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HomeMy WebLinkAbout1982-10-19 Minutesco N U m Q MINUTES OF A BOARD OF DIRECTORS MEETING 287 A meeting of the Board of Directors was held on Tuesday, October 19, 1982, at 7:30 p.m., in Room 107, of the Continuing Education Center, Fayetteville, Arkansas. PRESENT: Mayor Noland, Directors Todd, Osborne, Sharp, Noland, Bumpass, and Johnson; City Manager Grimes, City Attorney McCord, and City Clerk Kelly; prospective Board Members Marion Orton, Fabian Tompos, and Lewis Johnson; members of the press and audience. ABSENT: Director Lancaster and Assistant City Manager McWethy. CALL TO ORDER Mayor Noland called the meeting to order and asked for a moment of respectful silence. CABLE REVOCATION Mayor Noland introduced to the Board of Directors a request for a hearing on the revocation of Warner/AMEX's franchise in the City of Fayetteville. Mayor Noland added that the City Attorney had presented an outline of his interpretation of the matter in the form of a memoran- dum to the Board (copy of which is attached to these minutes). City Attorney McCord added that he had attempted to narrow those issues to be considered by the Board and mentioned also that this matter had previously been considered by the Ad Hoc Cable Television Committee on October 11, 1982, and that the Committee had decided against any recommendation regarding the matter. City Attorney McCord said these views may not necessarily be the views of Attorney Larry Douglas, attorney for the owners of the Highway Inn and the Chief Motel, and that they may also not be the views of Mr. Lynn Wade, attorney for Warner -AMEX locally. Mr. Larry Douglas addressed the Board and reiterated his views, as previously expressed in a letter addressed to the Board on September 17, 1982. He stated that his clients feel the termination of service is in direct violation of the Warner Cable franchise with the City of Fayetteville. He continued that his clients should not be refused this service, and by this cessation of service Warner is committing a material breach of the franchise. Mr. Douglas stated that the motels currently had service, but with a material breach of benefits, a temporary cessation of benefits, and a re -hook up on conditions which discriminate against motel owners, as opposed to other residents of Fayetteville. Mr. Lynn Wade, local counsel for Warner -AMEX, then addressed the Board and stated that it is Warner Cable's contention that the motels, by the installation of the satellite discs and the use of Warner Cable to bring programming by satellite to individual rooms, were in possible violation of theft of services laws and federal copyright laws. Mr. Wade stated that the service to the motels would again be discontinued if the disc was reinstalled, even if the motels use their own cable to pipe the satellite programming to individual rooms. 287.1 287.2 287.3 287.4 287.5 287.6 287.7 287.8 287.9 2 8 S After further discussion, Director Osborne made a motion that the matter be tabled, in order to allow Attorney Douglas to have 288.1 a period of 30 days to submit a brief, which the City Attorney would review and that the City Attorney then submit his opinion to the Cable Television Committee, and that Attorney Wade be given a period of 20 days to reply to the brief by Larry Douglas. Mayor Noland stated that he felt the legal issues involved were beyond the jurisdiction of the City Board. There was no second to Director Osborne's motion. 288.2 238.3 Director Bumpass asked the City Attorney to reiterate the terms of the nature of a revocation hearing under the franchise, and the attorney stated those terms, as excerpted from the franchise. 238.4 Director Bumpass stated that he agrees with the proponents of the revocation hearing that it is incumbent upon the Warner Cable Company to go to court and prove that the action of the owners of the Highway Inn and the Chief Motel violates laws, rather than Warner Cable administratively terminating service to the subscriber. 288.5 Director Bumpass, seconded by Director Todd, made a motion to revoke the franchise pursuant to the due process requirements of the existing ordinance and agreement. 288.6 In further discussion, he added that he believes that Warner Cable could, in fact, determine to terminate service in the future to other subscribers, for various conditions, not currently contem- plated by the franchise. 288.7 City Attorney McCord pointed out that the motion and second was premised on the grounds for the revocation hearing being the admitted termination of service to the paid subscriber under the facts of the case, and the admission that in all probability service would again be terminated, regardless of the fact that the cable from the disc to the individual television sets would be installed and owned by the subscriber. 288.8 There being no further discussion, the motion to grant the request for the revocation hearing passed by a vote of 4-2, with Directors Osborne and Johnson voting in the minority. SWIMMING POOL/WILSON PARK 288.9 Mayor Noland introduced for consideration by the Board a report from the Swimming Pool Committee, regarding the bids received for the construction of a new swimming pool at Wilson Park. 288.10 Director Osborne, a member of the Swimming Pool Committee, stated that the bids received concerning this project were all extremely high, and he added that the estimate of the engineering firm, McGoodwin, Williams and Yates, which is $850,000, which was lower than the lowest bid received, was too high in itself. He felt that an expenditure of between $200,000-$300,000 should certainly be sufficient to accommodate the number of people who are anticipated to benefit from this pool. 1 1 Director Bumpass raised the possibility of the use of satellite pools throughout the community. He suggested junior olympic pools (approximate dimensions being 82 x 42). He added that the additional cost for land would not be involved, but that they would, of course, require additional personnel to staff them. His suggestion was to renovate the existing pool, and build three other satellite pools in the area, and he added that this could probably be done for approxi- mately the same amount of money suggested by the low bidder. Mayor Noland stated that the idea of satellite pools had been 289.2 considered previously, but that the Board had rejected that idea. He added that at that time the Parks & Recreation Director had felt the idea would not be workable from an operating standpoint. a) Director Bumpass, seconded by Director Todd, made a motion to 289.3 (Y) take the recommendation of the Swimming Pool Committee, and reject ha -all bids on the pool at Wilson Park, and to authorize the Swimming U Pool Committee, members of the City Staff, and members of the Parks Board to review the possibility of renovation of the existing pool m and the bathhouse. a 289 289.1 Upon roll call, the motion passed by a vote of 6-0, with Director 289.4 Lancaster being absent for this vote. REZONING REQUEST - PETITION R82-15 Mayor Noland stated that Petitioner J.B. Hays is requesting a change in rezoning of a 0.43 parcel located on the east side of Leverett Avenue between Berry and Eagle Streets, from R-3 "High Density Residential" to C-1 "Neighborhood Commercial." Mayor Noland stated that the recommendation from the Planning Commission, as a result of a hearing on September 27, 1982, was to recommend the parcel be changed to R-0 "Residential -Office," because the location is not consistent with the General Land Use Plan recommendations, and additional commercial zoning at the requested location could lead to the eventual commercialization of Leverett Avenue. In discussion, the Board agreed to follow the recommendation of the Planning Commission and rezone the parcel to R-0. City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Mayor Noland, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed unanimously, and the City Attorney read the ordinance for the second time. Director Osborne, seconded by Director Bumpass, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed unanimously, and the City Attorney read the ordinance for the final time. Upon roll call, the ordinance passed by a vote of 6-0, with Director Lancaster being absent for this vote. ORDINANCE N0. 2865 APPEARS ON PAGE /73 OF ORDINANCE & RESOLUTION BOOK I 2894 289.6 289.7 289.8 289.9 290 ORDINANCE AMENDING THE MASTER STREET PLAN Mayor Noland introduced to the Board an ordinance amending the 290.1 Master Street Plan of the City of Fayetteville to reflect a north - south collector street between Zion Road and Stearns Road/Joyce Street. 290.2 290.3 290.4 City Attorney McCord read the ordinance for the first time. Director Osoborne, seconded by Mayor Noland, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed unanimously, and the City Attorney read the ordinance for the second time. Director Osborne, seconded by Director Todd, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed unanimously, and the City Attorney read the ordinance for the final time. Mayor Noland then added that this was considered at a meeting of the Planning Commission held on September 27, 1982, and had been recommended for Board approval by a vote of 7-0. Upon roll call, the ordinance passed by a vote of 5-0, with Director Lancaster and Director Bumpass being absent for this vote. ORDINANCE NO. 2866 APPEARS ON PAGE /76 OF ORDINANCE & RESOLUTION BOOK X0(( REZONING APPEAL 290.5 Mayor Noland introduced an appeal by petitioners, Floyd Gabbard, George Holzwarth, and Charles George, for a rezoning of a parcel located on the north side of Highway 62 West, between Lewis and Sang Avenues. 290.6 290.7 The petitioners, represented by Attorney Truman Yancey, requested the parcel be rezoned from R-2 "Medium Density Residential" to C-2 "Thoroughfare Commercial." Mr. Yancey addressed the Board and stated that the recommended rezoning to R-0 is to serve as a buffer and the petitioners feel that that doesn't recognize that the area has long passed any possi- bility of protecting the south edge of the residential area from the commercial and industrial activity along Highway 62. He added that to the north of the property in question, between Highway 62 and Mitchell Street, there is a rise in elevation which is of sufficient height that points from there on to the north are not visible from the highway. He added that the widening of Highway 62 has reduced the desirability of single family residences along that highway, and in one instance there is a concrete abutment holding up the right-of-way curbing to the street, which he feels leaves this area undesirable as a residential area. He added that under a zoning of R-0, which was recommended by the Planning Commission, the logical possibility would be that office buildings would be placed in this area, but Mr. Yancey feels that the reasons he has given prove this is not reasonable. He continued that there are only five lots in this 1 1 area north of the Highway, between Razorback Road and the Highway 71 Bypass, which are not zoned C-2 "Thoroughfare Commercial," while all of the same area south of Highway 62 is either zoned C-2 "Thoroughfare Commercial" or "Industrial." He stated that commercial stripping of the highway has already occurred. He concluded that these petitioners are requesting to use their property in the same way as the rest of the property along this stretch of the highway is presently being used. Mr. Yancey added that the owners would like to have available for their use the zoning units of C-2, 15 - Shopping; 16 - Shopping Goods, and 17 - Trades and Services, which is the general development of both sides of this highway between Razorback Road and the Highway 71 Bypass. He requested that the Board overrule the Planning CO Commission and grant the rezoning to C-2. CO Director Osborne, seconded by Director Bumpass, made a motion to rezone the parcel C-2, in order to allow the use of the peti- tioners' land in conformity with the surrounding land uses. QMayor Noland voiced his disagreement in that he feels the rezoning of this parcel to C-2 will add to the traffic problem and safety in that area. After questions and discussion, the City Attorney read the ordinance for the first time. Director Osborne, seconded by Director Bumpass, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed unanimously, and the City Attorney read the ordinance for the second time. Director Osborne, seconded by Director Bumpass, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed unanimously, and the City Attorney read the ordinance for the final time. Upon roll call, the ordinance vote resulted in a tie_vote of 3-3, with Directors Sharp, Todd and Noland voting against the ordinance. This matter was tabled until November z, 1982. CLEAR CREEK ANNEXATION REPORT The matter of removing the Clear Creek Subdivision from those areas proposed for placement on the annexation proposal in the November 2nd ballot was further discussed. This matter had been left on third reading of the ordinance at the October 5, 1982 meeting of the Board. Director Osborne stated that City Manager Don Grimes had been asked to meet with Mayor Charles McKinney of Springdale, in an attempt to reach a mutually acceptable agreement on this matter. However, Director Osborne, after having received the City Manager's concurrence, met with Mayor McKinney, a personal friend, and the result of that meeting is that Springdale has very strong feelings about the matter, and there is also continued concern that the build up of Clear Creek Subdivisions may contaminate Lake Fayetteville. Director Osborne added that he doesn't want to place developers and landowners in a situation which might constitute problems for them in the future. 291 291.1 291.2 291.3 291.4 291.5 291.6 291.7 291.8 291.9 City Attorney McCord then read the ordinance for the final time. 291.10 Upon roll call, the ordinance passed by a vote of 6-0, with Director Lancaster being absent for this vote. 292 ORDINANCE NO. 2868 APPEARS ON PAGE al OF ORDINANCE & RESOLUTION BOOK XIII 292.1 R & P ELECTROPLATING/DISCUSSION OF RESULTS OF SAMPLING OF SEWAGE DISCHARGE Dan Elliott and Kenneth Pummill of R & P Electroplating spoke to the Board. 292.2 Mr. Elliott stated that he was distributing to the Board a breakdown of the metal loading experienced by R & P Electroplating during the course of the four-week period of sample taking from the service line of R & P Electroplating, and the handout he distributed also showed comparison figures of the study done by Dr. Parker in 1980, the most recent R & P study, and the requirements by City Ordinance, as well as EPA requirements. 292.3 Mr. Elliott stated that R & P had been in the process of trying to obtain financing for a pre-treatment facility since the company had been before the Board at their meeting of September 7, 1982, and Mr. Elliott stated that his company is fairly certain of obtaining financing through the First Arkansas Development Corporation of Little Rock. He added that before FADC can lend money, it has to have the assurance that those banks would not lend the money. In that they had been informed by local banks that those banks could not lend the money, they had the assurance to deal with FADC. 292.4 The company representatives said they were anxious to get the pre-treatment equipment installed, and appreciated the tolerance the City had exhibited while the company is seeking financing to help them meet the City's standards. 292.5 It was determined that the City Manager and his staff would work with the firm for a new deadline selection of six to eight months from this date, which would mean the firm was to be in compliance with the City's ordinance by approximately May, 1983. BID AWARD 292.6 Mayor Noland introduced a resolution authorizing the approval of a bid for construction of an airplane apron and taxiway on the east side of Fayetteville Airport, to the low (and only) bidder, McClinton -Anchor, Division of APAC-Arkansas, Inc. The Board Airport Committee had recommended this approval at their meeting of October 11, 1982. 292.7 Director Johnson, seconded by Director Osborne, made a motion to award the bid to McClinton -Anchor. 292.8 Upon roll call, the motion passed by a vote of 6-0, with Director Lancaster being absent for the vote. RESOLUTION NO. 131-82 APPEARS ON PAGE AO OF ORDINANCE & RESOLUTION BOOK XV 1 1 AGREEMENT FOR SNOW REMOVAL - DRAKE FIELD Mayor Noland introduced a resolution authorizing the Mayor and the City Clerk to execute an agreement with McClinton -Anchor Division of APAC-Arkansas, Inc., for snow removal contract services at the Fayetteville Airport. The terms of the agreement run to May, 1983, and the agreement provides for an hourly rate, depending on the equipment used, which rate varies between $30 and $55, plus 20% for accounting and overhead. The Board Airport Committee recommended approval of this contract at their meeting of October 11, 1982. Ede Hogue, Airport Manager, stated to the Board that the amount 293.3 expended during the last year for snow removal was $900.00 to McClinton -Anchor, and she added that the company had performed their CO CO service in a very satisfactory manner. 0 Director Bumpass, seconded by Director Johnson, made a motion to 293.4 authorize the execution of this resolution and agreement with McClinton - Q Anchor. Upon roll call, the motion passed by a vote of 6-0, with Director Lancaster being absent for this vote. RESOLUTION NO. 124-82 APPEARS ON PAGE /HD OF ORDINANCE & RESOLUTION BOOK XV 293 293.1 293.2 1 AGREEMENT FOR ENGINEERING SERVICES/ACCESS ROAD AT DRAKE FIELD Mayor Noland introduced a resolution authorizing the Mayor and the City Clerk to execute an agreement with McClelland Consulting Engineers, for engineering services regarding site work and construc- tion of an access road to serve the east side of Drake Field. The total engineering fee being proposed is $19,625. The Board Airport Committee recommended approval of this contract at their meeting of October 11, 1982. Director Osborne, seconded by Mayor Noland, made a motion to authorize the execution of this resolution and agreement with McClelland Consulting Engineers. Upon roll call, the motion passed by a vote of 6-0, with Director 293.9 Lancaster being absent for this vote. RESOLUTION NO 125-82 APPEARS ON PAGE I*.3 OF ORDINANCE & RESOLUTION BOOK XV AGREEMENT FOR DRAINAGE AND PAVEMENT IMPROVEMENTS/DRAKE FIELD Mayor Noland introduced a resolution authorizing the Mayor and the City Clerk to execute an agreement with McClelland Consulting Engineers, for drainage and pavement improvements on the west side of Drake Field, in the area between Caudle Air Freight, and the fire station. 293.5 293.6 293.7 293.8 293.10 294 The proposed engineering fee is $950, with an additional charge for construction supervision and materials testing, if desired. The 294.1 Board Airport Committee recommended approval of this contract at their October 11, 1982 meeting. 294.2 Director Osborne, seconded by Mayor Noland, made a motion to authorize the execution of this resolution and agreement with McClelland Consulting Engineers. 294.3 Upon roll call, the notion passed by a vote of 6-0, with Director Lancaster being absent for this vote. RESOLUTION NO. 126-82 APPEARS ON PAGE 158 OF ORDINANCE & RESOLUTION BOOK )(V OVERSIZING AGREEMENT/HAMESTRING CREEK ADDITION 294.4 Mayor Noland introduced for Board approval a request by the City Engineer, Don Bunn, for a resolution authorizing the Mayor and the City Clerk to execute a water line oversizing agreement with the developer of Hamestring Creek Addition, Mr. Lester Longwith. 294.5 This was recommended by the City Engineer in order to afford the City the benefit of installation of 6" lines now, rather than 3" lines, to provide for extra capacity at a later date. 294.6 294.7 Director Todd, seconded by Director Osborne, made a motion to authorize the execution of this resolution and agreement with Mr. Lester Longwith. Upon roll call, the motion passed 6-0, with Director Lancaster being absent for this vote. RESOLUTION NO. 127-82 APPEARS ON PAGE 1'71 OF ORDINANCE & RESOLUTION BOOK XV CHANGE ORDER/CONTRACT WITH KRAUS CONSTRUCTION COMPANY (FARMINGTON WATER LINES) . 294.8 This change order, in the amount of $2,298.20, refers to a contract originally executed on June 24, 1982, between the City of Fayetteville and Kraus Construction of Ft. Smith, for water line relocation. It was determined that blow -offs on dead-end lines should be installed to comply with Arkansas Health Department requirements. 294.9 294.10 Director Osborne, seconded by Mayor Noland, made a motion to approve the above -referenced change order. Upon roll call, the motion passed 6-0, with Director Lancaster being absent for this vote. RESOLUTION NO. 128-82 APPEARS ON PAGE 178 OF ORDINANCE & RESOLUTION BOOK XV 1 1 1 WORKSPACE PARTITIONS/INTERIM CITY HALL City Manager Grimes referred the Board to a memorandum prepared at the request of the Board by Scott Linebaugh, Finance Director, indicating various solutions to the problem of noise and close quarters at the Interim City Hall. In that the only available partitions were extremely high in cost, it was determined to attempt to alleviate the situation by the use of acoustical tiling and other acoustical material. Upon roll call, this motion was approved by a vote of 6-0, with Director Lancaster being absent for this vote. GRANT APPLICATION/GREATHOUSE PARK Mayor Noland introduced a resolution authorizing retroactive approval of a grant application in the amount of $5,000, to the Levi Strauss Foundation for funding to purchase basketball and volleyball courts, playground equipment, a rail fence, and a bridge for Greathouse Park. There being no further discussion, Director Osborne, seconded by Mayor Noland, made a motion to retroactively approve the grant application. Upon roll call, the motion being absent for this vote. RESOLUTION NO. 129-82 APPEARS ON BOOK XV passed 6-0, with Director Lancaster PAGE /8I OF ORDINANCE & RESOLUTION AMENDMENT TO HMR TAX ORDINANCE Mayor Noland introduced an amendment to the HMR Tax Ordinance, regarding the deadline for remitting hotel/motel/restaurant taxes and the setting of penalties concerning violation of that tax ordinance. 295 295.1 295.2 295.3 295.4 295.5 295.6 295.7 City Attorney McCord stated that the amendment had been requested 295.8 by City Prosecutor Terry Jones, who has had continual difficulty obtaining convictions in Municipal Court under the current ordinance. The amendment provides that HMR taxes must be remitted to the City by the 20th of each month, and that violations, upon conviction, will be fined not more than $500 or double that sum for each repeti- tion. City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Director Bumpass, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed unanimously, and the City Attorney read the ordinance for the second time. Director Todd, seconded by Director Osborne, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed unanimously, and the City Attorney read the ordinance for the final time. 295.9 295.10 29(c Upon roll call, the ordinance passed 6-0, with Director 296 1 Lancaster being absent for this vote. ORDINANCE N0. 2869 APPEARS ON PAGE N3 OF ORDINANCE & RESOLUTION BOOK XIII CONTRACT FOR REPAIR OF FLOOD -DAMAGED STREETS 296.2 Mayor Noland introduced a resolution authorizing the Mayor and the City Clerk to execute an agreement with McClinton -Anchor for repair work to flood -damaged streets at the intersections of Elizabeth and Hilldale and Elizabeth and Meadowcliff, for a total cost of $48,527.54. 296.3 There being no further discussion, Director Bumpass, seconded by Director Johnson, made a motion to authorize the execution of this resolution and agreement with McClinton -Anchor. 296.4 Upon roll call, the resolution passed by a vote of 6-0, with Director Lancaster being absent for this vote. RESOLUTION NO. 130-82 APPEARS ON PAGE /81 OF ORDINANCE & RESOLUTION BOOK XV 296.5 AGREEMENT WITH MILHOLLAND AND ASSOCIATES/ENGINEERING WORK/FLOOD DAMAGED STREETS Mayor Noland introduced a resolution authorizing the Mayor and the City Clerk to execute an agreement for engineering services with Milholland and Associates, for engineering work in connection with repairs to four flood -damaged streets. These streets are Township Road from Jane Street; Trust Street; Old Wire Road bridge east of Highway 265; and Old Missouri Road, north of Stubblefield Road intersection. 296.6 296.7 Mayor Noland, seconded by Director Johnson, made a motion to approve the authorization of this resolution and agreement. Upon roll call, the motion passed by a vote of 6-0, with Director Lancaster being absent for this vote. RESOLUTION N0. 132-82 APPEARS ON PAGE oll1 OF ORDINANCE & RESOLUTION BOOK XV OTHER BUSINESS Meeting 296.8 A meeting of the Finance Committee was scheduled for October 26, 1982, at 3:30 p.m., to discuss various matters, including the parking situation at the Hilton Hotel. 1 1 o ('r) N U m 1 Halloween There was some discussion among the Board members about a 297.1 possible recommendation on the appropriate day to celebrate Halloween in the City of Fayetteville. Mayor Noland added that he had received a form of "resolution" from a class of children at Washington School, requesting the celebration be designated for Friday, so that the could have the entire weekend to enjoy it. There was also some discussion that Friday would be a conflict in that there are scheduled carnivals that evening, as aell as high school football. Mayor Noland, seconded by 297.2 Director Osborne, made a motion to recommend celebration on Saturday, October 30, in the City of Fayetteville. Upon roll call; the motion , passed by a vote of 6-0. 297 Parking Lot - Southside City Manager Grimes referred to an item which was on the Agenda of the meeting of the Board which took place on October 5, 1982, regarding the surfacing of the parking lot bounded by Block and East Avenues and Rock Street on the south. Mr. Grimes stated that the one row of long-term meter parking would now be included in the rows of gated parking, for a total of three gated rows. Future Acquisition of T-Hangars/Drake Field Airport Manager, Ede Hogue, addressed the Board, regarding the request by the Airport Committee of the City to determine whether the City could issue and sell $60,000 in airport revenue bonds to finance the acquisition of three T -hangars. Mrs. Hogue stated that she had been approached by three individuals who wished to rent these hangars. After some discussion on this prospect, it was determined that the City Attorney would work with the Airport Manager to coordinate a type of financial package to present to prospective lessees of the proposed hangars, and this financial package would indicate anticipated rental costs, etc. 297.3 297.4 297.5 297.6 MINUTES The minutes of the Board of Directors meeting held on October 5, 297.7 1982 were approved as submitted. ADJOURNMENT There being no further discussion, the meeting adjourned at 11:15 p.m. 297.8 TO FROM : DATE : RE Fayetteville Board of James N. McCord, City October 19, 1982 Request of Hi -Way Inn Fayetteville Board of hearing on revocation Television Franchise Directors Attorney and Chief Motel that Directors schedule a of Warner AMEX Cable The request of Hi -Way Inn and Chief Motel that the Fayetteville Board of Directors schedule a hearing on revoking the cable television franchise held by Warner AMEX originates from the fact that Warner terminated cable television service after the motels installed and began operating satellite discs to provide satellite programing to their room guests. Originally, the motels utilized cable and equipment originally installed by Warner. Such use was one fact relied upon by Warner as justification for terminating service. Legal counsel for the Hi -Way Inn and Chief Motel has today advised me that the motels intend to install their own cable from the satellite discs to the television sets located in the guest rooms and other areas of the motels. Local counsel for Warner AMEX has indicated that, in all probability, such installation will not result in the company withdrawing its objection to the use of satellite discs by motel or hotel cable television subscribers for the purpose of providing their guests and patrons with pay satellite television programing free of charge. The request for a revocation hearing, and Warner's response thereto, raise legal issues, such as copyright infringement, which must be resolved by the courts and are beyond the jurisdiction of the City Board. In responding to the revocation request, the Board of Directors should not address these unresolved and complex legal issues. The Board should consider the provisions of the existing franchise. The franchise ordinance (Ordinance No. 1808, as amended) does not specifically address the issue of whether the company is required to provide basic cable television services to a motel subscriber who has erected a satellite disc for the purpose of providing pay satellite programing to motel guests free of charge. Sec. 6 of the franchise provides that the company shall render service in accordance with rules and regulations as are or may be set forth by the Board of Directors as provided in Sec. 12. Sec. 12(1) provides that the City reserves the right to adopt, in addition to the provisions of the franchise ordinance, such additional regulations as it shall find necessary in the exercise of the police power, provided that such regulations shall be reasonable, not in conflict with the rights granted by the franchise, and not in conflict with state or federal law. Sec. 4 provides that the company shall, at all times during the life of the franchise, be subject to all lawful exercise of the police power by the City, and to such reasonable regulation as the City shall by resolution or ordinance provide. The question then becomes whether it would be "reasonable" or "necessary in the exercise of the police power", and "not in conflict with the rights granted" (by the franchise), for the Board of Directors to adopt a regulation requiring Warner AMEX to provide basic cable television services to a motel subscriber who has installed a satellite disc (using cable and equipment purchased by the motel) for the purpose of providing pay satellite programing to hotel guests free of charge. cc: Mr. Don Grimes n