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HomeMy WebLinkAbout01-24-1983 MinutesMINUTES PASCO CITY COUNCIL SPECIAL MEETING JANUARY 24, 1983 CALL TO ORDER: Special meeting was called to order at 8:21 p.m., by Mayor E. A. Snider. ROLL CALL. By Deputy City Clerk Councilmen present were: Susan Boothe, Charles Grigg, Ira Schmidt, E. A. Snider, Joe Jackson and Emerson Morgan. Councilman Beverly Green was absent. Also present were Leland F. Kraft, City Manager and Greg A. Rubstello, City Attorney. VISITORS: There were no visitors wishing to address the council at this time. PUBLIC HEARING: MAYOR SNIDER DECLARED THE PUBLIC HEARING OPEN FOR COUNCIL CON- SIDERATION ON THE PROPOSED NEW CABLE TELEVISION FRANCHISE AND ORDINANCES RELATING THERETO City Manager Lee Kraft called on Les Page, Pasco's cable tele- vision consultant to brief council on the plan being submitted. Mr. Page explained that a progressive ordinance franchise agree- ment is being proposed and it is one that is acceptable to the incumbent franchisee. 1) The CATV plan describes what the operator should provide and is willing to provide. 2) The Enabling Ordinance makes it possible for a cable tele- vision system to exist in the city and for any other future applicant who might be interested. 3) The Franchise Ordinance is an award ordinance setting forth specifications. It incorporates the Enabling Ordinance, the CATV plan and two resolutions. For economic reasons, a 15 year franchise should be awarded. The system will expand to 54 channels at a future time. The incumbent franchisee is required to actively support local origination. Mayor Snider expressed a strong desire to make use of the incumbent's facilities to educate the community on the local drug problem. The city must take an active role in this he emphasized. Mr. Orville Olson, Chairman of the Citizens Cable Television Committee, stated that he felt the proposal was a fair one for adoption by the city. Mayor Snider commended the committee for their long hours of work Ron Asplund, Manager of Columbia Television, stated that the proposed new system was going to be the best system east of the mountains and perhaps in all of Washington and Oregon. Homer Harmon, Western Vice President of Micro Communications commended the city and the committee for their hard work. Visitor Howard Huhs, 1315 West Sylvester, Pasco, thanked Les Page for all his work but stated that he didn't want to lose the three Spokane stations. MINUTES PASCO CITY COUNCIL SPECIAL MEETING JANUARY 24, 1983 PUBLIC HEARING CONTINUED: Mr. Page replied that there will be a trial period only starting February 11 and running for 10 days. (A survey in Richland found 84% in favor of getting rid of the three Spokane stations and 16% in favor of keeping them). At the end of the trial period sub- scribers will mail in cards with their responses. The replacement programs during the test will be ESPN, Nickelodeon and Cable News Network (CNN). A letter will be mailed to all subscribers explain- ing the test offering of three replacement programs in lieu of the Spokane channels. Greg Rubstello, ,Pasco City Attorney, advised that future expansion of the system would make it possible to carry the Spokane stations again should the demand be great enough. The regulatory scheme provides for the cable company to poll subscribers once a year as to programming and what alternatives are available. Mayor Snider and Councilman Morgan emphasized that the vote con- cerning the three Spokane stations should rest with Pasco sub- scribers only, since the City of Pasco spent all the time, money and effort to develop and negotiate such a progressive franchise while the City of Kennewick chose not to participate. Mr. Harmon advised that it would be possible to provide separate programming for each city if necessary, but it would be an extra expense. Councilman Grigg and Mr. Rubstello questioned whether the 10 day trial period was long enough, and Mr. Kraft suggested a three week trial period. Mr. Asplund said that a longer period was considered but it was felt that a better response could be gained with a shorter time trial. Councilman Grigg then suggested a one month period but with two mailings Instead of one. One card to be mailed to the subscribers explaining the changes that would be taking place, and a response card to be mailed in the fourth week for subscribers to mail in. These cards could possibly be inserted with the monthly billings. Mr. Rubstello then asked Council to Incorporate the following changes in the Enabling Ordinance: 1) At the top of page 32 where it states, "the written permission of the owner," should be changed to read "the permission of the owner," omitting the word "written." There is provision that if later on, for whatever reason, the City decides that there should be a written agreement then the City of Pasco can require it. 2) On page 36, in Section 12.6(B) INDEMNIFICATION TO CITY, line three where it states, "the grantee shall," insert the language "upon the request of the city." The language does not change the essential provisions. This is so Columbia Cable does not automatically have to secure a bond unless the City feels it is necessary. Due to the cost of publishing the Enabling Ordinance, it was decided that council would pass a Summary Publication of the ordinance. Because the Summary Publication was not ready for Council approval at this time, it will be submitted to the Council at their February 7, 1983, Regular Meeting. Should the Council adopt the CATV Enabling Ordinance this night, it would not become effective until after the Council approved the Summary Publication. After three (3) calls from the Mayor, the public hearing was declared closed. MINUTES PASCO CITY COUNCIL SPECIAL MEETING JANUARY 24, 1983 ORDINANCE NO. 2428: AN ORDINANCE GOVERNING THE CONSTRUCTION, OPERATION, MAINTENANCE, REGULATION AND CONTROL OF CABLE TELE- VISION COMMUNICATIONS SYSTEMS WITHIN THE CITY OF PASCO. (CATV ENABLING ORDINANCE) Ordinance No. 2428 was read by title only. Mr. Grigg moved to adopt Ordinance No. 2428, which is a CATV Enabling Ordinance governing the construction, operation, maintenance, regulation and control of cable television communication systems within the City of Pasco. Seconded by Mr. Jackson. Mr. Rubstello reminded Council that an amendment must be made that the ordinance will not be published until the Summary Publication is before Council and approved. Mr. Grigg made the motion to incorporate said change and was recognized by Mr. Jackson and seconded. Motion carried by roll call vote of six (6). ORDINANCE NO. 2429- (FIRST READING) AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, GRANTING A NON-EXCLUSIVE RENEWAL FRAN- CHISE TO MICRO-CABLE COMMUNICATIONS CORPORATION FOR THE INSTALLATION, CONSTRUCTION, OPERATION, AND REGU- LATION OF A CABLE TELEVISION SYSTEM FOR PASCO. A first reading of Ordinance No. 2429 was read by title only. Councilman Grigg moved to give a first reading to Micro-Cable Communications Corporation (doing business as Columbia Tele- vision Company) for the installation, construction, operation and regulation of a cable television system for the City of Pasco. Seconded by Councilman Schmidt. Motion carried by roll call vote of six (6). Mr. Rubstello said that state law provides there must be five (5) days between your initial consideration and the passage of this ordinance. It will be on the agenda at the February 7, Regular Meeting. MISCELLANEOUS COUNCIL DISCUSSION: None. ADJOURNMENT. There being no further business, Councilman Morgan moved to adjourn. Seconded by Mrs. Boothe. Mpti nr-tarried. Meeting -/ )_g1-2ehT/ti adjourned at 9.17 p.m. Snider, Mayor ATT : 41. hi_ Akt At i MOIL Corine M. Garrison Deputy City Clerk PASSED AND APPROVED this 7 day o 1983.