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3.a. Dakota Communications Center Joint Powers Agreement
AGENDA ITEM: Dakota Communications Center (Joint Dispatch) Joint Powers Agreement (JPA) AGENDA SECTION: Updates PREPARED BY: Jamie Verbrugge, City Administrator AGENITAEM ti 3 ATTACHMENTS: Information Summary; Draft JPA APPROVED BY J/ RECOMMENDED ACTION: This item is informational only 4 ROSEMOUNT CITY COUNCIL City Council Work Session: August 10, 2005 EXECUTIVE SUMMARY BACKGROUND The City Council previously approved a resolution stating its intent to participate in a joint powers entity established for the purpose of constructing and operating a joint pubhc safety dispatch center. ISSUE Representatives from the participating entities have been meeting over the past several months to review, revise and finalize a draft Joint Powers Agreement for the Dakota Communications Center City Administrator Verbrugge has been representing the City of Rosemount m these discussions. At various times in the process, City Attorney Lefevere and Pohce Chief Kalstabakken have been consulted on aspects of the JPA. SUMMARY This item is informational only Staff and legal are comfortable that the JPA addresses Rosemount's concerns. The City Council will be asked to take formal action on the JPA at its regular meeting on August 16, 2005. Issued By: The purpose of this document is to provide a unified update regarding the countywide joint dispatch project. The HiPP Joint Dispatch Policy Committee expects this to be the final update issued under its signature; future updates will be issued by the joint powers entity on its own behalf. Governance: Information Summary Dakota County Communities' Joint Dispatch August 2, 2005 Elizabeth Kautz, Mayor, City of Burnsville and Steve Mielke, City Administrator, City of Lakeville Co- Chairs, HIPP Joint Dispatch Project The Policy Committee has focused its attention on the subject of joint dispatch governance under a joint powers agreement. Since early June, representatives from the prospective member communities have been meeting regularly and have crafted a joint powers agreement that is about to be presented for approval to the respective elected officials at the County and municipal level. The legal name of the proposed joint dispatch joint powers organization will be the Dakota Communications Center (DCC). The joint powers agreement (JPA) will create a new service entity that is owned and controlled by all jurisdictions subject to the terms and conditions of the Agreement. Four distinct areas of governance have been identified within the context of accountability, authority and responsibility. These are the: Board of Directors Comprised of elected officials representing each member jurisdiction. The board will be focused on financial, legal, and fiduciary controls, including policy leadership regarding levels of service. Executive Committee Comprised of the chief administrative officer from each member jurisdiction. The committee will be accountable for day -to -day oversight of the DCC executive director and the overall operation. Operations Committee Made up of a representative from each member jurisdiction's law enforcement and fire agency, as well as a representative from the Dakota County EMS Council. This group will provide operational input, feedback, and procedural leadership regarding the delivery of service. Emergency Communications management There will be an executive director hired to manage the transition process and to lead the day -to -day operation of the dispatch entity. The JPA will address the levels and limits of control. Shared control and decision making among participants and the need to have meaningful, timely influence on service delivery standards and protocols were the driving parameters for agreement on governance among participants. The committee determined that weighted voting on financial and budget matters at the board of director's level would be consistent with the Information Summary —Joint Dispatch Project principle that states: "the more you use, the more you pay; the more you pay, the more control you will be afforded Page 2 8/1/05 Information Summary Joint Dispatch Project Finance: All participants acknowledge the importance of service improvement and added value. At the same time, there is a desire to ensure cost effectiveness and accountability for levels of expense. The prospective member jurisdictions also agreed on a cost sharing process and formula that is practical, relevant, pragmatic, perceived as fair and equitable, and reliable over time Timing: It is assumed that the participating jurisdictions will approve and sign the joint powers agreement no later than mid September, 2005. The Board of Directors and Executive Committee will convene immediately to begin their respective tasks toward implementation. One of the first tasks that the Executive Committee will address is to develop the process and requirements for the hiring of the Executive Director. Other human resource planning activities will commence very early in the process, because all parties concur that the collective workforce of the existing PSAPs are a valuable asset. The quality of the transition and overall implementation will, in large part, be measured by the quality of the purposeful planning conducted within and around the human resource functions. Problem Resolution and Commendation Procedures: This governance model will also provide a defined method of identifying, surfacing, discussing, and resolving problems between a participant agency(s) and the DCC, as well as between and /or among participating jurisdictions. It will also provide for an agreed upon vehicle for processing complaints and commendations from the public and field personnel, whether they be made to elected officials, County or municipal management, public safety agencies, or the joint dispatch center. The Building: The municipal participants in the joint dispatch joint powers agreement have asked the County Board to build the dispatch facility and to lease it back to the joint powers agency. The County Board has agreed to do so and work is underway to select an architectural firm and appoint a capital building project team. Sometime early this fall, a small steering committee will be appointed to begin the exciting process of defining what the future dispatch center will look like and how it will be equipped. This steering committee will include representatives from current dispatch operations. Concluding Remarks: Three months ago, the HiPP Joint Dispatch Policy Committee determined that public safety communications can be effectively and reliably delivered by working as a group to design, build, and implement joint dispatch. Over the following 45 days, the elected officials of the prospective member jurisdictions affirmed their commitment to participate. They will now finalize their decision by authorizing their jurisdiction to become a participant in the joint powers entity and signing the joint powers agreement. Page 3 8/1/05 It is the intent of all County and municipal leadership to communicate the status of the process on a frequent basis. Still, we know that regardless of how well that is done, it is likely that at various times, one or more stakeholders may think it could be done better. If you find yourself thinking or feeling that things could be improved, "speak up and let your agency or community representative know what you are experiencing. We will deliver a "state of the art" joint dispatch center that is known for the quality of its people and its processes. When these two forces combine with focus, best practices in service delivery prevail. Thank you for your patience the past two months while we finalized the hard work of crafting a mutually acceptable joint powers agreement. The next two years will be filled with challenge and opportunity, and there will be the discomfort of managing change. All of this is necessary to successfully complete this transition. You have our commitment to do the right things well as we move ahead. Information Summary Joint Dispatch Project Page 4 8/1/05 Joint Powers Agreement Establishing the Dakota Communications Center DRAFT July 28, 2005 Page 1 of 34 Joint Dispatch JPA TABLE OF CONTENTS RECITALS 3 PURPOSE ...3 TERM 4 POWERS ..4 MEMBERSHIP 5 BOARD OF DIRECTORS. 6 EXECUTIVE COMMITTEE 8 EXECUTIVE DIRECTOR 10 OPERATIONS COMMITTEE 11 BUDGET 13 AUDIT 15 TERMINATION AND DISSOLUTION 15 WITHDRAWAL OF A MEMBER. 16 INDEMNIFICATION.. 17 RESOLUTION OF DISPUTES 18 FORCE MAJEURE 18 MISCELLANEOUS PROVISIONS 18 Page 2 of 34 Joint Dispatch IPA This Agreement is entered into between the following political subdivisions of the State of Minnesota, by and through their respective governing bodies: City of Apple Valley City of Burnsville City of Eagan City of Farmington City of Hastings City of Inver Grove Heights RECITALS City of Lakeville City of Mendota Heights City of Rosemount City of South St Paul City of West St. Paul County of Dakota Individually and collectively, the parties to this Agreement are referred to as the "Members" of the Dakota Communications Center, hereinafter referred to as the "DCC. WHEREAS, pursuant to Minnesota Statutes 471 59, the Members are empowered to provide assistance to, and act in coordination with, other political subdivisions within the state of Minnesota as deemed necessary to benefit the public; and WHEREAS, the Members wish to cooperatively engage in the establishment, operation and maintenance of a countywide public safety answering point and communications center for law enforcement, fire, emergency medical services (EMS), and other public safety services for the mutual benefit of all; and WHEREAS, by creating the DCC the Members intend to provide a level of public safety communications services to Dakota County communities that is commensurate with industry standards; and WHEREAS, each Member represents that it is duly qualified and authorized to enter into this Agreement and will comply with its respective obligations and responsibilities as set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter set forth, the Members agree as follows: ARTICLE I PURPOSE Through this Agreement and the authority provided by Minnesota Statutes 471.59 to act cooperatively, the Members hereby create a joint powers entity referred to as the DCC for the following purposes: To acquire and provide the facilities, infrastructure, hardware, software, services and other items necessary and appropriate for the establishment, operation and maintenance of a joint law enforcement, fire, EMS, and other emergency communications system for the mutual benefit of the Members and the people of Dakota County; Page 3 of 34 Joint Dispatch JPA To provide public safety communications system services to other governmental units that are not Members through a fee for service contract; To define the rights and obligations of the Members with respect to the establishment, operation and maintenance of the DCC; and To provide a forum for discussion, study, development and implementation of recommendations of mutual interest regarding public safety communications, information systems, and statistical matters within Dakota County, Minnesota. ARTICLE II TERM This Agreement shall be effective upon execution by all the parties hereto and shall continue until terminated as provided in Article IX No party may withdraw from this Agreement from the date this Agreement is executed by all parties until five (5) years from the initial date of operation of the DCC (the Initial Term). The Board of Directors shall determine the initial date of operation of the DCC. ARTICLE III POWERS The DCC shall have the following powers in its own name: A. To take actions necessary and convenient to discharge the duty to implement, maintain, and operate a countywide public safety communications center; B. To adopt bylaws and rules or policies consistent with this Agreement that are required to effectively exercise the powers or accomplish the objectives of the DCC; C. To adopt an annual operating and capital budget, including a statement of sources of funding and allocation of costs to the Members of the DCC; D. To enter into contracts in its own name, including contracts to provide public safety communications services to other governmental units who are not Members; E. To acquire, lease, hold and dispose of property, both real and personal, including transfer of property from a Member to the DCC; F. To incur debt obligations that do not exceed ten (10) years, liabilities or other obligations necessary to accomplish its purposes that are consistent with any financial and debt policies established by the Board of Directors, or to arrange with one or more of the Members to incur debt or issue bonds for the benefit of the DCC, as permitted by law; G. To operate and maintain a communications system that will receive calls for law enforcement, fire, and emergency medical services (EMS) services and dispatch field units in response to such calls; Page 4 of 34 Joint Dispatch JPA H. To hire, discipline or discharge employees required to accomplish the purposes of this Agreement including employing an Executive Director and delegating authority to the Executive Director as determined by the Board of Directors, I. To purchase any insurance or indemnity or surety bonds as necessary to carry out this Agreement and the purposes of the DCC; J. To seek, apply for and accept appropriations, grants, gifts, loans of money or other assistance as permitted by law from any person or entity, whether public or private; K. To sue; L. To exercise all powers necessary and incidental to carrying out the purposes set forth in Article I of this Agreement; and M. To charge fees to Members or other governmental entities for special services or communications system functionality that is not provided to all Members. ARTICLE IV MEMBERSHIP 4.1 Definition of Members All parties to this Agreement are Members of the DCC. No Member may withdraw from this Agreement during the Initial Term of this Agreement. 4.2 Requirement of Good Standing Continued Membership in the DCC shall be contingent upon the payment by each Member of an annual assessment and any additional fees as determined by the Board of Directors consistent with the financing procedures set forth in Article IX hereunder 4.3 Addition of New Members Any unit of government within Dakota County that has at least 10,000 residents and maintains a law enforcement agency is eligible for Membership in the DCC. A new Member may be added to the DCC if first approved by the Board of Directors and if the existing Members and the unit of government seeking membership execute an amendment to this Agreement to add the new Member upon the terms as agreed to by them. Any unit of government that becomes a Member of the DCC after the execution of this Agreement shall be subject to all existing debts and liabilities of the DCC on a proportionate basis to the same extent as all then existing Members. In addition, any new Member shall be solely liable for all costs of adding or modifying hardware, software or services necessary to effectively accommodate the operational needs of the new Member, and of insuring that there is no degradation of existing capability due to the new Member's needs, as determined by the Board of Directors. Each new Member shall pay a proportionate share of the normal, continuing operating expenses of the DCC as well as a proportionate share of any special assessment, as approved from time to time by the Members. An entity seeking to become a Member may be required to and shall pay one -time initiation, assessment or capital investment fees or establish an escrow account for such fees as determined by the Board of Directors Page 5 of 34 Joint Dispatch JPA 4.4 Withdrawal of Member Withdrawal of any Member after the Initial Term of this Agreement shall not terminate this Agreement except as provided in Article XI. Withdrawal shall be accomplished as set forth in Article XII of this Agreement. Withdrawal shall not discharge any liability incurred or chargeable to any Member before the effective date of withdrawal. No Member is entitled to a refund of cost sharing assessments or other fees imposed by the Board of Directors that have been paid to, or is owed to, the DCC on the effective date of withdrawal. 5.1 Membership on the Board ARTICLE V BOARD OF DIRECTORS There is hereby established a Board of Directors of the DCC which shall consist of an elected official from each Member These Directors shall serve without salary, but may be reimbursed for expenses incurred in connection with DCC business as determined by the Board of Directors. Each Member shall designate one named elected official as a Director consistent with the term and procedures set forth in the Bylaws adopted by the Board of Directors. Each Member may also designate one named elected official as an Alternate Director to attend Board meetings and vote on measures brought before the Board when a Director is absent, consistent with the procedures set forth in the Bylaws. If any Director or Alternate Director ceases to be an elected official of a Member during his or her term, such seat shall be vacant until a successor elected official is appointed by such Member. 5.2 Powers of the Board The Board of Directors shall have the following powers and duties: a. provide policy leadership and approve the general policies of the DCC relating to budget, finance, and legal matters; b. contract with a Member or third party for auditing, financial, human resources, legal and other services as needed for the DCC; c. adopt Board Bylaws and amend the Bylaws from time to time as it deems necessary; d. approve changes to the membership of the DCC; e. approve contracting and purchasing policies for the DCC; approve the'annual operating and capital budgdt,riSStaBt1 ;tom and assessments of the DCC; g. hire, discipline, terminate and set the compensation for the Executive Director; and f'; incur aebtlnd 'approve financial obligations of the DCC that are significant in amount and non recurring, Board approval is not required for payment monthlybudgetet( expenditures and employee salanes and benefits. Page 6 of 34 Joint Dispatch JPA 5.3 Voting by Directors Each Member of the DCC shall have one seat on the Board of Directors and is entitled to one vote. The Directors' votes shall be non weighted (all votes having the same weight) when voting on matters coming before the Board, except as provided below. The Directors' votes shall be weighted when the Board is exercising its powers under Section 5.2 (f) and (h) of this Agreement The comparative weight of each Director's vote on those matters is determined by the proportionate share of the DCC annual operating and capital budget for that calendar year that is the responsibility of the Member casting that vote. The Board of Directors shall arrange for or contract with one or more of its Members or an independent contractor to provide personnel /human resource, accounting and finance, procurement/contracting, payroll administration and legal services for the DCC. The DCC shall not create its own personnel /human resource, accounting and finance, procurement /contracting, payroll administration or legal departments unless approved by a four -fifths (4/5) majority of the Board of Directors by non weighted votes. After the first full year that the DCC is in operation, the Board of Directors may amend the cost allocation formula and associated definitions by a 2/3 majority of the weighted vote total of those Members present and voting at a properly noticed Board of Directors meeting. In case of a be vote, the Chair of the Board of Directors shall cast a second and deciding vote. No proxy votes or absentee voting shall be permitted except as provided in this Agreement or in the Bylaws of the Board. 5.4 Board Meetings a. The Board of Directors shall have regular meetings at least twice each calendar year at a date, time and location included in the meeting notices. The Board may schedule more regular meetings as it deems appropnate or as established by the Bylaws adopted by the Board. At least 30 days prior notice shall be provided to each Member, Director and Alternate Director of the date, time and location of such regular meetings. b. A special meeting of the Board of Directors may be called by its Chair, or by any four Directors of the Board consistent with the procedures set forth in the Bylaws. 5.5 Officers of the Board of Directors a. Officers of the Board of Directors shall consist of a Chair and Vice Chair. The Chair and Vice Chair shall be elected from among the Directors of the DCC. The officers shall hold office for the terms and under the conditions set forth in the Bylaws adopted by the Board of Directors b. Chair: The Chair of the Board shall Conduct meetings of the Board of Directors, sign, with the Executive Director, any instrument which the Board of Directors has authorized to be executed, or as authorized by the Bylaws or approved DCC procedural rules of operation, and perform all duties incident to the office of Chair and such other duties as may be prescribed by the Board of Directors from time to time, provided that such actions are consistent with this Agreement and the Bylaws. Page 7 of 34 Joint Dispatch JPA c. Vice Chair. In the event of the absence of the Chair, or in the event of the inability or refusal of the Chair to act, the Vice Chair of the Board shall perform the duties of Chair. 5.6 Secretary of the Board of Directors The Executive Director of the DCC shall serve in the administrative role of Secretary to the Board and shall keep the minutes of the meetings of the Board of Directors, see that all notices are duly provided and /or published in accordance with the provisions of this Agreement and the Bylaws adopted by the Board of Directors or as otherwise required by law, act as custodian of the business records of the DCC, and perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned by the Board of Directors. A high -level outline of the governing organizational structure of the DCC is graphically represented in Attachment A. 6.1 Membership on the Executive Committee There is hereby established an Executive Committee of the DCC, the members of which shall serve without salary and shall oversee the operations and functions of the DCC as set forth in this Article and the Bylaws of the Committee. The Executive Committee shall consist of the chief administrators of each Member. Each Member shall have one seat on the Executive Committee. Each Member may also designate a second employee or staff person as an alternate representative to attend Committee meetings and vote, on behalf of such Member, on matters brought before the Committee when a representative is absent, consistent with the procedures set forth in the Bylaws. Each representative and alternate representative shall serve without salary, but each may be reimbursed for necessary expenses incurred in connection with the DCC business, as determined by the Board of Directors. If any Committee representative ceases to be the chief administrator of a Member, such seat may be occupied by the alternate representative until a successor chief administrator or interim chief administrator is appointed by such Member. 6.2 Purpose and Powers of the Committee ARTICLE VI EXECUTIVE COMMITTEE The Executive Committee shall have the following powers and duties: a. provide direction and oversight of the operations of the DCC, subject to the policy direction established by the Board of Directors, and within the limits fixed by the operating and capital budgets, provided that no financial obligation exceeding the amount of the approved budget shall be incurred by the Executive Committee without the prior consent of the Board of Directors; b. carry out the policy decisions of the Board of Directors and make recommendations to the Board of Directors., c. adopt Committee Bylaws and amend the Bylaws from time to time as it deems necessary, d. review all administrative decisions conceming personnel, development efforts, operations, cost sharing, expenditure approval, utilization of personnel and Page 8 of 34 Joint Dispatch JPA equipment, and operational decisions made by the Executive Director as deemed necessary by the Committee; e. assist the Board of Directors in the recruitment of candidates for the position of Executive Director and the review of candidate qualifications and provide recommendations to the Board of Directors on the hiring, termination and review of the performance of the Executive Director; f. conduct an annual evaluation of the Executive Director's performance and present its findings and recommendations to the Board of Directors before the date the Board approves the annual operating and capital budgets, g. establish and assign tasks to advisory subcommittees as the Committee deems necessary; h. make recommendations to the Board of Directors on changes to the membership of the DCC; i. Review, modify and approve to the proposed annual operating and capital budgets prepared by the Executive Director prior to submittal to the Board of Directors 6.3 Voting by Committee Members Each Member is entitled to one vote at committee meetings and each vote shall be non weighted (each vote having equal weight). In the case of a tie, the Chair of the Executive Committee shall cast a second and deciding vote Only the chief administrator, or the designated alternate representative of a Member in the absence of the chief administrator, shall vote on matters coming before the Executive Committee. No proxy votes or absentee voting shall be permitted except as provided in this Agreement or in the Bylaws of the Committee. 6.4 Meetings a. Regular meetings of the Executive Committee shall be held as needed, but at least quarterly. At least 15 days prior notice shall be provided to each committee member of the date, time and location of such meetings. b. Special meetings of the Executive Committee may be called by its Chair, or any four members of the Executive Committee acting in concert, consistent with the procedures set forth in the Bylaws or operating procedures adopted by the Committee. 6.5 Officers of the Executive Committee Officers of the Executive Committee shall consist of a Chair and a Vice Chair. The Chair and Vice Chair shall be elected from among the representatives of the Members serving on the Executive Committee. The officers shall hold office for the terms and under the conditions set forth in the Bylaws adopted by the Executive Committee. a. Chair. The Chair shall conduct meetings of the Executive Committee and shall serve as the liaison between the Board of Directors and the Executive Committee The Chair may sign, with the Executive Director, any instruments which the Executive Committee, acting as a Committee, has authorized to be executed or as authorized by the DCC procedural rules of operation. The Chair shall also perform all duties incident to the office of Chair and such other duties as may be prescribed by the Executive Committee from time to time, provided that such actions are consistent with this Agreement and Page 9 of 34 Joint Dispatch JPA the Bylaws. b. Vice Chair. In the absence of the Chair or in the event of the Chair's inability or refusal to act, the Vice Chair shall perform the duties of Chair. The Vice Chair shall perform such other duties as may be requested by the Chair. 7.1 Appointment and Vacancy a. The DCC shall have a chief operating officer of the title Executive Director The Executive Director shall be the administrative head of the DCC and shall report to the Executive Committee for the administration and operation of the DCC. The Executive Director shall be an employee of the DCC. b. The Executive Director shall have appropriate administrative and executive qualifications for the position and shall have actual experience in and knowledge of accepted practices for a public safety communications system. c. Any vacancy in the office of Executive Director shall be filled as soon as possible after the effective date of such vacancy. In the case of absence or disability of the Executive Director, the Board of Directors may designate any other qualified employee to carry out the duties of the Executive Director during such absence or disability. 7.2 Powers And Duties ARTICLE VII EXECUTIVE DIRECTOR The responsibilities and duties of the Executive Director shall include the following: a. To attend meetings of the Board of Directors, the Executive Committee and the Operations Committee; (1) The Executive Director shall have the right to take part in the discussion of all matters corning before the Board of Directors, the Executive Committee and the Operations Committee but shall have no vote thereon; (2) The Executive Director shall be entitled to and be given notice of all meetings, regular and special, of the Board of Directors, the Executive Committee and the Operations Committee, (3) When the Executive Director is unable to attend a meeting, the Executive Director may appoint a DCC staff member to attend. b. To appoint, evaluate, promote, demote or remove employees of the DCC pursuant to the approved DCC budget and in accord with the policies and procedures of the DCC; c. To recommend to the Executive Committee for adoption such policies and procedures as may be deemed necessary or expedient for the efficient operation of the DCC: d. To direct and oversee the day -to -day operations of the DCC and its employees and to expend operating and capital budgets consistent with the policies and direction of the Board of Directors; Page 10 of 34 Joint Dispatch JPA e. To enforce, administer, and implement the policies of the DCC as established by the Board of Directors and Executive Committee; f. To prepare a quarterly report of the DCC activities and provide copies to the Board of Directors and the Executive Committee; g. To prepare a proposed annual operating and capital budget as well as a report of estimated revenues in order to determine the estimated funds necessary to defray the expenses of the DCC for each fiscal year and to present the proposed operating and capital budget to the Executive Committee in the manner set forth under Article IX herein; h. To serve as a staff resource to the Executive Committee and the Operations Committee and coordinate the activities of the respective committees as required; I. To serve as a Member of regional committees, organizations and forums related to public safety communications and represent the collective interests of the DCC and its Members as required; J. To communicate regularly with the Members and other agencies utilizing the DCC communication services about operational, policy and training issues; k. To keep minutes of the meetings of the Board of Directors, Executive Committee, and Operations Committee and see that all notices of the Board and Committee are duly provided and /or published in accordance with the provisions of this Agreement and the Bylaws adopted by the Board, Executive Committee and Operations Committee or as otherwise required by law; I. To act as custodian of the business records of the DCC; and m. To perform such other duties as may be delegated from time to time by the Board of Directors or by the Executive Committee. ARTICLE VIII OPERATIONS COMMITTEE 8.1 Membership on the Operations Committee Each law enforcement agency and fire agency of a Member of the DCC and the Dakota County Joint EMS Council shall have one seat on the Operations Committee. Each law enforcement agency, fire agency and the Dakota County EMS Council shall designate a primary member and an alternate member to the Committee. Each law enforcement agency and fire agency of a community that is served by the DCC but is not a Member of the DCC may participate in the Operations Committee as a non voting, ad -hoc member. The Executive Director shall provide staff support to the Operations Committee and its subcommittees and shall provide information and guidance to the Committee and subcommittees as needed 8.2 Purpose and Powers of the Committee There is hereby established an Operations Committee of the DCC. The Operations Committee may establish and abolish advisory subcommittees, as it deems necessary. Initially, the Committee will have two subcommittees the Law Enforcement Subcommittee and the Fire /EMS Subcommittee. The Members of the Operations Committee and its subcommittees Page 11 of 34 Joint Dispatch JPA shall serve without compensation and shall be available to the DCC Executive Director and Executive Committee to assist in the coordination of: Unified radio procedures; DCC procedural changes that affect one or more Members of the DCC; Field training and back up exercises; DCC and Members' records management functions; The orderly transmittal of inquiries regarding the handling of specific matters by the DCC. Obtaining and prepanng recommendations concerning operational input from the Executive Director of the DCC and the Members' public safety departments The Operations Committee shall have the following powers and duties: a. Be the personal contact at each Member's law enforcement or fire /EMS department for the Executive Director for daily procedural and operational issues; b. Provide liaison to the DCC Executive Director in the coordination and preparation of unified procedures and policies; c Be a resource for the Executive Committee in researching special topics of interest; d. Forward comments and inquiries on the operation of the DCC from their respective agencies to the Executive Director after initial local review and screening; f. Coordinate field training and back -up exercises; g. Perform any other duties as required by the Executive Committee. 8.3 Voting by Committee Members It is expected that decisions and recommendations of the Operations Committee shall be made by consensus, but where consensus does not exist, the following procedure shall apply: a. Each Member of the DCC shall have a maximum of two votes on the Operations Committee one from the law enforcement agency and one from the fire agency of that Member. A Member that operates a joint law enforcement or fire agency with another Member shall continue to have a voting seat on the Operations Committee for each joint agency. A Member that has only a law enforcement agency or fire agency is entitled to one vote. The Dakota County EMS Council shall have one vote on the Operations Committee. Votes shall be cast by the representative of each agency (or by his /her designated alternate, if such representative is absent) as the official representative to the Operations Committee. b. No proxy votes or absentee voting shall be permitted except as otherwise provided in the Bylaws of the Executive Committee. c. Membership and voting on subcommittees established by the Operations Committee shall be as required by the Bylaws of the Committee or the resolution of the Committee that establishes the subcommittee. Each Member that maintains a law enforcement agency individually or jointly with another Member shall have one representative and one vote on the Law Enforcement Subcommittee Each Member Page 12 of 34 Joint Dispatch JPA that maintains a fire agency individually or jointly with another Member shall have one representative and one vote on the fire agency Subcommittee. 8.4 Meetings and Actions The Operations Committee shall meet at least six times each year and may schedule additional meetings as deemed necessary and appropriate by the Membership The meetings will be conducted in compliance with any direction provided to the Committee by the Executive Committee, subject to the policies established by the Board of Directors and the Executive Committee. Except as otherwise stated in the Bylaws, no action of the Operations Committee or its subcommittees shall be in effect until approved or ratified by the Executive Committee or if deemed necessary by the Executive Committee, until approved or ratified by the Board of Directors Any law enforcement, fire or EMS agency that receives dispatch services from the DCC may appear before the Operations Committee or its subcommittees to discuss concerns, complaints or other operational issues concerning the DCC. If the agency is not satisfied with the action or lack of action taken by the Operations Committee, that agency may appear before the Executive Committee to discuss the actions or policies of concern. Prior to appearing before the Executive Committee, the agency shall meet and confer with the Executive Director about the issues to be discussed with the Executive Committee. 9.1 Recommended Annual Budget ARTICLE IX BUDGET The Executive Director shall prepare a proposed annual operating and capital budget for the Executive Committee no later than May 1st of each year to allow the Executive Committee members to consult with their respective governing bodies and prepare a recommended annual operating and capital budget for consideration by the Board of Directors. An annual operating and capital budget shall be adopted by the Board of Directors at a regular meeting before September 1" each year. If the Board fails to adopt a budget by September 1 the budget from the current year shall be deemed approved for the next year. This requirement to adopt a budget at a regular meeting of the Board by Septe mber 1" does not apply t t he calendar year_ -t o=matted in which this Agreement is first executed 9.2 Distribution of Recommended Budget No later than May 1st, copies of the proposed operating and capital budget as recommended by the Executive Director shall be delivered to each Executive Committee Member. 9.3. Review by Executive Committee Not later than August 1st of each year, the Executive Committee shall review the annual operating and capital budget as proposed by the Executive Director and make such modifications as it deems proper. Following approval by the Executive Committee, the proposed operating and capital budget shall be submitted to the Board of Directors for final approval. Page 13 of 34 Joint Dispatch JPA 9.4 Allocation of Costs to Members The cost of the operations and maintenance, and capital projects of the DCC will be shared by the Members. At the time of approval of the annual operating and capital budget, the Board of Directors shall fix the cost sharing charges for all Members and any other participants in the DCC in amounts sufficient to provide the funds required by the approved annual operating and capital budget for the following year. Each Member shall take all required actions to authorize the funds necessary to meet its obligations under the approved annual operating and capital budget. From the effective date of this Agreement as defined in Article II until the completion of the first full calendar year that the DCC is in operation, the allocation of annual operating and capital budget costs to Members shall be based upon the Cost Allocation Model contained in Table 1 of Attachment B, which is incorporated into and made a part of this Agreement. When the Board adopts an operating budget and cost allocation for 2006, it shall also adopt a budget and cost allocation for 2005 to cover the expenses the DCC has incurred or will incur for the period from the effective date of this Agreement to December 31, 2005. After the first full calendar year that the DCC is in operation, the allocation of annual operating and capital budget costs to Members shall be based on the percentage of the total number of events processed by the DCC in the previous twelve months that are attributable to that Member. An event is defined as a computer aided dispatching system (CAD) event (transaction as logged), a 911 telephone call processed, a ten -digit telephone call for service processed, and, when the DCC is able to capture this information, the number of data system inquiries processed by DCC employees The calculation of the annual operating and capital cost allocation after commencing operations will be based on the formula in Attachment B, Table 3, which is incorporated into and made a part of this Agreement. During the first five (5) years that the DCC is in operation, the County of Dakota will provide a cash subsidy toward the operational budget in the amount of $62,500.00 per month based upon the Allocation of County Subsidy contained in Table 2 of Attachment B. The amount of the County of Dakota subsidy for twelve months of DCC operation will be $750,000.00. The County of Dakota is not obligated to provide an operational budget subsidy after the initial five (5) years of DCC operations. 9.5 Billing and Delinquent Payments Invoices for the cost sharing charges shall be provided to Members monthly. Any Member whose charges have not been paid within thirty (30) days after billing shall be assessed interest on the delinquent payment(s) at a rate determined by the Board of Directors, not to exceed the maximum authorized by law at the time the payment becomes delinquent. The Directors and representatives of a Member that is delinquent on such payment shall not be entitled to vote on any matters coming before the Board of Directors or the Executive Committee until all delinquent payments and interest have been paid. 9.6 Expenditure of the Annual Budget. The Board of Directors and /or the Executive Committee may establish procedures and limitations as may be necessary to preserve the integrity and purpose of the approved operating and capital budget. After adoption of the annual operating and capital budget by the Board of Directors, the Executive Director and the Executive Committee shall make all Page 14 of 34 Joint Dispatch TPA expenditures in accordance with such budget. Purchases and /or letting contracts shall be done in accordance with procedural guidelines established by resolution of the Board of Directors, consistent with Minnesota law. The Executive Director shall have the power to transfer funds within the total annual operating budget in order to meet unanticipated needs or changed situations. The Executive Director shall not transfer funds within the total annual capital budget or between the operating budget and capital budget. The Executive Director shall report any transfer of funds within the annual operating budget to the Board of Directors and the Executive Committee in the Director's next quarterly report. 9.7 Credit or Payment to Members for Services The Board of Directors may approve contract payments or cost allocation credits to any Member that provides services, resources or property to the DCC. ARTICLE X AUDIT The Board of Directors shall call for an annual audit of the financial affairs of the DCC, to be performed by an independent Certified Public Accountant retained by the Board in accordance with generally accepted auditing principles. A copy of the annual audit report shall be provided to each Member. 11.1 Termination. ARTICLE XI TERMINATION AND DISSOLUTION This Agreement shall terminate upon the occurrence of any one of the following events: a. When 4 /5 of the Members agree by non weighted voting, pursuant to a resolution of their governing bodies, to terminate the Agreement. b. When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction. 11.2 Effect of Termination. Upon the occurrence of one or more of the events in Section 11.1, the DCC shall be terminated and dissolved in accord with the provisions hereof. a. Termination shall not discharge any liability incurred by the Board or by the Members during the term of this Agreement. b. Each Member shall be liable for its own acts and for the acts of the Board to the extent provided by law and this Agreement. c. Property that is owned by the DCC at the time of termination, including any surplus money, shall be divided among the units of government that are Members of the DCC at the time of termination, in proportion to their average respective regular and special assessment payments toward the operating and capital budgets for the preceding three Page 15 of 34 Joint Dispatch JPA (3) fiscal years. If liabilities exceed all assets, the difference shall be made up by contributions from all Members on a proportionate basis according to the then prevailing annual budget assessment formula. d. The Board shall approve a final report of its activities and affairs prior to dissolution of the DCC. e. Upon such termination and dissolution, and after payment of all debts, all files and documentation shall be distributed to the Member community that has jurisdiction of the subject matter of the file or documentation without charge or offset. Records of the DCC shall be retained by the County of Dakota consistent with its current document retention schedules. f. Equipment and property that is owned by an individual Member or Members that is being used by the DCC at the time of termination shall be returned to the owner(s) upon termination and dissolution of the DCC. ARTICLE XII WITHDRAWAL OF A MEMBER At any time after the Initial Tenn of this Agreement, any Member may withdraw from the DCC subject to the provisions of this Article. a. Such withdrawing Member shall give written notice before July 1 of any year and at least 18 months prior to the intended date of withdrawal, in the form of a certified copy of a resolution passed by its governing body, a copy of which must be mailed or delivered to the Executive Director of the DCC and the Chairs of the Executive Committee and Board of Directors. b. Sixty (60) days notice provided by the Executive Director or the Board of Directors to any Member of its nonpayment of cost allocation fees as set forth herein, and /or the refusal or declination of any Member to be bound by any obligation of the DCC, shall also constitute notice of withdrawal of such Member, and if the Member fails to cure nonpayment or refuses to comply with an obligation within the Sixty days (60), withdrawal of that Member from the DCC shall become effective on the Sixty First day after mailing of said notice. The Force Majeure provisions of Article XV apply to a non- payment of charges and fees and the refusal or declination of a Member to act. c. Withdrawal of a Member shall also constitute withdrawal of its representatives to the Board of Directors, the Executive Committee and the Operations Committee and subcommittees. d. The withdrawing Member shall forfeit any and all interest, right and title to DCC property and assets of any type whatsoever. e. The withdrawing Member shall be liable for all costs incurred by the DCC as a result of the Member's separation and withdrawal. This may include, but is not necessanly limited to, legal fees, court costs and interest -on late payment of obligations. f. The withdrawing Member shall continue to be responsible for: 1. One hundred (100 percent of that Member's pro rata share of the operating costs of the DCC that are incurred up to the date of withdrawal, and One hundred (100 percent of that Member's pro rata share of any capital debts, liabilities or obligations Page 16 of 34 Joint Dispatch JPA of the DCC that were incurred prior to the date of providing notice of intent to withdraw and are due and payable before the effective date of withdrawal. 2. For any contractual obligations it has separately entered into with the DCC. 13.1 Limitations on Liability and Insurance ARTICLE XIII INDEMNIFICATION This Agreement to indemnify and hold harmless does not constitute a waiver by any Member of limitations on liability provided by any applicable Minnesota law, including Minnesota Statutes, Chapter 466. The DCC shall purchase insurance related to the operation, equipment and facilities of the DCC, and workers compensation insurance for DCC employees, as the Board of Directors or Executive Committee deems necessary Such insurance shall name each Member as an additional insured, and may name other entities that purchase communications services from the DCC as additional insureds if deemed appropriate. If the DCC incurs liability that exceeds the amount of its insurance coverage, the excess liability shall be paid by contributions from all Members on a proportionate basis according to the then prevailing annual operating budget assessment formula. If the DCC incurs a liability that is not covered by insurance, that liability shall be paid by contributions from all Members on a proportionate basis according to the then prevailing annual operating budget assessment formula. 13.2 Third Party Action Against a Member Each Member that is subject to a claim of any nature commenced by a person or entity that is not a Member of the DCC, which arises as a consequence of the acts or omissions of such Member's personnel in responding to, or providing emergency services pursuant to a dispatch by the DCC shall, at such Member's sole expense, indemnify and save free and harmless any other Member, and its officers, employees and agents from any cost, expense, attorney fees, judgment or liability of any nature when any other Member is subject to the same claim solely as a consequence of such other Member being a Member of the DCC. 13.3 Third Party Action Against the DCC In the event the DCC and /or its Directors, officers, employees and agents are subject to a claim of any nature which arises as a consequence of the acts or omissions of Member's personnel in responding to or providing emergency services pursuant to a dispatch by the DCC, such Member shall at its sole expense, indemnify and save free and harmless from any cost, expense, attorney fees, judgments or liability of any nature the DCC and /or its officers, Directors employees and agents unless it is determined that the officers, Directors, employees and /or agents of the DCC acted in a negligent or intentionally wrongful manner in connection with dispatching the personnel of the Member. Page 17 of 34 Joint Dispatch JPA 13.4 Member Action Against the DCC In the event that any Member should file suit or an action against the DCC, all representatives of that Member shall be prohibited from attending any meetings or discussions or having access to the results of such meetings related to the defense of the suit or action. The Member's representatives shall have no direct access to any written communication concerning the matter except by legal process, and no representative of the Member shall be allowed to vote on any issue related to the suit or action. ARTICLE XIV RESOLUTION OF DISPUTES The Members agree to engage in good faith efforts to resolve any disputes that arise over the establishment, operation or maintenance of the DCC. Members that have concems about the operations of the DCC may appear at meetings of the Operations Committee, Executive Committee and Board of Directors to discuss issues of concern. ARTICLE XV FORCE MAJEURE A Member shall not be liable to the DCC or another Member for the failure to perform an obligation under this Agreement due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting Member gives notice to the Board of Directors and Executive Committee as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authonty, and natural disasters ARTICLE XVI MISCELLANEOUS PROVISIONS 16.1 Entire Agreement. This Agreement shall supersede all pnor oral or written statements, agreements and understandings between or among the parties hereto with respect to the establishment and operation of a county-wide public safety communications center. (Discuss impact on contract for service cities') 16.2 Attorneys' Fees: In the event of litigation relating to the Agreement, the prevailing party (e.g the party whose position is substantially upheld) shall be entitled to recover from the losing party any costs or reasonable attorney's fees incurred by the prevailing party in connection with such litigation. 16.3 Severabdity. If any provision of this Agreement shall be held to be invalid by a court of competent jurisdiction, the remaining terms of this Agreement to the extent not inconsistent with any such holding, shall not be affected thereby if such remaining terms would then continue to conform with the requirements of applicable laws. 16.4 Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall be deemed to constitute one and the same agreement. Page 18 of 34 Joint Dispatch JPA 16.5 Waiver Any right or remedy that a party may have under this Agreement may be waived in writing by such party without the execution of a new or supplementary agreement, but any such waiver shall not affect the future exercise of the nghts of such party hereunder (to the extent not previously waived in writing) or any other rights of the parties not specifically waived. No waiver of any right or remedy by any party at any one time shall be deemed to be a waiver of any such nght or remedy in the future. 16.6 Amendments, Modifications This Agreement may be amended or modified only by a written document, duly executed by all parties that are Members of the DCC on the date the amendment is executed. 16.7 Section Headings The descriptive headings of the articles, sections and subsections of this Agreement are for convenience only and shall not affect the meaning or construction of any of the provisions hereof. 16.8 Governing Law. The respective rights, obligations and remedies of the parties under this Agreement and the interpretation thereof shall be governed by the laws of the State of Minnesota which pertain to agreements made and to be performed in the State of Minnesota. 16.9 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto. 16.10 Further Assurances Each party hereto shall from time to time execute, acknowledge and deliver such further instruments and perform such additional acts at no cost to such party as the other party may reasonably request to further effectuate or confirm the intent of this Agreement. 16.11 Good Faith: In exercising its rights and fulfilling its obligations hereunder, each party shall act in good faith Each party acknowledges that this Agreement contemplates cooperation between and among the parties. Page 19 of 34 Joint Dispatch JPA IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute §471.59. Approved by the City Council CITY OF APPLE VALLEY Date By Date of Signature Attest Date of Signature Page 20 of 34 Joint Dispatch JPA Approved by the City Council CITY OF ROSEMOUNT Date By Date of Signature Attest Date of Signature Page 28 of 34 Joint Dispatch JPA Approved by Dakota County Board COUNTY OF DAKOTA Resolution No. By Date of Signature Dakota County Attorney's Office Dakota County Judicial Center 1560 Highway 55 Hastings, MN 55033 651 -438 -4438 Dakota County Joint Dispatch IPA v5 7 -1-05 Approved as to Form (Asst County Atty): By Date of Signature Approved as to Execution (Asst County Atty): By Date of Signature Page 31 of 34 Joint Dispatch TPA o 0 1 2 lJJ- 0 'Ca 0 s. 2 :C E .8 o. E 0 E fo t 8 E ILI 7 Z. •Q 733 0) id a LJ w=t E E E 0 EO al mac 7 I i E 0 in 2 a. ct cn \0 En ZI $750,000 II 006`L89$ 0I 0 6 0 8 00 I L 00 5`L£V$ 0 0 0 O M 005`ZI£$ Z $125,000 Annual Months of O.eration 0 U q F 0 s. e St c o en L o i U t o s ea 0 C m a a cc 0' 0 00 CEn 0. 0 T E E O V 0 N N .0 O D N V N N G V •0 R y0 v O U E i .O a 0 O N 9" G O .d U N y v: a.� 0 w _a 0 "0 U w D 0 y .S 0 G N co •0 CZ O 0 L 0 G m g- E o O .n D ooc L A L Q 1 N 0 v 0 9 N O 0 N O y O U c U N O t T v 0 E 0 L t4-i C M 0 N a+ W 0 N o En m v o T L b c i2' 7 L O N N O a N a N 7 N D o-7 G o 0 0 3 0 G c a 0 o o k 7 0 r G •0 F C7 y N U L a d o ro ro v R L c 0 Q 7 0 t- 0 O C F t( v a't U 'O c S 0 0 0 J' E U c G O L 16 O 1- F N a 0 O Y U U a r X ra VI T G 'a .75 c 0 C zn r1 w O r�i 0. U w g 0 v a c c at M N N U t0 Q 0 V a 0 Table 2 Allocation County Subsidy Rosemount It Metropolitan Council Building communities that work www metrocouncll org August 3, 2005 Dear Regional Leader: We are inviting you to attend a regional policy conference on Wednesday, September 7, 2005, convened by the Metropolitan Council, the Humphrey Institute of Public Affairs of the University of Minnesota and The McKnight Foundation. This half -day conference entitled "The Developing Edge: Managing the Transitions" will focus on the development issues faced by communities— developing suburbs, rural communities and exurban communities -in the path of growth. This conference builds on the discussion at the first regional policy conference held in May 2004 on overall growth issues in the Twin Cities region. New York Times columnist David Brooks will keynote the event. Brooks is the author of On Paradise Drive (May 2004), a book that focuses on life m developing -edge suburbs. He argues that new suburbs "are not the bonng and conformist cul -de -sacs of popular repute but places where venerable and vibrant American traditions have taken root and flourished" Brooks is also a weekly guest on public television's "NewsHour with Jim Lehrer" and a regular commentator on National Public Radio. The conference will also feature three panels of local officials. One will focus on issues of fast growing suburbs. A second will highlight the issues confronting rural communities. The final panel will focus on growth in the Adjacent Counties. Each panel will spend 15 minutes to summarize their experience and key points regarding growth pressures and accommodating new development. An interactive audience discussion with the panels will follow. A cross section of regional and local leaders Metropolitan Council members, local and county officials, state government officials, business leaders, community organization leaders and university faculty —will attend. The conference will be held at the Continuing Education Center on the University of Minnesota's St. Paul Campus. The conference agenda, a map showing the location of the conference including parking information, and a fax -back response form are enclosed. Since space is limited, please respond with the fax -back form or call or email Mant Enerson at menersonQ hhh mnn,edu or (612)625 -8575 no later than August 31. Best Regards, Metropolitan Council Humphrey Institute The McKnight Foundation REC'D AUG 5 2005 5 tcwt J Acv .L 230 East Fifth Street St Paul, Minnesota 55 10 1 -3 626 [651) 602 -1000 Fax 602 -1550 TTY 291 -0904 An Equal Opportunely Employer Metro Into Line 602 -1888 9:45 AM Break Regional Policy Initiative Conference #2 The Developing Edge. Managing the Transitions September 7, 2005 7:30 AM to 12 Noon AGENDA 7:30 AM Registration and Continental Breakfast 8:00 AM Welcome and Introductions, Peggy J. Birk, Interim President McKnight Foundation and J Brian Atwood, Dean, Humphrey Institute of Public Affairs 8:15 AM Keynote David Brooks "Suburban Growth A National Perspective" 9.00 AM Introduction, Panel Discussions, Peter Bell, Chair of the Metropolitan Council The Developing Edge Managing the Transitions 9:05 AM Discussion Panel #1: Today's Developing Suburbs Overview presentation: Bryan Schafer, Community Development Director, City of Blame Participating Panelists: Patrick Trudgeon, Community Development Director, City of Ramsey Dave Olson, Community Development Director, City of Lakeville Audience discussion with panelists 10:00 AM Discussion Panel #2: Rural Communities in the Path of Development Overview presentation: Mike Greco, Eureka Township Envisioning Task Force and Vice Chair Eureka Township Planning Commission, Eureka Township Participating Panelists: Leslie Vernullion, Director of Public Works, Scott County David Engstrom, Mayor, City of Afton Audience discussion with panelists 10:45 AM Discussion Panel #3: Communities in the Adjacent Counties Overview Presentation: Alan Cottmgham, Planning Director, City of North Branch Participating Panelists: Denny Darnold, Community Development Director City of Hudson, Wisconsin Nancy Spooner Mueller, Plannei-Zoning Administrator, Goodhue County Marc Weigle, Community Development Director, City of St. Michael Audience discussion with panelists 11:30 AM Observations and Summary David Brooks and Peter Bell 11.50 AM Wrap Up What's next 12.00 Noon Adjournment REGIONAL POLICY INITITATIVE CONFERENCE Continuing Education and Conference Center 1890 Buford Avenue University of Minnesota, St. Paul Campus September 7, 2005 Fax -Back Response Form 612- 626 -9833 Yes, I plan to attend the Regional Policy Initiative Conference on September 7, 2005 No, I do not plan to attend Name Title Organization Address City /State /Zip Phone Fax E -mail Please RSVP to Marit Enerson no later than August 31, 2005 Fax: 612 626 -9833 Phone: 612 625 -8575 E -mail: menerson(aDhhh.umn.edu Directions Continuing Education and Conference Center Driving directions and map to the Continuing Education and Conference Center From 1 -694 take 35W south to the Cleveland Avenue exit (Note: exit to the left). Follow Cleveland Avenue to Larpenteur Avenue Go east (left) on Larpenteur to Gortner, turn south (nght) on Gortner and go to Buford Avenue. Turn east (left) on Buford Avenue to the parking area. From I -35W take the Highway 36 exit and turn south on Cleveland Avenue to Larpenteur Avenue Go east (left) on Larpenteur to Gartner, turn south (right) on Gortner and go to Buford Avenue Turn east (left) on Buford Avenue to the parking area. From downtown St. Paul: Go west on I -94 to Snelling Ave. Go north on Snelling Ave. to Larpenteur Avenue. Go west (left) on Larpenteur to Gortner, turn south (left) on Gortner and go to Buford Avenue. Turn east (left) on Buford Avenue to the parking area. From downtown Minneapolis. Go east on I -94 to MN -280, exit number 236 (Note. exit to the left). Merge onto MN -280 north Exit at Larpenteur Ave. Take Larpenteur east (nght) to Gortner (3rd traffic light). Turn south (right) on Gortner and go to Buford Avenue. Turn east (left) on Buford Avenue to the parking area Parking Rates: P arking Lot/Ramp !'.Price Lot S102 Contract Parking Only Lot S104 Lot S108 ortner Ramp 4 $5 if m before 7 a.m. or after 4:30 p.m. $2.50 0-1 hours $5 00 1 -2 hours $7.00 2 -3 hours 1 00 3 -4 hours $9 00 4 -5 hours 0 00 5 -6 hours 1.00 6 -7 hours 112 00 daily maximum 94 5 per day Closed for the Summer ae lar9enteurAvenue 51 Paul Student Center G Ca rter Commonweal e 00100 Avenue Continuing Education and Conference Center Slate Fa grange Dan Palch Avenue Sun Newspapers MNSUN.com New runway means new noise in Apple Valley if_ MN riSUN S a 9 y(/ /'illy G a nt Page a community newspapers _for New runway means new noise in Apple Valley By Erica Christoffer \Sun Newspapers (Created Wednesday, August 3, 2005 3 00 PM CDT) The twinkling glimmer of airplane headlights will be a new addition to Joel Jorgenson's view of the night sky. Living on the north side of Apple Valley just under the planned arrival track for the new Minneapolis -St. Paul International Airport (MSP) runway 17/35 set to open this October Jorgenson has been following news on airport expansion closely. On July 26, he, along with about 50 other residents, attended the first of three noise impact public meeting conducted by the Metropolitan Airports Commission (MAC) and the city of Apple Valley to give residents a chance to further understand the anticipated noise impacts on the community. Chad Leqve, manager of aviation noise and satellite programs office at MSP, presented information and fielded questions. "I just wanted to hear what they had to say," Jorgenson said. "I've been following a lot of it through their Web sites anyway and I've seen a lot of the maps they've shown. Apple Valley Mayor Mary Hamann Roland opened up the evening by saying, "It is an emotional issue for us because It Is our home." And that emotional issue turned into an emotional discussion for some residents with concerns about quality of life and property values being affected by the new runway. The history of the MSP expansion dates back to 1989 when the Minnesota Legislature directed MAC to determine how to meet the region's aviation needs through 2020. Thus, a duel track planning process began, addressing a proposal to either build a new airport in northeast Dakota County or to keep the airport at its current location and expand. The decision to end the dual track planning process carne in 1996, when MAC was directed to implement a 2010 expansion plan at MSP. A few years later, the final environmental impact statement record of decision was issued, as was the final federal approval to implement the 2010 plan. "This was really the process that started us down the path that included the new runway," Leqve said. Besides the new runways, other elements in MSP's $3.1 billion 2010 plan include the new Humphrey Terminal, Light Rail, rehabilitation and repair projects, Concourse C extension, construction of Concourses A and B for regional Jets, additional parking facilities, reliever airport enhancements, deicing /holding pads and other miscellaneous projects. "In short, it's a very significant investment in airport infrastructure at Minneapolis -St. Paul International Airport as part of this 2010 plan," Leqve said. Situated east of Cedar Avenue and north of Interstate 494, Runway 17/35 has a north -south heading, with arriving and departing flights using the runway from the south. "We anticipate about a 25- percent operational capacity enhancement," said Leqve. Projected use for Runway 17/35 is 37 percent of total airport departures, about 300 daily flights on average, and 16.5 percent of arrivals, an average of 132 daily flights. The highest portion of departures from MSP will be made from 17/35 as compared to the other three runways once operations are in full swing. "These are averages, there will be days throughout the year where these numbers are lower or higher, depending on what's occurring at the airport as far as wind conditions and capacity requirements," Leqve said. However, the highest percentage of total air traffic wilkcontinue to utilize the Mendota Heights -Eagan corridor, he Page 1 of 2 http: /www.mnsun.com/articles/ 2005 /08/09 /news /avO4noisemeet.prt 8/10/2005 Sun Newspapers MNSUN com New runway means new noise in Apple Valley Page 2 of 2 said. To reduce noise impacts for south metro communities, MSP has implemented a 2.S- nautical -mile turn point procedure for departures heading west, taking planes over the river valley. That means departing planes will fan in routes, not following any single flight path. Several departing tracks will cross over Apple Valley, including three major routes, two falling on the east side of the city and one of the west near the Burnsville border. Arriving planes are another story; they all follow a regulated streamlined flight path toward the runway centerline. Runway 17/35's arrival track falls directly over Apple Valley just east of Cedar Avenue, largely following Galaxie Avenue. MAC measures sound levels on a 24 -hour average and any flights between 10 p.m. and 7 a.m. receive a 10 -dB penalty. Once a community reaches a 65 dB daily noise level average, it is recognized by the FAA as eligible for noise mitigation. Yet even with the opening of the new runway, Apple Valley will be far from that daily level, Leqve said. However, to better describe to residents the noise impact that will occur, MAC has developed a Web site www.macnoise.com where visitors can check flight tracks near their home, as well as statistics and aircraft types. The Web site also directs folks to a location in the Twin Cities with a similar flight track noise level. Leqve said he encourages residents to visit that similar location to experience what the noise will be like. For example, Falcon Ridge Middle School is about nine miles from the airport. A noise monitor at 8.8 miles from runway 12R at Anne Marie Trail and Robert Trail in Inver Grove Heights has a similar aircraft over flight noise level. MAC officials provided a worst -case outdoor noise level examples for the audience, playing recordings of a DC9 with a hush kit at 75 dB and a Boeing 757 at 68 dB. Jorgenson appreciated the sound example that was demonstrated, mimicking the noise of both types of aircraft. "I'm not overly concerned about it myself," Jorgenson said. "I think with the fanning effect it's going to spread the noise out fairly well." Others felt the noise demonstration was too short in duration and didn't accurately represent what the over flights would sound like. "In the context of the new runway and the presentations we're doing, It's a hard message because I cant come down here and tell you that the new runway is going to open up and we've figured out a way to have no new noise at this airport," Leqve said. "The intent of me coming down here and sharing this information with everybody is to try to prepare residents for what is coming." The final two meetings will take place Tuesday, Aug. 23, at Falcon Ridge Middle School and Tuesday, Aug. 30, at Scott Highlands Middle School. Both meetings will start at 6 30 p.m. For more information visit www.macnoise.com or call the noise complaint and information hotline at 612 726 -9411. This site and its contents Copyright 2005. Sun Newspapers Main Office. 952- 392 -6800 webinfo ©mnsun.com SUN http: /www.mnsun.com/articles/ 2005 /08/09 /news /av04noisemeet.prt 8/10/2005 Verbrugge,Jamie From: Peterson, Lynn [Ieterson @LMNC.ORG] Sent: Wednesday, August 10, 2005 1 19 PM To: General legislative Subject: [legislative] ACTION ALERT Federal Anti -Cable Franchising Legislation August 10, 2005 ACTION ALERT TO: Mayors, Councilmembers, Cable Franchise Administrators FROM: Ann Higgins, IGR Representative RE: Federal Anti -Cable Franchising Legislation 8/10/2005 Page 1 of 2 Congress is currently considering a bill that poses a grave threat to local cable franchises. We need you to contact members of the Minnesota Congressional delegation to express your strong opposition to S. 1504 the Broadband Investment Consumer Choice Act. Members of the Minnesota Congressional Delegation must understand cities' concerns and recognize serious opposition by local officials to S. 1504 and any other federal legislation that threatens to eliminate or seriously weaken local cable franchising authonty. S. 1504, introduced by Sen. John Ensign (R NV), would make the far reaching changes to the federal Communications Act, immediately eliminating existing cable franchises and severely restricting any future role for cities in negotiating franchise requirements to provide for institutional networks (I -Nets) or capacity on local cable systems for public, educational and government (PEG) programming. The League of Minnesota Cities and the National League of Cities are concerned that the bill, introduced just as members of Congress left for their summer recess, poses the most immediate threat to the future of municipal cable franchising. City officials must make sure that members of the Minnesota Congressional Delegation know that city officials also strongly oppose provisions in HR 3146, introduced by Rep. Blackburn (R -TN), and S. 1349, introduced by Senators Smith (R -OR) and Rockefeller (D -WV), that call for national cable /video franchising, thereby allowing new entrants competing with incumbent cable companies to offer competing video programming services without obtaining a local franchise. While HR 3146/S. 1349 retain city authority to collect franchise fees, manage public rights -of -way and continue PEG channels, it is evident that effective exercise of that authority would be much more difficult under terms of this legislation since provisions give cable and other new competitive tv programming service providers (such as phone companies, FFTH (fiber -to- the -home) or BPL (broadband over powerline) permission to turn on cable /video services without notifying the city. While the legislation retains language prohibiting economic redlining, provisions fail to provide for enforcement. S. 1504 goes further. Provisions would not only do away with existing cable franchises, but would also: Create new federal policy applicable to all video service providers both incumbents and new entrants that would pre -empt local franchising authority; Limit the amount of fees cities can collect to the cost of managing local rights -of -way; Change the definition of gross revenues of such providers upon which fees are based; Eliminate I -Nets and PEG capital grants and support and restrict PEG to no more than four channels; Pre -empt local authority to impose quality of service and consumer protection measures; Repeal anti redlining "cherry- picking protections and end any local build -out requirements for new entrants; Grant private providers the right of first refusal before cities would be allowed to provide municipal communications services. Telecommunications industry lobbyists and officials representing the telecommunications industry are unfairly claiming that local franchising and municipal entry are barriers to entry to the private sector. Local officials can point to strong support at the local level for non exclusive franchise requirements in the Minnesota Cable Act that promote competition. In fact, at least 25 cities in Minnesota now have competitive cable franchises in place. It is also important to point out that the League and the Minnesota Association of Community Telecommunications Administrators (MACTA), which represents city cable franchise administrators, and the Minnesota Telecommunications Alliance (MTA), representing telephone companies operating throughout the state, reached agreement and worked together to support state legislation during the 2005 state legislative session to make it possible for local franchising negotiations to assure true competition meets community needs, rather than leaving that outcome to be determined solely by private providers. Without such authority, hard -to -serve locations and lower- income neighborhoods would be less likely to benefit from competition. Strong lobbying by incumbent cable companies that sought to protect their existing franchise service areas from competition from new providers prevented final floor action on the bill. Please call or email members of the Minnesota Congressional Delegation to alert them to your concerns or take the opportunity to talk directly with them during local events or scheduled meetings in the district during the summer recess, now through the State Fair. To e -mail your concerns, click on the name below for a direct link to their web page and click "contact me." Senator Mark Dayton Senator Norm Coleman* Congressman Gil Gutknecht Congressman John Kline Congressman Jim Ramstad Congresswoman Betty McCollum* Congressman Martin Sabo Congressman Mark Kennedy Congressman Collin Peterson Congressman James Oberstar Indicates former Minnesota City elected officials You are currently subscribed to legislative as: unknown lmsubst tag argument: To unsubscribe send a blank email to leave legislative- 9792N @listserv.lmnc.org This email has been scanned by the MessageLabs Email Security System. For more information please visit http. /www.messagelabs.com/email 8/10/2005 Toll -free 888- 224 -9043 Toll -free 800 -642 -6041 Toll -free 800 862 -8632 Toll -free 888 808 -6644, Burnsville 952- 808 -1213 Minnetonka 952- 738 -8200 St. Paul 651- 224 -9191 Minneapolis 612 664 -8000 Buffalo 763- 684 -1600 Detroit Lakes 218- 847 -5056 Duluth 218 727 -7474 Page 2 of 2