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 15, 2025, at 5:00 p.m., in Council Chambers. The following people were present: Mayor Rebecca Wyhof Salmon Mayor Pro Tem Mark Akinosho Council Member Jean Dabbs Council Member Walter Ferguson Council Member Linda Rhodes Council Member Charles Taylor City Manager Hal Hegwer City Attorney Susan Patterson City Clerk Bonnie Bryant Deputy City Clerk Vicki Cannady Absent: Council Member Byron Buckels Council Member James Williams CALL TO ORDER Mayor Salmon called the meeting to order. Council Member Rhodes led the invocation and the Pledge of Allegiance was recited. APPROVAL OF AGENDA Council Member Dabbs made a motion to approve the agenda. Seconded by Council Member Ferguson, the motion carried unanimously. CONSENT AGENDA Release of Closed Session Minutes Dated August 12. 2015, Item #1 (Closed Session Minute Book #2) Release of Closed Session Minutes Dated August 12. 2015, Item #2 (Closed Session Minute Book #2) Release of Closed Session Minutes Dated August 18. 2015, Item #1 (Closed Session Minute Book #2) Release of Closed Session Minutes Dated October 27, 2015 (Closed Session Minute Book #2) Release of Closed Session Minutes Dated June 21. 2016. Item #1 (Closed Session Minute Book #2) Release of Closed Session Minutes Dated June 21, 2016. Item 2 (Minute Book #2) Release of Closed Session Minutes Dated June 21, 2016. Item #4 (Minute Book #2) Release of Closed Session Minutes Dated June 21. 2016, Item 5 (Minute Book #2) City Council Minutes Dated February 4. 2025 (Minute Book #127) City Council Minutes Dated April 1, 2025 (Minute Book #127) Ordinance Amending the Annual Operating Budget - Police (Exhibit A) Ordinance Amending the Annual Operating Budget - Solid Waste (Exhibit B) City Council Meeting April 15, 2025 Ordinance Amending the Annual Operating Budget - 2023 URP (Exhibit C) Grant Project Ordinance 2023 Urgent Repair - County and City Project (Exhibit D) Ordinance Amending the Annual Operating Budget - Pittsboro Utility Betterment Project with DOT R- 5963A (Exhibit E) Capital Project Ordinance - Pittsboro Utility Betterment Project with DOT R-5963A (Exhibit F) Utility Construction. Agreement with the Department ofTransportation for Chatham Parkway (Exhibit G) Council Member Rhodes made a motion to approve the consent agenda. Seconded by Council Member Dabbs, the motion carried unanimously. SPECIAL AGENDA Proclamation Honoring the (Southern Lee High School Bowling Team) (Exhibit H) Mayor Salmon read the proclamation recognizing the team for winning the 2025 State championship. Proclamation Proclaiming April as Autism Awareness and Acceptance Month (Exhibit I) Mayor Salmon read the proclamation and presented it to members ofthe Kappa Theta Zeta Chapter of the Zeta Phi Beta Sorority, which supports autism awareness and acceptance. National Night Out Presentation Kelly Miller, Public Information Officer, played a video recap of last year's National Night Out festivities which were held on a Saturday afternoon in October and a Tuesday afternoon at City Hall. She announced that this year's event will be held on August 5 (the first Tuesday in August) and mentioned that seven neighborhoods have registered to date. REGULAR AGENDA There were no items on the regular agenda. NEW BUSINESS (Items for discussion; action will be taken only ifnecessary) Consider Ordinance Amending the Annual Operating Budget - Debt Service (Exhibit. J) Holly Marosites, Assistant to the City Manager, explained that this ordinance appropriates funds from retained earnings for the first payment of$80,000 due on the non-forgivable portion ofthe $1 million State Revolving Fund Loan for the Sanford Lead Line Assessment Project; $400,000 of this loan is non- forgivable and $80,000 payments will be made annually for five years. Mayor Pro Tem Akinosho made a motion to approve the Ordinance Amending the Annual Operating Budget Debt Service. Seconded by Council Member Ferguson, the motion carried unanimously. Consider Capital Project Ordinance Amendment - Triangle Innovation Point (TIP) Water and Sewer Improvements - Project No. U2201 (Exhibit K) Executive Director ofUtilities Paul Weeks explained that this would move $1.5 million in interest income into the Triangle Innovation Point (TIP) project. 2 City Council Meeting April 15, 2025 Council Member Taylor made a motion to approve the Capital Project Ordinance Amendment = Triangle Innovation Point (TIP) Water and Sewer Improvements - Project No. U2201. Seconded by Mayor Pro Tem Akinosho, the motion carried unanimously. Consider Resolution by Sanford City Council to Apply for Dry Creek Basin Rehabilitation Funding (Exhibit L) Executive Director ofUtilities Paul Weeks reminded Council that staffi is currently assessing the Dry Creek Basin for inflow and infiltration with a series of smoke testing, closed camera testing and modeling, to be completed by August 2025. This document is application for State funding to help with repairs to any issue that may be found. This funding application is due by April 30, 2025, and news of funding will be announced by August 2025. Council Member Ferguson made a motion to approve the Resolution by Sanford City Council to Apply for Dry Creek Basin Rehabilitation Funding. Seconded by Council Member Dabbs, the motion carried unanimously. Consider Water and Sewer Fund 2025-2036 Capital Improvements Plan (Exhibit M) Executive Director ofUtilities Paul Weeks explained that this is the same plan previously approved by Council with the addition of the Pittsboro service area in connection with the application for funding described above. Although the application is only for the Sanford Cost Center, the application must include project information for Pittsboro as described in the submitted exhibit. Council Member Rhodes made a motion to approve the Water and Sewer Fund 2025-2036 Capital Improvements Plan. Seconded by Mayor Pro Tem Akinosho, the motion carried unanimously. Consider Reimbursement Resolution = Enterprise Park Drive Rehabilitation Full Depth Reclamation Project (Exhibit N) Executive Director of Utilities Paul Weeks explained that this resolution is to facilitate financing proceeds for capital expenditures using loan proceeds and/or reserves in the amount of $2,000,000. This document will allow reimbursement from any future loans that are received. Council Member Rhodes made a motion to approve the Reimbursement Resolution Enterprise Park Drive Rehabilitation Full Depth Reclamation Project. Seconded by Council Member Ferguson, the motion carried unanimously. Consider Ordinance Amending the Annual Operating Budget - Enterprise Park Drive Rehabilitation Full Depth Reclamation Project (Exhibit O) Executive Director ofUtilities Paul Weeks explained that currently the general fund contributions are $1,300,000, and the project cost is $1.9 million. The request to appropriate $700,000 from the fund balance is needed to complete the project. Council Member Ferguson made a motion to approve the Ordinance Amending the Annual Operating Budget - Enterprise Park Drive Rehabilitation Full Depth Reclamation Project. Seconded by Mayor Pro Tem Akinosho, the motion carried unanimously. Consider Capital Project Ordinance Amendment = Enterprise Park Drive Rehabilitation Full Depth Reclamation Project (Exhibit P) Executive Director of Utilities Paul Weeks explained that this amendment establishes the Enterprise Park Drive Rehabilitation Project in the amount of $2,000,000. 3 City Council Meeting April 15, 2025 Council Member Rhodes made a motion to approve the Capital Project Ordinance Amendment - Enterprise Park Drive Rehabilitation Full Depth Reclamation Project. Seconded by Council Member Dabbs, the motion carried unanimously. Consider Recommendation to Award Contract for Enterprise Park Drive Rehabilitation Full Depth Reclamation (Exhibit Q) Executive Director of Utilities Paul Weeks explained this project was released to bid and staff received four responses as described in the attached bid tabulation sheet. Staff recommends award of contract to Fred Smith Company in the amount of$1,900,900. Council Member Dabbs made a motion to award the Contract for Enterprise Park Drive Rehabilitation Full Depth Reclamation project to Fred Smith Company. Seconded by Mayor Pro Tem Akinosho, the motion carried unanimously. CLOSED SESSION Council Member Ferguson made a motion to go into closed session pursuant to N.C.G.S. 143- 318.11(a)(1), to prevent the disclosure of information that is privileged or confidential pursuant to the law ofthis State or the United States. Seconded by Council Member Rhodes, the motion carried unanimously. RETURN TO REGULAR SESSION Council returned to regular session for the 6:00 p.m. public hearings. CASES FOR PUBLIC HEARING (held jointly with the Planning Board at 6:00 p.m.) Public Hearing on Annexation Public Hearing on Non-Contiguous Annexation of 1.47 +/- Acres Owned by Patricia and Wade Stackhouse (Exhibit R) Mayor Salmon opened the public hearing. Senior Long-Range Planner David Montgomery explained that staff received a petition from Patricia and Wade Stackhouse for non-contiguous annexation, to provide a second entrance for the Cumnock Village West subdivision on January 16, 2025. He confirmed that the request meets the five criteria required for non-contiguous annexation and reviewed information on utilities, streets, fire protection, and taxes as shown on the attached exhibit. The property conforms with the Plan SanLee Land Use Plan. Ifapproved, staff recommends assigning the property to Electoral Ward 2. Beth Blackmon, with Timmons Group, 5410 Trinity Road, Raleigh, North Carolina, spoke in favor, and on behalf ofthe property owner/applicant, stating that this is adjacent to Cumnock Village West subdivision. The developers reached out to Mr. and Mrs. Stackhouse who negotiated to sell the property, only to provide a second entrance for the Cumnock Village West subdivision. This will be a public city street with a buffer and there will be no additional lots on this parcel. Mark Lyczkowski, 1500 Stoneridge Road, Sanford, North Carolina, spoke in favor and stated that there is another way to access this property but this would provide an additional access point on the west side of Cumnock Road. With no additional speakers, Mayor Salmon closed the public hearing. 4 City Council Meeting April 15, 2025 Consider Ordinance to Extend the Corporate Limits of the City of Sanford, North Carolina (Exhibit S) Mayor Pro Tem Akinosho made a motion to approve the Ordinance to Extend the Corporate Limits of the City of Sanford, North Carolina, and to assign the property to Electoral Ward 2. Seconded by Council Member Rhodes, the motion carried unanimously. Public Hearings on Rezoning Requests Application by Patricia C. Stackhouse to assign a zoning district to land that she owns, which is proposed for annexation into the corporate City limits as required by State law. The subject property is a 1.47 +/- tract of land addressed as 745 Cumnock Road and identified as Lee County Tax Parcel 9625-85-8208-00 as depicted on Tax Map 9625.02. The applicant is asking the City to keep the existing zoning of Residential Agricultural (RA) assigned to the property and noted that the intention is to develop the land with a new road that would serve as access to the proposed Deep River West subdivision (Exhibit T). This rezoning request was held subject to the property being annexed into the corporate City limits, for which the public hearing was also held at this meeting; that annexation request was approved. Mayor Salmon opened the public hearing. Zoning Administrator Amy McNeill explained that when property goes from jurisdiction of County to City, Council has 60 days to assign a zoning district. The owner wishes to keep the existing zoning of Residential/Agricultum.l (R-A) since it will be a public road in the future. Staffis supportive of this request. City Attorney Susan Patterson clarified with Ms. McNeill that the petitioner's S. husband, Wade Stackhouse, has also signed the request. Beth Blackmon, with Timmons Group, 5410 Trinity Road, Raleigh, North Carolina, explained that the applicant seeks only to rezone from RA County to RA City, since no residential lots are proposed for this property and the property will only be used for a road. Mark Lyczkowski, declined to speak. With no additional speakers, Mayor Salmon closed the public hearing. Application by Smith Bowers, PLLC, to rezone a vacant 3.5 acre +/- portion ofa a 25.56- acre tract ofl land with frontage on Wicker Street/NC Highway 42 and South Franklin Drive from Suburban Neighborhood- Low Density (SN-12) to Light Commercial & Office (C-1). The subject property is owned by Jason Gilmore Joyner and Jan Joyner Ritchie and is identified as a portion ofLee County Tax Parcel 9632-26- 7107-00 as depicted on Tax Map 9634.04 (Exhibit U). Mayor Salmon opened the public hearing. Zoning Administrator Amy McNeill explained that this standard rezoning request is to allow commercialretail development at this site. This request was originally submitted in November 2024, however, the applicant withdrew the request prior to City Council's vote to approve or deny the request. Ms. McNeill reviewed general information, including the proposed zoning district information, utilities, transportation, and development standards, as explained in the exhibit. The site has access to public water; however, it does not have access to public sanitary sewer. She noted that the intersection of Oakwood Avenue and Bragg Street is an example of a similar place type and added that staff is supportive of this rezoning request because it aligns with the Plan SanLee Land Use Plan. 5 City Council Meeting April 15, 2025 Garrett Neal, 107 S. Salisbury Street, Lexington, North Carolina, explained that Rianna Smith will have the bulk of his presentation. He mentioned that they have evaluated the soil to confirm it is feasible for a private sewer system. Rianna Smith, with Smith Bowers, PLLC, 127 W. Hargett Street, Raleigh, North Carolina, referenced a handout (attached as Exhibit U2), providing details of the rezoning request, as well as a detailed map of the location. Ms. Smith asserted that this rezoning request is consistent with the Long Range Land Use Plan SanLee and it is reasonable and in the public interest. She noted that they met with North Carolina Department of Transportation and they approved an entrance off Wicker Street, provided the associated trees along S. Franklin Drive are cut down. She explained that it is not uncommon to lack access to public sewer and the site looks appropriate for a septic tank system. She suggested that this request conforms to all requirements. David Jones, 137 S. Franklin Drive, Sanford, North Carolina, spoke in opposition and stated that a Church/Day Care facility is located across the street from the subject property and the property across the street on S. Franklin Drive shown as townhomes will contain mostly single-family homes. He disagreed with the suggestion that this request is in the public interest and questioned whether commercial development should be allowed in this area. He suggested that using the intersection of Oakwood Avenue and Bragg Street as an example of a similar place type is not appropriate. He stated that he has not spoken with anyone who agrees with this request. Michael Davenport, 3516 Wicker Street, Sanford, North Carolina, spoke in opposition to this request, stating that he was also speaking on behalfofs several area residents. He referenced concerns, such as reduction in property values and safety concerns. He urged Council to deny this rezoning request. With no additional speakers, Mayor Salmon closed the public hearing and the Planning Board retired to the West End Conference Room for deliberation. DECISIONS ON PUBLIC HEARINGS Application by Nicholas Jakel to rezone 18.34 acres +/- of] land, comprised of two adjoining parcels with frontage on Center Church Road, from Residential Agricultural (RA) to Tramway Towns Conditional Zoning District to allow the development ofa 144-unit townhome community via the site plan/subdivision plan conditional zoning process. The subject property is located on the north side of Center Church Road, between the Pine Reserve Apartments (under construction) and Tramway Elementary School. One parcel was formerly developed with a house addressed as 264 Center Church Road and the other parcel is vacant. The subject property is owned by RDUSA, LLC and is identified as Lee County Tax Parcels 9631-34- 3479-00 and 9631-34-6613-00 as depicted on Tax Maps 9631.01 and 9631.03 Council Member Taylor made a motion to remove this item from the table. Seconded by Council Member Rhodes, the motion carried unanimously. Zoning Administrator Amy McNeill noted that the Planning Board met on April 1, 2025, following the Public Hearing and recommended by unanimous vote that Council approve this rezoning request. The recommendation included the condition that the townhome buildings have different exterior elevations for the front façade (including a varying color palette, architectural features, etc.): for adjoining townhome units to create visual variety within the townhome community and the applicant has agreed to this condition. Consider Vote to Approve a Statement on Long-Range Land Use Plan Consistency as it Relates to this Zoning Map Amendment (Exhibit V) Council Member Rhodes made a motion that the proposed zoning map amendment is consistent with the Plan SanLee designation of Mixed-Use Activity Center because this place type is 6 City Council Meeting April 15, 2025 supportive of attached single-family dwellings served by public water and sewer and this project appears to be contextually integrated into the surrounding development pattern with townhomes serving as a buffer between multi-family and single-family development. Seconded by Council Member Ferguson, the motion carried unanimously. Consider Ordinance Amending the Official Zoning Map oft the City of Sanford, North Carolina (Exhibit W) Council Member Ferguson made a motion to approve the proposed zoning map amendment from Residential Agricultural (RA) to Tramway Towns Conditional Zoning District because it is reasonable and in the public interest since it would allow the development of a townhome community between an existing apartment community and residential single-family development in an area and the site was recently annexed into the corporate City limits. The motion includes the condition that the townhome buildings have different exterior elevations for the front façade (including a varying color palette, architectural features, etc.) for adjoining townhome units to create visual variety within the townhome community. Seconded by Council Member Taylor, the motion carried unanimously. OTHER BUSINESS Council Member Taylor referenced discussion at a recent workshop regarding lift stations and thanked Mr. Jakel for his patience in the rezoning process and noted the importance of procedure. He suggested that work remains to be done on the lift station policy and encouraged more discussion on this topic. He also suggested that staff should not be making decisions before public hearings are held and Council considers annexation and rezoning requests. ADJOURNMENT Council Member Rhodes made a motion to adjourn the meeting. 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. Respectfully Submitted, Lebue REBECCA WYHOF SALMON, MAYOR ATTEST: Ponnue Buat BONNIE BRYANT, CITY CLERK 7