HomeMy WebLinkAbout10/13/1998 ! �
Telecommunications Advisory Committee
City of Apple Va11ey
October 13, 1998
7:00 P.M. City Hall
Minutes
1. Call to Order
The meeting was called to order at 7:03 p.m. by Chairperson Bible.
Members Present: Dale Rodell, Rollin Bible, Jerry Brown, Scott Hugstad-Vaa
Members Absent: David Westbrook, John Magnusson
Others Present: Charles Grawe, Dennis LaComb, John Erar, Thomas Creighton,
Michael Bradley, Karen Sanderson (arrived at 7:09), Jane Bremer (arrived at 7:11),
Carol Wold-Sindt (arrived at 7:11)
2. Introductions
Those in attendance introduced themselves. Mr. Creighton introduced Mr. Bradley as a
new attorney with the firm Bernick and Lifson. Mr. Bradley will be working with Mr.
Creighton on cable franchise issues.
3. Franchise Renewal U�date
Mr. Creighton distributed a copy of a joint and cooperative agreement he prepared for
the Cities of Apple Valley, Farmington, and Rosemount. While much of the language
was boiler plate, Mr. Creighton identified several issues which need to be discussed--
number of inembers, division of inembership, distribution of votes, and division of
funding. Mr. Rodell asked what impact the joint powers body would have on the
existing Telecommunications Advisory Committee. Mr. Creighton responded the joint
powers body could replace the Telecommunications Advisory Committee or the
Telecommunications Advisory Committee could make recommendations to joint powers
members.
Mr. Creighton explained the Burnsville/Eagan joint powers body has four representatives
from each city. Mr. Creighton said he felt the Burnsville/Eagan body may be too large
and recommended three representatives serve from each city at most. Mr. Erar
suggested two representatives serve from each city.
Mr. Bible requested the scope of the joint powers body be explored before deciding on
an appropriate size. He noted that franchise issues do not constitute a large scope. Mr.
Creighton said the current language in the agreement speaks largely to dealing with the
� �
franchisee. Each city would continue to hold an individual cable franchise with the
company and the local advisory committees would still have their responsibilities. The
joint powers body would serve to make recommendations and hold public hearings on
behalf of the three cities. The joint powers body would thus serve to create efficiencies
for the company, which could attend meetings for the joint powers body, rather than
individual meetings for all three cities.
Mr. Rodell asked if Lakeville could be included in the future. Mr. Creighton said the
language allows Lakeville to be added as a member in the future. Mr. Bible asked how
the joint powers body would be dissolved. Mr. Creighton responded the budget process
allows members to withdraw. The joint powers would continue until the parties want it
dissolved. Assets will be divided in proportion to the most recent year's percentage of
contribution to the joint powers.
Mr. Erar suggested dividing votes such that Farmington and Rosemount would each
have one vote and Apple Valley would have two votes. Mr. Bible requested Mr.
Creighton prepare a number of options for membership and voting. Mr. Creighton
briefly explained what elements of other joint powers agreements were included and not
included in the draft presented to the Committee.
Mr. Creighton said he and Ms. Bremer have discussed the renewal issues and the
franchise is about 90% agreed upon. Ms. Bremer will be writing Mr. Creighton with
counter proposals on the outstanding issues over the next five to seven days. Mr.
Creighton said they have yet to reach an agreement on the capital grant issue. The
Lakeville franchise is scheduled for final approval tonight, which includes educational
and government PEG fees, but nothing for public access. The Apple Valley franchise
differs by relieving the company of the responsibility for providing public access. The
Fiberlink contract also needs to be incorporated back into the process.
Ms. Bremer said there have been no delays in construction of the new system. She said
the Lakeville agreement with Fiberlink can also be used in Apple Valley. She said she
met with Charter's general counsel on the franchise issues last week. Her instructions
from Charter are to complete the franchise within the next 30 days. Mr. Erar expressed
his concern that the 30 day deadline be honored.
Mr. Erar asked what provisions allow the City's use of some portion of the company's
fiber for data transmission or other purposes. Ms. Bremer said the Lakeville agreement
with Fiberlink addresses this issue. She also said the broadband design of the system
allows for uses other than television. Mr. Bible expressed his concern about writing
language about data networks into the cable franchise document. Mr. Creighton said
there may be interconnected networks over and above the cable television subscriber
network. He said he could try to negotiate internet access for the cities into the cable
franchise document. Mr. Erar said he didn't want the franchise agreement to exclude the
fiber backbone. Mr. Creighton clarified the cities require a broadband platform, but
wouldn't require some of the electronics until it is economically feasible. He also
explained there may be fees charged for the use of some of these services. Mr. Erar
requested Marcus provide the cities with bandwidth on the fiber network for data
services. Ms. Bremer responded bandwidth can be provided, but not free of charge. She
noted Lakeville didn't want their data on the subscriber network for security reasons, but
� •
wanted a point-to-point connection or a parallel network. Marcus will build and
maintain such a parallel network at about 80% less than what US West is charging
Lakeville over a 10 year lease. Mr. Creighton added that an institutional network could
also be negotiated and exists in some other Metro cities. There was brief discussion
about how the Fiberlink agreement would be separate from the cable franchise.
Mr. Bible set the next meeting for Tuesday, November 17, 1998. Mr. Creighton and Ms.
Bremer committed to presenting a franchise document to the cities at the meeting. Mr.
Creighton asked that the negotiating task force members be prepared to meet before the
meeting of November 17 to resolve any outstanding issues. Mr. Erar requested a report
from Mr. Creighton around November 1, outlining the progress on the outstanding
issues.
Mr. Creighton provided a brief update on the issue of the interconnect. He said
representatives from Marcus, Media One, Apple Valley, Burnsville, and Eagan discussed
interconnecting the cable systems. Mr. Grawe said he spoke with Mr. Roeder recently
and was told the physical connection of the systems would not be difficult, but that
issues regarding payment for services would need to be resolved.
Mr. Brown asked when cable modems would be available in Apple Valley. Ms. Bremer ''
said she expected them to be available by the end of the 1 st quarter of 1999. '
4. Adjourn
Mr. Rodell moved, seconded by Mr. Brown to adjourn the meeting. Motion carried
unanimous. The meeting was adjourned at 8:16 P.M..