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09/27/1994 - City Council Special
V. OTHER BUSINESS VI. ADJOURNMENT AGENDA SPECIAL CITY COUNCIL MEETING Tuesday September 27, 1994 5:00 p.m. Eagan Municipal Center Lunchroom I. ROLL CALL & ADOPTION OF AGENDA II. RESOLUTION RE: PROPOSED LEGAL CITATION SYSTEM III. MUNICIPAL CENTER EXPANSION & REMODELING W. JOINT BURNSVILLE/EAGAN CABLE COMMISSION MEETING (Includes Burnsville City Council) !6ii!Iry city of eagan TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 23, 1994 SUBJECT: SPECIAL CITY COUNCIL MEETING/TUESDAY, SEPTEMBER 27, 1994 At a recent regular City Council meeting, action was taken to schedule a Special City Council meeting for Tuesday, September 27, 1994, at 5:00 p.m. The original purpose for the meeting included: 1) a review of the design and development for the municipal center expansion remodeling project and 2) to meet with the Burnsville City Council and members of the Joint Burnsville /Eagan Cable Commission. Added to the agenda is a resolution addressing the impact on the City of Eagan if the U.S. Justice Department is allowed to proceed with a legal citation system. The impact of this action would be felt by the City's largest employer, West Publishing. Resolution Re: Proposed Legal Citation System Mayor Egan was contacted by a representative of West Publishing and asked to write a letter to the Honorable Janet Reno, Attorney General of the United States Department of Justice, expressing concerns about a proposed legal citation system mandated and controlled by the government. The representative of West Publishing reviewed the issue and distributed sample letters at the Eagan Rotary Club meeting on Wednesday, September 21, asking that letters of objection to the proposed legal citation system be sent to the Department of Justice. On Thursday, September 22, the City Administrator was contacted by John Nasseff, West Publishing, and invited to a meeting that included a 35 minute videotape message by Vance Opperman and an in- person discussion by a representative of West regarding the impacts on their corporation if the Department of Justice is successful in implementing a government - controlled legal citation system. At the direction of Mayor Egan, a resolution has been prepared for Council consideration; a copy is enclosed on pages _Ly through £. Also enclosed on pages through is a letter from Mayor Egan expressing his thoughts about the issue. For background information, enclosed on pages 3 through / are copies of newspaper articles appearing in both the Star Tribune and the St. Paul Pioneer Press MEMO dated September 20, a fact sheet for personalized letters prepared by West Publishing and a copy of an immediate press release that was sent out on September 2 by the Department of Justice. Also enclosed on pages / 5 /S a copy of a letter that the Chairman of the Board of West Publishing, Dwight Opperman, sent to all West Publishing employees and retirees. ACTION TO BE CONSIDERED ON THIS ITEM: To approve /deny a resolution with or without modification as presented. If the resolution is given approval, the City Administrator will send a memo to all the advisory commission members, particularly the Economic Development Commission, and place an information article in the employee newsletter informing both groups of the Department of Justice's intentions and the impact on West Publishing. Information will be provided by the office of the City Administrator to anyone who would like to write an individual letter to the Attorney General. MUNICIPAL CENTER EXPANSION & REMODELING The architect has completed his work on the design and development phase for the expansion and remodeling of the municipal center building. The next step in the process is for the City Council to review alternatives and provide direction on light fixtures, colors, materials, display cases, furnishing concepts and audio - visual concepts for the City Council Chambers and other general public common space, such as the outer lobby. The architect will provide the City Council with display boards at the work session on Tuesday. An audio - visual program summary is enclosed on pages /6.through AV display boards will also be provided at Tuesday's meeting. Once the final direction is given, it is then appropriate to direct the architect to prepare final plans and specifications before the bid phase. ACTION TO BE CONSIDERED ON THIS ITEM: To provide direction to the architect regarding the final design standards for the City Council Chambers and public common space and to provide direction to the audio - visual consultant regarding the program summary. JOINT BURNSVILLE /EAGAN CABLE COMMISSION MEETING The last joint meeting of the Burnsville /Eagan Cable Commission with both City Councils present was held in Burnsville on March 22, 1993. It is felt that such a meeting has value to both Cities and a joint meeting was scheduled for 7:00 p.m. as a part of the workshop session. For information pertaining to the joint meeting, refer to a memo pre ar d by Mike Reardon, Cable Coordinator; a copy is enclosed on pages 2L through d . The agenda for this portion of the meeting will include: 1) introductions; 2) Cable Commission 1994 activity report; 3) rate regulation update; and 4) federal legislation update. Other information requested by the City Council as a part of the budget review as it pertains to the cable operations is enclosed without page number. OTHER BUSINESS There are no items to be given consideration under Other Business at this time. ADJOURNMENT It is anticipated that adjournment will occur approximately 8:00 -8:30 p.m. /S/ Thomas L. Hedges City Administrator 3 WHEREAS, The City of Eagan supports free enterprise and favors an open and competitive market in which services are provided in a high quality and accessible manner, and WHEREAS, government intervention is inappropriate where the private sector can adequately provide products and services, and WHEREAS, West Publishing provides high quality legal information in a creative and reliable fashion within a competitive market, WHEREAS, West Publishing is an employer and taxpayer in good standing in Eagan, Minnesota and provides employment for thousands of talented, professional workers, NOW, THEREFORE, BE IT RESOLVED that the City of Eagan strongly opposes the creation of a new, nationalized, state mandated, electronic legal citation system, and a government operated, state - mandated legal information database, BE IT FURTHER RESOLVED that the city of Eagan strongly urges the Department of Justice to forego its efforts to usurp the administration of products and services already provided by the private sector at a reasonable cost and of high quality in a competitive, taxpaying environment. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN RESOLUTION `f CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do Hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 1994. S E.J. VanOverbeke, City Clerk City of Eagan September 23, 1994 city of eagan The Honorable Janet Reno Attorney General of the United States Department of Justice Tenth Street and Constitution Avenue N.W. Washington, D.C. 20530 Dear Attorney General Reno: I am the Mayor of Eagan, Minnesota, home of West Publishing Corporation, one of the largest producers and marketers of law books and computerized legal information in the world. I am also a private attorney who depends on a reliable and efficient source of legal information on a daily basis. I am a taxpayer. I am a very concerned citizen. Under these circumstances, I am hardpressed to believe that many individuals, other than those directly involved in electronic legal research, could be more concerned than I in discovering the U.S. Department of Justice's interest in creating a publicly financed, publicly managed and /or publicly regulated data base of judicial opinions. Long before I began practicing law and, indeed, even before graduating from law school, I was incredibly proud that a Minnesota based company, i.e. West Publishing, could create such a remarkable system as the West Key Index System almost universally recognized in the legal community. Through innovation and technology, West Publishing has become a world leader in the efficient and dependable dissemination of electronic legal research. I, myself, have personally witnessed Circuit Court opinions received through the wires by West Publishing the date of the opinions, annotated and even corrected in some cases, as the circumstances warranted. The free market competition for this dependability and efficiency amongst West and its competitors is incredibly intense. If there is a lack of affordable electronic legal research available to legal scholars, public interest groups or other users of electronic information which would justify a new Federal Judicial Opinion Data Base, it certainly has not been made apparent to me in my law practice or personal life. Considering the well earned prestige afforded systems of legal citation existing in this country, I find a federally financed, operated and regulated system of citations incomprehen- sible. If the reasoning behind this is primarily the cost of electronic legal research, I am mindful of how much the cost of computer hardware and software has dropped when the competitive elements of the free market system were allowed to run their course. MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN. MINNESOTA 55122.1897 PHONE: (612) 681-4600 FAX: (612) 681 -4612 TDD: (612) 454 -8535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity /Affirmative Action Employer T 7 THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTEP Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (612) 681.4300 FAX: (612) 681-4360 TDD: (612) 454 -8535 The Honorable Janet Reno September 23, 1994 Page 2 In conclusion, it is my opinion that no group in this country needs a federally financed, regulated or managed data base of judicial opinions. If the existing system is not broke, don't fix it. I respectfully request that your department very seriously consider the consequences of such actions. Thank you sincerely for your favorable consideration in this matter. Very truly yours, Thomas A. Egan Mayor, City of Eagan TAE:DLP Star Tribune, September 20, 1994 Reprinted with the permission of the Star Tribune West Publishing urging g g workers to write to Reno Executives oppose government's plan to offer computerized legal information By Ann Merrill West employs about 6.000 workers Staff Writer nationwide. most of them in Min- nesota. Executives at West Publishing are asking employees to write letters to Opperman said employees are U.S. Attorney General Janet Reno aghast" at the proposal and have to oppose the government's interest been responding to the company's in developing a computerized legal plea for personalized letters. research system that would com- pete with private companies. West also has suggested to employ- ees that letters from friends. family "It's a life and death matter," members or associates also will Dwight Opperman. chairman and help the company fight the pro - chief executive officer of the Eagan- posal. based legal information provider. said Monday. It makes no sense for Until last fall, West leased case law the government to spend millions information to the JURIS system. a to duplicate a system that already legal database available only to works. he said. Such a move would 15.000 government employees. cripple companies, he said, and However. West pulled out of the Icad to massive layoff's. system and has fought attempts by at least two public interest groups "It's a horrible crime to have the that wanted to open the database to government try to put you out of the public. One group. called the business." he said. 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F! . : 3 c u_ ,.: 9 Fact Sheets for Personalized Letters Opposing a Federal Government - Sponsored Public Domain Legal Citation System NOTE: Try to keep your letter to one page, if possible. Use your own words. Do not feel obligated to include every argument, but instead, take on one, or a combination that means the most to you, based on your views and experiences. In addition, try to discuss your own role at the company, drawing on your background and expertise to provide a personal, real -life perspective on each of the points you raise. The current system of legal citations isn't broken and doesn't need fixing. • It reflects vigorous free market competition between more than 65 companies. • The Harvard Bluebook provides suggested citation formats and rules for citing to practically every source of legal information, print or electronic, and is accepted by virtually every court in the nation. • West Publishing has no monopoly on legal citations: a recent study of 101 federal and appeals courts found only 15 purporting to require West citations and even those indicated they would accept a citation from any reliable source. • West does not object to the use of its citations and allows even its competitors to use them as a matter of course and at no charge. • Anyone can access West publications for free at more than 3600 law libraries across America. Citizens have full access to the law under the current system. A federal citation system reinvents the wheel, not government. • It would require adding massive volumes of new cites to the hundreds of thousands of existing legal documents, and every new legal writing that appears in the future. • It would add to the already crushing workload of judges, lawyers, scholars, and the researchers, editors and authors of legal writings. • It would add to the sheer volume, storage, logistics and administration of all legal writings, from court opinions to legal briefs to law review articles. • It would make legal writings even less readable than they already are. A federal citation system and/or public domain legal database is a waste of tax dollars. • Development and maintenance will cost at least tens of millions of scarce taxpayer dollars. • It amounts to a taxpayer subsidy of filers of legal briefs (primarily attorneys and law firms), who can either afford a private citation source or get one for free through a law library. • It diverts tax dollars from vital services such as law enforcement, health care, environmental protection and other social imperatives. • It creates a massive new federal bureaucracy. (over, please...) A federal citation system and/or public domain legal database are elitist; it will make the law less accessible to the public. • It will only be available electronically, which excludes anyone who does not have a computer and modem, who lacks the skill to conduct electronic searches, or who is accustomed to doing research on paper. A federal citation system is less intellectually honest than the current system. • The present system enables a judge to know what legal publication or service was the source of the information in a legal brief, and whether it is reliable. Under a federal system, judges will have no idea what source was used. A federal citation system and/or public domain legal database will squelch private sector innovation. • West's citation system was developed from creativity, innovation and hard work on the part of thousands of our employees. • No business will make such an investment again if it faces federal government intrusion into the free market and the subsequent end of competition. • The ultimate victim will be the consumer, who will no longer benefit from the user - friendly systems developed by companies such as West, since the sole source of citations will be a government/monopoly which will not have free- market incentives to make anything user - friendly. • The federal citation system and/or public domain legal database will undermine private sector utilization and promotion of the "information superhighway" because they attack -- in a very high profile manner -- the intellectual property protections of a successful information industry. A federal citation system will create the possibility of government censorship. • It makes the Department of Justice and its political appointees the sole "official" source of legal information that can be used in filing legal documents. • There would be nothing to stop an extremist senator (on either the right or the left wing) from passing an amendment prohibiting inclusion of a controversial case involving abortion, gun control or gay rights, for example, from the federal government's citation system, thus effectively excluding it from any usage in a courtroom. • It gives the executive branch authority over information involving the operation of the judicial branch, thereby undermining the Constitutional principle of separation of powers. // FOR IMMEDIATE RELEASE FRIDAY, SEPTEMBER 2, 1994 Mpartrunt of �1u��irE JMD (202) 616 -2765 TDD (202) 514 -1888 JUSTICE DEPARTMENT SEERS IMPROVED PIIALTC ACCESS TO COURT RULINGS WASHINGTON, D.C. -- The Justice Department today said it would explore ways to improve public access to federal court opinions, especially by computer, to make legal research more affordable for scholars, public interest groups and users of electronic information. Currently, most electronic research is done by leasing access to privately owned systems, such as WESTLAW and LEXIS, that electronically search through data bases of federal cases and other materials. Attorney General Janet Reno said that the Department had received considerable correspondence from members of the legal community concerned about the high cost of electronic access to ju..cial opinions and the present propriety system most often used to cite federal cases. Reno said the Department is evaluating various.existing non- proprietary methods of citing cases to develop a unified,. comprehensive approach acceptable to federal and state courts, attorneys and legal researchers. The Department is also L exploring the possibility of a publicidornain data base of federal and state judicial opinions. Comment and suggestions from the public are invited, and should be directed to Kent Walker, Counsel to the Deputy Attorney General, U.S. Justice Department, Washington, D.C. 20530. At the same time, the Department said it would shortly solicit bids for a computeri2ed legal research system for its own lawyers. The prospective contract would last one year, with four annual options to renew the contract. Because of the relatively short contract periods, the Department expects that the prospective contract would not delay a decision on a new public citation system. 94 -501 2 /-3 September 14, 1994 West Publishing Corporation 620 Opperman Drive Eagan, MN 55123-1396 Dear Fellow West Publishing Employee/Retiree: DWIGHT D. OPPERMAN Chairman & Chief Executive Officer Believe it or not, the federal government is actually considering going into our business, in direct competition with West Publishing. On September 2, 1994, the U.S. Department of Justice announced it is "evaluating" various citation systems with the intent "to develop a unified, comprehensive" federally -run system of legal citations to be the sole system used by federal and state courts. The Department is also "exploring the possibility of a public domain database of federal and state judicial opinions." At a time when the federal government is supposed to be reinventing itself, it is instead considering reinventing the wheel. In all my years as a businessman, I have never seen a more ludicrous and outrageous idea. This is an assault on the innovation, enterprise and hard work of every employee of our great company. WE MUST FIGHT BACK! Now, before this proposal gets too far down the line. If you agree, I urge you to send a letter to Attorney General Janet Reno voicing your strong objection to any government- created public domain legal citation system, and to a government -run public domain legal database. As a West employee, you should feel proud of producing high quality products which have allowed the legal citation system to work well for over 120 years. As an employee and a citizen, you should be concerned about a proposal which is not needed. This proposal creates a massive new federal bureaucracy and is a waste of taxpayer dollars. This system also opens the door to government censorship by giving the executive branch control over information involving the operation of the judicial branch. Enclosed you will find fact sheets for writing your own personalized letter to Attorney General Reno. I strongly encourage you to write one in your own words, using some or all of the arguments we have provided. A personalized letter is always best. If you write one, please send us a copy so we can distribute copies of these letters to other interested parties. However, if you do not have the time to write your own letter, please sign the enclosed form letter, mail it, and send a copy back to us. Although you are certainly not required to do this, it will be of enormous value in trying to nip this misguided move in the bud. (over, please...) X41 ee,.. n Thank you so much for your time and assistance. By writing you can make a real difference. Over the weeks and months ahead, we will continue to ask for your help in this very important battle. If you have any questions, please contact your department manager. Sincerely, e 6 )//-e4A - ci4/ - Dwight D. Opperman would be w , please P.S. If you have friends, family members or c The more letters, he our es copy these materials and encourage them to do so. of success. Control Room and Technical Operation The existing Control Room equipment will be relocated from the existing corridor to the new Control Room immediately north of the new Council Chamber. The improved space will provide a location for future equipment expansion and serve as the central control facility for both the new Council Chamber and the Community Room. The technical design will continue to allow for only one technical operator. Existing Equipment Re -Use Summary: All equipment in the current Control Room will be reused either in the Community Room or in the new Control Room. It should be noted that 85% of the value of the existing system is in the existing Control Room. It is anticipated that no equipment (other than some hookup cable) will be discarded in the re- design and transfer process. able Television (and Video Transcription) Coverage Four cameras will be provided for coverage of individuals during meetings. Three cameras will be new, one will be relocated from the existing Chamber. Cameras are located such that the new Council Chambers can be used for multiple activities in a variety of arrangements with full video coverage. Two cameras will be mounted in the ceiling over the north dais area for graphic materials coverage. One is used for the visitor's presentation area (10 "x10 ") and one is used for the staffs presentation area (24 "x36 "). One camera is new and one is relocated from the existing Chamber. A new automatic microphone mixing system will be used. Performance will be improved over the existing system due to increased control over room acoustics. Microphones will be built into the presentation wall at each end to pick -up standing presenters. This will eliminate the requirements for a wireless microphone at this location. A wireless microphone will be provided for use with other room activities. (,ONSUI_TANTS AND DESIGNERS I'F °p EEEC=TRO \IC INF�JRMAf IJN SV'lll Mti • AN(1 :Mr o TI (VN Ij(dl 40 MACKUnw SrRrFI SAINT PAUL. MINNESOTA 55102 (612)292 -1035 (612)292 -1063 FAx 1.4 l Sent: 9/23/94 15:08:50 Electronic Interiors, Inc 3 of 5 Existing Equipment Re -Use Summary: Two out of five cameras in the existing Council Chamber will be relocated and reused in the new Council Chambers. The remaining three will remain in service in the new Community Room. The reasons are as follows: • The Community Room is to be used as an overflow space for the main Chamber. In order to cover the participants in that room for interactive dialog, two coverage cameras will be required. • The Community Room is to be provided with a mechanism for presenting graphic materials. The remaining camera will be used for this purpose. • The Community Room is to be used with informal meetings, training sessions and public meeting activities. For this, a portion of the sound system will remain. The microphones at the existing dais will remain and be utilized. The existing loudspeakers will remain and will be used to amplify sound from the new Council Chambers to the overflow crowd. They will also be used for other meetings within the Community Room. One existing VCR is to be retained in the Community Room for training, presentation and general use. • In the new Council Chamber it will be desirable to take advantage of the latest camera technology which will allow for higher quality images with lower levels of light. By using the most current technology, the lighting that is necessary for illuminating the faces of people seated at the dais can be reduced while still retaining a quality cable -cast image. New Council Chambers Materials Presentation Areas The new Chambers will be somewhat enhanced from the existing Chambers in that four presentation locations will be provided. Two are dedicated for visitor's use, one location is dedicated for staff use and the fourth, the presentation wall, may be used by anyone. 7 The first location is for the visitor that is not using a wheelchair and who wishes to make an oral presentation without using graphics materials. This would be at the front - center lectem. This location will be provided with a microphone, but without a facility for graphic presentation. This standing type of presentation will likely be the most common. A wheelchair bound individual or a visitor who wishes to make both and an oral and visual presentation may do either at the second location; the east lectern. This location will be used for graphics materials that are 10 "x10" or smaller. The east table -top lectern location is designed to be quickly removable for wheelchair (or other seated presentation) access. Normally, the table -top lectern will be left in place for standing presentations. The third location is a dedicated area for staff that measures 24 inches high by 36 inches wide. This is located within the eastern part of the staff seating area for easy and seated access to the presentation materials. R -93% 09 - 23 - 94 03:06PM P003 #49 Just to the north of the east lectern is the fourth location, the presentation wall. This position will be more appropriate for presentation of large drawings or maps. Microphones will be built into the wall and ceiling so that a presenter can move freely about the area without having to handle a microphone or clip on a wireless microphone. In addition to camera coverage of graphics, a PC type computer will be provided at the staff position so that computer based materials can be presented. These materials may include graphic agendas, computer generated drawings, text or spreadsheets. A VHS VCR is also provided which is dedicated for staff usage strictly for playback of presentation materials. In- Chamber Visual Displays The new Council Chamber is serviced by four types of visual displays. The primary display is a single 72 inch high by 96 inch wide high- resolution projection screen and video /data projector oriented toward the majority of the west audience area. The screen will retract into the ceiling when not in use, and will not block the view of the audience or individuals at the dais. The second type of display is a single 21 inch high by 28 inch wide video /data monitor adjacent to the presentation wall. This monitor not only serves the east audience, but doubles as a primary display when seating is rotated to the northeast for special meetings that are focused on the presentation wall area. The third type of video /data monitors are twin 18.5 inch high by 25 inch wide monitors mounted low in the front of the main dais. The tops of these monitors will be only about 30 inches above the floor. These monitors serve the front rows of the audience and non - presenting staff table. The final type of monitor used will be multiple 8.5 inch high by 11 inch wide computer type monitors embedded in the main dais for use by people seated there. Millwork will be designed to produce the least intrusive monitor placement in order to retain good writing areas. In addition to these monitors, there will be three lobby monitors in public hallways plus two of the four existing monitors in the Community Room for use both with overflow and local video requirements. Existing Equipment Re -Use Summary: The four larger monitors installed in the existing Chambers are good quality monitors in good condition. The two monitors near the floor on the ends of the main dais extensions are to be removed since the desk extensions are to be removed. These monitors will be re -used in two of the three lobby locations. New monitors will be provided for the new Chambers since larger sizes are required and since data capability for the audience displays is being added. /6' In- Chamber Controls A wireless control will be provided which can be used from anywhere in the Chamber by staff or visitors. Since the unit is wireless, the unit can be placed on the top of drawings or other materials and still provide access to the controls. The system to be specified will incorporate touch screen LCD technology which will allow for large and uncluttered screen button icons. Since the screen display can dynamically change according to function, it is possible to keep the display very simple since functions that are not required will not be displayed. The touch screen system will control the following major room items: • Dedicated presentation VHS VCR functions. Some VCR controls will be provided. • Some presentation computer functions such as emulation of the Enter key and Spacebar. • Graphic materials camera controls. Zoom and focus controls will be provided. • Display power controls for video /data projector and screen up /down operation. • Room lighting control. Lights can be controlled to preset scenes and be allowed to activate appropriate scenes for certain applications. i.e., the audience lights can dim when the video /data projection system is being used. • Drape control over northwest window. f/ EAGAN • • COMMUNICATIONS z COMMISSION 3830 PILOT KNOB ROAD, EAGAN, MN 55122 -1897 m (612) 681 -4608 • FAX 681 -4612 • TDD 454 -8535 MEMO TO: BURNSVILLE DEPUTY CITY MANAGER HANSEN EAGAN ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN BURNSVILLE /EAGAN CABLE COMMISSION PROM: MIRE REARDON, CABLE COORDINATOR DATE: SEPTEMBER 15, 1994 SUBJECT: SEPTEMBER 27 JOINT MEMBER CITIES COUNCIL /COMMISSION MEETING On March 22, 1993, Joint Member Cities' Councils and the Cable Commission met to discuss a variety of pertinent cable issues, including an update on the Cable Commission's role and activities. It was determined that such a meeting was of value to all and that it should be considered as an annual meeting. As a result, on September 27 the Member Cities' Council and the Cable Commission will again meet. As the meeting was held last year at Burnsville City Hall, this year's meeting will be at the Eagan Municipal Center at 7:00 p.m. in the lunchroom area. It is anticipated that the meeting will last no more than one hour. Staff has developed, in consultation with the Commission's Chair, the following agenda for the meeting: 1. Introductions 2. Cable Commission 1994 Activity Report 3. Rate Regulation Update 4. Federal Legislation Update To expedite the meeting, background information for agenda items 2 and 3 is attached. As the federal legislation is in flux, the Senate may act during the week of September 19; an oral update will be provided at the meeting. Cable Coordinator Attachments MR /vmd a o COMMISSION'S 1994 GOALS CABLE COMMISSION 1994 ACTIVITY REPORT • To promote and advocate for Public Access. • To ensure compliance with franchise agreement. • To identify and become educated on emerging technologies so as to benefit the Cities and the public. PUBLIC ACCESS ACTIVITIES • Developed & implemented TV33 advertising plan, and "What's TV33" ad campaign • Conducted public access user survey • Ensured Meredith's compliance with Year 11 local programming equipment replacement • Sponsored video award entry fees, with 2 producers recognized nationally, 3 at state level • Administered 11 local programming grants • Sponsored 7th Annual Volunteer Access Appreciation: Event • Presented volunteer awards and recognition • Conducted 4 promotional events FRANCHISE COMPLIANCE ACTIVITIES • Conducted rate hearings, performed basic service rate regulation analysis, ordered basic service rate refund • Conducted subscriber /non - subscriber surveys • Monitor 1994 cable line extensions • Review and administer citizen complaints • Monitor Meredith's performance in a variety of areas EMERGING TECHNOLOGIES ACTIVITIES • Review materials and information provided by staff • Attend workshops /conferences • Competing telecommunications presentations as part of Commission's monthly meetings MISCELLANEOUS ACTIVITIES • Review federal and state telecommunications legislation and its effect on Member Cities • Recommend to Member Cities appropriate action regarding telecommunications legislation • Developed Information Superhighway Resolution for Member Cities adoption BURNSVILLE /EAGAN RATE REGULATION UPDATE MAJOR RATE REGULATION ITEMS OF INTEREST: • Monthly subscriber bill, for Basic /Preferred service, and one remote, convertor and additional outlet, reduced $8.78 since regulation went into effect. • Estimated rate refund for Burnsville /Eagan subscribers for period 9/1/93 to 7/14/94 = $17,000. • There are 25,000 Burnsville /Eagan cable subscribers, divided approximately equally between Member Cities. • FCC still has not reviewed Commission's Preferred Service rate complaint. • Commission's rate refund findings still pending FCC appeal, and settlement proposal discussion. • Commission's expense for rate regulation, including legal and financial consultant, but not Cities' staff, is approximately $22,000. CHRONOLOGICAL SUMMARY: AUG /93 Prior to federal rate regulation taking effect, Meredith Cable's subscriber bill for Preferred Service, including remote control and one additional outlet and convertor was -- $33.40 SEPT /93 September 1, cable operators were to adjust their rates, in accordance with federal guidelines. Meredith's new rate for same services listed for August was -- $25.27 OCT /93 Member Cities designated the Cable Commission to represent and serve as the Member Cities rate regulatory authority. 1 a� OCT /93 Cable Commission filed both for FCC Rate Regulation Certification and for FCC to review Meredith's Preferred Service tier rate. NOV /93 Commission certified by FCC to regulate the Basic Service and ancillary service rates. FCC retained authority, per federal requirement, to regulate Preferred tier rate. NOV /93 Meredith Cable files 393 (rate justification) Form with Commission. DEC /93 Cable Commission started review of rates, and tolled /extended review process for 90 days. FEB /94 Commission adopts resolution ordering rate rollback. Commission determined that Meredith's Basic Service rate should be reduced from $8.05 to $8.00, and the hourly service call rate reduced from $16.49 to $15.25. The Commission was one of first, if not first, rate regulatory authority in nation to complete rate findings. APR /94 Meredith appeals rate order to FCC. Appeal filed one day late. APR /94 FCC determines that initial rate regulation did not reduce rates enough. New FCC rules (Round 2) order cable industry to establish new lower rates by July. MAY /94 FCC's Cable Service Bureau deny's Meredith's petition to accept late appeal filing. Meredith files new petition to FCC Board of Commissioners. MAY /94 Commission adopts rate refund plan, and orders Meredith to initiate plan. MAY /94 Meredith proposes their systems' Commissions consider settlement discussion, in light of $1.5 million dollar impact of FCC's new Round 2 rate rules. 2 a3 JUNE /94 Staff receives settlement proposal from Meredith. JULY /94 Meredith's new "Round 2" rates take effect. New rate for Preferred Service, with remote, one additional outlet and convertor is -- $24.62. New rate includes PEG access service fee. JULY /94 Commission rejects Meredith's settlement proposal. AUG /94 Meredith Cable files 1200, 1205 and 1215 (rate justification) Forms with Commission for Round 2 rates. AUG /94 Meredith revises settlement proposal stance. Commission informed that two systems served by Meredith, North Suburban and Quad Cities Cable Commissions, have entered into settlement discussions negotiations. Commission decides to wait for outcome of those discussions before possibly entering into any discussions. SEP /94 Commission orders 90 day extension of Round 2 rate review. SEP /94 North Suburban and Quad Cities Commissions agree to settlement proposal deals with Meredith. Staff presents to the Commission a proposed negotiation list. Based on staff's list, and the sister commissions' agreements, Commission agrees that staff and the Executive Committee enter into settlement proposal negotiations with Meredith. If agreement reached, it will be brought back to the Commission for review and any recommendations to Member Cities at the Commission's October meeting. ROUND 2 RATE REGULATION & SETTLEMENT PROPOSAL UPDATE: • Staff will present a brief update on the status of Round 2 of rate regulation, and the Settlement Proposal's general areas of discussion at the September 27 meeting. 3 a y