typ-VRc  SPECHAL-EALLED SANFORD CITY COUNCIL  WORK SESSION Tuesday, May 14, 2024 West End Conference Room 225 East Weatherspoon Street, Sanford, NC  ma 14 hpe-vRe  The City Council held a work session on Tuesday, Apri4, 2024, at 1:50 p.m. (immediately following the Special-Called City Council Meeting) in the West End Conference Room at City Hall. The  following people were present: Mayor Rebecca Salmon Council Member Byron Buckels Council Member Walter Ferguson Council Member Charles Taylor City Manager Hal Hegwer City Clerk Bonnie Davis Callto Order  Mayor Pro Tem Mark. Akinosho Council Member. Jean Dabbs Council Member Linda Rhodes Council Member James Williams City Attorney Susan Patterson Deputy City Clerk Vicki Cannady  Mayor Salmon called the meeting to order. Utilities and Engineering Director Paul Weeks introduced Director of Engineering Andre Miller, who was formerly employed with Orange Water and  Sewer Authority (OWASA). DSI Update on Banners(ExhibitA)  Kelli Laudate, Executive Director of Downtown Sanford, Inc., (DSI) introduced a rebrand of banners in Downtown Sanford. The new banner designs include a new concept, "COME CONNECT" as described inl Exhibit A. She presented alternate approaches to thel banner concepts; however, the DSI Board agreed to use the concept "Come Connect." Mrs. Laudate informed Council that she expects to make the Agreement with Chatham Park] Inyestorsconcerming Waterline Design from] Moncureto Pittsboro Paul Weeks explained that as a part of the Triangle Innovation Park (T.I.P.) Project, the City of Sanford has installed a 36-inch water line tol Moncure, which is halfway to Pittsboro. The second phase of the project is to extend the waterline from Moncure to Pittsboro. Pittsboro is partnering with the City of Sanford and will compensate us for the use of our water treatment plant. This consolidation will benefit the City of Sanford because it will increase regionalization and get water where it is needed.  purchase this fiscal year and have the banners installed by. July of2025.  Attorney Catherine Clodfelter, with Parker Poe Adams and & Bernstein, LLP, explained that they are in the process of drafting an agreement that will cover situations in the event the City of Sanford does not have the full amount of funds for design on this water line. Chatham Park Investors will then reimburse the City for costs sO that the project can move forward. Attorney Clodfelter explained that the City has approximately $450,000 of American Rescue Plan. Act(ARPA)funds: obligated: for design and ARPA funds have timelines for obligation. Attorney Clodfelter mentioned that the idea of this agreement would bei that Chatham Park Investors will back this project if no state funds are available to finish the design.  Mayor Salmon noted that the consensus of Council was to move forward with this project and  drafting the agreement with Chatham Park Investors.        Sanford City Council Work Session May 14, 2024  Deep River Industrial Park Utility Partnership (Exhibit B)  City Manager Hal Hegwer explained that Sanford. Area Growth Alliance (SAGA) Central Carolina Enterprise Park (CCEP); projects have been successful in the past, and that he hoped to replicate the CCEP concept ofjoint partnerships with otheri investors, in order to shape the City of Sanford's future success. Chief Executive Officer Jimmy Randolph noted that SAGA was formed with the idea of marketing our community proactively as a place for business to locate and grow their future. The City Council and SAGA created the product of CCEP and the concept was that the general public would partner with private development to create ready sites, which were marketed by SAGA and have been very successful. The tax base expansions achieved through industrial development is far in excess ofr residential development. Mr. Randolph offered Astellas and Abzena as examples of CCEP success stories and added that these two buildings exceeded goals for capital investment. He added that our community is well-situated geographically but we must have product. Mr. Randolph noted that as SAGA considers the future, it becomes obvious that we need more space or we will: miss opportunities. Mr. Randolph mentioned that they have had conversations with the same partners at CCEP about the potential for a CCEP-2 in a different geographical location. They considered how strategic it would be to concentrate in areas where there is current infrastructure. Mr. Randolph referenced property located on US Highway #1, as well as a future development area located at the intersection ofUS Highway 15/501 and Deep River Road as indicated on Exhibit B, which could potentially be developed as CCEP-2. He explained that SAGA felt that it is important to speak to Council before they embark on similar development projects to determine ifthere is a consensus to move forward with this endeavor. Mr. Randolph noted that Kirk Bradley and Jack Morisey would be the partners they would work with for the creation ofthe CCEP-2 project. Mr. Bradley addressed  Council and reviewed the proposed industrial site as described in Exhibit B.  Mayor Salmon noted that CCEP has been a game changer for this community. The consensus of Council was to move forward with the CCEP-2 development concept. City Manager Hal Hegwer noted  that there will bei future discussions on this subject.  New Street Specifications  Utilities and Engineering Director Paul Weeks explained that staffhas new street specitications they are ready to implement. Normally, staff does not present specifications to Council for review; however, Council could receive feedback on the street specifications. Mr. Weeks explained that currently, roads are constructed with eight inches of stone and two inches of asphalt, which is not working well in some instances. Staffi is proposing to require a pavement design, which will determine the sufficient amount of stone and asphalt. The developer will sample the soil and submit it to a qualified firm for analysis, and the pavement design will determine the amount of stone and asphalt that will be required for any particular area. National builders will not be impacted by this change because they are accustomed to the pavement design specifications; however, local developers may be affected, because there will be added costs. Pavement designs could affect Homeowner Association groups (HOA) because they would be required to maintain private alleys according to specifications. Mr. Weeks explained that staff also wants to include in these specifications a requirement that the final layer of asphalt is not to be installed until after the construction of subdivisions are 80 percent complete. This will prevent having to repave the top layer at the end of construction. Mr. Weeks explained that once roads are completed, they are inspected by staff forc compliance. Mr. Weeks noted that pavement designs will help prevent pavement defects and increase longevity. Hea also noted that paving contracts will be examined: more closely to determine ifthe contractor  has the proper equipment to complete the paving project.  2        Sanford City Council Work Session May 14,2024  Mayor Salmon noted that the life of our roads is an issue and thiss specification is an obvious tool to  assist with this issue.  Ab briefrecess was taken from 2:45 p.m. - 2:55 p.m.  Capital Project Ordinance = Grace Christian School and Tramway Fire Department Sewer Project Council Member Rhodes made a motion to take the Capital Project Ordinance Grace Christian School and Tramway Fire Department Sewer Project from the table for discussion. Seconded by Council  Professional Services Agreement with Freese and Nichols. Inc. (Exhibit C)  Member Dabbs, the motion carried unanimously.  Utilities and Engineering Director Paul Weeks explained that staff recently informed Council that the City of Sanford was awarded $4.85 million through direct appropriation from the North Carolina General Assembly to provide sewer to Grace Christian School and Tramway Fire Department. Council requested staff to consider al broader option to provide sewer service in this area. The initial proposal was to install a low-pressure system with a small force main, which would be much cheaper and easier to place and would serve a small number ofi individuals and it would discharge at the Market Place in Tramway at their private lift station and gravity sewer system and then they would make upgrades to turn this system over to the City of Sanford. A mandate is attached to the appropriated funds from the General Assembly, which is that the City of Sanford is required to serve Grace Christian School and the Tramway Fire Department with public sewer. Mr. Weeks reviewed the map oft the proposed basin solution as described inE Exhibit C. Mr. Weeks explained that based on the plan Grace Christian presented to staff, the proposal basin solution will be sufficient for the future; however, staff will review the plan with Grace Christian School one last time before starting the project. Mr. Weeks noted that the intent is to stay within the road right ofway; however, to get to Grace Cristian School there will be an issue of going over private property. Council Member Taylor asked for clarification that this project would not encroach on Tramway Baptist property. Mr. Weeks confirmed that the Basin Solution would potentially service anyone included within the boundaries as described in Exhibit C, including Tramway Baptist. Mr. Weeks explained that staff considered three components in the Basin Solution, which are infrastructure, downstream improvements and treatment capacity, as well as the cost associated with the Basin Solution, which is approximately $40 million, as described in Exhibit C. Mr. Weeks pointed out that regardless of whether the Basin Solution or the initial proposed solution is used for this project, $4.5 million will still be required for downstream  improvements.  The consensus of Council was to move forward with the original proposed solution to provide a low-pressure sewer system to Grace Christian School and Tramway Fire Department as mandated in the $4.85 million appropriation from the General Assembly for this project. We are to follow current City policies and have communication with Tramway Fire Department and Grace Christian School. Engineering Services Agreement for Lead Service Line Inventory (Exhibit D)  Utilities and Engineering Director Paul Weeks explained that all municipalities and public water suppliers are working toward replacing lead service lines and lead solder, which was discontinued by the Environmental Protection Agency (EPA) in 1988. The City of Sanford must develop a Lead Service Line Material Inventory by October 2024, and we must have field work completed by October 1, 2025. Mr. Weeks reminded Council that the City of Sanford received a Drinking Water State Revolving Fund (DWSRF) award of$1,000,000 to conduct a Lead Service Line Inventory and complete field work of that amount; $600,000 is forgiven and $400,000 isi interest free. Staff fsent out (RFP) Request for Proposals and  3        Sanford City Council' Work Session May 14,2024  WithersRavenel was chosen to conduct a Lead Service Line Inventory as described in Exhibit D. WithersRavenel had proposed to complete steps one and two by the deadlines, as well as develop a Lead Service Line Replacement Plan and a Sampling Plan. Mr. Weeks noted that we can apply for funding  halfway through step two oft the project.  Engineering Services Agreement for) Regional Utility Master Plan (Exhibit E)  Utilities and Engineering Director Paul Weeks explained that in 2023, the City of Sanford received a direct appropriation of $2.5 million from the State for the development of the Siler City Waste Water Treatment Plant Expansion Facility. Mr. Weeks presented an Engineering Service Agreement for Regional Water/WastewaterUiliy Master Plan with Freese and] Nichols, Inc. as described in Exhibit E,i int the amount  of$986,164.  UDOA Amendments and Rezonings (Exhibit F)  Community Development Director Marshall Downey gave aj power point presentation ofthe Unified Development Ordinance (UDO) updates and decisions on map administrative rezonings as described in  ExhibitF.  Long Range Planning Administrator David Montgomery noted that Council requested staff conduct additional outreach to the community since sO many citizens would be affected. Per this request, over 8,700 postcards were sent to property owners who owned residential property in the City of Sanford, as well as Sanford's extraterritorial jurisdiction (ETJ). In addition, a website was created to host proposed UDO amendments and suggested map changes, which included an on-line Public Input Form. Two Drop-in public workshops were held in the Buggy Building Conference Room in March 2024. There were over fifty in attendance; twenty-one signed the sign-in sheet, and eleven people responded to the Public Input  Forms.  Long Range Planning Administrator David Montgomery reviewed the public comments that were received from the UDO workshops, as well as the on-line forms that were received (shown in Exhibit G). He noted that most of the workshop conversations were specific to individual properties and there were many code enforcement issues that were not related to all of the UDO amendments. Many did not like smaller lot sizes; however, there was much support for open space, the green belt, sidewalks, and etc., and there were some ADU questions; however, there were no overwhelming issues mentioned. Staff had good conversation and there were many. good opportunities to respond toj proposals. Mr. Montgomery added that there were several developers in attendance and most oft them were very supportive oft the changes. Mr. Montgomery reviewed future land use place types as described in Exhibit F and all the procedures associated with defining all rezonings and compliance with the Plan/Sanlee Land Use Plan, which include transportation, character, streets, trees, etc. Mr. Montgomery explained that the new text amendments are intended to update the development code to foster more desirable neighborhoods, provide more public space and active recreation opportunities, and allow for a greater spectrum of housing options in both existing and future neighborhoods. Mr. Montgomery explained that to fully implement these new rules, our current zoning districts will have to be updated and replaced with new districts. He explained that Council can choose to replace the zoning districts in a "Like-for-Like" manner or a "Proactive Approach" for updating districts. The current zoning does not match the Land Use Plan, which makes it more difficult to implement the policy guide or the vision of what we want our community to be in the future. Mr. Montgomery explained that staff is recommending administratively upzoning some parcels to better reflect the land use plan. He presented a comparison of the current zoning districts to the proposed  4        Sanford City Council Work Session May 14,2024  zoning districts as described in Exhibit F. He explained that staffi is not recommending 10,000 square foot lots, as allowed in the current R-12 zoning districts. Mr. Montgomery noted that from a staff perspective, R-10 Zoning Districts (where most of the lots are 20,000 square foot) should be changed to Urban Residential-6 (UR-6) Zoning Districts. He added that builders are requesting 12,000 square foot lots. Mr. Montgomery reviewed the zoning legend as described in Exhibit F and explained the benefits of the Proactive Zoning Approach, which encourages infill development, fewer requests for rezonings, particularly for smaller projects (125 units or less), decreases predevelopment timeline, projects are more consistent and predictable, takes advantage of existing infrastructure, increases affordable workforce housing in and near the urban core. Itis a stepped approach, decreases suburban sprawl and preserves agriculture and environmentally sensitive lands. Mr. Montgomery explained that staff is recommending an approach that reflects more oft the land use plan, which is the proactive approach; however, Council must decide ifthey want staff to use the "Like-for-Like" approach to basically try to match up the current zoning districts to the proposed zoning districts or be more aggressive and proactively upzone those districts. Mr. Montgomery mentioned the Vista Townhomes located on Horner Boulevard as an example, which were originally zoned R-12. Because of this zoning, the developer proposed conditional use zoning too construct at townhome product. Ifstaffwerei to use the proactive approach and this was proactively zoned to UN-6, then townhome and duplexes would be allowed by right and the developer would not have to go through the conditional use process. Community Development Director Marshall Downey emphasized that ift this project came through and was approved under the new standards, it would have been approved at staff level and there would not have been a conditional use process and there would not have been a need for a public hearing. Mr. Downey also emphasized that this is basiçally for small projects that are less than 125 units and that anything that comes before stafft thati ist more than 125 units will automatically be assigned village conditional zoning which would require a public hearing. Mr. Downey added that neighborhood meetings are always tied to conditional zonings. General Use rezonings do not require neighborhood meetings because conditions cannot be plaçed on general use zonings and if approved, the developer can do whatever is allowed in that zoning district. Mr. Downey noted that conditional use zonings are  extremely taxing on staff.  Mayor Salmon asked Council for a consensus on directing staff to use the "Like for Like" approach ora "Proactive Upzoning Approach" in updating zoning districts. The majority of Council was in agreement to direct stafft to use the "Proactive Upzoning Approach" in updating zoning districts in the UDO. However, Council Member! Buckels noted that he was noti in favor ofe eliminating public hearings for smaller projects because he felt citizens should have the opportunity tol hear the details pertaining to smaller projects (125 units or less) as well as larger projects, giving the opportunity for residents to resolve any issue they may have with a developer. Mayor Salmon mentioned that citizens will have an opportunity to attend the public hearing of the zoning changes in the UDO. Mr. Downey explained that staff will evaluate this process as it is implemented and keep Council informed of any feedback. Attorney Susan Patterson reiterated that the existing conditional zonings will not be upzoned and they will not be affected, nor will  non-residential zoning.  Amendment to Buggy Building Lease with Lee County  Assistant City Manager Beth Kelly explained that we entered into a lease agreement with Lee County when they purchased the Buggy Building in June 2022. She explained that an amendment to the contract is proposed, which is at three-percent increase to cover inflation. She noted that this is a change in the lease agreement and will be an item on the Consent Agenda at the City Council Meeting, May 21,2024. City Attorney Susan Patterson noted that after the initial four-year contract, the lease will be on a yearly  5        Sanford City Council Work Session May 14,2024  basis. She added that per contract, the City of Sanford must notify Lee County of our intent to vacate the  building and terminate the lease by December 31, 2025.  Consider Kiwanis Park Improvement and Programming Update (Exhibit H)  Parks Administrator Nick Fortune noted that the Splash Pad at Kiwanis Park would open Saturday, 18, 2025. Mr. Fortune explained that stage construction has begun at Kiwanis Park as described in Exhibit H. Mr. Fortune noted that we are unfortunately behind schedule and the concerts that were scheduled for June have been canceled. He added that other options were considered before the decision was made to cancel the. June concerts; however, there were logistics issues. He noted that July 4, 2024, will be our next scheduledevent: atl Kiwanis Park, as well as activities at thes splash pad for the children, such as face-painting and balloon twisters. He added that there would probably be a DJ to provide music at the July 4, 2024, event. Headded that there would also be games, such as cornhole, and they were working with individuals  tol have a "drive-in" car show as well.  Council Member Rhodes mentioned that she received an email from Council Member Taylor that the cancelation was not due to the stage construction. Mayor Salmon explained that there were issues related tot the timeline of the completion of the stage including electrical installation. She explained that she  communicated with City Manager Hal Hegwer about these issues.  Mr. Fortune explained that there were discussions regarding having the summer concerts in various locations at the Kiwanis Park; however, the location of the flood plain area makes this very difficult. Council Member Taylor responded that at the time he forwarded the email, there were contingencies that had to be met; however, the stage construction was on schedule. The audio, lighting and power was already mitigated. Council Member Rhodes asked Mr. Taylor to explain the unforeseen circumstances that were mentioned. Council Member Rhodes explained that the issue she was polled on was the sale of alcohol, which is Lee County's decision to make. He added that the first proposed concert was sponsored by Coors Beer Company. Council Member Rhodes explained that she was not aware of the contract with this particular band because she is not involved with scheduling the summer concerts. Council Member Akinosho asked who is responsible for securing the bands for the summer concerts. Council Member Taylore explained that hel has been booking the bands for the summer concerts for the past two years. Council Member Akinosho noted that he was under the impression that the City of Sanford was responsible for securing bands for the summer concerts. Council Member Taylor explained that it is the City's responsibility and he always consults with City Manager Hal Hegwer before he proceeds with booking the bands for the conçerts. City Manager Hal Hegwer explained that Council Member Taylor assisted with securing bands for these concerts; however, there were contractual agreements secured and approved by  the City of Sanford.  Council Member Akinosho commented that as worthy as the concert series is, Council Members should vote their conscience and not be pressured into making decisions, for the use of alcohol at concerts or any other issue. He added that he felt pressured and insulted by his colleagues in his decision to cast a dissenting vote in regards to the sale ofalcohol at the concerts scheduled at Kiwanis Park. Council Member Rhodes thanked Council Member. Akinosho for bringing this before Council, because she has had the same feelings. Mr. Akinosho added that int the future, when Council Members are contacted regarding approvals ofany issue, the issue should be brought before Council sO that there is no pressure on making individual  decisions.  6        Sanford City Council Work Session May 14,2024  Council Member Rhodes commented that when Council Members are questioned by citizens, they should be aware ofall issues. Council Member Taylor noted that the cancellation of the concerts was not communicated publicly, and which was asked of each Council Member in the email that was: sent, that this decision not be made public until after the bands were contacted. Ifthis was made public, it came from a fellow Council Member. Mr. Taylor noted that he did not have discussions with any Council Member except Council Member Akinosho. He furthernoted that in regards to the Council being informed, Council should be made aware when monuments are erected in the City's public spaces, it is only appropriate that  Council bei involved in these decisions as well as other issues.  Mayor Salmon noted that Council Members owe each other the respect of making their own decisions of any issue; each member has been individually selected by the citizens of Sanford to serve on the Sanford City Council, and have a better communication between Council Members. She also noted that the original idea for adding a venue at Kiwanis Park was for a community space for the community to  gather and she believes it will be a great addition for the citizens of Sanford.  Council Member Dabbs mentioned that WB Wicker and the Stevens Center staff would like to be included in any future discussions concerning parks with ADA requirements because they can offer  valuable input on these issues.  Parks Administrator Nick Fortune explained that they were moving forward with the stage installation and it would be available for concerts if Council sO desired. Mayor Salmon noted that she is confident that bands could be retained toj perform under the rules oft the park and citizens are excited about  these concerts.  Consider Boards and Commissions Appointments  Mayor Salmon explained that there are several terms ofc office that are expiring June 30, 2024, and that there are two special exceptions that require Council's attention. The first exception is a vacancy on thel Board of Adjustment that is affecting the ability tol have a quorum. She noted that Council may need to take action at the May 21, 2024, City Council meeting to move an alternate position member to the regular position in order to fill the vacancy and appoint a new alternate, which term will expire June 30, 2026. She noted that the second special exception is the applicant who applied to fill the temporary alternate position currently serves as a member of the Appearance Commission. She added that Council has an option to waive the requirement that board members only serve on one board or ask this applicant to step down as a  member of the Appearance Commission for one month.  The consensus of Council was to waive the requirement of not serving on two boards for this Mayor Salmon explained that another issue is the need for us to have strong leadership on a governing board for a federal program, the Sanford Housing Authority. Chairperson Hope White moved out of the city and Council made an exception to waive the residency requirement and allow her to finish her term. We have been made aware that Ms. White is interested in continuing to serve as Chairperson for this Board. Council has the option of waiving the local residency requirement again for Ms. White or find aq qualified applicant to serve. We also had another great applicant to apply but they do not live within the  alternate position, through the term period ending June 30, 2026.  City limits.  7        Sanford City Council Work Session May 14,2024  The consensus of Council was to waive the residency requirement for this position and to contact Hope White to advise her to submit an application for the Sanford Housing Authority. Council asked that  Public Information Officer Kelly Miller remind Sanford 101 members oft this decision.  Other Business  Council Member Byron Buckels mentioned that the lights on Colon Road are not burning. Public Works Director Fedd Walker explained that Duke Power is aware of the issue. An underground wire was cut, and there is a work order in place to correct the issue. Council Member Taylor mentioned that the storm drains are full ofdebris on Horner Boulevard. Mr. Hegwer noted that Horner Boulevard is maintained by North Carolina Department ofTransportation (NCDOT). Council Member Ferguson mentioned that he had received a call that the grass needs to be cut at the Stewart Manor Apartment complex.  Adjournment  Council Member Rhodes made the motion to adjourn. Seconded by Council Member Dabbs, the  motion carried unanimously.  ALL EXHIBITS CONTAINED HEREIN ARE HEREBY INCORPORATED BY REFERENCE  AND MADE. A PART OF THESE MINUTES.  Respoctfully Submitted, Rebecca Wyhofs Salnyion,  EL  Attest:  eDas  8