HomeMy WebLinkAbout1993-11-16 MinutesMINUTES OF A MEETING OF THE CITY COUNCIL
A meeting of the Fayetteville City Council was held on Tuesday,
November 16, 1993, at 6:30 p.m. in the Council Room of the City
Administration Building, 113 W. Mountain, Fayetteville, Arkansas.
PRESENT: Mayor Fred Hanna; Aldermen Heather Daniel, Stephen
Miller, Kit Williams, Conrad Odom, Woody Bassett, Fred
Vorsanger, Len Edens, and Joe Box,; 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.
CALL TO ORDER
Mayor Hanna called the meeting to order with eight aldermen
present.
NORTHWEST ARKANSAS RESOURCE RECOVERY AUTHORITY
Mayor Hanna introduced consideration of a resolution appointing
seven members to the Northwest Arkansas Resource Recovery
Authority.
City Attorney Rose stated this is a resolution to appoint 7 members
to the Northwest Arkansas Resource Recovery Authority. This is the
agency that was responsible for issuing the incinerator bonds. The
Authority's attorney, Jim Rose, has requested the aldermen appoint
themselves or a representative to the Authority. Jim Rose has
stated it is important to keep the Authority in existence to
maintain the right to exercise options regarding the third party
defendants. He stated he concurs with Jim Rose.
Alderman Bassett asked Walter Niblock, the City's attorney for this
appeal, to give a status report on the incinerator lawsuit.
Niblock stated the appellants, represented by Ms. Barnhart, have
filed their brief. The City and FGIC have filed the appellee's
brief. The appellants have asked for more time to file their
answer. They will have some time until late December to file their
answer. Shortly after the first of the year, the case should be
scheduled to be argued before the supreme court who will then
render a decision.
Alderman Bassett stated so either in late winter or early spring of
1994, Mr. Niblock feels the supreme court will decide on the case.
Niblock stated that was correct.
November 16, 1993
Alderman Bassett stated he feels if the City prevails on the
appeal, the City Council will have to decide on several things.
However, if the City loses on the appeal, he feels the City has no
other choice but to pursue the third party claims. He asked Mr.
Niblock if he felt this was the case.
Niblock stated the City along with the Authority would have to
pursue the third party claims. The Authority is the entity with
privity of contract with the third party claimants and is the
entity to pursue the third party claims.
Alderman Bassett stated if the City wins, he feels it would be
nonproductive to pursue third party claims. As Alderman Williams
had discussed previously, Alderman Bassett asked if the Authority
could assign its rights to the City Council or to someone else.
Niblock stated not now because there is no Authority Board at this
time. One of the problems the attorneys have had is that there has
been no appellee brief filed on behalf of the Authority because
there has been no Authority Board. The Authority Board will have
to be in existence to be able to make an assignment.
Alderman Williams asked if he saw a possible conflict of interest
between the City and the Authority for the aldermen.
Niblock stated this matter has been discussed many times. He
stated there probably is a possibility of a conflict between the
two entities. The boards of the Authority and the City have always
been the same people. However, there are different interests
involved contractually.
Alderman Williams asked if there would be some conflict in
appointing themselves that might conflict with the City Council.
Niblock stated no, the statutory plan for the NWARRA contemplated
this situation. So, there is no conflict because of Arkansas
statutes.
Alderman Williams asked if Mr. Niblock thought it would be proper
to become members of the very board we may become in conflict with?
Niblock stated in the wisdom of the legislature, they created this
situation, and this is what we are all stuck with.
Alderman Bassett stated if a conflict would arise, the members of
the Authority could resign.
Niblock stated this was true, and the entities that make up the
Authority have the right to appoint anyone they want to serve.
Jim Rose stated the Authority bylaws state the number of directors
on the Authority shall be 9, of which 7 shall be Fayetteville Board
November 16, 1993n
of Directors, or individuals appointed by the said Board. The
entire City Council would have to pick and approve the 7
representatives if they choose to go that route and not be on the
Authority themselves. Rose stated he has not been able to think of
any kind of conflict that would come between the City and the
Authority because the Authority is a separate plaintiff in the
lawsuit and a separate appellee.
Alderman Williams asked if the other two members of the Authority,
West Fork and Washington County, have not been to a meeting in two
years, why do we still have the Authority? He stated he could see
where a conflict of interest might occur. He stated the bonds have
been sold. There might be a conflict because as amember of the
City Council, he would not want the City taxpayers to have to pay
off the bonds of the Authority. On the other hand, as a member of
the Authority, he would want to see the bonds paid off.
Alderman Bassett stated if the City loses the appeal, the Authority
has to be in existence to follow through with third party suits.
Jim Rose stated there are three third party suits filed and tolling
agreements with 4 other parties. If the supreme court overturns
the lower court's opinion, we may need to pursue the third party
suits, and the Authority will have to be the one to do that.•
Alderman Williams asked if the Council appointed -last year's
members, could that group then assign the Authority's rights to the
City Council?
Alderman Bassett asked what kind of action the Council needs to
take tonight.
•
City Attorney Rose stated the Council needs to appoint 7 members to
the Authority.
Alderman Bassett stated this whole thing bothers him, but if the
City wins on appeal, that will put an end to the litigation. If
the City loses, the third party suits will need to be filed. Even
though he dislikes it as much as anyone, he feels the Council
should appoint 7 of themselves to be responsiblefor this.
Alderman Vorsanger stated he has been on the Authority Board, and
he will continue to serve.
vorsanger, seconded by Odom,made a motion to appoint 7 members of
the City Council to the Northwest Arkansas Resource Recovery
Authority. Upon roll call, the motion passed by a vote of 7 to 1,
.with Williams voting no.
•
Mayor Hanna stated he will poll the City Council and appoint the 7
members. e'
November 16, 1993
Jim Rose stated as soon as this was done, he would need to call a
meeting of the Authority, and they would need to take an oath of
office, and elect a chairperson and secretary.
RESOLUTION 119-93 AS RECORDED IN THE CITY CLERK'S OFFICE
OLD BUSINESS
Mayor Hanna introduced consideration of items that have been
brought before the Council but were tabled or no decision made to
allow further information to be presented.
GENERAL LAND USE PLAN
Mayor Hanna introduced consideration of a resolution approving the
General Plan 2010. The Planning Commission voted to recommend the
plan at their October 1, 1993 meeting. The Council tabled this
item at their November 1 meeting to allow time for a public
hearing.
Alett Little stated this is the llth public meeting the City has
held on the General Plan. This is a policy document and a basis
for long term development and decisions. The document must be
updated periodically and supplemented. It does recognize the need
for additional land be added to the City for growth. It also
recognizes the need for accessible and affordable housing,
transportation, and environmental needs. City Staff is working on
a summary document that will be available.
Alderman Vorsanger stated he will vote for this plan. He stated
the City has held public hearings on the plan, and he wants to know
what Staff intends to do with the information received at these
meetings.
Little stated the suggestions were not incorporated in the
document, such as the need for accessible housing. However, City
Staff does intend to use the information gathered at these meetings
in conjunction with the General Plan for development of
Fayetteville. She has been in touch with Jan Simco, the Community
Development Coordinator, and they are working on accessible housing
issues. They plan on holding a seminar that will be open to the
public and developers to address affordable and accessible housing.
These will also be addressed in the revisions to the zoning
ordinance.
Alderman Daniel stated she was happy with the document which is an
outline from which to start.
Alderman Bassett commended Little and her staff who worked on the
plan. He is interested in the information gathered at the last
meeting, and he hopes the City Council will express to the people
`.'November 1
61,1,79W
Z
and' the Planning' Commission that this is 'important to 'the
community.
•
Mayor Hanna stated a number of years ago a greenspace ordinance was
passed, and the City has the capability of passing a similar
ordinance to provide for cuts in the cost of building permits,
etc., to encourage affordable, accessible housing.
Melanie Stockdell addressed the Council and stated she felt this is
an excellent plan to guarantee a sustainable growth for
Fayetteville. However, she feels the plan should be adopted by
ordinance rather than by resolution to give it more weight. She
feels it is important to vote it in as a law. She feels if it is
adopted only as a resolution, it will be gutted ordinance by
ordinance.
Mayor Hanna stated when the Council passes this plan, the next step
is to adopt a unified development ordinance. Everything will be
taken from this plan in developing that ordinance.
Stockdell stated she remembers the reason the Raby plan was not
adopted a long time ago was because of heavy campaigning by
developers who had monetary interests in the outcome.
Mayor Hanna stated he agreed somewhat with that, but he felt
internal reasons had delayed the adoption of a general plan.
Alderman Williams stated he understands, and he also supports the
plan. He expects to see ordinances to be adopted that will enhance
the general plan. -
Little stated staff discussed bringing this forth as an ordinance.
They had included the master Street Plan as part of this, which had
to be done by ordinance. She stated they had researched several
state laws about general plans and adoption by resolution seems to
be equally as effective.
•
Alderman Miller stated he shares Ms. Stockdell's concerns;.but he
hopes the City passes an ordinance soon to deal with wetlands,
soil types for zoning, etc. He will make sure the City keeps its
environmental integrity.
Alderman Vorsanger,
General Plan 2010.
8 to 0.
seconded by Edens, made a motion to adopt the
Upon roll call, the motion passed by.a vote of
RESOLUTION 120-93 AS RECORDED IN THE CITY CLERK'S OFFICE .
CONSENT AGENDA
Mayor Hanna introduced consideration of items which may be approved
by motion, or contracts and leases which can be approved by
November 16, 1993
resolution, and which may be grouped together and approved
simultaneously under a "Consent Agenda":
A. Minutes of the October 26, 1993 special City Council meeting
and the November 2, 1993 regular City Council meeting.
B. A resolution designating the University of Arkansas as the
sole operator of the City's Educational Access Channel through
December 31, 1994.
The City originally designated the University as sole
proprietor on May 21, 1991. Approving this resolution will
extend the current agreement with the University.
RESOLUTION 121-93 A8 RECORDED IN THE CITY CLERK'S OFFICE
C. A resolution approving additional compensation in the amount
of $9,070 for services provided by
Hailey/Associates/Architects, P.A., on the City Library
Expansion Project, and approval of a budget adjustment in the
amount of $1,822.
The additional compensation is being requested because of
additional services provided as a result of lengthy delays in
the Federal Review Process and the construction phase of the
library expansion project.
RESOLUTION 122-93 A8 RECORDED IN THE CITY CLERK'S OFFICE
Williams, seconded by Box, made a motion to approve the consent
agenda. Upon roll call, the motion passed by a vote of 8 to 0.
REZONE R93-45
Mayor Hanna introduced consideration of an ordinance rezoning 2.67
acres located south of Mt. Comfort Road and west of Porter Road
from R-1, Low Density Residential, to I-1, Heavy Commercial -Light
Industrial, as requested by Daniel and Reba Epperly. The Planning
Commission voted 8-1-0 to recommend the rezoning subject to a Bill
of Assurance restricting the use of the property to a greenhouse,
garden center, and storage facility.
Little stated this parcel of land already adjoins I-1 land to the
south. The greenhouse has been in business on this land for about
35 years.
City Attorney Rose read the ordinance for the first time. Odom,
seconded by Edens, made a motion to suspend the rules and place the
ordinance on its second reading. Upon roll call, the motion passed
by a vote of 8 to 0. The City Attorney read the ordinance for the
second time. Williams, seconded by Odom, made a motion to further
suspend the rules and place the ordinance on its third and final
r.. 1i
'.November 16, 1993'et(L' -
reading; Upon roll call, the motion passed by a vote of 8 to 0,
and the City Attorney read the ordinance for the third time.
Alderman Williams stated he understands none of the neighbors have
any objections.
Little stated there had been one neighbor, but once they understood
that it will still be used as a greenhouse,there were okay.
Alderman Vorsanger stated he had received a letter in opposition
from Shawn West, and he 'read the letter to the Council.
Alderman Miller stated there is a bill of assurance that they will
only build greenhouses. If the Epperly's move on sometime down the
road, what can be done with the land?
Little stated the bill of assurance runs with --the land, and no one
else could come in and build anything other than greenhouses or
whatis allowed per the bill of assurance. .
Upon roll call, the ordinance passed by a vote of 7 to 0 to 1, with
Miller abstaining.
ORDINANCE 3737 APPEARS ON PAGE' SI OF ORDINANCE' -BOOR X X VII
SUBDIVISION ORDINANCE
Mayor Hanna introduced consideration of an ordinance amending the
Subdivision Ordinance sidewalk requirements. The amendment will
require the developer to pay for sidewalk installation by placing
the estimated cost into a City escrow account and enter into a
contract to install sidewalks at or by the time that one-half of
the lots or units in the subdivision have received building
permits.
Little stated this amendment is needed so that sidewalks will not
be discontinuous as they are now in subdivisions. The sidewalks
are now to be required at the time of development. So if only 85
to 90% complete, there willstill be continuous sidewalks.- The
sidewalks are also to be set in 4 feet from the curb. Also, at the
point the subdivision is 50% developed, the developer is
responsible for getting the rest of the sidewalks installed.
City. Attorney Rose read theordinancefor the first time. .Odom,
seconded by Miller, made a motion to suspend the rules and place
the ordinance on its second reading. Upon roll call, the motion
passed by a vote of 8 to 0. The City Attorney read the ordinance
for the second time. Miller, seconded by Williams, made a motion
to further suspend the rules and place the ordinance on its third
and final reading. Upon roll call, the motion passed by a vote of
8 to 0, and the City Attorney read. the ordinance for the third -
time.
Air
November 16, 1993
Upon roll call, the ordinance passed by a vote of 8 to 0.
ORDINANCE 3738 APPEARB ON PAGE 53 OF ORDINANCE BOOK kX ✓i/
WATER & SEWER SERVICE DEPOSIT REOUIREME_NTS
Mayor Hanna introduced consideration of an ordinance amending the
water and sewer service deposit requirements. He stated this will
increase the service deposit from $37.50 to $50.00 but will also
allow the $50 to be paid in 2 payments.
City Attorney Rose read the ordinance for the first time.
Williams, seconded by Miller, made a motion to suspend the rules
and place the ordinance on its second reading. Upon roll call, the
motion passed by a vote of 8 to 0. 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 8 to 0, and the City Attorney read the ordinance for the
third time.
Upon roll call, the ordinance passed by a vote of 8 to 0.
ORDINANCE 3739 APPEARS ON PAGE Sy OF ORDINANCE BOOK Xk Y//
BID WAIVER
Mayor Hanna introduced consideration of an ordinance waiving the
requirements of competitive bidding for trolley/bus driver services
for the operation of the Tourist Transportation Program and award
a contract to Ozark Public Transit for operation of the program
beginning the last week of November, 1993 and ending March 31,
1994.
City Attorney Rose read the ordinance for the first time. Odom,
seconded by Miller, made a motion to suspend the rules and place
the ordinance on its second reading. Upon roll call, the motion
passed by a vote of 8 to 0. The City Attorney read the ordinance
for the second time. Box, 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 8 to
0, and the City Attorney read the ordinance for the third time.
Mayor Hanna stated this service will provide drivers for the
downtown bus system that the City is hoping to have in use by the
first of December.
Alderman Williams stated he felt this bid waiver and contract made
good sense since Ozark Transit has the experience and more drivers
to handle the service. He also pointed out this is Advertising &
Promotion money being used to fund this program.
4.November 16, 1993,,:.'
Upon roll call, the ordinance passed by a vote of 8'to 0
ORDINANCE 3740 APPEARS ON PAGE S9 OF ORDINANCE BOOR XX V //
UTILITY. EASEMENT VACATION V93-9
-Mayor Hanna introduced consideration of an ordinance vacating -the
southern -15 feet of a 30 foot utility easement located on the north
side of Lot 30 of the Hotz Addition. The Planning Commission voted
5-0-0 to recommend the vacation.
Little stated there were no utilities in the easement area. This
is a remnant from an old street which was vacated in 1954. .This
vacation will allow the expansion of a single family home.
City Attorney Rose read the ordinance for the first time. Miller,
seconded by Box,made a motion to -suspend the rules•and place the
ordinance on its second reading. Upon roll call, the motion passed
by a vote of 8.to 0. The City Attorney read the ordinance for the
second time. Vorsanger, seconded by Edens, made a motion to
further suspend the rules and place the ordinance on its third and
final reading. Upon roll call, the motion passed by a vote of 8 to
0, and the City Attorney read the ordinance for the third time.
Upon roll call, the ordinance passed by a vote of 8 to 0.
ORDINANCE 3141 APPEARS ON PAGE 6S OF ORDINANCE BOOR XX V//
4
PUBLIC ACCESS CHANNEL
1
Mayor Hanna introduced consideration of a resolution approving the
Cable Board's recommendation for the City of Fayetteville to manage
the operation of the Public Access Channel for a six-month trial
period beginning January 1, 1994 and ending June 30, 1994. Mayor
Hanna stated the Council had two choices --approve the Cable Board's
recommendation or deny the recommendation and close the public
access channel pending a new contract.
Alderman Vorsanger asked what exactly was to be discussed.. He
stated he did not want to open the discussion up for all of the
past history of the access channel.-
Vorsanger, seconded by Daniel, made a motion for the City not to
run the public access channel and to disapprove the Cable Board's
recommendation. •
Woody Charleton, Chairman of the Cable Board, addressed the
Council. -He stated the Cable Board was formed in 1991 to advise
the City Council on the use of the PEG facility and channels. The
,public access. channel contract has been awarded to Access 4
Fayetteville (A4F)... There.has been dissatisfaction on -the part of
the Cable Board and others with the development of the access
November 16, 1993
channel. In January 1993, the Mayor urged the Cable Board to
discuss the operations of the channel and get public input. The
Cable Board looked at options: (1) for the City to take full
responsibility for the access channel, (2) the access channel
should move away from City funding, and (3) pay the public access
provider to train and educate people. The Cable Board recommended
a total of $50,000 ($10,000 grant and the balance in matching
funds) be spent on public access and $20,000 on the government
channel. This recommendation was accepted, and two bids were
received. The selection committee awarded a contract to Access 4
Fayetteville on July 1, 1993. The first renewal is December 1,
1993, with up to 4 automatic, annual renewals. However, at this
time, the Cable Board feels the City should run public access which
would cost less than contracting out the project.
In October, Access 4 Fayetteville refused renewal of the contract
and stated they wanted a $75,000 grant and no matching fund
requirement to operate public access. The Cable Board had to go
back out for bids to see if some one would accept the $50,000
contract. A decision had to be made about the future of public
access if no one would accept the $50,000 bid. The Cable
Administrator provided the Cable Board with an estimate of what it
would cost the City to run public access. That estimate to run
both the access and government channels is less than what the other
providers want to charge.
Alderman Bassett asked if the Cable Board would be interested in
renewing the contract with A4F if they had kept their budget at
$50,000.
Woody Charleton stated they would have been interested in renewing
the contract.
Alderman Edens asked what was the cost to run the government
channel.
Charleton stated it as about $20,000. Shea Crain's salary is not
included in this figure.
Shea Crain stated the 1994 proposed budget for her department is
$141,000.
Alderman Williams asked if Crain anticipates spending more of her
own time on the job if the City runs the public access channel.
Crain stated she did, she anticipates her time will increase from
about 1/3 to over 1/2 spent on the access channels, which would
probably mean expanding her 40 hour week.
Alderman Vorsanger asked how much of the approximate $140,000
budget comes from franchise fees.
November 16, 19931E
Mayes'stated•the-City receives 5% franchise fee, or about $250,000-
$260,000 per year.
Alderman Bassett asked if the franchise fee collected by the City
can be -spent for any lawful purpose.
Rose stated they could be
Alderman Vorsanger stated the last franchise agreement signed with
Warner Cable increased the franchise fee from 3 to 5%. The -reason
was this money would be used to support the PEG channels. He was
told that the franchise fee could only be used to support the PEG
channels:• Was that/wrong?
•
Rose stated he does not know, but the franchise fees can be used
for any lawful purpose.
Mayor Hanna stated when the contract was'awarded in July,11993,
there were 2 bidders. The contract was awarded for the remainder
of: 1993 with four annual renewals. If the contract terms are
changed now, is that leaving the City liable? c f E>,
. • . a.
Rose stated yes; it would be better to re -bid rather than -re=
negotiate•the contract. This would be giving an advantage'to a
particular bidder. The contract does not need to be materially
changed after the bid has been awarded.
•
Alderman Vorsanger stated the contract is up December 31, 1993.•=He
asked if it was not the responsibility of the Council to act in
good faith and offer the same contract to either A4F or CAT.
Alderman Miller stated the Council has stated they do not want to
second guess the Planning Commission, the'Parks & Recreation
Advisory Board, etc.., so he did not want to be too quick to second
guess the Cable Board. He is in favor of public access, and -he
does not want to lose the facility.
•
Vorsanger and Daniel withdrew their motion and second.
Marge-Zinke stated A4F received a contract on March 17, 1992 for =9
months at $5,555.55 per month. That contract could have been
renewed for several years, but it was not. At the end of the 9
month period, the new City Council looked at thecontractand went
out for bids again. A4F operated public access with the money they
had earned, and operated on a month-to-month contract. This caused
a- lot of stress for A4F, but they continued to improve public
access during this -whole time. The Cable Board decided to renew
the contract at $5,555 per month, with $10,000 to be paid up front.
The A4F Board discussed this and decided to try it. They then
,heard- the contract had been cut to 6 months with only $5,000 up
front. They had no way to earn any money forquite awhile. But,
• they managed to survive.
November 16, 1993
Zinke stated it will cost the City the same amount of money as it
does A4F to run the public access channel. She stated the City's
budget does not include many things their budget covers. In
addition, she stated it was very difficult to derive the actual
cost of running the access channel the way the City tracks the
money. She stated there would be an appearance of censorship in
the City runs the access channel.
Alderman Miller asked how much matching funds have been acquired
and how many school children have gone through training.
Zinke stated they have raised $3,000 in six months. They have a
possibility of obtaining a $5,000 grant. They are doing 1 to 2
workshops per day, and about 60-70 students have gone through them
since September.
Alderman Vorsanger asked if A4F has ever appeared before this
Council and turned down an offer to operate the public access
channel.
Chaddick stated A4F did not appear before the Council, rather they
appeared before the Cable Board in October and said they would not
operate public access under the terms of the contract. They had a
6 month contract with a 4 year renewal.
Zinke stated they had cut staff from 4 full time to 1 and cut the
time of the part time people as well. They simply have not been
able to meet the obligations of the channel.
Crain stated the contract period had been changed because after
negotiations, they were told the contract had to be on a fiscal
year basis. The proposal is for the management of both the public
access and government channels for $30,132 for 6 months. If the
City operates the public access channel, Crain stated she plans to
reduce the fees charged to the public, set up programs for low
income people to use the facility, and to continue to provide
workshops and programs with the schools.
Alderman Williams asked if there are expenses that will be incurred
that are not covered under the City's budget.
Crain stated all expenses are included in the budget and cost of
operating public access. She stated operating the public access
channel would have no measurable impact on the City or on the cable
department's budget.
Zinke stated the Cable Administrator said these things apply
because it is only a six month contract. Things will change when
an annual contract is awarded.
Charleton stated A4F wants $69,000 to run public access, and that
only leaves $1,000 for government access operations.
November 16, 1993
Richard Drake stated•he feels it is the producers of the shows that
provide continuity to public access and improves the lifeof
Fayetteville. He feels if Fayetteville loses the public access
channel, a lot of what goes on in this City will not be known.
Public access provides a forum for presenting a lot of ideas and
sides other than commercial television, radio, and other media. He
feels if A4F can't run the channel for $50,000, some one else can.
He suggested getting volunteers to help.
Jim Goodlander, manager of the public access channel, stated they
do have volunteers who help with the computer classes, produce
shows, and help with the workshop manuals. -
Marion Orton stated the schools use public access every week. She
read a letter from James Williams III, age 12, who has been taking
production classes, and wants the channel to be operated by A4F.
Alderman Bassett stated all of the people involved have good and
honest differences of opinion. He feels anyone can make a
compelling case and get a budget adjustment and/or get the City to
spend more money. He believes in public access. He feels the
government channel should be operated by the'City, who is doing an
excellent job. However, he has a fundamental problem with the City
operating public access because there would be an appearance'of
censorship. He has tried to draft a resolution he hopes will
address this issue. •s
Alderman Bassett read his resolution to offer to extend the
contract for one year with CAT, from January 1, 1994 through
December 31, 1994, for $50,000, which does not include a
requirement of matching funds. If CAT rejects the contract, close
public access television on December 31, 1993 until a new bid and
contract can be offered. 'He stated he does not believe the City
should or could appropriate more than $50,000 for public access
television.
Bassett, seconded by vorsanger, made a motion to reject the Cable
Board's recommendation and offer to extend the contract with CAT
for $50,000 and give them until November 30, 1993, to accept.
Alderman Miller stated he would like to see included in this motion
provisions to offer access to lower income people and for school
childrento be required to be trained in the workshops. •
Alderman Williams stated he agrees with Alderman Bassett about the
government running public access television. However, he disagrees
on a -couple of points. He stated the City does have a Cable Board
that has struggled for several months and that does not want CAT to
run public access because CAT has turned down the contract. He
stated an article in CAT's publication, Litter Box, they stated
they were being forced in July to take a contract. Alderman
Williams stated the City did not force them. He stated he did not
November 16, 1993
know how much support was coming for public access television. He
has only received a few calls about all of this. He stated he
would support what the Cable Board has recommended, and he does not
want to see public access television closed down.
Alderman Bassett stated he was troubled by not following the Cable
Board's recommendation. But, Woody Charleton stated they would
have been in favor of awarding the contract to CAT if they had
agreed to operate the channel for $50,000.
Buddy Chaddick stated he has a problem with changing the contract
that has been under negotiation. None of the Cable Board wants to
run public access, but they saw no alternative except to shut it
down for six months. He is concerned that with as little public
input and interest that has been shown in public access, this
$50,000 might be better spent for additional police officers, etc.
They have had meetings after meetings on this contract. A4F could
still agree to the contract for another year, and they could say
yes, they will run public access. But, they said earlier there was
no way to run the channel for this amount of money. He has
received no calls in support of public access or for awarding a
contract to A4F.
Alderman Vorsanger stated by November 30, the City will know if CAT
will accept the contract. After that, the Council has another
decision to make.
Upon roll call, the motion to deny the Cable Board's recommendation
and approve Alderman Bassett's resolution passed by a vote of 5 to
3, with Williams, Odom, and Edens voting no.
RUBOLUFION 123-93 AO RECORDED IN TAE CITY CLERIC'S OFFICE
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OTHER BUSINESS
1994 BUDGET
Mayor Hanna stated a Council retreat meeting has been scheduled for
Tuesday, November 23 at 4:30-5:30 in Room 326 to discuss the 1994
budget. There will be a second retreat meeting on Tuesday,
November 30 after the Agenda Session. Additional retreats and
public hearings can be scheduled if needed. It is now planned to
present the 1994 budget to the City Council for adoption at the
December 21, 1993 meeting.
ADJOURNMENT
The meeting adjourned at 9:17 p.m.