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Minutes 10-10-2017J45 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, October 10, 2017, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tern Billy 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 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 Turnage and seconded by Council Member McNeill to adopt the October 10, 2017 meeting agenda with changes, if any, as listed below. Agenda Items Added: • none Agenda Items Removed: • none Motion unanimously approved. PRESENTATION Resolution Presentation Blount Whiteside, Jr. Mayor Harris presented a Proclamation to Blount Whiteside, Jr, in recognition and appreciation for his more than 30 years of service to the City of Dunn Board of Adjustment. A copy of Resolution (R2017-19) recogniting Blount Whiteside, Jr. is incorporated into these minutes as Attachment 91. Proclamation - Veterans Day _._ Council Member Tumage read the Veterans Day Proclamation. A copy of Proclamation (P2017-21) in honor of Veterans Day is incorporated into these minutes as Attachment #2. 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. PUBLIC HEARINGS Street Closure — Cooke Street on the Western Side of 204 Cooke Street At the Gate Entering the Storage Facility and S. Wilson Avenue From Duke Street to Cooke Street The public has been notified that oral and written comments will be heard and received concerning the public request to permanently close the public street between Cooke Street on the western side of 204 Cooke Street at the gate entering the storage facility and S. Wilson Avenue from Duke Street to Cooke Street. The public hearing was duly advertised on September 18t' & 25th, 2017 and October 2nd & l Od`, 2017. Hearing no comments, Mayor Harris closed the public hearing. Demolition of House 803 V2 N. Magnolia Avenue PIN# 1516-88-5976.000 The public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling located at 803 '/ N. Magnolia Avenue, Dunn, NC. The public hearing was duly advertised on September 28, 2017 and October 3, 2017. Hearing no comments, Mayor Harris closed the public hearing. Property Unfit for Human Habitation 1002 N. Fayetteville Avenue PIN# 1517-70-8361.000 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 at 1002 N. Fayetteville Avenue, Dunn, NC as Unfit for Human Habitation. 346 The public hearing was duly advertised on September 28, 2017 and October 3, 2017 Hearing no comments, Mayor Harris closed the public hearing. Ordinance Amendment — OA-05-17 Chapter 4; Buildings and Building Regulations This is a request to hereby amend Chapter 4, Building and Building Regulations to add the Non -Residential Building Maintenance Code. 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 October 4" & 10', 2017. Hearing no comments, Mayor Harris closed the public hearing. CONSENTITEMS Minutes — Council considered approval of the minutes of September 12, 2017 City Council Meeting Proclamation — National Friends of Libraries Week. A copy of Proclamation (P2017-22) is incorporated into these minutes as Attachment 43. Consideration of Resolution Urging a Safe and Courteous Halloween on Tuesday, October 31, 2017. A copy of Resolution (R2017-20) is incorporated into these minutes as Attachment #4. Motion by Council Member Barfield and seconded by Council Member McLean to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Consideration of Resolution and Order to Permanently Close the Public Street between Cooke Street on the Western Side of 204 Cooke Street at the Gate Entering the Storage Facility and S. Wilson Avenue from Duke Street to Cooke Street The Resolution of Intent to close the above referenced street was adopted by City Council on September 12, 2017 and the public meeting was held tonight. Motion by Council Member Tart and seconded by Council Member Barfield to adopt the Resolution to close the public street between Cooke Street on the western side of 204 Cooke Street at the gate entering the storage facility and S. Wilson Avenue from Duke Street to Cooke Street. Motion unanimously approved. A copy of Resolution and Order (R2017-21) is incorporated into these minutes as attachment 95. Consideration of Ordinance to Demolish House 803'/2 N. Magnolia Avenue PIN# 1516-88-5976.000 Chief Building Inspector Steven King has conducted an inspection at 803 % N. Magnolia 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 of Dunn has the power to proceed with the demolition of the property. Motion by Council Member Barfield and seconded by Council Member Tart to adopt the Ordinance directing the Chief Building Inspector to proceed with the demolition of the dwelling located at 803 % N. Magnolia Avenue, Dunn, NC, PIN# 1516-88-5976.000. Motion unanimously approved. A copy of Ordinance (02017-31) is incorporated into these minutes as attachment 46. Consideration of Ordinance Declaring Property Unfit for Human Habitation 1002 N. Fayetteville Avenue PLN# 1517-70-8361.000 Chief Building Inspector Steven King has conducted an inspection at 1002 N. Fayetteville 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 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 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 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". Motion by Council Member Turnage and seconded by Council Member Maness to adopt the Ordinance declaring the property located at 1002 N. Fayetteville Avenue, Dunn, NC, PIN# 1517-70-8361.000 as Unfit for Human Habitation. Motion unanimously approved. A copy of Ordinance (02017-332) is incorporated into these minutes as attachment 97. Consideration of Ordinance to Demolish Structure 510 Spring Branch Road 347 PIN# 1516-71-5790.000 Chief Building Inspector Steven King has conducted and inspection at 510 Spring Branch Road and based upon his observations, the structure is in a condition that constitutes a fire and health hazard. The Building Inspector also found the structure dangerous to the public health or 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 § 160A443, 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. Since March 2017 Council Meeting, the property owner and prospective buyer have completed some of the required repairs. 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. On July 11, 2017, the City Council agreed to table this matter until October 2017 in order for Mr. Patel to obtain ownership of the property and obtain a building permit. As of October 2, 2017, neither has been accomplished. Attorney Pope stated this matter has been brought before Council a number of times. Council has previously adopted an Estoppell Agreement twice that gave the property owner time to sell the property and the perspective purchaser time to complete demolition and buy the property. The last Estoppell Agreement expired and provided for it to come back before the Council at this meeting. There is a staff recommendation of allowing 30 more days for the purchase of the property and to obtain building permits. Attorney Pope stated he has not been contacted by an attorney for a request of an additional Estoppell Agreement. Attorney Pope stated to his knowledge the property had not yet been purchased. Amar Patel (perspective purchaser) stated the financial requirements have been met. We were contacted by the Planning and Inspections Department that there were issues going on with I-95. The expansion of I-95 would be taking the current ingress of the property. We are currently working with the seller of the property to get an easement from the adjoining property before we can close with the lender. Council member Maness stated the City Council has been very patient and lenient with this property. Mr. Patel requested a 30 day extension if Council would allow. I did not know about the I-95 issue until about 36 days ago when I received a call from the Planning & Inspections Director Wullenwaber. Mayor Harris asked how the owner's adjoining property affects the property being purchased. Mr. Patel stated the restaurant would be demolished and that would be controlled access land for NCDOT and the widening project and the only piece of land remaining would be wide enough for a driveway to be installed for the use of the proposed - hotel. Suresh Patel (owner) stated he is willing to give the easement but wants to be paid for it. Attorney pope stated Council has two choices, you can either adopt the ordinance that is before you or you can table the matter for another period of time. Motion by Council Member Maness and seconded by Council Member Barfield to table this issue until the November 14, 2017 City Council Meeting with the understanding if the perspective buyer does not have ownership of the property in question and of the easement that Council will proceed with the demolition of the property located at 510 Spring Branch Road, Dunn, NC, PIN# 1516-88-5976.000. Also, the perspective buyer needs to provide City Attorney with documentation (deed and easement) prior to the meeting, that he does own the property. Motion unanimously approved. Consideration of Ordinance to Demolish House 604/606 S. Fayetteville Avenue PIN# 1516-45-7909.000 Chief Building Inspector Steven King has 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 this property. This matter was tabled at the May 9, 2017, the July 11, 2017, and the September 12, 2017 Council Meetings to be brought before the City Council at the October 10, 2017 Council Meeting to allow the property owner more time to make repairs on the dwelling. At this time, no additional inspections for repairs have been documented since the March 14, 2017 Council Meeting. The repairs/renovation of the dwelling remains at approximately 40% completed. Chief Building Inspector King stated the electrician has completed the work but the plumber has not yet started. Mr. Brown has purchased the sheetrock and insulation for the property and is ready to move forward once he finds a plumber. Lee Brown, owner, stated he has approximately $20,000 into the remodel. He also stated he had to halt work on the project for about two months due to a family emergency and had just started back on the project two weeks ago. Mr. Lee would like to have the house occupied by January. Motion by Council Member McLean and seconded by Council Member McNeill to allow to the December 12, 2017 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. Ordinance Amendment OA-05-17 Chapter 4; Buildings and Building Regulations 348 This is a request to hereby amend Chapter 4, Buildings and Building Regulations to add the Non -Residential Building Maintenance Code. The Non -Residential Building Maintenance Code is very similar to the minimum housing code but for all non-residential buildings. It is also commonly referred to as a commercial maintenance code. The code will be used to ensure non- residential buildings are in compliance with current building code standards and the standards list in this ordinance. Attorney Tilghman Pope has reviewed the ordnance as presented. City Manager Neuschafer stated this is an ordinance requested by Council. City staff has done research with other communities that have adopted and enforced the ordnance. This ordinance has been tailored for the City of Dunn. Mayor Harris deferred the above issue until the November 14, 2017 City Council Meeting. Motion unanimously approved. Acceptance of PARTF Grant Contract City Manager Neuschafer noted Council was given an amended amount from the previous information received. There is a requirement to execute the acceptance agreement within 45 days. In April 2017 an application requesting a grant amount of $350,000 to help fund the Tart Park Renovation was submitted to Recreation Resources to be presented to the North Carolina PARTF Authority. On August 25, 2017, the Recreation Department learned that the application was accepted for a partial grant. Soon after the PARTF Authority reached back out to the Recreation Department to inform us that we would be receiving the full $350,000 requested in the application. The overall cost of Phase I is $1,175,000 and acceptance of the grant would cover $350,000 or 29% of the project cost. The City does have three years to complete the project. Motion by Council Member Tumage and seconded by Council Member McLean to approve and accept the contract with the PARTF Authority. Motion unanimously approved. A copy of the contract is incorporated into these minutes as Attachment #8. Temporary Blocking of Streets — Cotton Festival The NC Cotton Festival is requesting that the following street be closed for the 10 Annual Cotton Festival on November 4, 2017. Friday November 3 2017 from 7 00 p.m- until after the festival on November 4 2017 at 8 00 J?.m • Wilson Avenue from Edgerton Street to the Fire Station on Harnett Street Saturday. November 4, 2017 from 6:00 a.m. until 6:00 p.m. • Broad Street from Clinton Avenue to Layton Avenue • Edgerton Street from Clinton Avenue to Fayetteville Avenue • Wilson Avenue from Cumberland Street to the driveway at the Fire Station • Railroad Avenue from Cumberland Street to Harnett Street • Lucknow Avenue to Broad Street • Fayetteville Avenue from Cumberland Street to Edgerton Street • King Avenue from Cumberland Street to Edgerton Street • Layton Avenue from Cumberland Street to Edgerton Street In addition, they also ask for assistance from City personnel (Police, Public Works and Parks and Recreation) and that the street sweeper come through after the event on Saturday. Motion by Council Member Maness and seconded by Council Member Tart to approve the request to block the streets listed above for the 191s Annual Cotton festival. Motion unanimously approved. Temporary Blocking of Streets —Dunn Shrine Parade A request has been received from the Dunn Shrine Club requesting the Closing of W. Broad Street at General Lee Avenue and Broad Street at Elm Avenue from 10:00 a.m. until 12:30 p.m. on Saturday, November 18, 2017 for the Sudan Shrine Parade. Motion made by Council Member Maness and seconded by Council Member Tart to approve the request to block the streets listed above for the Sudan Shrine Parade. Motion unanimously approved. Consideration to Direct City Attorney to Proceed with the Due Diligence Process on — a vacant Lot Located on Martin Street PIN# 1517-03-6687.000 for the Purpose of a Land Donation to the City The City Council is being asked to direct the City Attorney to do due diligence on a vacant lot located on Martin Street — PIN# 1517-03-6687.000 owned by CGW, Inc. CGW, Inc. has offered to donate the lot free and clear of all claims. Motion by Council Member Barfield and seconded by Council Member McLean to direct the City Attorney to proceed with the due diligence process on a vacant lot located on Martin Street PIN# 1517-03-6687.000 owned by CGW, Inc. Motion unanimously approved. ITEM FOR DISCUSSION AND/OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending August 31, 2017: • The City as of August 31, 2017 had $1,895,785 in cash in the General Fund and $2,655,067 in the Water and Sewer Fund. In August 2016 the City had $1,538,095 in the General Fund and $1,984,248 in the Water and Sewer Fund. • Property Tax collections through August were $11,558 or less than 1% of budget. Last year property tax 349 collections through August were $124,395 or 3.37% of budget. • Sales Tax Revenue is $183,130 or 9.51% of budget. Benchmark for the month is 833% of budget. • Utilities Sales Tax is $166,376 or 2239% of budget. Benchmark for this month is 25.00% of budget. • Building Permit Fees were $11,383 or 17.51 % of budget. Benchmark for this month is 16.67% of budget. • Water and Sewer Revenues were $738,087 or 15.54% of budget. Benchmark for this month is 16.67% of budget • Expenditures were 14.80% of budget in the general fund and 13.53% of budget in the water and sewer fund. The benchmark for this period is 16.67% of budget. Motion by Council Member McLean 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 Barfield and seconded by Council Member McLean to accept the Administrative Reports. Motion unanimously approved. City Manager's Report City Manager Neuschafer noted the following: • 12" water main break on E. Bay Street in the 100 block near the railroad tracks, it has taken about 1 %z days to repair Public Works Director Gaster gave a brief update from the Public Works Department. • The leaf vacuum truck is scheduled to run from November In thm January 15' — Please remember to place the leaves behind the curbing to help prevent the storm systems from getting stopped up. Please put small amounts of leaves in the can. Any limbs that will not fit into the can, please make sure they meet the criteria of 5 ft. in length and 5 inches diameter and 75 pounds. Please keep away from fire hydrants and light poles. A copy of the report is incorporated into these minutes as Attachment #9. r3h1►`GIIIQr4T31UWN W The following announcements and/or comments were made. Mayor Harris: ➢ There will be a Special Call Meeting on Tuesday, October 17, 2017 at 7:00 p.m. to review the MeterSys feasibility Study for the Auto Read Meters ➢ "Trick or Treat" times will be observed in the City limits of Dunn on Tuesday, October 31, 2017 from 5:00 p.m. to 8:30 p.m. ➢ The 10 Annual North Carolina Cotton Festival will be held on Saturday, November 0 from 10: 00 a.m. to 4:00 p.m. in Downtown Dunn ➢ Dunn P.A.L traveled to Lakeland, FL to provide community service helping the victims of hurricane Irma and disaster relief ➢ City offices will be closed on Friday, November 10t' in observance of Veterans Day ➢ The Veterans Day service will be held on Sunday, November 12" at 2:00 p.m. at Tyler Park Veterans Memorial ➢ The next regular City Council Meeting is scheduled for Tuesday, November 14, 2017 @ 7:00 p.m. City Manager Neuschafer requested a closed session to consult with the attomey and discuss an employment issue. Motion by Council Member Maness and seconded by Council Member Barfield to go into closed session pursuant to N.C.G.S. § 143- 318.11 to consult with City Attorney and City Manager regarding personnel matters. Motion unanimously approved. Motion by Council Member Tart and seconded by Council Member McNeill to adjourn the meeting at 8:48 p.m. Motion unanimously approved. Oscar N. Harris Mayor Attest: "Jennifer M. Fortin)CMC �ity Clerk