MINUTES OF MEETING OF THE CITY COUNCIL SANFORD, NORTH CAROLINA  The City Council met at the Sanford Municipal Center, 225 E. Weatherspoon Street, on' Tuesday,  April 16, 2024, at 5:00 p.m., in Council Chambers. The following people were present:  Mayor Rebecca Wyhof Salmon Council Member Byron Buckels Council Member Linda Rhodes Council Member James Williams City Attorney Susan Patterson Deputy City Clerk Vicki Cannady Council Member Jean Dabbs CALLTOORDER  Mayor Pro Tem Mark Akinosho Council Member Walter Ferguson Council Member Charles Taylor City Manager Hal Hegwer City Clerk Bonnie Davis  Absent:  Mayor Salmon called the meeting to order. Council Member Ferguson led the invocation and  the Pledge of Allegiance was recited. APPROVALOF AGENDA  Mayor Salmon requested that an item be added to the agenda as Item 8-F "Consider Temporary Increase inl Head Count." Council Member Buckels made a motion to approve the agenda as amended.  Seconded by Council Member Ferguson, the motion carried unanimously.  CONSENT AGENDA  Reimbursement Resolution Police Vehicles (Exhibit A)  Ordinance Amending the Annual Operating Budget (Police Vehicles) (Exhibit B) Ordinance Amending the Annual Operating Budget (Code Enforcement) (Exhibit C)  Adoption of Strategic Framework 2024 (Exhibit D) Member Buckels, the motion carried unanimously.  Council Member Rhodes made a motion to approve the consent agenda. Seconded by Council  SPECIAL! AGENDA REGULARAGENDA NEW] BUSINESS  There were no items on the special agenda. There were: no items on the regular agenda.  Consider Water and Sewer Fund 2023-2033 Capital Improvements Plan (Exhibit E)  Utilities and Engineering Director Paul Weeks explained that staff is proposing to apply for a loan from the Division of Water Infrastructure (DWI)in the amount of$1.5r million in order to: restart the Third Street area seweri improvement project. He explained that DWI offers low interest loans including    City Council Meeting April 16, 2024  principal forgiveness and the last loan the City received from them was awarded at zero percent interest; however, staffwill not know the interest percentage until after our application is submitted. Mr. Weeks explained that in order to apply for this loan, the DWI requires confirmation that the project isi included  in a Council approved Capital Improvement Plan.  Council Member Buckels made the motion to approve the Water and Sewer Fund 2023-2033 Capital Improvements Plan. Seconded by Council Member Rhodes, the motion carried unanimously. Consider Resolutionl by Governing BodyofApplicant- Thirds Street Area SewerRehabilitationt (Exhibit F) Utilities and Engineering Director Paul Weeks explained that this resolution must be approved by Council in order to apply for a loan from the Division of Water Infrastructure. He added that the intent of staffi is to submit our application in time for the April 30th funding cycle and we should know  the funding results by August 2024.  Council Member Ferguson made the motion to approve the Resolution by Governing Body of Applicant - Third Street Area Sewer Rehabilitation. Seconded by Council Member Rhodes, the motion Consider Resolution Supporting and Authorizing an Application for a State Grant/Loan for the Cityof Utilities and Engineering Director Paul Weeks reminded Council that the City received a grant ini the amount of$1.1 million from North Carolina Emergency Management to assist with the design of the culvert under Weatherspoon Street and the revitalization ofLittle Buffalo Creek from Weatherspoon Street to Charlotte Avenue. The design work has substantially been completed and we are almost ready to bid the culvert project. He explained that staff became aware of the opportunity to apply for a State Grant/Loan and they plan to submit an application requesting the Department of Water Infrastructure to fund up to $5 million for this project. If they approve the funding, we could complete the creek revitalization and culvert project; however, the City will have to contribute the remainer of the projected cost of$1.5 million. This loan would also be al low-interest loan with forgiven principal.  carried unanimously.  Sanford Little Buffalo Creek Stream Restoration Project (Exhibit G)  Council Member Rhodes made the motion to approve the Resolution Supporting and Authorizing an Application for a State Grant/Loan for the City of Sanford Little Buffalo Creek Stream Restoration  Project. Seconded by Council Member Ferguson, the motion carried unanimously. Consider Ordinance Amending the Annual Operating Budget (Engineering) (Exhibit H)  Assistant City Manager Beth Kelly explained that this ordinance appropriates $150,000 in Council Member Rhodes made the motion to approve the Ordinance Amending the Annual Operating Budget (Engineering). Seconded by Mayor Pro Tem Akinosho, the motion carried  retained earnings to the Engineering Department for plan review.  unanimously.  Consider Health Insurance Renewal for Plan Year 2024-2025 (Exhibit I)  Human Resources Director Christy Pickens reminded everyone that the open enrollment period begins on May 1, 2024, and in preparation for this, Human Resources must send communications to employees by the end of the month. Council approval is needed for a potential increase of up to seven percent in our health insurance funding for FY 2024-2025. She noted that staff is requesting a seven percent increase because we are awaiting claims in the next week, which may provide some reprieve from the requested amount. Mrs. Pickens added that this would result in an increase ofa around $420,000  2    City Council Meeting April 16, 2024  tot thel budget. She noted that the City iss self-insured: for our health insurance and anticipates thisi increase will cover aj potential rate increase, along with other services. She confirmed that Blue Cross is still the third-party carrier, and that the Health RXI Program and Biometrics Scan programs would continue. Year 2024-2025. Seconded by Mayor Pro Tem Akinosho, the motion carried unanimously.  Council Member Ferguson made the motion to approve the Health Insurance Renewal for Plan  Temporary Increase in Head Count (ExhibitJ)  Fire Chief Matt Arnold explained that one firefighter is on short-term disability and will not return to the department and this vacant position has been open for quite a while. Chief Arnold noted that they are requesting a temporary increase in head count in order to have this position approved by  May 3, 2024, when the next recruit class begins.  Council Member Buckels made a motion to approve the Temporary Increase in Head Count.  Seconded by Mayor Pro Tem Akinosho, the motion carried unanimously.  DECISIONS ONPUBLICI HEARINGS  There were no decisions on public hearings.  CLOSED SESSION  Council Member Rhodes made a motion to go into closed session in accordance with N.C.G.S. 143.318-11(a)3), to consult with an attorney employed or retained by the public body to preserve the attorney/client privilege. Council Member Rhodes made the motion to goi into closed session. Seconded  by Council Member Ferguson, the motion carried unanimously. RECONVENED TO REGULAR SESSION  CASES FORI PUBLICHEARING- held jointly with the Planning Board at 6 P.M.  Application by Rusty Long to rezone two (2) parcels ofl land totaling 0.71 +/- ofan acre owned by Al Essa, LLC. located between 604 and 610 Harkey Road (SR 1128) with no public road frontage and identified as Lee County Tax Parcels 9652-22-3119-00 and 9652-22-3293-00 as depicted on Tax Map 9652.17. from Residential-Mixed (R12) to Multi-family (MF-12) to recombine with an adjoining lot  under the same ownership for future multi-family development (Exhibit K).  Mayor Salmon opened the public hearing.  Zoning Administrator Amy McNeill reviewed information from the attached Exhibit K, including information on the subject property, zoning, utilities, adjacent properties and other development standards. She explained that staff believes that this is a reasonable request because the site adjoins a MF-12 zoned lot that was rezoned in 2021, and would allow the owner to recombine the lots to create a large lot for future multi-family development, which is a listed use for Urban  Neighborhood designation.  The applicant Rusty Long, 1305 Kingston Ridge, Cary, North Carolina, stated that these parcels are landlocked and they want to recombine the parcels and rezone to match adjacent properties. He  added that there is public water and sewer available to the south.  3    City Council Meeting April 16, 2024  Perry Burden, 604 Harkey Road, Sanford, North Carolina, stated that he was not necessarily opposed to the rezoning of this property; however, he expressed concern on what could happen if the  property is rezoned.  With no other speakers, Mayor Salmon closed the public hearing.  Application by TMTLA Associates to rezone two (2) parcels and a portion of a third parcel of land totaling 12.71 +/- acres owned by Edison's Corp. and Byron & Shelia Buckels located in the northwest çorner ofthe] Harkey Road (SR 1128) and Hillwood Street intersection and identified as Lee County Tax Parcels 9642-92-3215-00.9642-92-9610-00.and. a 7.17+/- acre parionare629b3839.00 as depicted on Tax Maps 9652.13. 9642.16. 9652.17,and 9642.04 from Residential-Mixed (R-12) to the North Harkey Towns Conditional Zoning District to allow the site to be developed as an 83-unit townhome Council Member Byron Buckels asked to be recused from discussion on this item as he is a property owner. Council Member Ferguson made the motion to recuse Mr. Buckels from discussion of  community with one single-family lot (Exhibit) L).  this matter. Seconded by Mayor Pro Tem Akinosho, the motion carried unanimously.  Mayor Salmon opened the public hearing. Zoning Administrator Amy McNeill reviewed information on the attached Exhibit L, including location, current and proposed zoning, utilities, and details on the requested conditional use zoning. She reminded everyone that the conditional zoning process is a negotiated process and that City Council or the Planning Board may request that certain conditions be considered or altered; however, the petitioner must accept such conditions. Ms. McNeill reviewed proposed architectural features and other development standards. She noted that public water and sewer is available to this site. She confirmed that a neighborhood meeting was held on March 20, 2024, with about twelve people attending. Among the concerns expressed at the neighborhood meeting were traffic, road connections, privacy, and amenities, as well as the developer's response to these  concerns. She confirmed that staff considers this to be a reasonable request.  Developer Rob Bailey, 1611 Jones Franklin Road, Raleigh, North Carolina, representing the applicant Tony Tate, reviewed the items that they have worked on with staff, such as the design of the neighborhood and the layout. He mentioned the comments that were addressed at the neighborhood meeting, regarding the connection to Rosemary Street. He explained that to address this issue, they added additional land, which was done immediately, although it eliminated some efficiencies over the properties, but they agreed that this was an important item that needed to be addressed. Another item mentioned was how the homes face Harkey Road and the main corridors. He explained that there were several alternatives considered but were challenging due to the topography. Staff agreed that it was better to face units (lots one through fourteen) toward the main road and they increased the buffer. He noted that they are accommodating for the sidewalks on Harkey Road for future connectivity, as well as for overflow parking. Since architectural features were important to staff, revisions were made to incorporate more streetscape characteristics, as well as trim packages on the units and exterior siding. He confirmed that several issues were addressed at the neighborhood meeting along with proposed resolutions to those issues. They felt it was very important to accommodate the adjoining property owners sO they offered to install six-foot fencing along with the required buffer. He mentioned that he has worked extensively with Armando Leak, located at 1001 West Garden Street, and they are negotiating some issues to ease his concerns. He has offered to install fencing and he is going to try to retain the existing vegetation and he feels he will be able to satisfy Mr. Leak's concerns.  Council Member Taylor asked Mr. Bailey how he planned to compensate for water runoff and impervious surfaces. Mr. Bailey replied that typically with the density of townhomes, there is more  4    City Council Meeting April 16, 2024  stormwater infrastructure installed. He said his engineers are determining where the discharge point will be and that they will be able to connect to an existing storm system and everything will be detained in  the two proposed ponds.  Arnando Leak, 1001 W. Garden Street, Sanford, North Carolina, said he has lived at this address for 42 years. He confirmed that he spoke with Mr. Bailey several times. He expressed concern about losing his privacy, gunfire in the area, traffic from Courtland Drive, and he requested that the existing  "hill" remain to serve as aj privacy buffer from the development.  Council Member Rhodes asked Developer Rob Bailey to explained the solutions that he alluded to for Mr. Leak's concerns that were raised at the public meeting. Mr. Bailey explained that there was ab berm installed by the previous owner that runs partly into their property. He noted that Mr. Leak asked him tol keep the berm; however, he explained tol Mr. Leak that he did not knowifit would be possible to keep the berm. Mr. Bailey explained that he has offered to deed Mr. Leak a small portion of land (approximately 201 feet) to address his driveway issue and hel has also offered toi install a six-foot privacy fence with landscaping. He added that most of the property that adjoins Mr. Leak's property will be open space and he is committed to leaving as much of the natural vegetation as possible. Mr. Bailey  said he will continue to work with Mr. Leak to resolve issues.  Council Member Fergurson asked Mr. Bailey if there was an affordable housing component associated with this development. Mr. Bailey answered yes, the townhomes are an alternative way to Mr. Leak mentioned that he did attend the neighborhood meeting because he did not receive notification from staff, and neither did he receive information concerning the Council Meeting tonight.  provide affordable housing.  With no additional speakers, Mayor Salmon closed the public hearing.  Application by TMTLA Associates to rezone a 9.11 +/- acre portion ofa 16.28 +/- acre vacant tract of land owned by Edison's Corp. located on the south side of Harkey Road (SR 1128) identified as Lee County Tax Parcel 9642-91-3839-00 (portion of) as depicted on Tax Map 9642.04 from Residential- Mixed (R-12). Residential Single-family (R-20) and ismtimSastsmSamaie 4 Solar Farm Conditional Zoning District to the South Harkey Towns Conditional Zoning District to allow the site to Mayor Salmon opened the public hearing. Zoning Administrator Amy McNeill reviewed information from the attached Exhibit M, including location, current and proposed zoning, adjacent properties' zoning and land uses. She explained that this tract ofland is wooded, undeveloped property. Ms. McNeill noted that there will be sidewalks on both sides of new interior streets. She added that a neighborhood meeting was held March 20, 2024, at the Wicker Civic Center but no one from the public attended or expressed concerns about the project. She explained that staff has agreed that this request  be developed as a 60-unit townhome community (Exhibit M).  appears reasonable.  Developer Rob Bailey, 1611 Jones Franklin Road, Raleigh, North Carolina, explained that the properties designated as "North" and' "South" are essentially one project and he clarified that the amenity package is combined, there will not be a separate amenity package for each. He noted that they agreed with staff to install one pergola at this location toward the water tower. He explained that they worked with staff on re-aligning one of their streets with Garden Street. They have enhanced the buffer on this  5    City Council Meeting April 16, 2024 request.  property. Mr. Bailey noted that they did not receive any neighborhood concerns related to this rezoning  With no additional speakers, Mayor Salmon closed the public hearing.  Application by TMTLA Associates to rezone two (2) parcels totaling 8.59 +/- acres owned by Jeffrey T. Myles located at 3310 &v3314 Keller-Andrews Road (SR 1154) identified as Lee County Tax Parcels 9632-82-9799-00 and 9632-82-6535-00 as depicted on Tax Map 9632.04 from Residential-Mixed (R- 12)to the Keller-Andrews Towns Conditional Zoning District to allow the site to be developed asa69- Mayor Salmon opened the public hearing. Zoning Administrator Amy McNeill reviewed the attached Exhibit N, including location, current and proposed zoning, allowed uses, adjacent properties' land uses, and utilities. She explained that amenities are essentially the same as those for the previous items (North and South Harkey) with the exception of landscaping buffers. She noted that a small portion of the property is located within the 100-year flood plain. Ms. McNeill explained that a neighborhood meeting was held March 20, 2024, and that no one from the community attended the meeting and the applicant did not receive emails or phone calls requesting furtheri information; however, staff has received several phone calls and an email. Staff agrees that this rezoning appears to be a  unit townhome community (ExhibitN).  reasonable request.  Amy McNeill read al letter submitted, via email, by Matt Garrett, 1305 Clearwater Drive, Sanford, North Carolina, since he could not attend this public hearing. He expressed concerns about traffic in the area, particularly during school hours on school days and encouraged Council to deny the rezoning  request.  Developer Rob Bailey, 611 Jones Franklin Road, Raleigh, Sanford, North Carolina, explained that he has spoken with representatives from Lee Christian School who expressed safety concerns about having a development this close to the school. He explained that he has offered to run ai fence along the boundary line to address the safety çonçern. Mr. Bailey noted that traffic is a huge concern, and he has visited the school twice during school hours to develop alternate solutions to alleviate traffic concerns during rush- hour to consider alternate routes. He explained that he sat in parking lot across street, for  30-45 minutes.  Council Member Taylor suggested a right-turn only as a means of egress as a viable option, which would eliminate the issue of traffic flow in front ofLee Christian School and the church. He added that the North Carolina Department of Transportation (NCDOT) has used this option in several  other developments.  Mr. Bailey responded that NCDOT has been engaged with ingress and egress access points, and they will make the final decision. He noted that limiting both access points to turn-right only will likely create additional problems. He added that people who live there will learn alternative routes over time. Mayor Pro Tem Akinosho commented that there are traffic issues at the intersection of Carthage Street and Fire Tower Road and suggested that further discussions are needed to be held with NCDOT regarding this excessive traffic issue. Mr. Bailey said he would review this issue further.  6    City Council Meeting April 16, 2024  Andrew Ricobal, 189 Greenwich Drive, Sanford, North Carolina, voiced concern about the impact this development will have on thel Lee Christian School campus. His paramount concern iss safety, and this development could create as security concern for the: school campus. Hei noted that Lee Christian School has only one: means ofingress and egress and hei is concerned about the availability ofemergency  personnel being able to access the school property due to the excessive traffic.  Bruce McInnis, 1611 Carbonton Road, Sanford, North Carolina, stated that he is Chairman of the Lee Christian Board of Directors and he represents the Lee Christian School board. He expressed  displeasure about this project for safety reasons that were mentioned earlier.  Cindy Thompson, 1408 Abacorn Lane, Sanford, North Carolina, who serves as a board member of the Savannah Subdivision Homeowners' Association, stated that she did not receive notice of the March 20, 2024, neighborhood meeting. She expressed opposition to the rezoning request and referenced traffic congestion and safety concerns. Council Member Rhodes requested clarity from Zoning Administrator Amy McNeill on notification of neighborhood meetings. Ms. McNeill explained that staffi is required to notify adjoining property owners of neighborhood meetings and this subdivision does not adjoin the property. She added that staff posted two signs advertising the rezoning and that  legal notices were posted in The Sanford Herald.  Kevin Schmitt, 1432 Abacorn! Lane, Sanford, North Carolina, expressed concern regarding traffic on Keller Andrews Road and agreed with the earlier suggestion for right-turn only out of the proposed  subdivision; however, it would not solve the traffic issue.  George Blanchard, 500 Richmond Drive, Sanford, North Carolina, noted that his granddaughter attends Lee Christian School, and he expressed concern about the traffic, as well as the potential safety  hazard this development could create for the children at Lee Christian School.  David Dipiors, 1480 Abercorn Lane, Sanford, North Carolina, also expressed concern about traffic and speeding. He suggested these concerns be addressed before new neighborhoods are  developed.  Chivonne Brannon, 1481 Abercorn Lane, Sanford, North Carolina, expressed opposition to the proposed rezoning. She stated that she did not receive notice of the neighborhood meeting, noting that the requirement that notice be sent to adjacent property owners meant that only Lee Christian School representatives were notified. She also referenced the lack of sidewalks in her neighborhood and that  this development would create noise, light pollution and increased road maintenance.  Charles Hucks, 1416 Abercorn Lane, Sanford, North Carolina, acknowledged the appeal of developing the subject property; however, he suggested the development will have noise problems, since iti is near US Highway #1, and encouraged Council to deny the rezoning request until such time that  NCDOT addresses these issues that have been discussed.  Mr. Bailey confirmed that this meeting has provided the open dialogue that they previously did not have at the neighborhood meeting. Mr. Bailey said he would like to have further discussions with Lee Christian School representatives, as well as reviewing the right turn only suggestion with NCDOT. He added that if Council agrees, he would like to table this request until the next City Council meeting,  which will allow him time to address these issues.  7    City Council Meeting April 16, 2024  Regarding procedure, Zoning Administrator Amy McNeill explained that the next] public hearing would bel held on May 21, 2024. She confirmed that ifMr. Bailey requested to table the issue, it can be re-opened at this public hearing; otherwise, the Planning Board would make a recommendation after considering the issue tonight based on the information they have heard. Attorney Patterson confirmed that tabling the public hearing would be appropriate to re-opening the public hearing at the next meeting. Mr. Bailey agreed to table the public hearing to allow the developer time to address concerns.  Council Member Taylor made ai motion to tablet this public hearing until May 21,2024. Seconded With no additional speakers, Mayor Salmon closed the public hearing and the Planning Board  by Council Member Ferguson, the motion carried unanimously.  retired to the West End Conference Room.  OTHER BUSINESS  Council Member Rhodes encouraged everyone to attend an S3 meeting to see how local non- profit agencies are working to enhance our residents' quality oflife. She also commented that iti is good  tol have feedback from citizens.  Mayor Salmon reminded everyone that the Broadway Our Way Festival will be held this Saturday, April 20, 2024, and the Block Party will be next Saturday, April 27, 2024. She encouraged  the public to attend the Mayor's Prayer Breakfast.  ADJOURNMENT  Mayor Pro Tem Akinosho made the motion to adjourn the meeting; seconded by Council  Member Buckels, the motion carried unanimously. AND MADE. A PART OF THESE MINUTES.  ALL EXHIBITS CONTAINED HEREIN ARE HEREBY INCORPORATED BY REFERENCE  Respeçlfully Submitted, LEEL  WYHOF SALMON, MAYOR  ATTEST:  HhuiDaig BONNIE DAVIS, CITY CLERK  8