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HomeMy WebLinkAbout1981-12-15 Minutes34t December 15, 1981 MINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Directors was held on Tuesday, December 15, 1981, at 7:30 p.m. in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Directors Todd, City Manager Grimes, City City Clerk Rowe. Members ABSENT: None Bumpass, Henry, Lancaster, Attorney McCord, Assistant of the press and audience. Noland, Osborne, and Sharp; City Manager McWethy, and CALL TO ORDER 346.1 Mayor Todd called the meeting to order and asked for a moment of respectful silence. PUBLIC APOLOGY 346.2 On December 2 Circuit Judge Mahlon Gibson found Wayne Griffin and Jim Housley guilty of stealing street signs. A portion of their sentence was that they were to "attend a City Board of Directors meeting, and make a public apology." Mr. Conrad Krauft, attorney for Griffin and Housley, spoke in their behalf. Mr. Housley and Griffin both apologized and agreed that they had made a mistake and that this type of thing would not happen again. 346.3 Mayor Todd accepted their apology and encouraged that this be a learning experience to Mr. Housley and Mr. Griffin. HOSPITAL FINANCING I 346.4 Mayor Todd introduced a resolution authorizing the Mayor and City Clerk to execute a lease -purchase agreement for hospital facilities with Mcllroy Bank & Trust. 346.5 Mayor Todd explained that the purpose of this arrangement was to finance the first phase of a three-phase capital improvements program for City Hospital. Under its terms, the property on which the improvements are to be located would be deeded to Mcllroy Bank. Upon completion of the improvements, the facilities would be leased to the City (and subleased back to the City Hospital) with local sales tax revenues and hospital net revenues used to make the lease payments. 346.6 City Attorney Jim McCord explained that this resolution was only for the first phase of the hospital improvements, and that it was expected that the City Hospital come back to the Board for the second and third phases. He explained that there were representatives of the hospital in the audience to answer any questions. 346.7 City Attorney McCord informed the Board that the lease was referred to as a fiscal funding or nonappropriation lease which meant that if the sales tax revenues become unavailable, then the city has the option of terminating the lease and then not incur any expenses. 346.8 Director Bumpass asked what the City's obligation would be under the sales tax revenues with the lease as it currently read. City Attorney McCord explained that the lease dealt with net sales tax revenues of the City not to exceed 10%. 346.9 Director Henry, seconded by Osborne, moved that the resolution authorizing the execution of the lease -purchase agreement be approved. 346.10 Director Bumpass brought up the fact that he was interested in protecting the interests of both the City of Fayetteville and City Hospital. He also noted his appreciation of the efforts of McIlroy Bank in working with the City and City Hospital. 1 1 December 15, 1981 347 There being no further discussion, upon roll call the motion passed 347.1 unanimously. RESOLUTION NO. 124-81 APPEARS ON PAGE SDr% OF ORDINANCE & RESOLUTION BOOK )0/ HOSPITAL FINANCING II Mayor Todd Introduced a resolution expressing the Board's intent to 347.2 appropriate up to 10% of the City's local sales tax revenues to assist in financing City Hospital construction projects. This resolution would formalize a pledge by the City before the July 28 sales tax election, by obligating a maximum of 10% of the sales tax revenues --for up to 15 years --for selected City Hospital capital improvement projects purposes. 0 Mayor Todd, seconded by Director Osborne, moved that the resolution be 347.3 adopted. Upon roll call the motion passed unanimously. Mayor Todd stated that an explanation of the term "net share" needed to 347.4 be included in the resolution. It was agreed by the Board that the term "net share" be defined in the resolution as meaning the gross amount of county sales Cr tax proceeds received by the City less the amount of tax revenues lost by the City from repeal of local occupation and franchise taxes following approval of the County sales tax. RESOLUTION NO. 125-81 APPEARS ON PAGE 537 OF ORDINANCE & RESOLUTION BOOK XI( MASTER STREET PLAN WAIVER/SAFEWAY Mayor Todd introduced a request by Safeway Stores, Inc., for a waiver of 347.5 the literal requirements of the Master Street Plan. City Attorney McCord stated that Safeway had requested that this item be 347.6 tabled. There were no objections to this by the Board. The item was tabled. 1 MASTER SIDEWALK PLAN WAIVER/1614 EAST HUNTSVILLE ROAD Mayor Todd introduced an appeal from the literal provisions of the Master 347.7 Sidewalk Plan ordinance, for property located at 1614 East Huntsville Road. A motion to table because the petitioner was not present, by Director Bumpass was seconded by Director Osborne. The motion passed unanimously. CONDEM1NATION REQUEST/949 BOONE STREET Mayor Todd introduced a request by the Community Development and Housing 347.8 Department for authorization to initiate condemnation proceedings for the acquisition of property at 949 Boone Street. Director Bumpass, seconded by Mayor Todd, moved that'the motion be tabled. 347.9 Upon roll call the motion was tabled. General discussion was. initiated. City Attorney McCord stated that this 347.10 issue may not belong before the Board, but rather with the Board of Adjustment to appeal the interpretation of the zoning ordinance. It was pointed out by Mr. Freeman Wood, Assistant Inspecting Superintendent, that the structure was not in violation of the zoning ordinance, rather it was in violation of the flood plain ordinance. Mr. Wood noted that the remedy would then be to go to the Board of Housing & Construction Appeals and ask for a variance from this ordinance. There was then discussion about what the Board intended the remedy for the 347.11 owners of the property to be. Director Henry stated that she thought the basic questions were not whether or not the Board wanted to authorize condemnation proceedings because there was an alternative method. The issue that Director Henry felt was pending was whether the City wanted to take over ownership of the property or require the owners to clean up the property. December 15, 1981 34S 348.1 Mayor Todd asked what would be the owner's remedy if they lost their appeal to the Construction Appeal Board. City Attorney answered that the owner's remedy would be a statutory remedy where the owner's could appeal to Cirruit Court for a trial de novo or a jury trial. The Board expressed their concern that there would not be an innocent party damaged by their ruling. 348.2 A motion by Director Bumpass, seconded by Sharp, was made to bring this motion off the table and and deny the request to condemn. With no further discussion, the motion passed unanimously. 348.3 If the variance is not granted, then Mr. Wood was requested to bring this motion back to the Board's attention for further discussion. 348.4 Mr. Rick Mason brought to the attention of the Board that there was a pending offer on the property to the owners. Director Osborne, seconded by Henry, moved that the offer be withdrawn. It was discussed that alternate remedies other than the city acquiring ownership of the property were preferred, if possible. 348.5 Upon roll call the motion to withdraw the offer passed 6 to 1 with Mayor Todd voting in the minority. VALUE ESTABLISHMENT/JUST COMPENSATION FOR PROPERTY ON SOUTH RAZORBACK ROAD 348.6 Mayor Todd introduced a request by the Community Development and Housing Director for the Board to establish "just compensation" for two parcels of property on South Razorback Road. Mayor Todd stated that these two parcels have been discussed before, and that appraisals have been made on both parcels. The market value of the properties was estimated to be $4,150 on the Baker property and $2,650 on the Westfall property. 348.7 Mrs. Baker and her son, Jim Baker, were in the audience and voiced their concern over the low appraisals. 348.8 City Manager Grimes asked what the city's obligation would be on relocation housing for the Bakers if their property is condemned. Rick Mason stated that there was a maximum of $15,000 additional moving expense money available plus the acquisition cost of the property. Mr. Mason also clarified that the Board had to establish "just compensation" so that the City could make an offer for the property. 348.9 When the Board establishes "Just compensation" and an offer is made to the property owners, then negotiations can begin between the City and the property owners. 348.10 Mayor Todd also stated that the City does have to comply with HUD regulations in their negotiating process. 348.11 The question was asked if after the city had the amount of right-of-way that was necessary if there would be enough land left to accommodate a house. Mr. Rick Mason informed the Board that the amount of space left would be inadequate and in addition, there were other problems associated with putting a house on the remaining property. The land would not accommodate a proper sewer system. 348.12 City Manager Grimes asked that if the purpose of the City is to get the Bakers into suitable housing, could the Board then go ahead and establish a "Just compensation" which would then open the doors to negotiations and come to an agreement on the value of the property. 348.13 Director Bumpass moved that the Board establish just compensation, or whatever was necessary to open negotiations. This motion was seconded by Director Osborne. Director Henry moved that the highest of the appraisals be used for the Baker property. 348.14 Director Sharp pointed out the large difference he viewed in the amount of the appraised value and "just compensation." Director Sharp stated that he felt "just compensation" would be to get the Bakers into alternate housing. 1 1 December 15, 1981 349 Mayor Todd asked Rick Mason at what point the relocation expenses were to be figured. Mr. Mason informed the Board that the relocation allowance would be figured after the actual acquisition of the property by the City. He also informed the Board that if a suitable agreement could not be reached through this process, then the question will be brought back to the Board for further consideration. There being no further discussion, the motion to establish just compensation passed unanimously. The Bakers commented that they did not intend to be hard to get along with, but that they did want an adequate adjustment. The Board agreed with this point and offered to work with the Bakers. 349.1 349.2 349.3 Q ENGINEER SELECTION/MCG00DWIN, WILLIAMS & YATES--7th, 9th, 12th, & 13th STREETS Mayor Todd introduced a resolution authorizing the Mayor and City Clerk 349.4 to execute a contract with McGoodwin, Williams & Yates for the engineering of street improvements, under the Community Development Block Grant Program, to Seventh, Ninth, Twelfth, and Thirteenth Streets. Q Director Noland, seconded by Sharp, moved that the resolution be approved. 349.5 Q Mayor Todd called for discussion from the audience or the Board. There 349.6 being none, the motion passed 6 to 0, Director Bumpass was absent. RESOLUTION NO. 126-81 APPEARS ON PAGE SSg OF ORDINANCE & RESOLUTION BOOK 301 POOL CONTRACT/MCGOODWIN, WILLIAMS & YATES--WILSON PARK Mayor Todd introduced a resolution authorizing the Mayor and the City Clerk 349.7 to execute a contract with McGoodwin, Williams & Yates, for the design of swimming pool facilities at Wilson Park. Mayor Todd informed the Board that there was a proposed contract in the 349.8 agenda. Director Osborne asked if the City Attorney had approved the contract. 349.9 City Attorney McCord stated that he had, but there were some amendments. Mayor Todd asked if the engineering firm had seen the amendments. Mr. 349.10 Carl Yates stated that they had been discussed by telephone with both City Manager Grimes and Ms. Beverly Melton. City Attorney McCord stated that if the City Board approved the amendments, 349.11 they would then be incorporated into the contract. There was some general discussion on the amendments. Mayor Todd pointed 349.12 out that the work contemplated did not include restroom facilities for the general park usage, new parking areas and related driveways, landscaping, nor any work done to the existing pool. Beverly Melton pointed out that the concession would be used by both the 349.13 pool and outlying areas. She also stated that the Board had indicated that this was their desire. Mayor Todd pointed out this intention in the contract that the work 349.14 contemplated did not include the concession areas and other areas discussed. Ms. Melton pointed out that the words "demolition of" in paragraph two 349.15 of Section I would be deleted. Director Osborne asked why Ms, Melton objected to having an architect or 349.16 if having no architect would lower the cost. Ms. Melton stated that not having an architect would not perceptively change the cost. Director Henry stated that she would rather leave the use of an architect 349.17 in the contract. Director Sharp stated that he felt the effects of the pool on the 349.18 neighborhood should be considered by an architect. 1 December 15, 1981 350 350.1 stated that she would prefer to have the changes included on II, A in both the second and third paragraphs to avoid any n. 350.2 asked Mr. Yates if there were any problems with this, and Mr. Yates stated that he saw no problems. 350.3 There was some general discussion on the changes. Mayor Todd stated that the change on page 5, Section III, B, fourth line: change "nine months" to "six months" should be struck. 350.4 Ms. Melton stated that they did need to add the further checkpoints. 350.5 Mr. Yates stated that he had worked out a timetable. 350.6 Mr. Yates also requested that the Board designate someone that he could work directly with rather than trying to work with the Board as a whole. 350.7 City Manager Grimes pointed out that the critical dates were the advertising of the award and the actual awarding of the contract. These two dates were essential to the actual beginning of construction of the pool. Mr. Grimes stated that he would like to see the contract awarded around the first of August so that the contractnr would be ready to begin construction after the closing of the pool after Labor Day. There was some general discussion about awarding the contract as soon as possible so that the contractors could be ready. 350.8 Mr. Yates pointed out that some additional work had been done, and they would like an increase in the maximum fees allocated in the contract in Section III --Payments. Mr. Yates would like the fee in Part A to be increased from $52,000 to $53,500 and in Part B from $22,000 to $22,500 because the concession work was added into the contract. 350.9 Mayor Todd pointed out that the revised figures would be: 350.10 A. 12.5% - $53,500 350.11 B. 5% - $22,500 350.12 Director Osborne asked if these percentages were the same as the City had been getting on other projects. 350.13 City Manager Grimes stated that they were pretty close. 350.14 Director Henry made a motion to approve the resolution with the changes incorporated by the Swimming Pool Committee and the City Manager including the addition of the checkpoints. 350.15 Director Osborne made a motion to move the question of the additional fees to the Finance Committee. Director Bumpass seconded Director Osborne's motion. 350.16 Mayor Todd noted that the accrual of costs would be based strictiv on a percentage of the cost of the project. 350.17 Upon roll call the motion to table passed 6 to 0, Director Henry was absent. 350.18 City Manager Grimes asked that if the Board was in agreement on the rest of the contract that they vote on this. 350.19 Director Sharp, seconded by Mayor Todd, moved that the motion to approve the contract subject to final consideration of the fees be approved. 350.20 There being no further discussion, the motion to approve the contract subject to the price changes, was passed unanimously. BID AWARD/ARKANSAS LIME COMPANY 350.21 Mayor Todd introduced a proposed bid award for hydrated lime for the Pollution Control Plant for a six-month period. 250.22 Directory Henry, seconded by Noland, moved to approve the low bid. 350.23 Upon roll call the motion passed unanimously. Ms. Melton page 2, Section problems later o Mayor Todd 1 1 1 0 Q) PARKING LOT/BID OF SUB -LEASE --419 WEST DICKSON STREET Mayor Todd introduced the motion to award a bid for the sub -lease of the 351.6 parking lot near 419 West Dickson Street. QThe City has received a recommendation by the City Staff to award to 351.7 merchants represented by Mr. Raymond Jones a lease for $150.00 per month, Q which would be breakeven for the City. Mayor Todd pointed out that the City would not be responsible for 351.9 policing the lot. Director Henry, seconded by Noland,, moved this motion be accepted. 351.10 Director Sharp questioned the part of the lease where the owners 351.11 reserve the right to lease out a portion of the lot to portable businesses. City Manager Grimes pointed out that the land owners have been informed 351.12 that they have to satisfy all city codes. Director Bumpass asked if the City would have any liability regarding 351.13 insurance for a swap meet type function. City Attorney McCord stated that he did not believe that the exposure to the City would be great. Mr. Kenneth Mourton, representing Mrs. Hinton who owns George's 351.14 Majestic Lounge, stated that they had made a proposal stating their willingness to cancel the lease that the City now has with her. He stated that Mrs. Hinton had no intentions of keeping the other merchants from using the lot. Mayor Todd asked Mr. Mourton if there was any assurance that the lot would 351.15 be designated for parking at least through the rest of the term of the lease. Mr. Mourton replied that they could give that assurance; however, he did 351.16 not want to designate that the lot would be for the general public. He stated that their intention was to alleviate the current problem of university students parking in the lot. City Attorney McCord stated that the current lease could be terminated 351.17 thereby obtaining the goal of insuring that the lot be used by merchants of the area. Director Bumpass stated that there could be a merchant that had relied 351.18 on the fact that there would be public parking in the lot based upon the lease. If this were so, this reliance should be protected for the amount of time remaining on the lease. After general discussion by the Board members, it was decided that City 351.19 Attorney McCord should work with Mr. Mourton and secure an agreement between Mrs. Hinton and the area merchants that would be agreeable to all of them. Directors Henry and Noland withdrew their initial motions. 351.20 Director Henry, seconded by Osborne; made a motion to table to allow City 351.21 Attorney McCord to negotiate a suitable agreement. Upon roll call the motion passed unanimously. 351.22 December 15, 1981 351 LEASE AUTHORIZATION/CITY-OWNED HOUSE IN INDUSTRIAL PARK Mayor Todd introduced a resolution authorizing the Mayor and the City 351.1 Clerk to execute a lease agreement for the rental of a city -owned house in the Fayetteville Industrial Park. Director Bumpass, seconded by Henry, moved to approve the resolution. 351.2 Director Sharp asked if the Fire Department should inspect the house 351.3 before rental. Mayor Todd agreed that the City should set the example and have this 351.4 inspection performed. Upon roll call the motion passed unanimously. 351.5 RESOLUTION NO. 127-81 APPEARS ON PAGE 35/ OF ORDINANCE & RESOLUTION BOOK 41 December 15, 1981 352 SIGN AMENDMENT/ORDINANCE AMENDING THE SIGN ORDINANCE 352.1 Mayor Todd introduced an ordinance amending the Sign Ordinance, by prohibiting the use of vehicles as signs. 352.2 Section 17B-7 (h) of the City Code currently reads that: 352.3 "No person shall park, or allow to be parked, any vehicle or trailer on which any sign has been printed, affixed, erected or placed on a public right-of-way or on public or private property so as to be visible from a public right-of-way for the basic purpose of advertising a product or directing people to a business or activity located on the same or other property." (Emphasis added) 352.4 The City has found enforcement difficult, however, because of the problems of proving what the purpose of a prohibited act was. 352.5 The amendment before the Board at this time, therefore, would cause this section to read: 352.6 "It shall be unlawful to use a vehicle or a trailer as a sign in circumvention of this chapter." 352.7 Mayor Todd asked that if the City had to prove that someone would be trying to circumvent the proposed amendment ordinance. 352.8 City Attorney McCord replied that this was correct. He further stated that this was a difficult burden of proof, but that there was no way to get around it without having an ordinance that was unconstitutionally overly broad. 352.9 City Attorney McCord stated that both he and the City Prosecutor agreed that this proposal would be an improvement. 352.10 City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Noland, moved that the rules be suspended and the ordinance be placed on second reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the second time. 352.11 Director Osborne, seconded by Henry, moved that the rules be further suspended and the ordinance be placed on third and final reading. Upon roll call the motion passed unanimously, and the City Attorney read the ordinance for the third time. 352.12 Mayor Todd called for discussion on the ordinance. There being none, the ordinance passed unanimously upon roll call. ORDINANCE NO. 2783 APPEARS ON PAGE 9,0 OF ORDINANCE & RESOLUTION BOOK >)J CHANGE ORDER/SEWER LINES ALONG FULBRIGHT EXPRESSWAY 352.13 Mayor Todd introduced a resolution approving a change order regarding the installation of a 12" sewer line along Fulbright Expressway, between Highway 112 and Gregg Avenue. 352.14 Director Henry, seconded by Noland, moved to approve the resolution. 352.15 Upon roll call the motion passed unanimously. RESOLUTION NO. 128-81 APPEARS ON PAGE 35&4 OF ORDINANCE & RESOLUTION BOOK XII FUNDING CONTINUANCE/1981 GENERAL, PUBLIC WORKS, AND AIRPORT FUNDS BUDGETS 352.16 Mayor Todd introduced an resolution authorizing the expenditure of up to 10% of the amounts budgeted in the 1981 General, Public Works, and Airport Funds Budgets until the 1982 versions are adopted. 352.17 Director Henry, seconded by Osborne, moved to approve the resolution. 352.18 Upon roll call the motion passed unanimously. RESOLUTION NO. 129-81 APPEARS ON PAGE 357 OF ORDINANCE & RESOLUTION BOOK XI\ 1 1 December 15, 1981 353 TOWING ORDINANCE/AMENDING CITY CODE PROVISIONS ON IMPOUNDING AND TOWING Mayor Todd introduced an ordinance amending the City Code provisions for 353.1 the impoundment and towing of illegally parked vehicles City Attorney McCord stated that this ordinance was necessary to meet due 353.2 process requirements. City Attorney McCord read the ordinance for the first time. Director 353.3 Lancaster, seconded by Noland, moved that the rules be suspended and the ordinance be placed on second reading. Upon roll call the motion passed 6 to 0, Director Osborne was absent, and the City Attorney read the ordinance for the second time. Mayor Todd, seconded by Bumpass, moved that the rules be further suspended 353.4 and the ordinance placed on third and final reading. Upon roll call the motion passed 6 to 0, Director Osborne absent, and the City Attorney read the ordinance for the third time. Mayor Todd called for discussion on the ordinance. 353.5 Director Lancaster asked who would be responsible for these vehicles and 353.6 where they would be stored. City Attorney McCord stated that the Chief of Police would select a garage 353.7 or several garages to serve as the official police garage and find the best price and service available. City Attorney McCord stated that the Chief of Police had a copy of the 353.8 proposed ordinance. Upon roll call the motion passed unanimously. 353.9 ORDINANCE N0. 2784 APPEARS ON PAGE 5i/ OF ORDINANCE & RESOLUTION BOOK k// SENIOR CENTER LEASE AMENDMENTS Mayor Todd introduced the proposed amendments to the Senior Center Lease. 353.10 Director Osborne stated that the changes would not adversely affect the 353.11 services that the City originally envisioned providing for the senior citizens. Director Osborne pointed out to the Board the attached changes. Director Osborne further explained that this was a two-year lease with automatic renewal every two years unless notice of termination is given. However, the City does have the option of terminating the lease if the provisions are not adhered to. He further stated that the center would be closed on all city holidays. • - He further noted the change of giving the center notice of breach before terminating the lease. Director Osborne generally covered the proposed changes in the lease. Mayor Todd welcomed Mr. Cecil Steed, Director of EOA, to the meeting. 353.12 Director Henry, seconded by Sharp, moved to approve the agreement. 353.13 Mayor Todd asked about who would be responsible for liability insurance. 353.14 Finance Director Scott Linebaugh informed the Board that the Center would 353.15 be covered under the city's liability insurance, and that the additional cost to cover the center would be a minor amount. Upon roll call the motion passed unanimously.,353.16 RESOLUTION NO. 129A-81 APPEARS ON PAGE 35q OF ORDINANCE & RESOLUTION BOOK A REQUEST/KTVP Mayor Todd introduced a request by KTVP, Channel 29, that the City Board 353.17 authorize a letter in support of KTVP's request concerning the FCC "network nonduplication rule." Director Noland commented that he thought this was anappropriate thing 353.18 for the Board to do. Director Noland, seconded by Henry, moved that this request be approved. 353.19 December 15, 1981 354 354.1 Mr. Cliff Walker, Station Manager for KTVP, addressed the Board. He stated that they were basically asking the City not to try and resolve the issue, but to respond to KTVP that they had provided service to the City of Fayetteville since 1977 and covered news and public affairs of this area, in other words, a letter of recognition of community service. 354.2 Director Osborne stated that he supported this request because KTVP is the only commercial station in Fayetteville. He further stated that if Channel 5 would move their studio to Fayetteville, he would support them in this same manner. 354.3 Mr. Bruce Smith, Station Manager of KTUL-TV Channel 8, addressed the Board and stated his reasons why he felt the Board should not support KTVP in this effort. His reasons included the facts that KTUL was here before KTVP, that KTUL has a permanently based staff and office in Fayetteville, two news features a day coming out of Northwest Arkansas, and the benefits derived from the weather forecasting by KTUL. He further argued the fact that KTUL promotes the northwest Arkansas area, and that the area merchants would be harmed if KTUL advertising was changed. 354.4 Director Noland asked Mr. Smith how the stations had handled this problem in the past and if it were possible for the two stations to coexist. 354.5 Mr. Smith answered that they were able to coexist, but due to the fact that he was unaware of the Board meeting until late, he did not have adequate time to gather the relevant information needed to answer all of the questions. He offered to supply the Board with the necessary information. 354.6 Director Osborne asked Mr. Smith if in fact the question was network programming and not weather programs, etc., of KTUL. 354.7 Mr. Smith replied that Director Osborne was correct. 354.8 Director Henry asked Mr. Smith if the major problem he was concerned about was not being able to charge as much for KTUL advertising because of reduced coverage area. 354.9 Mr. Smith answered that KTUL would not be able to financially justify their work in this area if the advertising to this area was cut off. 354.10 Director Noland pointed out that residents of Fayetteville were more interested in local newscasting than the KTUL Tulsa news information. 354.11 Mr. Smith stated that he felt KTUL was covering as much news in this area as KTVP. 354.12 It was determined that KTUL did have an office in Fayetteville before the rule change allowing them to compete on the cable system. 354.13 Mr. Smith pointed out that he understood the fact that the Board wanted to support the local station, but that KTUL would like to have the Board's support as well and further pointed out the benefits Northwest Arkansas receives from KTUL. 354.13 Director Bumpass made a motion to table the issue until KTUL had time to prepare a proper rebuttal. 354.14 Mr. Cliff Walker formally took exception to several of the comments made by Mr. Smith of KTUL, especially the part where Mr. Smith said that he felt KTUL provided more local coverage to Northwest Arkansas than does KTVP. Mr. Walker further pointed out he was not asking for KTUL to be taken off the channel, only that the FCC rule be reimplemented to be as a special relief to KTVP in the Northwest Arkansas market only. Viewers would not be denied any programming that they have been watching. He further pointed out that the main thing that KTVP was aking for was recognition by the City of Fayetteville of the local channel. 354.15 Director Lancaster seconded the motion to table made by Director Bumpass. 354.16 Director Henry asked Mr. Walker if there was a time constraint. 354.17 Mr. Walker replied that time was a very important factor. 1 1 1 December 15, 1981 . Director Osborne asked what would happen if the Board delayed action on this issue until January 5, 1982. Mr. Walker replied that the letter would probably arrive at the FCC too late. Director Lancaster expressed his feelings about getting this type of an issue at such a late date which hindered being able to make proper decisions. Upon roll call the motion to table passed 4 to 3 with Directors Henry, Noland, and Osborne voting in the minority. 355 355.1 355.2 355.3 BOARD NOMINATING COMMITTEE Director Henry gave the report of the Board Nominating Committee to fill 355.4 the fourth positions on the Parks Board and the Planning Commission. City Hospital Board of Control: Joe B. Hall was reappointed to fill 355.5 O this position which expires January 1, 1986. Q) Energy Advisory Commission: Three positions were open, but there was 355.6 only one applicant - Marion Orton. Marion Orton was reappointed to fill —� this position which expires on January 1, 1984. Parks & Recreation Advisory Board: The terms ending January 1, 1984 will be 355.7 Q filled by William P. Waite, Bill Dill, and Charlie Sego. For the term ending Q January 1, 1983 - Mark Widder. Planning Commission: Three positions ending January 1, 1986 will be 355.8 filled by Mort Gitelman, Newton Hailey, and Melanie Stockdell. For the unexpired term of Joe Wilson ending January 1, 1985 - Barbara Crook was appointed. Director Henry, seconded by Director Osborne, moved to approve the 355.9 nominations. Upon roll call the motion passed unanimously. 355.10 POLICE UNIFORMS Mayor Todd called for discussion on the proposed new police uniforms. Director Sharp informed the Board that he had taken a poll right before the meeting and reported the results. Eleven of the 17 people preferred the present uniforms. Three of the 17 people preferred brown uniforms with the "Smokey the Bear Hat." Three preferred the brown uniforms with the service caps. Director Osborne pointed out that he liked the new hats because they are more functional for the policemen. The old service type hats allow the rain to run off down the policeman's back. The new proposed hats provide more of a shelter against rain and sun. Director Osborne further pointed out that the cost of the hats would be $85 per person which would include a summer hat, winter hat, and a badge. Director Bumpass, seconded by Osborne, moved that this issue be removed to the Police and Fire Committee. Upon roll call the motion passed unanimously. RULES OF ORDER AND PROCEDURE Mayor Todd introduced the new proposed Rules of Order and Procedure. There being no discussion, Director Bumpass, seconded by Henry, moved that the proposed rules be accepted. Upon roll call the motion passed unanimously. 355.11 355.12 355.13 355.14 355.15 355.16 355.17 355.18 355.19 December 15, 1981 356 SALE OF LAND TO SWEPCO 356.1 City Attorney Jim McCord introduced a resolution to authorize the execution of the deed in the sale of land to SWEPCO. SWEPCO said that the original resolution only authorized the sale of the land not the execution of the deed, and they requested an additional resolution authorizing the execution. 356.2 Director Henry, seconded by Bumpass, moved to authorize the resolution. 356.3 Upon roll call the motion passed 6 to 0, Director Lancaster was absent. RESOLUTION N0. 130-81 APPEARS ON PAGE 3(6f OF ORDINANCE & RESOLUTION BOOK )(I/ ART CENTER 356.4 Director Sharp informed the Board that the City of Fayetteville had received the largest grant from the Council of the Arts on the Summer Music Festival in the amount of $5,234. PAY PLAN 356.5 Director Osborne proposed to delay action on the pay plan until January 5, 1982. This was accepted by the Board. MINUTES/FINANCE COtMMITTEE MEETING 356.6 Mayor Todd stated that these were corrections were required. He further copy. useful to keep in the record and no stated that City Hospital should get a MINUTES/ANNUAL BOARD RETREAT 356.7 The minutes of the Annual Board Retreat were approved as submitted. MINUTES/DECEMBER 1, 1981 BOARD MEETING 356.8 Mayor Todd stated that a correction the minutes 356.9 The line should read, "for Eleventh 356.10 The minutes were then approved. should be made in line 342.10 of Street since" not "Seventh." ADJOURNMENT 356.11 There being no further discussion, the meeting adjourned at 10:15. 1