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HomeMy WebLinkAbout2021-10-05 - Minutes -Council Member Sonia Gutierrez Ward I Position I Council Member D'Andre Jones Ward I 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 October 5, 2021 City Council Meeting Minutes October 5, 2021 Page I of 29 Council Member Sloan Scroggin Ward 3 Position Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position I Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on October 5, 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. PRESENT: Council Members Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, Holly Hertzberg, D'Andre Jones, Mark Kinion, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Chief of Police Mike Reynolds, Fire Chief Brad Hardin and staff members from the IT Department were present in City Council Chambers while demonstrating recommended social distancing. Council Member Petty arrived after Roll Call. Absent: Council Member Sonia Gutierrez Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None 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. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 5, 2021 Page 2 of 29 Council Member Bunch moved to approve the Nominating Committee Report as read. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Hertzberg, Jones and Kinion voting yes. Council Member Gutierrez was absent. Monthly Financial Report Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. He stated the city had a very good revenue month. He stated the General Fund was up 11 % compared to budget. He stated all in all, we're seeing some pretty strong revenue for the year. Agenda Additions: Amend Rules of Order and Procedure: A resolution to amend Rule A. 10. Special Procedures During Pandemic Emergency of The Rules of Order and Procedure of the Fayetteville City Council to authorize City Council Members to attend, speak and vote during City Council meetings by electronic means without being physically present. Council Member Scroggin moved to add the item to the agenda. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Hertzberg, Jones and Kinion voting yes. Council Member Gutierrez was absent. City Attorney Kit Williams read the resolution. City Attorney Kit Williams: This was brought forward by Council Member Jones. Council Member Jones: Kit, thank you for working on this and for reminding us we could make recommendations to make these changes. Council Member Scroggin: I hope we continue to allow citizens and residents to speak. I know that's not what we're voting on now, but we've heard voices in the last two years that we've never heard before. People call them outsiders and they're not outsiders, they just haven't had the ability to speak before. Council Member Petty moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Hertzberg, Jones and Kinion voting yes. Council Member Gutierrez was absent. Resolution 233-21 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 October 5, 202 Page 3 of 29 Amend the Sunset Clause of Ordinance 6465: An ordinance to amend the Sunset Clause of Ordinance 6465 to extend the mask mandate. Council Member Scroggin moved to add the item to the agenda. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Hertzberg, Jones and Kinion voting yes. Council Member Gutierrez was absent. City Attorney Kit Williams read the ordinance City Attorney Kit Williams: This was sponsored by Council Member Petty Council Member Petty stated the purpose of this ordinance is to meet the intention of the original ordinance, which was to make sure this stayed top of mind for the Council and that we reconsider it when appropriate. He stated we don't want to have a mask mandate forever, so that's why the original ordinance was written the way it was to require us to review it at this time. He stated it's written to acknowledge and rely on the expertise of the City Board of Health. He stated we're close, but we haven't quite passed the threshold that City Board of Health recommends we pass in order to lift the mandate more completely, but it seems we're really close. He stated this removes the link to the Governor's Emergency Order and continues to rely upon the advice of the Board of Health. Council Member Scroggin: If we pass this, does the Board of Health remove the mask mandate? City Attorney Kit Williams: No, they give you advice, though. That's the way this particular ordinance was originally done. You would rely upon their advice and they'll be watching the situation. They'll also be considering advice from the CDC about when a mask mandate needs to be lifted. The jurisdiction still remains with the City Council to accept their advice or to use your own discretion if the CDC itself request the lifting of a mask mandate. We are relying upon the City Board of Health and their expertise. Council Member Scroggin: I'm not happy about removing the Sunset Clause, without putting in something else, other than we remove it when we feel like removing it. Council Member Hertzberg: Could we add a date for review, like a termination date of some sort? Mayor Jordan: As the Council, you can add whatever amendment, you care to do. Council Member Hertzberg: I would like to add a termination date or review date. Council Member Turk: A friendly suggestion is that we review it every month, at the start of each month or the closest Council meeting to the first day of each month. Mayor Jordan: I'm on the Health Board. They review it every week about the numbers and what the percentages are. A termination date does not rattle me one way or the other. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 vimm.fayetteville-a r.g ov City Council Meeting Minutes October 5, 2021 Page 4 of 29 Council Member Hertzberg: I would like to suggest that we could extend it every month and vote on it again. Council Member Scroggin: I was thinking more like six months, so people have a date and don't think we're doing this forever. This way people know and then we can remove it early if need be. Mayor Jordan: When the Board of Health thinks it's okay to lift the mask mandate, I or somebody will bring something back to you all that says the Board of Health has decided that it's time to end the mask mandate. City Attorney Kit Williams: Every Council Member by themselves can bring an ordinance to the City Council. Anytime you want to bring an ordinance to the City Council at a regular meeting, you can do that. The ordinance can say, ending the mask mandate. You don't need to put in a review thing every time. You can if you want too, but you have that power right now. Mayor Jordan: If in two weeks the numbers are where the Board of Health feel comfortable, I will bring it to Council and say, it's time. Council Member Bunch: With that in mind, do you want to continue with a review monthly? Council Member Turk: It would be very helpful, if we don't get those numbers down, but at least we have a check in time. That way we can get an update. It would be nice from the Board of Health and decide at that point. If they come back earlier and say, let's terminate the mask mandate, then we can do that earlier. Council Member Hertzberg: I would be in support of that. Council Member Petty stated it's appropriate to get a report from the Board of Health with some frequency. He stated he is reluctant to put this particular action and law back on the agenda on a regular basis. He stated there has been so much politics be made out of public health issues for the last year and a half. He stated the whole point of the Board of Health writing the law to rely on their advice, is to take our politics out of it. He spoke about making it strictly about the science. He stated the Board of Health is reviewing this every single week. He stated there's going to be immediate legislation, as soon as they say we've crossed the threshold and we will be ready to modify it. He stated we need to rely on the Board of Health's advice and wait to have a discussion with a vote, until we get their advice back. Council Member Kinion stated he agrees with Council Member Petty. He stated we don't need to discuss this to death, we just need to be responsible as we move forward to review it and we do have the Board of Health, which effectively can give us information we need anytime. He stated we already have the authority to amend it at any time or to get rid of it. He stated it would allow us to consider the facts as they're presented to us along the way, without opening a can of worms every month or week. He stated the way the ordinance is crafted right now is that we have the opportunity to manage it without escalating the emotions behind it. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 5, 2021 Page 5 of 29 Council Member Turk: I have a request that at each Council meeting we have the Board of Health give us an update. Would that be available? Council Member Petty: I certainly support that. I would leave it to the Mayor and staff to work out the details of that report, whether that's better at the Agenda Session or full Council meeting. Mayor Jordan: The Agenda Session would be a more proper place to do that. Council Member Turk: That would be very helpful, and it shows our citizens we're staying on top of this. We would like to end the mask mandate and have our numbers down. Mayor Jordan: We can have the Board of Health officer come in every week at the Agenda Session to give you a report. Council Member Hertzberg: If we don't review this every month, I would like to suggest we hold this until the 12", since it doesn't expire until the 14tt'. I would like to call a Special Council meeting. Council Member Scroggin: I don't think we need a Special Council meeting. I'm good with it being at the Agenda Session for the Board of Health to come. I trust the Mayor's office to make that happen. Mayor Jordan: We'll make it happen. I will get you a report from the Health Board Officer every week if that is what you all want. Those meetings are open to the public. Council Member Bunch: I'm very comfortable with that and it's appropriate. Council Member Kinion: I've been contacted by people that think if we do it this way or similar to this, that we're not allowing public input. Anyone can contact any of us, at any time through our email or call us. There would be an opportunity to come in front of the City Council if you needed too and if your Council Member would be so kind to bring something forward, so it could be discussed. That is a way for representation from the people. I am available to talk to anyone about it. Council Member Bunch: In addition to our City Council entails, phones, a form they can fill out online and they can call the Mayor's office or Clerk's office. They will give us an email showing what someone said. What is that form called that people can do? Kara Paxton, City Clerk Treasurer: That can be located on the city's website. If you navigate to the main Fayetteville website and you go to, how do I, it's labeled as, give public comment for an upcoming agenda item. It's a limited comment form. It's only one way, which means when you provide your comment, it goes directly to the Mayor, Clerk's Office, City Attorney and the Council Members. Council Member Bunch: Thank you. So, there's all sorts of ways that people can contact us and have their voices heard. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 5, 2021 Page 6 of 29 Council Member Hertzberg: Last time we held the speed limit ordinance so we could get public comment on that. I feel like this is even more important than that. I really would appreciate if we would be able to hold this for public comment. City Attorney Kit Williams: The Council needs to be aware and I did put it in my memo that the current mask mandate ordinance will automatically terminate unless an ordinance is passed by the City Council within 14 days of the date that the Governor's proclamation expired. I think it was September 27th, which means if an ordinance is not passed by Monday, the mask mandate ordinance will expire. Council Member Hertzberg moved to table the item and schedule a Special City Council meeting on October 11, 2021. The motion died due to a lack of a second. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed 6-1. Council Members Petty, Scroggin, Bunch, Turk, Jones and Kinion voting yes. Council Member Hertzberg voting no. Council Member Gutierrez was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan: Council Member Hertzberg, I will be back Monday and the ordinance does not expire until Tuesday. Is that correct, Kit? City Attorney Kit Williams: The way I count it, that is correct Mayor. It always makes me nervous if we're trying to do something the very last day and someone might disagree with how I counted the dates. Council Member Kinion: I really am struggling that we walked this on. We're not having open public discussion on it, because no one knows about it. We should consider having a Special Council meeting to let people have time to give us input. Otherwise, we just walked it on, and no one saw it. I don't feel comfortable with that. I would support having a Special meeting on Monday. That would be a responsible way to allow individuals to voice their opinion. There was a brief discussion about when people would be available for a Special City Council meeting. Council Member Petty: How many votes does it take to table this and move it to the Special meeting? City Attorney Kit Williams: I think a motion to table an item is always appropriate and can be made. This is an appropriate procedure at this point. Council Member Petty: How many of us would it take to pass this ordinance? City Attorney Kit Williams: It takes five affirmative votes to pass an ordinance. It takes six affirmative votes to suspend the rules and go to the final reading. 113 West Mountain Fayetteville, AR 72701 (479) 675-8323 www.fayetteville-ar.gov - City Council Meeting Minutes October 5, 2021 Page 7 of 29 Council Member Petty: Are you recommending the passage of an Emergency Clause due to the timing with the Governor's order and its expiration? City Attorney Kit Williams: It does not need to have an Emergency Clause, because the way I wrote the Sunset Clause, it just said the ordinance had to be passed. It took a while for this ordinance to go into effect, because it had a penalty provision. It then has to be published. All this one has to do is be passed. Council Member Petty stated it's not my intention to call the intentions of the motion into question. He stated he believes in public input. He stated pushing this to a Special meeting, given potential absences, endangers the consensus of the vote, which is not democratic. He stated there comes a point when we've had enough public input. He stated when we talk about how to make good decisions, whether it's in business or organizing or in politics, if we have a philosophy that we have to get all of the input every last bit of it, it's often too late to make the best decision and to have the best outcome. He stated the careful part is trying to figure out when we've got enough input to make a good decision. He stated they have had enough input and can't imagine there is going to be a new argument that compels him to change his mind. He stated he won't support going to another meeting. Council Member Scroggin: If there was something so groundbreaking between now and then that we didn't know about mask before today, I would trust that the Mayor would have an emergency meeting anyway. We've been in this for two years. We know what mask do, we know what vaccines do, and we know what the virus does. There's nothing to learn other than obstruction. Council Member Jones stated we don't know what Friday will could hold and we run the risk of not being able to pass the ordinance. He stated it's not good to wait and they need to decide tonight. He stated the public have plenty of opportunity to express their concerns, and it.makes sense to move forward. Council Member Hertzberg: I want to mention that this was not the first Special meeting on a Friday regarding this topic. Council Member Kinion: I was going to mention that, too. I was elected to represent an opinion, but I always have to have an open mind until I've heard what people have to say in the community. I've always made that commitment to the community and to the neighborhoods. Even though I have a lot of information and I have an opinion, I would rather have input from our community. There might be some compelling argument out there that we don't know. We haven't given our community the opportunity to present a compelling argument. It's necessary to have a Special meeting. Council Member Jones: I'm very engaged with my constituents, regardless the matter, but if we're going to have a conversation on Friday and we're going to include someone, then we need to include the Board of Health. Do we have time to include all of these groups and what happens on Friday if we have a meeting, and then don't have a quorum? I don't want to miss the opportunity to protect the health and safety of Fayetteville. We have a duty to make the decision tonight. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 5, 2021 Page 8 of 29 Council Member Turk stated we're good about listening to all of our folks and making sure their voices are heard. She stated she is uncomfortable not hearing from the public about extending the mask mandate, but we've got logistical concerns. She stated if there's ever a time to not hear from the public, although we've heard from them in previous meetings, she'd rather be cautious than a little reckless. She stated she is going to go against the way she usually conducts herself and support the mask mandate tonight. Council Member Kinion moved to table the item and schedule a Special City Council meeting on October 8, 2021. Council Member Hertzberg seconded the motion. Upon roll call the motion failed 2-5. Council Members Hertzberg and Kinion voting yes. Council Members Petty, Scroggin, Bunch, Turk, and Jones voting no. Council Member Gutierrez was absent. Council Member Scroggin: If we do not suspend the rules and vote for this tonight, the mask mandate dies, unless we have a meeting between now and Tuesday? City Attorney Kit Williams: That is correct. We can't wait for a regular meeting and there would have to be a Special meeting. I would rather have it before Monday to make sure it would be within time. Council Member Scroggin moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed 6-2. Council Members Petty, Scroggin, Bunch, Turk, and Jones voting yes. Mayor Jordan voting yes. Council Members Hertzberg and Kinion voting no. Council Member Gutierrez was absent. City Attorney Kit Williams read the ordinance. Council Member Kinion: I am going to support this because it's necessary from a public health point of view, but I am doing it with resistance. We should have had more conversation with the community, but we don't have that opportunity. I don't want people to think I'm somehow waffling on a concept, because it's important to move forward while we have the opportunity, without the expiration of the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-1. Council Members Petty, Scroggin, Bunch, Turk, Jones and Kinion voting yes. Council Member Hertzberg voting no. Council Member Gutierrez was absent. Ordinance 6486 as Recorded in the office of the City Clerk Consent: Approval of the September 14, 2021 Special City Council Meeting Minutes and September 21, 2021 City Council Meeting Minutes. APPROVED 113 Wes( Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar,gov City Council Meeting Minutes October 5, 2021 Page 9 of 29 RFQ #20-01 Olsson Inc. Amendment: A resolution to approve Amendment No. I to the Professional Engineering Services contract with Olsson, Inc. in the amount of $5,519.00 for additional materials testing related to the construction of the new Police Headquarters. Resolution 234-21 as recorded in the office of the City Clerk Flintco, LLC Change Order No. 5: A resolution to approve Change Order No. 5 to the Construction Manager at Risk Contract with Flintco, LLC for the Police Headquarters project in the amount of $3,320,439.00, and to approve a budget adjustment - 2019 Police Headquarters Bond Project. Resolution 235-21 as recorded in the office of the City Clerk Nabholz Construction Corporation Change Order No. 7: A resolution to approve Change Order No. 7 to the contract with Nabholz Construction Corporation in the amount of $109,156.32 for water and sewer relocations along Gregg Avenue and in the Fay Jones Woods, and to approve a budget adjustment - 2019 Cultural Arts Corridor Bond Project. Resolution 236-21 as recorded in the office of the City Clerk RFQ #21-01 Selection #8, McClelland Consulting Engineers, Inc.: A resolution to approve a Professional Engineering Services agreement with McClelland Consulting Engineers, Inc., pursuant to RFQ #21-01 Selection 8, in an amount not to exceed $85,160.00 for the design of a waterline upgrade along South School Avenue. Resolution 237-21 as recorded in the office of the City Clerk RFQ #21-01 Selection #7, Olsson, Inc.: A resolution to approve a Professional Engineering Services agreement with Olsson, Inc., pursuant to RFQ #21-01 Selection #7, in an amount not to exceed $31,420.00 for the design of water service line replacements in Skyler Place Subdivision. Resolution 238-21 as recorded in the office of the City Clerk Bid #21-63 Jack Tyler Engineering, Inc.: A resolution to award Bid #21-63 and authorize the purchase of six (6) submersible mixers from Jack Tyler Engineering, Inc. in the total amount of $220,384.02, plus applicable taxes and freight charges, for use at the Noland Water Resource Recovery Facility. Resolution 239-21 as recorded in the office of the City Clerk Bid #21-69 Williams Tractor: A resolution to award Bid 421-69 and authorize the purchase of an auto -loading hay trailer from Williams Tractor in the amount of $66,980.00 plus applicable taxes Resolution 240-21 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 October 5, 2021 Page 10 of 29 2022 Selective Traffic Enforcement Program Grant: A resolution to authorize acceptance of a 2022 Selective Traffic Enforcement Program grant in the amount of $131,000.00, and to approve a budget adjustment. Resolution 241-21 as recorded in the office of the City Clerk Big Bear Shredding: A resolution to authorize the destruction of certain records shown on the attached affidavits pursuant to relevant sections of the Arkansas Code related to maintenance and destruction of accounting and other city records. Resolution 242-21 as recorded in the office of the City Clerk Data Communications Products: A resolution to authorize the purchase of data communications products and services through authorized resellers, pursuant to State of Arkansas and National Association of Procurement Officials cooperative purchasing agreements, on an as needed basis through May 31, 2024 and any future renewal periods. Resolution 243-21 as recorded in the office of the City Clerk TheatreSquared, Inc. Lease Agreement Amendment: A resolution to approve an amendment to the lease agreement with TheatreSquared, Inc. to remove 91 square feet of property from the legal description, and to allow the residential facilities to be used as short term rentals when not needed for performances. Resolution 244-21 as recorded in the office of the City Clerk Stream Restoration Project at Wilson Park: A resolution to approve a budget adjustment in the amount of $25,000.00 recognizing park land dedication fees from the Southwest Park Quadrant to be used for the purchase of rock sculptures and surveying services associated with a stream restoration project at Wilson Park. Resolution 245-21 as recorded in the office of the City Clerk Crossland Heavy Contractors, Inc. Change Order No. 2: A resolution to approve Change Order No. 2 with Crossland Heavy Contractors, Inc. in the amount of $1,236,430.00 to repair slope failures and strengthen other slope areas at Kessler Mountain Regional Park, and to approve a budget adjustment. Resolution 246-21 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 7-0. Council Members Petty, Scroggin, Bunch, Turk, Hertzberg, Jones and Kinion voting yes. Council Member Gutierrez was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-acgov