City Council Regular Meeting

Council Chamber

Agenda — 44 items

1. 1.0 CALL TO ORDER
2. 2.0 INVOCATION
3. 3.0 PLEDGE OF ALLEGIANCE
4. 4.0 ANNOUNCEMENTS AND RECOGNITIONS
5. 5.0 CITY MANAGER REPORT
6. 6.0 APPROVAL OF AGENDA
7. 7.0 CONSENT AGENDA
8. 7.01 Approval of Meeting Minutes: February 26, 2024 - Regular March 4, 2024 - Work Session March 4, 2024 - Special 24-3920
9. 7.02 P24-08. Rezoning of 4.75 acres ± from Community Commercial (CC) and Single Family Residential 6 (SF-6) to Mixed Residential 5 (MR-5), located at 5510 and 5414 Bragg Blvd. (REID #’s 0419310372000 and 0419311002000), and is the property V Capital LLC, represented by Lori Epler of Larry King & Assoc. 24-3852
10. 7.03 P24-09. Rezoning of .42 acres ± from Office and Institutional (OI) to Neighborhood Commercial (NC), located at 916 Hay Street (REID #’s 0437150542000), and being the property Cardassi-Langley Investments LLC, represented by Casey Benander. 24-3853
11. 7.04 P24-10. Conditional rezoning to amend conditions in MR-5/CZ located at 0 Rock Creek Lane and 0 Mount Rainer Road (REID 0439300490000 & 0439302525000) totaling 17.61 acres ± and being the property of Northridge Towns LLC. 24-3879
12. 7.05 P24-11. Rezoning from Single Family Residential 6 (SF-6) and Community Commercial (CC) to Community Commercial (CC) located at 5709 Bragg Blvd (REID 0419128627000) totaling 9.29 acres ± and being the property of Macpherson LLC. 24-3880
13. 7.06 Approve Contract for African American Museum 24-3924
14. 7.07 Resolution Authorizing a Quitclaim Deed of the City’s Title to the County in Order to Expedite the Sale of Land located at 1128 Sun Valley Drive 24-3867
15. 7.08 Resolution Authorizing the Setting of a Public Hearing to Consider Closing Carthage Drive 24-3868
16. 7.09 Resolution Authorizing the Setting of a Public Hearing to Consider Closing a Portion of Joseph Street 24-3869
17. 7.010 Stormwater Ordinance Text Amendments, Sec. 23-33 Ownership & Maintenance of Stormwater Management Facilities & Sec. 23-35 Performance Guarantee for Installation 24-3911
18. 7.011 Request for Legal Representation of City Employees 24-3914
19. 7.012 Resolution - Tentative Award of Bid Contract for ARPA Funded Sewer Main Rehabilitation 24-3916
20. 7.013 Adoption of Capital Project Ordinance Amendment 2024-17 to Re-appropriate Funds and Adopt the Capital Project Ordinance 2024-16 to move the Funding to the Winslow St / Russell St Parking Lot Improvements and Award the Construction Contract to Lanier Construction Company, Inc. 24-3848
21. 7.014 Bid Recommendation and Resolution of Tentative Award - Ray Avenue Drainage Improvement Project 24-3864
22. 7.015 PWC - Bid Recommendation - Re-Advertisement of Water Main Replacement from Robeson Street to Winslow 24-3917
23. 7.016 PWC - Bid Recommendation - Re-Advertisement for Procurement and Construction of Gillespie B1.9 Solar PV Utility Station 24-3918
24. 24 page break
25. 8.0 PUBLIC HEARINGS (Public & Legislative Hearings)
26. 8.01 P24-12. Initial zoning from Rural Residential (RR) (County) and Single Family Residential 15 (SF-15) to Mixed Residential 5 (MR-5) located at 0, 1666 & 1674 Cedar Creek Rd and 0 & 1678 Fields Rd (REID 0446803573000, 0446804658000, 0446709250000, 0445892478000, and 0445894268000) totaling 27.72 acres ± and being the property of Cedar Creek Road, LLC. 24-3881
27. 8.02 AX24-02. Cedar Creek Road, LLC is seeking annexation into the corporate limits of the City of Fayetteville for four contiguous parcels totaling approximately 27.72 acres. These parcels are situated on the western side of Cedar Creek Road at 1666 and 1674 Cedar Creek Road and 0 and 1678 Fields Road. They can be further identified by Parcel Identification Numbers (PINs): 0445-89-2478, 0446-70-9250, 0446-80-3573, and 0445-89-4268, and Real Estate Identification Numbers (REIDs): 0446804556000, 0446709250000, 0445892478000, and 0445894268000. 24-3875
28. 8.03 Public Hearing on SN24-001. Consideration of Renaming Providence Street to JP Swinson Street 24-3884
29. 9.0 EVIDENTIARY HEARINGS
30. 9.01 SUP24-01. Special Use Permit to locate a Duplex (two-family dwelling) at 1040 Stamper Road (REID 0428335880000) totaling 0.25 acres ± and being the property of Rockfish Run Land and Development LLC. 24-3885
31. 9.02 SUP24-03. Special Use Permit (SUP) to allow the construction of 111 townhomes (single family attached units) on property zoned Single-Family 6 Residential (SF-6) located at 6622 & 6658 Old Bunce Rd (REID #9497843830000, 9497845917000, 9497856199000) and being the property of King Model Homes Construction Co. Inc., Robert Bunce, and Fayetteville Habitat for Humanity Inc., Project owner Ben Stout, Stout Land Development, LLC., applicant Scott Brown, 4D Site Solutions, Inc. 24-3906
32. 10.0 OTHER ITEMS OF BUSINESS
33. 10.01 Employer of Choice - Compensation 24-3907
34. 11.0 ADMINISTRATIVE REPORTS Administrative Reports on a Regular Meeting agenda are for City Council review/information only. Should it be the consensus of the collective City Council, Administrative Reports will be moved forward to be placed on the next Work Session agenda for further review and discussion.
35. 11.01 Administrative Report on City, County and State-Owned Property to be Returned to the Tax Roll 24-3913
36. 12.0 ADJOURNMENT
37. 37 POLICY REGARDING PUBLIC HEARING AGENDA ITEMS
38. 38 Citizens wishing to provide testimony in response to a notice of public hearing or to participate in the public forum can obtain instructions to submit a statement by emailing cityclerk@ci.fay.nc.us or by calling 910-433-1312 for assistance. Individuals desiring to testify on a quasi-judicial public hearing must contact the City Clerk by 5:00 p.m. the day of the meeting to sign up to testify; instructions will be provided on how to appear before Council to provide testimony.
39. 39 CLOSING REMARKS
40. 40 POLICY REGARDING CITY COUNCIL MEETING PROCEDURES SPEAKING ON A PUBLIC AND NON-PUBLIC HEARING ITEM
41. 41 Individuals who have not made a written request to speak on a nonpublic hearing item may submit written materials to the City Council on the subject matter by providing thirteen (13) copies of the written materials to the Office of the City Manager before 5:00 p.m. on the day of the Council meeting at which the item is scheduled to be discussed.
42. 42 COUNCIL MEETING WILL BE AIRED March 25, 2024 - 6:30 p.m. Cable Channel 7 and streamed "LIVE" at FayTV.net
43. 43 Notice Under the Americans with Disabilities Act (ADA):
44. 44 The City of Fayetteville will not discriminate against qualified individuals with disabilities on the basis of disability in the City’s services, programs, or activities. The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City’s programs, services, and activities. The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities. Any person who requires an auxiliary aid or service for effective communications, or a modification of policies or procedures to participate in any City program, service, or activity, should contact the office of Human Relations at yamilenazar@fayettevillenc.gov, 910-433-1696, or the Office of the City Clerk at cityclerk@ci.fay.nc.us, 910-433-1989, as soon as possible but no later than 72 hours before the scheduled event.