365  Dunn City Council Regular Meeting Tuesday, March 26, 2024 6:30 p.m., Dunn Municipall Building  Minutes  PRESENT: Mayor William P. Elmore Jr., Mayor Pro Tem J. Wesley Sills, Council Members Raquel Also present: City Manager Steven Neuschafer, Assistant City Manager Billy R. Godwin, Finance Director Cary McNallan, Chief of Police Cary Jackson, Planning Director George Adler, Parks and Recreation Director Brian. McNeill, Human Resources Director Connie Jernigan, Collections and Distribution Manager Billy Cottle, Water Plant Manager Ian. Stroud, Wastewater Plant Manager Donrie Dukes, Administrative Support Specialist Amber Mayor Elmore opened the meeting at 6:30 p.m. and Rev. Floyd Ray with Mt. Zion Missionary Baptist gavet thei invocation. Afterwards, Council Member McNeill ledi int thel Pledge of Allegiance. Motion by Council Member Bradham and second by Council Member Gaulden to adopt the March 26, 2024 The Public Comment Period was opened by Mayor Elmore at 6.34 p.m. Having no comments, the Public  McNeil,April Gaulden, Billy N.Tart, Alanl Hargis, and Dr. DavidL. Bradham.  Groves, City Attorney Tilghman Pope, and City Clerk Tammy Williams.  CALLTOO ORDER ANDI INVOCATION AGENDA ADJUSTMENT AND APPROVAL PUBLICCOMMENTPEROD Comment period was closed. CONSENTI ITEMS  Church  meetinga agenda as presented. Motion unanimously: approved.  Minutes oft the) January 22, 2024 City Council Meeting. Minutes oft the February9-10,2024 City Council Planning Retreat Meeting. Minutes is incorporatedi into these minutes as attachment #1. Temporary Blockingo of Streets- -Tourism Community Nights Temporary Blocking of Streets Broad Street Run Temporary Blocking of Streets Lucknow Music Festival  FY1 16/20 CDBG-I Sewer ehalilanto/ephacement Amendment Public Hearing Minutes. A copy of the Approval for 2025/2026 Budget Planning Retreat for February 7 and 8, 2025 at the Lumina on Capital Project Ordinance - Lead and Copper Services Assessment Project. A copy of the Ordinance (02024-02), Resolution (R2024-12) and Budget Amendment (BA2024-14) are incorporated into these Lead and Copper Services Assessment Project Authorization to! Negotiate Contract Budget Amendments to Close out Project Funds - A copy of Budget Amendment (BA2024-15) is Capital Project Ordinance Tart Park Improvements Project. A copy of the Ordinance (02024-03) and Budget Amendment (BA2024-16) arei incorporated into these minutes as attachment #4. Resolution Declaring Certain Property Surplus and Authorizing Disposition. A copy of the Ordinance Motion by Council Member Hargis and second by Council Member McNeil to approve all consent items. Ordinance tol Extend Corporate Limits, Voluntary Annexation Petition ANX-01-24, Room' To Go Mayor Elmore opened thel Public Hearing at 6:37 p.m. City Manager Neuschafer presented for consideration toe extend the corporate limits oft the City of Dunn by the voluntary non-contiguous annexation of 19.765+/- acres contained within PIN# 1526-45-4121.0001 located on NC55 E, Dunn. Resolution directing the Clerkt to investigate the voluntary Annexation Petition ANX-01-24 wasa adopted att the February 20 meeting. The Clerk certified thes sufficiency oft the petition and the Resolution: fixingt the date oft thel Public Hearing was adopted at the March 12 meeting. Thel Public Hearing was published onl March 15i in' The Daily Record and posted ont the Motion by Council Member Gaulden and second by Councill Member Tart toa adopt the ordinance to extend the corporate limits of the City of Dunn: as requested and to assign property to ward three effective March 26, 2024. Motion unanimously approved., A copy oft the Ordinance (02024-04)isi incorporated into these minutes Mayor Elmore opened the Public Hearing at 6:39 p.m. Skip Green presented that on April 16, 2024, the State will perform its monitoring review of the City's Small Cities Community Development Block Grant - Neighborhood Revitalization (CDBG-NR) project. The CDBG program requires a' "Close-out" Public Hearing to enable citizens to comment ont the program. This public! hearingi isl being! held tor meet this requirement. The City of Dunn has completed all Small Cities Community Development Block (CDBG) activities on its  Wrightsville Beach.  minutes as attachment: #2.  incorporated intot these minutes as attachment #3.  (R2024-13)i is incorporated into these minutes as attachment: #5..  Motion unanimously approved. ITEMSI FORI DISCUSSION. AND/ORI DECISION  principall bulletin board, asr required.  as attachment: #6.  PUBLICHEARING- CDBG-NR Close-out  $574,000 Northeast Community Neighborhood Revitalization: Project.    366  Projecta accomplishments follow.  Demolition: and Clearance: Demolished. and cleareda al house asa aj parto ofr reconstruction. activity.  Rehabilitation: Rehabilitated: seven) houses. With no comments, the Public Hearing was closed.  Reconstruction: Reconstructed (newc construction) demolished! house. FY16/20 CDBG-ISewer Rehahlaubo/ephacement Amendment Resolution  City Manager Neuschafer presented a Resolution to authorize an amendment to the CDBG-I Sewer elabilisato/ephacement Infrastructure Project (20-1-3606) as presented at the Public Hearing held on Motion by Mayor Pro Tem Sills and: second by Council Member Gaulden to adopt the Resolution to authorize the: amendment tot the CDBG-I Sewer Rehab project as presented. Motion unanimously approved. A City Manager Neuschafer presented updated CDBG compliance plans for the City's 2016/2020 Community Development Block Grant Infrastructure (CDBG-I) Program. The City was awarded a CDBG-I grant from NC Department of Environmental Quality (DEQ) Division of Water Infrastructure (DWI) in April 2021.The CDBG Program! Manual was adopted in! November 2021, containingi initial compliance plans andj policies designed to meetr requirements for participationi int the CDBG-Iprogram.: Selected updated compliance was adopted March Motion by Council Member Bradham and second by Council Member McNeil to adopt the Resolutions and Procurement Policy and Plan as presented. Motion unanimously approved. A copy of the Resolutions (R2024-15) and (R2024-16) are incorporated into these minutes as attachment #8. The updated Procurement Tentative. Award to Contractor for CDBG-I Sewer Rehab/Replacement Project City Manager Neuschafer presented a request to tentatively award the CDBG-I Sewer Relalaton/Pepisement project 16-1-3156 and 20-1-3606 to T2 Contracting Inc for the total negotiated bida amount of$1,415,334." The contract award also must! be approved by the funding: agency. Motion by Council Member Gaulden and second by Council Member Hargis to adopt the Resolution to tentatively award the contract for CDBG-I project to T2 Contracting as presented. Motion unanimously approved. A copy oft thel Resolution (R2024-17)isi incorporated into these minutes as attachment #9. CZ-03-23: Conditional Zoning for oney parcel 5.47 acres +/-1 fronting Susan Tartl Rd Planning Director Adler presented a request to conditionally rezone one wooded parcel 5.47 acres +/- fronting Susan' Tart Road, east of Tilghman Drive. The property is currently zoned 0&1, Office & Institutional District and is proposed to be rezoned to MXU CZD, Mixed-Use Conditional Zoning District for a limited number of uses permitted in MXU toi include up to 35 residential townhomes. At their September 26, 2023 meeting, the Planning Board reviewed the request tor rezone this undeveloped parcel from 0&I to Mixed-Use CZD toj permit medical offices space, not to exceed 20,000 square feet and up to 35 townhomes. The Planning Board voted to table this request to give the applicant time to revise the site plan in more detail and for Planning staff tor researchl how other jurisdictions process mixed-use rezoning. Att the November 28 Planning Board meeting, Samantha Wullenwaber from Mid-Carolina Council of Governments (MCCOG) spoke to the Board about! how other municipalities approach conditional rezonings and: answered questions. On November 28, the applicant provided a revised application to the Planning Board. The revision had no Master Plan. Per UDO Section 3.101 B., the applicant requested only 27 oft the! 56 uses generally permitted in MXU tol be allowedi in the rezoned MXU Conditional parcel, limiting the number of townhouses to no more. than 35 units. The Planning Board unanimously recommended adoption of the revised conditional zoning request top permit the limited uses requested byt the applicant inl his letter datedI November 20, 2023, with the following conditions: 1) That this be a self-contained site, i.e., no stub streets; 2)That storm water management be installed to handle maximum build out of the entire site; and 3)That the uses on staff's The applicant agreed to these conditions. The Public Hearing and Decision was tabled until the January meeting. Inclement weather on] January 9 caused the meeting tol be cancelled and postponed until January 22. At their January 22 meeting, the City Council moved to continue the case to the February 20 meeting to provide Council members the opportunity to consider the pros and cons of the uses requested for that area andi remove: some oft the uses. Att the February 201 meeting, the Council moved to continue the case again att the After much discussion with the property owner, Ben Stout, motion by Mayor Pro Tem Sills and second by Council Member Gaulden toa approve CZ-03-23, as presented with three conditions asf follows: 2. Thats storm water management bei installed tol handler maximum build out oft the entire: site; and 3. That thef following four uses: 1- Townhomes nott toe exceed 35, 2-1 Restaurants, 3- Medical Clinics, 4- Banksa and Financial Institutions bet the only usest tob bej permitted. Motion unanimously approved.  March 12,2024.  thel Resolution (R2024-14) is incorporated into these minutes as attachment: #7.  copy of  CDBG-IProcurement Compliance Pan  2022.  Policy) has been filedi with the City Clerk.  Attachment 9bet the only usest tob bej permitted.  request oft the owner/applicant until thel March: 261 meeting. 1. Thatt this beas self-contained: site, i.e., nos stub: streets;    367  Avery Chase Subdivision' Phase 1:F Finall Plat and Right-of-Way! Dedication  Planning Director Adler presenteda a request to approve the Final Plat and accept the right-of-way dedication for Phase 1oft the Avery Chase Subdivision. Avery Chase isar major subdivision of 22 acres +/- bordered by Bruce Drive, Susan Tart Road, and Averasboro Road. The subdivision, once complete, willl have 103 single- family detached homes, with four newly named streets, a pickleball court, playground, and natural area. Development is divided into three phases. The City Council approved the Conditional Rezoning on March 8, This Final Plat is for Phase 1, with 35 individual lots, the pickle ball court, playground, and mail kiosk. All underground utilities are installed--water, sanitary sewer, and stormwater system, including engineered retention pond. Brucel Drivei is paved and extended to Susan Tartl Road with a new curb and gutter. Street and traffic control signs are either installed or ordered with a commitment by the developer to install once received. Courtside Drive, a new internal street, has been paved, witha a new curb and gutter up tol lot 102 on the easts side: and lot 33 ont the west side. Sidewalks havel been poured on the east side of Courtside from Lot 103 south along the pickle ball court, mail kiosk, and playground and around the corners where Courtside intersects with Bruce. The remaining linear feet of sidewalk not yet poured has been guaranteed with an engineer'ss stamped coste estimate and: a Performance Bond. Streetlights havel been installed. The Technical Review Committee has conducted: site visits, documented reviews, and informed the developer ofi items needing correction. The developer has either completed those corrections or is in the process of Zack Angle, the developer, was ina attendance and shared construction entrance is on Susan" Tart Rd. Council Member Bradham expressed concerns with the neighborhood street damages. City Manager Neuschafer shared therei is a warranty on the road and emphasized that heavy equipment should use the construction Motion by Mayor Pro Tem Sills and second by Council Member Gaulden to approve the Final Plat and accept right-of-way dedication for Avery Chase Subdivision Phase 1,as presented. Motion unanimously approved. Chief) Jackson presented ana amendment tot the SRO. Agreement, which provides fora a $5,000 bonus tol be paid to each SRO at Harnett Primary and Wayne Avenue Elementary School this fiscal year. Harnett County will Motion by Council Member McNeil and second by Council Member Hargis to approve the SRO Agreement Amendment for Elementary andl Primary Schools asp presented. Motion unanimously: approved. Acceptance ofF Fall 2022 Stormwater AIA WI Pearsalls St Culvert Project No. SRP-SW-ARP-0030 City Manager Neuschafer presented for approval the Offer and Acceptance from the NC Department of Environmental Quality Division of Water Infrastructure for ARPA funds designated for the LASII West Pearsall St Stormwater Culvert Project. Project SRP-SW-ARP-0030. LASII ARPA Funding was awarded in the Motion by Council Member Bradham and second by Council Member Hargis to adopt the capital project ordinance amendment, resolution making the applicable assurances contained therein, and accepting the LASII ARPAI Funding offer of $490,340 for LASII West Pearsall St Stormwater Culvert. Motion unanimously approved. A copy of thel Resolution (R2024-18) and Ordinance (02024-05) arei incorporatedi into these minutes City Manager Neuschafer presented amendment changes to the Eastside South Forcemain project into the Eastside Pump Station and Equalization tank project as already approved and funded by USDA. These Motion by! Mayor Pro Tem Sills and second by Council Member Tart toa approve the amended SOCwith thel NC Department of Environmental Quality as presented and authorizing City Manager Neuschafer to execute the amended order. Motion unanimously approved. A copy of the SOC is incorporated into these minutes as City Manager Neuschafer presented an engineering agreement with WithersRavenel for the Eastside Pump Station project for approval. The City has been waiting for the SOC amendment to authorize this project to begin, including the agreement for engineering services. Engineering services ($1,314,500) are included in Motion by Mayor Pro Tem Sills and second by Council Member Hargis to authorize City Manager Neuschafer toe execute thea agreement once review by the City Attorney is complete. Motion unanimously approved. Attorney Service Agreement - Condemnation' for Easement. Acguistion/sOCRelated Projects Assistant City Manager Godwin presented for approval to retain the law firm of Yarborough, Winters, & Neville, PA, to represent the City in condemnation proceedings to acquire utility easements needed in  2022. Thel Planning Boarda approved thel Preliminary Plat) June 28, 2022.  doings SO. entrance.  SRO Agreement. Amendment  reimburse the payment oft this bonus agreement.  amount of$ $490,340.  as attachment #10.  Special Order by Consent Amendment (SOC)  projects were: awardeda ag grantof$3.5M: andl loan $8.626M combination: from the USDA.  Attachment: #11.  Engineering Agreement for Eastside Pump Station Improvements  the$ $12,126,000 USDA project granta andl loan.  furtherance oft twoy projects required under the SOC.    368  These SOC projects underway are the Machine & Welding Outfall project andt the Black River WWTP Effluent Conveyance System Project. Both projects require easements over private property. Most easements have been obtained through successful negotiations with thel landowners however, there are several parcels where negotiations have been unsuccessful resulting in the likelihood that condemnation under the City's eminent The Fayetteville law firm of Yarborough, Winters, & Neville, PA, has vast experience representing North Carolina local governments in condemnation proceedings and has agreed to represent the in any projects. The firm's hourly ratet tor represent the City would be $300.00 per hour with travelt time billeda at % thel hourly rate plus mileage att the standard IRS rate. The expenses related to theses services will be charged to the two projects noted above and funded with any eligible grant funding or Water and Sewer Fund Motion by Mayor Pro" Tem Sills and: second by Council Member Tart to approve the terms oft the engagement letter to retain the law firm of Yarborough, Winters, & Neville, PA, to represent the of Dunn in Black River WWTPI Effluent Conveyance System Project. Motion unanimously approved. City Manager Neuschafer shared that there are a lot of cities that have received infrastructure funding so there willl be al lot of bids outt there. Updated goals will be presented att the next work session with dates and Finance Director McNallan provided the following financial report for thej period ending January31, 2024: The City has $11,839,455 cash, compared to $14,260,125 last year. The decrease is primarily due to unreimbursed, grant/loan proceeds for capital watera ands sewer projects. Property" Taxes collected for Januaryt total $1,181,478, compared to$ $1,030,771 lasty year. Sales' Taxi receipts were $303,181, $52,449 more than lasty year, with total collected to-date of$1,477,852 Utilities Sales" Taxes received for they yeara are $194,989, compared to $185,812 last year. Building Permit Fees collected total $103,144 or 64% oft the budget compared tot the total collected last McNallan then showed comparison reports showing actual to budget for revenues and expenditures alongy with comparison tol lasty year's. Current Revenues: Generall Fund ate 69%, Water and Sewer: at 60.3% and Stormwater at 88.2%. Expenditures: General Fund at 61.4%, Water and Sewer at 51.8% and Reports were. also received as follows: Communications Report, Planning and Inspections Report, Public  domain authority may! ber necessary toa acquire thosee easements.  condemnation reserves. condemnation Administrative Reports estimated costs fore each goal.  City  proceedings required to acquire the utility easements needed in furtherance of these two  City  proceedings to acquire easements inf furtherance ofN Machine & Welding Outfall project and the  or4 47.7% of budget. yeard of$94,811.  Thel benchmark for this periodi is6 66.7% oft the budget.  Stormwater at 39.7%. He also updated on debt service and liens and assessments. Works Report, Public Utilities Report, Parks and Recreation Report and Police Report.  Ampuncememsy/Mfommaton  Mayor Elmore announced upcoming events and activities. toa adjourn the meeting at 8:11 p.m. Motion unanimously approved.  With not further business to discuss, motion by Mayor Pro Tem Sills and second by Council Member Hargis  a  COTY CORPORATE TICAR  Attest: Williams, numul Tammy City Clerk  e  iark SEAL  EMC,NCCMC