Town Council Minutes Morehead City, North Carolina  Tuesday, April 9, 2024  The Honorable Council ofthe Town ofN Morehead City held its Regular monthly meeting on' Tuesday, April 9, 2024, in the Council Chambers at City Hall located at 1100 Bridges Street,  Morehead City, North Carolina. COUNCIL PRESENT: STAFF PRESENT:  Mayor Gerald A. Jones, Jr.; Councilmembers Richard Abell, George Ballou, Lee Stiles, William Taylor, and Harvey Walker. City Attorney Derek Taylor, City Manager Chris Turner, Finance Director/Assistant City Manager Jewel Lasater, Public Services Director/Assistant City Manager Daniel Williams, Police Chief Bryan Dixon, Deputy Police Chief September Tuttle, Planning and Inspections Director Sandi Watkins, Deputy Fire-EMS Chief Kane Johnson, Grant Officer Kelli Jones, Public Information Officer Anna Smith, Deputy City Clerk Carey Cooper, and City Maceo Donald of the Carteret County News-Times, Kathryn Metts of Downtown Morehead City, Inc., Thomas Abell, Steven Aloi, Pete Benton, Doug & LeeAnne Bolton, Heather Boney, Lauren Campbell, Craig & Gwen Clark, Tilden Collier, Skip Conklin, Luke Constanzi, Sheilah Cotton, Roger Counts, Roger & Morgan Crowe, Judy Dickinson, Beth Duff, John & Jamela Everhart, Zac & Susan Everhart, Holly Fletcher, Butch & Gail Gentry, Daniel & Patty Glasson, Kathy Glover, Stephen & Ruth Gooden, David & Cindy Goodwin, Michelle Hicks, Rita Hicks, Susan Holland, Ray Hopper, Tom & Cathy Howell, Scott & Amy Lewis, James & Marbeth Loynes, Brandon Lusch, Laural Leegins, Marcia Martin, Gloria McCarther, Larry Miller, Ann Montan, L.J. Palmer-Moloney, Ann Peal, Lela Faye Rich, Rose Rundell, Carolyn Schultz, Edward & Tina Slavin, Mark Strickland, Frank Styers, Bryan Timbrook, Diana Tootle, Steve Valentine, Jan Willis, Clark Wright, Terry & Celeste Young, and Donna  Clerk Cathy Campbell.  OTHERS PRESENT:  Youraine.  Mayor Jones called the Regular meeting of the Morehead City Town Council to order at 5:30 p.m. with a quorum present. Councilmember Ballou gave the invocation and Mayor Jones  led the pledge ofa allegiance. PRESENTATIONSRECONITIONS  Presentation of Resolution 2024-R-21 In Appreciation to Tony Moore  Morehead City" Town Council Regular Meeting April9,2024  1    Mayor Jones presented Resolution 2024-R-21 to Tony Moore in recognition of his retirement from the Town of Morehead City. Mr. Moore retired on April 1, 2024, as a Parks Maintenance Worker II after more than 17 years ofi faithful service to the Town. Mayor Jones stated that Tony took great pride in keeping the City beautiful for all who live in or visit the  Town ofl Morehead City.  Presentation of Resolution 2024-R-22 In Appreciation to Susan Davis  Mayor Jones recognized the retirement of Accounting Technician I Susan Davis who retired on April 1, 2024, and was unable to attend. Ms. Davis retired with more than 9 years Presentation of Morehead City Police Department 20241 Law Enforcement Risk Review Joseph Graziano, Public Safety Risk Management Consultant for the North Carolina League of Municipalities, appeared before the Council and presented the results of the Law Enforcement Risk Review conducted of the Police Department. He stated that the review is a comprehensive in depth overview of the Department's training procedures. He commended Administrative Support Manager Amy Thompson for her organizational skills and great attention to detail. He also mentioned the Department's strong leadership, suggesting that the Town Council should be proud of the Morehead City Police Department for taking steps to minimize risks. Mr. Granziano presented a plaque to Chief Dixon acknowledging the  off faithful service to the Town.  Department': S accomplishment. CONSENT AGENDA ITEMS  Mayor Jones asked ift the Council desired to make any changes to the Consent Agenda. The Consent Agenda generally consists of housekeeping items that have been previously discussed and recommended by the Council Committees for Council consideration.  Hearing no requests, Councilmember Ballou made a motion to adopt the Consent Agenda as presented. Councilmember Taylor seconded and the motion was carried  unanimously. (5-0)  Included within the Consent Agenda were the following approvals:  A. Approve the minutes of the March 12, 2024, Regular Town Council Meeting as  presented.  B. Accept the Finance Director and Tax Collector Reports as presented.  C.  Accept correction oft the February Tax Collector's Report as presented.  Morehead City" Town Council Regular Meeting Aprils 9, 2024  2    D. Accept the Notice of Ad Valorem Tax Overpayments in thé amount of $294.04 for the E. Approve the Requests for Refunds of Overpayment of Ad Valorem Taxes in the amount  month ofMarch 2024, as presented. of$0.00: for March 2024, as presented.  F.  Approve Correction oft the February 2024 Tax Refunds as presented.  G. Accept the Estimated Fund Balance Report as presented and recommended by the H. Adopt Budget Ordinance Amendment 2024-09 as presented and recommended by the  Finance and Administration Committee. Finance and Administration Committee.  I. J.  Adopt Governmental Capital Project Budget Ordinance Amendment 2024-10 as presented and recommended by the Finance and. Administration Committee. Adopt Municipal Campus Capital Project Budget Ordinance Amendment 2024-11 as presented and recommended by the Finance and. Administration Committee. K. Adopt Municipal Campus Capital Project Budget Ordinance Amendment 2024-12 as presented and recommended by the Finance and. Administration Committee. L. Adopt Resolution 2024-R-16, endorsing the Big Rock Kids Billfish Fishing Tournament and authorizing action necessary for the event to be held July 9-14, 2024, on the Morehead City Waterfront as presented and recommended by the Parks and Recreation  Committee.  M. Adopt Resolution 2024-R-17, endorsing the Chris Perri Memorial Billfish Fishing Tournament and authorizing action necessary for the event to be held May 9-12, 2024, as presented and recommended by the Parks and Recreation Committee.  N. Adopt Resolution 2024-R-18, endorsing the Military Appreciation Day event and authorizing action necessary for the event to be held May 31 - June 1, 2024, in Downtown Morehead City as presented and recommended by the Parks and Recreation  Committee.  O. Adopt Resolution 2024-R-19, authorizing Riverfront Sports and Entertainment Group, Inc. to conduct three (3) firework displays at Big Rock Stadium/O'Neal Field between the dates ofMay 23, 2024, and August 6, 2024, with] provision for a fourth display during the playoff game and potential rain dates as presented and recommended by the Parks Adopt Resolution 2024-R-21 in appreciation to Tony Moore upon his retirement from  and Recreation Committee.  P.  Morehead City Town Council Regular Meeting April 9, 2024  3    the Town of Morehead City. the Town of Morehead City.  Q. Adopt Resolution 2024-R-22 in appreciation to Susan Davis upon her retirement from The above ordinances are filed in Ordinance Book #9; Resolutions are attached. to and made a  part of the minutes herein. PUBLIC: HEARINGS  Consider Adoption of Ordinance 2024-0-01, Approving the Contiguous Annexation of 5403 Business Drive (PIN #6366012718890) and one Unaddressed. Parcel (PIN  63660128812000) on Business Drive.  Mayor. Jones opened thej public hearing and called upon Planning and Inspections Director Sandi Watkins to introduce the request. Ms. Watkins advised that staff received and reviewed a request from Thel Ramsey QOZB, LLC, to annex 5043 Business Drive (PIN #636601271889000) and one unaddressed parcel on Business Drive (PIN #636601288120000. This is the remaining 9.76 acres oft the James Jones and J.M. Willis Land Subdivision. This property is contiguous to thej present city limits and is zoned CH (Highway Commercial): District. Approximately 4.2 acres ofthe subdivision is already located within the city limits. The Town Council approved the nine (9) unit subdivision in. January 2024, contingent upon annexation ofthe remaining portion ofthe  site.  The City Clerk investigated the petition and found as fact that the petition is signed by all owners of real property lying in the areas described in accordance with NCGS 160A-31(c). Notice of this public hearing was published in The Carteret County News Times once on Wednesday, March 20, 2024. Notice was also placed on the City's website, on the bulletin  boards in City Hall, and signs were posted on the property.  Atthistime, Mayor. Jones invited anyone who wanted tos speak ini favoroforino opposition  to the text amendment to come forward. PUBLIC COMMENTS  Seeing that no one came forward to speak either in support of or in opposition to the Councimember Taylor then made ai motion toa adopt Ordinance 2024-0-0lapproving the contiguous annexation of 5043 Business Drive (PIN #63660127188900) and one unaddressed parcel on Business Drive (PIN #63660128812000) as presented. Councilmember Abell seconded the motion, and the motion was carried unanimously. (5-0)  request, Mayor Jones closed the public hearing.  Ordinance 2024-0-01 is filed in Ordinance Book #9 Morehead City" Town Council Regular Meeting April 9, 2024  4    Consider Adoption of Ordinance 2024-0-04, Approving the Rezoning of113Lake. Avenue (Tax PIN 636615732771000) from CM(Commercial Marina) District to 0&P-CZ(Office & Professional Conditional Zoning) District and Resolution 2024-R-20 of Plan  Consistency in Accordance with NCGS 160D-605 for Map Amendment.  Mayor. Jones opened the public hearing to consider ai request from The Cullipher Group, P.A., on behalf property owner Peletier Partners, LLC, to rezone 113 Lake Avenue (Tax PIN #636615732771000) from CM (Commercial Marina) District to 0&P-CZ (Office & Professional - Conditional Zoning) District and called upon Planning and Inspections Director Sandi Watkins to introduce the request. Ms. Watkins reported that the property is surrounded by multi-family and single-family dwellings, as well as Planned Development (PD), Commercial Marina (CM), and Office & Professional (0&P) zoning. It is located in the Midtown Neighborhood planning area and is classified as Neighborhood Residential on the  Future Land Use Map.  The current allowable uses for the existing zoning designation were presented on the screen. As a condition of approval, uses on the property would be limited to dwelling, multifamily, accessory building use, recreation use, nonconforming outdoor marina, and signage. A total ofnine (9) units are proposed within two (2) buildings. Parking and landscaping have been evaluated as shown on the plan. The primary access to the property would be from Lake. Avenue with two (2) additional easement accesses. Additional permits and approvals may  be required.  On March 19, 2024, the Planning Board conducted a detailed review of the request and a draft Consistency and Reasonableness: Statement has been provided. The Planning Board unanimously recommended approval with conditions that the applicant has approved. Nathan Chambers made the motion that was seconded by Curtis Oden. A draft of the Planning Board Staff Report containing the list of conditions and a copy of the approved Planning Board  resolution were included in the meeting packet for review.  Notice oft this Public Hearing date was published in accordance with G.S. 160D-601 in The Carteret County News-Times, once each week for two (2) consecutive weeks on Sundays, March 24, 2024, and March 31, 2024. In addition, the notice was posted on the bulletin boards in City Hall and on the City's website, and signs were placed upon the property. Abutting property owners were notified in writing of the Planning Board meeting, as well as the date of  this public hearing.  Mark Strickland explained that although Peletier Partners is listed as the developers, they are not developers in the traditional sense. They are local residents to whom the marina holds as special meaning and the proposed plan was developed with great care. He stated that they formed a partnership to build a small development that would fit well with the surrounding properties. He stated that this is an. hour-glass shaped property that dictatedac condominium style development. The plan calls for small buildings to be placed in the back with three (3) larger buildings at the front along the waterfront. The property has nine (9) existing boat slips,  Morehead City Town Council Regular Meeting April9,2024  5    therefore, they desired to provide nine (9) housing units. They will seek to save the beautiful  existing trees. They plan to use a local architect and contractor.  Mr. Strickland stated that they are mindful of the surrounding neighbors. Although the proposed zoning would allow a maximum height of70 feet, they chose tol limit their roofline to 50: feet, and they are proposing only nine (9) housing units per acre rather than the 12 allowed. He commended the Planning Stafff for their helpfulness. They are requesting a variance to raise  the height to 63 feet to accommodate an elevator.  Mr. Strickland shared that he had many conversations with Frank Styers, owner of115 and 117 Lake Avenue, and has spoken with representatives of Mariners Cove. In addition, he met with approximately 25 residents ofHarborside Towers last week to answer their questions. Steve Valentine, another member of Peletier Partners, shared that the elevator is needed Attorney Taylor corrected the terminology, stating that what is requested is not a variance, but a change to condition #9 The development height will be capped at 50j feet above  toi reach ai rooftop terrace that will be placed on the top ofthe building.  the average finished grade, to allow al height of 63 feet for the elevator.  PUBLIC COMMENTS  Frank Styers, 117Lake. Avenue: Mr. Styers stated that he and his sister, Laural Leegins, have property that abuts the subject property (113,1 115, and 117 Lake Avenue). He presented three (3) pictures of the Lake Avenue property showing a driveway that runs to the end ofhis property, where a marine railway is located. One of the pictures, he said, was taken in the late 1970's. He reported that the deed to his property includes an access easement over the driveway that also provides access for water/sewer utilities. Their family and customers have used this driveway for 40 years for their business. He expressed concern that the proposed plan appears to cut off the end of the driveway with landscaping, preventing access to the railway, and recommended that it would be better to allow the landscaping to follow along the existing  roadway.  Laura Leegins, 115Lake Avenue: Ms. Leegins pointed out that the condomintums, as Shelia Cotten; 4425 Arendell Street: Ms. Cotton shared that she is an owner at Harborside Club and is speaking as a: representative oft the other 63 property owners. Ms. Cotton said that the Harborside property owners believe this conditional zoning hearing is premature and the preliminary plan raises serious concerns. She stated that one building is proposed to be located within 50 feet of their building which raises concern about where the pilings will be driven and the stress that driving the pilings will have on the foundation of their building and their swimming pool. She questioned why the elevation, water and environmental concerns, and  drawn on the plan, are touching the driveway.  Morehead City Town Council Regular Meeting April 9, 2024  6    stormwater are not addressed during this phase of development. It is their opinion that this  development is too large and too tall tol be built SO close to other buildings.  Mayor Jones advised that the City received written notification that neither Neil Whitford, the applicant's attorney, nor Ron Cullipher, the applicant's engineer, could be present tonight. At this time, Mark Strickland requested that the hearing be continued to the May 14,  2024, Town Council meeting to allow their technical experts to speak.  Councilmember Taylor then made ai motion to recess and continue the public hearing until the May 14, 2024, Town Council meeting. Councilmember Stiles seconded the motion,  and the motion was carried unanimously. (5-0)  OLDE BUSINESS  Consider Adoption of Ordinance 2024-0-03. Approving the Rezoning of 300 Bryan Street (Tax PIN# 636613044567000) from R-20 (Single-Family Residential) District to PD (Planned Development) District and to Approve the Sketch Development Plan for Spooner's Cove, Planned Development, and Resolution 2024-R-07 of Plan Consistency in  Accordance with NCGS 160D-605 for Map Amendment.  Mayor. Jones reminded the Council and audience that a decision on the request submitted by The Cullipher Group, P.A., on behalfofapplicant Spooner'sCover, LLCandj property owners Mary Lynne Osteen and Faith Ann Eure Matthews, to rezone Tax PIN #636613044567000 located at 300 Bryan Street from R-20 (Single-Family Residential) District to PD (Planned Development) District and to approve the Sketch Development Plan for Spooner's Cove was tabled until this meeting in hopes that the applicant and opposing parties could reach a  compromise regarding the key areas of concern.  Clark Wright came forward to speak on behalf of applicant Zac Everhart, saying that no resolution was reached because only one oft the opponents offered aj proposal and such proposal would require them to start over. He stated that thej proposal required that the commercial lot be omitted from the plan which changes the use oft the property; thereby, triggering other action. At this time, City Attorney Derek Taylor cautioned against speaking about subjective issues. Mr. Wright continued saying that although Mr. Everhart would remain open to working with everyone, he asks the Council to act upon the rezoning request as presented.  Councimember Taylor, as Chairman of the Planning Committee, stated that he was disappointed that the effort to reach a compromise did not take place in good faith. He based this on the proposal that was presented by the opposing party requiring that the number of housing units be reduced by 25%, the: number ofboat slips bei reduced by 50%, and that the boat lifts and the commercial lot be eliminated, which he believed would eliminate the developer's profit margin. He also felt that it would have been responsible for Mr. Everhart to respond to the proposal that was received. Councilmember Taylor continued, noting that the Planning  Morehead City Town Council Regular Meeting April 9, 2024  7    Board agreed that it was a well-thought out plan and was reasonable for the proposed location. Details about what Coastal Area Management Act (CAMA) will allow and what the Department ofTransportation (DOT) might do to address traffic concerns are not part oft the considerations for this phase of development. Planning and Inspections Director Sandi Watkins confirmed that these approvals are: not required until the Site Development Master Plan phase of development. Stating that nothing would be accomplished by another delay, Councilmember Taylor made a motion to adopt Ordinance 2024-0-03 approving the rezoning of300 Bryan Street from R20 (Single Family Residential) District to PD (Planned Development) District and to approve the Sketch Development Plan for Spooner's Cove. Councilmember Abell seconded the motion and the motion was carried by majority vote. (4-1; Stiles was opposed) Making the second, Councilmember Abell stated that this is a sketch plan subject to additional changes and he quoted Planning Board member Nathan Chambers' comment made during the February 21, 2024, Planning Board meeting, "This neighborhood willl be unique from the neighborhoods it abuts due to the fact that it is being developed nearly 70 years later."  City Attorney Taylor called attention to the fact that the resolution of plan consistency Councilmember Taylor made a motion to adopt Resolution 2024-R-07 of Plan Consistency in accordance with N.C.G.S. 160D-605 for Map Amendment. Councilmember Abell seconded and the motion was carried by majority vote. (4-1; Stiles opposed)  was not included ini the motion and needed to be adopted.  CITY MANAGERS REPORT  Mr. Turner shared that the website for the Advance Morehead City project, the Unified Development Ordinance (UDO) update project, has been launched and can be found at abasmaissivan This website will house all pertinent information: regarding the project including scheduled meetings and public forums, the project schedule, and information  on how the public can engage.  The gth Street/Shepard Street Stormwater project is underway. Staff has been actively engaged in notifying surrounding property and business owners, as well as special event  organizers that will be displaced by the project.  The Town Council was reminded oft the budget meetings scheduled for Tuesday, May 7, 2024, and Tuesday, May 14, 2024, from 2:00 - 5:00 p.m., and the budget public hearing  scheduled for June 11,2024, beginning at 5:30 p.m.  Mr. Turner announced that the Popular Annual Financial Report (PAFR) is available in digital and print formats. He commended the Finance staff, especially Finance Director/Assistant City Manager Jewel Lasater, on the production oft the report. He encouraged council members to pick up copies to share with citizens and stakeholders. He shared that the  Morehead City Town Council Regular Meeting April 9, 2024  8    Government Finance Officers Association oft the United States and Canada (GFOA) established the Popular Annual Financial Reporting Awards Program (PAFR Program)inl 1991.Thej purpose of the PAFR Program is to encourage and assist state and local governments to extract information from their annual comprehensive financial report to produce high quality financial reports specifically designed to be accessible and easily understandable to the public and other interested parties who may not have a background in public finance, and then to recognize individual governments that are successful in achieving that goal. Mr. Turner was proud to report that Morehead City is unique int that iti ist the only local government unit in Carteret County  toj provide this detail to the public.  In closing, Mr. Turner announced that the Crystal Coast Boots & Badges fund raiser event will be held on Saturday, April 13, 2024. This year the event will feature two attractions: al benefit ride that will begin at] Rotary Park beginning at 9:00 a.m., and a softball game that will begin at Big Rock Stadium at 3:00 p.m. The gate will open at 2:00 p.m. The cost to participate int the benefit ride is $25 per vehicle/driver and $5 for each additional passenger. Tickets for the softball game are $10 per person. Admission will be free for those who pre-purchased and are wearing at team t-shirt. All proceeds will go toward support oft three-year old Tucker Honeycutt, who is battling al brain stem tumor. He is the son ofa Carteret County Sheriff's Deputy.  CITIZEN REOUFSIS.COMMENTS (3 Minute Time Limit)  Luke Costanzi, 117 Cedar Road, Pine Knoll Shores: Mr. Costanzi commented on how welcoming and open City staffi is to having open conversations. He encouraged everyone  to get involved in the UDO: rewrite process.  Lauren Campbell, 106 Jade Street, Beaufort: Mr. Campbell, an Air Force Veteran, introduced her service dog, Croaker, and shared some of the challenges that "dog friendly" businesses and public buildings create. She stated that it is not uncommon for non-service dogs to act aggressively toward service dogs which puts them on high alert and distracts them from the duty they are trained to perform. For this reason, she is prevented from shopping in these businesses unless she has someone else with her to help navigate away from other dogs. She stated that she was most surprised when she visited the Morehead City Library to be greeted by adog that acted aggressively and when she mentioned it to library staff, she was met with al less than a friendly response and was told that the other dog is in the library every day with no  previous issues.  Ms. Campbell reported that it costs approximately $50,0001 tol havea a service dog properly trained and therefore, she is starting a non-profit to help raise money to assist other veterans in obtaining properly trained service dogs. Her non-profit will also work to make businesses aware ofthe challenges created by "pet friendly"policies and tol keep non-service dogs at the dog park. Heather Boney, CCED Community Services Instructor for Carteret Community College: Ms. Boney came forward stating that it is coincidence that she happen to be present tonight, but that she can speak to the integrity and authenticity of Ms. Campbell's statements.  Morehead City" Town Council Regular Meeting April 9,2024  9    She said that she has had several interactions with Ms. Campbell and can confirm that Ms.  Campbell is conscientious and Croaker is in fact a needed medical device.  Clark Wright, 109 Pollock Street, New Bern: Mr. Wright, also a veteran, having been deeply touched by Ms. Campbell report, came forward to offer her any help she may need.  COUNCIL COMMENTS  Councilmember Abell commended the Finance Department for the development of the Councimember Taylor also congratulated the Police Department and thanked everyone who participated in Unified Development Ordinance (UDO) project public forums. He stated that the current UDO is 30 years old and needs to be updated to align with modern practices. He  PAFR and the Police Department for their successful risk review.  encouraged others to get involved.  Councilmember Stiles thanked everyone for coming and thanked Tony Moore for his 18 years of service. He then explained the reason he voted in opposition to the Bryan Street rezoning and Sketch plan saying that it was because he has concerns about the traffic that it will generate and he wants answers from NCDOT before making a final decision. He noted that it is awell thought out development with great amenities. In closing, Councilmember Stiles asked everyone to keep those that recently lost loved ones in their thoughts and prayers, mentioning Sally Lumpkin, Fire Chief Courtney Wade, and Parks and Recreation Director Jessica Mayo. Councilmember Ballou congratulated the Police Department and asked everyone to keep our law enforcement officers in their prayers as they continue to make sacrifices to keep us safe. Councilmember Walker congratulated the Police Department and assured Ms. Campbell that her concerns had been heard. He then asked the City Manager to address the issues reported by her tonight. Mr. Turner assured him that the issue would be fixed immediately.  Mayor Jones asked the City Manager to have staff provide a Sketch Plan 101 refresher for the Town Council during the upcoming budget meetings. He announced that he was happy toj participate in the celebration of Ms. Vera Watson's 100 birthday at the Edgewater Hotel on Saturday, May 4, 2024. He shared that Ms. Watson poured out her love in service to this APPROVETHE) FEBRUARYI3202.CLOSEDSESSION MINUTES. ASI PRESENTED Councilmember Stiles then made a motion to approve the February 13, 2024, Closed Session Minutes as presented. Councimember Ballou seconded the motion, and the motion  community and it was aj privilege to honor her.  was carried unanimously. (5-0)  Morehead City Town Council Regular Meeting April9,2024  10    ADJOURNMENT  There being no other business to discuss, Mayor. Jones adjourned the meeting at 6:43  p.m.  Mayor  Attest:  E  858  CatpCanpua Cathy Campbe!l, City Clerk  Morehead City" Town Council Regular Meeting April 9, 2024  11