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HomeMy WebLinkAbout2020-03-16 - Minutes -Council Member Sonia Gutierrez Ward 1 Position 1 Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City of Fayetteville Arkansas City Council Meeting March 16, 2020 City Council Meeting Minutes March 16, 2020 Page 1 of 18 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A Special meeting of the Fayetteville City Council was held on March 16, 2020 at 4:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. This meeting was previously scheduled to be on March 17, 2020, but was moved up a day earlier due to the Coronavirus pandemic, COVID-19. Mayor Jordan called the meeting to order. PRESENT: Council Members Sonia Gutierrez, Sarah Marsh, Mark Kinion, Mathew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Kara Paxton, Staff, Press, and Audience. Council Member Mathew Petty attended the meeting via conference call. Council Member Mark Kinion arrived after Roll Call. Pledge of Allegiance Mayor Jordan: We have an opening statement from Council Member Petty. Council Member Petty: I apologize I'm not able to make it there in person. Thank you to everyone else for being there. This afternoon I was informed that one of our family members had contact with somebody that is undergoing testing. The contact was last Thursday. Even if the test is positive, we believe there is a low chance of transmission. We are taking comfort that a majority of test come back negative. However, we have been advised that if the test does come back positive, I will be quarantined with my family. The Washington Regional Screening Center advised that I attend this meeting via conference call. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 16, 2020 Page 2 of 18 Mayor Jordan: This will be a Special City Council meeting, which was scheduled for tomorrow. This is due to the urgency of what we are seeing going on with COVID-19. Mayor's Announcements, Proclamations and Recognitions: Award of Financial Reporting Achievement This item was postponed until the next City Council meeting. City Council Meeting Presentations, Reports, and Discussion Items: Nominating Committee Report Council Member Bunch presented the Nominating Committee report and recommended the appointments as submitted. Council Member Smith: The Nominating Committee saw fit to appoint my Brother -In -Law to the Energy Improvement District, so I will be recusing. Council Member Marsh: I need to recuse because I have a pending financial transaction with one of the nominees. Council Member Bunch moved to approve the Nominating Committee Report. Council Member Turk seconded the motion. Upon roll call the motion passed 6-0. Council Members Bunch, Turk, Gutierrez, Kinion, Petty, and Scroggin voting yes. Council Members Smith and Marsh recused. Agenda Additions: Mayor Jordan: We have three walk-ons tonight. City Attorney Kit Williams: We need to suspend the rules and place these on the agenda for tonight. Three items have been handed out to you. Council Member Bunch moved to add the three items to the agenda. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. Disaster Recovery Fund: A resolution to approve a budget adjustment appropriating $3,000,000.00 from the Disaster and Recovery Fund for the financial issues arising from the COVID-19 Pandemic. Paul Becker, Chief Financial Officer gave a brief description of the resolution. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar,gov City Council Meeting Minutes March 16, 2020 Page 3 of 18 Council Member Scroggin: Is there anything that triggers us having to vote again, due to the amount of money? Paul Becker: Anything over $20,000 we have to bring to you and it will have to be approved separately. Council Member Smith: Are there any parameters on what this can or can't be used for during this time? Paul Becker: Statutorily? Council Member Smith: Statutorily or in the way that we are allocating it? Paul Becker: The only thing we are doing right here is restricting us to this particular situation. That's the only thing that restricts it and that is per our discussion right now. Council Member Turk: After we authorize the city to spend the $3 million dollars, if you have an item that is over $20,000 do you need to come back to the City Council? Paul Becker: Absolutely. To clarify, we won't necessarily spend this money unless we need it. We want it on -hand to meet the emergency. Council Member Turk: Is there a way to suspend that? I don't want your hands to be tied waiting to have Special City Council meetings. Paul Becker: The $20,000 rule is state statute for all purchasing. I don't anticipate that we will have many, if any to that degree. Council Member Gutierrez: Can you give us some examples of what kinds of things the money can be used for? Could it be used for drive -through emergency testing? Paul Becker: We could use it for testing of our officers and our public safety people if necessary. If we have to pay additional overtime, which is one thing we might have to address. It could be for medical equipment for our people and for some screening equipment. Council Member Marsh moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 86-20 as recorded in the office of the City Clerk Temporary Extraordinary Powers: An ordinance to grant the Mayor Temporary Extraordinary Powers to provide for the safety and health of Fayetteville inhabitants and to pass an Emergency Clause. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 16, 2020 Page 4 of 18 City Attorney Kit Williams: Mayor Jordan and I looked at this issue and the situation we found ourselves in. It is sometimes hard to get the City Council together in situations like this. We are having all these problems and have not had a confirmed case in our city, but that will probably not remain true very long. Mayor Jordan does have some powers under the emergency proclamation powers and to do what the Governor and Board of Health tells him to do. This ordinance would enable Mayor Jordan to enforce what the CDC has recommended about no more than 50 people in a public gathering and other things like that. It should be within the power of the Mayor to protect the health and safety of our citizens, but until you pass this ordinance, it is not in his power. It is up to the City Council as the enacting governing body to place that power within the Mayor's office and allow him to execute it for a temporary period of time until April 29, 2020. It will automatically expire unless the City Council decides to renew it. Council Member Gutierrez: This only enacts the power to potentially limit 50 inhabitants to a bar or restaurant for example, and not to bring it into effect this evening? City Attorney Kit Williams: It doesn't bring it into effect this evening, but you would be granting the power of the Mayor to bring it into effect tomorrow. Council Member Gutierrez: As needed? City Attorney Kit Williams: You would be granting the Mayor the right to follow the recommendations of the CDC, the State Department of Health and others. He would enforce it like any other ordinance. If you grant this, it is a grant of power to the Mayor to do that. Council Member Bunch: It ends April 29, 2020? City Attorney Kit Williams: It will end April 291h unless the City Council takes an affirmative action by passing a resolution to extend it. Council Member Bunch: Do you think that will be long enough? City Attorney Kit Williams: Probably not, but we should wait. These are powers that the Mayor has not had to exercise in the past. By April 28th we should know more about what is going on. At that point you can decide whether you want to continue this. Council Member Turk: Right now it says, no more than 50 people gathering. If the CDC makes a different recommendation of around 10 people, which was in the news today, does this grant the Mayor the authority to adjust what the CDC recommends? City Attorney Kit Williams: The Mayor may enforce recommendations from the Center of Disease Control, Arkansas Department of Health and other recognized scientific and health authorities that make these recommendations. Council Member Turk: The Mayor can follow the CDC's recommendations, but he can't make it more restrictive than the CDC? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes March 16, 2020 Page 5 of 18 City Attorney Kit Williams: Not unless there is some other recognized scientific or health authority that would be making a more restrictive recommendation. Council Member Scroggin: If the group goes over 50, would we do fines or citations? What mechanism would we use? City Attorney Kit Williams: The establishment could receive a citation and then maybe a fine by the court. It would be the establishment and not the individual. The establishment owner is supposed to maintain and make sure it stays within the laws and regulations of our city. Council Member Smith: Would the Mayor also be able to apply this to other civic organizations, such as a Rotary meeting? City Attorney Kit Williams: The restaurants and bars are put in parenthesis to indicate an example, but not an exclusive example. Council Member Smith: How would you interpret an attempt to apply this to religious gatherings? City Attorney Kit Williams: I doubt very seriously it would be applied to religious gatherings. Council Member Smith: That is what I wanted to hear. Council Member Petty thanked Mayor Jordan for declaring an emergency last week. He spoke about the importance of recognizing that comparing Fayetteville to other communities may not really tell them anything. He stated the city is probably still behind, with respect to how many cases are in the community, although they have not been confirmed. He spoke about the Federal guidance constantly changing as the pandemic occurs. He stated the language of the ordinance should be expanded to give the Mayor more power because of the rapid change. He stated changes should be implemented tonight. He stated it is time to make drastic changes. He spoke about businesses needing to activate insurance policies. He stated this needs to be about getting the community ready for all the steps coming forward. He spoke about other cities closures in the United States. He spoke about taking actions quickly to prevent the spread of the Coronavirus. Molly Rawn, CEO of the Fayetteville Advertising and Promotion Commission stated the A&P receives funding from the hospitality industry. She stated her role is to encourage people to come to Fayetteville and attend events, spend money in restaurants and bars, and to stay in hotels. She stated it is apparent over the events of the past several days that it is impossible for her to do so in a responsible way. She spoke about restaurant owners being terrified because of the revenue they will lose, which could make it difficult to make rent and put food on the table. She spoke about carry out, delivery and dine -in options. She -spoke about needing guidance. She stated she will be back before City Council when the country is past this crisis and will be asking for Council's support in helping businesses however they can. She spoke about the square footage of a building and the amount of people in relationship to percentages. She stated she supports the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes March 16, 2020 Page 6 of 18 Council Member Turk: If the city were to close restaurants and bars, would that automatically be allowed under their insurance policy. If a vendor voluntarily closes, does that affect the insurance policy? Molly Rawn stated she wasn't an expert on insurance policies and did not know. Benjamin Mills, Foscoe Brewing Company stated he spoke to his insurance agent and pandemics are not covered. He stated most insurance policies include acts of natural disasters. He spoke about the fear and impact of not operating the business as normally as possible. Robert Lee, Renzo's Pasta and Italian Steakhouse requested for Council to be kind. He stated what Council decides limits paychecks and businesses going bankrupt. He stated there is no insurance coverage. Curtis Arnold, Cheers at the Old Post Office spoke about businesses checking for fevers. Mayor Jordan: The ordinance gives me power, but we haven't figured everything out. This is happening so quickly and I am making decisions hourly. This is doubling about every 24 hours and it is scary. We will continue to evaluate. City Attorney Kit Williams stated the reason they drafted the ordinance like this is because things are going to be changing quickly. He spoke about the Mayor looking at all of the different issues and that things will have to be worked out in the future. He stated health is on one side and people's livelihood is on the other and decisions are not going to be easy. He stated it is best to place the power with the Mayor and his staff at this point to weigh all considerations. He stated the City Council will be kept well informed of all the regulations that come forward. Council Member Marsh: Would we be wise to strike the 50 or more residents on the ordinance? Maybe we should instead say, prohibit gatherings. This will allow the CDC guidance to determine what the gathering size is. I suggest when looking at bars and restaurants, we look at a percentage of their occupancy rate. It would allow more space between people. Mayor Jordan spoke about how rapidly things were changing with updates and recommendations. Council Member Marsh spoke about wanting to amend the ordinance to remove 50 or more. There was a brief discussion about the wording of the amendment. City Attorney Kit Williams spoke about looking at each situation and the CDC recommendations. Council Member Marsh spoke about taking guidance from the CDC and other health authorities. She stated she wants to prioritize public safety and prepare for any eventuality. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes March 16, 2020 Page 7 of 18 Council Member Petty spoke in favor of an amendment. He stated closures might become necessary. He stated Council needs to be prepared so that they don't have to come back together to authorize, since it is an emergency. Terry Jones, 164 North Shipley spoke about community meals being shut down. He requested to know what could be done about meals. Molly Rawn, 2584 Elizabeth Avenue: St. Paul's Episcopal Church is still active with their community meals on Monday and Wednesday, but moving to a carry -out option. Council Member Marsh made a motion to amend the ordinance to prohibit the gathering of residents based on the recommendation of the CDC. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. Council Member Marsh: I appreciate the quick action that the Administration is taking. I am fully in support of us doing what we need to do to keep our community safe. This is a scary time and these are broad powers, but we are as prepared as a community can be. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Smith: How would regulations under this be communicated to the public? Mayor Jordan: We are putting out the latest information on the city website. Susan Norton, Chief of Staff: We would use the channel that we have established and we would continue to push it out through social media, but direct everybody back to the city website. There are daily updates and hourly updates if need be. City Attorney Kit Williams: I suggest that any regulations you propose be in written form and filed at the City Clerk office also. Council Member Smith: Mayor, since this has offered you a lot of latitude, I would not expect you to interpret or regulate in any way that endangers the community's access to food or those kinds of things. I have that confidence in you. Mayor Jordan: Thank you. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes March 16, 2020 Page 8of18 Council Member Gutierrez: I encourage people to sign up for the alert notifications. You can do that on the City of Fayetteville website. Mayor Jordan: This is not something I am thrilled to get to do. It creates a weight because whatever decision I make, it is going to impact somebody. I don't want to hurt anybody. The time has come to take action quickly. The virus is doubling every day. We are in a serious health crisis. We have to be proactive instead of reactive. I will bear the responsibility of the decisions I make. I will protect everybody, which includes the business owners and all citizens. I am going to rely on City Council Members to help get the word out of all that we are trying to do. We will get through this together. I work on the Meals on Wheels route and for some people that may be the only meal they get each day. That weighs on me. I will do the best job I can and appreciate the support. Council Member Petty: Mayor, I appreciate what you said. The community is looking to you and the rest of us for leadership. These actions are necessary. Denise Garner, Northwest Arkansas State Representative, District 84 stated she agrees with Molly Rawn. She spoke about the difficulty of making tough decisions. She spoke about students in Tennessee disregarding the CDC guidelines and still gathering in large numbers. She spoke about economic difficulties. She spoke about city, state and federal responsibilities. She stated we already know we have COVID-19 here, but we don't have the test to test everybody. She stated she knows there are clinically diagnosed people with COVID-19. She stated the sooner it is dealt with, the less economic burden and mortality. She stated she was available to assist in any way she could. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Council Member Marsh moved to approve an Emergency Clause. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. Emergency Clause Approved Ordinance 6292 as Recorded in the office of the City Clerk Washington County Detention Center COVID-19: A resolution to express the City Council's support for the release of pre-trial non-violent detainees from the Washington County Detention Center to reduce the risk or impact of a COVID-19 outbreak in the jail and to protect the public health during a State of Emergency. Council Member Smith gave a brief description of the resolution. He stated in this situation, time is of the essence. He stated these are people with no way out and it will only take one person booked into the detention center to expose others and it could go throughout the entire population. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 16, 2020 Page 9 of 18 Stan Adelman, Washington County Detention Centers thanked Council Member Smith for sponsoring the resolution. He stated the jurisdiction lies at the County level. He spoke about the jail being overly populated. He stated he was hired to come into the jail and make recommendations as to who can be safely let out, while being consistent with public safety. He stated the jail is in Fayetteville, people from Fayetteville are detained there, and people from Fayetteville work there. He stated the jail has a highly transient population. He spoke about the health precautions being taken in the jail. He stated as far as he knew the jail is COVID-19 free, but it only takes one person to spread it in the jail and then in the community. He stated the jail is taking the strongest measures they can to prevent the virus. He stated he has made a request to the Circuit Court Judges in the County to do whatever they can and get as many people as they responsibly can out of the jail, while using responsible tactics. He requested for the City of Fayetteville to urge the county to take measures that can be responsibly taken to reduce the population of the jail by considering non-violent offenders. Council Member Turk: Have you spoken with the Sherriff about this idea? Would he be able to accommodate this in terms of tracking and other concerns he may have about this suggestion? Stan Adelman: I've been speaking with the Sherriff and his staff on a regular basis since I started in this position last summer. This particular proposal he is aware of. Sherriff Helder has not formally endorsed it. I don't want to speak out of turn, but my sense is that he is favorable to anything that will make life easier, less crowded and less dangerous. We have made the County Prosecutor and the Public Defender Office aware. My sense is that they are doing what they can to push cases through the system to get people out of the jail. The City Council's endorsement could help. Council Member Turk: Thank you for bringing it to our attention. Council Member Smith requested for the resolution to be read aloud. City Attorney Kit Williams react the resolution. Council Member Gutierrez moved to approve the resolution.' Council Member Marsh seconded the motion. Upon roll call the resolution passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. Resolution 87-20 as recorded in the office of the City Clerk Consent: Mayor Jordan: I want to pass the Consent agenda tonight. I had several people call wanting to comment on some of the other topics, but folks were concerned about gathering with us tonight. I want to postpone everything, but two or three things on New Business. I want people to be able to weigh in on topics and feel comfortable about attending the meeting. We will bundle the rest of the topics tonight and table them until the next City Council meeting. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes March 16, 2020 Page 10 of 18 Approval of the March 3, 2020 City Council meeting minutes. Approved McClelland Consulting Engineers, Inc.: A resolution to approve Supplemental Agreement No. 4 to the contract with McClelland Consulting Engineers, Inc. in an amount not to exceed $125,258.00 for construction management and observation services associated with the Highway 16 Utility Relocations Project. Resolution 88-20 as recorded in the office of the City Clerk Williams Tractor, Inc.: A resolution to approve the purchase of three Hustler Super Z mowers from Williams Tractor, Inc. in the total amount of $28,485.00, pursuant to a state procurement contract. Resolution 89-20 as recorded in the office of the City Clerk Bergkamp, Inc.: A resolution to authorize the purchase of an asphalt repair truck and roller from Bergkamp, Inc. of Salina, Kansas for the amount of $204,890.00, pursuant to a Sourcewell cooperative purchasing contract. Resolution 90-20 as recorded in the office of the City Clerk SASCO & Southern Star Materials: A resolution to authorize the purchase of a Craftco Supershot Crack Sealer from SASCO & Southern Star Materials of Springfield, Missouri for the amount of $81,532.01, pursuant to a Sourcewell cooperative purchasing contract. Resolution 91-20 as recorded in the office of the City Clerk Chevrolet of Fayetteville: A resolution to approve the purchase of three Chevy Traverses from Chevrolet of Fayetteville in the total amount of $74,991.00, pursuant to a state procurement contract. Resolution 92-20 as recorded in the office of the City Clerk Lewis Ford: A resolution to approve the purchase of two Dodge Ram 1500 trucks from Lewis Ford of Fayetteville in the total amount of $43,268.00, pursuant to a state procurement contract. Resolution 93-20 as recorded in the office of the City Clerk Multi -Use Trails Easement: A resolution to authorize Mayor Jordan to convey a Multi -Use Trails Easement to the City of Springdale to allow a natural surface mountain bike trail to cross through City of Fayetteville property. Resolution 94-20 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 wv✓w.fayetteviIle-ar.gov City Council Meeting Minutes March 16, 2020 Page 11 of 18 Bid #20-34 Visionaire Lighting, LLC: A resolution to award Bid # 20-34 and authorize the purchase of trail light fixtures from Visionaire Lighting, LLC for the unit price of $1,100.00 and fiberglass light poles from Alliance Composites, Inc. in for the unit price of $450.00, plus applicable taxes and freight charges, in variable amounts as needed through December 31, 2020. Resolution 95-20 as recorded in the office of the City Clerk South Delta Aviation, Inc.: A resolution to approve a three year lease agreement with South delta aviation, Inc. for the airport hangar at 4248 south school avenue for rent in the amount of $3,084.00 per month. Resolution 96-20 as recorded in the office of the City Clerk South Delta Aviation, Inc.: A resolution to approve a three year lease agreement with South Delta Aviation, Inc. for the airport hangar at 4230 South School Avenue for rent in the amount of $1,387.80 per month. Resolution 97-20 as recorded in the office of the City Clerk Arkansas Community Foundation Grant: A resolution to authorize acceptance of the Arkansas Community Foundation Grant Award in the amount of $20,000.00, and to approve a budget adjustment. Resolution 98-20 as recorded in the office of the City Clerk Wastequip, Inc.: A resolution to approve the purchase of trash and recycling containers and compactor related products and services from Wastequip, Inc., pursuant to a Sourcewell cooperative purchasing contract, through July 7, 2021, and any future renewal periods. Resolution 99-20 as recorded in the office of the City Clerk Friends of YRCC Donation: A resolution to approve a budget adjustment in the amount of $24,273.00 representing a donation from Friends of YRCC to fund summer and fall programs offered at the Yvonne Richardson Community Center. Resolution 100-20 as recorded in the office of the City Clerk Arkansas Occupational Health Clinic: A resolution to authorize a one year contract with an option to renew for up to four, additional one year terms with Arkansas Occupational Health Clinic in an amount not to exceed $80,000.00 for physical exams and health screenings for Fire Department employees at a cost of $364.00 to $775.00 per exam. Resolution 101-20 as recorded in the office of the City Clerk Casco Industries: A resolution to authorize the purchase of protective bunker gear for the Fire Department on an as -needed basis from Casco Industries through December 31, 2021, pursuant to a regional cooperative bid process through the City of Springdale. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes March 16, 2020 Page 12 of 18 Resolution 102-20 as recorded in the office of the City Clerk Council Member Smith moved to accept the Consent Agenda as read. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. Unfinished Business: C-PZD 19-6952 (5102 W. Wedington Dr./L.BDG Wedington): An ordinance to approve a Commercial Planned Zoning District entitled C-PZD 19-6952 for approximately 8.60 acres located at 5102 West Wedington Drive to allow the development of mini -storage units and accessory office and retail space. At the February 18, 2020 City Council meeting this ordinance was left on the First Reading. At the March 3, 2020 City Council meeting this ordinance was left on the Second Reading. There was a brief discussion about the date to table the items and being creative with meeting styles to encourage social distancing. Council Member Turk spoke in favor of tabling items to allow public input. Council Member Marsh made a motion to table the ordinance to the April 7, 2020 City Council meeting. Council Member Turk seconded the motion. Upon roll the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. This ordinance was Tabled to the April 7, 2020 City Council meeting. Enact §114.20 Regulation of Single -Use Disposable Bags: An ordinance to enact §114.20 Regulation of Single -Use Disposable Bags Provided by Large Food Stores. At the March 3, 2020 City Council meeting this ordinance was left on the First Reading. Council Member Marsh made a motion to table the ordinance to the April 7, 2020 City Council meeting. Council Member Turk seconded the motion. Upon roll the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. This ordinance was Tabled to the April 7, 2020 City Council meeting. New Business: Shipley Motor Equipment Co.: An ordinance to waive the requirements of formal competitive bidding and authorize the repair of a Recycling and Trash Collection truck by Shipley Motor Equipment Co. for the amount of $42,352.81. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar,gov City Council Meeting Minutes March 16, 2020 Page 13 of 18 City Attorney Kit Williams read the ordinance. Paul Becker, Chief Financial Officer gave a brief description of the ordinance. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. Council Member Turk moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. Ordinance 6293 as Recorded in the office of the City Clerk Bid #20-29 Cornerstone Construction of Russellville, Inc.: A resolution to award Bid #20-29 and authorize a contract with Cornerstone Construction of Russellville, Inc. in the amount of $1,689,781.20 for construction services associated with the Highway 16 Utility Relocations Project, to approve a project contingency in the amount of $168,978.12, and to approve a budget adjustment. Tim Nyander, Utilities Director gave a brief description of the resolution. Council Member Gutierrez moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. Resolution 103-20 as recorded in the office of the City Clerk HACH Company: An ordinance to waive competitive bidding and approve the purchase of two analyzers and four sludge level detection assemblies from HACH Company for the Noland and West Side Water Resource Recovery Facilities in the total amount of $56,943.00 plus applicable taxes and freight charges. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes March 16, 2020 Page 14 of 18 Council Member Scroggin made a motion to table the ordinance to the April 7, 2020 City Council meeting. Council Member Bunch seconded the motion. Upon roll the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. This ordinance was Tabled to the April 7, 2020 City Council meeting. Sain Street Extension Project: An ordinance to vacate a portion of right-of-way from Front Street to Joyce Boulevard for the Sain Street Extension Project. Council Member Scroggin made a motion to table the ordinance to the April 7, 2020 City Council meeting. Council Member Bunch seconded the motion. Upon roll the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. This ordinance was Tabled to the April 7, 2020 City Council meeting. ADM 20-6998 Amend Ordinance No. 2883 Sain Street: An ordinance to amend Ordinance No. 2883 by removing the requirement to construct a cul-de-sac at the end of Sain Street. Council Member Scroggin made a motion to table the ordinance to the April 7, 2020 City Council meeting. Council Member Bunch seconded the motion. Upon roll the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. This ordinance was Tabled to the April 7, 2020 City Council meeting. Enact Article X Pedal Carriages: An ordinance to enact Article X Pedal Carriages into Chapter 117: Vehicle -Related Businesses. Council Member Scroggin made a motion to table the ordinance to the April 7, 2020 City Council meeting. Council Member Bunch seconded the motion. Upon roll the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. This ordinance was Tabled to the April 7, 2020 City Council meeting. 2019 Drainage Improvements Bond Project: A resolution to approve the purchase of property located at 923 West Cato Springs Road from Miguel and Juanita Contreras for the amount of $92,000.00 to reduce future flood damage and restore flood capacity in the area, to approve a project contingency in the amount of $3,000.00 to cover all associated closing costs, to approve 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes March 16, 2020 Page 15 of 18 internal charges in the amount of $1,500.00, and to approve a budget adjustment - 2019 Drainage Improvements Bond Project. Chris Brown, City Engineer gave a brief description of the resolution. Council Member Gutierrez moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. Resolution 104-20 as recorded in the office of the City Clerk 2020 Merit Staff Pay and Benefits Study: A resolution to approve the 2020 Merit Staff Pay and Benefits Study Report prepared by the Johanson Group, and to adopt the 2020 Merit Staff Pay Plan Structure. Council Member Scroggin made a motion to table the resolution to the April 7, 2020 City Council meeting. Council Member Bunch seconded the motion. Upon roll the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. This resolution was Tabled to the April 7, 2020 City Council meeting. 2020 Employee Compensation: A resolution to approve a budget adjustment in the amount of $1,322,000.00 to facilitate the city-wide 2020 Employee Compensation Adjustment. Council Member Scroggin made a motion to table the resolution to the April 7, 2020 City Council meeting. Council Member Bunch seconded the motion. Upon roll the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. This resolution was Tabled to the April 7, 2020 City Council meeting. Announcements: Susan Norton, Chief of Staff spoke about all the information that could be viewed on the City of Fayetteville website to stay informed. She stated the Spring Bulky Waste Drop Off was still open to receive waste. She thanked the Communication team and city staff for their valiant efforts in all they have done during the COVID-19 pandemic. She stated her appreciation for the Human Resources Department for working on a new policy that Mayor Jordan approved. She spoke about the policy of Maintaining Core and Essential Services through remote work options. She stated each department has been asked to develop a work plan. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 16, 2020 Page 16 of 18 She stated the Communications Department, Building Services and Development Services had their proposed work plan ready. Garner Stoll, Development Services Director spoke about his action plan for his employees. He stated the plan would begin on Marchl7, 2020. He stated he would close his office from public access. He stated they will still be taking permit applications, development review applications, and other applications their office deals with through electronic submissions, which the process is already in place. He stated many of his staff can work from home and arrangements would be made. He stated his department is a tech savvy department and most of their work can be done remotely. He spoke about reducing face-to-face meetings. He stated people can contact them through phone, email or online. He spoke about upcoming meetings that were canceled, but assured customers it would not delay work from being performed. Susan Norton: We have received submissions from out IT Department, Recycling & Trash and Sustainability. At this time, City Hall is still open and out Utility customers will still be serviced, but that is subject to change. Council Member Smith: Can you describe the work policy for the people who are not in a position to work remotely? Susan Norton: Council is aware of our Inclement Weather Policy. The field staff and crews will maintain all the different core functions of the city when it comes to keeping our Water & Sewer operational and our transportation system running. Tim Nyander, Utilities Director spoke about essential service employees who would read the water meters, do construction with water leaks and repairs on the sewer. He stated three core employees in the Utility Department can work from home. He stated his employees are practicing all the recommendations for social distancing. He spoke about the daily disinfecting of city vehicles and the Operation Center. He stated essential employees are the ones who have to go out into the field and do the work needing to be performed and respond to customers. He spoke about having employees distance themselves away from customers with a minimum of 10 feet. He stated this will be their course of action until the pandemic is over. Council Member Bunch: With all the schools being out, do we have anything in place to help parents that might have to take care of kids, which could impede their work abilities? Susan Norton: There is a provision in our sick leave policy for employees who are affected, which will be at the Manager's discretion. There will be the option for employees who can't log work from home to use the sick leave bank and other banks. If it is necessary, they can carry a negative balance in their bank. We are trying to figure out how to accommodate everyone. The Mayor made the decision that* there would not be water utility cut-offs and late payments will not be accrued. Other utility companies have announced similar programs. Paul Becker, Chief Financial Officer: The Mayor and I discussed this. People must have water to be able to wash hands. We will not have cut-offs to water supply. When we get through this, back payments will have to be made. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar,gov City Council Meeting Minutes March 16, 2020 Page 17 of 18 Council Member Scroggin thanked Mayor Jordan and staff for their leadership they have shown. He stated his appreciation of water not being cut off. Mayor Jordan: Thank you. Brad Hardin, Fire Chief spoke about the Regional Task Force meeting where many organizations were in attendance to discuss the COVID-19 pandemic, while practicing social distancing. He spoke about the coronavirus screening process by health care professionals and facilities performing the test. He spoke about law enforcement and fire agencies attempt in keeping the virus out of all their facilities. He spoke about trying to have limited contact in nursing home facilities since elderly are the most vulnerable population. He spoke about quarantine housing options if the need arose for emergency personnel. He spoke about his concerns if a large portion of emergency personnel was infected. He spoke about Washington State having a 40% reduction in the workforce due to the pandemic. He stated they are creating a plan if there is a reduction in the workforce to be able to still provide services. He spoke about the school district working to provide a meal to school aged children, which could potentially be the only meal some kids have for that day. Council Member Turk: There is a 40% reduction of the Fire and Police workforce in Washington State? Brad Hardin: Yes, they got hit hard. We are being considerably cautious. We are hoping we don't see numbers such as that. Council Member Turk: Have you discussed the opportunity to call in retirees or people that are out of the workforce, but have experience? Brad Hardin: We have had that conversation. We are trying to work through that and what the logistics would be. We are exploring what the options are. Fire and Police will continue to provide services. Mike Reynolds, Chief of Police stated the Police Department put out a public service announcement on their social media pages. He stated public safety is his number one priority for citizens and the community. He stated it always has been and always will be. He spoke about being responsible and responsive regarding the pandemic. He spoke about some areas where Police Officers could increase their social distancing with requesting online reporting or live reporting. He stated customer service is very important, but the business model would have to change a little bit during the crisis. He stated the Police Department will always be there to respond to emergency situations such as 911 calls or a crime in progress. He spoke about the different tactics to keep officers from being exposed to the virus when responding to non -emergency calls. He spoke about utilizing protective personal equipment for the officers. He spoke about his officers working security at the Washington Regional Medical test site. He spoke about the alternatives to arrest. He spoke about canceling community outreach events until further notice, but is dedicated to continue those events after the crisis is over. He spoke about sanitizing police vehicles and the police, facility. He spoke about the procedures that are place to monitor the health of all Police Officers. He stated the Police Department is a 24/7 operation and public safety is his number one 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes March 16, 2020 Page 18 of 18 priority. He stated the Police Department will be there for citizens if they are needed, whether a citizen has COVID-19 or not. Council Member Turk: We just gave Mayor Jordan the authority to prohibit gatherings based on the CDC recommendation. If people aren't being responsible and you see a large gathering, is there any plan to do community outreach to let them know they have exceeded the limit? Mike Reynolds: We are all in this together, so it's not just the responsibility of the Police Department. It is the responsibility of our entire community. There was an ordinance that you all passed earlier tonight giving the Mayor that authority. We would respond and encourage those groups to disperse. You run into some constitutional issues when talking about First Amendment rights. It is a difficult situation. We hope everyone in the community understands and cooperates so we can all get through this. We will do our best to encourage until we have the authority to enforce. Council Member Turk: You have a couple of officers that work on Dickson Street. Will they be actively looking at those kinds of things and encourage people to disperse? Mike Reynolds: We have four officers assigned to Dickson Street. Some of the officers had received concerns from the bar owners over the weekend about too many people being in restaurants and bars. The officers encouraged the restaurant and bar owners to abide by the CDC regulations. Until the Mayor enforces any type of occupancy rates, which is something the Fire Department usually enforces and we will assist them with that, this is all we have to go by regarding enforcement. Mayor Jordan thanked Chief of Staff, Susan Norton and Communications Director, Lisa Thurber for their dedicated work. He thanked Police Chief Reynolds, Deputy Police Chief Fields and Fire Chief Hardin for their work. He thanked City Department Supervisors, City Attorney Office, City Clerk Office, and all staff members for working for solutions to the problem. He thanked City Council. He stated if everyone works together, we will get through this. City Council Agenda Session Presentations: Agenda Session Presentation - Salary Survey and Wage Discussion City Council Tour: None ent: 6:26 p.m. 1 71RE-�'Ai�i v: .p Jar n ayor Kara Paxton, City Clerk Treasurer FAYETTEVILLE•. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov r'�, illh it i ltW�� �`'