360  Dunn City Council Work Session Tuesday, March 12,2024 6:30 p.m., Dunn) Municipall Building  Minutes  PRESENT: Mayor William P. Elmore Jr., Mayor Pro Tem J. Wesley Sills, Council Members Raquel McNeil,A April Gaulden, Alan Hargis, andI Dr. DavidL L. Bradham. ABSENT: Councill Member Billy N.Tart Also present: City Manager Steven Neuschafer, Assistant City Manager Billy R. Godwin, Planning Director George Adler, Administrative Support Specialist Amber Groves, City Attorney Tilghman Pope, and City Clerk Tammy Mayor Elmore opened the meeting at 6:30 p.m. and shared that Council Member Tart was out sick. Council Member Bradham gavet thei invocation andl Mayor Pro Tem Sills ledi int the Pledge of Allegiance. Motion by Council Member Bradham and second by Council Member Gaulden to adopt the March 12, 2024 PUBLICHEARING- FY16/20 CDBG-ISewer Rehaliltasw/ephacement Project Amendment Mayor Elmore opened the Public Hearing: at 6:32 p.m. and introduced Project Manager Monica Chevalier with Monica Chevalier spoke about the FY2016/2020 Community Development Block Grant Infrastructure (CDBG-I) grant amendment. The purpose of the public hearing is to explain proposed scope changes, with Ins summary, the City was awarded $1,999,129 million in CDBG-I funds from the North Carolina Department of Environmental Quality (DEQ) Division of Water Infrastructure (DWI) to rehabilitate/replace approximately 13,625 LF of aged/deteriorated. sewer line. After four rounds of advertising for construction bids for 8,8061 LF, the project scope wasi negotiated with thel lowesti responsive responsible bidder. Due tol bid prices received, the Amendment project construction: scope will be reduced downt tor rehabilitation ofa approx. 2,717 LF of 6-12" diameter sewer line, rehabilitation of approx. 36 manholes, replacement of approx. 43 sewer service reconnections and approx. 1,515 4" sewer laterals, addressing segments by ranked percent serving low- and moderate-income (LMI) residential areas. Specifically, the project area includes portions of WE Barrington, EJ Johnson, EI Harnett, McNeil, and Culbreth streets, including all manholes presented in the base bid. Mucho oft the areas served is near the public housing authority. The project will continue tol benefita at least 51%1 LMI households, and therefore, 100% oft the CDBGf funds willl be used tob benefit LMI persons. "The purpose oft this Memo is tos summarize the CDBG-I Program Amendment, for the City's FY16/20 Community Development Block Grant Infrastructure (CDBG-I) Program, being presented for adoption at the City Council meeting. The purpose of the public hearing ist to clarify the project area for the project and allow residents an opportunity toe express their viewsf for the CDBG-IGrant; #20-1-3606; Sewer Rehab/Replacement InA April 2021, the City was awarded a total of$1,999,129i in U.S. Department ofH Housing and Urban Development (HUD) CDBG-I funds (1009 oftotal project costs) from NC Department of Environmental Quality (DEQ) Division ofv Waterl Infrastructure (DWI). The Original approved project scope included CCTVi investigation ands subsequent rehalato/replucement ofapproximately 13,625 linear feet ofa aged/deteriorated: sewer line and manholesin the areas of Wi Barrington, N Fayetteville, N King, N Layton, N McKay, N Railroad, N Wilson, Burke, E Carr, Caswell, E Cleveland, N Clinton, Dubois, E Granville, EJ Johnston, Moore, Lincoln, N Magnolia, E Townsend, E Broad, EE Edgerton, E Harnett, Clayton, ES Surles, NI Lee, NS Sampson, W Washington, WI Wilmington, McNeil, and Culbreth streets. Construction base bidding included rehahlitanto/eplacement of approx. 8,806 LF of 6-12" diameter gravity sewer line and approximately 37 manholes, replacement of approx 147 sewer service reconnections, and replacement ofa approx 5154LFof4'sewers service laterals, with. 13bid alternates within the After four rounds of advertising for construction bids; the project scope was negotiated with the lowest responsive responsible bidder. Due to bid prices received, the Amendment project construction scope will be reduced down to rehabilitation ofapprox. 2717LPo/612dlumetr: sewer line (311 LF0/6,2075LF0f8), and 331LF of 12"), rehabilitation of approx. 36 manholes, and replacement of approx. 43 sewer service reconnections and approx. 1,505 LFof 4" sewer laterals, addressing segments by ranked percent serving low- The project occurs in the following areas:. 3081 WI Barrington. St, 1008-1102. N Fayetteville Ave, 1009-1010N. King Ave, 209-4101 Burke St, 310-601 ECarr St, 105-112 Caswell. St, 507-603 N Clinton Ave, 402-670EJ Johnson St, 700 Lincoln St, 504-700 NI Magnolia Ave, 310-605 E7 Townsend St, 510-1007 EI Harnett. St, Clayton. St, ESurles St, 213 NI Lee Ave, N Sampson Ave, 210 N Washington Ave, 213 N Wilmington Ave, 301-404 McNeil Cir, 1000-1019 Culbreth. St. Specifically, linework iso occurring onp portions ofl WI Barrington: St (between NI Fayetteville. St and! N  Williams.  CALLTO ORDER ANDI INVOCATION AGENDA ADJUSTMENT. AND APPROVAL meeting agenda as presented. Motion unanimously approved. ITEMSI FORI DISCUSSION. AND/OR DECISION WithersRavenel fort thej public hearing. discussion: afterwards.  Chevalier reada aloudt the memorandum from the Grant Administrator asf follows:  original project ared.  andi moderate-income, (LMI) residential areas.    361  Railroad. St), EJ Johnson. St (between NI Magnolia Ave and E Townsend. St), EH Harnett St (between N Sampson Ave andi McNeil Cir), and McNeil Cir and Culbreth. streets (including the public housing authority). All manholes from Thel base bids and alternate bids received were more than the available CDBG budget. Tor reduce the construction scope,) first all the alternate bids were removed) from consideration. Then, project area: segments to bec addressed were selected by ranking the estimated low-moderate income (LMI) percentage per sewer line segment. The ranking is based ons street view ofL LMI households, the same methodology used for the grant application during thel height ofo COVID-19tol bee eligible for area- wide LMI benefit. The project must benefit as many LMI households as possiblet tor meet national CDBG requirements. Alls sewer segments servingi non.M/pon-residemtial. areas were removed from thes scope. The: segments witht thel loweste estimated LMI percentage benefit were removed from the project scope until the CDBG budget was met. The project's area-wide percentage of 52.52% LMI remains the same. Thep project area has aj population that is atl least 51% LMI, and therefore, 100% oft the CDBG funds willl be used to benefit LMI persons. The attached maps show the alternate bid area, the base bid area, and the final The total project budget remains unchanged at $1,999,129. The original determination of no adverse impact to the environment: isr retained. This project willl bel like- for-liker replacement of lines with noi increase inc capacity. The City does not discriminate based on race, color, religion, sex, national origin, handicap, age, familial status, int thec admission, access to, treatment ore employment in the CDBG! program and activities. Efforts willl be madet to minimize displacement during project implementation and applicable utility easements, and displacement assistance as necessary will bec available. Persons with disabilities, limited English proficiency, or who otherwise require. special accommodations should contact the City at 910-230-3500, TDD: 800-735-2962 (Relay Service at Comments were tol be postmarked: no later than Friday, March 15, 2024, with a written response made within 10 business days. The project amendment package will be submitted to DWI within approx. two weeks after all required CDBG forms are executed. Publicg grant documents are available at City Hall upon request, between the hours of 9:00 AM and 4:00 PM. AlL City Hall visitors are to comply with federal, state, and local coronavirus  thel base bidi remain int the project! for rehabilitation.  reduced construction: scope.  711).  guidelines. For additional information ort tos submit written comments, please contact:  Steve Neuschafer, City Manager; meuschaeredum-ncon Tammy Williams, City Clerk; willamsedumm-ncor (Mailing) POE Box 1065 Dunn, NC28335 (Physical) 401 EBroad Street, Dunn, NC 28334 PH: 910-230-3500 /TDD: 800-735-2962 (Relay Service 711) Thisi information is available in Spanish or any other! language upon request. Elmore closedt the Public Hearing, with no objections. RZ-01-24, Rooms' To Gol Rezoning Request, NC55E  Mayor Elmore opened the meeting for discussion. With no discussion from Council or the public, Mayor Mayor Elmore opened thel Public Hearing at 6:42 p.m. Planning Director Adler presented a request to rezone one parcel 19.76a acres +/- adjacent to the rear oft the Rooms To Gol Distribution Center, with access to! NC55 East. Thej property is currently: zoned RA-40, Residential-Agriaulural District and is proposed to be rezoned tol-100, Industrial Zoning District. This parcel isa adjacent tot the rear oft the Rooms To Gol Distribution Center on Rooms To Go Way. Thel Parcel has been owned! by RTG since the Distribution Center was built in 2014.The parcel is requested to be rezoned to 1-100, the same zoning oft the Distribution Center, for the purposes of expanding the Distribution Center. The current structure is 1.4 million square feet. The expansion will add RTG notifieda adjacent property owners ofar neighborhood meeting and held the meeting int the RTG training Center on! November 19. Several property owners were in: attendance. Several of thes same property owners sharedt that RTG was a very good neighbor, but concerns were expressed about additional stormwater that coulde exacerbate: floodingo duringr major raine events. The RTGI land planning consultant: said that RTG would go The Planning Board, at their regular meeting on February 27, heard presentations from staff and RTG. After much discussion, thel Planning Board voted unanimously tor recommend approval oft this rezoning request. 1- The amendment, ifs small scale, is reasonable based upon surrounding conditions: Based on the location and surrounding conditions, rezoning the parcel from RA-40, Residential/Agriculural District to I-100 Industrial District would be reasonable. It would provide the opportunity for an important employment center to expand and add more jobs. The impact on the adjoining sparsely populated properties will be 2-1 The impact to the adjacent property owners and the surrounding community is reasonable, and the benefits of rezoning outweigh any potential inconvenience or harm to the community: The impact of this rezoning will create some inconvenience for adjoining homeowners during construction. Best practices during construction will be followed to limit that inconvenience. Landscaping, buffering, and required setbacks will mitigate longer term impacts. The benefits to the community of rezoning will outweigh the 3-The amendment is warranted due to changed or changing conditions in the area: Rezoning this parcel tol I- 100 would permit expansion and job creation ofa ani important employment center in an area that the Future Land Use Plani identifies for that purpose. The amendment is warranted due tot the changing conditions int the  336,000: square feet ofv warehousing: space.  beyond whatt the: state legally required tol handle: stormwater runoff.  mitigated: as! best asp possible by setbacks and buffering.  potential temporary or longer-term: inconveniences toi immediate property owners.    362  area. NC Department of Environmental Quality (DEQ) approvals are required for erosion control and stormwater management) plans. NC Department of Transportation (DOT) approval ist required for any change 4- The amendment: achieves the purpose and is consistent with the Land Use Plan: The Future Land Use Map includes this parcel int the Office & Industry Character Area, which encourages office, industrial, and economic development opportunities. The rezoning would allow ane existing distribution center facinga a highly traveled interstate highway to expand. The road access from the rear of the complex will be used primarily during construction, after which ity willl be gated. Setbacks and various forms of buffering wills separate the expansion from residential neighboring properties. This rezoning would be consistent with the Future Land Use Plan Staff concludes that rezoning this parcel to 1-100 would achieve. the purpose and be consistent with the Brandon Moore with' The Site Group shared that they have been working on stormwater. solutions. He: added that al large part of this issue is not related to RTG but 195 and drain off to McLamb's pond due to other growth. Most of the problems are due to many years of neglect of the stream. He shared that they have reached out tos gather information and study on! how thes stream can be repaired. DOT culverta at NC551 has not hada any repairs or upgrades since the 1930's and DOT feels itis working properly. This needs tol be addedt to the 5-year plan ifiti isa priority for the Council. There is not a significant amount oft this drainage from RTG. Hef felt thej ponds were: adequate and thati it was the stream and culvert that needed tol be repaired. Bryce Woodell spoke about his concerns with the stormwater runoff: affecting his property and eventually Peter Wiezner from RTG said they did not know about the neighbors until recently. He said they cannot commit to any further investigation. Experts say that RTG is not a major contributor to the flooding issue. Without the rezoning tonight, the expansion probably will not happen at all due toi incentive/grant in place. After much discussion, motion by Council Member Bradham and second by Council Member Gaulden to approve RZ-01-24, to rezone one parcel, PIN being 1526-45-4121.000, at NC 55 East, from RA-40, Residental-Agriculural District tol 1-100, Industrial District, as presented. Motion approved with Mayor CZ-01-24,1105 Erwin Rd, DeAngelo Jackson, Walkl byl Faith Conditional Zoning Request Mayor Elmore opened thel Publicl Hearinga at 7:29 p.m. Planning Director Adler presented a request to rezone one parcel 0.9-acres +/- at 1105 Erwin Road. The property is currently zoned 0&1, Office & Institutional District andi is proposed tol ber rezoned tol MXU CZD, Mixed-Use Conditional Zoning District to permit only the following uses: Family Care Home (6 or fewer residents); Outside Sales; Personal Care Services; and This parcel is adjacent to 1107 Erwin Road, where Walk By Faith operates an adult day care for elderly or disabled persons. This service provides respite for their care givers. The request for the conditional rezoning at1 1105 Erwin Road will allow Walk By Faith to expand their services and provide 24/7 care for up to six elderly/disabled residents. Al live-in care giver will reside at the address. The other uses requested in this Conditional: Zoning application: are uses that support the primary use ofal Family Care Home for: six or fewer The Planning Board, at their regular meeting on February 27, heard presentations from staff and DeAngelo Jackson, Walk By Faith business owner. The Planning Board voted unanimously to recommend approval of 1-7 The amendment, ifs small scale, is reasonable based upon surrounding conditions: Rezoning from 0&1, Office & Institutional tol MXU, Mixed Use Conditional Zoning District (CZD) proposed for this parcel willl limit ther number of permitted usesi inN Mixed-use as one oft the conditions proposed by the owner. The rezoning will permit ai family care home (60 or fewer residents) inap pre-existing residential: structure with: aj paved driveway already inp place. The only immediate change tot the parcel will be the installation oft three parking spaces at thel back oft thel house. This amendment willl bes small scale and reasonable based ons surrounding conditions. 2-1 The impact to the adjacent property owners and the surrounding community is reasonable, and the benefits of rezoning outweigh any potential inconvenience or harm to the community: The impact on the surrounding property owners would be reasonable. The applicant runs an adult daycare out of the adjacent property to the west, and this is an extension of his business. The subject property had been used as a residence previously, so theres should bel limited impact on neighbors. The benefits of the conditional zoning 3-1 The amendment is warranted due to changed. or changing conditions in the. area: The amendment is warranted due to growth. The conditional: zoning application shows the site plan proposed and the only uses that will be permitted in the future: the proposed family care home (6 or fewer residents), Outside Sales, Personal Care Services, and Temporary Shelter (emergencies). These limitations allow commercial activity 4-The amendment: achieves the purpose and is consistent with the Land Usel Plan: The Future Land Use Map identifies this site as a Hospital District. Converting a residential structure into a commercial use, while  tot thea accesst tot thes sitef from! NC5 55, as state road.  andI Map. Futurel Land Use Plan.  causingf flooding of! his property.  Withi nof further discussion, thel Public Hearing was closed.  Pro Tem Sills opposed.  Temporary: Shelter (emergencies).  residents.  this conditional: zoningi request.  proposed are expectedt too outweigh any inconveniences the rezoning may cause.  while limitingi itsi impact ont ther residential neighborhood ofv whichitisap part. limitingt ther number ofp permitted future uses, conforms tot this character area.    363  Staff concludes that this Conditional Rezoning to MXU Conditional Zoning District (CZD) at this location on D'Angelo Jackson, owner of the business, spoke on behalf of the business in favor of the rezoning. He confirmed their facility isi inspected by the county and the state. He: stated that temporary housing was not required, justs something that he thought would be a nice addition. He confirmed that the property owner is aware of the rezoning and his signature is on the application. He also shared that he chose outside sales thinking about the residents having yards sales and that personal care was so if someone wanted to have After much discussion with concerns on the temporary housing and outside sales, along with concerns about the property owner's agreement, motion by Council Member Hargis and second by Mayor Pro Tem Sills to table until the Regular April Meeting with the modified statement from the property owner. Motion Mayor Elmore opened the Public Hearing at 7:58 p.m. Planning Director Ader presented a request to Conditionally Rezone four parcels totaling 5.6-acres +/- at 2050 West Cumberland Street." Three of the parcels are currently zoned I-10, Industrial District and one parcel is zoned C-3, Highway Commercial District." The request is to conditionally rezone all four parcels to C-3 CZD, Highway Commercial Conditional Zoning District, to permit only the following uses: (1) restaurant, (2) professional office, (3) bank/financial institution, (4) drive-thru/drive-in! facility (principle or accessory), and (5) general commercial. The four parcels the applicant is requesting tor rezone arel located on West Cumberland between North! Powell Avenue and the Belk's Shopping Center. The requested rezoning will unifyt the: zoning oft the four parcels and limit the number of probable future uses. One of the parcels (2050 W. Cumberland) has a concept site plan buta all future developments will use thes same driveway from) West Cumberland that currentlye exists.. Accessi is also available from the private access easement: alongt the northa and west side oft the parcels. The Planning Board, at their regular meeting on February 27, heard presentations from staff and Attorney Dwight Snow, representing the owner. The Planning Board voted unanimously to recommend approval of this conditional: zoningr request, with the additional conditions: toj permit only one driveway access from West Cumberland Street, no new driveway access from North Powell Avenue, and to design all four parcels asa 1- The amendment, ifs small scale, is reasonable based upon surrounding conditions: Rezoning these four parcels, totaling approximately 5.61-acres, from a mix ofl I-10, industrial: and C-3, highway commercial to C-3 CZD limiting use to only five of the 50+ uses allowed in C-3, would be reasonable based on surrounding 2-1 The impact to the adjacent property owners and the surrounding community is reasonable, and the benefits of rezoning outweigh any potential inconvenience or harm to the community: The impact of the rezoning on adjacent property owners and businesses willl be reasonable. It will bringt the zoning and future use oft these parcels more inc conformity with the surroundings. The benefits to the community oft the rezoning 3-1 The amendment is warranted due to changed or changing conditions in the area: The amendment is warranted because the existing zoning is a holdover from previous times and the proposed zoning would 4-The amendment: achieves thej purpose and is consistent with the Land Use Plan: The Future Land Use Map identifies this area as a Highway Commercial Character. Area. Changing the industrial zoning to C-3 Highway Commercial CZD would unify the zoning of the different parcels consistent with the Future Land Use Map. This amendment: achieves thej purpose: andi is consistent with both the Land Use Mapa and the Future Land Use Plan's Recommendation for General Land Use, Policy 2.3: "Strengthen Dunn's identity and enhance its character by encouraging high-quality design throughout the City." This rezoning also reinforces the Imagine Based on the reasoning and facts referenced above, staff concludes that the zoning amendment requested would conform and be consistent with the Future Land Use Plan and Map and the Imagine Dunn Strategic Vision Plan by encouraging business growth and well-designed commercial development ina ana areai identified Dwight Snow, Attorney representing the Four W's spoke in favor oft the request. Lauren Wellons confirmed Motion by! Mayor Pro' Tem Sills and second by Council Member Bradham to approve CZ-02-24,to1 rezone four parcels, PINS being 1507-91-4820.000; 1507-91-6743.000; 1507-91-7858.000; and 1507-91-7577.000 from I-10, Industrial: and C-31 Highway Commercial to C-3CZD, Highway Commercial Conditional Zoning District, to permit only the following uses: restaurant, professional office, bank/financial institution, drive-thru/drive-in facility (principle ora accessory), and general commercial, with conditions toj permit only one driveway access from West Cumberland Street, no new driveway access from North Powell Avenue, and to design all four  Erwin) Road conforms andi is consistent with the! Futurel Land Use Plan.  someone: stay with their family member whiles stayingt there.  unanimously approved.  CZ-02-24, 2050 Cumberland, Four W's Incl. Conditional Zoning Request  single development conditions.  will outweigh anyi inconvenience that results fromi it, sucha asi increased traffic.  better fitt the conditions oft thea area.  Dunn Strategic Vision Plan Planning for Growth strategy.  fors such development.  thatt there willl bes stormwater remediation.  parcelsa asas single development, as presented. Motion unanimously approved.    364  Voluntary Annexation! Petition. ANX-01-24, Rooms To Gol Distribution Company LLC  City Manager Neuschafer presented: a resolution fixingt the date for a Public Hearing to consider the voluntary non-contiguous annexation petition ANX-01-24. The Council adopted a Resolution Directing the Clerk to Investigate the Voluntary Annexation at the February Council meeting and the Certificate of Sufficiency is Motion by Council Member Bradham ands second by Council Member Hargis to adopt the Resolution Fixing thel Date oft the Public Hearing: as March 26, 2024, at 6:30 p.m. for the Voluntary Non-Contiguous Annexation Petition ANX-01-24.1 Motion unanimously: approved. A copy oft the Resolution R20241)5moporatae. into City Manager Neuschafer presented a! 5-year agreement with) NCI DOT for routine maintenance mowing. The City andl NCI DOT have had an agreement: for this routine mowing for many years. This agreement allows the Cityt tol ber reimbursed top perform maintenance oft the right of waysi int the City designated as State maintained routes. Ther maximum: annual reimbursement: is $20,266.12. Lasty yearsreimbursement was $19,154.00. Motion by Council Member Gaulden and: second by Council Member McNeil toa approve and authorize the City Manager to enter into an agreement on behalf of the City of Dunn with the North Carolina Department of Transportation for the 2024 5-year Municipal Agreement for mowing of designated state right-of-ways. Motion unanimously approved. A copyo oft the agreement has been filedv with the City Clerk. Mayor Elmore recessed ther meeting. The meeting was reconvened at8 8:20 p.m.  completed.  theser minutes as Attachment: #1. NCI DOT5 5-year Mowing Agreement: 2024  ITEMSI FORI DISCUSSION  FY2024-2025 Budget Summary: and Updated Goals  The City Manager presented proposed Goals and Priorities as established att the Budget Planning Retreat. The agreed upon Goals and Priorities will continue to be reported each month at the Council Meeting. These reports willi replacet the recent Goals and Objectives Reports beginning att the April Council meeting. After discussion ont the berms that need to be removed from cemeteries, Council requested a timeline and a Mayor Elmore announced upcoming events and activities. Mayor Elmore shared that the Town of Four Oaks held a Groundbreaking for the 195/140 Alliance workforce building and the facility in Dunn should start Consensus for City Manager Neuschafer to write al letter tol NCI DOT to add the culvert on NC55 tot the! 5-year Motion by Council Member Bradham and: second by Council Member Gaulden to entera closed session for the The meeting was reconvened and with nof further business to discuss, Mayor Elmore: adjourned the meeting  proposed estimated budget fore each goal. Announcements/Imformation construction: soon. plan.  purpose ofd discussing aj personnel matter. Motion unanimously: approved.  at8 8:50 p.m., withi no objections.  2A   AR OF  Attest: Tatemy City Clerk  NORTH  G  Cpand