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HomeMy WebLinkAbout02/12/1992 - Workshop Minutes City Council MINUTES COUNCIL WO~OP M]~G WEDge, ~ 12, 1992 4.~0 P.M. Mayor Ringer, Councilmembers Brown, Schneider, Birdwell, Gardner, Mc]Lhaney, Crouch City Manager Ragland, City Attorney Locke, Assistant City Manager Brymer, Executive Director Management Services Piwonka, City Secretary Hooks John Lauletta See guest register Mayor Pro-tern Brown opened the meeting. Staff removed consent Agenda Item No. 2.8 - Consideration of an ordinance ordering a general municipal election. This item was removed because of the incomplete list of election judges. Councilman Crouch commented on Consent Agenda Item No. 9..13 - Request for purchase approval of 55 trnfflc siqnal heads and mounting hardware, Bid #92-29, total expenditure $15,441.9.5. She congratulated the staff on saving $100,000 on this project. Councilman Birdwell noted that he will vote against the staff recommendations for the comprehensive communications study. Agenda Item No. 2 - Review m~d discuss Mulil~ Servioe Provldar Ms. Piwonka introduced this item. Present with her was Mr. Larry Monroe, the city's cable consultant. Ms. Piwonka pointed out recent changes to the ordinance. She highlighted the regulatory ordinance which sets standards for all multi-channel service providers and gives the council the ability to regulate if the council desires. Mr. Larry Monroe addressed the council. He made several introductory statements. He stated that the city is being sensitive to TCA's stated concerns and suggestions to this ordinance. He corrected the article written in the EAGLE newspaper today. City Council Workshop Meeting Wednesday, February 12, 1992 Page 2 Councilman Schneider arrived at the meeting. He emphasized that the ordinance provides no more than a five to ten cent increase per subscriber. Councilnmn Birdwell remarked that in l~s opinion it is totally unacceptable to charge a franchise fee on advertising or sales of items. Mayor Ringer arrived at the meeting. Mr. Monroe pointed out that Section 10 of the ordinance furnishes relief for MCS providers. He also pointed out that this ordinance win not have a current impact on TCA until the franchise agreement is negotiated with TCA in two years. City Attorney Locke summarized the sections pertaining to criminal and civil penalties. Mr. Monroe continued to summarize sections which TCA indicated areas of concern. The following sections were noted. Section 10 - NonExempt Providers seeking relief Section 15 - Resolution of conflicts between this ordinance and an existing franchise agreement Section 16 - Arbitration Section 17 - Criminal Penalties Section 18 - Civil Penalties Section 28 - Performance and Construction Completion Bond Section 40 - B~]tlug Practices Section 41 - B~]]~tg Credit or Refunds for Service Outages Section 45 - Customer Service Hours Section 82 - System Expansion for franchised MCS providers Section 90 - Authority's Policy with respect to safety requirements Section 91 - Provisions to alert subscribers in the event of an emergency; standby power Section 100 - Alternative User Charge Section 101 - Franchise Required; Exception Section 118 - Franchising Authority's objective with respect to Broad Categories of Video Programming Section 119 - Policy regarding the Provision of Seamless or See-through technology Mr. Monroe recognized the most widely expressed complaints by consumers at the public hearing was the issues of 1) additional outlet charge; and 2) converter box charges. He added that this ordinance gives the city the right to require a technology that would eliminate the need for converters on each individual set. City Council Workshop Meeting Wednesday, February 12, 1992 Page 3 Discussion continued. Mr. Randy Rogers, General Manager of TCA and Mr. Mark Palchick, Attorney for TCA addressed the Council. Mr. Palchick stated the concerns of this company are viewed with a S~erent approach. He referred to the phrase "annual gross receipts". He stated that the city is placing taxes on cable operators either directly or indirectly which is carried onto subscribers. Mr. Palchick discussed the orclinance requirement for a provider to locate an office within the city. He mentioned that the ordinance is not the proper document for this provision, the franchise agreement is a better tool. He continued to analyze sections of the ordinance that the company is in disagreement. Mr. Rogers commented on standby power. Mr. Palchick continued with his presentation. He mentioned that if the city decided to have its own cable company, it would be in the city's best interest to receive voters' consensus. He commented on the ordinance provisions for See Through Technology and the Construction Bonds. The council discussed Sections 40 and 41. Mr. Palchick ~-,cussed Section 118. He reported that this section as written is a violation of the first amendment and it is inconsistent with the intent of Section 642. The council expressed their comments on the intent of Section 118. Mayor Ringer referred to Section 19(b). He suggested that the statement include that the "city retains the power to re~cmlate or not to regulate the rates to approve the rates or charges associated with the .... " Ag~.da Item No. 3 - Council Concerns. Councilman McIlhaney asked ff Spring Loop and University will eventually have a tramc signal. Mr. Ragland stated that the staff will be coming to the council with a game plan on signalization and this intersection will be addressed. Councilman Gardner stated that the lack of lighting on Holleman, particularly the entrance to H.E.B. is a problem. He indicated that I-I.E.B. has a nice plaque at the entrance of their store embossed with the city councilmembers names. City Council Workshop Meeting Wednesday, February 12, 1992 Page 4 Councilman Crouch thanked the council for their support during the leadership retreat. She stated that she is looking forward to the future brainstorming sessions at the workshop meetings. Councilman Brown concurred. Councilman Schneider reported that the curb paintings throughout the city are inconsistent in color. He also noted that the poles at various parking lots are inconsistent. Councilman Birdwell noted that the city should place more emphasis on the streets, particularly because of the rainy conditions in the past few months. Mr. Birdwell brought up the library bond issue. Councilman Gardner stated that an unscientific survey might be useful to determine why people did not vote for the library in the last bond election. Councilman Crouch mentioned that she supported the need for public input on this issue. We also need to look at the plan before a site is established. Mayor Ringer rl~tributed to the council a copy of an editorial from the Battalion and a memorandum regarding ordinances being placed on the consent agenda. Agand~ Item No. 4 - City ~ Concerns. City Manager Ragland reported that Mr. Allon Fish of the Chamber of Commerce is in St. Joseph Hospital. Agand~ Item No. ff - Adjourn. The Mayor adjourned the meeting at 7:15 p.m. City Secretary Connie Hooks APPROVED: GUEST REGISTER CITY COUNCIL WORKSHOP MEETING WEDNESDAY, FEBRUARY 12, 199'~ 4:00 P.M 11. 12. 13. 14. Se 15. Se 16. 17. 18. 19. 10. 20.