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HomeMy WebLinkAbout1994-12-20 Minutes (2)MINUTES 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 aniel; niel, Joe Box, and Fred Vorsanger; City Y Jerry City Clerk Traci Paul; City Treasurer Glyndon Bunton; Administrative Services Director Ben Mayes;. Planning Director Alett Little; Public Works snDDirector rcKKevin Crosson; members of staff, press, CALL T ER Mayor Hanna called the meetin., to order with eight aldermen present. RECOGN TION 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 Distinguisof ued Citizen Award for the CityFayetteville. Alderman Vorsanger spoke a few words about his service on the Council. He addressed the new Council members by wishing them well in the sutura. He oroaofdtheat two City off his Fayettevilletandntosserve with were to serve as a past may the current City Council. nr.Byp US3NE9$ Mayor Hanna introduced consideration of items that have been brought before ithe erCouncilto but tewere reetabla or no decision made to allowfurther vac a 12.5 ce Ai. foot wide strip pCof rightATION -of-waynlooatedn on the north and south side of the existing right -DC -way located between 1543 and 1571 Arthur's Court as requested by Carl Lswis. 1 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, it 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 fore the Council. Thee e Council has the following options: (1) 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 motion passed by a vote of 8 to 0. ance A. 12Lfoot EY Aeast westCATION 4alley located -10t An neast ofcVandeventer, between Ila Street and Maple Street, as requested by Thad Hanna. t Mayor.Hanna stated the ordinance had been left adebe had fteonathe pebfirstareading at the previous Council meeting. at that time. City Attorney Rose read the ordinance for the second time. :WSae.. seconded by ordinance oaits motion to reading. the rules and plies • e ordina Alderman Bassett expressed his reluctance to move ahead with titter..;� ordinance bsoauss hs.agresd to not waive the rulee'dug to the°haldt ' for a parking lot ordinance as discussed at the last meeting.°- Mayor Hanna stated the planning Department is drawing up' ordinance regarding parking lots in rodid�ntial adEtla. 4Y'hi,' " inanisia will pp bbabin lenbe submitted to the pitnnihi ti titaiOirl • December 20, 1994 Planning Director Alett Little stated the third drafttofia proposeof a d ordinance is on the Planning Commission's agenda 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 trithe eoalley was vacated, it would somehow have an affect on a parking 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 problem with that. He Alderman Vorsanger stated he agreed with hdAlderman an BasBassett. of stated the Theyearevacation' different questions. parking. 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 theprkitgelotcissue, ot issue are not connected. He stated althoryh he support cil would g thisavacationeresident not betinefavor non that the of suspending the rules. Upon roll call, t'a 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. .01=11-601101 Mayor Hanna introduced consideration of items whichmaye approved by motion, or contracts and leases which can be approvedy dhm"Cnq Agenda": and approved simultaneously underaonset A A. Minof theoNovelber 22, special and the December 7, regular M. A resolution accepting tow Did f4 -e2 from Williams lord Motet tot the pram of a 40 TAD afipaent Trailetr sato$$$ ,ef �s ems a trade allowahoe of Mit for a met 11. • December 20, 1994 RESOLUTION 137-94 AS RECORDED IN THE CITY CLERK'S OFFICE. o C. fundingufornPartsapproving Contractbudget Serviceseforttheincrease Shop fund in the amount of $53,400. RESOLUTION 138-94 A8 RECORDED IN THE CITY CLERK'S OFFICE. D. resolution o id WasteDisposal Fed aoaes int to increase funding for Sthe amount of $72,500. RESOLUTION 139-94 A8 RECORDED IN THE CITY CLERK'S OFFICE. Resolutions to transmit Agreements of Understanding to Arkansas Highway and Transportation Department for TOTER funding for AHTD 9040195 Fayetteville Bike Trails project, 9�040197D 40198 EntryRailroad CorridorCorridor Preservation, Enhancement RESOLUTION 140-94 AS RECORDED IN THE CITY CLERK'S OFFICE. ice from F. Baldwin uPiano tion a6 Organ dCo. 0f exercise ofging.receipt of t option to purchase project; approving such purchase; acknowledging receipt of purchase price; authorising execution of 'cancellaoftrusttindenture, deedof record fandabillOfcancellation record sale; and related matters. 141-94 A8 RECORDED IN THE CITY CLERK'S OFFICE. 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 CLERK'S O?fICI. Odom;: seconded by Edens, made a motion to adopt the consent agenda. Upon Uoll, call, the notion passed by a vote of a to O. RESOLUTION 0. December 20, 1994 SOFTWARE UPGRADDF Mayor Hanna introduced consideration fracresor lutionaapproving fthe oe purchase of an upgrade for the AS/400 the AS/400 operating system, System Utilities, and corresponding .IBM. Application Software for a total of $132,976.35. Wes Cook, Data Processing Manager, explained that in 1991 the AS/400. processor was purchased ?avowing 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 TSE CITY CLERK'S OFFICE. Zoos BUDGET Mayor Hanna introddconsideration iongof andesolution adopting the 1995 City of Fayetteville 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 8 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 thetend of the '.year, there would be no operating capital. The reregfiresetires hat the budget be in place before the end of the y08r. stathe eonnew 9Council has the power to change any part or all of the budget Aldermen 1-bu4g ttOmeetingshe dw and werelgivSn the rs opportve unity present nmakta almort.a31 bu¢g_ their:commant; - ` Mayor,ltenna itatedppthere is only a small chaps in�the bud0 4. eeoh 1 ynr .*it1014 flti th i On of the additional` oeeor of piraewlel�;and { I` egpipm.. V.ra w .. T . i_a - R N. December 20, 1994 Alderman Vorsanger commented that when this process was started, the Council was told of the reason that the getrneededstocbey in passed before the end of the year. Every other 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 Fayetteville's operations budget is approximately 14 million dollars. Odoa, 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 AS RECORDED IN THE CITY CLERK'S OFFICE. * STORAGE TANK ORDINANCE Mayor.Hanna introduced consideration use ionof ancordian nanceyree placingcted Ordinance #3424 and allowingstorage. tanks for flammable liquid City Attorney Rose read the ordinance for the first time. Williams, seconded by Miller, made a motion to suspend thecrulesthe and place the ordinance on its second reading. Up on 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 aon motion to further suspend the rules and les andlplace e theiorthe dinance byce its third and final reading. Upon rvote 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 dhstrict requirements on underground storage tanks. They .upon roll call, the ordinance passed by a vote of 8 to 0. The eaergenoy clause passed by a vote of 8 to 0. ORDINANCE 3853 APPEARS ON PAGE 07 ORDINANCE 3001 Enaltyc R94 -S6 inance acrlOOatedn2028usiroh Streetation of an from.R 1, LowdDensitYrRe rezoning to'`R+2, Medici DSitsity Residential, as requested by toiiliad:R: Shdpisdrd or►pdhaif of Judith Pan. D December 20, 1994 City Attorney Rose read the ordinance for the first time. Odom, seconded by Williams, made a motion to suspend the helr,lesees andtnd place the ordinance on its second reading. Upon roll passed by a vote of 8 to 0; and the City Attorney read the ordinance for the second time. Box, seconded by Edens, made a motion to further suspend therules andlplace the e theiordinance bye ion ts third and final reading. Upon 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 OF ORDINANCE BOOK REZONING R94-57 Mayor Hanna introduced consideration of an ordinance rezoning 10.74 acres located beside and behind 2036 N. College Avenue from -1, by Low Density Residential to R-0, Residential -Office, as requested 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 or. 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. stated he voted no because he had been asked by suspend the rules. the ordinance passed by a vote of 8 to 0. Alderman Miller citizens not to Upon roll call, ORDINANCE 3855 APPEARS ON PAGE REZONING R944 60 Mayor Hanna introduced consideration of an ordinance rezoning 51.39 acres located north of Wedington Drive and West of 54th Avenue frog requested kfor Moderate J.DDeHally Residential as eed byRichard Bundr OF ORDINANCE BOOK 4, ill „ je..1 tir V Y 1 it 4::9 • December 20, 1994 City Attorney Rose read the ordinance for the first time. Alderman Williams stated that Len Schaper, Alderman Elect for Ward four, asked that the rules not be suspendeddsaona thisialderman ng because he would like to give his input Alderman Williams stated he would not be in favor orr f suspesuspending the rules for that reason and because it is a very 4 Alderman Miller stated that he would also vote against suspending the rules. Alderman Daniel agreed with not suspending the rules on this rezoning. Richard Bundrick stated they were going to provide attractive and affordable housing. Alderman Odom stated the rezoning requestseemed thatbe wwith the area. The Council should only consider 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 ti- rules and place the ordinance on its second reading. e there Ia answer to a question from thisAlderman ezoning. There hearing i hntoithn May. The was no public opposition to petitioner requested the property be annexed into the city as A-1, Agricultural. There was no opposition to that action. In answer to a question from Alderman Vorsanger, Little stated any proposed subdivision would go through the normal plat process. Aldeman Daniel as although Fayetteville needs affordable housing,sprawlingdevelopment .c; 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 llic Worasked to kDirector Crosson reminded the Council they Vete D 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 edingtthe on Drive area for over forty years. He expressed concern overfact that rules sahaachance had been suto dedmont suspended this matter and others. The pthPte do not 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 nause 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 subdi'visicn. He welcomed Andrews' input during the platting stage. Andrews stated Wedington Drive needs to be widened before there is more development. ent certainn namount ofplained trafficttontathe road1ghway beforeDitaismfires a Edens widened.. Bill Shepherd stated he did not see a problem with the rezoning or the development. d Alderman Williams portion thatated the hhaswaywill not sufficientbtraffioe count tofor ny years. wvdn the F justify widening will not be done until niter 1996. Upon roll call, the ordinance passed by a vote of • to O. ORDIMAMUN $$96 APPMAMI OM PAGE OF ORbMMAN* BOOR D December 20, 1994 RIGHT OF WAY VACATION V94-13 Mayor Hanna introduced consideration of an ordinance vacating a portion of Shiloh Drive, west ofghway ay 71rand innfs t ofhtthe e of Northwest Arkansas Mall, as request eRouse 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 readdead the ordinae nce for the second time. Edens, seconded bys further suspend pF,lace the the motion dinance on passed by atvotelof and to C final reading. Upon roll call 0. The City Attorney read the ordinance for the third time. Alderman Edens expressed his concerns that tthisSmight be State property. Parts of Shiloh Drive belong Little henbypass.tpJusttsouth ofbelong Joyceovarying at Boulevard, it isstate-owned along the hop 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 OF ORDINANCE BOOR 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 ules and les andlplace the ace motionpassedby ion ts third and final reading. Upon vote of 8 to 0. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance pawed by a vote of 6 to 0. ORDINANCE 2868 APPEARS ON PAGE 07 ORDINANCE 8001 • D December 20, 1994 n r,RTF RATES Mayor Hanna introduced consideration of a resolution approving a Rate service recognizing tpmmentaandrinstallationrates asfor outlined inFCC cable forms 0nd related2, equipment 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 .complicatedbFCFCC sreg lationnss, analyzed Warner Cables rates regarding came back with a clean bill of health 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 could 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 s to o. REPOLUTION 146-94 As RECORDED IN THS CITY CLERK'S OFFICE. MagliNFEEDMENT nce Section nHanna introduced()()of thederation Personnelfan Policydofathe Cityof Section VI -20 (1) ( ) 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 not Herstatedzhee ahadnreceivedwas not a promise to binding arbitration. many calls from both sides of this issue. This ordinance gives options. In answer to a question from Mayor Hanna, Rosa stated a dopy of a portion of the personnel policy has been included in the agenda packet. D 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 oth::r 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 generalemployees 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 prohibitscus 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 firsmSn: The firit444estion they asked on the questlonnaire,;ehatuMas Nnt out to oandidetes'in eaohelection was, "Wo0l4.you support attoollibtiw bargiinirig agreement with.binding,arb`oration bptweeng£the, Citiy bII; Payittiville end the Payettsville Firelighters*' ASeoniatidn7"; * 's stat & thet is the sola: purpose d! thWa, 4.11 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 ThisCouncil s.o-ldlgeettOn withgthelbusinessact with of dealing withgrowth ands'rying.t shouldig 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 this ordinance is suppose to be. The current policy does .not prevent firefighters from talking to us but simply prevents them from representing every firefighter. Alderman Daniel stated this is just an option which leaves some decisions-to the future council. Alderman Williams stated the City has the freedom of•discretion to decide whether or not to recognize an employee organization whether the ordinance'is passed or not. •Personnel-Director Don Bailey stated there was one very important pointthat.had not yet been mentioned: Article 1, Section 1-1, which-sonde, "Elected officials and off iciale appointed by: the.City Council to:_advisory or special boards.an&oommi Sions shalSlaO exemptfroS provisions of this policy.!' The Council iii nOt tiaYo� d by WS. policy. It is only for employe#o,; 7►;bro`ads oaitittli ipen months on Sthic policy. Ths�.manngiment 0f the dity to1ailsiiieth pol oy;app1isi: di¢ not ,,wishbto negOtia ie union ,00nitiOt ,Mi itit anybody. KHs itatid that hs, did not�tknOti?4 � pan.:000:$ I inip V, look` forwatd .tio'.`'going through end takiriq ypptiiiab �,a Idl y . '. Y'.eC "31• i . Y#2� D 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. Thetwo key issues presented were teamwork and communication: The policy addresses that no mer''er of management is.going to talk to an official of the union fo:. purposes of negotiating a contract. • Pete Reagan, President of the Arkansas Professional Firefighters, asked if it would legal egalrfor or an spokesperson of the firefighters' union to approach the 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 stated he understood comecy andospeakthat anythe member of the could not the Council. or the Mayor. Alderman'Box stated, that a spokesperson could address the Council but not a City employee. Cyrus:Young•expressed concern about the inconsistency of policy interpretations. 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 real the ordinance for the second time. Edens, seconded by Vorsanger, made a motion to further suspend the ts .rolls call,,pthelacethe motionrdinance failed bynaivotehofd5and final to 3, with pon Daniel,and Miller. and Odom voting no. Mayor Hanna stated d5the eeordordinance will be on its third reading at the January 3, OTHER BUSINESO ATD WAIVE$ Mayor lis�it►a �intro¢uoed oonsiQarOlon �t,�0441144it ring ont soft o Deval6pm0n�denauitants, Ino. , !or tha,prapara"tion olfnoyistLwbbiOiY 3ekn0 ;drigksPoi lioations t8rn, thiMkos 113»d it ',tf9�'�<i� iiitii0004 mOrrrror vimant,p,.;retp thse mourit'fro! $2077.1016 a0,'f90 6piflrUa a�-..0 nh� r * • % VI itt4 • December 20, 1994 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 6 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 OF ORDINANCE BOOK 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. AThIQQBUEZNI The meeting adjourned at B:30 p.m. • Ij f• • D