252  Dunn City Council Regular Meeting Tuesday, September 13,2022 6:30 p.m., Dunn Municipal Building  Minutes  PRESENT: Mayor William P. Elmore Jr., Mayor Pro Tem Dr. David L. Bradham, Council Members J. Also present: City Manager Steven Neuschafer, Assistant City Manager Mathew Boone, Public Utilities Director Heather Adams, Chief of Police Cary Jackson, Planning Director George Adler, Parks and Recreation Director Brian McNeill, Interim Public Works Director Dwayne Williams, Administrative Support Specialist II Debra Mayor Elmore opened the meeting at 6:30j p.m. and Rev. Cameron Cloud with Central Baptist Church gave the invocation. Afterwards, Council Member Turnage led in the Pledge of Allegiance. Mayor Elmore welcomed Motion by Council Member Tart and second by Council Member Turnage to adopt the September 13, 2022 Acknowledge receipt of Planning Board application from Rob] Jones. Motion unanimously approved. Constitution Week Proclamation. A copy oft the Proclamation (P2022-07) is incorporated into these minutes Retirement Resolution- Charles Kelvin Barbour. A copy of the Resolution (R2022-31)i is incorporated into Resolution Declaring the Badge and Service Weapon carried by Charles Kelvin Barbour Surplus and Awarding tol him onl his Retirement.A copy oft the Resolution (R2022-32) is incorporated into these minutes Resolution Declaring the Badge and Service Weapon carried by Thomas Wayne Johnson Surplus and Awarding to him onl his Retirement. A copy oft the Resolution (R2022-33) is incorporated into these minutes NCC Governor's Highway Safety Program Resolutions. A copy of the Resolutions (R2022-34) and (R2022-35) Proclamation Termination of State of Emergency due to the Covid-19 Pandemic. A copy of the Motion by Mayor Pro Tem Bradham and second by Council Member Gaulden to approve all consent items.  Wesley Sills, April Gaulden, Frank McLean, Billy N.Tart,a and Chuck Turnage. Creighton, City Attorney Tilghman Pope, and City Clerk Tammy Williams.  CALLTO ORDER ANDI INVOCATION Triton High School: student Christina Goldston. AGENDA. ADJUSTMENT AND APPROVAL meeting agenda as presented with thei following changes: Add Stormwater Mapping Project Ordinancel Using ARPA Funds Minutes of the August 1 and August 9, 2022 City Council Meetings.  CONSENTI ITEMS as-Attachment: #1. these minutes as Attachment #2. as Attachment: #3. asA Attachment: #4.  isi incorporated into these minutes as Attachment #5.  Proclamation (P2022-06) is incorporated into these minutes as Attachment #6.  Motion unanimously approved. PRESENTATIONS Retirements Police Department Introductions ofl Employees  Chief White recognized Sergeant Charles Kelvin Barbour and Lieutenant Thomas Wayne Johnson on their Chief Westi introduced the following Police Officers: Damien Eason, Juan Fernandez, and Bailey Riddle. Reid Williams, President oft the Alliance, gave a brief update to Council on the activities oft the Alliance. The Public Comment Period was opened by Mayor Elmore at 6:47 p.m. Comments were madel by Rick Salvage and Norton Webster, board members oft the Carolina Wetlands Association, who spoke to Council requesting permission to access public property concerning the Stoney Run project. Vicky Woodard and Clarence Woodard spoke about their concerns regarding drainage easements at Grove Park ont their properties. Having  retirement and presented them Retirement Resolutions. Update from) 195/140 Crossroads of America PUBLIC COMMENT PERIOD  no additional comments, thel Public Comment period was closed. ITEMS FORI DISCUSSION. AND/OR DECISION Special Use Permit SUP-02-22 US301N  Mayor Elmore opened the Public Hearing at 6:59 p.m. for the request to allow a childcare center as a Special Use of a property zoned C-3, Highway Commercial District. The Planning Board voted unanimously to approve the permit. He then turned overt the meeting tot the City Attorney to convene thel hearing.  (City Attorney Pope's scripti is transcribed ini italics.)    253  The next matter is Case #SUP-02-22, a request by Pamela MI McLeod for a Special Use Permit to allow fora Childcare Center at an existing .84 acre parcel at 2337 US. 301 North. The property is currently zoned C-3, Highway Commercial District. The hearing on this matter is judicial in nature and will be conducted in This Hearing does involve. sworn testimony and receiving ofe evidence and at this time, all persons who wish to testify in this case please approach the podium to be sworn in org givey your affirmation. After the swearing-in, you may return toy yours seat. The following weres sworn int to testify: Planning Director George Adler, Pamela Okay, you may bes seatede except for Mr. Adler. Int this hearing, we willj first hear from Planning Director, George Adlerand thenj from the applicant andi her witnesses, and then from opponents tot the request. Parties may be cross-examined ift the person has standing to cross-examine a witness and we can get into that issue when and ifito arises. lfyou want the Council tos see written evidence, such as reports, maps, exhibits, the witness whoi is most familiar with the evidence. should present that and it: should bei introduced at the end ofhis or her testimony. We cannot accept testimony from anyone who is not here to testify and sworn in. Does not So now we will formally open the hearing on Case #SUP-02-22 Special Use Permit Application and ask for Adler: "Thank you very much. I'd like to first ask that all Staff Report and all the Materials submitted to  accordance with speciald due process safeguards.  McLeod: andl IIkal McElveen.  appear weh have any Attorneys representing any oft thep parties. testimony from Planning Director George Adler. Council bee enteredi into ther record." Sor received ase evidence  "Regardingt this case, there aret five questions when addressingas special use permit.  The First question relates to whether or not the requested use is listed among the conditional uses in the This parcel is zoned C-3, Highway Commercial and child care center isl listeda as a permitted use in C-3 witha The: second question relates tov whether the usei is essential or desirable tot thej public convenience or welfare. The requested use ofc child care centeri isa desirable use. This would provide needed licensed child care int the The third question to be addressed is whether or not it will impair the integrity or character of the surrounding or adjoining districts, nor! bec detrimental tot thel health, morals, or welfare oft the community. The parcel is one of several commercially zoned parcels on the west side of 301, south of Hobson Road in Dunn's ETJ. The east side of 301i is zonedi industrial, between 301 and the railroad. Directly across 301 from the subject property is a 14-acre tract with several large industrial buildings. Next door to the subject property to the north is a church; adjacent to the south are four vacant parcels, one commercially zoned, three residentially zoned parcels down to the corner of 301 and Jernigan. Behind the subject parcel, the property along] Jernigan) Roadi isr residential: atr nog greater density than two residential units pera acre. A child care center will not negatively impact the area where the property isl located. However it will add to traffic when parents drop off and pick up their child. According to the child care owner, Ms. McLeod, the hours of operation will be 6a a.m. to 61 p.m.; ages served will be six weeks to 12 years; the total number to be served will depend on the number the state licensing agency allows. There will be eight total employees. There ares several child care centers inl Dunn. They vary ins size, ages served, and curriculum; some operate out ofa private home, some in commercial locations; some provide religious instruction, some do not. Quality child care is ane essential service for working parents and is not detrimental to the health, morals, or welfare Thef fourtho question is willt the requested usel bei inc conformity with thel land development plan. The Future Land Use Map, adopted inj June 2022, identifies 301 North as a Gateway & Corridor Character Area. These character areas, located along prominent entrance ways to the city, are identified as needing improvement and/or redevelopment inl Imaginel Dunn,t the city'sStrategic Vision Plan, adopted in 2021.These character areas anticipate a mix of various uses. The existing 2,600 square foot structure was built in 1990. Most recently it was used as al hair salon. To convert such a structure to child care would conform with the The fifth question addresses the issue of adequate utilities, access roads, drainage, sanitation, and other  district for which the application is made. Special Usel Permit in Section 22-461(8)h.  Dunn community.  There willl be no vans owned by the child care center.  oft the community.  Future Land Usel Plan and Map.  necessary facilities that have been ora areb being provided.    254  Dunno city water is available on the site. Drainage, sanitation, and road access appear adequate. The number of children served by the child care center will be determined by the state licensing agency, the NC Dept of Health & Human Services, Division of Child Development and Early Education. The City has a 16" water line on 301 north. City sewer ends approximately a half mile south oft the property. Sanitary facilities are served onsitel by a septic system. Before the owner will receive a license for child care, the location must meet state NCDOT may require improvements related to traffic regarding the single driveway onto the site from 301. Right now there is room for only a few vehicles to que up on the property for drop off or pick up without Regarding parking, as indicated in your packets, Section 22-346(a) says "1 space is required for each 6- person capacity." So total spaces needed, based on 8 employees and estimating 60 children will equal 18 parking spaces. Currently, there are 14 striped spaces on this parcel and one handicap space and one access aisle. The property would allow for modifications of existing improvements for both parking and ingress and If various improvements with parking, access into and egress from the site are made and the state licensing agency approves al license for the facility, the location and use would conform tot the Future Land Use Plan and Mapa and provide ar needed servicet tot the community. I'd! be glad to answer any questions ifyou) have any." Thank you Mr.. Adler. Ms. McLeod, doj you have any questions for Mr: Adler? "Inaudible" I'm getting ready to call you in a second. Is there anyone here standing opposed to the request, have questions for Mr. Adler? Any Pamela McLeod: "T am still waiting on Mr. "inaudible" Temple, I have contacted thirteen site engineers and they are alll backed up for the next three to four months, unbelievable right. Sol he is supposed to get back with me, but it has been like a month now. I have been leaving messages, text messages, voice messages and nothing. So was asked to come up with aj plan how saw fit that the traffic could go in without itl being a problem. So my husband, this is not the actual thing, but my friend came up with a thing tol kind ofl like show the building and there is room for two cars, a car to come ini for entering in and exit. We: are going to move the concrete slats. It's like seven on this side and one handicap over here where the gatei is. We are goingt to move those slats and put them on the side of the fence for employee parking since I have more space on the property this way.I Ihave more this side than! Ido on this side: so they come in they are goingt tor miss these and line the cars and stop them right! here at the handicap cause that is where they can walk inl because they have tos sign their children in and they have tol be signed out, which will take no more than three tof four minutes to sign, sot they willl be able to, whoever iss stopped here would be able to go ahead and get out. We did it with the cars, wel had cars but we took them off' "inaudible." We can get easily 8-10 cars int there the way we measured And all our parents are not going to go to work at7 7:00, all parents are not going to go to work at 8:00, at 9:00. Some work part-time and some are in school soI don't foresee it being a congestion problem but as I was askedt to contact DOT.I did what Iwas instructed to do and so this is my projected plan for them tol be able to come ina ands stop by this access point by the handicap ramp, come in and signt them out and just go on out. But Iam cutting down bushes because II have some bushes here that Ifeel are a hazard by the mailbox, on both sides and some bushes by the fence. We are taking all those bushes out. So Idon't have tol have aj permit for bushes to come down doI? "Laughter from audience" OkI Iamj just checking. The fencei is nota allt the way out to the whole property that I purchased. This is a little area to show you that they have adequate play space behind there when we finish putting the fence up. But the parking for the Staff willl be to the: side of this fence so that is my proposed thing. So we have been monitoring the traffic on 301 and today was a backup, there was al lot oft traffic, something happened on 95. So there was a lot of traffic today. just hope yall will accept this and approve me because all of my retirement money has gone to this building purchased sol Iam asking you all, Ineed a chance. Ifeel like it will be a goods service to the community. Ialso) have worked for Harnett County Schools since 2002, just resigned my position as a teacher on July 2nd, Ithank all of you for your time. Do we have any questions for Ms. McLeod from those standing opposed to the request? Any questions from the Hearing none and seeing none, we will now entertain any further questions from the city council members or the applicant. Let me back up Ma'am Iapologize. you were: sworn in to testify, do you wish to speak inj favor of the Ilka McElveen: "Good Evening Council, my name is Ilka McElveen and I live in Elizabethtown NC. own a childcare facility that has been there since 1957. Ididn't build it but my grandmother did. We served kids from 1957 to present. We have graduated lawyers, doctors, veterinarians. We serviced low income with child subsidies wel have a majority subsidized children. We give opportunities tot these children that they normally would not be able to receive, we take them on trips out of Elizabethtown. They go to "inaudible," we take them to the ZOO, we do scholarships, fundraisers. We take one trip to Disney once a year, so Pam's daycare  standards regardings sanitary facilities. having the line extend into 301.  egress depending on what DOT requires.  questions from Mayor or Council for Mr. Adler?Alright thank) yous sir. We will now hear from the applicant and other proponents regarding the application.  itout.  Any questions for me?" Mayor or Council for Ms. McLeod?  Now we will hear from anyone opposed to the request.  application?  willl beal benefit tot this community and the children."    255  Thank) you Ma'c 'am does anyone, Mayor and Council have questions for this witness?  So now we will entertain any. further questions from the Council members for the applicant. Once the public hearing is closed, the only questions posed to the applicant, shall be for clarification. No new evidence can be introduced,) you can only consider testimony and evidence that has been introduced as a part of this hearing in Also if there are any conditions that the Council would like to place upon the use of the land by the applicant, must be agreed by the applicant. So now would be the appropriate time ift there are any conditions you would liket the applicant to consider regarding the awarding of the special use permit. Now would be the time to discuss Hearing none further, Mr. Mayori it willl bec appropriate toe entertain a motion to close this public hearing. Motion by Council Member Sills and second by Council Member Gaulden to close the Public Hearing. Motion Motion by Council Member Turnage and second by Council Member Sills to approve Condition 1. The use requested is listed among the conditional uses in the district for which the application is made. Motion Motion by Council Member Turnage and second by Council Member Sills to approve Condition 2. The requested use is essential or desirable to the public convenience or welfare. Motion unanimously Motion by Council Member Turnage and second by Council Member Gaulden to approve Condition 3. The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be Motion by Council Member Turnage and second by Mayor Pro Tem Bradham to approve Condition 4.The requested use willl bei in conformity with the land development plan. Motion unanimously approved. After discussion, motion by Council Member Turnage and second by Council Member Gaulden to approve Condition 5. Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or Motion by Mayor Pro Tem Bradham and second by Council Member Sills to approve SUP-02-22 to allow a childcare center as a Special Use on property zoned C-3, Highway Commercial District. This parcel is .84 acres +/- and is located at 2337 US 301 North, PIN being 1527-05-7596.000 as presented. Motion unanimously approved.A copy ofthe Evidence provided isi incorporated into these minutes as Attachment #7. Mayor Elmore opened al Public Hearing at 7:23 p.m. for Council to consider USDA loans for financing. Brittany Barefoot presented request to apply to the USDA Rural Development Division for funds to finance the purchase of police cars and public works equipment for the 2022 year. The repayment for these loans will be approximately $42,650 per year. The equipment willl be 7-year loan at 1.5% from the 2021 commitment and the cars for 2022 should be a 7-year loan at approximately 3.1/4%. The Grant money has not been established yet for the police carsf for 2022. With no additional comments, the Public Hearing was closed. Motion by Council Member Gaulden and second by Council Member McLean to approve allowing the City finalize the Loans and Grants with the USDA for equipment purchased in 2021, police cars for 2022. Motion Brittany Barefoot presented request for the City to use funding from the Powell Bill, and borrowed money to complete a major project consisting of asphalt conditioning, repair, and replacement in line with the recommendations made by engineers, SEPI. This loan is to provide some of the funding for this project and will not exceed $1,000,000. It will be a term of fifty-nine months at' Truist for 3.340%. This will be used in connection with our Powell Bill funding and our DMV license income to provide in excess of $2 Million to City Manager Neuschafer added that SEPI Engineering has sent a list of work to staff. Those projects willl be vetted through public utilities tor make sure there are no conflicts. SEPI feels confident about being able to get Motion by Council Member Sills and second by Council Member McLean to accept the resolution and loan conditions by TRUIST bank for a $1 Million loan to be used for street and pavement work. Motion unanimously approved. A copy of the Resolution (R2022-36) is incorporated into these minutes as Authorization to Submit Funding Applications for Water and Wastewater Asset, Inventory and  making, youry finalo decisions.  those and ask the applicant ifshe will agree to those.  unanimously: approved. unanimously: approved. approved.  detrimental tot the health, morals, or welfare. Motion unanimously approved.  arel being provided. Motion unanimously approved.  USDA Loans  unanimously approved. Financing of Paving Projects 2022  complete thej project.  acontractor for the paving and treatments.  Attachment: #8. Assessment(AIA) Grants    256  Public Utilities Director Adams presented request for Authorization to submit grant funding applications to the Division of Water Infrastructure for the Water and' Wastewater AIA Grant program. The City is eligible to apply for grantf funding to aid with asset inventory: and condition assessment of critical assets. The maximum amount of AIA grant funding that the City is eligible for is $400,000. The engineering fee to prepare both applications is $5,000 and will bet taken from the 2022-2023 Water and Sewer operating budget. Motion by Council Member Gaulden and second by Council Member McLean to approve WithersRavenel to assist with preparing the grant applications and furthermore approve the resolution authorizing the City Manager to submit applications for both a water and wastewater Asset, Inventory, and Assessment grant. Motion unanimously approved. A copy of the Resolution (R2022-37) is incorporated into these minutes as City Manager Neuschafer presented proposed Grant Ordinance authorizing all appropriations necessary for the completion of Project Number: SRP-SW-ARP-0003, which is an engineering/surveying project where the chosen firm, ESP. Associates INC. is doing a complete and comprehensive map of the City's entire stormwater system. This would include drains, inlets, drainage ditches, curbing, storm drains etc. This project will be funded through the ARPA Project Grant and is one hundred percent eligible for project costs up to a Motion by Mayor Pro Tem Bradham and second by Council Member Turnage to approve the Grant Project Ordinance as presented. Motion unanimously approved. A copy ofthe Ordinance (02022-11)isi incorporated Neuschafer presented request to formally adopt the list of projects for our Stormwater Capital Improvement Plan. The City has operated off ofal listing of projects from a Citywide 2014 stormwater study, since it was completed. However, the project list was never formally adopted as a CIP. Adopting this abbreviated list of projects as our CIP is necessary tor move forward int the future. Once wel have the mapping project completed, After discussion, motion by Council Member Turnage and second by Council Member Sills to approve the Stormwater Capital Improvement Plan as presented. Motion unanimously approved. A copy of the CIPis Neuschafer presented request for authorization tos submit a grant and loan funding application to the Division The City is eligible to apply for grant/loan funding for stormwater construction projects through the Division of Water Infrastructure. The maximum amount of grant funding that may be awarded is $4.5 Million. The Cityi is anticipating that the complete list oft top priority project's estimated cost willl be upt to $8.9 Million. Any project or portion thereof not funded by grant willl be financed and paid back through the City's stormwater fund. Council needs to determine how much is to be applied for because once the grants is applied for and approved, the city will be on the hook for all the projects committed. Mayor Elmore encouraged board to consider applying for all projects for the grant and Council was in consensus. The engineering fee toj prepare Motion by Council Member Turnage and: second by Council Member Sills to approve WithersRavenel to assist with preparing the grant application and furthermore approve the resolution authorizing the City Manager to move forward with submitting an application for the proposed stormwater projects. Motion unanimously approved. A copy of the proposed projects and Resolution (R2022-38) is incorporated into these minutes as Neuschafer presented proposed Resolution ofl Intent to Consider Permanently Closing the following alleys as  Attachment: #9.  Stormwater Capital Ordinance  maximum of$ $500,000.  into these minutes as Attachment #10. Stormwater Capital Improvement Plan (CIP)  later this) year, we willl bei inay position to do more extensive modeling: andj planning.  incorporated into these minutes as Attachment #11.  Authorization tos Submit Funding Application for Stormwater Grant and Loan ofV Water Infrastructure for eligible stormwater construction projects.  the applications is $5,000 and willl be takenf from the stormwater operating budget.  Attachment #12. identified below: 1. 2. 3. 4. 5. 6. 7. 8. 9.  Resolution ofIntent to Close unopened Alleys  between NI Fayetteville Ave and N King Ave and W Cole Sta and W Granville St between NI Layton Ave and NI McKay Ave: and W Cole Sta and W Granville St between NI Layton Ave and NI McKay Ave: and' W Cole Sta and W Granville St between NI King Ave and NI Layton Ave and W Cleveland Sta and W Vance St between NI McKay Ave and N Layton Ave: and W Cleveland St and W Vance St between NI Ellis Ave andl NI McKay Ave and W Vance Sta and' W Cleveland St between NI McKay Ave and NI Ellis Ave and W Car Sta and WJ Johnson St between! N Orange Ave and NI Ellis Ave and W Cleveland Sta and W Carr St between N Elm Ave: andi NN Magnolia Ave andl E Vance Sta and E Cleveland St 10. between NE Elm Ave and N Washington Ave and EVance St and EI Harnett St  The City of Dunn conducted an Alley Study in 2019 as Council wanted to identify unused alleys and those currently not being maintained. The study also identified alleys which are partially closed as identified in the Harnett County GIS. Council approved budgeting to begint the process of closing these alleys. Using the study, staff has identified various alleys to begin this process. The process of closing these alleys would includea survey and recordingi int the Register ofI Deeds for proper identification of closed alleys in the Harnett County  GIS. This would also relinquish the responsibility oft the City to maintain these alleys.    257  After discussion, motion by Council Member Turnage and second by Council Member Gaulden to adopt the Resolution of Intent to Consider Permanently Closing the alleys as identified and to set the Public Hearing for November 15, 2022 at 6:30 p.m. at the Dunn Municipal Building. Motion unanimously approved. A copy of Motion by Council Member Turnage and second by Council Member McLean to express appreciation to those who have applied for the vacancy and to appoint Valerie Newton to the Planning Board for term ending June City Manager Neuschafer updated Council on lane closures on Hwy 421 and 195 until late morning due to vehicle fire. He shared that the PARF grant has been awarded to City for Tart Park playground equipment and official notification is forthcoming. He also informed Council of damage to Pearsall Street at stormwater covert causing the street to be closed for some time. He also updated Council on the stormwater mapping  the Resolution (R2022-39)isi incorporated into these minutes as Attachment #13.  Planning Board Appointment 30, 2025. Motion unanimously approved. Administrative Reports  project. Council Goals Update Report was included int thej packet. Barefoot provided the following financial report for the period ending August 31, 2022: The Cityl has $9,561,155 cash, compared to $9,173,073 last year. or 17.8% oft budget, compared to $1,075,647: in 2021. Property" Taxes are $45,013, compared to $53,641 last year.  Water and Sewer Revenues for the month were $590,747, with total collected year to-date at $1,191,285 Utilities Sales Taxes are reported quarterly. For first quarter, taxes received is $189,123, compared to Building Permit Fees for the month were $9,435, with total collected of $20,349 or 14% of budget, General Fund expenditures for month are $1,053,804, with total expensed to-date at $2,244,267 or Water and Sewer fund expenditures for the month are $527,836, with total expensed to-date at Reports were also received as follows: Planning and) Inspections Report, Public Works Report, Public Utilities  Sales Taxi receipts were $255,790, with total collected year to-date at $523,292.  $186,377 in: 2021. compared $34,4731 last year.  16.96% of Budget, comparedt to $1,941,362: in2 2021. $1,430,470, or 18.11% ofb budget, compared to $654,893 last year. Thel benchmark: for this period is 17% ofb budget. Barefoot also updated on debt service and liens and assessments. Report, Parks and Recreation Report and] Police Report. Mayor Elmore announced upcoming events and activities. toa adjourn the meeting at 8:08 p.m. Motion unanimously approved.  Ammouncememt/lmiomaston  With noi further business to discuss, motion by Council Member Sills and second by Council Member Gaulden  IT OF GORPORAT SEAL CAROL  EWillamP.Elmore) EMayor  Attest:  my AlLanes Tammy WilliamsMC, NCCMC  City Clerk