National Day of Prayer Proclamation c. Recognition of Citizens Involved with Clayton Roadside/Litter Cleanup Cover - Clayton Cleanup Recognition

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1 The Town Of Clayton Regular Town Council Meeting Agenda Monday, May 2, 6:30 PM Council Chambers 1. CALL TO ORDER Pledge of Allegiance and Invocation 2. ADJUSTMENT OF THE AGENDA 3. CONSENT AGENDA (Items on the consent agenda are considered routine in nature or have been thoroughly discussed at previous meetings. Any member of the Council may request to have an item removed from the consent agenda for further discussion.) a. Draft Minutes - April 18, 2016 Cover - Draft Minutes April DRAFT Minutes b. Warranty Acceptance - Summerlyn, The Meadows, Phase 5, 6, & 7 Cover - Warranty Acceptance - Summerlyn, The Meadows Phases 5 6 & 7 Warranty Acceptance - Summerlyn c. National Police Week 2016 Proclamation Cover - National Police Week Proclamation d. Proclamation - National Day of Prayer Cover - Proclamation - National Day of Prayer POTENTIAL ACTION: Approval of Consent Agenda as Presented 4. INTRODUCTIONS AND SPECIAL PRESENTATIONS a. Presentation of 2016 Police Week Proclamation Presenter: Jody McLeod, Mayor 2016 Police Week Proclamation b. Presentation of National Day of Prayer Proclamation Presenter: Jody McLeod, Mayor National Day of Prayer Proclamation c. Recognition of Citizens Involved with Clayton Roadside/Litter Cleanup Cover - Clayton Cleanup Recognition Page 1 of 63

2 5. ADMINISTRATIVE ITEMS a. Resolutions Authorizing Johnston & Wake Counties to Collect Taxes Cover - Resolutions Authorizing Collection of Taxes Resolution Authorizing Johnston County to Collect Taxes 2016 Resolution Authorizing Wake County to Collect Taxes 2016 POTENTIAL ACTION: Place on May 16, 2016 Consent Agenda 6. PUBLIC HEARINGS a. Special Use Permit E Main Lounge - Proposed Cocktail Lounge SUP Presenter: Planning Department Cover - Special Use Permit E. Main Lounge SUP Application SUP Staff Report SUP Staff Report Map SUP Site Plan SUP Neighborhood Meeting SUP Neighborhood Meeting Minutes SUP Newspaper Ad SUP Approval SUP Motion Form SUP POTENTIAL ACTION: Approval/Disapproval SUP 7. OLD BUSINESS a. Resolution - Malt Beverage Referendum Cover - Malt Beverage Referendum Resolution - Malt Beverage Referendum POTENTIAL ACTION: Approval/Disapproval b. Resolution - Declaring Annex Building as Surplus Property Presenter: Steve Biggs, Town Manager Cover - Declare Annex Building as Surplus Property Resolution Declaring Annex Building as Surplus Property POTENTIAL ACTION: Approval/Disapproval Resolution # NEW BUSINESS a. Economic Infrastructure Grant Presenter: Steve Biggs, Town Manager Cover - Economic Infrastructure Grant Resolution - Economic Infrastructure Grant Page 2 of 63

3 POTENTIAL ACTION: Approval/Disapproval Resolution # STAFF REPORTS a. Town Manager b. Town Attorney c. Town Clerk d. Other Staff 10. OTHER BUSINESS a. Informal Discussion & Public Comment b. Council Comments 11. ADJOURNMENT Page 3 of 63

4 TOWN OF CLAYTON TOWN COUNCIL AGENDA COVER SHEET AGENDA LOCATION: Consent Meeting Date: May 2, 2016 ITEM TITLE: Draft Minutes - April 18, 2016 DESCRIPTION: Draft minutes from the April 18, 2016 Town Council meeting are presented for consideration of approval. POTENTIAL ACTION: DEPARTMENT: Administration PRESENTER: Kimberly A. Moffett Town Clerk ITEM HISTORY: Date: Action Taken: Information Provided: Date: Action Taken: Information Provided: Page 4 of 63

5 The Town Of Clayton Town Council Work Session Meeting Minutes Monday, April 18, 6:30 PM Council Chambers COUNCIL PRESENT: Mayor McLeod Mayor Pro Tem Grannis Council Member Satterfield Council Member Lawter Council Member Holder Council Member Thompson COUNCIL ABSENT: 1 CALL TO ORDER a) Pledge of Allegiance and Invocation STAFF PRESENT: Steve Biggs, Town Manager Nancy Medlin, D/Town Manager Katherine Ross, Town Attorney Kimberly Moffett, Town Clerk David DeYoung, Planning Director Robert McKie, Finance Director Stacy Beard, Public Information Officer Jay McLeod, Planner R.W. Bridges, Police Chief Catherine Whitley, HR Director John Hamlin, A/Public Information Officer The meeting was called to order at 6:34 p.m. Mayor McLeod led everyone in the Pledge of Allegiance as well as offering the Invocation. b) Special Performance of the National Anthem by Clayton High School Members of the North Carolina All-State Choir Members of the North Carolina All-State Choir performed a beautiful version of the National Anthem. 2 ADJUSTMENT OF THE AGENDA DRAFT 3 CONSENT AGENDA (Items on the consent agenda are considered routine in nature or have been thoroughly discussed at previous meetings. Any member of the Council may request to have an item removed from the consent agenda for further discussion.) a) Draft Minutes - March 21, 2016 and April 4, 2016 ACTION: Motion: Second: Vote: Approval of Consent Agenda as Presented Council Member Holder Council Member Thompson Unanimous Page 5 of 63

6 4 ADMINISTRATIVE ITEMS a) Warranty Acceptance - Summerlyn, The Meadows, Phase 5, 6, & 7 ACTION: Placed on May 2, 2016 Consent Agenda b) National Police Week 2016 Proclamation ACTION: Placed on May 2, 2016 Consent Agenda 5 INTRODUCTIONS AND SPECIAL PRESENTATIONS a) North Carolina All-State Choir Stacy Beard, Public Information Officer, shared information regarding the Clayton HS students who are part of the North Carolina All State Choir. She provided background information regarding the audition process. She stated there are a total of 900 students across the state that are part of the All State Choir. The choir will be performing at the Raleigh Memorial Auditorium. Certificates of Appreciation were presented to each student by Mayor McLeod. All members of the Council offered their support and acknowledged the amazing talent of these students. b) Arthritis Study - UNC Presenter(s): Larry Bailey, Parks & Recreation Director and Chris Mygrant, WE-CAN Osteoarthritis Study Mr. Larry Bailey, Parks & Recreation Director introduced Chris Mygrant. Background information about the UNC Osteoarthritis Study known as WE- CAN, Weight Loss and Exercise for Communities, was provided.. The Clayton Community Center will serve as a site for study groups in Johnston County. This study will be for those folks who are experiencing arthritic pain as well as desiring a weight loss. Previous study groups indicated improvement in areas of decreased joint loads, lowering of inflammation and pain. Recruitment will begin shortly for participants. Each participant will receive a clinical exam as well and nutritional and exercise classes.each study group will last for a total of 18 months. All study groups will remain small and it anticipated that there will be numerous study groups that will have staggered start dates. Follow up study information will be provided. DRAFT c) Public Art Advisory Board - Sculpture Tour Presenter: Jason Hardy, Public Arts Advisory Board Chair Jason Hardy, who serves as Chair of the Public Arts Advisory Board was present and shared upcoming sculpture trail selections. They are as follows: Life by Adam Walls will be placed at the Front Street Roundabout Tree by Adam Wall will be placed at the Spring Branch Medical Park Oasis by Cathy Perry will be placed in Horne Square - Lombard Street Side Bare Bones by Christina Vagn Hansen will be placed in Horne Square West Side April 18, 2016 Minutes Page 6 of 63

7 Harlequin by Christina Vagn Hansen will be placed in Horne Square In Motion by Hanna Jubran will be placed in Town Square - Fayetteille Street Side Last Dance by Hanna Jubran will be placed in Town Square - O'Neil Street Side Motion #3 by Hanna Jubran will be placed at the Clayton Community Center Fly Me To The Moon by Jordan Parah will be placed at the Hocutt Ellington Memorial Library Harmonious Balance by Jordan Parah will be placed in Horne Square Center Additionally two alternatives were selected; Twisting Tree by Michael Russell and Farmstead by Rudy Rudisill. Mr. Hardy reminded everyone there will be a Spring Art Walk that will take place on Saturday, April 30, 2016 from 1-4 p.m. The bird art project along the greenway will be taken down and some the art pieces will be available for sale. Replacing the bird art project will be the fish art project. There are a total of 130 art pieces that will be placed. Most pieces will be placed along the greenway trails, however, some of the art pieces will be placed downtown. Mr. Hardy offered his appreciation and thanks to Jane Roberts who served as the coordinator for these projects. He stated her assistance was invaluable. Council Members all offered their thanks and appreciation for all amazing work that has been done by the Public Arts Advisory Board. Clayton is unique and now recognized as an arts community in part to all the dedication of this board. Mr. Biggs gave brief history of desire for Clayton and the arts. He offered his sincere appreciation for the assistance provided in making this vision become a reality. Mr. Hardy also shared information regarding the upcoming Clayton Center Window Public Art project where artists will repurpose some of windows recently removed the Clayton Center. The theme will be a view into the past and the future of Clayton. It is anticipated these pieces will be located all around the town. d) Proclamation Request - National Day of Prayer Presenter: Angela Williams, Interstate Ministries of Clayton Ms. Angela Williams of Interstate Ministries in Clayton was present and requested a Proclamation be issued recognizing May 5, 2016 as National Day of Prayer. ACTION: Placed on May 2, 2016 Consent Agenda e) Pay and Classification Study Presenter: Becky Veazey, MAPS Group DRAFT Mr. Biggs introduced Becky Beazey and shared the twenty year history and April 18, 2016 Minutes Page 7 of 63

8 background between MAPS and the Town of Clayton. The purpose of these studies to evaluate that Town of Clayton employment grades are relative to the current market. Ms. Veazey stated this was the second phase of the study that began last year. She emphasized the study is about jobs and duties and comparing them to the current market and making recommendations for adjustments. She also shared information that those positions indicating recommendation for increase in classification are currently considered behind market. These recommendations in essence would be catching up to the current market and not be considered an increase.. A total of 61 positions were evaluated with 41 positions recommended for an upgrade, 16 positions remained the same and 4 were recommended to be lowered. The largest adjustment is 4 pay grades. Should all recommendations be implemented total salary dollars would equal $95,339. Mr. Biggs advised Council this information would be incorporated into the budget for Council review and consideration, with no need for any action to be taken at this time. f) Clayton Police Department Annual Report Presenter: Chief R.W. Bridges, Clayton Police Department Chief Bridges shared offered an annual report for the Clayton Police Department. Some of the highlights included a overall decease of 5.61% in crime index, hiring of two new Police Officers, hiring of one new civilian staff member, attainment of numerous professional certificate awards as well as numerous departmental awards and recognitions. Additionally Clayton Police Department received Gold Standard Re-Accreditation Award with Excellence from CALEA. Two officers were promoted to the rank of Sergeant. In 2015 the Clayton Police Department investigated a total of 734 traffic accidents, while the total number was increased from the previous year there was a slight decreased in injuries resulting from the accidents. There was a total of 6 pursuits reported in It is Department policy that all pursuits are documented and reviewed. There was a total of 31,364 calls for service in 2015 which is 4,418 more calls than handled in In 2015 a total of 11 complaints were received, this number represents those received from citizens as well as those initiated internally. Chief Bridges briefly discussed the constant check kept on bias based policing. All internal, FBI and CALEA checks indicated our Police Department is in a very good place. DRAFT Mayor Pro Tem Grannis thanked Chief Bridges for the informative report and stated how pleased he was with all the progress. Council Member Lawter offered his thanks and appreciation for all the hard work and dedication offered by on a daily basis by all members of the Police Department. g) Community Development/Planning Annual Report Presenter: David DeYoung, Planning Director Mr. DeYoung provided a copy of the annual report for He reported on the many changes seen in the Community Development Section to include the creation of new office spaces. Mr. DeYoung stated the Code Enforcement Section to include zoning and nuisance enforcement is doing extremely well. April 18, 2016 Minutes Page 8 of 63

9 He stated that Downtown Development has seen many changes during the past year and continues to be extremely busy with special events, economic development and maintenance of the Main Street Program. There were discussion regarding census and projected figures as below Census - 16, Census - 18, Approximate Population - 18, Projected Population - 21, Projected Population - 28, Projected Population - 39,118 Planning Department has seen increase in applications over the past 5 years with a small decrease seen in Several large projects were completed in 2015 and include the 2040 Comprehensive Plan, LAPP plans to include Pedestrian Connector and Sam's Branch Greenway Phase 2. We have been approved by CAMPO, NCDOT and Federal Government for the construction for Phase 2. Additional grant applied for is the Johnston County Tourism Grant for bicycle station. Another project underway is the Neighborhood Planning Effort and draft report for Cooper neighborhood will be available in the next couple of months. Discussed increase of zoning compliance permits and zoning enforcement. With regarding to nuisance enforcement there was approximately a 300% increase in request for service. Our officers are working with residents and business owners to come into compliance without fining for violations. Downtown Development is focused on special events and wayfinding signage. Several special projects that took place were bike racks at the Library, Town Hall and All Star Park. Also discussed was the shared parking lot project between Clayton Center and Horne Memorial. There will be a total of 18 additional spaces that can be shared. Construction will begin shortly, following completion of the current window project taking place. DRAFT Mr. Grannis thanked Mr. DeYoung for this excellent report. h) 540 Route Selection Update Presenter: David DeYoung, Planning Director Mr. DeYoung provided an update and stated after the completion of second round of studies the orange, green and mint green routes have been selected. These routes were chosen as they were supported by numerous local governments, had the minimal impact on relocation of homes, and avoided impact to Swift Creek and Clemmons Educational State Forest. Mr. DeYoung stated he believed this was the most advantageous route for the Town of Clayton. Mayor McLeod stated he was excited about the opportunity and convenience. It will offer additional options to allow folks to get to Clayton as well as getting from Clayton to other local areas. April 18, 2016 Minutes Page 9 of 63

10 6 PUBLIC HEARINGS 7 ITEMS SCHEDULED FOR THE REGULAR MEETING a) Malt Beverage Committee Report Presenters: Nancy Medlin, Deputy Town Manager and Ruth Anderson, Committee Member Nancy Medlin shared information regarding the committee and history. This committee was formed based on resident request that Council look at current malt beverage regulations. Members of committee were Nancy Medlin, Michael Grannis, Chief Bridges, Haley Hogg and Ruth Anderson. Committee members looked at the history of malt beverage referendum, weighed merits of request, zoning issues, law enforcement concerns, administrative cost and community impact. In March of 1997 Clayton residents approved the sale of malt beverage in Class "A" restaurants, In May of the same year, Johnston County held a referendum regarding liquor by the drink which passed and sale of malt beverage "off" premises, but this did not pass. It was noted that there is no conflict with our UDC and there are no additional requirements with law enforcement. The administrative portion would include providing a written request to the Board of Elections. The cost to place such a referendum on the ballot would be minimal, approximately $500. Committee member Ruth Anderson who served on the committee stated the committee felt we were on the cusp on developing into a destination location. She felt was important that the malt beverage would close the loop for us to keep our downtown vibrant and growing. It is the recommendation of the committee that a question be added to ballot that would allow both "on" and "off" premises sale of malt beverages. Mayor McLeod thanked the committee. ACTION: DRAFT Placed on May 2, 2016 Agenda b) Special Events Policy Presenter: Nancy Medlin, Deputy Town Manager Ms. Medlin provided background regarding the Special Events Policy. At the 2015 retreat, this item was identified as one that needed additional review. The specific request was to look at the programming for outside agencies and use of town facilities and town staff. A copy of the proposed policy was provided. The intent of the policy is to provide uniformity and consistency. While all proposed events were presented to a Special Events Committee, an adopted policy has not been in place. An in depth discussion took place regarding the proposed policy. It was stated that events that are to be held at the Clayton Center, Library, Parks & Recreation Programs, small birthday parties, etc., were not made part of the policy. Policies from neighboring April 18, 2016 Minutes Page 10 of 63

11 municipalities were researched to help in the development. Discussed was the current impact to town resources. Currently special event support consumes over 3,300 of staff time on an annual basis. This policy is not intended as a revenue source or even to recover all town costs, but rather to defray a portion of the staff support provided to numerous events. Discussed was staff support offered for different type and class of events, limiting number of types of events held on an annual basis and costs for each type of event. It was stated there would be different costs for in town and out of town residents, which is a direct value tie in to tax dollars. It was also stated that the proposed fees are in line with other municipalities. Mr. Biggs stated that no council action was requested but rather to bring this item back to the next work session for additional conversation. Mr. Biggs addressed the fact that a good portion of staff time devoted to events are the property maintenance folks. The goal of the town is to maintain the excellent job this team done with regard to cleanliness of our town. We are finding that with so many events there are times we are competing with our goals. Council Member Satterfield asked that additional information be provided for what actual cost might be for 2 or 3 different type of events or in town versus out of town residents. There was brief discussion about possible issue of having someone in town apply for permit to save money. It was stated the person that applies for the permit agrees to be completely liable and responsible for the event. Council Member Holder stated he felt we needed to be slow in any changes and give much thought to any changes. Council Member Lawter agreed and stated he believed it was prudent to obtain input from those who currently sponsor/hold larger events in town. Mayor Pro Tem Grannis stated he felt it was important to take into account the events that bring folks to town but also felt it was not unreasonable to charge for events that are not town sponsored, especially when we are simply recouping costs. ACTION: Placed on May 16, 2016 Agenda c) Special Use Permit E Main Street - Proposed Cocktail Lounge SUP Presenter: Planning Department DRAFT Jay McLeod, Planner, stated the request for Special Use Permit for a cocktail lounge to be located at 222 & 224 East Main Street. The applicant is James Lipscomb and owner is J&B Real Estate. Currently location is vacant and being remodeled. Floor plan was provided. Additional outdoor seating will be available in the rear of the building. The project is consistent with the UDC. The applicant has addressed all Findings of Fact. Planning Board and Staff have recommended approval with conditions as listed in staff report. Mayor Pro Tem Grannis asked that applicant be prepared to address whether or not they intend to offer food of any type, whether it be on site or food trucks. April 18, 2016 Minutes Page 11 of 63

12 ACTION: Set Public Hearing for May 2, ITEMS CONTINGENT FOR THE REGULAR MEETING a) Declare Annex Building (231 E. Second Street) as Surplus Property Presenter: Steve Biggs, Town Manager Mr. Biggs shared information regarding the vacant old town hall, also known as the Annex Building. Currently the building is sitting vacant with no use and there has been recent interest in the building from private sector. Declaring this property as surplus is the first step in being able to move forward. Next step would be for appraisal followed by ability to solicit bids for purchase of property. ACTION: 9 ITEMS FOR DISCUSSION 10 OLD BUSINESS Placed on May 2, 2016 Agenda 11 ITEMS REQUIRING ACTION (In order for any action to be taken during a Work Session, a motion must be made and seconded to suspend the rule that will allow action to be taken.) a) Motion to Suspend Rule in Order to Take Action at Work Session ACTION: Motion: Second: Vote: Motion to Suspend Rule Council Member Holder Council Member Thompson Unanimous b) Resolution - Issuance and Sale of Water & Sewer Revenue Bond Anticipation Notes Presenter: Robert McKie, Finance Director DRAFT Mr. McKie presented information. He provided information regarding several minor technical corrections that were made to Resolution previously incuded in the agenda packet. ACTION: Approval/Disapproval of Resolution # Motion: Second: Vote: Council Member Holder Mayor Pro Tem Grannis Unanimous 12 STAFF REPORTS a) Town Manager Update - April 2, 2016 Front Street Accident April 18, 2016 Minutes Page 12 of 63

13 Mr. Biggs provided follow up information regarding citizen complaint of speed issues and recent accident on Front Street. The vehicle was not traveling down Front Street but rather turning out of park. Vehicle was driven by 15 year old with a learns permit. Passengers included a 16 year old as well as 5 year old child. Speed of vehicle at time was estimated to be 10 mph. Car rolled and there were no serious injuries. Accident was not related to speed but rather poor driving and decision making. Additionally, a radar trailer was placed on Front Street where speed limit is 35 MPH, average speed measured was 27.6 MPH. b) Town Attorney c) Town Clerk d) Other Staff Planning Department o SUD Zoning Status Update 13 OTHER BUSINESS Jay McLeod provided update regarding request for additional information of distribution of Special Use District zoning. Mr. McLeod stated that less than 1% have this designation. Some of those who have the Special Use District include; Walmart, Caterpillar, Ashley's Furniture (old), Club Riverwood Golf Course, Red Barn, Gateway Office Park, Cameron Way (2 remaining parcels), Hocutt Church Parking Lot, Lawyer Office on Lombard, Radio Tower and Sheetz. It was further stated that on some of these properties the zoning does not cover the entire parcel. It is the opinion of the Planning Department that each parcel be determined on a case by basis rather than a universal change as there is not a commonality among the designation. a) Informal Discussion & Public Comment DRAFT Mr. Dave Brown addressed the Council regarding the proposed Special Events Policy. He asked if possible to provide special considerations for nonprofits. He spoke about the fact that majority of folks that attend events such as Shindig are from out of town. He also stated that these types of events could take place many other locations, but it is the desire to showcase Clayton. Mr. James Lipscomb stated he understood the need to recoup some of the expenses attributed to the support of special events and requested that should the goals of the events meet the needs of the town that perhaps exemptions be granted. He stated that many of the events provide a good vibe for residents as well as giving back to the town. Mayor McLeod stated he was not sure about the word exemption but agreed that consideration should be offered to events of these types. The Mayor further stated that it is important to make folks aware of the cost to the town in relation to the many special events. It is not the intent to deter folks, however, the town needs to be able to handle the costs associated with events. April 18, 2016 Minutes Page 13 of 63

14 b) Council Comments 14 ADJOURNMENT a) Council Member Lawter offered his thanks and appreciation to the Clayton Visual Arts bringing so much diversity by bringing Mondo Roots Festival to Clayton. With there being nothing further the meeting was adjourned at 8:45 p.m. ACTION: Motion to Adjourn Attest: Motion: Second: Vote: Kimberly A. Moffett CMC, Town Clerk Council Member Thompson Council Member Holder Unanimous Jody L. McLeod Mayor DRAFT April 18, 2016 Minutes Page 14 of 63

15 TOWN OF CLAYTON TOWN COUNCIL AGENDA COVER SHEET AGENDA LOCATION: Administrative Items Meeting Date: May 2, 2016 ITEM TITLE: Warranty Acceptance - Summerlyn, The Meadows, Phase 5, 6, & 7 DESCRIPTION: Final lift of asphalt pavement has been installed within the reference roadway Acceptance is requested with one-year warranty and upon expiration of warranty period, pavement and base course condition will be inspected and any identified faults corrected by the developer prior to final acceptance. POTENTIAL ACTION: DEPARTMENT: Engineers/Inspection PRESENTER: Chris Rowland, Construction Project Administrator ITEM HISTORY: Date: April 18, 2016 Action Taken: Placed on May 2, 2016 Consent Agenda Information Provided: Date: Action Taken: Information Provided: Page 15 of 63

16 TOWN OF CLAYTON OPERATION CENTER Page 16 of 63

17 TOWN OF CLAYTON TOWN COUNCIL AGENDA COVER SHEET AGENDA LOCATION: Consent Meeting Date: May 2, 2016 ITEM TITLE: National Police Week 2016 Proclamation DESCRIPTION: The Town of Clayton wishes to recognize National Police week and to honor the service and sacrifice of law enforcement officers killed in the line of duty while protecting our communities. POTENTIAL ACTION: DEPARTMENT: Administration PRESENTER: Kimberly A. Moffett, Town Clerk ITEM HISTORY: Date: April 18, 2016 Action Taken: Placed on May 2, 2016 Consent Agenda Information Provided: Proclamation Date: Action Taken: Information Provided: Page 17 of 63

18 TOWN OF CLAYTON TOWN COUNCIL AGENDA COVER SHEET AGENDA LOCATION: Consent Meeting Date: May 2, 2016 ITEM TITLE: Proclamation - National Day of Prayer DESCRIPTION: Ms. Angela Williams of Interstate Ministries of Clayton requested a Proclamation in recognition May 5, 2016 as National Day of Prayer POTENTIAL ACTION: DEPARTMENT: Administration PRESENTER: Kimberly A. Moffett, Town Clerk ITEM HISTORY: Date: April 18, 2016 Action Taken: Placed on May 2, 2016 Consent Agenda Information Provided: Presentation & Proclamation Date: Action Taken: Information Provided: Page 18 of 63

19 Proclamation National Police Week 2016 WHEREAS, there are approximately 900,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Clayton Police Department; WHEREAS, since the first recorded death in 1791, more than 20,000 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty, including Patrol Officer Charles Lee, Patrol Officer Ray Gilmore and Lieutenant Monica Carey of the Clayton Police Department; WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, D.C.; WHEREAS, 252 new names of fallen heroes are being added to the National Law Enforcement Officers Memorial this spring; WHEREAS, May 15 is designated as Peace Officers Memorial Day, in honor of all fallen officers and their families and U.S. flags should be flown at half-staff; THEREFORE, BE IT RESOLVED that the Town of Clayton formally designates May 15-21, 2016, as Police Week in Clayton, North Carolina, and publicly salutes the service of law enforcement officers in our community and in communities across the nation. Duly adopted this 2 nd day of May, 2016 while in regular session. ATTEST: Jody L. McLeod Mayor Kimberly A. Moffett, CMC, NCCMC Town Clerk Page 19 of 63

20 Proclamation 2016 National Day of Prayer WHEREAS, the 65th observance of the National Day of Prayer will be held on Thursday, May 5, 2016, with the theme Wake Up America ; and WHEREAS, A National Day of Prayer has been part of our heritage since it was declared by the First Continental Congress in1775 and the United States Congress in 1952 approved a Joint Resolution setting aside a day each year to pray in our nation; and WHEREAS, The United States Congress, by Public Law , in 1988, as amended, affirms that it is essential for us as a nation to pray and directs the President of the United States to set aside and proclaim the first Thursday of May annually as a National Day of Prayer; and WHEREAS, leaders and citizens of our nation are afforded the privilege of prayer, affirming our spiritual heritage and the principles upon which our nation was founded; and WHEREAS, recognizing the love and power of God, we unite with fellow citizens to exercise the freedom we have to gather in prayer with thankfulness while seeking guidance, provision, protection and purpose for the benefit of every individual and our state as a whole; and WHEREAS, we specifically thank God for those who defend our freedoms and ask for peace throughout our state, nation and world. NOW, THEREFORE, The Clayton Town Council does hereby proclaim, May 5, 2016, be recognized as the National Day of Prayer. Duly adopted this 2 nd day of May, 2016 while in regular session ATTEST: Jody L. McLeod Mayor Kimberly A. Moffett, CMC, NCCMC Town Clerk Page 20 of 63

21 TOWN OF CLAYTON TOWN COUNCIL AGENDA COVER SHEET AGENDA LOCATION: Introductions & Special Presentations Meeting Date: May 2, 2016 ITEM TITLE: Recognition of Citizens Involved with Clayton Roadside/Litter Cleanup DESCRIPTION: Ms. Beard will recognize the many residents who through church groups, school groups, neighborhoods and newcomers have participated in the recent roadside litter cleanup. These folks work very hard to help to maintain the beauty of Clayton. POTENTIAL ACTION: DEPARTMENT: Administration PRESENTER: Stacy Beard, Public Information Officer ITEM HISTORY: Date: Action Taken: Information Provided: Date: Action Taken: Information Provided: Page 21 of 63

22 TOWN OF CLAYTON TOWN COUNCIL AGENDA COVER SHEET AGENDA LOCATION: Administrative Items Meeting Date: May 2, 2016 ITEM TITLE: Resolutions Authorizing Johnston & Wake Counties to Collect Taxes DESCRIPTION: Two Resolutions will authorize the County Tax Administrators of both Johnston and Wake to levy and collect property taxes for the Town of Clayton. POTENTIAL ACTION: Place on Consent Agenda DEPARTMENT: Administration PRESENTER: Kimberly A. Moffett, Town Clerk ITEM HISTORY: Date: Action Taken: Information Provided: Date: Action Taken: Information Provided: Page 22 of 63

23 TOWN OF CLAYTON RESOLUTION AUTHORIZING THE JOHNSTON COUNTY REVENUE ADMINISTRATOR TO LEVY AND COLLECT PROPERTY TAXES FOR THE TOWN OF CLAYTON BE IT RESOLVED by the Town Council of the Town of Clayton, North Carolina, as follows: The Johnston County Revenue Administrator is hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the Office of the Johnston County Revenue Administrator in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the Town of Clayton, and this order shall be a full and sufficient authority to direct, require, and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with the law. Duly adopted this 16th day of May, 2016 while in regular session. ATTEST: Jody L. McLeod Mayor Kimberly A. Moffett, CMC, NCCMC Town Clerk Page 23 of 63

24 TOWN OF CLAYTON RESOLUTION AUTHORIZING THE WAKE COUNTY REVENUE ADMINISTRATOR TO LEVY AND COLLECT PROPERTY TAXES FOR THE TOWN OF CLAYTON BE IT RESOLVED by the Town Council of the Town of Clayton, North Carolina, as follows: The Wake County Revenue Administrator is hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the Office of the Wake County Revenue Administrator in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the Town of Clayton, and this order shall be a full and sufficient authority to direct, require, and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with the law. Duly adopted this 16th day of May, 2016 while in regular session. ATTEST: Jody L. McLeod Mayor Kimberly A. Moffett, CMC, NCCMC Town Clerk Page 24 of 63

25 TOWN OF CLAYTON TOWN COUNCIL AGENDA COVER SHEET AGENDA LOCATION: Public Hearings Meeting Date: May 2, 2016 ITEM TITLE: Special Use Permit E Main Lounge SUP DESCRIPTION: Applicant is requesting Special Use Permit for a cocktail lounge to be located at 222 E. Main Street. POTENTIAL ACTION: Approval/Disapproval DEPARTMENT: Planning + Zoning PRESENTER: David DeYoung, Planning Director ITEM HISTORY: Date: April 18, 2016 Action Taken: Public Hearing Set for May 2, 2016 Information Provided: Application/Staff Report/Map/Site Plan/Neighborhood Meeting Info/Advertisement Date: Action Taken: Information Provided: Page 25 of 63

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31 STAFF REPORT Town of Clayton Planning Department 111 E. Second Street, Clayton, NC P.O. Box 879, Clayton, NC Phone: Fax: Planning Board March 28, 2016 Application Number: Project Name: SUP (Special Use Permit) 222 & 224 E Main Street Lounge NC PIN/ Tag#: / Town Limits/ETJ: Town Limits Overlay: Downtown Applicant: James Lipscomb c/o J&B Real Estate Owners: James Lipscomb c/o J&B Real Estate Neighborhood Meeting: Held March 10, 2016 Public Noticing: Property posted March 18, 2016 PROJECT LOCATION: The project is located at 222 and 224 East Main Street, between the old ABC Plumbing building and Primo s Pizza. REQUEST: The applicant is requesting special use permit approval for a Cocktail Lounge. Page 1 of 5 Page 31 of 63

32 SITE DATA: Acreage: Zoning: Existing Use: ±0.1 acres Central Business (B-1) Commercial/vacant DEVELOPMENT DATA: Proposed Uses: Buildings: Cocktail Lounge Two buildings, 1,584 square feet Number of Stories: One story (max height of 15 4 ) Impervious Surface: ±3,300 square feet (approx. 77%) Required Parking: Capacity/seating: Proposed Parking: Fire Protection: Access/Streets: 17 spaces (1 space per 3 seats) 49 seats Common downtown parking areas will be utilized Town of Clayton Fire Department. The main entrance to the building will be on Main St. There is no parking lot or driveway associated with this project. ADJACENT ZONING AND LAND USES: North: Zoning: Central Business (B-1) Use: Vacant (planned parking) South: Zoning: B-1 Use: Commercial East: Zoning: B-1 Use: Commercial, Restaurant West: Zoning: B-1 Use: Vacant (Commercial) STAFF ANALYSIS AND COMMENTARY: Page 2 of 5 Page 32 of 63

33 Overview The applicant is requesting site plan approval for a 49 seat, 1,584 square foot cocktail lounge. The project represents an investment of approximately $100,000 in an existing historic downtown building on Main Street in the heart of the central business district. In addition to full interior renovation, there will be a façade upgrades to the building and an outdoor patio installed in the rear. Associated Site Plan Pursuant to (D)(1), concurrent with request for a special use permit, an applicant shall submit a site plan for review and approval. The site plan layout (as an in-line building on Main Street) is provided as an attachment to this staff report; highlights include façade enhancement, interior renovation, opening previously bricked-in side windows, and addition of a rear patio. Consistency with the Comprehensive Plan The proposed development is consistent with the Comprehensive Plan, which encourages these uses and intensities in the downtown. Consistency with the Unified Development Code The proposed development is consistent with and meets the applicable requirements of the Unified Development Code (UDC). Landscaping and Buffering B-1 zoning district allows 100% impervious surface. Buffering is not needed based on surrounding zoning. Signs Signage will be governed by the Downtown Overlay District and shall require separate sign process and permits. Site Design The site is on Main Street. No major exterior renovations are proposed, except for the patio area in the rear. Setbacks and impervious area restrictions in the B-1 zoning district are very forgiving, and this development stays within those requirements. Multi-Modal Access The building will meet handicapped accessibility requirements and a bicycle rack is required for bicycle parking. Architecture The building interior and exterior are undergoing substantial renovation, including restoring some historical architectural features that have been uncovered. The proposed changes will fit well with surrounding buildings. Page 3 of 5 Page 33 of 63

34 Waivers/Deviations/Variances from Code Requirements None. FINDINGS When considering a Special Use Permit application, The Town Council shall consider specific Findings of Fact. A Special Use which fails to meet any of these Findings shall be deemed adverse to the public interest and shall not be approved. The applicant has addressed the Findings expressly established by Chapter (I) of the UDC. The applicant s Findings of Fact are incorporated into the record as an attachment to the Staff Report. CONSIDERATIONS The Town Council approves Special Use Permits. RECOMMENDATION: Staff is recommending approval of the Special Use Permit with the following conditions: 1. The development of the site is limited to the site design and uses approved by the Planning Board. Modifications to the approved site plan shall require review and approval in accordance with Section of the Unified Development Code. Page 4 of 5 Page 34 of 63

35 2. Following Board approvals, three copies of the Final Site Plan, Landscape Plan and Architectural Elevations meeting the requirements of the Conditions of Approval and displaying the Conditions of Approval shall be submitted to Planning Department for final approval. 3. All roof mounted and ground mechanic equipment must be completely screened from view. 4. Utility fees shall be paid to the Town prior to issuance of any building permits. 5. A final landscape/site inspection shall be performed by the Planning Department prior to the issuance of a Certificate of Occupancy. ATTACHMENTS 1) Findings of Fact 2) Application 3) Neighborhood Meeting Materials 4) Associated Site Plan and Elevations Page 5 of 5 Page 35 of 63

36 Current Zoning Map Proposed Zoning Map R-8 R-8 O-I O-I ± R Feet R C H ST ST AI N O U S FR ST N H G M 175 Future Land Use Map C C R U H IN C M AI N 0 B-1 ST 175 ST AL L H ST Aerial Map B-1 M IA L 0 ± R-6 T 350 Feet ST AL LI N ST G S ST Downtown ST Downtown Core FR O N T U R ST ± BO 0 ST E PA G M R BA D ST ST R ST PE ST ST ST O T ST LO ST N L E AI N W AL N O CAMEL ST T M FR ST ST R L CO O EI 350 Feet S Y FA TE ET VI E LL ST 'N ES RT S H O W D O N Vicinity Map ST G 03/22/2016 Produced by: TOC Planning Disclaimer: Town of Clayton assumes no legal responsibility for the information represented here. Document Path: O:\PLANNING\SPECIAL USE\2016\ SUP 222 & 224 E. Main Lounge\Maps\StaffReportMap- 222 E Main Cocktail Lounge.mxd N BE Scenic Highway Overlay ST Special Use District Thorough Fare Overlay O IA L SE C M Site 175 N LI ± ST AL ST Applicant: J & B Real Estate c/o James Lipscomb Property Owners: J & B Real Estate Parcel ID: Tag #: Feet D O SUP: 222 and 224 E Main St Cocktail Lounge 175 Downtown O N R 0 ± SE C BA R R ST U D BO N BA R O ST ST SE C Miles Page 36 of 63

37 TONY VNNIN JOHNSON I SO BULDI G Page 37 of 63

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44 * * * DISCLAIMER * * * Johnston County assumes no legal responsibility for the information represented here. 0/ \ a: N :1 O 5:; qjz 6 YTON 61 0, $0 65 ) ) : Ln no 40 0 we )0 5 %,3 Result 1 id: Owner Name 1: LEE BROTHERS Mail Address 1: 400 W MAIN STREET Mail Address 3: CLAYTON, NC Tag: Tax Unique Id: NCPin: Mapsheet No: RENTAL Owner Name 2: Mail Address 2: Site Address 1: Site Address 2: Book: Page: 0781 Market Value: Assessed Acreage: 1 Calc. Acreage: 0.15 Sales Price: 0 Sale Date: Scale: 1: in. = feet (The _ scale is only _ accurate when printed landscape on a 8 1/2 Johnston x 11 size county sheet with GIS no page scaling.) February 3_ 2015 Page 44 of 63

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50 Johnston county GIS February L0 C/A TJ7m/ * * DISCLAIMER * * * Johnston County assumes no legal responslblllty for the lnformatlon represented here. 9'76 Result 1 CLUB O O4 30 Id: Tax Unlque Id: NCPln: Tag: <2, Mapsheet No: Owner Name 1: J AND B REAL ESTATE LLC Owner Name 2: Mall Address 1: Mall Address 2: Mall Address 3: Slte Address 1: Slte Address 2: Book: Page: Market Value: Assessed Acreage: Calc. Acreage: Sales Prlce: sale Date: 328 E MAIN ST CLAYTON, NC E MAIN ST CLAYTON, NC '90 834; (l.14a) 332 SE1-XYTON TOWN OF CLAYTON Page 50 of 63 I\) LG Scale: 1: In. = feet (The scale ls only accurate when prlnted landscape on a 8 1/2 x 11 size sheet wlth no page scaling.) L.) CO I \I xi

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52 PUBLIC NOTICE In accordance with NC GS 160A-364, the Clayton Town Council will hold an evidentiary hearing on Monday, May 2, 2016, at 6:30 PM at Town Hall, 111 East Second Street, to consider the following special use application: 222 E Main Lounge Special Use Permit, SUP. The request is to obtain special use approval to operate a cocktail lounge at a property located within the B-1 zoning district. Per Unified Development Code, the use of cocktail/lounge in a B-1 zoning district requires a Special Use Permit. Parcel number ; TAG ID During an evidentiary hearing, the Clayton Town Council must make findings of fact based upon sworn testimony and other credible evidence. Citizens may give testimony in an evidentiary hearing after they have taken an oath. This is an open meeting and the public is invited to attend. Haley Hogg, Planner The Clayton News Star Please advertise on the following dates: April 20, 2016 April 27, 2016 Affidavit of publication required. Page 52 of 63

53 TOWN OF CLAYTON SPECIAL USE PERMIT # SUP GRANTED On the date listed below, the Town Council for the Town of Clayton met and held an evidentiary hearing to consider the following application: Applicant: Property Owner: J&B Real Estate J&B Real Estate Property Location: 222 & 224 East Main Street, Clayton, NC Brief Property Description:.1 acres Tax Parcel Number: Proposed Use of Property: Lounge / High End Bar Hearing Date: May 2, 2016 Having heard all the evidence and argument presented at the hearing, the Town Council makes the following findings: (1) That the application will not materially endanger the public health or safety if located where proposed, and developed according to the plans as submitted and approved. (2) That the application meets all required specifications and conforms to the standards and practices of sound land use planning and the Town Code of Ordinances, or other applicable regulations. Page 53 of 63

54 (3) That the application will not substantially injure the value of adjoining or abutting property, and will not be detrimental to the use or development of adjacent properties or other neighborhood uses. (4) That the application will not adversely affect the adopted plans and polices of the Town, or violate the character of existing standards for development of the adjacent properties. The Town Council also finds the Special Use Permit is subject to the following conditions: 1. The development of the site is limited to the site design and uses approved by the Planning board. Modifications to the approved site plan shall require review and approval in accordance with Section of the Unified Development Code. 2. Following Board approvals, three copies of the Final Site Plan, Landscape Plan and Architectural Elevations meeting the requirements of the Conditions of Approval and displaying the Conditions of Approval shall be submitted to Planning Department for final approval. 3. All roof mounted and ground mechanic equipment must be completely screened from view. 4. Utility fees shall be paid to the Town prior to issuance of any building permits. 5. A final landscape/site inspection shall be performed by the Planning Department prior to the issuance of a Certificate of Occupancy. TOWN OF CLAYTON ATTEST: BY: Mayor DATE: [Note: within 14 days of decision per Code Section (G)] (SEAL) Kimberly A. Moffett, CMC, NCCMC Page 54 of 63

55 Town Clerk Page 55 of 63

56 Town of Clayton Town Council SUP Motion Sheet After considering the competent, material, and substantial evidence presented, including the application and materials of record, I move to (PICK ONE): Approve Deny Approve with Conditions SUP Application SUP_ This motion is based on the following findings: 1. The application will not materially endanger the public health or safety if located where proposed, and developed according to the plans as submitted and approved. OR The application will materially endanger the public health or safety if located where proposed, and developed according to the plans as submitted and approved. (State evidence supporting finding.) *************************************************************************** 2. The application meets all required specifications and conforms to the standards and practices of sound land use planning and the Town Code of Ordinances, or other applicable regulations. OR The application does not meet all required specifications and does not conform to the standards and practices of sound land use planning and the Town Code of Ordinances, or other applicable regulations. (State evidence supporting finding.) **************************************************************************** PPAB v1 SUP Motion Form Page 1 of 2 Page 56 of 63