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HomeMy WebLinkAbout2021-06-01 - Minutes -Council Member Sonia Gutierrez Ward 1 Position 1 Council Member D'Andre Jones 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 June 1, 2021 City Council Meeting Minutes June 1, 2021 Page 1 of 21 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 Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on June 1, 2021 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. In order to create social distancing due to the Coronavirus, COVID-19 pandemic, Council Member Mark Kinion joined the meeting via online using a video conferencing service called Zoom. Mayor Lioneld Jordan, Council Members Sonia Gutierrez, D'Andre Jones, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, Holly Hertzberg, City Attorney Kit Williams, Deputy City Clerk Lisa Branson, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Chief of Police Mike Reynolds, Fire Chief Brad Hardin, staff members from the IT Department, and members of the press were present in City Council Chambers while demonstrating recommended social distancing. Pledge of Allegiance Mayor's Announcements Proclamations and Recognitions: Mayor Jordan: We have Council Members, city staff, and the public participating in this meeting, virtually and in -person. Public comments will be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they may wish to address being open for public comment. Each speaker has one turn to speak. Each speaker is allowed five minutes to be broken into segments of three and two minutes, which staff will monitor. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayettevilie-ar.gov City Council Meeting Minutes June 1, 2021 Page 2 of 21 vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three minutes. The City Council may allow both a speaker additional time and an unsigned up person to speak, by unanimous consent or majority vote. City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. He stated this report is through through April, which is period four of the 2021 fiscal year. He stated city sales tax was up at an amazing 34% for the month of March. He stated retail sales and internet sales were up very strong. He stated that is up 14% compared to budget. He stated franchise fees are up at 4%, beverage taxes are up at 6%, building permits are down 20%, charges for services are down 2%, and court fees and fines are down about 15%. He stated the General Fund is up 15% compared to budget. He spoke about the salary increase packages. He stated the goal is to make sure operating revenue equals operating expenses. He stated he is very pleased with where the city is right now. He stated street fund is up 11 % above budget and the parking fund is down 17% compared to budget. He stated the HMR fund was up 20% compared to budget and Water & Sewer billings are up 7% for the month. He spoke about outstanding customer delinquencies due to the Coronavirus, penalties, payment plans and cut-offs. He stated Recycling and Trash collection revenues are down 2%. He stated aviation gas is up 14%, which is a strong increase. Agenda Additions: Amend Ordinance 6323: An ordinance to amend Ordinance 6323 pursuant to the new recommendations of the Center for Disease Control and Prevention and the City Board of Health. Mayor Jordan: I am bringing forward an ordinance that Kit Williams drew up. We had several meetings with the City Health Board. Dr Sharkey and Dr. Garner are here tonight to answer any questions you might have. We passed an ordinance last year. The Board of Health met after the CDC new directives came out and they made recommendations to the City Council. I'm the only elected official on the board and I brought it forward to you all to consider. There are three things we can do with the present ordinance that we have in place. You can either keep the old ordinance, repeal it or modify it. Kit put together directives from the Board of Health incorporated into the ordinance, which is pretty sound. We have to add this to the agenda. Council Member Scroggin moved to add the ordinance to the agenda. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: We discussed this with the City Council considerably during the Agenda Session. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 1, 2021 Page 3 of 21 Dr. Sharkey, City Board of Health. She stated the Board of Health met after the CDC changed their guidelines and reviewed the science behind the changes. She stated we felt they were justified, and therefore made our recommendations to the City Council, based on the science. She stated we want to emphasize that we want to continue to strongly recommend vaccinations for all of our citizens. She stated we acknowledge it's not going to be feasible to know who is vaccinated and who is not. She feels confident at the moment as cases are going down that this is the right way to move forward. She stated we have seen very low hospitalization rates of three to five locally in our hospitals. She stated we've had five deaths in the month of May, which is five too many, but way down. She stated for the first time in over a year, we had zero cases reported in Washington County a few days ago. She stated the last time that happened, was May 11, 2020. Council Member Turk: Are you seeing anything different or non -representative in Fayetteville compared to the rest of the country? Are we having the same trends as the rest of the country or are we different in some way? Dr. Sharkey: We are very similar to the rest of the country. Our peak was a little higher and we came down a little faster than the rest of the country through the winter months. We have been stable in our counts for six weeks. In the past two to three weeks we've gotten lower every day and every week. Our 14 day average of new cases is down to about nine. It was 18, two weeks ago. We are really making good progress. Council Member Turk: Excellent. Do you have any special concerns about Fayetteville going forward, as compared to the rest of the country with the CDC guidelines? Dr. Sharkey: Not at the moment. What we saw last Fall in Fayetteville when we had an influx of students come, we saw our cases rise acutely. That would be the next time I would be watching something unique in Fayetteville, is when classes resume in the Fall. Council Member Jones: What can we do as a city to encourage vaccinations? Dr. Sharkey: That's the question of the hour. It's all about education and overcoming so much that is going on in social media, which is proving to be very difficult. However, we are still vaccinating daily in the city and across the area. I feel very good about our vaccination rates as they have continued. Council Member Jones: How are we compared to the rest of the region and the state? Dr. Sharkey: We are very similar. I have asked and asked ADH for local data and have not been able to get it. I've only gotten county level data. I would love to prove my gut right that shows Fayetteville is doing much better than the surrounding areas, but I don't have any data to back that up. Jeremy Roberts, Citizen spoke about being disabled. He stated he had been hurt today by the Police Department while printing things off at the library. He spoke about trying to make the city aware of the exemption set up by the State of Arkansas, which is precedent for any accommodations to be given. He spoke about the constitutionality of his situation. He wants the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 1, 2021 Page 4 of 21 city to make businesses aware that there are exemptions. He requested for an investigation of Council Member Petty about an ethics violation. He stated discriminating against a disabled person is unlawful and it needs to stop immediately. He demands that the City Council follow the constitution of the State of Arkansas and the constitution of the United States to allow him his liberties. Council Member Kinion: I did watch the video of the library incident. I think there could have been more sensitivity with the Police Officers that were handling the situation. It's hard to know always what is going on. I've talked with Mr. Roberts and I'm well aware of his disability. He should be accommodated. Perhaps the city would like to review that tape sometime and offer some sensitivity training for mental health issues that someone may be having. Mr. Roberts was obviously in the midst of a PTSD situation. It was escalated, rather than de-escalated in the situation from the point of view I saw on the tape. Mr Roberts, I'm very sorry you had to endure that, and I am empathetic. Mental health is as equally important as physical health. I recognize you do have that disability and you should be accommodated. Council Member Turk: I have talked to a lot of residents this week, medical professionals and business owners. I feel by continuing to require the mask, we are putting businesses in a difficult situation. They end up enforcing our regulation. They may want to not require mask in their business, but the city continues with this ordinance requiring them to do so. I would like to move to amend Section 2. Instead of saying, and that all not fully vaccinated persons within public service areas and all places of public accommodation are required. I'd like to change that to, "recommend to constantly wear face masks covering the nostrils amount of such unvaccinated person, subject to the following exemptions." We would recommend rather than require. We are on the honor system. There's no national card that says we've been vaccinated. There's no national policy. Our best guidance is with the CDC. I support CDC guidance, unless there was something unusual or different about Fayetteville. Mayor Jordan: You want to change the wording in Section 2 from required to recommend. Is that correct? Council Member Turk: That is correct. Council Member Hertzberg: Thank you to Council Member Turk for your comments. I completely agree with you. This would be good to show we definitely agree with the CDC recommendations, but we're not making it a requirement, which I believe is unenforceable. I don't know that we should have an ordinance requiring that. Council Member Scroggin: I'm okay with this change. We are almost on the honor system as it is now. It's imperative we match what the CDC is doing. This isn't going to be the first major pandemic. We are a growing population on a finite planet and these things may continue to happen. If we follow the CDC when it's strict, but then when we don't follow it when it's not strict, it looks very inconsistent. We need to be more consistent to show we are following the science. I will be supporting this. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 1, 2021 Page 5 of 21 Council Member Kinion: I also support this. If you understand the science behind the vaccination, you do have some information that supports the efficacy. I was with Smithkline Biologicals, which is a vaccine division for 23 years. I come from a scientific background. This offers the opportunity for a citizen to take responsibility of their own decisions. When we passed that mask ordinance, we did not have the vaccine available, so we had to be proactive. Right now, there is the choice so that you can be protected. If you don't believe in the science behind it, then you have the choice to believe that also. A recommendation, rather than a requirement is a good thing to add to this and supports the science behind it. Council Member Bunch: This is a fair change to make. I believe when we did pass our mask ordinance, I'd like to think it helped quite a bit. It brought it to the forefront that people needed to be wearing a mask and we were really going to support that. I'm hoping this will continue to encourage people to get the vaccination. Making this change takes a little bit of the burden off of businesses to try to understand what they should be doing. I am going to support it. Council Member Scroggin: If a business wants to continue to enforce masks at their own business, is this ordinance still going to protect them? Do we need to add support for them, or do you feel they already have that support? City Attorney Kit Williams: Businesses have a right to require certain things to come inside, such as no shoes, no shirt, no service. They could also say no mask, no service if they want. That's their inherent right as the owner of the business and the landlord of the premises. Our ordinance doesn't affect that one way or the other, at this point in time. Council Member Scroggin: I wanted that on the record. Hopefully, the media reports that as well, so businesses that want to continue requiring masks feel they are backed up in that. Council Member Petty stated it feels like one word or the other, is a little bit like splitting hairs at this point, in terms of the number of cases we're seeing on the day to day and where the trend line is going, but also in how we maybe think people are going to feel about it. He stated it's not an amendment he will support. He stated it doesn't change how he feels about needing to eventually vote for whatever they have at the end of the night. He spoke about Dr. Sharkey saying that the biggest problem right now is education and combating the lack of consistency on social media. He spoke about the language on the signage. He stated it's the difference between saying to somebody you should wear a mask if you're not vaccinated or you should think about wearing a mask if you're not vaccinated. He stated those are different messages and words matter, so he will not support the amendment, but will support what we end up with at the end. Council Member Bunch: Whatever we decide on tonight, will we be getting something out to businesses on our website so they can print it out? Mayor Jordan: We are working on that. Susan Norton, Chief of Staff. Lisa Thurber and the Communications team have a sign ready to go, depending on which way you vote on the language. The sign will be posted on our website as an example for how people can download and use the sign or modify if they choose. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 1, 2021 Page 6 of 21 Council Member Bunch: Does that include that it's the businesses choice or the business decides to require you to wear a mask? Susan Norton: We will make sure that option for them is clear. Mayor Jordan: We have a few signs ready to go. We wanted to be sure we had the wishes of the Council before I printed a bunch of signs. Council Member Turk moved to amend Section 2 to change the word from required to "recommend". Council Member Kinion seconded the motion. Upon roll call the motion passed 7-1. Council Members Gutierrez, Jones, Kinion, Scroggin, Bunch, Turk, and Hertzberg voting yes. Council Member Petty voting no. Council Member Kinion: We are talking about businesses making the choice of who they serve and requiring a mask. I want to emphasize there are people, either due to mental illness or physical illness, that cannot wear a mask. The American Disabilities Act probably covers this because it does say you have to accommodate these individuals. We need to be sure that's included when we're talking about this. City Attorney Kit Williams: It has been included, since day one. The exception said, reasonable accommodations may be made for individuals with disabling conditions that prevent wearing a face mask. That's always been a part of the ordinance. Council Member Kinion: I agree with that and I like that, but I saw the tape of Mr. Roberts at the library. Just by happenstance I was in the library this afternoon. It was discussed with some employees there. Obviously, people do not understand, especially in a public place where they have to accommodate someone with a disability. We must get that education out there, as well as the language of the rest of the ordinance. Susan Norton: We will make sure that's part of the message as well. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gutierrez thanked the City Board of Health for their advice and their service. She stated as a scientist and trained microbiologist, she encouraged everyone that can, to get vaccinated. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 1, 2021 Page 7 of 21 Mayor Jordan: Thank you to the Council and City Board of Health. Thank you to Kit Williams for drawing this up. Things are beginning to change and I'm thankful for that. Thank you to everyone for their sacrifice over the last year. I appreciate your service to the city. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Council Member Gutierrez moved to approve an Emergency Clause. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. Emergency Clause Approved Ordinance 6441 as Recorded in the office of the City Clerk Consent: Approval of the May 18, 2021 City Council meeting minutes. APPROVED Tsa La Gi Trail: A resolution to approve a payment of $97,030.00 to the University of Arkansas for the construction of a 725 linear foot section of the Tsa La Gi Trail, to approve a project contingency in the amount of $5,000.00, and to approve a budget adjustment. Resolution 147-21 as recorded in the office of the City Clerk LFKDF, LLC: A resolution to approve a four year lease agreement with LFKDF, LLC for four parking spaces in the public parking lot adjacent to 112 West Center Street for use by the Federal Public Defender's Office in the amount of $50.00 per space per month. Resolution 148-21 as recorded in the office of the City Clerk Special Needs Assistance Program Grant Agreements: A resolution to approve the renewal of three Special Needs Assistance Program grant agreements with the U.S. Department of Housing and Urban Development in the total amount of $250,129.00 for the city to administer programs to assist homeless Fayetteville residents. Resolution 149-21 as recorded in the office of the City Clerk Friends of YRCC Summer Camp Programs Donation: A resolution to approve a budget adjustment in the amount of $16,000.00 representing a donation from friends of YRCC to fund summer camp programs offered at the Yvonne Richardson Community Center. 1 Resolution 150-21 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes June 1, 2021 Page 8 of 21 Whiting Systems, Inc. Change Order No. 2: A resolution to approve Change Order No. 2 to the Fleet Wash Facility Equipment contract with Whiting Systems, Inc. in the amount of $8,318.16. Resolution 151-21 as recorded in the office of the City Clerk Bid # 20-36 Crossland Heavy Contractors Change Order #5: A resolution to approve Change Order No. 5 with Crossland Heavy Contractors, Inc. in the amount of $694,110.00 for the construction of a restroom and pavilion structure for the Centennial Park project, to approve a project contingency in the amount of $40,000.00, and to approve a budget adjustment. Resolution 152-21 as recorded in the office of the City Clerk Bid #21-43 Mark McLarty Ford: A resolution to award Bid # 21-43 and approve the purchase of two Ford Ranger trucks from Mark McLarty Ford of Little Rock in the total amount of $48,402.00. Resolution 153-21 as recorded in the office of the City Clerk Bid #21-40 Lewis Automotive: A resolution to award Bid # 21-40 and approve the purchase of four Ford Trucks from Lewis Automotive Group of Fayetteville in the total amount of $281,376.00. Resolution 154-21 as recorded in the office of the City Clerk Riggs Cat Company: A resolution to authorize the purchase of a Caterpillar Excavator from Riggs Tractor Company for the amount of $60,764.31 plus any applicable tax and freight charges, pursuant to a Sourcewell Cooperative purchasing contract. Resolution 155-21 as recorded in the office of the City Clerk Lewis Ford: A resolution to approve the purchase of a Dodge Ram 1500 from Lewis Ford of Fayetteville in the amount of $22,403.00, pursuant to a state procurement contract, for use by the Police Department. Resolution 156-21 as recorded in the office of the City Clerk Bid 921-31 Pig Trail Harley Davidson: A resolution to award Bid # 21-31 and approve the purchase of four Harley-Davidson FLHTP Motorcycles from Pig Trail Harley-Davidson of Rogers in the total amount of $104,676.96 for use by the Police Department. Resolution 157-21 as recorded in the office of the City Clerk Bid # 21-45 Freedom Powersports: A resolution to award Bid #21-45 and authorize the purchase of two Kawasaki Mules from Freedom Powersports of Fayetteville in the total amount of $22,414.00 for use by the Parks Department. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 1, 2021 Page 9 of 21 Resolution 158-21 as recorded in the office of the City Clerk Straights Lawn and Garden: A resolution to authorize the purchase of a mower from Straights Lawn and Garden in the amount of $6,939.87, pursuant to a Sourcewell Cooperative purchasing contract, for use by the Transportation Department, and to approve a budget adjustment. Resolution 159-21 as recorded in the office of the City Clerk Brucker's Truck & Equipment: A resolution to approve the repair of Fire Apparatus Ladder 3 by Brucker's Truck & Equipment of Lowell for the estimated amount of $40,223.97, and to authorize payment for the repair of any additional damage identified by the repair shop. Resolution 160-21 as recorded in the office of the City Clerk Bid #21-23 Ferguson waterworks: A resolution to award Bid #21-23 and authorize the purchase of plastic drainage pipe from Ferguson Waterworks in variable amounts and for varying unit prices as needed through the end of 2021. Resolution 161-21 as recorded in the office of the City Clerk CivicPlus, LLC: A resolution to approve a one year Master Services Agreement and Statement of Work with CivicPlus, LLC for a service request management module in the amount of $19,987.50 for the first year, to approve automatic renewals for four additional one year terms with an annual price increase of five percent (5%), and to approve an annual project contingency in the amount of $2,000.00 each year the contract is in effect. Resolution 162-21 as recorded in the office of the City Clerk FTN Associates, LTD. Amendment No. 1: A resolution to approve Amendment No. 1 to the Professional Engineering Services Agreement with FTN Associates, LTD. in the amount of $107,706.00 for further assessment of the Lake Fayetteville Spillway Capacity and recommended improvements as required by the Arkansas Natural Resources Commission. Resolution 163-21 as recorded in the office of the City Clerk RFQ 21-01 Hawkins -Weir Engineers, Inc. Selection #4: A resolution to approve a professional engineering services agreement with Hawkins -Weir Engineers, Inc in an amount not to exceed $466,000.00 for utility relocations along Highway 112. Resolution 164-21 as recorded in the office of the City Clerk RFQ 21-01 McClelland Consulting Engineers, Inc. Selection #5: A resolution to approve a professional engineering services agreement with McClelland Consulting Engineers, Inc., pursuant to RFQ #21-01, Selection 5, in the amount not to exceed $273,388.00 for professional ] services associated with utility relocations along Highway 16. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes June 1, 2021 Page 10 of 21 Resolution 165-21 as recorded in the office of the City Clerk Bid #21-37 Crossland Heavy Contractors, Inc.: A resolution to award Bid #21-37 and authorize a contract with Crossland Heavy Contractors, Inc. in the amount of $996,617.00 for the construction of an 18-inch sewer line near Gregg Avenue and the Fulbright Expressway, to approve a project contingency in the amount of $99,661.70, and to approve a budget adjustment. Resolution 166-21 as recorded in the office of the City Clerk CH2M Hill Engineers, Inc.: A resolution to approve an addendum to the Out -of -Scope Agreement with CH2M Hill Engineers, Inc. in an amount not to exceed $69,380.00 to complete the Supervisory Control and Data Acquisition upgrade project for the city's Wastewater Treatment Facility Operations, Lift Station Operations and Water Distribution System Operations; and to authorize the purchase of additional networking equipment from ConvergeOne, Inc. in the amount of $43,303.42 plus applicable taxes and freight charges, pursuant to Resolution 110-17. Resolution 167-21 as recorded in the office of the City Clerk Arkansas Department of Transportation - Recreational Trails Program Grant: A resolution to express the willingness of the City of Fayetteville to apply for and utilize Federal -Aid Recreational Trails Program funds in the amount of $100,000.00 for improvements to Kessler Mountain Natural Surface Trails, and to approve a city match of $25,000.00 for the project. Resolution 168-21 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Amend Chapter 167 Tree Preservation and Protection, Chapter 177 Landscape Regulations and Chapter 151 Definitions: An ordinance to amend Chapter 167 Tree Preservation and Protection, Chapter 177 Landscape Regulations, and Chapter 151 Definitions of the Unified Development Code to offer clarification, efficiencies, and additional options to both tree preservation and landscaping codes. At the May 18, 2021 City Council meeting this item was left on the First Reading. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Melissa Evans, Urban Forester gave a brief description of the ordinance. She spoke about clarifications since the last City Council meeting. She stated there are differences between the Planning Commission and staff's recommendations. She stated the Planning Commission's 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov