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HomeMy WebLinkAbout06/11/1986 - Workshop Minutes City Council MINUTES CITY COUNCIL WORKSHOP MEETING WEDNESDAY, JUNE 11, 1986 5:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: Mayor Ringer, Councilmen Bond, Brown, Boughton, Haddox, Jones Councilman Tongco City Manager Cole, City Attorney Locke, City Secretary Jones, Finance Director VanDever, Deputy Finance Director Schroeder, Water & Sewer Superintendent Luedke, Director of Public Services Miller, Electrical Technical Superintendent Lange, Admin- istrative Assistant Barnett, Admini- strative Assistant Magoon, Council Coordinator Hooks Agenda Item No. 1 - Council Concerns. No one spoke. Agenda Item No. 2 - City Manager Concerns. City Manager Cole distributed to council a revised summary sheet from the Finance Department for the working copy of the budget. The Finance Department has also prepared a memorandum in response to Councilman Brown's comments at a previous meeting concerning the increases in gas/oil, training/seminars, telephones, and audits/contracts. Mr. Cole noted that this will be discussed during the Regular City Council meeting Thursday night. Mr. Cole referred to Councilman Bond's inquiry concerning a walk- ing trail in Brison Park. He noted that this information is in- cluded in the council memo. Mayor Ringer stated that the Parks Board has discussed the possibility of holding a public hearing on this issue. Councilman Bond agreed that a public hearing should be held. 005690 CITY COUNCIL WORKSHOP MEETING WEDNESDAY, JUNE 11, 1986 PAGE 2 Councilman Boughton explained that the city purchased this park with the stipulation that permanent structures would not be built and this park would be left in the natural setting. She felt that the development of the trail would not be a problem with the terms of the contract. Aqenda Item No. 3 - Recommendation from the Franchise Advisory Committee. David Bagnall, Chairman of the Franchise Advisory Committee, pre- sented to council a summary of the proposed ordinance from McCaw Cablevision. He explained that McCaw feels they cannot offer a twelve channel package that would be economically feasible in terms with the franchise agreement; therefore, McCaw offered a five channel package with a proposed ordinance amending the franchise agreement. He further explained that the franchise advisory committee found weaknesses in the three amendments of the proposed ordinance and pointed out the following concerns. 1) The first amendment pro- vides that if effective competition exists in the city then all rate regulation of these channels under this franchise shall terminate on December 29, 1986. The committee is concerned that this area does not have effective competition and passing the amendment would "tie" the hands of the city in rate regulation and future control of the franchise. 2) The second amendment covers four channels instead of a five channel package and also gives the cable company the right to decide the quality of reception. In addition, the amendment describes off-the-air broadcast channels and does not speak of satellite-transmitted channels. 3) The third amendment by implication defines the five channel package as the basic package and the family package as extended basic which may jeopardize the city's future position with McCaw Cablevision. Mr. Bagnall said that the committee's recommendation is to reject the proposed ordinance; also, the city staff should contact the Federal Co~unications Commission for verification whether the city has effective competition in the area. He also recommended that McCaw, the city staff, and the franchise advisory committee work together to develop a proposal which will be suitable to both McCaw and the City. Councilman Bond asked if the committee sees a problem with the channels which McCaw describes in the proposal. Mr. Bagnall re- plied that the committee does not see a problem; he further stated that the committee does not wish to alter the franchise 005691 CITY COUNCIL WORKSHOP MEETING WEDNESDAY, JUNE 11, 1986 PAGE 3 agreement at all if possible, and said that the city should not undermine itself in the interpretation of the new agreement. Councilman Bond asked City Attorney Cathy Locke if she worked with McCaw in preparing this proposal. She replied that McCaw did not express an interest in negotiating a proposal with city staff and the proposal was prepared and submitted by McCaw. Bob Hendrickson, McCaw Cablevision, told Council that he is preparing a memorandum to the Franchise Advisory Committee and City Attorney stating McCaw's willingness to work together with the city. Steve Parker, a member of the Franchise Advisory Committee, stated that the committee's concern over the four channel offering is that the cable act and FCC defines the lowest level of service as "basic service". Mr. Parker explained that if council approved the proposal at this time, then the city would abandon the possibility of effective competition and significant input from subscribers on their choices of lower packages. Mr. Parker suggested a possibility for McCaw to present a 12 channel package which is allowed by the existing ordinance. Councilman Bond asked how many channels are in the family pack- age. Mr. Parker replied there are 29 channels. Councilman Haddox suggested the committee work forward with McCaw and come back to Council with a report. Mayor Ringer stated that he interpreted the Committee's memo to be a request that the Council take some type of action. He pointed out that the Committee recommended that a determination be made on the question of effective competition; he noted that the Council would have to direct the city staff to take the steps needed to obtain a ruling and make a verification. He mentioned the alternatives available to the council in relation to the pro- posed ordinance. Mayor Ringer explained that from his position as a former member of the Franchise Committee, he agreed with their recommendations. He reviewed the statement "all rate regulation of these channels under this franchise shall terminate on December 29, 1986" and pointed out that it should not be in- cluded in the agreement because this statement is based on the assumption that the city does have effective competition. Mayor Ringer also recalled an earlier meeting with McCaw when they were willing to add to the proposal statements that the economy package would not be the basic package. Councilman Bond moved to reject the ordinance as proposed. The motion was seconded by Councilman Haddox. 005692 CITY COUNCIL WORKSHOP MEETING WEDNESDAY, JUNE 11, 1986 PAGE 4 Councilman Haddox asked if the request for a different package came from citizens. Mayor Ringer replied that Bryan has the ba- sic package and there have been College Station citizens who ad- dressed the committee during the rate hearings and who would be interested in a smaller package. Mr. Bagnall stated that if there is a need for people to have the smaller package and it can be accomplished without jeopardizing the rate, then the committee would work to try to make this ser- vice available if possible. He referred to an opinion expressed previously by Councilman Bond and said that if the city cannot alter the franchise agreement without tearing it down, perhaps the city should maintain their current status. Councilman Boughton discussed some of the background of the pro- posal and pointed out that the Council had directed McCaw to pursue an agreement for a five-channel package. Mayor Ringer stated that a motion had been made to reject the proposal and that by implication it included direction to the committee and McCaw to continue to seek a mutually suitable pro- posal. The motion was approved unanimously, 6-0, with Councilman Tongco absent. Mayor Ringer asked if the Council desired to direct the city staff to follow-up on recommendations from the franchise com- mittee in regard to effective competition. He explained the reasons that this determination should be made. Mr. Steve Parker reported that the FCC has been receiving petitions for relief, from various municipalities who are in large measure in the same situation as College Station in regard to rate regulation. Councilman Bond asked if the test done by the FCC is with rabbit ears. Mr. Parker replied affirmatively and stated the basis of the test used as the FCC's determination of the broadcast radius. Councilman Haddox asked Mr. Parker if the committee feels that effective competition does not exist. Mr. Parker replied affir- matively, but pointed out the need for an investigation using advanced engineering data. After further discussion by the Council, Councilman Brown moved to direct staff to consult with the Federal Comunications Com- mission concerning effective competition and also encourage McCaw to conduct a citizens survey and report back to Council. Councilman Boughton seconded the motion which was approved unan- imously, 6-0. 005693 CITY COUNCIL WORKSHOP MEETING WEDNESDAY, JUNE 11, 1986 PAGE 5 City Manager Cole asked for clarification and asked if this pro- ject would entail hiring a technical consultant to conduct the tests. Mayor Ringer replied affirmatively. Agenda Item No. 4 - Discussion and Consideration of Proposals for the College Station Branch Library. City Manager Cole stated that Cindy Magoon of the city staff had prepared data sheets on proposals received from and negotiated with property managers for the three proposed sites. He noted that Bryan City Librarian Clara Mounce was present to answer questions from the Council. Councilman Haddox asked if expandable space at Shiloh Place would be available immediately. Ms. Magoon replied that the area next to the leased space would not be immediately available. Council- man Haddox also questioned if the taxes and insurance were in- cluded in the total costs. Mr. David Alexander replied that the lessee pays its pro rata share of increases in taxes and insur- ance after the first year. Councilman Haddox asked if the space is expanded from 3320 sq. ft. to 5,070 sq. ft., would the rate stay the same on the finish-out. Mr. Alexander replied affirma- tively. David Ekroth, a member of the Library Committee, expressed his point of view of the three sites. He stated his opinion that Shiloh Place has the best advantages because of expandability, visibility, and parking accessibility. Clara Mounce, Bryan City Librarian, expressed her thoughts on the possible location for the library. She noted that much hard work and time has been involved in locating a library site. She stated that she felt Shiloh Place had desirable characteristics and the area would be sufficient for a library. Steve Hansen, representing Park Place Plaza, said that he ap- preciated the opportunity to make a proposal for the proposed library. Mr. Hansen stated that there is accessible parking in the area and the 4000 sq. ft. finish-out would be completed immediately, with a savings of $8400.00. Councilman Haddox asked the staff and library committee if they have a firm commitment on a library site. Mayor Ringer summa- rized the committee's feelings that all of the sites would be ac- ceptable and the committee would like for council to make a de- cision. Councilman Boughton moved approval of the Shiloh Place proposal for the temporary library. Councilman Brown seconded the motion which was approved imously, 6-0. 0056 94 CITY COUNCIL WORKSHOP MEETING WEDNESDAY, JUNE 11, 1986 PAGE 6 Mayor Ringer expressed his appreciation for the three individuals who submitted their proposals and he thanked the library com- mittee members for their hard work and dedication. ~enda Item No. 5 - Presentation of the results of the insurance study performed by Self Insurance Resource~ Inc. Mayor Ringer removed this item from the agenda. ~genda Item No. 6 - Consideration of approval for all decision packages of the utility and sanitation fund. City Manager Cole noted that members of the utility and sanita- tion staff were available to answer any questions the council may have. He reminded the Council that the only decision packages recommended are those indicating funds under the balance column. Mayor Ringer questioned if both the utility fund long term dis- ability and the sanitation fund disability equal $5,850.00. Mr. VanDever replied there is a typographical error and only the utility fund should state $5,850.00 Councilman Boughton moved approval for all decision packages for the utility and sanitation fund. Councilman Brown seconded the motion which was approved unan- imously, 6-0. Agenda Item No. 7 - Adjourn. Mayor Ringer adjourned the meeting at 6:25 p.m. ATTEST: APPROVED: ~yor 6ian ~on~ity Secretary 005695 GUEST REGISTER Workshop City Council Meeting Wednesday, June 11, 1986 5:00 P.M. 18. 19. e 20. 21. 22. 23. 24. Se e 10. 25. 26. 27. 11. 28. 12. 29. 13. 30. 14. 31. 15. 32. 16. 33. 17. 34. 005696