File photo
On the agenda…
- Limit the gathering of people in public and private places.
- Appropriating emergency funds.
- Expected tabling of the 2020 Employee Compensation proposal
- Expected tabling of a city employee compensation package.
A special meeting of the Fayetteville City Council began at 4:30 p.m. Monday, March 16, 2020 inside room 219 of City Hall, located at 113 W. Mountain St. in Fayetteville.
Listed below are the items up for approval and links to PDF documents with detailed information on each item of business.
Roll Call
Present: Sonia Gutierrez, Sarah Marsh, Mark Kinion, Matthew Petty*, Mayor Lioneld Jordan, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith
Absent: None
» View current attendance records
Mayor’s Announcements, Proclamations and Recognitions
1. Award of Financial Reporting Achievement – Mayor Lioneld Jordan
City Council Meeting Presentations, Reports and Discussion Items
1. Nominating Committee Report
– Pass 6-0
Smith and Marsh recused because of personal affiliations with some of the nominees. The nominations are available here and here.
Agenda Additions
1. Emergency Funds (PDF)
A resolution appropriating emergency funds if additional funding is needed for city expenditures necessary to address the COVID-19 pandemic in Fayetteville.
– Pass 8-0
This is for anything under $20,000. Items that cost more would still have to come to the council individually, per state law.
Discussion:
There was no public comment.
Decision:
The council voted unanimously to approve the resolution.
2. Regulate Gathering of People in Public or Private Places (PDF)
An ordinance temporarily empowering the mayor to regulate the gathering of 50 or more people in public or private places that serve the public and to locally enforce recommendations from health authorities including the Center for Disease Control (CDC) and Arkansas Department of Health, along with other actions deemed necessary to protect public health and safety during the COVID-19 pandemic.
– Pass 8-0
This would give the mayor the power to regulate or prohibit the gathering of 50 or more people in public or private places, including restaurants and bars. It would also give Jordan the right to implement other recommendations made by the U.S. Centers for Disease Control (CDC). It includes an emergency clause to make the law effective immediately. It would automatically expire on April 29 unless the council met again and approved an extension.
Discussion:
When asked by Council Member Smith, City Attorney Kit Williams said he does not believe the measure could apply to religious gatherings.
Council Member Petty said it’s a painful decision, but it must be made tonight.
“This problem is likely going to get worse every day,” Petty said. “We owe it to ourselves to recognize the truth of that and we owe it to our citizens to speak truthfully about it.”
Molly Rawn, CEO of Experience Fayetteville, said while the entire purpose of her role is to convince people to visit restaurants and hotels in Fayetteville, in the past few days it has become impossible for her to do so in a responsible way. She supports the ordinance.
Rawn said she’s spoken to restaurant owners who have numerous questions. For example, some people have brought up the fact that 50 people in a small restaurant could potentially be more dangerous than 50 people in a larger space. She said she’s been asked if it would be smarter set a limit on the percentage of a space’s overall capacity.
Ben Mills, owner of Fossil Cove Brewing, said he spoke to his insurance company today and closures due to pandemics are not covered in his policy. He said he stands to be affected heavily by this proposal since the majority of his business comes from walk-in customers, and over 50% of his distribution is to other businesses that would be affected by this measure.
Marsh suggested changing the language to limit the amount of people in a gathering place to 50% of the space’s overall occupancy. Or better yet, she said, just remove the “50 or more” wording to allow the mayor to implement whatever limits are recommended by the CDC.
Marsh’s amendment was approved 8-0. There will be no specific limitations set by the ordinance. If passed, it will be entirely up to the mayor as long as what he enacts is officially recommended by the CDC.
City staff said if any regulations are enacted, that news will be distributed to the public and the media through all the normal channels – website, emails, social media, etc.
Mayor Jordan said this is not something he wants to do, but he feels like it may be the only choice.
“A decision like this creates weight because you know that whatever choice you make you’re going to impact someone, and I don’t want to hurt anyone. But the time has come to take action, and take action quickly. This virus is growing every day. We are in a serious health crisis and we must be proactive instead of reactive. I promise to make the best decision I can to try and protect everyone.”
He said he will take full responsibility for whatever comes of tonight’s actions.
“This is a serious situation but we are strong people and we will get through this together,” said Jordan.
Decision:
During the final vote, the ordinance was approved unanimously.
3. Support for the release of non-violent detainees (PDF)
A resolution to express the Mayor and 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.
– Pass 8-0
This was brought forth by Council Member Kyle Smith. He said he knows the city has no jurisdiction over the county, but the city could make a strong statement by passing this resolution.
The idea was presented to Smith by Stan Adelman, the ombudsman for the Washington County Detention Center, who is urgently seeking support to release non-violent, pre-trial detainees to thin out the population of people confined in tight quarters at the jail before it becomes a COVID-19 “hot spot.”
He said these are mostly detainees who simply can’t afford to pay the bond money that was set for them, so they’re just sitting in jail waiting for a trial.
Discussion:
There was no public comment.
Decision:
The council voted unanimously to approve the resolution.
Consent
Consent items are approved in a single, all-inclusive vote unless an item is pulled by a council member at the beginning of the meeting.
1. Approval of the March 3, 2020 City Council meeting minutes.
– Pass 8-0
2. McClelland Consulting Engineers, Inc. (Details): 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.
– Pass 8-0
3. Williams Tractor, Inc. (Details): 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.
– Pass 8-0
4. Bergkamp, Inc. (Details): 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.
– Pass 8-0
5. Sasco & Southern Star Materials (Details): 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.
– Pass 8-0
6. Chevrolet of Fayetteville (Details): A resolution to approve the purchase of three Chevy Traverse vehicles from Chevrolet of Fayetteville in the total amount of $74,991.00, pursuant to a state procurement contract.
– Pass 8-0
7. Lewis Ford (Details): 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.
– Pass 8-0
8. Multi-use Trails Easement (Details): 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.
– Pass 8-0
9. Bid #20-34 Visionaire Lighting, LLC (Details): 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 Dec. 31, 2020.
– Pass 8-0
10. South Delta Aviation, Inc. (Details): A resolution to approve a three-year lease agreement with South Delta Aviation, Inc. for the airport hangar at 4248 S. School Ave. for rent in the amount of $3,084.00 per month.
– Pass 8-0
11. South Delta Aviation, Inc. (Details): A resolution to approve a three-year lease agreement with South Delta Aviation, Inc. for the airport hangar at 4230 S. School Ave. for rent in the amount of $1,387.80 per month.
– Pass 8-0
12. Arkansas Community Foundation Grant (Details): 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.
– Pass 8-0
13. Wastequip, Inc. (Details): 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.
– Pass 8-0
14. Friends of YRCC Donation (Details): 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.
– Pass 8-0
15. Arkansas Occupational Health Clinic (Details): 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.
– Pass 8-0
16. CASCO Industries (Details): A resolution to authorize the purchase of protective bunker gear for the Fire Department on an as-needed basis from CASCO Industries through Dec. 31, 2021, pursuant to a regional cooperative bid process through the City of Springdale.
– Pass 8-0
Unfinished Business
1. C-PZD 19-6952 (5102 W. Wedington Dr./LDBG Wedington) (Details)
An ordinance to approve a Commercial Planned Zoning District entitled C-PZD 19-6952 for approximately 8.60 acres located at 5102 W. Wedington Drive to allow the development of mini-storage units and accessory office and retail space.
– Tabled until April 7
This item was left on the second reading at the March 3 meeting.
The property includes about 8.6 acres on the south side of Wedington Drive between Broyles and 54th avenues. It is largely undeveloped except for a single-family house near Wedington. The southern portion of the property includes floodplain and floodway associated with Owl Creek.
The applicant proposes a mini-storage facility with an associated office building.
The Planning Commission recommended approval with the following conditions:
- The area south of the proposed mini-storage structures that is alternately described as right-of-way and access easement shall be dedicated as right-of-way at the time of development; and
- An access easement shall be dedicated between the proposed parking lot serving the office/retail building and the property to the east.
However, city staff recommend denial of the request. They said the city’s 2040 plan calls for strictly residential uses in this area. Another issue is that staff believes the development would create a barrier that would prevent connectivity. And while the applicant did offer to dedicate right-of-way for a future connection, the offer was for land 800 feet south of Wedington, which staff said is too far away.
Location:
Feb. 18 Discussion:
The applicant said that they have designed the self storage units to be “virtually invisible,” with a building at the front of the property, and landscaping surrounding the property. He also said there is a need for self storage in the area.
There was no public comment.
The council agreed to leave the item on the first reading. The discussion will continue on March 3.
March 3 Discussion:
City staff said the applicant has requested this item be held for another two weeks. The council agreed, and left the ordinance on the second reading.
March 16 Discussion:
There was no discussion. This item was tabled until April 7.
2. Enact §114.20 Regulation of Single-use Disposable Bags (Details)
An ordinance to enact §114.20 Regulation of Single-use Disposable Bags Provided by Large Food Stores.
– Tabled until April 7
This item was left on the first reading at the March 3 meeting.
This ordinance is an effort to reduce the amount of shopping bags that end up in the landfill. The council in June approved a resolution of intent to consider regulating single-use bags and other difficult-to-recycle-or-compost materials.
A city survey included responses from 2,167 residents and 154 businesses. Staff said 60% of respondents supported a 10-cent fee on single-use bags, and 58% would bring reusable bags or use fewer disposable bags at checkout if a bag fee were enacted.
If approved, the fee would begin on Jan. 1, 2021.
The proposal is based around 7 major provisions and applicability criteria:
- A 10-cent fee assessed for paper and plastic check out bags (does not include produce or meat bags distributed in the store prior to check out),
- The entire fee is kept by the retailer with a portion of the fee allowed for the retailer to offset cost associated with bags, implementation of the bag fee and reporting of the fee and bag sales,
- The balance of the fee must be invested by the store into a community environmental benefit (re-usable bags, litter clean up, recycling education, etc.),
- The single-use disposable bag fee applies to all stores that sell food and are larger than 10,000 SF (this would apply to all grocery stores, CVS, Walgreens, Target and Walmart but would not apply to small ethnic grocery stores, specialty grocery stores, hardware stores department stores or restaurants),
- Customers purchasing food with SNAP, Food Stamps and WIC are exempt from paying the check-out bag fee,
- Retailers must provide quarterly bag sales numbers to the city, and
- Signage is required at stores.
Discussion:
City Attorney Kit Williams said there was a typo that needs to be corrected, and requested the council amend the ordinance to include the corrections (see the corrected language here). The council voted 7-0 to amend the ordinance with the requested corrections.
Two people spoke during public comment. One said he doesn’t recall seeing any plastic bag litter around town, but said if the fee is approved, it should apply to every business that uses single-use bags. The other person said he recently read an article which referred to a study that shows plastic bags have a smaller carbon footprint than paper bags and are easier on the environment than paper bags.
Council Member Turk said she rides along the bike trails and frequently sees areas that are littered with foam and plastic bags. She said measures like this have proven to reduce the use of single-use bags in other cities. She said starting with just charging a fee at the larger stores was a planned effort to not do too much too soon. Turk said she hopes the council will agree to leave the ordinance on the first reading to allow more time for public consideration.
Bunch said this is a reasonable and fair proposal that could be a good stepping stone for a future expanded measure.
Marsh said plastic bag litter is a problem around the creeks and neighborhoods in south Fayetteville where she lives. She said she moved here from Seattle which has an all-out ban on plastic bags, and said this measure is just common sense and should’ve probably been enacted years ago.
The council agreed to leave the item on the first reading. The discussion will continue on March 17.
March 16 Discussion:
There was no discussion. This item was tabled until April 7.
New Business
1. Shipley Motor Equipment Co. (Details)
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.
– Pass 8-0
Staff said one of the city’s front load trash trucks was out on a normal route when the operator looked in a side mirror and noticed smoke. He then pulled into a large parking lot and pressed the emergency button in the vehicle, notifying the Fire Department, who arrived and put out a fire that was located between the cab and body of the truck. This ordinance would provide funds needed to repair the vehicle.
March 16 Discussion:
There was no public comment.
Decision:
The ordinance was advanced to the third reading, and unanimously approved.
2. Bid #20-29 Cornerstone Construction of Russellville, Inc. (Details)
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.
– Pass 8-0
The city received six bids for this work, and Cornerstone supplied the lowest bid.
March 16 Discussion:
There was no public comment.
Decision:
The council voted 8-0 to approve the resolution.
3. Hach Company (Details)
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.
– Tabled until April 7
The analyzers track intermittent spikes in ammonia and phosphorus so that operators can react if levels are approaching permitted limits or indicate other developing issues in the treatment process. Sludge level detectors capture the depth of concentrated layers of settleable solids following the biological treatment processes.
– Tabled until April 7
March 16 Discussion:
There was no discussion. This item was immediately tabled 8-0.
4. Sain Street Extension Project (Details)
An ordinance to vacate a portion of right-of-way from Front Street to Joyce Boulevard for the Sain Street extension project.
– Tabled until April 7
The alignment of the planned extension does not follow the old right-of-way corridor, but instead moves slightly to the south and east. Staff said the landowner of either side of the existing right-of-way for the Sain Street Cul-de-sac is A.W. Realty Company. The city is currently in the land acquisition phase to acquire the needed right-of-way and easements to construct the new roadway and bridge to make the connection to Joyce Boulevard from Front Street. A third-party real estate appraisal determined the fair market value to be $445,800.00 for the land. Subsequently, the city discovered that a large portion of “abandoned” right-of-way for Sain Street was never technically abandoned. A.W. Realty has requested the 24,706-square-foot piece of land be reverted back to them. Staff said this vacation would equal a total savings of $182,690.00.
March 16 Discussion:
There was no discussion. This item was immediately tabled 8-0.
5. ADM 20-6998 Amend Ordinance No. 2883 Sain Street (Details)
An ordinance to amend Ordinance No. 2883 by removing the requirement to construct a cul-de-sac at the end of Sain Street.
– Tabled until April 7
Because the alignment of the planned extension does not follow the old right-of-way corridor (as mentioned above), the technical issue of the old right-of-way corridor not being legally abandoned needs to be corrected to facilitate new right-of-way acquisition and construction of the new project.
March 16 Discussion:
There was no discussion. This item was immediately tabled 8-0.
6. Enact Article X Pedal Carriages (Details)
An ordinance to enact Article X Pedal Carriages into Chapter 117: Vehicle-related Businesses.
– Tabled until April 7
City staff have proposed an ordinance to allow pedal carriage businesses to operate within a specific area in town.
The proposal states that pedal carriages would have to be operated by a driver at least 21 years of age who is an employee of a company that has obtained a Certificate of Public Convenience and Necessity and a Pedal Carriage Drivers Permit from the police department. The ordinance also requires the permit holder to carry at least $1 million in general liability insurance for bodily injury and property damage. The rules also include numerous safety parameters, including required enhanced braking systems.
Pedal carriages would not be allowed on sidewalks, trails or any closed streets.
Location:
The proposed area of operation is illustrated in the map below, and also includes two routes to allow pedal carriage operators to access other areas of interest outside the downtown zone.
Consumption of alcohol would only be allowed on the pedal carriages if the city eventually establishes its entertainment district. The topic was first discussed in 2019, but was tabled by the City Council in September to give staff more time to further fine tune the proposal.
March 16 Discussion:
There was no discussion. This item was immediately tabled 8-0.
7. 2019 Drainage Improvements Bond Project (Details)
A resolution to approve the purchase of property located at 923 W. 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 internal charges in the amount of $1,500.00, and to approve a budget adjustment.
– Pass 8-0
The photo below shows the home that has been flooded multiple times on the south side of Cato Springs Road
March 16 Discussion:
There was no public comment. The council unanimously passed the resolution.
8. 2020 Merit Staff Pay and Benefits Study (Details)
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.
– Tabled until April 7
There was no discussion. The council tabled the resolution until April 7.
9. 2020 Employee Compensation (Details)
A resolution to approve a budget adjustment in the amount of $1,322,000.00 to facilitate the city-wide 2020 employee compensation adjustment.
– Tabled until April 7
There was no discussion. The council tabled the resolution until April 7.
Adjourned
This meeting was adjourned at 6:26 p.m.
