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HomeMy WebLinkAbout1993-06-15 MinutesMINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville June 15, 1993, at 6:30 p.m. Administration Building, 113 W. City Council was held on Tuesday, in the Council Room of the City Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Fred Vorsanger, Len Edens, Heather Daniel, Stephen Miller, Kit Williams, Conrad Odom, and Woody Bassett; City Attorney Jerry Rose; City Clerk Sherry Thomas; City Treasurer Glyndon Bunton; Administrative Services Director Ben Mayes; Planning Management Director Alett Little; Public Works Director Kevin Crosson; members of staff, press, and audience. ABSENT: Alderman Joan Chapman CALL TO ORDER Mayor Hanna present. called the meeting to order with seven aldermen ALDERMAN JOAN DUC CHAPMAN Mayor Hanna stated Alderman Chapman was unable to attend this meeting because of illness. She has expressed her joy in being'a member of this City Council. The Mayor made a presentation to Alderman Chapman for her service on the City Council. Job Serberov was present to accept for Alderman Chapman. Serberov stated Alderman Chapman was watching on television, and she wanted him to express her appreciation to the members of staff, City Attorney Jerry Rose, Mayor Hanna, and her fellow aldermen. CITY COUNCIL MEMBER APPOINTMENT Mayor Hanna stated there were five applicants to fill the position being vacated by Alderman Chapman, Ward 4, Position 1. He introduced each applicant and allowed the City Council to ask questions. JOE BOX Mayor Hanna stated Joe Box was employed by Tangent Computers and has previously worked for First National Bank of Fayetteville and Sears. Box is an active member of the Young Democrats and has lived in Fayetteville for 8 years. Alderman Miller asked Mr. Box his views on environmental issues. Mr. Box because success want to stated everyone has to be concerned with the environment it affects everyone. He stated he felt the measure of in serving the City of Fayetteville will be if his children live in raise their children in this area. Alderman Miller asked if he was a graduate of the University of Arkansas. Mr. Box stated he had not yet completed his degree. ANDY DAVIS • Mayor Hanna stated Andy Davis was a candidate in November, 1992 for this position. Alderman Miller asked Mr. Davis if he: was a Fayetteville resident or was he just here to go to school. Mr. Davis stated he was a resident and had moved here because he liked the area. Mayor Hanna stated Mr. Davis is working on his nursing degree and is a student at the University of Arkansas working toward his health science degree. WILSON KIMBROUGH Mayor Hanna stated Mr. Kimbrough is currently a member of the Washington County Quorum Court and a long time resident of the area. Alderman Williams asked why Mr. Kimbrough would rather be on the City Council instead of the Quorum Court. Mr. Kimbrough stated he did not really see this as an alternative decision. He stated he would like tobe on the City Council because people have asked him to serve, and he has served the people in Ward 4 for about 10 years via his position on the Quorum Court. He feels he may be better able to serve the Ward 4 people through the City Council rather than the Quorum Court. Mayor Hanna stated Mr. Kimbrough was a member of the University of Arkansas faculty for years and is not a professor emeritus. DENNIS SMITH Mayor Hanna stated Mr. Smith is a realtor with Re -Max and has been interested in city affairs for some time. Alderman Miller stated he was very environmentally conscious. He asked Mr. Smith how he would handle this because he will not be able to lobby the Council with his real estate business dealings. Dennis Smith stated he too was very environmentally conscious. He would like to see the tree ordinance become more stringent. He did not feel his business dealings would cause a conflict with city business. Alderman Vorsanger asked Mr. Smith where he lived. Mr. Smith stated he lives off Highway 71 adjacent to the Bishop Addition behind Wal Mart. June 15, 1993 Tx Trumbo Mayor Hanna stated Tx Trumbo was unable to attend because of a recent death in his family. Mr. Trumbo is a native of Fayetteville and a graduate of the University of Arkansas with a bachelors and a masters degree. He ran for election for this position in November. All of the aldermen expressed their appreciation to Alderman Chapman for her service on the City Council and expressed their best wishes for a speedy recovery. OLD BUSINESS Items that have been brought before the Council but were tabled or no decision made to allow further information to be presented. A. Consideration of a resolution awarding the bid for the sale of City property located at 226 N. School, the old Ozark Mountain Sports Building. City Attorney Jerry Rose stated on March 25, 1993, the City held an auction for property located at 226 N. School, known as the Ozark Mountain Sports Building. The advertised bid stated the minimum bid was $15,000 and any bid was expressly contingent upon City Council approval. Tim Klinger was the high bidder with a bid of $21,100. The Mayor and city staff are recommending against accepting the bid which is about 1/2 or less of the fair appraised value. Mayor Hanna stated he had received a 5 page letter from Mr. Hickson who represents Mr. Klinger. He found the letter to be offensive, and his opinion has not changed. Tim Klinger stated he has been a resident of Fayetteville since 1973 and in business since 1976. He stated the auction ad stated a minimum bid of $15,000 was required or the City could cancel if there were not at least 6 people to participate in the auction. He felt it was clear at the time that the City did have the right to reject any and all bids. He stated he did not think there was any one in the room who thought the City would reject a bid over the minimum of $15,000. No one asked how the $15,000 figure was computed. There were 30-40 bids offered, and they went up in increments of about $100 each. He made the final bid of $21,100, and no one made a higher bid. The $21,100 is 40% higher than the minimum bid amount of $15,000. He stated he had been congratulated by a representative of the City. He signed an offer and acceptance and gave the City a $1,000 check. The City representative gave him the keys to the building. He understood from the ad that the City did reserve the right to refuse the bids, but he did not believe they could reject the bid because it was not high enough over the minimum bid. He stated the ad specified a "minimum bid" not an June 15, 1993:. xf 1 aa �� 157 "opening bid." He believes everyone present thought that if only $15,000 were bid, the building would be sold. He stated he has several statements from people in attendance at the auction, including the owner of the Rock Bottom Book Store, Mark Sugg, and Greg House, who stated they thought the building was sold, and felt anything above $15,000 would meet the requirements of the ad. Mayor Hanna stated he was sorry about the misunderstanding on the part of Mr. Klinger. Mayor Hanna stated the City Council has to make the final decision. He would not be doing his job if he let the property go for $21,100 when it is worth much more. Alderman Bassett asked -if he understood the materials correctly that there was about 13,000 .more square feet of land when the City purchased the property. Kevin Crosson stated that was true. He stated the amount auctioned was 42,000 square feet of building and 6,600 square feet of land which lies behind the building. Alderman Bassett asked what was.the appraised value of the building and the remaining land. Crosson stated the appraisal was $51,200. Alderman Williams asked why did the City select the minimum bid amount. of only $15,000. Mayor Hanna stated this was just an arbitrary figure at which to startto eliminate the bidding time associated with starting too low. ,a Alderman Miller stated he does not know much about auctions,but he feels the $15,000 minimum bid was probably a mistake. If he had given $1,000 and received the keys, it would seem to him the City accepted the bid. He asked City Attorney Rose if the City was on shaky ground. City Attorney Rose stated he did not feel the City was on shaky ground. The bid announcement and the offer and acceptance both stated there was no acceptance of the bid until the City Council accepted the bid. Tim Klinger stated the onlyappraisal on the property was from 1990 when the whole parcel was appraised. He stated there is no way to pro -rate that appraisal for a portion of the land. In addition, the structure is in bad need of major repairs. /The 1990 appraisal had stated the inside of the structure was of no value. Kevin Crosson stated the appraisal had stated the floor cover was bad, not the flooring system, like the paneling and not the interior walls. The building does have some incredible problems, but it_does•have a value. .Bert Rakes, City Land Agent/Building Inspector, stated the 1990 appraisal was used as/a reference.. There have been two things that have happened since 1990 --property values have increased and there has been vandalism to the building. He stated the true indication June 15, 1993 of the value of property is what a buyer is willing to pay. The purpose of the auction was to see if the City could sell the property and about what amount was offered, or the City could decide to use the property for some other purpose. Alderman Williams asked why staff was saying the $21,100 was too low if we did not know the value of the property. Alderman Bassett asked if it was his impression at the end of the auction that everyone in the room thought the Klinger's had bought the property, and it was a done deal. Rakes stated there was no doubt who the high bidder was; he was congratulated by those present; and he was probably perceived by some that he had purchased the property. Alderman Daniel stated maybe the City paid too much for the property to start with. Mayor Hanna stated a 2400 square foot building close to this building sold for $200,000 a couple of weeks ago. The DeLux building recently sold for $250,000. Alderman Bassett stated he supports the Mayor's efforts to save the City money. He would like City staff to try and keep this type of situation from happening again. He agrees with City Attorney Rose that the City is okay legally. However, he feels this may fall under the "do right rule" regarding being fair. He feels in the long run, the City will come out better by approving the sale rather than trying to get more money for this particular piece of property. Bassett, seconded by Odom, made a motion to approve the sale of the Osark Mountain Sports Building to Tim Klinger. Odom stated the City does not have auctions very often, and he agrees with Alderman Bassett about the "do right rule." The auction was publicized, and the bidders were acting in good faith. Alderman Miller stated he does not know much about auctions either, but he feels the minimum bid in the ad should have been $35,000 to $40,000 if the City wanted $60,000 for the property. He feels Mayor Hanna is doing a wonderful job, but the "do right rule" should be used here. Alderman Williams agreed and stated as representatives of the City, the Council has to be sure they are dealing fairly. He feels the sale should be approved because the City representatives did not know what the building was worth, and Mr. Klinger plans to restore this building. He feels in the long run, the City will benefit from this transaction. June 15, 1993., Upon roll .call, -the motion passed by a vote of 6 to 1, with Alderman Edens voting no. RESOLUTION 60 -93 -AS RECORDED IN THE CITY CLERK'S OFFICE CONSENT AGENDA Consideration of items which may be approved by motion, or contracts and leases which can be approved by resolution, and which may be. grouped together and approved simultaneously under a "Consent Agenda": As- Minutes of the June 1,-1993 regular City Council meeting. B. A resolution awarding. Bid 93-24 for a Heavy Duty Cab and Chassis for $85,330.07 to Shipley Motor Equipment Company and approving the sale of Unit #709 for $4,500 to Bucy Equipment Company. Shipley was the lowest bidder meeting bid specifications. This cab and chassis will be replacing an existing unit, and the rear loader sanitation body will be removed from the old unit and mounted on the new unit. RESOLUTION 61-93 AS RECORDED IN THE CITY CLERK'S OFFICE C.> A resolution awarding Bid 93-22 for a Self- Propelled Milling machine for $142,483.50 to Aces, Inc. Aces was the lowest bidder meeting bid specifications. This equipment will be used by the Street Department in -the in- house overlay program. 1 RESOLUTION 62-93 AS RECORDED IN THE CITY CLERK'S OFFICE. D. A resolution awarding Bid 93-23 to Williams Ford Tractor for 2 Ford Model 575D Tractor/Backhoe/Loaders at $46,490 each less .trade -allowance of -$14,000 for Unit #603 and.of-$19,900 for Unit #613, for a total net amount of $58,980. + A,. The ADR Committee recommends this purchase.. of replacement' equipment. RESOLUTION 63-93 AS RECORDED IN THE CITY CLERK'S OFFICE Vorsanger,.seconded by Edens,made a motion to approve the consent agenda.. Upon roll call, the motion passed by a vote of 7 to 0. YOUTH CENTER BUS • Mayor Hanna introduced consideration of an .ordinance -waiving the requirements of competitive bidding for the purchase of a used bus June 15, 1993 for an amount not to exceed $26,500, and approval of a budget adjustment. The ADR Committee recommends this purchase of a bus that will carry from 22 to 32 passengers and will replace the 1976 Chevy Van the Youth Center is currently using. The bid waiver will allow the selection committee to locate a used bus that will meet the needs of the Youth Center. The budget adjustment will reallocate funds from within the budgeting- category for the purpose of this purchase. i City Attorney Jerry Rose read the ordinance for the first time. Williams, seconded by Miller, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 to 0. The City Attorney read the ordinance for the second time. Miller, seconded by Edens, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 7 to 0. City Attorney Rose read the ordinance for the third time. Alderman Miller stated the 1976 Chevy van currently in use is in very bad shape. The Council ADR Committee recommends the new bus. Alderman Odom asked if a replacement bus had been found. Bill Oestreich stated he had located one in Anaheim, California, and the dealer will deliver the bus to the City. Alderman Daniel asked what a new bus would cost. Oestreich stated a new bus would cost in excess of $50,000. Alderman Edens stated the new vehicle is a diesel unit and will be more fuel efficient as well as safer in case of an accident because the diesel fuel is not nearly as flammable as gasoline. Upon roll call, the ordinance passed by a vote of 7 to 0. Upon roll call, the emergency clause vas approved by a vote of 7 to 0. ORDINANCE 3709 APPEARS ON PAGE /38 OF ORDINANCE BOOK XXVI REZONE R93-23. R93-24. & R93-25 Mayor Hanna introduced consideration of an ordinance rezoning 4.90 acres from A-1, Agricultural, to R -O, Residential Office as submitted by Harry Gray on behalf of Spencer Albright; an ordinance rezoning 9.16 acres from A-1, Agricultural, to C-1, Neighborhood Commercial, as submitted by Harry Gray on behalf of Spencer Albright; and an ordinance rezoning .45 acres from R -O, Residential Office, to C-1, Neighborhood Commercial, as requested by Harry Gray on behalf of Warren Taylor and Peter & Clair Gunn. All three properties are located on the north side of Joyce and west of June 15, 1993. Crossover Road.. The Planning Commission voted 7-1-0 to recommend the rezonings. City Attorney Jerry Rose read the ordinance for R93-23 for the first time. Williams, seconded by Miller, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 to 0. The City Attorney read the ordinance for the second time. Miller, seconded by Odom, 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 0. City Attorney Rose read the ordinance for the third time. Alett Little stated the three parcels are being handled in one lump here because they are all one contiguous piece of land. She stated rezoning -to commercial was consistent with the surrounding property. Alderman Daniel asked if there were plans to improve the intersection at Crossover and Joyce. Little stated Joyce Boulevard is in the Capital Improvements Program and will be widened to 4 lanes. - Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3710 APPEARS ON PAGE S�yI OF ORDINANCE BOOR A X V( City Attorney Jerry Rose read the ordinance. for R93-24 for the first time. Miller, 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 7 to 0. The City Attorney, read the ordinance for the second time. Odom, seconded by Daniel, 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 0. City Attorney Rose read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3711 APPEARS ON PAGE TY3 OF ORDINANCE BOOR XXV( City Attorney Jerry Rose read the ordinance for R93-25 for the first time. Miller, 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 7 to 0. The City Attorney. read the ordinance for the second time. Odom, seconded._by Vorsanger, made a motion to further suspend the rules and placethe ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 7 to 0. City Attorney Rose read the ordinance for the third time. June 15, 1993 Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3712 APPEARS ON PAGE '/V OF ORDINANCE BOOK X XVI REZONE R93-26 and R93-27 Mayor Hanna introduced consideration of an ordinance rezoning .542 acres from A-1, Agricultural, to C-2, Thoroughfare Commercial, and an ordinance rezoning .335 acres from A-1, Agricultural, to R-1, Low Density Residential, as requested by Dave Jorgensen on behalf of Bill Lazenby. The properties are located on the north side of West 6th Street and on the south side of Old Farmington Road and west of Sandra. The Planning Commission voted 8-0-0 to recommend the rezonings. City Attorney Jerry Rose read the ordinance for R93-26 for the first time. Miller, 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 7 to 0. The City Attorney read the ordinance for the second time. Odom, 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 0. City Attorney Rose read the ordinance for the third time. Alderman Miller stated both of these properties are small lots, but he requests the developer leave a couple of trees. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3713 APPEARS ON PAGE 1/91 OF ORDINANCE BOOK XX VI City Attorney Jerry Rose read the ordinance for R93-27 for the first time. Miller, 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 7 to 0. The City Attorney read the ordinance for the second time. Odom, 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 0. City Attorney Rose read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3714 APPEARS ON PAGE 441 OF ORDINANCE BOOK X X VI ALLEY VACATION V93-6 Mayor Hanna introduced consideration of an ordinance vacating an east -west alley located north of Gunter Avenue and south of Johnson Avenue between blocks 9 and 10 in the Gunter Addition as submitted by Joel Sillavan and Cecil Black. The Planning Commission voted 8- June 15, 1993. 0-0 to recommend the vacation subject to the retention of a utility easement over the entire area being vacated. Alett Little stated this is not functioning as any type of passage way. Alderman Odom asked if the alley had been platted years ago but just not used. Little stated it had probably :been used when deliveries of milk, butter, etc.,were made to the homes. City Attorney Jerry Rose read the ordinance for the first time. Odom, seconded by Vorsanger, 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 0. The City Attorney read the ordinance for the second time. Miller, 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 0. City Attorney Rose read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3715 APPEARS ON PAGE YS/ ZONING ORDINANCE OF ORDINANCE BOOR X X V 1 Mayor Hanna introduced consideration of an ordinance amending the Zoning Ordinance to change the size requirement for notification signs to be posted for rezonings, variances, and conditional :uses. from "18 inches high by 30 inches wide or larger" to "18 inches high by 24 inches wide." Mayor Hanna stated this,is being proposed. by the Planning Department because the larger signs are harder to handle and get into the trunks of smaller cars. Alderman Daniel stated she was not in favor of smaller signs •because people have complained to her that the.signs are already too small to read. Alderman Vorsanger stated the notifications are typewritten and placed on the signs. Therefore, the size of the sign does not make a lot of difference. The new size looks good to him. He. suggested making the type larger on the printed matter that is attached to the signs. Alderman Edens asked if the proposed size is the same. as real estate signs. Little stated that was correct. •- , Alderman Williams asked if there were any requirements about where the signs were placed. Little stated there were none. They just try to be practical and place them where they are visible to the June 15, 1993 public. In addition, notices are published in the newspaper and the adjacent property owners are notified by mail. Alderman Miller stated there was also a small financial savings with the new smaller size. Alderman Bassett asked if other than adjacent property owners were notified. Little stated only if someone asked to be notified. Alderman Bassett stated the Planning Department is making sure notification is given in several different ways, and he wants everything done within reason to get notification to the public. City Attorney Jerry Rose read the ordinance for the first time. Miller, seconded by Vorsanger, 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 0. The City Attorney read the ordinance for the second time. Odom, 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 0. City Attorney Rose read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3716 APPEARS ON PAGE YS3 OP ORDINANCE BOOK XX„' PUBLIC ACCESS Mayor Hanna introduced consideration of a resolution awarding a contract to Access 4 Fayetteville for public access services for July 1, 1993 through December 31, 1993. The selection committee recommends the contract which will cost the City a maximum of $19,444 for the remainder of 1993. Alderman Daniel stated public access is great for our community. However, there has been a lot of controversy lately, and people are getting very tired of it. Alderman Bassett stated he was frustrated with this situation. A lack of communication causes situations to continually worsen. He stated he is ready for an end to this battle that has raged in this community for so long. He wants public access to survive, and he does not really care who gets the contract. However, he feels the citizens should get their money's worth from the public access provider. He is all for free speech, but he does not want obscenities. The quality of the programming needs to be improved. He wants both FOC (Fayetteville Open Channel) and A4F (Access 4 Fayetteville) to have a future. He wants both organizations to get together and work in this direction. If things do not get settled, he will vote to pull the funding. June 15, 1993 Alderman. Miller stated he is in the original choice of Access 4 rather than objective decision. fighting and bickering end. favor of public access. He felt over FOC was probably a political He would like to see all of the Alderman Edens stated he has been opposed to the funding of public access because all he has heard from the people of Ward 3 is that they do.not care about public access as long as they do not have to pay for it. Alderman Edens stated quality programming will generate funding. Alderman Edens stated he would rather fund another juvenile concerns officer, and he feels people are more interested in that than public access television. He feels the City is partly to blame for the problems because with a guaranteed income to public access, they do not have to work as hard to please the people. He has proposed a contract where the City would provide the building and equipment, but the public access providers would have to obtain their own funding. He does not feel the City should be involved in the governing of tv programs. • Alderman Vorsanger stated he felt the contract route wasthe way to go. This year the funding has been cut almost in half. The people who are paying for public access tv are those who have cable. He stated the City ran ads for bids for public access providers, received them, the Cable Commission made a recommendation to the Council, and now there is all of this controversy. He stated he was really at a loss about what to do. He has never watched this channel, and his reply to people who have complaints about the programming is to turn the channel. He stated the survey .on the number of people who watch the channel shows that most people .do not watch public access. • Alderman Williams stated he does not get,cable, so he can't watch public access. He agrees that public access does have some good. things to offer, such as education and training programs. He is in favor of the provider raising matching funds in order to pay for their operations. He agreed with the rest of the Council that he is tired of the arguing and wants it stopped. Alderman Miller feels public access would be providing youth an opportunity to learn to do their own videos, about broadcasting, etc. Alderman Bassett stated he.is not interested in what has happened in the past. He feels public access has a lot of potential if the providers can find a way to work together. Tiny Hamilton stated he felt . the people should be the ones who select the representatives on the Cable Board, so the people paying the bills will have a voice. He suggested the Council not do anything with the contract until A4F and FOC get their acts June 15, 1993 together. He feels all efforts should be focused on the government and educational channels. Give the providers 90 days, 6 months, or even a year to get together and then consider awarding a contract. Butch Coger, a member of the Cable Board, stated he has been involved with this process for a little over 2 years. He believes A4F should accept the $19,445 contract. He agrees that public access is being paid for by all the cable subscribers and only being used by a few people. He has become disgusted with the whole thing as well because of all of the bickering. He agreed with Tiny Hamilton about delaying any action on the contract. He agreed that the government channel needs more emphasis. Currently, there is much new cable legislation that the Cable Board needs to deal with rather than these problems. Alderman Bassett asked if it was feasible for the City to operate the access channel for a period of time and let anyone who wants be able to do programming. Shea Crain, City Cable Administrator, stated she feels they could do this. They could keep the facility open and let people come in and make their programs. Alderman Williams asked if there would be a cost savings by doing this. Crain stated there would probably be a considerable cost savings in the short term. Alderman Vorsanger agreed with a moratorium on the contract. He asked Tiny Hamilton if he felt there should be a public access channel. Hamilton stated he was not sure. He suggested Cable Administrator Shea Crain try and get these two groups together to iron out their differences. Alderman Odom stated he would love to get through all of this and move forward. He asked Butch Coger if the 6 month moratorium was the Cable Board's recommendation. Coger stated the Cable Board voted 3-1 to award the contract to A4F. However, Marion Orton told him this contract was unacceptable to A4F. In his opinion, the moratorium would be the best solution. It could be for a definite period of time or just until the two parties get together. Alderman Odom asked if more time would help or confuse the issue. He also asked if A4F would accept the contract if it were awarded to them. June 15, 1993 Coger-stated the contract has been extended several times already, and there have been no solutions to the problems. He understands that A4F will not accept the contract as it is currently written. He does not think the people involved in this understand the peril their funding is in. Marge Zinke, president of A4F, stated the contract had been changed to comply withrecommendations made by the Cable Board. A4F agreed to the changes and with the contract. She stated her interest is in public access. She agreed that there has been controversy, but the controversy is not that A4F does not want to include everyone. People who want to produce shows are more than welcome. She stated no public access channel has been able to make it without a subsidy. When they started with public access, there were 15 people making productions, and now there are 225 people. She asked the City Council to give A4F a chance to show them what they can do. Alderman Bassett asked how many people were on the board of A4F. Zinke replied there were 9 members. e Bassett asked if A4F had made an effort to draw people from FOC to be on the board. Zinke stated they had contacted some of the people, but they were not interested in being on the board. Zinke felt if a definite decision could be made by the Council, that would stop the controversy. Alderman Daniel asked how the board members were selected. Zinke stated the original founders represent the community. There are different categories of board members. The members seek others who are interested and have experience in public access. The board members vote on new members to the board. Alderman Daniel suggested combining facilities and equipment of A4F and FOC to get the best use for citizens. She asked if this was possible. Zinke stated the city equipment is available for anyone's use. Shea Crain stated FOC owns their own equipment and has their own facility. Alderman Bassett stated he had good friends on both sides of this controversy. He asked Ms. Zinke if she understood how much jeopardy funding for public access is in. Zinke replied she did. Jo Nell Grace, a new member of the A4F board, stated she has talked with people and read the surveys. She felt the survey was set up incorrectly to correctly measure the use and watch time of public access. She asked the Council to give A4F a chance to proceed in June 15, 1993 a positive direction. She stated public access is a wonderful vehicle for this community. Gail Beggs stated she had received many calls basically threatening her because she had dared suggest the A4F contract be changed. She stated she felt this is a golden opportunity for a 6 month waiting period. This will create an incentive for the two groups to meet and compromise. She also felt it would be good for the City to have control of public access for 6 months, which would keep public access from being shut down and off the air for this time period. Alderman Bassett stated in her memo to the Council, she stated she had received unbelievable threats to the City. He asked what those were. Beggs stated she had been told the City would be on shaky legal ground if they did not award the contract. Alderman Bassett asked City Attorney Rose if this would be so. Rose stated there was a case in Kansas City where the KKK was putting shows on the public access channel. Kansas City gave the public access channel back to the cable company and basically did away with it. The 8th Circuit Court of Appeals said a city is not obligated to have public access tv. However, they must choose not to have it for constitutionally permissible reasons, not to restrict freedom of speech. Rose stated what he has heard from the aldermen is not that they want to restrict freedom of speech. He stated there would be no legal problems associated with either awarding or denying the contract. Mary Cooper, a representative of the educational portion of the A4F board, stated she was an original member of the board. She produces a show called "Your Schools". The program dealt with good things teachers are doing in the schools. She is planning on setting up workshops next year for students to learn how to produce and make their own videos and programs. She would like to interview residents of Butterfield Trail and put together a tape of the history of Fayetteville. She stated if the Council votes against the contract, she feels they will be saying they do not care about the school district. Alderman Edens asked why her programs were not on the educational channels where they should be. Cooper stated she did not know. Alderman Miller asked Cooper if she had not heard what he and the other aldermen had just discussed about their concern for the youth and even wanting additional juvenile officers, etc. She stated she had heard them. Morty Newmark, an FOC board member, stated he was in agreement with about 90-95% of what has already been said. For about 12 years, June 15, 1993 169 public accesshas worked'in Fayetteville without controversy.. With the new form of city government, things are a lot more open than they were. He agreed with Alderman Edens that public access needs to fund itself. The things A4F has said they want to do with public access are the same things FOC wants to do. He feels it might be a good idea to table the contract and let the City take over for awhile. However, he feels 6 months may be too long. FOC has about $300,000 in assets, and A4F does not. He would like the citizens to benefit from these assets. Alderman Bassett asked what hope Newmark could give the Council that the two groups can reach an agreement when it has not been done up to now. Newmark stated there is now an incentive --the contract. Alderman Williams asked Newmark if FOC would be willing to accept an equal number of board members with A4F at this time. Newmark stated FOC has said they would for several months. Williams asked Marge Zinke if A4F would be willing to work with FOC and split the board membership. Zinke stated FOC had been unwilling in the past. She stated she would have to meet with her board and get their opinions on this. Alderman Williams suggested approving the contract and let it be administered by a joint board. Zinke asked why the losing group couldn't be quiet. Alderman Vorsanger stated Fayetteville has spent almost 1 1/2 years with the problems between the two groups. He asked.if Newmark could tell.him what are the problems between the two.groups. Newmark stated no one seems to remember. He felt the differences occurred when there was dissatisfaction with the city government. He personally does not see why the two groups can't work together. Glen Macy, an FOC board member, stated what Alderman Williams said makes perfect sense. He felt the fundamental difference between the two groups is that one is self-appointed and the other isa responsive democratic group. He stated he was interested in public access, and there are good people on both sides who need to work together. Mayor Hanna stated the issue .is whether or not to award. the contract to Access 4 Fayetteville. The Cable Board,held a public hearing and then recommended the contract to the City Council. June 15, 1993 Alderman Williams stated he agreed with Alderman Bassett. He had been prepared to vote on the recommendation of the Cable Board. But, he is distressed about not getting more cooperation from the people to which we are supposed to award the contract. Alderman Vorsanger stated he hopes FOC and A4F have understood the feelings of this Council and what they are looking for. He stated he would like to be able, to award a 2 year contract to a third party. City Attorney Rose stated the contract under discussion will run to December 31, 1993. However, it may be automatically renewed for 4 consecutive one year terms subject to (1) the recommendation of the Cable Board, (2) approval bf the renewal by the City Council, and (3) budget approval. Alderman Bassett stated he would not vote to give any money and renew any contract in January until there has been an agreement made between these two groups. Vorsanger, seconded by Bassett, made emotion to award the to Access 4 Fayetteville. Upon roll call, the motion passed by a vote of 5 to Aldermen Edens and Miller voting no. RESOLUTION 64-93 AS RECORDED IN THE CITY CLERK'S OFFICE DRAKE FIELD LEASE contract 2, with Mayor Hanna introduced a resolution presented by Alderman Kit Williams regarding the lease of Drake Field. Alderman Williams read the resolution he was proposing which stated the City of Fayetteville would not enter into any lease agreement for Drake Field. Williams, seconded by Miller, made a motion to approve the resolution. Mayor Hanna stated there is a committee appointed from this Council to study the Drake Field situation. The Drake Field Airport Board sent a position statement regarding Alderman Williams' resolution. Leo Yanda, Chairman of the Airport Board, read the statement, which opposed Alderman Williams' resolution. Alderman Williams stated the Mayor had appointed himself and Alderman Edens to the authority. The Drake Field Advisory Board member, Harlan Tiffee, was appointed to the authority as well. They have been meeting to discuss leasing Drake Field. Alderman Williams stated he did not block the Regional Authority from June 15, 1993 proposing—their lease, nor did he commit to deferring .to the Advisory Board about the City keeping Drake Field. He stated the Airport Board has had plenty of time to advise the Board regarding _their feelings about the lease. Instead, they have chosen to chide the Council on bypassing them. Alderman Williams stated the real issueis do we need a new 'airport. He does not think so. Leo Yanda stated the draft lease has not yet been acted upon by the authority committee and passed on to the Drake Field Airport Board for their review.- .Alderman Edens stated their last meeting was May 30, and the members were given a copy of the lease at that time. On June 1 he left a copy of the draft for each alderman. He is not in favor of the lease. They have been waiting on feedback, but all he has received is Alderman Williams' resolution. He stated he could not support Alderman Williams' resolution because he will never vote for something that will limit the debate of the City Council. He was elected to listen to everything no matter what it is about. Alderman Williams stated his primary reason for introducing this resolution was to initiate debate on the issue. He has heard a lot of misstatements. He provided the Council members with charts, and he had a visual graph showing planned growth in the area and use of the airport. The estimated economic impact of Drake Field on this area was $10 million, and that number is increasing continually. He stated the FAA states the time to start planning for a new facility is when the present airport reaches 60% capacity. Drake Field will not reach the. 60% capacity figure until the year 2007. He stated the proponents of the lease have the burden to show the City why revenues from Drake Field should be sent to Benton County. Alderman Williams stated he believes the issue is so clear because Drake Field is Fayetteville's 2nd most valuable asset, and he can't see ever allowing that asset to be taken over by another city or _county. Glen Macy stated he supports Alderman Williams. He stated the Council does not have to wait until the end of the process to see that they do not want to enter into the proposed lease. Tom McKinney stated he lives in West Fork and uses Drake Field frequently. He feels a vote against the lease at this time is appropriate. He feels the City is operating Drake Field correctly, revenues and use are increasing, and he feels this asset should be maintained by the City. - Charles Moorman stated he did not agree with leasing Drake Field. He compared the proposed regional airport to a Wal Mart store being June 15, 1993 built in a community and putting all of the local stores out of business. Cyrus Young stated the $20,000 per year for 50 years in the draft lease is the $1 million loan the City has made to Drake Field. He asked if the process has been started in replacing Bill Martin on the authority board. Mayor Hanna stated he has selected Stan Green as Martin's replacement. Paul Jones stated he has worked for 45 years in the airline industry. He is not in favor of a regional airport. He feels Alderman Williams' resolution might be cutting short the airport process. He stated Fayetteville should be collecting the $3 per passenger facility tax that was approved by the FAA in 1991. This would increase revenues some $600,000 per year. He stated the proposed 26 page lease is the result of 4 months work by the Authority board. He stated he thinks the Authority board should be wondering if the Highfill facility will ever be built. He stated he is in favor of Alderman Williams' resolution. Harley Brigham stated he was against leasing Drake Field. Fayetteville has developed the airport into something to be proud of. He stated Drake Field is convenient for all of the citizens in Washington County. He feels there should be a public vote before giving away the airport. He stated there was a recent article in NEWSWEEK magazine about the perils of building a regional airport, and left the article for the Council. Steve Ward, Chamber of Commerce, stated they have studied the lease. He believes it would be premature to close the initial discussions. Alderman Williams stated Ward favor of leasing the airport. Fayetteville in leasing Drake Ward stated he does not know, the discussions at this time. is the only person who has spoken in He asked what benefits Ward sees for Field. but it would be premature to close Alderman Daniel stated she was not in favor of the draft lease; however, she cannot vote for Alderman Williams' resolution because the City may have some bargaining power that would be lost. Alderman Williams stated this discussion has been a matter of public insight, and no one that addressed the Council spoke in favor of the lease. He stated if the City were to lease Drake Field to the Authority, and if the Authority got into financial troubles, the creditors could attach the revenues from Drake Field. No one has presented to him any possible benefits from such a lease. I June 15, 1993 Alderman Bassett stated he thinks he understands how the people of Fayetteville feel about this lease. However, he can't vote for this resolution because it is premature. He wants to give the Airport Board time to review it and make a recommendation to the Council. He agrees the draft lease is not good for Fayetteville, but he does not want to close the doors to future negotiations that might someday be the best for Drake Field and Fayetteville.. 'For several years this community has been split over the incinerator. He does not want another issue like this to divide people. Alderman Vorsanger stated he could not conceive considering „ anything that did not come to the Council from the appropriate :: board or commission. Mayor Hanna stated he appreciated everyone who came and gave their views. He agrees with Aldermen Bassett and Vorsanger that Alderman Williams' resolution is premature. Alderman Odom stated he agreed with Alderman Bassett. He is not in favor of the proposed lease, but he does not want to close the door to future negotiations. Alderman Miller stated a regional airport was built in the Denver area, and no one isusing it. The City of Denver has been hit hard having to pay for this. However, Alderman Williams' resolution would keep the City from entering into any other type of agreement that might be beneficial. He stated that he would not be in favor of leasing Drake Field or be in favor of building a competing airport that would put Drake Field out of business. Alderman Williams stated Fayetteville is not about to roll over and give away one of its most important assess. None of the aldermen are in favor of doing that. In order to keep from sending a bad message about what Fayetteville is doing, Alderman Williams made a motion to table the resolution. Miller seconded the motion. Upon roll call, the motion to table passed by a vote of 5 to 2, with Aldermen Vorsanger and Odom voting no. CITY COUNCIL MEMBER APPOINTMENT Approve appointment to the Fayetteville City Council of a person to fill the unexpired term of Alderman Joan Chapman, Ward 4, Position 1. Mayor Hanna asked each of the aldermen to rank the 5 applicants, and the applicant receiving the top ranking would be the nominee and voted on by the Council. In the event that person is not voted into office, the second ranking candidate will be voted on, and so forth, until a person is approved by the Council. June 15, 1993 The alderman ranked the candidates and presented the rankings to the City Attorney and City Clerk for tabulation. City Attorney Jerry Rose stated Joe Box received the top ranking. Mayor Hanna, seconded by Williams, made a motion to appoint Joe Box to fill the Council position being vacated by Joan Chapman. Upon roll call, the motion passed by a vote of 7 to 0. OTHER BUSINESS WARD 4 MEETING Alderman Daniel stated Ward 4 would hold a meeting at 7:00 p.m. on June 17, 1993 in Room 111 of City Hall. WARD 3 MEETING Alderman Edens stated Ward 3 would not have a meeting this month. ADJOURNMENT The meeting adjourned at 11:14 p.m.