Fayetteville City Council Regular Meeting - June 24, 2024

The Fayetteville City Council held a regular meeting on June 24, 2024, at 6:30 PM. Key actions included adopting a $321 million FY 2024-2025 budget with a 4-cent property tax increase, approving multiple rezoning and annexation requests, and issuing proclamations for Pride Month, Juneteenth, and Military Women's Health. A controversial rezoning for a 300-unit apartment complex on Cedar Creek Road passed 5-3 after extensive public testimony.

Consent Calendar

• Approved meeting minutes from May 28, June 3, June 10, and June 12, 2024.
• Approved initial rezoning (P24-07) for 3.5 acres at 2246 Angelia M Street from Planned Industrial (M(P)) to Light Industrial (LI).
• Approved rezoning (P24-21) at 1202 Irving Drive from Single Family Residential 6 (SF-6) to Limited Commercial (LC).
• Approved rezoning (P24-23) of multiple properties on Village Drive to Office and Institutional (OI) for Cape Fear Valley Hospital expansion.
• Approved rezoning (P24-24) from Limited Commercial Conditional Zoning (LC/CZ) to Limited Commercial (LC) at 7376 Stoney Point Road.
• Approved rezoning (P24-27) from Mixed Residential 5 Conditional Zoning (MR-5/CZ) to Single Family Residential 10 (SF-10) at 0 Carvers Falls Road.
• Approved Special Use Permit (SUP24-04) for reduction of separation requirement for automotive wrecker service at 639 Gillespie Street.
• Approved bid recommendations for street resurfacing (Phase II) and Rosehill Road sidewalk project, with associated capital project ordinance amendments.
• Adopted Special Revenue Fund Project Ordinances 2025-1, 2025-2, and 2025-3 for CDBG, HOME, and HOPWA programs.
• Adopted Budget Ordinance Amendment 2024-15 for General Fund, Stormwater Management Fund, Transit Fund, and Fleet Management Fund.
• Approved professional service contract for Russell & Person Street Bridge and Stream Improvement Project design services.
• Approved Fayetteville Downtown Parking Hours Change.
• Item 7A14 (Request for Legal Representation of City Employees) was pulled for separate discussion.

Public Comments & Testimony

• Pride Month Proclamation: Crystal Maddox, representing Fayetteville Pride, thanked the council and invited the community to the Pride Fest on June 29 at Festival Park.
• Cedar Creek Rezoning (P24-22) and Annexation (AX24-02):
  • Applicant (Jonathan Charleston): Argued that the 300-unit apartment complex is consistent with city growth needs and that restrictive covenants give the sellers control over development. Emphasized that stormwater management will be reviewed by professional staff and DEQ.
  • Opponents: Dr. Robert Naylor (1997 Water Oaks Drive) cited flooding from Hurricane Florence, said the developer misled the sellers, and questioned the mayor's business involvement. Jeremy Stanley (2313 Cleveland Ave) disputed the claimed housing shortage and cited school overcrowding with 1,583 students at Cape Fear High School (capacity 1,100). Brandon Perdue (1531 Cedar Creek Rd), a colonel and engineer, argued the rezoning does not conform to the 2040 comprehensive plan or land use maps. Channing Perdue raised flood risk and a denied moratorium. Jane Eckles (1684 Cedar Creek Rd) highlighted conflict of interest regarding the mayor's involvement.
  • Rebuttal (Jonathan Charleston): Reiterated that restrictive covenants protect the sellers, that professional staff will handle stormwater, and that the rezoning is a legislative decision not subject to quasi-judicial findings.
• Other Public Hearings: Brief statements of support from Gordon Rose (engineer for Bobcat annexation) and David Sumner and Macwin Bo (Cape Fear Valley Health) on the hospital overlay amendments.

Discussion Items

• Item 7A14 – Legal Representation & Sentinel Event Review: Councilmember Benavente moved to approve legal representation for city employees and also to direct staff to establish a sentinel event review process. Councilmember Pro Tem Jensen requested a split vote. First motion (approve representation) passed unanimously. Second motion (establish sentinel event review process) passed 7-3, with Mayor Pro Tem Jensen and Councilmembers Thompson and Hare voting no.
• Cedar Creek Rezoning (P24-22): Extensive discussion followed public testimony. Councilmember Davis asked about feasibility tests and restrictive covenants. Councilmember Benavente inquired about the Locks Creek drainage improvement project (estimated at $8.8 million planning level, later revised to $850,000). Stormwater manager Byron explained that the city's stormwater ordinance requires limiting peak discharge and can impose stricter requirements (e.g., 25-year storm) in documented flood areas. Councilmember McNair noted the restrictive covenants give the sellers ongoing control. Councilmember Hondros commented that the property fits parameters (bus route, near interstate) and that development would catalyze parks and fire station improvements. The motion to approve MR5-CZ with a condition of no more than 300 units passed 5-3.
• Budget Adoption (9.01): City Manager Hewitt and Finance Director Jeff Yates presented the final FY 2024-2025 budget. Key points:
  • Tax rate increase of 4 cents to 57.95 cents per $100 (general ad valorem), MSD rate up 7 cents to 17 cents, stormwater rate up $1, solid waste rate up $10.
  • Public safety starting pay raised to approximately $50,500 with compression adjustments, funded by $11 million.
  • $500,000 added back for litter pickup and right-of-way maintenance after initial cut.
  • $100,000 for corridor beautification.
  • Sales tax revenue loss of $9 million due to county agreement.
  • Budget balanced with $8.1 million in cuts, freeze on 35 police officer positions, and one-time reserves.
  • Councilmembers thanked staff; Councilmember Hondros noted the difficulty in raising taxes but supported the budget. Councilmember Thompson moved adoption; it passed unanimously.
• Administrative Reports (10.01, 10.02): Residential Traffic Management Program and Mandatory Education for Council Members were placed on the next work session agenda without further discussion.

Key Outcomes

• Sentinel Event Review Process: Council directed staff to establish a sentinel event review process, with outreach to the Attorney General's office and national partners (e.g., NACo). Motion carried 7-3.
• Cedar Creek Rezoning Approved: Map amendment to MR-5/CZ for 27.72 acres at Cedar Creek Road and Fields Road, allowing up to 300 apartment units. Passed 5-3.
• Cedar Creek Annexation Approved: Annexation of four parcels (27.72 acres) into city limits effective June 24, 2024. Vote 8-0.
• Hospital Area Overlay Amendments Adopted: Unanimous approval to amend the Hospital Area Overlay and Plan to streamline expansion of Cape Fear Valley Medical Center.
• Bobcat Annexation Approved: Annexation of 3.5 acres at 2246 Angelia M Street effective June 24, 2024. Vote unanimous.
• FY 2024-2025 Budget Adopted: Unanimous approval of $321 million budget with 4-cent property tax increase (57.95 cents per $100), MSD rate increase to 17 cents, stormwater rate increase to $1/month, and solid waste rate increase to $10/month. Public safety salaries boosted. Litter pickup and beautification funded.
• Consent Calendar Items Approved: All consent items except 7A14 were approved as a block.