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Minutes 08-15-2017332 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, August 15, 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 & Inspections Director Samantha Wullenwaber, Police Captain Jenkins, 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 Reverend Bobby Parker, Associate Pastor at Sansom Community Church and volunteer for the Harnett Health Hospitals, to give the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Turnage and seconded by Council Member McNeill to adopt the August 15, 2017 meeting agenda with changes, if any, as listed below. Agenda Items Added: • none Agenda Items Removed: • Removal of Items #11 and #23 for further review and consideration —Ordinance Amendment OA-05-17 Chapter 15, Parks and Recreation — Public Hearing and Item for Decision Motion unanimously approved. PRESENTATION Planning & Inspections Director Wullenwaber introduced Michael Slater Johnson as the new Code Enforcement Officer. 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. Hearing no comments, Mayor Harris closed the Public Comment portion of the agenda. PUBLICHEARINGS Demolition of House 603 N. Fayetteville Avenue PIN# 1516-69-9226.000 The public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling located at 603 N. Fayetteville Avenue, Dunn, NC. The public hearing was duly advertised on August 1, 2017 and August 8, 2017. Hearing no comments, Mayor Harris closed the public hearing. Demolition of House 701 E. Pearsall Street PIN# 1516-75-6108.000 The public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling located at 701 E. Pearsall Street, Dunn, NC. The public hearing was duly advertised on August 1, 2017 and August 8, 2017. Hearing no comments, Mayor Harris closed the public hearing. Demolition of House 705 Maple Avenue PIN# 1517-22-5770.000 The public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling located at 705 Maple Avenue, Dunn, NC. The public hearing was duly advertised on August 1, 2017 and August 8, 2017. Hearing no comments, Mayor Harris closed the public hearing. Demolition of House 609 E. Pearsall Street PIN# 1516-75-4278.000 The public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling located at 609 E. Pearsall Street, Dunn, NC. The public hearing was duly advertised on August 1, 2017 and August 8, 2017. Hearing no comments, Mayor Harris closed the public hearing. 333 Conditional Use Permit CU-02-17 Drew Wood (applicant) JEME Partners (owners) 518 Erwin Road PIN# 1516-19-0839.000 This is a request for a Conditional Use Permit [Zoning Ordinance Article IX, Division 1, 22-461 (8) j & k] from Drew Wood. The conditional use request is for an indoor recreation facility (virtual Reality room) and bar (craft beer and wine consumption on site). The Public Hearing is the opportunity for the Council to hear sworn testimony and receive specific evidence from the public to include any parry for or against the request. During the deliberation for decision questions may only be asked to clarify previous testimony. The Public Hearing was duly advertised on July 18, 2017, August 1, 2017 and August 8, 2017. Mayor Harris yielded to City Attorney Pope. City Attorney Pope introduced CU-02-17, a request by Drew Wood for a Conditional Use Permit to allow for the operation of an indoor recreation facility (virtual reality room) and bar (craft beer and wine on site consumption). The hearing on this matter is judicial in nature and will be conducted in accordance with special due process safeguards. Swearing In Attorney Pope asked that all persons who wish to testify in this case, approach the podium to be sworn or give their affirmation. City Attorney Pope administered oaths to: Planning & Inspections Director Samantha Wullenwaber Drew Wood Explanation of Proceeding Attorney Pope explained that testimony will first be given by City Planning & Inspections Director Samantha L. Wullenwaber, then from the applicant and their witnesses, and then from opponents to the request. Parties may cross- examine witnesses after the witness testifies when questions are called for. If you want the Council to see written evidence, such as reports, maps or exhibits, the witness who is familiar with the evidence should ask that it be introduced during or at the end of his or her testimony. Reports from persons who are not present to testify will not be accepted. Attorneys who speak should not give factual testimony but may summarize their client's case. Before beginning your testimony, please clearly identify yourself for the record. City Attorney Pope opened the hearing on Case #CU-02-17 Conditional Use Permit Application and asked for testimony from the City Planning & Inspections Director Samantha Wullenwaber. Testimony from the Planner Planning & Inspections Director Wullenwaber asked that the documents contained behind tab 918 in the City Council packet which includes the conditional use application, Planning Department staff report, and map be submitted into the record. (A copy of these documents will be entered as evidence for Case #CU-02-1 7 Conditional Use Permit is incorporated into these minutes as Attachment #1). The request is for 518 Erwin Road and it is for an indoor recreation facility and a bar. The indoor recreation facility use is for a virtual reality room and there would also be a conditional use for the bar, for craft beer and wine consumption on site. The property is owned by JEME Partners out of Raleigh and the applicant is Drew Wood. The proposed location is about a 7,000 square foot shopping center. A pawn shop is on one side and dentist office is on the other side. It is currently a shopping center/strip mall. That is important because the conditional use is for 518 Erwin Road and will go with the entire property. Any of these suites could be a bar or indoor recreation facility. The adjacent land uses are commercial and office and the land across the street is residential and commercial. All City services are available. The total number of parking spaces provided at this site is 35. The applicant plans on using a 1,250 square foot facility of the shopping center and 13 parking spaces are required. The Land Use Plan has identified this land as commercial in the 2030 Land Use Plan and this is in Area 4 of the Land Use Plan. The current zoning is C-3, which allows them to apply for these conditional uses. According to the applicant, the hours of operation will be Monday thin Friday 5 p.m. — 9 p.m. and Saturday 12 p.m. — 9 p.m. and closed on Sunday. The Planning Board did recommend approving this conditional use request with the hours staying as previously mentioned as a condition. The Council does make the final decision on all conditions and the applicant does have to agree to them. The applicant has already agreed to the condition of the hours. At the end of the City Planner's testimony, Attorney Pope asked if there were any questions of the City Planner from attorneys or persons sworn to provide testimony. None were heard. Attorney Pope asked ifthere were any questions of the City Plannerfrom the Council. Council Member Tart asked about if another individual wanted to go into the shopping center would there be the same restrictions. Planning & Inspections Director Wullenwaber stated that yes they would have the same hours and the conditional use would run with the property. Council Member Barfield inquired about the beer sales. This conditional use is for the virtual reality room and beer. If another tenant comes in and wants to put just beer in there, is that acceptable? Planning & Inspections Director Wullenwaber stated that yes it is and it would be for bar use. If you passed the condition of the hours, those would stay no matter what type of bar it was. Council Member Tart asked if that this conditional use would be indefinite. Planning & Inspections Director Wullenwaber stated that yes unless the conditional use needed to be revoked at some point it would be definite. 334 Mayor Harris requested a description of a virtual reality room. Planning & Inspections Director Wullenwaber noted a virtual reality room is a room where you put on goggles and a computer plays a simulation and you interact like you are in the program. Attorney Pope asked if there were any questions of the City Planner from attorneys or persons sworn to provide testimony. None were heard. Attorney Pope asked for testimony from the Applicant/Proponents. Attorney Pope explained that Council will now hear from the applicant and other proponents. If there are attorneys or other representatives who will give a general summary of the client's position, we would like for you to go first. Drew Wood noted this is a family orientated business and we will be serving drinks and snacks. There will also be a playroom for children. Attorney Pope asked the Council ifthey had questions of the applicant/proponents. Mayor Harris inquired as to what the name of the business was going to be. Mr. Wood noted it would be Drew Wood Enterprises, LLC. Mayor Harris asked the applicant if he would be willing to limit the conditional use to only the 1,250 square feet being utilized and not the whole complex. Mr. Wood noted he would be willing to limit the conditional use to the 1,250 square feet being utilized. Council Member McNeill had a concern with individuals drinking alcohol with a child being present and then the individual possibly driving with a child in the vehicle. Council Member Barfield inquired as to how many individuals would be in the room at one given time. Mr. Wood noted the room is limited to one individual at a time. Attorney Pope noted that at the Planning Board meeting Mr. Wood agreed to the hours of operation being Monday — Friday 5 p.m. — 9 p.m. and Saturday 12 p.m. — 9 p.m. and closed on Sunday. He asked Mr. Wood if he was willing to accept that condition if approved. Mr. Wood stated yes he would accept that condition. Attorney Pope asked if there were any questions of the applicant/proponents from attorneys or persons sworn to provide testimony. None were head. Testimony from Opponents. None were heard. Attorney Pope stated we will now entertain any further questions from the City Council Members for the applicant, proponents or opponents at this time. Once the public hearing is closed, the only questions posed to the applicant, proponents or opponents shall be for clarification. No new evidence can be introduced after closing the public hearing. The applicant has agreed to two conditions if the Council is inclined to impose those conditions. If there are any other conditions you would like the applicant to consider you must present them at this time and they must be agreed to by the applicant. With no further testimony, a motion was made by Council Member Barfield and seconded by Council Member McNeill to close the public hearing for CU-02-17 at 7:43 p.m. Motion unanimously approved. Voluntary Annexation ANX-01-17 R. P. Wellons Land & Development, LLC 1700 block of Friendly Road PIN# 1517-24-6607.000 The public has been notified that oral and written comments will be heard and received concerning the question of voluntary contiguous annexation of 9-acres, PIN# 1517-24-6607.000 located at the 1711 block of Friendly Road and owned by R. P. Wellons Land & Development, LLC. The public hearing was duly advertised on July 31, 2017. Hearing no comments, Mayor Harris closed the public hearing. Ordinance Amendment OA-04-17 Chapter 11; License and Business Regulations This is a request to hereby amend Chapter 11; License and Business Regulations, to replace the privilege license system with the business registration program. The public hearing is the opportunity for the Council to hear comments and opinions from the public to include any party for or against the request. The public hearing was duly advertised on August 8, 2017. Hearing no comments, Mayor Harris closed the public hearing. Minutes — Council considered approval of the minutes of July 11, 2017 City Council Meeting Destruction of Municipal Records — Finance Department Motion by Council Member Turnage and seconded by Council Member Maness to approve all consent items. Motion unanimously approved. 335 ITEMS FOR DECISION Consideration of Ordinance to Demolish House 603 N. Fayetteville Avenue PIN# 1516-69-9226.000 Chief Building Inspector Steven King has conducted an inspection of 603 N. 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 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- 432, the City Council has the power to proceed with the demolition of the property Motion by Council Member Tart and seconded by Council Member Barfield to adopt the Ordinance directing the Chief Building Inspector to proceed with the demolition of the dwelling located at 603 N. Fayetteville Avenue Motion unanimously approved. (A copy of Ordinance (02017-23) is incorporated into these minutes as attachment #2). Consideration of Ordinance to Demolish House 701 E. Pearsall Street PIN# 1516-75-6108.000 Chief Building Inspector Steven King has conducted an inspection of 701 E. Pearsall 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- 432, the City of Dunn has the power to proceed with the demolition of the property. Motion by Council Member Barfield and seconded by Council Member McNeill to adopt the Ordinance directing the Chief Building Inspector to proceed with the demolition of the dwelling located at 701 E. Pearsall Street, Dunn, NC, PIN# 1516- 75-6108.000. Motion unanimously approved. (A copy of Ordinance (02017-24) is incorporated into these minutes as attachment #3). Consideration of Ordinance to Demolish House 705 Maple Avenue PIN# 1517-22-5770.000 Chief Building Inspector Steven King has conducted an inspection of 705 Maple 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 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- 432, the City Council has the power to proceed with the demolition of the property. Motion by Council Member Barfield and seconded by Council Member McLean to adopt the Ordinance directing the Chief Building Inspector to proceed with the demolition of the dwelling located at 705 Maple Avenue, Dunn, NC, PIN# 1517-22- 5770.000. Motion unanimously approved. (A copy of Ordinance (02017-25) is incorporated into these minutes as attachment #4). Consideration of Ordinance to Demolish House 609 E. Pearsall Street PIN0 1516-75-4278.000 Chief Building Inspector Steven King has conducted an inspection of 609 E. Pearsall 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- 432, the City Council has the power to proceed with the demolition of the property. Motion by Council Member Tart and seconded by Council Member Barfield to adopt the Ordinance directing the Chief Building Inspector to proceed with the demolition of the dwelling located at 609 E. Pearsall Street, PIN# 1516-75-4278.000. Motion unanimously approved. (A copy of Ordinance (02017-26) is incorporated into these minutes as Attachment #5). Conditional Use Permit Cu-02-17 Drew Wood (applicant) JEME Partners (owner) 518 Erwin Road PIN# 1516-19-0839.000 A request was received from Drew Wood for an indoor recreation facility (virtual reality room) and bar (craft beer and wine consumption on site). This property is currently zoned C-3, Highway Commercial District. The Planning Board met on July 25, 2017, reviewed the request and asked for comment from the public. The applicant was present and spoke on behalf of the request and one person from the public spoke and was in opposition of the request. The Planning Board recommended in a 6-1 vote to approve this request with the following condition: The hours of operation shall be as stated in the application of Monday -Friday 5:00 p.m. to 9:00 p.m., Saturday 12:00 p.m. to 9:00 p.m. and closed on Sundays. Motion by Council Member Turnage and seconded by Council Member Barfield to approve the conditional use request based upon the use requested is listed among the conditional uses in the district for which the application is made, the requested use 336 is essential or desirable to the public convenience or welfare, the requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare, the requested use will be in conformity with the land development plan, and adequate utilities, road access, drainage, sanitation, and other necessary facilities have been or are being provided. The hours of operation shall be as stated in the application of Monday -Friday 5:00 p.m. to 9:00 p.m., Saturday 12:00 pm. to 9:00 p.m. and closed on Sundays and the limitation of the Conditional Use shall be to the 1,250 square foot use of the building. Motion unanimously approved. Consideration of Ordinance to Extend the Corporate Limits of the City of Dunn Voluntary Annexation Petition ANX-01-17 Received Under G.S. 160A-31 R P. Wellons Land & Development, LLC 9-acres, 1700 block of Friendly Road PIN# 1517-24-6607.000 -- This is a request to approve an ordinance to extend the corporate limits of the City of Dunn by voluntary contiguous annexation of 9 acres, more or less. This 9 acres, more or less is identified by the Harnett County Register of Deeds as PIN# 1517-24-6607.000 located at the 1700 block of Friendly Road. This property is owned by R. P. Wellons Land & Development, LLC. Motion by Council Member Maness and seconded by Council Member Turnage to adopt the proposed Ordinance to extend the corporate limits of the City of Dunn Voluntary Annexation ANX-01-17 received under G.S. 160A-31; R. P. Wellons Land & Development, LLC; 9--/- acres PIN #1517-24-6607.000. Motion unanimously approved. (A copy of Ordinance (02017-22) is incorporated into these minutes as Attachment #6). Harnett County Public Library Board of Trustees This is a request to appoint Gloria Gulledge to fulfill the unexpired term of Charles Moore as Dunn's representative to the Harnett County Library Board of Trustees. Motion by Council Member Barfield and seconded by Council Member McNeill to appoint Gloria Gulledge to fulfill the unexpired term of Charles Moore as Dunn's representative to the Harnett County Library Board of Trustees. Motion unanimously approved. Award Contract of Copier Bid The City's current contract is up at the end of September 2017. The City requested quotes from several companies. The contract is for 5 years. The proposed contract will save the City $2,400 a year over the current contract. Motion made by Council Member Maness and seconded by Council Member Barfield to approve the low bid with Office Value @.0148 per black and white copy and .058 per color copy. Motion unanimously approved. Ordinance Amendment OA-04-17 Chapter 11; License and Business Regulations This is a request to hereby amend Chapter 11, License and Business Regulations, to replace the privilege license system with the business registration program. The NC General Assembly eliminated the authority for privilege licenses a couple of years ago. Since then the General Assembly enacted legislation allowing cities to adopt a Business Registration Program. The business registration program assists in the management and enforcement of the zoning, building and fire codes to ensure the public's safety. Each business will be charged a yearly fee of $40. City Attorney Tilghman Pope has reviewed the ordinance as presented. Motion by Council Member Barfield and seconded by Council Member McLean to adopt the amended License and Business Regulation Ordinance as presented. Council Member Barfield inquired if all businesses in the City of Dunn be required to have the registration? Attorney Pope noted they will unless they are exempt under the General Statutes. Planning & Inspections Director Wullenwaber noted the Business registration program replaces the privilege license ordinance the City used to have. The proposed $40 fee is annually. If a new business starts after January 1 of each year they will be prorated. Motion unanimously approved. (A copy of Ordinance (02017-27) is incorporated into these minutes as Attachment 47). Set Date for Work Session on MeterSys Feasibility Study Results City Manager Neuschafer noted that during the Budget Retreat, Council authorized the Finance Department and Water Department to go ahead and hire a consultant to evaluate the automatic read meters and the radio read meters. The analysis is complete and they are ready to present to Council. In order to move forward a work session would be the best format in which to hear the presentation. Mayor Harris noted his schedule was tight and was looking at possibly the week after Labor Day. Council Member Tumage noted he was not available during the day, only at night and on weekends. Council Member Maness requested getting other dates from the consultant and go from there. ITEM FOR DISCUSSION AND/OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending June 30, 2017: 337 • The City as of June 31, 2017 had $3,074,117 in cash in the General Fund and $2,518,869 in the Water and Sewer Fund. In June 2016 the City had $2,802,437 in the General Fund and $2,010,997 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 $1,954,070 or 116.67% of budget. Benchmark for the month is 100% of budget. • Utilities Sales Tax is $739,912 or 93.76% of budget. Benchmark for this month is 100% of budget. • Building Permit Fees were $88,328 or 135.88% of budget. Benchmark for this month is 100% of budget. • Water and Sewer Revenues were $4,567,651 or 101.50% of budget. Benchmark for this month is 100% of budget • Expenditures were 97.14% of budget in the general fund and 91.17% of budget in the water and sewer fund. The benchmark for this period is 100% of budget. Finance Director Stephens noted looking at the pre -audit, we will be putting back approximately $275,000 into the General Fund. Mayor Harris noted we budgeted $400,000 on our paving project and I would like Council to think about pulling $200,000 back out of the General Fund and add it to the paving project and that would still leave a net increase of $75,000. Council Member Turnage noted other options should be looked at also. Mayor Harris noted Finance Director Stephens will draft a plan to present to Council. Mayor Harris noted in addition to the $275,000 the City also paid off other debt. Finance Director Stephens noted the 2009 Street Resurfacing Loan was paid off. Motion by Council Member McNeill and seconded by Council Member Tart 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 Maness and seconded by Council Member Barfield to accept the Administrative Reports. Motion unanimously approved. City Manager's Report City Manager Neuschafer noted the following: • Downtown Dunn was in the running for the Department of Commerce Grant and we were selected as one of the three communities in North Carolina. We will be moving forward and you should be seeing an acceptance resolution within the next month. • There are three outstanding projects with FEMA. We did hold a close out meeting with them. One has been obligated and there are funds for that but we are still waiting for the last two to be approved by FEMA and these are construction projects to be rehabbed from Hurricane Matthew. • The Engineer Report has been received on the street resurfacing and Public Works Director Gaster and I will be going through the list and beg n the prioritizing of the different street based on their cost. • The interview process has begun for the Police Chief position and I estimate to be complete with first round of interviews by the end of August and we are moving forward with the process. Recreation Director McNeill gave a brief update from the Parks and Recreation Department. The boy's baseball state tournament we hosted had a great turnout and we received a lot of compliments about our facilities and staff. The 10-Under Girls All -Star Team won the World Series for 10-U Softball World Series Championship for the City of Dunn and they did a great job going to Louisiana and representing the City and putting Dunn, North Carolina on the map. On Friday, August 25, 2017 we will be notified if we are awarded the PARTF grant and we will have someone in attendance at the ceremony and then we will know if we can move forward with the Tart Park project. The bathrooms are in the final stages of completion and we are looking at the second week in September. There was vandalism at Tyler Park and the surveillance video has been tamed over to the Police Department. (A copy of the report is incorporated into these minutes as Attachment #8). Mayor Harris requested that City Manager Neuschafer have Ms. Goff and Mr. Elmore come and speak to Council about the Downtown Grant. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ Third Thursday Dine & Stroll Downtown Dunn, Thursday, August 17, 2017 @ 5:00 p.m. ➢ Mayor Harris will present the State of the City on Tuesday, August 21, 2017 @ 12:00 p.m. at the Central Carolina Community College — Dunn Center 660 E. Johnson Street. ➢ 9`s Annual Kellie's Krew Run for a Cure at the General Lee Museum, Saturday, August 26, 2017 @ 7:00 a.m. — 11:00 a.m. ➢ City offices will be closed on Monday, September 4, 2017 in observance of Labor Day ➢ The next regular City Council Meeting is scheduled for Tuesday, September 12, 2017 @ 7:00 p.m. ➢ The City of Dunn will honor the Dunn Angels for winning the World Series in Softball and we will also be honoring the coaches, parents and grandparents. 338 Motion by Council Member Tart and seconded by Council Member McNeill to adjourn the meeting at 8:17 p.m. Motion unanimously approved. 'e o 11 f e, Attest: er M. Fo CMC Clerk OFF'%, �: GpRPORgT �' .Os atN. Harris ®.® �vlayor SEAS 'Q •,,Tjy CAR 'r1,nn11