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HomeMy WebLinkAbout1994-12-20 MinutesMINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, December 20, 1994 at 6:30 p.m., in the council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Stephen Miller, Kit Williams, Conrad Odom, Woody Bassett, Len Edens, Heather Daniel, Joe Box, and Fred Vorsanger; City Attorney Jerry Rose; City Clerk Traci Paul; _City Treasurer Glyndon Bunton; Administrative Services Director Ben Mayes; Planning Director Alett Little; Public Works Director Kevin Crosson; members of staff, press, and audience. CALL TO ORDER Mayor Hanna called the meeting to order with eight aldermen present. RECOGNITION OF COUNCIL. MEMBERS Mayor Hanna gave recognition to Aldermen Joe Box, Len Edens, Conrad Odom, and Fred Vorsanger. He stated the four aldermen are attending their last meeting. Mayor Hanna presented Aldermen Joe Box, Len Edens and Conrad Odom a key to the City. Mayor Hanna then spoke specifically about Alderman Vorsanger and his past achievements. Fred Vorsanger was presented the Distinguished Citizen Award for the City of Fayetteville. Alderman Vorsanger spoke a few words about his service on the Council. He addressed the;new Council members by wishing them well in the future. He'stated•that two of his greatest honors -were to serve as a past mayor-ofthe City of Fayetteville and to serve with the current City Council. OLD BUSINESS Mayor Hanna introduced consideration of items.that.have been brought before the,Councilbut were tabled or no decision made to allow further information to be presented. ' Al. RIGHT-OF-WAY VACATION V94-5: An ordinance vacating a 12.5 foot wide strip of right-of-way located on the north and south side of the existing right-of-way located between 1543 and 1571 Arthur's Court as requested by Carl Lewis. December 20, 1994 Mayor Hanna stated this had been sent back to the Planning Commission for consideration after being left on the table for several weeks at the request of the residents. This is not the same ordinance that was sent back. City Attorney Rose explained that the ordinance had already had two readings and, if not tabled, it will be on its third reading. The ordinance on its third reading is the ordinance which completely vacates and abandons the 50 foot easement between the two lots in Park Place and Boardwalk and in its place would accept a new 16 foot right-of-way grant for ingress and egress of emergency vehicles. At the last meeting it was referred back to the Planning Commission. The Planning Commission made certain recommendations that differ from the ordinance brought before the Council. The Council has the following options: (1) table the item until the next meeting; (2) place the ordinance on its third and final reading and then vote it up or down; and if the ordinance is voted down, (3) consider a new ordinance based on Planning Commission's recommendations. John Eldridge, attorney for the residents, has requested this be tabled. Mayor Hanna stated he did not really want anything carried over to the new Council that had already been discussed. If a new ordinance is considered, it would probably still have to be left on the first reading in all fairness to the residents. Alderman Williams, seconded by Odom, made a motion to table the item. Upon roll call, the lotion passed by a vote of 8 to 0. A. ALLEY VACATION V94-10: An ordinance vacating a portion of a 12 foot east -west alley located east of Vandeventer, between Ila Street and Maple Street, as requested by Thad Hanna. Mayor Hanna stated the ordinance had been left on the first reading at the previous Council meeting. There had been a public hearing at that time. City Attorney Rose read the ordinance for the second time. Edens, seconded by Vorsanger, made a motion to suspend the rules and place the ordinance on its third and final reading. Alderman Bassett expressed his reluctance to move ahead with this ordinance because he agreed to not waive the rules due to the need for a parking lot ordinance as discussed at the last meeting. Mayor Hanna stated the Planning Department is drawing up an ordinance regarding parking lots in residential zones. The ordinance will probably be submitted to the Planning Commission at the first meeting in January. Y,. December 20; 19949 Planning Director Alett Little stated the third draft of a proposed ordinance is on the Planning Commission's agenda for their meeting on January,9, 1995. That would then allow it to be brought to Council the following week. Alderman Edens asked if there was an assumption that if the alley was vacated, it would somehow have an affect on a parking lot. Alderman Bassett stated there are two different issues. Alderman Edens made a suggestion that if the vacation passes, the Council restrict Thad Hanna from doing anything with the property until the parking lot ordinance passes. Thad Hanna stated he did not have a problemwith that. Alderman Vorsanger stated he agreed with Alderman Bassett. He stated the alley vacation is getting tied up with the issue of parking. They are two different questions. Alderman Miller stated he was hesitant to Suspend the rules. Alderman Williams stated unless there is some reason to rush this vacation, he would not support suspending the rules. Alderman Box stated the vacation issue and the parking lot issue are not connected. He stated although he supported the vacation, .he had informed a resident that the Council would not be voting on this vacation tonight so, therefore, he would not be in favor of suspending the rules. - Upon roll call, the motion was defeated by a vote of 2 to 6. - Mayor Hanna stated the ordinance would be on its third reading at the next Council meeting. CONSENT AGENDA • Mayor Hanna introduced consideration of items which may be approved by motion,.or•contracts and leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a "Consent Agenda":. A. Minutes of the November 22, special and the December 7, regular City Council meetings: , - B. A resolution accepting low Bid 94-86 from Williams Ford Tractor for the purchase of a 40 Ton Equipment%Trailer at $32j500,7.1ess,a trade allowance of $601, for a net amount of $31,'899... ' December 20,.1994 RESOLUTION 137-94 118 RECORDED IN THE CITY CLERK'S OFFICE. C. A resolution approving•a budget adjustment to increase funding for Parts and Contract Services for the Shop fund in the amount of $53,400. RESOLUTION 138-94 A8 RECORDED IN THE CITY CLERIC'S OFFICE. D . A resolution approving a budget adjustment to increase funding for Solid Waste Disposal Feeds in the amount of $72,500. RESOLUTION 139-94 A8 RECORDED IN THE CITY CLERK'S OFFICE. E . Resolutions to transmit Agreements of Understanding to Arkansas Highway and Transportation Department for ISTEA funding for AHTD $040195 Fayetteville Bike Trails project, AHTD $040198 Railroad Corridor Preservation, and AHTD 8040197 Entry Corridor Enhancement. RESOLUTION 140-94 AS RECORDED IN THE CITY CLERK'S OFFICE. F. A resolution acknowledging receipt of notice from Baldwin Piano & Organ Co. of exercise of option to purchase project; approving such purchase; acknowledging receipt of purchase price; authorising execution of cancellation of record of lease, cancellation of record of trust indenture, deed and bill of sale; and related matters. RESOLUTION 141-94 A8 RECORDED IN THE CITY CLERIC'S OFFICE. G . A resolution approving the extension of a contract to the University of Arkansas for operating the Educational Access Channel through December 31, 1995. RESOLUTION 142-94 A8 RECORDED IN THE CITY CLERK'S OFFICE. H . A resolution approving the extension of a contract to Community Access Television for operating the public access channel through December 31, 1995. RESOLUTION 143-94 A8 RECORDED IN THE CITY CLERIC'S OFFICE. Odom, seconded by Edens, made a motion to adopt the consent agenda. Upon roll call, the motion passed by a vote of 8 to 0. 44 December 20; 1994'' SOFTWARE UPGRADE Mayor Hanna introduced.consideration of a resolution approving the purchase of an upgrade for the AS/400 processor and an upgrade for the AS/400 operating system, System Utilities, and corresponding IBM Application Software for total of $132.,976.35. Wes Cook, Data Processing Manager, explained that in 1991 the AS/400 processor was purchased knowing that at some time in the future, it would have to be upgraded. The new model 310 has additional memory and will create faster turnaround of data. He further explained the functions of the new equipment. In answer to a question from Alderman Daniel, Cook stated the life span would be approximately three to four years'. Odom, seconded by Daniel, made a motion to approve the resolution. Upon.roll.call, the motion passed by a vote of 8.to 0. RESOLUTION 144-94 AS RECORDED IN THE CITY CLERK'S OFFICE. 1995 BUDGET 4 4 Mayor Hanna introduced consideration of a resolution adopting the 1995 City of Fayetteville Annual Budget and Work Program. Steve Davis, Budget Coordinator, gave a brief recap of the budget and stated he was available to answer any questions. Alderman Miller asked if the changes listed in Exhibit B would be included in the budget if it was voted on tonight. Administrative Services Director Ben Mayes stated they would be. Alderman Daniel questioned the timing of approving,the budget. She stated that it might make more sense to have this voted on by the new Council since it was for the new year.. Mayor Hanna stated if the budget is not passed by the end of the year, there would be no operating capital. The law requires that the budget be in place before the end of the year. He further stated that the new Council has the power to change any part or all of'the budget for 1995. Alderman Odom stated the new Council members have been present at almost all budget meetings and were given the opportunity to make their comments. Mayor Hanna stated there is only a small change in the budget each year with the exception of the additional costs of personnel and equipment due to the growth. December 20, 1994 Alderman Vorsanger commented that when this process was started, the Council was told of the reason that the budget needed to be passed before the end of the year. Every other first-class city in the State of Arkansas has gone through the same thing and passed their budget. In answer to a question from Alderman Vorsanger regarding the 66 million dollar budget, Davis stated the General Fund is approximately 14 million dollars. Odom, seconded by Vorsanger, made a motion to approve the resolution.. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 145-94 A8 RECORDED IN THE CITY CLERK'S OFFICE. FUEL STORAGE TANK ORDINANCE Mayor Hanna introduced consideration of an ordinance replacing Ordinance #3424 and allowing use of new technology type, protected above -ground tanks for flammable liquid storage. City Attorney Rose read the ordinance for the first time. Williams, seconded by Miller, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0; and the City Attorney read the ordinance for the second time. Odom, seconded by Box, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the third time. Alderman Williams explained that technology has made above -ground tanks safer than in the past. Mayor Hanna stated the EPA has placed strict requirements on underground storage tanks. They are hard to monitor. Upon roll call, the ordinance passed by a vote of 8 to 0. The emergency clause passed by a vote of 8 to 0. ORDINANCE 3853 APPEARS ON PAGE °f/S OF ORDINANCE BOOK Xyl/// REZONING R94-56 Mayor Hanna introduced consideration of an ordinance rezoning 0.48 acres located 2028 Birch Street from R-1, Low Density Residential to R-2, Medium Density Residential, as requested by William R. Shepherd on behalf of Judith Paz. December 20, 1994• City Attorney Rose read the ordinance for the first time. Odom, seconded by Williams, 'made notion to 'suspend the rules and place the ordinance on its second reading. - Upon. roll call, the motion passed by a vote of 8 to•0; and the City Attorney read the ordinance for the second time:. Box; secondeh by Edens, made a motion to further suspend the rules and placethe ordinance on its third and final reading_. Upon roll. call, the motion passed by a vote of 8 to 0. The city Attorney read .the ordinance for the third time. Alderman Miller expressed concern about a dump near that area. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3854 APPEARS ON PAGE 5`A° OF ORDINANCE BOOK K X v 7/ REZONING R94-57 Mayor Hanna introduced consideration of an ordinance rezoning 10.74 acres located beside and behind 2036 N. College Avenue from R-1, Low Density Residential to R -O, Residential -Office, as requested by Trevor Lavy. The Planning Commission voted to recommend the rezoning subject to a Bill of Assurance requiring access to be provided to N. College prior to any development of the tract. City Attorney Rose read the ordinance for the first time. Odom, seconded by Box, made a motion to suspend the rules and place the: ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 to 1, with Miller voting no. The City Attorney read the ordinance for the second time. Box, seconded by Edens, made a. motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 7 to 1, with Miller voting no. The City Attorney read the ordinance for the third time. Alderman Miller stated he voted no because he had been asked by citizens not to suspend the rules. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3855 APPEARS ON PAGE 4/97A OF ORDINANCE BOOK 1'X v// REZONING R94-60 Mayor Hanna introduced consideration of an ordinance rezoning 51.39 acres located north of Wedington Drive and West of 54th Avenue from A-1, Agricultural to R-1.5, Moderate Density Residential as requested by Richard Bundrick for J.D. Hall. December 20, 1994 City Attorney Rose read the ordinance for the first time. Alderman Williams stated that Len four, asked that the rules not be because he would like to give his Alderman Williams stated he would rules for that reason and because Alderman Miller the rules. Alderman Daniel rezoning. Richard Bundrick stated they were going to provide attractive and affordable housing. Alderman Odom stated the rezoning request seemed to be consistent with the area. The Council should only consider that very issue, not what is going to be developed. Alderman Vorsanger stated the Planning Commission approved this 7-1-1. This rezoning would improve this property. Vorsanger, seconded by Odom, made a motion to suspend the rules and place the ordinance on its second reading. In answer to a question from Alderman Edens, Little stated there was no public opposition to this rezoning. There was an annexation hearing in May. The petitioner requested the property be annexed into the city as A-1, Agricultural. There was no opposition to that action. Schaper, Alderman Elect for Ward suspended on this rezoning input as an alderman in January. not be in favor of suspending the it is a very large tract. stated that he would also vote against suspending agreed with not suspending the rules on this In answer to a question from Alderman Vorsanger, Little stated any proposed subdivision would go through the normal plat process. Alderman Daniel stated although Fayetteville needs affordable housing, sprawling development is a concern. Alderman Box stated he had not received one call regarding this rezoning. In answer to a question from Alderman Daniel, Bundrick stated he would be required to help pay sewer costs. There was some discussion regarding possible development issues. Public Works Director Kevin Crosson reminded the Council they were only being asked to consider the rezoning. :M1. . December 20, 1994, Upon roll call, the motion passed by a vote of 6 to 2, with Miller and Williams voting no. The City Attorney read the ordinance for the second time. Edens, seconded by Vorsanger, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 6 to 2, with Miller and Williams voting no. The City Attorney read the ordinance for the third time. Mike Andrews stated that his family has lived in the Wedington Drive area for over forty years.- He expressed concern over the fact that theArules had been suspended on this matter and others. The people do not have a chance to comment. - Alderman Bassett stated Fayetteville has an open government and people have unlimited opportunities to,speak to:the Council. In answer to a question from Alderman Vorsanger, Andrews stated he did not attend the Planning Commission meeting.because he had not been informed that this issue was being considered. Andrews stated in regard to the development of affordable housing, Fayetteville needs it. Wedington Drive is congested and is only going to get worse. It is not an appropriate area. Mayor Hanna stated this is a rezoning request. The development will be processed through the Planning Commission. There will be public hearings at that time to discuss the development plans. Alderman Odom stated when considering a rezoning, the issue is whether it is consistent with the zoning in the area. Bundrick expressed his willingness to work with the neighborhood when planning the subdivision. He welcomed Andrews' input during the platting stage. Andrews stated Wedington Drive needs to be widened before there is more development. Alderman Edens explained that the Highway Department requires a certain amount of traffic on a road before it is widened. Bill Shepherd stated he did not see a problem with the rezoning or the development. Alderman Williams stated the highway will not be widened for many years. Even the portion that has a sufficient traffic count to justify widening will not be done until after 1996. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3856 APPEARS ON PAGE yah OF ORDINANCE BOOR XX U// December 20, 1994 RIGHT-OF-WAY VACATION V94-13 Mayor Hanna introduced consideration of an ordinance vacating a portion of Shiloh Drive, west of Highway 71 and in front of the Northwest Arkansas Mall, as requested by Kurtis Jones on behalf of Rouse Tri-State Ventures. City Attorney Rose read the ordinance for the first time. Miller, seconded by Edens, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0; and the City Attorney read the ordinance for the second time. Edens, seconded by Miller, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the third time. Alderman Edens expressed his concerns that this might be State property. Parts of Shiloh Drive belong to the State. Little confirmed that it does belong to the State at varying places along the bypass. Just south of Joyce Boulevard, it is state-owned property; however, just north of Joyce Boulevard, it is a city street and has been maintained by the City for a number of years. This is the road which leads to the Shoney's building. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3857 APPEARS ON PAGE y2P OF ORDINANCE BOOK X/".111 BID WAIVER Mayor Hanna introduced for consideration an ordinance approving a bid waiver for the purchase of a sound system for the downtown square. The sound system is being purchased with Advertising & Promotion Commission funds. City Attorney Rose read the ordinance for the first time. Edens, seconded by Miller, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0; and the City Attorney read the ordinance for the second time. Miller, seconded by Edens, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3858 APPEARS ON PAGE 1/30 OF ORDINANCE BOOK 1 December 20, 1994`4 WARNER CABLE RATES Mayor Hannaintroduced consideration of a resolution approving a Rate Order recognizing that Warner Cable's rates for basic cable service and related equipment and installation as outlined in FCC forms 1200, 1205, and 1210 are reasonable and in compliance with FCC regulations. Alderman Williams asked if this was changing any of the present rates. City Attorney Rose explained that a study had been done. He stated Moss & Barnett, a firm familiar with complicated FCC regulations, analyzed Warner Cable's rates regarding basic cable service. They came back witha clean bill ofhealth for Warner Cable. They have reported the rates currently charged are within the limits allowed under the law with the FCC. Those rates should be set in a resolution. Then Warner Cable would not be able to raise the rates without going before the Council. Williams, seconded by Edens, made a motion,to pass the. resolution. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 146-94 AS RECORDED IN THE CITY CLERK'S OFFICE. PERSONNEL POLICY AMENDMENT Mayor Hanna introduced consideration of an ordinance amending Section VI -20 (1) (a) of the Personnel Policy of the City of,. Fayetteville. City Attorney Rose read the ordinance for the first time. Mayor Hanna asked City Attorney Rose if the ordinance gives the Council the ability to do anything they could not do before the ordinance was presented. City Attorney Rose said that the Council now had the authority to do that. Alderman Miller stated that this did not recognize anyone and was. not a promise to binding arbitration. He stated he had received many calls from both sides of this issue. This ordinance gives options. In answer to a question. from Mayor Hanna, Rose stated a copy of a portion of the personnel policy has been included in the agenda packet. December 20, 1994 Rose stated that the fire union had asked him about six months ago how the current personnel policy should be amended in order to provide for some union recognition. There were questions about whether or not previous personnel policies were adopted by ordinance or by resolution. To avoid the problem, it should be done by ordinance rather than resolution. Alderman Odom stated he introduced the ordinance and would like for it to remain an ordinance. It does keep the Council from being able to recognize a group of any employees that is represented in the form of union or other type of organization. The personnel policy states that the Council shall not recognize any spokesperson. This is a compromise on an issue that has been before the Council. We should show the firefighters and any other organization that the Council will have the opportunity to make the decision to recognize them. Alderman Daniel stated this is an improvement in the wording. In answer to a question from Alderman Daniel, Ben Mayes stated the personnel policy was updated in 1990. There were two representatives from the fire union, two representatives from the police union and 4 or 5 general employees who helped make the policy. Alderman Odom stated he was making this proposal on behalf of the firefighters and all other city employees. Alderman Box stated there is no confusion about the policy. It now reads that the Council will not recognize anyone as a sole representative of any class of workers. This resolution says we would depart from that and would indeed have the ability to recognize someone as a sole representative. Alderman Odom stated if the firefighters came to the Council with a policy they wanted changed and another firefighter was in opposition to that, he could stand up and oppose. It does not preclude us from listening to everyone. Alderman Box stated we have that freedom now. The current policy prohibits us from speaking to a sole representative of every firefighter. Mayor Hanna stated that this is the first step of the firemen's union to be recognized as a bargaining agent for the firemen. The first question they asked on the questionnaire that was sent out to candidates in each election was, "Would you support a collective bargaining agreement with binding arbitration between the City of Fayetteville and the Fayetteville Firefighters' Association?" He stated that is the sole purpose of this. December ,20, 1994`' Alderman Odom responded by saying that we could bring that issue in but that he was not prepared to enter into a collective bargaining agreement. He stated he did not propose a. collective bargaining agreement. Alderman Bassett stated the current personnel policy does not preclude the Council from talking with the firefighters' union or any other group. It says the City of Fayetteville does not recognize any employee organization or union as the sole spokesman for any category of. employees. If this ordinance is passed, it would clear the path for city -recognition of the firefighters' union. It would encourage the union to continue with their efforts to get a collective bargaining contract with the City. This Council should get on with the business of dealing with growth and trying to improve the infrastructure and other things that the citizens are really concerned with. The firefighters have the right to form a union. The Council needs to be careful about singling out any special interest group for special treatment. Alderman Odom stated the proposed ordinance does .give us the right to say no. Alderman Box stated there are only three other cities in Arkansas with recognized unions -- Benton, Little Rock, and North Little Rock. He stated that he spoke with city officials from both Little Rock and Benton and they were very adamantly opposed to this. Alderman Box said he explained the ordinance to them and read it word for word. These city officials then went down the list of problems -that they had and the problems it caused for their cities. They explained that their situations started out with something as harmless as tills ordinance is suppose to be. The current policy/ does not preventfirefighters»from talking toyus.but.simply prevents them from representing every firefighter.._- ,,... Alderman Daniel statedjthisliis-just,an option which leaves some decisions to the future Council:-• 2 . f s b Alderman Williams stated the'City has'the freedom of..discretion:to decide whether or not to recognize an employee4organization whether the ordinance is passed or not. Personnel Director Don Bailey stated there was one very important point that had not yet been mentioned: Article 1, Section 1-2, which reads, "Elected officials and officials appointed by the City Council to advisory or special boards and commissions shall be exempt from provisions of this policy.". The Council is not covered by this policy. It is only for employees. A broad committee spent months on this policy. The management of the city to which the policy applies did not wish to negotiate a union contract with anybody. He stated that he did not know of anyone today who would look forward to going through and taking the time and effort to do December 20, 1994 that today. Fayetteville does not have the problems that exist with other communities. There is communication between employees and Council members. A considerable amount of time and effort has been spent since 1990 to implement this policy through management training. The two key issues presented were teamwork and communication. The policy addresses that no member of management is going to talk to an official of the union for purposes of negotiating a contract. Pete Reagan, President of the Arkansas Professional Firefighters, asked if it would be legal for a spokesperson of the firefighters' union to approach the Mayor or an Alderman. Alderman Box stated an employee does not have the ability to negotiate with a representative of the union but an elected official does. Reagan stated he had been misinformed previously. He understood the personnel policy to say that the union have a sole spokesperson come and speak to any member Council or the Mayor. Alderman Box stated that a spokesperson but not a City employee. Cyrus Young expressed concern about the interpretations. stated he could not of the could address the Council inconsistency of policy Mayor Hanna stated there had been some changes since the time when the City Manager was in charge. Vorsanger, seconded by Edens, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 6 to 2, with Daniel and Miller voting no. The City Attorney read the ordinance for the second time. Edens, seconded by Vorsanger, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion failed by a vote of 5 to 3, with Daniel, Miller and Odom voting no. Mayor Hanna stated the ordinance will be on its third reading at the January 3, 1995 meeting. OTHER BUSINESS BID WAIVER Mayor Hanna introduced consideration of an engineering contract to Development Consultants, Inc., for the preparation of construction plans and specifications for the Joyce Blvd. at US 71B intersection improvement project, in the amount of $29,770.51, plus a 10% december 20, 19941" project contingency of $2,977, and waive the formal selection process for this contract as well as the construction inspection contract that will be presented at a later date. Kevin Crosson explained that the City entered negotiations with the owners of the Northwest Arkansas Mall and Clary Development Corporation in early 1993 concerning improvements at the intersection of Joyce Boulevard and Highway 71B. The amount needed has increased. The Council is requested to approve a bid waiver that would allow us to finalize the engineering on the intersection. A construction contract would then be bid in January. The City will be reimbursed based on the percentages that the City negotiated with the Mall and Clary Development. City Attorney Rose read the ordinance for the first time. Williams, seconded by Odom, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0; and the City Attorney read the ordinance for the second time. Box, seconded by Vorsanger, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 7 to 1, with Odom voting no. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed with a vote of 8 to 0. • ORDINANCE 3859 APPEARS ON PAGE '13/ OF ORDINANCE BOOR XA' v// GLYNDON BUNTON Mayor Hanna announced that Glyndon Bunton was also attending his last meeting. Mayor Hanna stated he would have a key to present to him at the next meeting and that the work done has been appreciated; Treasurer Bunton stated that he did not feel slighted, that the aldermen put in more hours than he did and that he felt they very much deserved their recognition. He stated he has enjoyed his time serving with the other officials. Y � ADJOURNMENT The meeting adjourned at 8:30 p.m.