177  Dunn City Council Regular Meeting Tuesday,August: 10,2021 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, Assistant City Manager Mathew Boone, Finance Director. Jim Roberts, Public Utilities. Director Heather Adams, Public Works Director Vincent Washington, 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 III Debra Creighton, City Attorney Wiley Pope, and City Clerk Tammy Williams. Guests.. recognized by Mayor Elmore opened the meeting at 7:00 p.m. and Rev. Randy Beasley, Pastor at Lees Grove Pentecostal Freewill Baptist Church gave the invocation. Afterwards, Council Member Turnage led in the Pledge of Motion by Council Member Turnage and second by Council Member Tart to adopt the August 10, 2021  Wesley Sills, April Gaulden, Frankl McLean, Billy N.Tart, and Chuck" Turnage.  Mayork Elmore: Former Council Member Dr. Gwen McNeill. CALLTOORDER/ ANDI INVOCATION  Allegiance.  AGENDA ADJUSTMENT. ANDA APPROVAL meetinga agenda as presented with change as listed below. Addl Itemj for Discussion and/or Decision Unified) Development Ordinance Proposal Motion unanimously approved. PRESENTATIONS Introduction of City Employee PUBLIC COMMENTI PERIOD CONSENT! ITEMS  Chief Whitei introduced! Investigator Jake Schlieman.  Thel Public Comment Period was opened! by Mayor Elmore at 7:07 p.m.  Dr. Gwenl McNeilla and Ronald Ross requested renovations for Codrington Park: and fort thej parkt tol bei included int the Tartt tol Tyler Park" Trail. With no comments, thel Public Commentperiod was closed.  Minutes oft the) July 13, 2021 City Council Meeting.  Resolution accepting NC Governor's Highway Safety Program Grant for the second year of the grant period.A copy oft thel Resolution (R2021-25)isi incorporated: into these minutes as Attachment: #1. Budget Amendment - American Rescue Funds Funding Adjustments. A copy of Budget Amendment (BA2022-03) isi incorporated: into these minutes as Attachment: #2. Temporary. Blocking of Streets- Dunn Chapel FWB Church) Backt tos Schoole event Temporary Blocking ofs Streets-  Harnetts Stf for Family Reunion  Temporary Blocking of Streets- Chalk Fest Motion unanimously approved. ITEMSI FORI DISCUSSION. AND/ORI DECISION  Motion by Mayor Pro Tem Bradham and second by Council Member Gaulden to approve all consent items. Rezoning onj Jernigan Rd (RZ-05-21) from C-3 tol R-20, Progress Homes, LLC, PIN# 1527-16-0414.000 Mayor Elmore opened the Public Hearing at 7:13 p.m. Planning Director. Adler presented request to rezone 1 parcelt totaling 1.4a acres +/-1 located on) Jernigan Road. Thej parceli is currently: zoned C-3, Highway Commercial District: andj proposed tol ber rezoned tol R-20, Single Family) Dwelling District. Her reviewed the: staff report and reported that the Planning Board voted unanimously to recommend approval of this request. With no Motion by Council Member Turnage ands second by Council Member Sills to approve rezoning request RZ-05- 211 located on) jernigan Road from C-3, Highway Commercial District tol R-20, Single Family Dwelling District, which rezoning achieves the purpose and is consistent with the 2030 Land Use Plan. Motion unanimously Ordinance Amendment OA-04-21 Amendments to Chapter 20 Subdivision of Land, 20-74: Utilities Mayor Elmore opened the Public Hearing at 7:17 p.m. Planning Director. Adler presented request to amend the Ordinance to add: 20-74 (c) Underground' Utilities and: 20-77 Easements. Last month, the Planning Board recommended that this request be tabled for research concerning the standard width of easements. After research, the Planning Board voted unanimously to approve the request with one revision in Section 22-77 (1): change fifteen (15) foot tot twenty (20) foot width int the third sentence of that paragraph to conform to thes second: sentence oft that paragraph. With no additional comments, thel Public Hearing was closed.  additional comments, the public! hearing was closed.  approved. and 20-77:1 Easements    178  Motionl by Mayor Pro Tem Bradham and second by Council Member Gaulden to adopt ordinance amendment OA-04-21 as presented with the one revision approved by the Planning Board. Motion unanimously approved. Ad copyo ofthe Ordinance (02021-19) is incorporated into these minutes as Attachment #3. Ordinance Amendment OA-06-21: Amendments to Chapter 22 Zoning, Section 20-60: Regulation of Mayor Elmore opened the Public Hearing at 7:21 p.m. Planning Director Adler presented request to amend the Zoning Ordinance to add: 20-60: Regulation of Unattended Donation Boxes. Hej presented pictures oft the various boxes around the city and noted that only one of the companies represented was a non-profit and there is generally clothing and debris scattered around the boxes. He reviewed the proposed regulations including giving current boxes 60 days to come into compliance. The Planning Board voted to approve the request, 51 int favor with opposed due to discussion on banning thel boxes. This ordinance would givet the city the authority to regulate. Ronald Ross spoke in favor of regulating and not banning the boxes. With no After much discussion concerning regulating or banning the boxes altogether, motion by Council Member Turnage and second by Mayor Pro Tem Bradham to deny ordinance amendment OA-06-21. Motion Consensus of Council wast tol ban thel boxes, sot the Mayor directed City Manager Neuschafer for staff tol begin Chief Building Inspector King presented appeal to Council. Inspector Slater Johnson has conducted an inspection at 1610 Erwin Rd and based upon his observations, the structure is unsafe and has been condemned ina accordance with G.S. $160D-1117.Thel Building Inspector also found the structure dangerous or prejudicial tot the public! health or publics safety and a nuisance int violation ofG.S. $160A-193. Sherry Miller, presenting the owner oft the property, has appealed the! Buildingl Inspector's decision ofs sixty dayst tor repair or demolishi the structure: and accordingt tol N.CGSS160D-1130: asr represented: in! her letter ofa appeal to Council. Mayor Elmore: shared that Ms. Miller wasi ina attendancei ift there were any questions for her. Motion by Council Member Sills and second by Council Member Turnage to affirm the allowable time period ofs sixty daysi ina accordance with! N.C.G.S. 160D-1122 oft the structurel locateda at1601 Erwin! Rd, PIN# 1506-69- City Manager Neuschafer presented proposed Resolution to allow for enforcement of the Harnett County Ordinance for the Civil Enforcement of! North Carolina General Statute $20-217 by means of an Automated Schooll Bus Safety Camerai installed and operated on any School Bus within] Harnett County int the city limits of Dunn. The agreement the County has with BusPatroli is that 60% ofg gross revenues from citations will go to BusPatrol for operating the program and 40% to the schools. The County and the municipalities will not receive any oft the funds for thet violation.' The Harnett County Board of Commissioners adopted the Stop Arm Motion by Council Member Sills and second by Council Member Gaulden to adopt the Resolution: authorizing the application and enforcement of the Harnett County Ordinance for the Civil Enforcement of NC General Statute $20-217i1 in the City of Dunn. Motion unanimously approved. A copy oft the Resolution (R2021-26)is City Manager Neuschafer presented request for approval to move forward with assembling a series of informal projects that would: systematically address storm drainagei issues through basin maintenance across the jurisdiction. There are three major drainage basins in Dunn and the City has previously identified four sub-basins directly inside the corporate limits, in the 2014 Stormwater Study completed by DMP. There are three main waterways in the Dunn jurisdiction; Black Creek, Juniper Creek, and Stoney Run. Beyond that there arer many" "blue lines streams" andi tributaries which carry stormwater run-off from the fields and: streets to the waterways and eventually into the Cape Fear River. During major rain events it is the time and efficiency that storm water flows through these tributaries that causes localized flooding on streets and in neighborhoods. Hej proposed to use fundsi int the stormwater operating budget toi identify, evaluate, and hire ane experienced contractor tol begin debris removal andl blockages once proper access tot these properties are authorized." The costi is dependent ont thel length oft the tributary and amount of debrisl located. Motion! by Council Member Tart and second by Council Member McLean to approve for the City Manager to move forward withi identifying waterways int need of cleaning, hiring appropriate contractors to perform the work and to enter into agreements with property owners for access to the targeted waterways. Motion 195/140 Crossroads of Americal Economicl Development. Alliance, Inc. Memorandum of Understanding Mayor Elmore presented the Memorandum of Understanding (MOU) between the City ofI Dunn and Town of Four Oaks for the development of a non-profit corporation 1-95/1-40 Crossroads of America Economic Development. Alliance, Inc.' Thel MOU includes ana annual expenditure of$ $50,000 tol bep paid tot the organization to fund its operational expenses, which has already been budgeted for FY2021-2022. The purpose oft the Alliancei ist tor recruit newi industries, incentivize the expansion of existing industries, and promote economic development opportunities toi increase thet tax base and create jobs for the residents within and: surrounding  Unattended! Donation! Boxes  additional comments, thel Public) Hearing was closed.  approved with Council Members Gaulden and) McLean opposed. Appeal of Building Inspector's Decision 1610 Erwin Rd  that process.  9985.000. Motion unanimously approved.  Resolution: for Enforcement of Automated: Schooll Bus Safety Camera  Ordinancet that willa allowt the County to enforce civil penaltiesf for thesev violations.  incorporated into these minutes as Attachment: #4. Stream/Ditch Maintenance! Program  unanimously: approved.  the City ofI Dunn and' Town of Four Oaks.    179  Motion by Mayor Pro Tem Bradham ands second by Council Member Sillst to approve the MOU with the Town of Four Oaks for the development of the 1-95/1-40 Crossroads of America Economic Development Alliance, Inc. as presented. Motion unanimously approved. A copy of the MOU is incorporated into these minutes as Consider Engineering Services Agreement for Black River Wastewater Treatment Plant Expansion Study Public Utilities Director. Adams reminded Council thati in 2020, thel Black River Wastewater Treatment Plan (WWTP)) hada ana average dailyf flow that was greater than 80% oft the permitted treatment capacity which requires that the City begin planning for future expansion needs. Staff is proposing an engineering contract with DMP to provide planning and permitting services for the WWTP. The study will project 20-year wastewater treatment capacityneeds and upgrades required tor meet state and federal regulations. Itwilla also examine the improvements needed to utilize the current discharge location on the Cape Fear River (approximately: 3 miles of conveyance force main) and the second alternative shall examine the feasibility of relocating the discharge location tot the Black River whichi is adjacent tot the plant site. The cost proposed by DMP for this work is $86,500. After various questions from Council, information and comments were added After much discussion, motion by Council Member Gaulden and second by Council Member McLean to enter into an agreement with Davis Martin Powell for engineering and permitting services associated with the Black River Wastewater Treatment Plant Expansion Study and approve a budget amendment int the amount of$16,500. Motion unanimously approved. Ac copy oft the Agreement and Budget. Amendment (BA2022-04)is Public Utilities Director. Adams requested approval to move forward with a water line replacement project to replace the 12-inch water line on SI Elm Avenue from Cumberland to Bay Streeta and the 12-inch water line on EBays Street from Elm to! Magnolia Avenue. Within thel last couple of months, the City has experienced three water main breaks on the Elm Avenue 12-inch waterline. With each break, nearby residents have filed damage claims duet tot the: amount of water that is discharged into yards and underneath: homes. Also, there is approximately 4001 LF of 12-inch on EI Bay (connects tol Elm) that did not get replaced duringa a 2013 upgrade project. Staff recommends replacing this section on Bayt to complete this past project. Estimated engineering and construction costs is $1,100,000. $200,000 was budgeted int the 2021-2022 water and sewer operating budget for Bay Street (Magnolia tol Elm). Staff also recommends obtaining a 5-year loan for the $900,000 balance with ana annual payment estimated: at$ $195,000 with debt service tol begini inz 2022. Motionl by! Mayor Pro Tem Bradham and: second by Council Member' Turnage toa approve moving forward with the design and construction to replace the 12-inch water line onl Elm Avenue and Bay Streeta and approve an engineering agreement with Davis Martin Powell for the design, construction administration, and construction observation for the above referenced project. Motion unanimously approved. A copy of the Request to Advertise for Statement of Qualifications for a Water and! Sewer System Development Fee Assistant City Manager Boone presented request to move forward with a water and sewer system development fee study. System Development Fees (old term was impact fees) are one-time charges assessed tor new water and/ors sewer customers to recover up-front system capacity costs for using the plant capacity. NC General Statute 162A. Article 8p provides for the uniform authority toi implement system development fees for public water and sewer systemsi in! NC and gave local governments until July 20181 toc comply withi the law. Inj June 2018, the City of Dunn stopped charging impact fees and decided not to complete the study at that time. Witht the recent residential: and commercial interest int the city, staff feels thisi ist needed inj planning for growth and the need for additional capacity at both the water and wastewater treatment plant. The cost of Motion by Council Member Tart and second by Council Member Gaulden to approve for City Staff to move forward with advertising the RFQ and approval oft the resolution for the city to exempt itself from the Mini Brooks Act, since the contracti is expected to costl less than $50,000. Motion unanimously approved. A copy City Manager Neuschafer presented proposal to embark on the important initiative to modernize the City's development: related codes! by creatinga UDO, which will update our existing codes (Zoning, Subdivision and Flood Damage Prevention) and merge these regulations into a UDO that will: meet North Carolina State Statutes; become more user friendly and more consistent with document formatting; include form-based code elements; reduce and minimize inconsistencies, redundancies, and unnecessary cross-references; provide a modernized table of permitted uses; modify existing zoning districts, introduce potential new zoning districts and remove and replace outdated standards, definitions, and terminology. This engineering Motion by Council Member Sills and second by Mayor Pro Tem Bradham to approve the agreement for professional services for creatinga a Unified Development Ordinance from Stewart! Inc., and the: related budget amendment in the amount of $25,000. Motion unanimously approved. A copy of Budget Amendment City Manager Neuschafer reported on various water, sewer, street and: stormwater projects and studies that havel been completed and/ora approved, howt thej projects weref fundeda as well ast thej projects still needed.  Attachment: #5.  by/ Mike Slusser with) DMP.  incorporatedi into these minutes as Attachment: #6.  Approval of Water Line Replacement Project for SE Elm Ave and EBay St  agreementi is incorporatedi into these minutes as Attachment: #7. Study and Resolution tol Exemptfrom thel Mini-Brooks. Act  the studyi is estimated: at $35,000.  ofthel Resolution (R2021-27)1 is incorporated: into these minutes as Attachment #8.  Unified Development Ordinance (UDO) Proposal  studyy will costapproximately: $25,000a and take four or SOI months to complete.  (BA2022-05) isi incorporated. into these minutes as Attachment: #9.  Council Goals/Reports    180  Parks and Recreation Director McNeill gave an update on' Tart Park construction and Codrington Park plans fori improvement He also updated Council ont thes staffing andi maintenance issues with the swimming pool. Financel Director Roberts provided thei following financial report fort the period ending] July 31,2021: General fund and Water and Sewer fund combined was at $9,485,108 compared tol last year's total of Property Tax next payment should be around $20,000 for a total of approximately $3,940,000 for the 2020 tax year, which is approximately 5% over last year's budgeted amount. Total Taxes received Sales Tax Revenue for] July through May, were $2,389,338, increase of3.3% from the same time lasty year Building Permit Fees for the month of) July were: $19,113 and total collected last year was $170,467 or Water and Sewer Revenues for the month of July were $537,543, up 9.9% from last year's total of Generall Fund expenditures: inJ Julyy were $875,333 or 7.3% ofE Budget, compared to $ 817,988 last year. The Water and Sewerf fund expenditures inj July were! $307,859 or4 4.1% of budget compared to $334,042 Hea also reported onI Debt Service andl Liens and Assessments and updated Council ont the new utility! billing. 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 Mayor Elmore announced upcoming events and activities. Council Member Gaulden addedi information about Motion by Council Member McLean and second by Council Member Gaulden to enter closed session for the purpose toi instruct the staff concerning the negotiation oft the price and terms ofa contract concerning the acquisition ofr real property ina accordance with [N.C.G.S. 143-318.11()(5)). Motion unanimously approved. The meeting was reconvened and with no further business to discuss, motion by Council Member Sills and second by Councill Member Tartt toa adjourn the meeting at9 9:41 p.m. Motion unanimously: approved.  Administrative Reports $6,128,001.  throught the end ofMay were $4,400,234 comparedt to $4,183,387in 2020. Utilities Sales Taxes are reported quarterly with next report September 15.  whichy was $2,108,731. 170% ofb budget. $489,310. lastyear.  Thel benchmark: for this periodi is 8.33% ofbudget.  Report.  Announcements/Information  anu upcoming Backt to Schoole event beingh held at Codrington Park.  Mayor Elmore recessed the meeting at 9:06 p.m.  F 1 CORPORATE SEAL  Mayor - EKPA  Attest:  oruny W FECARO Tammy Williams, CMC City Clerk