Fayetteville City Council recap: June 1, 2021 | #specialneeds | #kids


Fayetteville Government Channel

On the agenda…

  • Revising the city’s mask mandate.
  • Designating Juneteenth as a paid city holiday.
  • Amending the city’s stormwater regulations.
  • Amending the city’s tree preservation requirements.
  • Calling a special election to renew the city’s 1-cent sales tax.

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, June 1, 2021. It is lived streamed on the city’s YouTube channel, and held at City Hall in Room 219, or virtually on the Zoom app.

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, D’Andre Jones, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Sloan Scroggin, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: None

» View current attendance records


City Council Meeting Presentations, Reports and Discussion Items

1. Monthly Financial Report

Presented by Paul Becker, the city’s chief financial officer.


Agenda Additions

1. Amend Ordinance 6323 (Details)

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.
Pass 8-0

Background:
The council is required to revisit the city’s mask mandate because the current law includes a sunset clause that calls for a decision to be made after the state’s emergency declaration ends (it expired yesterday).

The proposal is to remove the mask mandate for people who are fully vaccinated.

City Attorney Kit Williams drafted the proposal. He said the goal is to bring Fayetteville’s rules more into alignment with new recommendations from the CDC and the city’s Board of Health.

In anticipation of the sunset, the city’s Board of Health recently outlined the following set of recommendations for the council to consider:

  1. We strongly recommend that all citizens be vaccinated as soon as is feasible.
  2. Those persons that are fully vaccinated should no longer be required to wear masks within the City of Fayetteville, with the following exceptions: on mass transit, in healthcare settings, in prisons and jails, and in homeless shelters.
  3. Fully vaccinated people are those that are at least 14 days post receiving their second dose of either the Pfizer or the Moderna vaccines or 14 days post receiving the single dose Johnson and Johnson vaccine.
  4. Unvaccinated and partially vaccinated persons need to wear their masks until they are fully vaccinated. This is to protect themselves and other unvaccinated and partially vaccinated persons from becoming ill with Covid-19.
  5. We understand that knowing who is and is not vaccinated is not feasible.
  6. We encourage mask wearing for those that still feel more comfortable doing so for whatever reason, especially those with underlying health conditions or on medications that might limit the efficacy of the vaccines.
  7. We support local businesses that still require masks for all patrons.
  8. We encourage our citizens to be respectful of each individual’s decision to either wear a mask or not.
  9. If the active cases in Washington County are over 120 active cases/14 day rolling average, we recommend all citizens wear a mask in public indoor venues.

Anything the council decides can only be in effect for about two months because the state legislature recently adopted a law which prohibits city’s from having their own mask mandates. That law goes into effect July 28.

Read more about the proposal in our May 26 story.

Discussion:
One person who spoke said he would like the city to update the signs it passes out to businesses to say that disabled people are exempt from the mask mandate.

Council Member Turk said she would rather the proposal recommend (instead of require) masks for unvaccinated people. She said she agrees with Council Member Holly Hertzberg, who last week suggested the same thing since the city cannot know who is vaccinated and therefore cannot enforce the rule. Kinion agreed, and seconded Turk’s motion to amend the revised law to use the word “recommend” instead of “require.”

Hertzberg thanked Turk and Kinion for considering her suggestion.

“This will show that we definitely do agree with the CDC’s recommendations, but that we aren’t requiring (masks) because it’s unenforceable,” said Hertzberg.

City Attorney Kit Williams said businesses that want to continue requiring masks are free to do so.

Council Member Petty said while he’ll support the ordinance in the final vote, he doesn’t support the amendment. He said it wasn’t until the governor pivoted from recommending masks to requiring them that many people started actually wearing face coverings in the state.

The amendment passed 7-1 with Petty voting against.

Decision:
The council advanced the ordinance to the third reading, and voted unanimously to approve it.


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 May 18, 2021 City Council Meeting minutes
Pass 8-0

2. Tsa La Gi Trail (Details): 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.
Pass 8-0

3. LFKDF, LLC (Details): A resolution to approve a four-year lease agreement with LFKDF, LLC for four parking spaces in the public parking lot adjacent to 112 W. Center Street for use by the Federal Public Defender’s Office in the amount of $50.00 per space per month.
Pass 8-0

4. Special Needs Assistance Program Grant Agreements (Details): 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.
Pass 8-0

5. Friends of YRCC Summer Camp Programs Donation (Details): 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.
Pass 8-0

6. Whiting Systems, Inc. Change Order No. 2 (Details): 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.
Pass 8-0

7. Bid # 20-36 Crossland Heavy Contractors Change Order #5 (Details): 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.
Pass 8-0

8. Bid #21-43 Mark McLarty Ford (Details): 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.
Pass 8-0

9. Bid #21-40 Lewis Automotive (Details): 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.
Pass 8-0

10. Riggs Cat Company (Details): 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.
Pass 8-0

11. Lewis Ford (Details): 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.
Pass 8-0

12. Bid #21-31 Pig Trail Harley Davidson (Details): 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.
Pass 8-0

13. Bid # 21-45 Freedom Powersports (Details): 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.
Pass 8-0

14. Straights Lawn and Garden (Details): A resolution to authorize the purchase of a mower from Straights Lawn and Garden in the amount of $6,028.62, pursuant to a Sourcewell cooperative purchasing contract, for use by the Transportation Department, and to approve a budget adjustment.
Pass 8-0

15. Brucker’s Truck & Equipment (Details): 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.
Pass 8-0

16. Bid #21-23 Ferguson Waterworks (Details): 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.
Pass 8-0

17. Civicplus, LLC (Details): 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.
Pass 8-0

18. FTN Associates, Ltd. Amendment No. 1 (Details): 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.
Pass 8-0

19. RFQ 21-01 Hawkins-Weir Engineers, Inc. Selection #4 (Details): 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.
Pass 8-0

20. RFQ 21-01 McClelland Consulting Engineers, Inc. Selection #5 (Details): 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.
Pass 8-0

21. Bid #21-37 Crossland Heavy Contractors, Inc. (Details): 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.
Pass 8-0

22. CH2M Hill Engineers, Inc. (Details): 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.
Pass 8-0

23. Arkansas Department of Transportation – Recreational Trails Program Grant (Details): 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.
Pass 8-0


Unfinished Business

→ CURRENT ITEM

1. Amend Chapter 167 Tree Preservation and Protection, Chapter 177 Landscape Regulations and Chapter 151 Definitions (Details)

An ordinance to amend 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.

Background:
This item was left on the first reading at the May 18 meeting.

City staff have suggested changes to clarify standards, reduce redundancies, and streamline processes associated with the city’s tree preservation and landscape codes.

Here’s a summary of the changes:

May 18 Discussion:
Petty said while these changes should be passed because they clean up the current language and streamline the process, the city’s tree preservation rules don’t go far enough toward protecting the tree canopy. He said he hopes more proposed changes would soon follow this proposal.

Two people spoke during public comment and said there indeed are more things the city could do, but these changes are needed now.

The council agreed to leave the item on the first reading. The discussion will continue on June 1.

June 1 Discussion:


New Business

1. Juneteenth Official Holiday (Details)

A resolution for the City of Fayetteville to recognize and observe Juneteenth as an official holiday.

Background:
This proposal would make Juneteenth an official city holiday in Fayetteville. If approved, June 19 would be a paid day off for city workers starting in 2022. The proposal was brought forward by Council Member D’Andre Jones.

Jones said he included a one-year delay before the holiday becomes a paid day off in case there are any budgetary issues that arise from city employees being off work on June 19. By waiting until 2022, he said, the council can go through its regular budget-setting meeting to ensure the city is prepared for an additional paid holiday.

Discussion:


2. Jack Tyler Engineering, Inc. (Details)

An ordinance to waive competitive bidding and accept a quote in the amount of $117,034.00 plus applicable taxes and freight charges from Jack Tyler Engineering, Inc. for the purchase of two replacement pumps for the Noland Water Resource Recovery Facility, and to approve a project contingency in the amount of $17,555.10.

Background:
Staff said one of the two denitrification pumps at the Noland Water Resource Recovery Facility failed and was sent out for a hidden damages evaluation. A second pump later failed. The total cost for two pumps would be $117,034.00 plus taxes and freight charges.

Discussion:


3. 1333 S. Dinsmore Trail Streamside Protection Zone Appeal (Details)

A resolution to grant the appeal of Kara L. Stratton regarding a notice of violation and stop work order issued by the City Engineering Division for clearing and removal of woody vegetation within the streamside protection zone on property located at 1333 S. Dinsmore Trail.

Background:
Staff said clearing had occurred on the property in close proximity to a stream (approximately 20-30 feet). A violation notice was then issued. The property owner later indicated that he plans to build a home on the parcel. Staff said they reminded the applicant that a variance from the streamside protection rules would be required before a house could be built. They said he had previously been told this before clearing the land. Staff said they told him that if he submitted a site plan for a building permit the violation could potentially be dealt with through the variance process. Staff said they advised the applicant to go ahead and submit the site plan for review and further direction. The applicant instead submitted an appeal for the violation. If the appeal is denied, staff said they will continue to work with the property owner to ensure the appropriate plans and potential variances are submitted for review and approval. If the owner fails to submit plans for the property in a timely fashion, staff will pursue further enforcement measures outlined in the original violation notice.

Discussion:


4. Amend Stormwater Regulations (Details)

An ordinance to amend various chapters of the Unified Development Code to update stormwater regulations for developments in Fayetteville.

Background:
City law currently requires certain stormwater improvements for developments based on the type of use and number of units being proposed. Residential single-family and duplex developments are exempt from stormwater requirements if the proposed development does not exceed the maximum number of units.

Staff said during the last few years, more and more developments being constructed are exempt from any stormwater requirements which is having a large impact on the properties neighboring these developments as well as the overall drainage system. Staff said that development pattern may be somewhat driven by the fact that they are exempt from stormwater and tree preservation requirements and more intensive development requires a much more involved approval process.

Staff said they’ve worked with CH2M Hill to develop a framework to address the issue that responds to a project’s impact on stormwater and not solely on land usage. The framework develops a progressive means by which the impact of the development is mitigated depending on the amount of proposed impervious area. In other words, the requirements would increase as the amount of impervious area increases.

The changes would impact developments that propose less than 10,000 square feet and are located on a parcel less than one acre and area based on the chart included below:

With the proposed revisions, individuals desiring to fill in floodplains on their property would need to demonstrate that the proposed fill does not negatively impact properties upstream or downstream by increasing floodplain elevations or velocities. They would also be required to create additional floodplain storage elsewhere on their property to offset any proposed filling of floodplains so that there would not be a net decrease in floodplain storage due to their development.

Both city planners and the Planning Commission recommend approval of the revisions.

Discussion:


5. One Percent (1%) Sales and Use Tax Extending the Expiration Date (Details)

An ordinance extending the expiration date for the current one percent (1%) sales and use tax enacted by Ordinance 5428 on Aug. 2, 2011, and approved by about 75% of the Fayetteville voters on Oct. 11, 2011 from June 30, 2023 to June 30, 2033.

Background:
This proposal would call a special election to renew the city’s 1-cent sales tax. Voters most recently renewed the tax on Oct. 11, 2011. In that special election, the tax was set to last through June 2023. The proposed election would extend the tax through 2033.

The city collects about $22.5 million annually from the tax. That amount is split 60-40 between General Fund Operations ($13.5 million) and Sales Tax Capital Improvements ($9 million). That equates to about 27% of the overall general fund revenue and 100% of the sales tax capital improvements program.

Staff said a revenue loss of that magnitude could not be replaced by other sources, especially considering other revenue sources are currently experiencing downward pressures in the short run due to coronavirus and related issues.

Voters in 2011 approved the renewal of the tax by about a 75% margin.

“The citizens of Fayetteville have shown themselves to be thoughtful and intelligent voters,” said Paul Becker, the city’s chief financial officer. “I am confident that after being shown the facts, they will overwhelmingly vote to continue this tax, which provides funding for many vital programs.”

Discussion:


6. Calling a Special Election on Aug. 10, 2021 to Extend the One Percent (1%) Sales and Use Tax (Details)

An ordinance calling a special election in the City of Fayetteville, Arkansas on the question of extending the expiration date of the one percent (1%) sales and use tax within the City of Fayetteville, Arkansas to extend the one percent (1%) sales and use tax from the current expiration date of June 30, 2023 to the new expiration date of June 30, 2033.

Background:
This item would establish an ordinance to continue the sales tax if the election is called and approved.

Discussion:


7. Special Election Budget Adjustment (Details)

A resolution to approve a budget adjustment in the amount of $20,000.00 to pay for a special election for the purpose of continuing the one percent city sales and use tax on Aug. 10, 2021.

Background:
This item creates a budget adjustment to pay for the special election, if it’s called.

Discussion:






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