201  Dunn City Council Regular Meeting Tuesday, December: 14,2021 7:00 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, Finance Director. Jim Roberts, Public Utilities Director. Heather Adams, Planning Director George Adler, Chief Building Inspector Steven King, Chief of Police Clark White, Parks and Recreation Director Brian McNeill, Human Resources Director Connie Jernigan, Librarian Mike Williams, Communications Coordinator) Kaitlin Adkins, Attorney Wileyl Pope, and City Clerk Tammy Williams. Mayor Elmore opened the meeting at 7:00 p.m. and Rev. Dennis Manuel, Pastor at East Granville Street Church of God of Prophecy gave the invocation. Afterwards, City Manager Neuschafer led in the Pledge of Motion by Council Member Tart and second by Mayor Pro Tem Bradham to adopt the December 14, 2021  Wesley Sills, April Gaulden, Frank McLean, Billy N.Tart, and ChuckTurnage.  CALLTO ORDER. ANDI INVOCATION  Allegiance.  AGENDA. ADJUSTMENT AND APPROVAL  meeting agenda as presented. Motion unanimously: approved. Minutes oft the October 25, 2021 City Councill Meeting. Minutes oft thel November 9,2021 City Council Meeting. Minutes oft thel November 15, 2021 City Councill Meeting.  CONSENTI ITEMS  Resolution! Declaring Badge and Service Weapon carried by Capt. Rodney Rowland Surplus and Awarding tol him at his Retirement. A copy of the Resolution (R2021-42) is incorporated into these minutes as Retirement Resolution in Appreciation of Captain Rodney Wayne Rowland. A copy of the Resolution Motion by Council Member McLean and second by Council Member Gaulden to approve all consent items.  Attachment #1.  (R2021-43)isi incorporated. intot these minutes as Attachment #2.  Motion unanimously: approved. PRESENTATIONS  Presentation Rodneyl Rowlandi Retirement Resolution! Retirement! Resolution Employee! Recognition Policel Department- Lt. Simmons and Sgt. Butler  Captain Rodney Rowland was recognized by Mayor Elmore and Councilf for 32y years ofs service with the City of Dunnl Policel Department. Chief Whiter read thel Resolution: adopted by Councili ina appreciation for his service. Chief White recognized Lt. Nicholas Simmons and Sgt.) Jonathan Butler for successfully completing the North Public Utilities Director Adams recognized Cornelial Malloy, Administrative Support SpecialistI.  Carolina Justice AcademyI Institute. Introduction of New Employee PUBLICCOMMENT PERIOD Comment period was closed. ITEMSI FORI DISCUSSION. AND/ORI DECISION  The Public Comment Period was opened by Mayor Elmore at 7:15 p.m. Having no comments, the Public Ordinance. Amendment OA-07-21; Amendments to Chapter 22 Regulation of Unattended Donation Mayor Elmore opened the Public Hearing at 7:16 p.m. Planning Director. Adler presented request to amend Chapter 22, Zoning, Section 22-60 oft the Dunn City Code. The amendment would amend the: zoning ordinance toa addl language tor regulate thel location, approval process, andi maintenance ofu unattended donation bins. An amendment to regulate donation bins was considered at the August meeting but was denied with staff directed to come back with an amendment that would ban donation bins altogether. After researching that possibility, the City Attorney found banning the bins would be unconstitutional. Staff went back to the drawing board tos strengthen thel language and the Planning Board unanimously recommended approval of OA-07-21 att their November meeting. With noa additional comments, the Publicl Hearing was closed. Motion by Council Member Gaulden and second by Council Member McLean to adopt the ordinance amendment OA-07-21 as presented to regulate the location, approval process, and maintenance of unattended donation bins. Motion unanimously approved. A copy of the Ordinance (02021-32) is  Bins  incorporated into these minutes as Attachment #3.    202  Rezoning Request (RZ-07-21), Corner Averasboro Rd and Susan Tart Rd; Applicant Susan Tart Mayor Elmore opened the Public Hearinga at 7:21 p.m. Planning Director Adler presented request to rezone a portion of one parcel totaling 6.9 acres +/-1 located att the corner ofA Averasboro Road and Susan Tart Road. Thep parceli is currently zoned R-10, Single-Familyl Dwelling District and proposed tol ber rezoned to R-7,Single- Family Dwelling District. The Planning Board voted unanimously to recommend approval of this request. Andrew Petty of Curry Engineering offered to answer any questions from Council. With no additional Motion by Council Member Turnage and second by Mayor Pro' Tem Bradhami to approve RZ-07-21 rezoninga portion ofap parcel of land located east of the corner of Averasboro Road and Susan Tart Road from R-10, Single-Family Dwelling Districtt to R-7, Single-Family Dwelling District, which rezoning would be reasonable Rezoning Request (CZ-02-21), Property between Susan Tart Rd and Bruce Dr; Applicant Susan' Tart Mayor Elmore opened the Public Hearing at 7:24 p.m. Planning Director Adler presented request to rezone five parcels from R-10 and R-7 to R-7 Conditional Zoning District (CZD). These properties total approximately 20 +/- acres. They are located between Bruce Drive and Susan Tart Road in Dunn. This rezoning would permits single-family dwelling units ons smaller lots than the standard lot dimensions allowed inR-7, in addition to other conditions mutually agreed upon by the developer and the City of Dunn. Susan Tart Property, LLC seeks to rezone five adjacent parcels to Conditional Zoning District (CZD) to make a Planned Unit Development with reduced lot sizes and setbacks from the standards established in R-7 to maximize the number of developable lots. The Planning Board met on November 30, 2021 to review the request anda ask for comments from the public. After much discussion, the Planning) Board voted unanimously tor recommend denial of this request. Hei reviewed the staff evaluation! in recommending the denial due tot the requested size oft thel lots. Council Member Turnage added thati the neighborhood meeting was handled well. Andrew Petty with Curry Engineering presented an adjusted layout due to the concerns expressed by the Planning Board and asked for it to be tabled. After concerns expressed by Council members due to the adjustments not going through the proper channels, Zach. Angle with Susan' Tart Properties, LLC expressed additional comments stating their reasons for coming forward to Council with the adjustments tot the plan. Motion by Mayor Pro' Tem Bradham and second by Council Member McLean to deny CZ-02-21 rezoning five parcels ofl land located between Bruce Drive and Susan Tart Road from R-10 and R-7 to R-7 Conditional Mayor Elmore opened the Public Hearing at 8:01 p.m. Chief Building Inspector King presented Ordinance to Demolish Condemned Structure for consideration. He has conducted an inspection and based upon his observations, the structure: is unsafe and has been condemned in accordance with G.S. $160D-1117. He also found the property dangerous or prejudicial tot the public health orp public safety and ar nuisance inv violation of G.S. $160A-193.T The owner did appeal the sixty days at the October Council meeting but the Council affirmed the inspector's decision. Derek and Scott Hardison attended and already determined it needs to be demolished and has moved ahead with the plans for demolition. Derek Hardison informed Council that the family is currently in the process of demolishing the building and everything should be complete within 60t to Motion by Council Member Sills and second by Council Member McLean tot table until the February meeting. After discussion, the motion failed with Council Member Sills and McLean in favor and Council Members Motion by Council Member Tart and second by Council Member Turnage to adopt ordinancet to demolish the structure(s)1 located at 101 W Vance St, PIN#:1 1516-68-5364.000. Motion unanimously approved.. A copy of Consideration of Ordinance tol Deem Property Unfitf for Human Habitation 2001 NJ Jackson St Mayor Elmore opened the Public Hearing at 8:14 p.m. Chief Building Inspector King presented Ordinance to deem property Unfit for Human Habitation for consideration. Building Inspector Dwayne Williams has conducted an inspection and found the structure in a deteriorated condition that does not meet the requirements of the City of Dunn's Minimum Housing Code. King also found the property dangerous or prejudicial tot thej publicl health or public safety and a nuisancei in violation of N.C.G.S. $160A-193. King added this was inr response to a complaint from the Police Department. Thej people were staying in the house rent freea ast the owneri isi inal local nursing! home. With no additional comments, the Public Hearing was closed. Motion by Council Member Gaulden ands second by Councill Member McLean to adoptt the ordinance directing the Chief Building Inspector top post thej property Unfit for Human Habitation: at2 2001 NJ Jackson St, PIN#: 1516- 98-0871.000. Motion unanimously approved. A copy ofthe Ordinance (02021-34) isi incorporatedi into these Consideration of Ordinance tol Deem Property Unfit for Human Habitation- 204 NJ Jackson! St Mayor Elmore opened thel Public Hearing at 8:17 p.m. Chief Building Inspector King presented Ordinance to deem property Unfit for Human Habitation for consideration. Building Inspector Williams conducted an inspection andf found thes structure ina deteriorated condition that does notr meet ther requirements oft the City ofD Dunn's Minimum Housing Code. Kinga also foundt the property dangerous or prejudicial tot the public health or public safety and a nuisance: in violation of N.C.G.S. $160A-193. King added that this inspection was also handled duet toad complaint byt thel Policel Department. The owner, Joshua) Jones, requested additional time to  Properties, LLC  comments, thel Public Hearing was closed.  and conforms tot thel Futurel Land Usel Plan. Motion unanimously approved.  Properties, LLC  With noa additional comments, thel Public Hearing was closed. Zoning District. Motion unanimously approved.  Consideration of Ordinance tol Demolish Structure(s)- 101 EVance St  90 days. Withi noa additional comments, thel Publicl Hearing was closed.  Gaulden, Tart, Turnage andl Bradham opposed.  the Ordinance (02021-33)i isi incorporated into these minutes as Attachment #4.  minutes as Attachment #5.    203  repairt the property as he could not get the renters out due to Covid and they really tore thej property up and didn'tp pay anyr rentf for over aj year. With noa additional comments, thel Public Hearing was closed. Motion! by Council Member Gaulden and secondl by Council Member McLean to adopt the ordinance directing the ChiefE Buildingl Inspector toj post thej property Unfit for Human Habitation at 204 NJ Jackson St, PIN#: 1516- 98-1868.000. Motion unanimously approved. A copy oft the Ordinance (02021-35) is incorporated into these Chief Building Inspector King presented Ordinance to Demolish for consideration. King has conducted an inspection and based upon his observations, the structure is unsafe and has been condemned in accordance with G.S. $160D-1117. He also found the structure dangerous or prejudicial to the public health or public safety and a nuisance in violation of G.S. $160A-193. This was tabled at the November Council meeting to allow the owner timet to demolish this property on! his own. Thel house has been demolished. Motion by Council Member Tart and second by Council Member Gaulden to deny ordinance to demolish the structurel located at3 306 W Granvilles St, PN#1517-70.36400. Motion unanimously approved. Chief Building Inspector King presented Ordinancet tol Demolish Condemned Structure for consideration. King has conducted an inspection and based upon his observations, the structure is unsafe and has been condemned ina accordance with G.S. $160D-1117. He also found the structure(s) dangerous or prejudicial to the public health or public safety and a nuisance in violation of G.S. $160A-193. This was tabled to give the owner time for repair or demolition of the structure. Peter Gitto of Dunkin Deals shared his plans for the property of purchasing the lot beside the property, tearing down both structures and dividing lots tol build two news structures. He: asked Council tot tablet tog givel hima additional time top purchase the property. Motion by Council Member Sills and second by Council Member McLeant tot table until thel February meeting. Ther motion failedy with Council Members Sills, Gaulden andI McLean for the motiona and Councill Members Tart, Motion by Council Member Turnage and second by Council Member Tart to adopt ordinance to demolish the structure located at 809B E Edgerton St, PIN#: 1516-96-0021.000. Motion approved with Council Members' Tart,Turnage,' Bradham and Mayor Elmore voting for the motion and Council Members Sills, Gaulden and McLean against. A copy of the Ordinance (02021-36) is incorporated into these minutes as Chief White reported that he was notified that the Dunn Police Department has been chosen as one of five agencies within the State of North Carolina tor receivef funding fort the COPS Grant. The granti isa a 75% Federal and: 25% Local match that provides salaries and benefits for two officers for three years. These two positions will be used to enhance the Narcotics Investigations Unit as well as the Community Enhancement Team, Motion by Mayor Pro Tem Bradham and second by Council Member Gaulden to approve the Resolution to acceptt thel FY2021 COPSI Hiring) Program Grant and to approve thel Budget Amendment allocating the funding for FY2021-2022. Motion unanimously approved. A copy of the Resolution (R2021-44) and Budget Cityl Manager Neuschafer requested authorization! for staff toa advertise: anl RFQI pertaining to architectural and design services for a new gateway and wayfinding system for the city. Wayfinding is a keyt tool inl how cities acrosst the state begini redevelopment and workt toi improve the appearance andi image oft their city. The City of Dunn has recently undergone and approved a rebranding effort that was born out of the Imagine Dunn Strategic Vision Plan. Beinga able toi include this new branding on wa/finding/wayfaring: and gateway signage Motion by Council Member Turnage and second by Mayor Pro' Tem Bradham to allow staff to advertise for design services for developing a new gateway and wayfinding system for the City of Dunn. Motion City Manager Neuschafer shared that the North Carolina General Assembly appropriated 2021 American Rescuel Plani fundingt tot the City ofI Dunn through thel Department of Environmental Quality int the 2022 Budget fori infrastructure projects. Appropriations include $500,000: for Storm water Infrastructure projects. Thei first phase of the project is mapping the system and there is no match required. All funds must be obligated by December 31, 2024 and expendedl byt thee end of2026.1 Mayor Elmore asked] how longt the mapping would take and) Neuschafer addedt that once authorization ist received from the State the project could begini in 90t to 120 Motion by Council Member Tart and second by Council Member McLean to approve the Resolution designating the City Manager ast the authorized: representative to request the storm water funding on behalf oft the City ofI Dunn. Motion unanimously approved.z A copy oft thel Resolution (R2021-45) isi incorporated into  minutes as Attachment: #6.  Consideration of Ordinance tol Demolish: Structure(s) 306 W Granville  Consideration of Ordinance tol Demolish Structure(s)- 809B El Edgerton  Turnage and) Bradham and) Mayor Elmore votinga againstt the motion.  Attachment: #7.  Resolution to Accept COPS Hiring Grant  whicha arel both vitali inc continued effortst too combat violent drug related crime. Amendment (BA2022-21)arei incorporated into these minutes asA Attachment #8. Authorization to Advertisei for Wayfinding System Design Services  throughout the city would be ane excellent way tol kick startt the overall rebranding efforts.  unanimously approved.  Authorization tol Request Funding Appropriated in the 2021. American Rescue Plan  days.  these minutes as attachment #9.    204  Consideration tos Selll Real Property owned byt the City ofDunn  City Manager Neuschafer shared that the City has received an offer of $7,500, by Dunkin Deals LLC, to purchase real property located on E Edgerton St, PN1516-86.9073000, in Dunn. Offer to Purchase was received by the City Clerk on November 30, 2021 and she confirmed with the buyer that they will pay the Ifthe Council and Board of Commissioners wish top proceed with thes sale oft the property, the property would be sold with "Notice tos sell Real Property with Invitation for Upset Bids." This property isj jointly owned by the City ofD Dunn and County ofHarnett. Itwas deededt tob both the County and City on! March 8,1 1939. Motionl by Councill Member Sills and: second by Council Member McLean toa approve thel Resolution to Sell Real Property pursuant to the Notice and Upset Bids procedure as set forth in N.C. General Statute $160A-269. Motion unanimously approved. A copy of the Resolution (R2021-46) is incorporated into these minutes as City Manager Neuschafer presented request from County Library system as well as Librarian Williams on goingf finef free, which! has! become at trendi inl libraries over the pastt threey years.' The rationalei is that collecting overdue fines, which are fines the library assesses for materials that are returned late, interferes with the library's mission to provide services to all citizens ini its service area. There is almost a direct correlation between areas off financial need in! Harnett County and] library accounts with fines outstanding. Itis believed that ins some cases, the effect ofs such fines will cause library users tos stay away from the library because they don't wantt tol bec confronted abouti fines.. Asac consequence overdue library materials are not returned. The County Board of Commissioners have agreedt top proceed with eliminatingl latef fines for materials checked out by customers toi include historical, currently outstanding and all future late fines.' Thel Library will instead bill for the cost ofl lost items and block patron from card access ifi items are not returned in a reasonable amount oft time. The Harnett County Public Library has not yeti implemented this policy pendinga a vote from the governing boards of each of the libraries to go fine free. Dunn Public Library's advisory board has approved going fine free. If one library in the county does not approve, the policy can't bei implemented in Harnett County since thel libraries share ani integrated library circulation system. Annual collections of fines and other fees for thel library is about $5,000 thus aj portion oft this revenue willl be unrealized. Ifa approved, Motion by Council Member Turnage and second by Mayor Pro Tem Bradham to permanently waive the City Manager Neuschafer reported that staff has seen ani increase ofr request for closing residential streets. In some instances, wel have received requests to close the same residential street as much as six times in one year. Staff is recommending a policy to handle requests for special events and neighborhood events, especially asi itl relates to closing public streets.. Ap policy should! helpt the community be more aware of whati is required and willl keeps staff informed sot that events can bel handled in the safest and most efficient matter. Various department heads met to discuss permit requirements and safety issues to determine what needs to be included in the procedures. Moreover, staff also researched what other communities are doing to put together the proposed applications, which includes the policy and procedures as well as some ordinance revisions. If Council is interested in pursuing, staff will be directed to advertise a public hearing for the ordinance: amendments: and move forward int ther months to come. Consensus was this needs tol be done. City Manager Neuschafer presented reports for review. The contractor for the Watauga Paving Projecti is still City Manager Neuschafer added that Council Meetings are currently not streamed Facebook Live due to equipment issues but being added to YouTube to share the next day. Staffi is working with IT on rectifying Financel Director Roberts provided thei following financial report fort thep periode endingl November: 30, 2021: The City! has $8,411,275: ina alla accounts combined compared to $6,506,2471 in 2020. Property' Taxes received through October were $804,063 compared to $771,456 in 2020. Sales' Taxes for September were $217,169, $14,4561 moret than last year. Utilities Sales Taxes are reported quarterly, with first year's quarter at $152,050 compared to $144,369 Building Permit Fees for the month of November were $7,747 with total collected of $79,827 or 61% of Watera and Sewer Revenues for the month of November were: $526,693, with total collected at $2,689,457 Generall Fund expenditures inl November were $1,015,635, with total expensed to-date at $4,678,315 or 39% ofE Budget comparedt to $4,539,482: for 2020.1 Revenues to-date are $3,349,051. The Watera and Sewerf fund expenditures in! November were $654,171, with total expensed at $2,344,265, or 30.8% ofb budget comparedt to $2,207,3571 for 2020. Revenues to-date are $2,887,643. Reports were also received as follows: Communications/Pablic Information, Planning and Inspections Report, Public Works Report, Public Utilities Report, Parks and Recreation Report, Library Report and Police  closing cost.  attachment: #10.  Discussion on) Permanently Waivingl Library Fines  changes aret tol bei inp placet this spring. library fees. Motion unanimously: approved. Speciall Events/Closing: Street Policy- Discussion Only  Council Goals/Reports working ont thej punch] lists. Administrative Reports this situation.  in2 2020. budget.  or4 44.02% ofbudget compared to$ $2,503,584 in 2020. Thel benchmarki fort this periodi is 42% ofb budget. Hea also updated Council onl liens and assessments and debt service.  Report.    205  Announcements/Information  Mayor Elmorea announced upcominge events and activities and wished everyone: al Merry Christmas. Motion by Council Member Sills and second by Council Member Gaulden to enter Closed Session to discuss Personnel Matters [N.C.G.S. 143-318.11(a)(6) and instruct staff concerning negotiations on Real Property Mayor Elmore reconvened the meeting and with not further business to discuss, motion by Mayor Pro Tem Bradham ands second by Council Member Turnage to adjourn the meeting at 9:44 p.m. Motion unanimously  [N.C.G.S. 143-318.11(a)(5)- Motion unanimously approved. Mayor Elmore recessed the meetinga at 9:08 p.m.  approved.  dL Mayor  CORPORATE Villiam P. Elmore] Jr.  Attest:  SEAL  Clanny W lla Tammy Willams@MG.NCCMC  City Clerk