195 Dunn City Council Regular Meeting Tuesday, November 9,2021 7:00 p.m., Dunnl Municipal Building Minutes Gaulden PRESENT: Mayor William P. Elmore Jr., Mayor Pro Tem Dr. David L. Bradham, Council Members J. Wesley Sills, Frank McLean, Billy N. Tart, and Chuck Turnage. ABSENT: Council Member April Also present: City Manager. Steven Neuschafer, Assistant City Manager Mathew Boone, 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, Administrative Support. Specialist I Debra Creighton, City Mayor Elmore opened the meeting at7:00 p.m. and advised that Council Member Gaulden is out due tot being sick. Rev. Roy Johnson gave the invocation and afterwards, Council Member Sills led in the Pledge of Motion by Council Member Sills and second by Council Member McLean to adopt the November 9, 2021 Attorney Tilghman. Pope, and City Clerk Tammy Williams. CALLTO ORDER AND INVOCATION AGENDA. ADJUSTMENT. AND APPROVAL Allegiance. meeting agenda as presented. Motion unanimously approved. PRESENTATIONS New Employee Introductions Whitei introduced Police Officer Jacob Baird. Veterans Days Proclamation Attachment: #1. PUBLIC COMMENTI PERIOD Comment period was closed. CONSENTI ITEMS City Manager Neuschafer introduced. Administrative Support Specialist II Debra' "Debby" Creighton and Chief Mayor Elmorer readt the proclamation recognizing November: 11, 2021 as Veterans Dayi int the City ofI Dunn and expressed: appreciation" to allt the veterans ina attendance including Council Members McLean and' Turnage and City Manager Neuschafer. A copy of the Proclamation (P2021-09) is incorporated into these minutes as The Public Comment Period was opened by Mayor Elmore at 7:10 p.m. Having no comments, the Public Minutes of the October: 12, 2021 City Councill Meeting. 38)i isi incorporatedi into these minutes as Attachment #2. Temporary Blocking ofA Alley- Stewart' Theater Temporary. Blocking ofs Streets- Dunn Christmas Parade Destruction of Municipall Records Request- - Parks andl Recreation. incorporated. into these minutes as Attachment: #3. Motion unanimously: approved. ITEMSI FORI DISCUSSION/ AND/OR DECISION Resolution approving the 2022 City Council Regular Meeting Schedule. A copy of the Resolution (R2021- Conveyance of Personal Property to Dunn Police Athletic League.. A copy oft the Resolution (R2021-39)is Motion by Mayor Pro Tem Bradham and second by Council Member Tart to approve all consent items. Ordinance. Amendment OA-10-21: Amendments to Chapter 22- Zoning Mayor Elmore opened the Public Hearing at 7:12 p.m. Planning Director Adler presented request from a private organization to amend Chapter 22- Zoning, oft thel Dunn City Code. The amendment would establisha new definition of a use called "transitional housing dormitory" and assign the RM, Multi-family housing zoning district as the sole district in which this use will be permitted as a Special Use. The passage of this amendment was unanimously passed by the Planning Board. The code already allows up to 12 instead oft the Remarks were: made in favor of the amendment from various representatives of Hope Center Ministries, a Christ-Centered Addiction Recovery Program, including the Regional Director, Travis Byrd, Edward DeLisie Jr., Randy Atkins, Jonathan Rigney, Mark Hall and Wayne Barnett. With no additional comments, the Public After discussion, motion by Council Member Turnage and second by Council Member Tart to adopt the ordinance amendment OA-10-21 as presented to add the definition of "transitional housing dormitory" allowed only in the RM district as a Special Use with the number changed to 30 instead of 35. Motion unanimously: approved.A copy ofthe Ordinance (02021-27)isi incorporated into these minutes as Attachment 30p proposedi int thet new definition. Hearing was closed. #4. 196 Ordinance tol Demolish: Structure- 4071 NI Elm Ave Mayor Elmore opened the Public Hearing at 8:03 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 andl has been condemned in accordance with G.S. $160D-1117. He also found the structure dangerous or prejudicial tot thej public health or public safety and a nuisance in violation of G.S. $160A-193.. No response by the owner about saving the structure. With no additional comments, the Motion by Council Member Sills and second by Council Member Turnage to adopt ordinance to demolish the structurel located at4 407 NE Elm Ave, PIN#151687-1636000. Motion unanimously approved.A copy ofthe Mayor Elmore opened the Public Hearing at 8:06 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 structure dangerous or prejudicial tot the public health or public safety and a nuisance in violation of G.S. $160A-193. The owner has noi interest in repairing and was good with proceeding with demolition. Motion by Council Member Sills and: second by Council Member McLean to adopt ordinance to demolish the structurel located at 5081 EV Wake! St, PN#151699-717000. Motion unanimously approved.A copy ofthe Mayor Elmore opened the Public Hearing at 8:08 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 foundt the structure dangerous or prejudicial tot the public health or public safety and ai nuisance in violation of G.S. $160A-193. The owner, Dean Wiley, appealed the time period ofs sixty days att the September Council Meeting and the Council unanimously affirmed thei inspector's decision. Mayor Elmore reported that he was contacted by one of Mr. Wiley's friends that said he did want to repair the building. With no additional After discussion ont the complexities and options of demolition: methods, motion! by Council Member Sills and second by Mayor Pro Tem Bradham to adopt ordinance to demolish the structure located at 124 E Broad St, PN#1516674133000. Motion unanimously approved. A copy of the Ordinance (02021-30) is Mayor Elmore opened the Publicl Hearing at 8:18 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 has also found the structure dangerous or prejudicial to the public health or public safety and a nuisance in violation of G.S. $160A-193. They did get a permit for repairs but after tearing out the floors, the family decided that there was too much damage to repair. With no additional comments, the Public Hearing was Motion by Council Member Sills and second by Council Member McLean to adopt ordinance to demolish the structure! located at 2131 NI Lee Ave, PIN#151695:582400. Motion unanimously approved. A copy ofthe Mayor Elmore opened the Public Hearing at 8:22 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 structure dangerous or prejudicial tot the public health or public safety and a nuisance in violation Peter Gitto, representative oft the owner, Dunkin Deals, requested additional time as hei is in the process of Motion by Council Member Sills and: second' by Council Member McLean tot table until the December meeting. Mayor Elmore opened thel Public Hearing at 8:27 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 structure dangerous or prejudicial to the public) health or public safety and a nuisance in violation of G.S. $160A-193. The owner appealed the time period oft the sixty days at the October Council Meeting and the Council unanimously votedt toa affirm thei inspector's decision. Permit has! been applied and paid for butno Peter Gitto requested: an additional two months to work on this property. With no additional comments, the Public Hearing was closed. Mayor Elmore questioned another demolition that was required due to two Public Hearing was closed. Ordinance (02021-28) is incorporated: into these minutes as Attachment: #5. Ordinance tol Demolish: Structure 508EWake! St Withr no additional comments, thel Public Hearingy was closed. Ordinance (02021-29) isi incorporated into theser minutes as Attachment: #6. Ordinancet tol Demolish! Structure- 124EBroad: St comments, thel Publicl Hearing was closed. incorporated into these minutes as Attachment: #7. Ordinance tol Demolish: Structure-2131 NI Lee Ave closed. Ordinance (02021-31) isi incorporated into these minutes as Attachment: #8. Ordinance tol Demolish: Structure- 306 W Granville! St ofG.S. $160A-193. handlingt the demolition." With no additional comments, the Public Hearing was closed. Motion unanimously approved. Ordinance tol Demolish: Structure 809B1 EEdgerton St improvements att this point. structures ont thes same lota and felt the council should act consistently with these orders. 197 Motion by Council Member Turnage and: second! by Council Member Sillst to table until the December meeting to allow staff the opportunity to research the uniqueness of this property with the two houses. Motion Mayor Elmore opened the Public Hearing at 8:44 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 foundt the structure dangerous or prejudicial tot the public! health or public safety and a nuisance in violation ofG.S. $160A-193.' The owner appealed thet time period oft the sixty days at the October Council Meeting and the Council unanimously votedt toa affirmt thei inspector's decision. Permit! has been issued ont this property. After discussion, motion by Council Member Turnage and second by Council Member McLean to table until Community Development: Block Grant (CDBG) Compliance Program! Manual Adoption Public Utilities Director Adams reported that the Council needed to adopt the CDBG Program Manual that contains compliance plans and policies designed to meet the requirements for participation in the CDBG-I Program and also to adopt that resolution which states who can execute documents that do not require the Motion by Council Member Sills and second by Council Member McLean to approve the resolution adopting the Community Development Block Grant Compliance Program Manual along with authorizing Steven Neuschafer, Heather Adams, and Tammy Williams, and successors so titled, to execute grant related documents that do not require the Mayor's signature. Motion unanimously approved. A copy of the Resolution (R2021-40) is incorporated into these minutes as Attachment #9 ando a copy oft the Manual has been Engineering Services Agreement to Update the Water and Sewer Capital Improvement Plan and Assistant City Manager Boone presented request to obtain approval for an Engineering Services Agreement for professional services to complete an updated Water and Sewer Capital Improvement Plan along with a Watera and Sewer System Development Fee: study. Att the August 2021 meeting, City Council approved Stafft to proceed with publishing al Request for Qualifications in order to select a firm. A total of three letters of interest were received and after reviewing and scoring, The Wooten Company received the highest collective score.' Thej proposed costi is$ $46,200 andi includes both the Capital Improvement Plan: and the Study. Motion! by Council Member Turnage and second by! Mayor Pro' Tem Bradham toa authorize the Cityl Manager to enter into an Engineering Services Agreement with the Wooten Company to complete a Water and Sewer Capitall Improvement: Plan: along with a System Development Fee Study; and furthermore to approve al budget amendment in the amount of $46,200. Motion unanimously approved. A copy of Budget Amendment City Manager Neuschafer presented for consideration the construction contract for the clearing and site improvement for the storage sitel located off Three Bridges Road. Formal bids were advertised. and two bids were received and reviewed by the City's engineers assigned to the project, WithersRavenel. Ofthet two bids, thel low bidder with appropriate qualifications to perform the work was Sawyer's Land Developing, Inc. We have ac currento contract with WithersRavenel int the amount of $128,900.' The amount needed for this workis $189,391 for the construction and will need to come from the fund balance with anticipated completion date Motion by Mayor Pro Tem Bradham and second by Council Member Tart to award a contract to Sawyer's Land Developing, Inc. to complete the Threel Bridges Road Site Improvement: Project and approve thel Budget Amendment to pay for the construction work. Motion unanimously approved. A copy of Budget City Manager Neuschafer presented request to approve the purchase of one parcel of property owned by Randy Dickens, LLC at the purchase price of $60,000.00, located at 506 E Broad Street, PIN# 1516-76- Motion by Council Member Tart and second by Council Member Turnage to approve the purchase of 506 E Broad Sta as presented for the purchase price of $60,000, authorizing thel Mayor and City Manager toj proceed with the purchase and to approve the Budget Amendment: as presented. Motion unanimously approved.A copyofBudgetk Amendment BA2022-201 isi incorporated into these minutes as attachment: #12. unanimously: approved. Ordinance tol Demolish Structure- 411 NI McKay Ave Mr. Gitto spoke requesting the ordinancel bec denied. the) January meeting. Motion unanimously approved. Mayor'ssignature. filed with the City Clerk. Conductas System Development Fee Study BA2022-181 is incorporatedi intot these minutes as attachment: #10. Threel Bridgel Rd Material Storage Sitel Project inj January. Amendment BA2022-19isi incorporatedi intot these minutes as attachmenti #11. Approve Contract tol Purchase! Reall Property 5279.000. Appointment- Dunn. Area' Tourism Authority Mayor Elmore recommendedi reappointment of Council Member Tart. tol December: 31,2022.. Motion unanimously approved. Motion! by Council Member Turnage and second by Mayor Pro' Tem Bradham to appoint Council Member Tart ast the Council representative on thel Dunn. Area' Tourism Authority Board of Directors for a term - January1 198 Council Goals/Reports Administrativel Reports 2020. year. City Manager Neuschafer reported that staff plans on reporting more specific timetables ont the goals at the January retreat. Watauga paving should be complete by the end oft the month. Mayor Pro Tem Bradham encouraged: plenty oft time ont ther retreata agendat to discuss thel Imaginel Dunn Strategic Vision! Plan. Financel Director Roberts provided thei following financial: reportf fort the periode ending October 31, 2021: The City, as of October 31, 2021, had $9,435,354 in all accounts combined compared to $6,261,147 in Property Taxes, through September, were $605,859 compared to $771,4561 lasty year. Sales" Tax August receipts were $233,200, about $19,083 less than) last monthl but $15,4881 more than last Utilities Sales Taxes received are $152,050 comparedt to $144,3691 last year. Building Permit Fees for the month of October were $17,865, with total of$ $72,079 or 55% oft budget. Watera and Sewer Revenues for the month of October were: $541,283, with total collected year to-date of $2,163,658 or 35.4% ofbudget compared to $2,002,661 lasty year. General Fund expenditures in October were $806,438, with total expensed to-date of $3,594,191 or 29.9% ofE Budget comparedt to $3,503,9151 in 2020. The Water and Sewer fund expenditures in October were $363,556, with total expensed to-date of $1,679,021,or22.196 ofbudget comparedt to $1,677,309. lastyear. Thel benchmark: for this periodi is 33% ofbudget. Hea also gave an update on Debt Service and) Liens and Assessments. Reports were also received as follows: Communications/Pblc Information, Planning and Inspections Report, Public Works Report, Public Utilities Report, Parks and Recreation Report, Library Report and Police Report. Atmouncemet/lmiommaton Mayor Elmore: announced upcoming events anda activities. toa adjourn thei meetinga at 9:15 p.m. Motion unanimously approved. With nof further business to discuss, motion by Council Member McLean and second by Council Member Sills r ORPORATE SEAL Myor A14 Attest: Pammu uars CAROY Tammy Williams, (IC,NCCMC City Clerk