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Minutes 07-11-2017327 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, July 11, 2017, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro TernBilly Barfield, Council Members Buddy Maness, Dr. Gwen McNeill, Frank McLean, Billy Tart, and Chuck Turnage. Also present was City Manager Steven Neuschafer, Finance Director Mark Stephens, Public Works Director Dean Gaster, Chief Building Inspector Steven King, Planning Director Samantha Wullenwaber, Police Captain Royal, Recreation Director Brian McNeill, Human Resources Director Anne Thompson, Librarian Mike Williams, Attorney Tilghman Pope, City Clerk Jennifer Fortin, and Daily Record Reporter Melody Brown -Peyton. INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Pastor Roy Johnson, Police Chaplain and Director of Pastoral Care for Harnett Health System, to give the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Maness and seconded by Council Member Barfield to adopt the July 11, 2017 meeting agenda with changes, if any, as listed below. Agenda Items Added: • none Agenda Items Removed: • none Motion unanimously approved. PUBLIC COMMENT PERIOD Each speaker is asked to limit comments to 3 minutes, and the total comment period will be 30 minutes. Citizens must sign up and register on a sign-up sheet available on the podium within the City Council Chambers prior to the start of the meeting. Mayor Harris read the City of Dunn City Council Public Comment Policy. Terry Tripp — Zebulon, NC — Mr. Tripp had concerns about a retention pond concerning the property owned by R.P. Wellons Land & Development, LLC locate at the 1700 block of Friendly Road. Hearing no further comments, Mayor Harris closed the Public Comment portion of the agenda. PUBLIC HEARINGS Demolition of house 814 E. Johnson Street PIN# 1516-98-9820.000 The public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling located at 814 E Johnson Street, Dunn, NC. The public hearing was duly advertised on June 26, 2017 and July 3, 2017. Hearing no comments, Mayor Harris closed the public hearing. Demolition of House 208 W. Granville Street PIN# 1517-70-5492.000 The public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling located at 208 W. Granville Street, Dunn, NC. The public hearing was duly advertised on May 30, 2017 and June 6, 2017. Hearing no comments, Mayor Harris closed the public hearing. Property Unfit for Human Habitation 907 S. McKay Avenue PIN# 1516-35-3610.000 The public has been notified that oral and written comments will be heard and received concerning the declaring of the single family structure owned by Quality Capital, LLC, located 907 S. McKay Avenue, Dunn, NC as Unfit for Human Habitation. The public hearing was duly advertised on June 26, 2017 and July 3, 2017. Hearing no comments, Mayor Harris closed the public hearing. Property Unfit for Human Habitation 518 E. Townsend Street PIN# 1516-87-8981.000 The public has been notified that oral and written comments will be heard and received concerning the declaring of the single family structure owned by Quality Capital, LLC, located 518 E. Townsend Street, Dunn, NC as Unfit for Human Habitation. The public hearing was duly advertised on June 26, 2017 and July 3, 2017. 328 Ms. Thompson, tenant of 518 E. Townsend Street, spoke in favor of the ordinance declaring the property unfit for human habitation. Ms. Thompson requested to have until the end of the month to re -locate. Mr. Clark of Dunn Spoke in favor of the ordinance declaring the property unfit for human habitation. Hearing no further comments, Mayor Harris closed the public hearing. Rezoning Request RZ-02-17 City Initiated Large Scale Rezoning Phase 3 The public has been notified that oral and written comments will be heard and received concerning the City initiated rezoning of properties in the northern portion of the jurisdiction, with boundaries as follows: W. Cumberland Street and E. Cumberland Street north to the end of the City of Dunn jurisdiction, and west of I-95. The City is initiating the rezoning to amend the zoning map to reflect the current use of properties and the 2030 Land Use Plan. Three % page color ads were advertised in the Daily Record. Hearing no comments, Mayor Harris closed the public hearing. CONSENTITEMS Minutes — Council considered approval of the minutes of June 13, 2017 City Council Meeting Budget Amendments #1& 2 (A copy of BA #1, 2 are incorporated into these minutes as attachment #1) Motion by Council Member Barfield and seconded by Council Member McNeill to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Consideration of Resolution Fixing Date of Public Hearing as August 8, 2017 for Voluntary Annexation Petition ANX- 01-17 Received Under G.S. 160A-31 R.P. Wellons Land & Development, LLC — 9 acres — PIN# 1517-24-6607.000 Motion by Council Member Barfield and seconded by Council Member McLean to adopt the Resolution Fixing the Date of Public Hearing as August 8, 2017 for Voluntary Contiguous Annexation Petition ANX-01-17. Motion unanimously approved. (A copy of Resolution (R2017-12) is incorporated into these minutes as attachment #2). Consideration of Ordinance to Demolish House 814 E Johnson Street PIN# 1516-98-9820.000 Chief Building Inspector Steven King has conducted an inspection of 814 E. Johnson Street and based upon his observations, the structure failed to comply with the minimum standards of fitness established by the Minimum Housing Code of the City of Dunn. The Chief Building Inspector also found the dwelling dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G.S. § 160A-193. The owner of the property has failed to comply with the Chief Building Inspector's order and according to N.C.G.S. § 160A- 443, the City of Dunn has the power to proceed with the demolition of the property. Motion by Council Member Maness and seconded by Council Member Tumage to adopt the Ordinance directing the Chief Building Inspector to proceed with the demolition of the dwelling located at 814 E. Johnson Street, Dunn, NC, PIN# 1516- 98-9820.000. Motion unanimously approved. (A copy of Ordinance (02017-17) is incorporated into these minutes as attachment #3). Consideration of Ordinance to Demolish House 208 W. Granville Street PIN# 1517-70-5492.000 Chief Building Inspector Steven King has conducted an inspection of 208 W. Granville Street and based upon his observations, the structure failed to comply with the minimum standards of fitness established by the Minimum Housing Code of the City of Dunn. The Chief Building Inspector also found the dwelling dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G.S. § 1610A-193. The owner of the property has failed to comply with the Chief Building Inspector's order and according to N.C.G.S §160A- 443, the City Council has the power to proceed with the demolition of the property. Motion by Council Member Tart and seconded by Council Member Maness to adopt the Ordinance directing the Chief Building Inspector to proceed with the demolition of the dwelling located at 208 W. Granville Street, Dunn, NC, PIN# 1517- 70-5492.000. Motion unanimously approved. (A copy of Ordinance (02017-18) is incorporated into these minutes as attachment #4). Consideration of Ordinance Declaring Property Unfit for Human Habitation 907 S. McKay Avenue PIN# 1516-35-3610.000 Chief Building Inspector Steven King has conducted an inspection at 907 S. McKay Avenue and found the structure in a deteriorated condition that does not meet the requirements of the City of Dunn Minimum Housing Code (MHC). The Chief Building Inspector also found the property dangerous or prejudicial to the public health or public safety and is a nuisance in violation of N.C.G.S. §160A-193. The owner of the property has failed to comply with the Chief Building Inspector's order to bring the structure on the property into compliance with the City of Dunn MHC and pursuant to N.C.G.S. §160A-443, the City Council has the 329 authority to direct the Chief Building Inspector to post on the main entrance of the property a placard that states "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful". If the owner of the property has not repaired, altered or improved the property to bring it into compliance with Section 4-31 of the Dunn City Code within twelve (12) months of the adoption of this ordinance, the Building Inspector is directed to bring this matter back before the City Council for further consideration of remedies available to the City of Dunn under N.C.G.S §160A-443. Motion by Council Member Barfield and seconded by Council Member McLean to adopt the Ordinance declaring the property located at 907 S. McKay Avenue, PIN# 1516-35-3610.000, Unfit for Human Habitation Pursuant to N.C.G.S. § 160A-441, ET SEQ. Motion unanimously approved. (A copy of Ordinance (02017-19) is incorporated into these minutes as Attachment #5). Consideration of Ordinance Declaring Property Unfit for Human Habitation 518 E. Townsend Street PIN# 1516-87-8981.000 Chief Building Inspector Steven King has conducted an inspection at 518 E. Townsend Street and found the structure in a deteriorated condition that does not meet the requirements of the city of Dunn Minimum Housing Code (MHC). The Chief Building Inspector also found the property dangerous or prejudicial to the public health and public safety and is a nuisance in violation of N.C.G.S. §160A-193. The owner of the property has failed to comply with the Chief Building Inspector's order to bring the structure on the property into compliance with the City of Dunn MHC and pursuant to N.C.G.S. §160A-443, the City Council has the authority to direct the Chief Building Inspector to post on the main entrance of the property a placard that states "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful". If the owner of the property has not repaired, altered or improved the property to bring it into compliance with Section 4-31 of the Dunn City Code within twelve (12) months of the adoption of this ordinance, the Building Inspector is directed to bring this matter back before the City Council for further consideration of remedies available to the City of Dunn under N.C.G.S §160A-443. Motion by Council Member Maness and seconded by Council Member Barfield to adopt the Ordinance declaring the property located at 518 E. Townsend Street, PIN# 1516-87-8981.000, Unfit for Human Habitation Pursuant to N.C.G.S. §160A441, ET SEQ. Motion unanimously approved. (A copy of Ordinance (02017-20) is inco7porated into these minutes as Attachment #6). Consideration of Ordinance to Demolish House 604/606 S. Fayetteville Avenue PIN# 1516-45-7909.000 Chief Building Inspector Steven King conducted an inspection at 604/606 S. Fayetteville Avenue and based upon his observations, the structure failed to comply with the minimum standards of fitness established by the Minimum Housing Code of the City of Dunn. The Building Inspector also found the dwelling dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G.S. § 160A-193. The owner of the property has failed to comply with the Building Inspector's order and according to N.C.G.S. §160A-443, the City Council has the power to proceed with the demolition of the property. This matter was tabled at the May 9, 2017 Council Meeting to be brought before the City Council at the July 11, 2017 Council Meeting to allow the property owner more time to make repairs on the dwelling. At this time, the property owner has requested no additional inspections for repairs since the March 14, 2017 Council Meeting. The repair/renovation of the dwelling is approximately 30% completed. Chief Building Inspector King recommended giving the homeowner an additional 60 days for repairs. Motion by Council Member Maness and seconded by Council Member Tumage to bring back before the Council at the September meeting to allow more time for the renovation to be completed at the dwelling located at 604/606 S. Fayetteville Avenue, PIN# 1516-45-7909.000. Motion unanimously approved. Consideration of Ordinance to Demolish Structure 510 Spring Branch Road PIN# 1516-71-5790.000 Chief Building Inspector Steven King has conducted an inspection at 510 Spring Branch Road and based upon his _ observations, the structure in in a condition that constitutes a fire and health hazard. The Building Inspector also found the structure dangerous or prejudicial to the public health and public safety and was condemned. The owner of the property has failed to comply with the Building Inspector's order and according to N.C.G.S. §160A-443, the City Council has the power to proceed with the demolition of this property. This matter was tabled at the January 2017 Council Meeting to be brought before the City Council at the March 2017 Council Meeting to allow the property owner and prospective buyer to make additional repairs on the structure and to obtain a legal agreement to achieve certain milestones by specific dates. At this time, the property owner and prospective buyer have completed some of the repairs since the March 2017 meeting. On March 14, 2017 a Condemnation Estoppell and Hotel Investment Agreement was made and signed by the City of Dunn Mayor, Oscar N. Harris and New Dunn Hotel, LLC, Amar N. Patel, Manager 330 Motion by Council Member Maness and seconded by Council Member Barfield to allow 60 days for the purchasing of the property and to obtain building permits and bring back in front of the City Council at the October City Council Meeting. Motion unanimously approved. Rezoning Request RZ-02-17 City Initiated Large Scale Rezoning Phase 3 The public has been notified that oral and written comments will be heard and receive d concerning the City Initiated rezoning of properties in the northern portion of our jurisdiction, with boundaries as follows: W. Cumberland Street and E. Cumberland Street north to the end of the City of Dunn jurisdiction, and west of I-95. The City is initiating the rezoning to amend the zoning map to reflect the current use of the properties and the 2030 Land Use Plan. The Planning Board has held several workshops and discussed the proposed zoning changes for the past 1.5 years. The Planning Board met on June 27, 2017 to review the request and asked for comments from the public. There was no one present to speak for or against the request; the Planning Board voted unanimously to recommend approval of this request. Motion made by Council Member Barfield and seconded by Council Member McLean to approve the request to rezone parcels in the northern portion of our jurisdiction. (A copy of the rezoning map is incorporated into these minutes as Attachment #7). Application for an Owner's permit to Operate a Taxicab Police Captain Royal noted he spoke with the applicant and she would like to table the application at this time until her pending citations are resolved. Motion by Council Member Turnage and seconded by Council Member McNeill to table this matter until such time as the pending citations are resolved to include any citations until this matter is brought back before the City Council. Motion unanimously approved. Engineering Services Proposal & Capital Project Ordinance for the Black River WWTP Aeration Replacement Project Public Works Director Gaster noted the City of Dunn's Black River WWTP has a severely deteriorated aeration system which is in need of replacement to avoid a major disruption of the City's wastewater treatment process and potential NPDES permit violations and fines. The existing aeration system was installed in the early 1980's and has reached the end of its useful life. Over the past several years the aeration piping has deteriorated and there are numerous air leaks in the underground and in -basin piping. There are approximately 64 individual diffuser drops and these are failing with increased frequency. Outdated blower and motor technology also adds to the inefficiency of the existing system. The following are tasks as they relate to the replacement of the deteriorated aeration system at the Black River WWTP: Task 1 — Preliminary Design Phase Task 2 — Division of Water Infrastructure Funding Application Task 3 — DWI Engineering Report/Environmental Information Document Task 4 — Final Design Phase Task 5 — Bidding and Contract Award Task 6 — Construction Administration a& Resident Project Representative Services Engineering expenses will be incurred in fiscal years 2017-2018 and 2018-2019. Debt service is expected to begin in FY 2019-2020. Finance Director Stephens stated financing has not been secured at this time but we are looking at different options. There is straight financing or loan/grant combination. The City would incur the expenses and get reimbursed when the funding is received. Motion by Council Member Tumage and seconded by Council Member Maness to approve the request from Davis Martin Powell & Associates for the engineering services proposal for the Black River WWTP Aeration Replacement Project and approve the Capital Project Ordinance for the Black River WWTP Aeration Replacement Project. (A copy of Ordinance (02017-21) is incorporated into these minutes as Attachment #8). Motion unanimously approved. Water Asset Inventory & Assessment Grant The City of Dunn has applied for and has been offered a grant in the amount of $150,000 for the purpose of updating the existing water system map, updating the existing Hydraulic Water Model, and updating the existing Capital Improvements Plan. Motion by Council Member Barfield and seconded by Council Member McLean to adopt the Resolution accepting the AIA Grant offer in the amount of $150,000 and making the applicable assurances contained therein, recommend the AIA Grant Project be awarded to the engineering firm of WithersRavenel, and approve budget amendment #3 to record the grant proceeds and the City's required match. (A copy of the Resolution (R2017-13) and budget amendment #3 are incorporated into these minutes as Attachment #9)_ Motion unanimously approved. ITEM FOR DISCUSSION AND/OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending May 31, 2017: • The City as of May 31, 2017 had $3,839,652 in cash in the General Fund and $2,377,424 in the Water and Sewer Fund. In May 2016 the City had $3,462,930 in the General Fund and $2,189,142 in the Water and Sewer Fund. • Property Tax collections through June were $3,830,729 or 103.65% of budget. Last year property tax collections through June were $3,602,413 or 101.82% of budget. • Sales Tax Revenue is $1,613,699 or 96.34% of budget. Benchmark for the month is 83.33% of budget. 331 • Utilities Sales Tax is $531,564 or 67.36% of budget. Benchmark for this month is 75.00% of budget. • Building Permit Fees were $79,898 or 121.38% of budget. Benchmark for this month is 91.67% of budget. • Water and Sewer Revenues were $3,812,445 or 84.72% of budget. Benchmark for this month is 8333% of budget • Expenditures were 87.21% of budget in the general fund and 86.22% of budget in the water and sewer fund. The benchmark for this period is 91.67% of budget. Motion by Council Member Barfield and seconded by Council Member McNeill to accept the Financial Report. Motion carried unanimously. ADMINISTRATIVE REPORTS Tax Report -- Planning & Inspections Report Public Works Report Recreation Report Library Report Police Report Motion by Council Member Tart and seconded by Council Member Maness to accept the Administrative Reports. Motion unanimously approved. City Manager's Report City Manager Neuschafer noted the following: • The traffic signal at Wayne Avenue has been completed. • The Engineers are evaluating the street paving list and we are waiting for specifications for bid on the selected streets. • NCDOT is preparing to hold public meetings for the improvement to I-95 lane, ramps and bridge improvements. • Updating the City Vision and Goals and providing Council with information to help staff look at the items as we move forward Planning Director Wullenwaber gave a brief update from the Planning and Inspections Department — see attached power point (A copy of the powerpoint is incorporated into these minutes as Attachment#10). ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ Crime Stoppers National Night Out will be held on Tuesday, August 1, 2017 from 6pm-8pm at Tyler Park ➢ Mayor Harris commended Recreation Director McNeill and the Parks and Recreation Department for the condition of the parks and the recreation programs ➢ The next regular City Council Meeting is scheduled for Tuesday, August 8, 2017 @ 7:00 p.m. Motion by Council Member Barfield and seconded by Council Member McNeill to adjourn the meeting at 8:04 p.m. Motion unanimously approved. ``aesnn�q r ` ,G\-vy OF�G �.GpRPOR,gT�,2 Attest: ®•® SEAL nnifer . Fortin, ��'• H BAR r``0 City Clerk C car N. Harris Mayor