00561. i
f
165th St. S.W. said the Council had an obligation to the citizens of Edmonds
to see they have good service, and he asked that Liberty's franchise be cancelled.
Mr. Lovett said he would like to return in two weeks with a construction timetable
and that he would like an extension of the agreement. The public portion of the
hearing was then closed.
Councilman Clement said a rate increase was to be effected without hearing as
long as it was CPI justified but it was required that Liberty adhere to the
Renewal Agreement, which they had not done. He asked about options to rescind
the rate increase or provide for a rebate. City Attorney John Wallace said there
is a revocation process that can be initiated if they have violated the terms and
conditions of the permit. Councilman Naughten said the franchise is based on
service and nothing had been heard but complaints about service and excuses.
He said he did not see any reason why they could not have paid the pole fees
under protest and continued service. Ike was concerned that the citizens should
get some service and he said Liberty had gone too long without providing it.
He felt a positive schedule should be provided immediately for service or else
the Council should proceed with a revocation hearing.Councilman Carns again
cited the System Completion section of the Renewal Permit, saying Liberty had not
done what was required, and he said he took exception to Mr. Lovett's statement
that he did not mean what he said at the February 24, 1976 meeting when he said
their agreement called for service to all homes in Edmonds by June 30, 1976.
Councilman Carns said it was in their agreement and based on that they were
granted a 25t per month increase. He felt Liberty was clearly in violation of
the agreement and that Liberty had no empathy for the citizens or the Council.
MOTION: COUNCILMAN CARNS THEN MOVED THAT THE COUNCIL SET FOR MARCH 21, 1978 A PUBLIC
(Failed) HEARING AS TO THE REVOCATION OF THE LIBERTY CATV FRANCHISE WITH THE CITY OF
.EDMONDS. COUNCILMAN GOULD SECONDED THE MOTION, REITERATING THAT IT WILL BE.A
SEPARATE AND PERHAPS DUPLICATE HEARING. Councilman Herb spoke against the motion,
saying this matter is at the Supreme Court level and Liberty is. just as convinced
they are right as PUD is that PUD is right. He felt there would be some justifi-
cation in giving Liberty a six-month or nine -month extension. He said it was
necessary to see what they do now that the litigation is about to conclude.
• Also, he said it was necessary to know what alternatives there were, especially
if the franchise were revoked, and how quickly someone else could take over the
franchise. Councilman Clement was against the motion because Liberty's motivation
between now and the hearing date would disappear and the people would get no
service during that time. He said he felt they deserved two weeks to provide
I a completion program and then if at any time they did not meet their schedule
then they should be given the 30 days'notice of a revocation hearing. Councilman
Carns said that if they presented a reasonable proposal at the March 21 hearing
the Council would be responsive to that, but Councilman Clement said that during
that six weeks period there should be a lot of hook-ups completed. THE VOTE WAS
I TAKEN,WITH COUNCIL MEMBERS CARNS AND GOULD VOTING YES, AND COUNCIL MEMBERS HERB,
MOTION: CLEMENT, ALLEN, NORDQUIST, AND NAUGHTEN VOTING NO. MOTION FAILED. COUNCILMAN
CLEMENT THEN MOVED THAT LIBERTY CATV BE INSTRUCTED TO PROVIDE THE COUNCIL WITH
A DETAILED IMPLEMENTATION PLAN FOR COMPLETION OF CABLE SERVICE IN THE CITY OF
EDMONDS AT THE MEETING OF FEBRUARY 21, 1978. COUNCILMAN CARNS SECONDED THE MOTION.
MOTION CARRIED. City Attorney John Wallace advised that there still had been no
formal request from Liberty CATV for extension of their Renewal Permit, and that
the Council had not granted any extension. A short recess was announced.
HEARING ON DESIGN REVIEW - "PARKSIDE WEST (FILE'PRD-4-77)
Assistant City Planner Noelle Charleson said this PRO was proposed in an environ-
mentally sensitive area which has steep slopes and heavily wooded areas. She
showed the location on a Zoning Map, noting that the zoning is RS-20 and that
this zoning was probably established to provide open space in this type of area.
She showed slides of the site, noting that there are two flat knolls with a
steep ravine running between them in an east -west direction. She referred to
the Policy Plan which states careless grading should be prevented in such areas
as this and thatnatural slopes should be protected. She said key questions which
EDMONDS CITY COUNCIL MINUTES
Page 5 - February 7, 1978