Fayetteville City Council Regular Meeting - February 27, 2023

The Fayetteville City Council met on February 27, 2023, at 7:00 PM in the Council Chamber. The meeting included approvals of a consent agenda, a public hearing on a conditional rezoning, detailed staff reports from the Fire and Police Departments covering 2022 fourth-quarter performance, and the appointment of a new Public Works Commission (PWC) member. Key discussions centered on public safety challenges, recruitment and retention, and community policing.

Consent Calendar

• The council approved the consent agenda (motion by Councilmember Jensen, seconded by Mayor Pro Tem Dawkins, carried 9-1) after amending it to add two items: rescission of the demolition ordinance for 1416 Coley Drive and discussion of the PWC appointment. The agenda order was also amended to move the public hearing before staff reports.
• Consent items included approval of multiple meeting minutes, four rezoning petitions (P23-01 through P23-04), two special use permits (SUP23-01 and SUP23-02), bid recommendations for microsurfacing and slurry seal, a budget resolution for opioid settlement funds, a quitclaim deed resolution, expansion of the Good Neighbor Homebuyer Loan Program, legal representation authorization, ordinance amendments to resume criminal enforcement, the 2023 All-America City Award application, a construction contract for Mazarick Park Tennis Center, annexation resolutions, solid waste ordinance adoption, and capital project ordinance amendments.

Public Comments & Testimony

• Public Hearing on P22-48 (Conditional Rezoning – Rim Road): The hearing was opened for a proposal to rezone 12.23 acres from Single-Family Residential 6 (SF-6) to Mixed Residential 5 Conditional Zoning (MR-5/CZ) to build no more than 72 apartment units at 0 Drive off Rim Road. The applicant's representative, Jonathan Charleston, presented a proposed site plan showing 22 buildings with 72 units (versus a possible 88 units without rezoning), a 20-foot-wide Type A buffer along northern and western property lines, and access via Rim Road, not Cliffdale Road. No speakers signed up in opposition. The public hearing was closed after questions from Councilmember Banks McLaughlin about traffic impact.

Discussion Items

• P22-48 Rezoning Decision: Councilmember McNair moved to approve the conditional rezoning with the stated conditions (no more than 72 units, buffer, access via Rim Road). The motion was seconded by Councilmember Ingram and carried unanimously. The project will be limited to 72 units.
• Fayetteville Fire Department 2022 4th Quarter Review: Chief Hill presented a comprehensive review, noting a record high attrition of 56 separations (16% of the department) and 14 vacancies, with 30% of departing firefighters leaving for other departments. He emphasized the need for investment in retention. Operational data: 27,647 total calls (up 1,233 from 2021), 90th percentile response time of 7 minutes 8 seconds, a significant increase in cardiac arrests and overdoses (nearly double), and a new hands-only CPR program. The department also reported 116,000 hours of training and 92 EMT certifications. Council received the report (motion by Councilmember Ingram, seconded by Councilmember Thompson, carried).
• Fayetteville Police Department 2022 4th Quarter Review: Chief Braden presented the report, highlighting an 8% reduction in homicides (44 total), a 10% increase in overall crimes against persons and property, and a 25% increase in felony arrests. The license plate reader program contributed to over 600 felony arrests. Traffic stops totaled roughly 32,000, with a focus on high-traffic corridors. Use of force incidents were reviewed, with a new alert system for officers with multiple uses of force. Domestic violence accounted for 9 of the 44 homicides; new victim-centered follow-up protocols were implemented. Recruitment efforts increased diversity (22% minority officers). Council received the report (motion by Councilmember Ingram, seconded by Mayor Pro Tem Dawkins, carried). Discussion included concerns about racial disparities in traffic stops and use of force, with Councilmember Benevente noting that data indicates black drivers are stopped at rates higher than in 2012. City Manager Hewlett and Chief Braden affirmed commitment to constitutional policing and transparency.
• Public Works Commission Appointment: After a procedural discussion, council conducted a runoff vote among five applicants (Christopher Davis, William Gothard, Joseph Halack, Theodore Moon, Peter Stewart). In the final round, Christopher Davis received 6 votes to Joseph Halack's 4, and was appointed to the PWC Commission.

Key Outcomes

• Approved the consent agenda as amended (9-1).
• Approved conditional rezoning P22-48 for up to 72 apartment units on Rim Road (unanimous).
• Received the Fire Department 2022 4th Quarter Report (motion carried).
• Received the Police Department 2022 4th Quarter Report (motion carried).
• Appointed Christopher Davis to the Public Works Commission (6-4 vote).
• Council directed the city manager to address fire department recruitment and retention concerns and to continue monitoring police department traffic stop data and use of force trends.