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Home My WebLink About07.20.09 Council Packet City of Farmington 430 Third Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation. the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING JULY 20, 2009 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS / COMMENDA TIONS a) Eagle Scout Project - Jesse Cardinal 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (7/6/09 Regular) b) 2nd Quarter Building Permit Report - Building Inspections c) 2nd Quarter Investment Report - Finance d) 2009 Wetland Health Evaluation Program - Natural Resources e) Approve Grant Application - Fire Department f) Approve 2010 ALF Budget - Human Resources g) School and Conference Parks and Recreation Commission - Parks and Recreation h) Adopt Ordinance - Amending Erosion Control Required - Planning i) Adopt Ordinance - Amending the Zoning Definitions - Planning j) Acknowledge Parks and Recreation Commission Resignation - Administration k) Approve Settlement Agreement Charter Communications - Administration 1) Adopt Resolution - Consent for Charter Communications Re-organization - Administration m) School and Conference - Finance n) Approve Bills 0) Approve Minnesota Green Corps Agreement - Engineering 8. PUBLIC HEARINGS Action Taken Approved Approved Information Received Approved Authorized Approved Approved Approved Ord 009-605 Ord 009-606 Acknowledged Approved R27-09 Information Received Approved R28-09 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve Flooring Agreement Rambling River Center Construction Project - Parks and Recreation b) Liquor Operations Report - Liquor Operations (verbal) c) June 2009 Financial Report - Finance 11. UNFINISHED BUSINESS a) Twitter and Facebook Report - Human Resources (verbal) 12. NEW BUSINESS a) Boards and Commissions Vacancies Update - Administration b) Dew Days Update - Administration (verbal) 13. COUNCIL ROUNDTABLE 14. ADJOURN Approved Information Received Approved Information Received Haley & McMillen- Park & Rec Com Kuyper - Planning Com August 3 Meeting City of Farmington 430 Third Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation. the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING JULY 20, 2009 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Eagle Scout Project - Jeffe Cardinal 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Openfor Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (7/6/09 Regular) b) 2nd Quarter Building Permit Report - Building Inspections c) 2nd Quarter Investment Report - Finance d) 2009 Wetland Health Evaluation Program - Natural Resources e) Approve Grant Application - Fire Department f) Approve 2010 ALF Budget - Human Resources g) School and Conference Parks and Recreation Commission - Parks and Recreation h) Adopt Ordinance - Amending Erosion Control Required - Planning i) Adopt Ordinance - Amending the Zoning Definitions - Planning j) Acknowledge Parks and Recreation Commission Resignation- Administration k) Approve Settlement Agreement Charter Communications - Administration I) Adopt Resolution - Consent for Charter Communications Re-organization- Administration m) School and Conference - Finance n) Approve Bills Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve Flooring Agreement Rambling River Center Construction Project - Parks and Recreation b) Liquor Operations Report - Liquor Operations (verbal) c) Approve Minnesota Green Corps Agreement - Engineering d) June 2009 Financial Report - Finance 11. UNFINISHED BUSINESS a) Twitter and Facebook Report - Human Resources (verbal) 12. NEW BUSINESS a) Boards and Commissions Vacancies Update - Administration b) Dew Days Update - Administration (verbal) 13. COUNCIL ROUNDTABLE 14. ADJOURN Page 15 Page 16 Page 17 Page 18 7a- COUNCIL MINUTES REGULAR JULY 6, 2009 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Larson, Fogarty, May, Wilson Donnelly Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Cynthia Muller, Executive Assistant Skip Moench 4. APPROVE A GENDA Councilmember May pulled item 7f) Approve Bills for discussion MOTION by Fogarty, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS Mr. Skip Moench, 19 Elm Street, spoke regarding his window that was broke during the Elm Street reconstruction project. He spoke with City Administrator Herlofsky regarding the $250 he felt the City owes him because he will not be receiving this because of this claim. He noted the City does not intend to pay him $250. Mr. Moench stated he cannot understand why he received a bill from a contractor breaking a window that the City hired and there is proof the window was okay before the project. He recalled Mayor Larson came out before he was Mayor and told him the City has insurance for something like this. Mayor Larson clarified he said the contractor has insurance for items like this. Mr. Moench asked why the contractor was not billed as he was the one that broke the window. He also spoke with Councilmember Fogarty who said she was glad he called because the bills were not taken care of. Mr. Moench asked why the City could not bill the contractor? That is what the Council is for to take care of it. He checked with other cities to find out their opinion and they were nothing like Farmington. He would never have seen the bill. Mayor Larson stated he was under the impression City Administrator Herlofsky and Mr. Moench's insurance company had negotiated a deal and it was done. Mr. Moench stated it should not have been his insurance in the first place. That is why he is missing $250. He never had a claim before and he always received $250 because of this. Now that his insurance was billed, he is out that amount. That is why the Council is sitting there. He felt the Council should say he has it coming. That is what they were Council Minutes (Regular) July 6, 2009 Page 2 voted in for. Residents wanted them to straighten out the town. That is why they are here instead of the other Council. We could just as well as left them in. Mayor Larson stated he was not aware of the $250 until the last meeting. Mr. Moench stated he received this every time because he did not have any claims. Mr. Moench stated City Administrator Herlofsky did not make any calls; he had to make the calls to get the estimate and then he had to call his insurance to call City Administrator Herlofsky. City Administrator Herlofsky stated the original request from Mr. Moench was for $4,000. After some discussion with his insurance company and the contractor, the entire cost of the window with the crack and three other windows were all covered for less than $1,000. The City paid the $500 deductible and the insurance company paid $490. There is no out of pocket expense by Mr. Moench. What he is concerned about is that he has received a rebate from his insurance company based on whatever policy he has and he is short that amount. The window is fixed, there has been no out of pocket expense by Mr. Moench and the report provided to Council outlined that entirely. Mr. Moench asked why his insurance had to pay it in the first place. Why was it not taken off the bill from the contractor that the City hired? Mayor Larson stated he agreed with Mr. Moench that it should have come out of the contractor's bond or insurance company. City Attorney Jamnik stated the normal process is for the resident to make a claim. It is sent to the insurance company, the insurance companies for the contractor and for the League of Minnesota Cities made a determination of declaration that they had not established the cause. Mr. Moench's perspective is that there were pictures beforehand and then after the project the window was cracked. There is no evidence that the day it was cracked that there was something going on or a connection. The insurance company denied coverage. City Administrator Herlofsky worked with them to broker a settlement. The matter was processed in accordance with normal claims that are filed against the City. None of the insurance companies could determine what caused the broken window so everyone paid a portion of it to make Mr. Moench whole. Mr. Moench noted as far as it not being the contractor, a house a block away had paint cans fall off the shelf. City Attorney Jamnik stated that is up to the insurance company to evaluate whether it was something else, such as a rock thrown by someone, a car did it, temperature changes, etc. Just because there is a work crew in the area does not mean the work crew caused it. That is what is evaluated by the insurance. The City does occasionally disagree with that and staff can work with the insurance company to review the issue. It is ultimately the insurance company's job to make sure that those claims are properly paid so someone does not come in asking for money and the City simply pays it. The normal claims management process was followed in this case, plus City Administrator Herlofsky went the extra mile to broker the deal which was accomplished. Councilmember Wilson interpreted Mr. Moench's comments to be that whenever a situation happens, regardless of where liability falls, there would be a pot of money sitting there for payout and that is never the case. It has to go through a homeowners insurance, contractor's insurance, and the City's insurance. The insurance would never be left out of the picture. City Attorney Jamnik agreed. It is a fault based system. It is Council Minutes (Regular) July 6, 2009 Page 3 an insurance based evaluation of the claim and a determination is made whether to pay it or deny it. That is not done within City Hall; that is the insurance company that makes that determination. The danger is if you do not follow that procedure, you do not have a policy in place that guides the City on evaluation of those claims. The City does not have a pot of money where anytime anyone who is injured can access that. It is a fault based system through the insurance. Councilmember Wilson suggested Mr. Moench talk with his insurance company regarding the rebate. Mr. Moench stated he has always received $250 back until this happened. He cannot understand the City's insurance. He had nothing to do with it. His insurance is stuck with the bill. The City hired the contractor that broke the window. The contractor measured out from the house and Mr. Moench stated he just had to walk down the street a block and see where the vibration knocked the paint cans off the shelf. Mayor Larson stated two insurance companies, the contractor's and the League of Minnesota Cities, are saying there is no evidence that the construction broke the window. City Administrator Herlofsky helped to negotiate a deal. 7. CONSENT AGENDA MOTION by Fogarty, second by Wilson to approve the Consent Agenda as follows: a) Approved Council Minutes (6/15/09 Regular) b) Acknowledged Retirement Fire Department - Human Resources c) Adopted RESOLUTION R26-09 Accepting Donation 2009 Dew Run - Parks and Recreation Councilmember Wilson thanked Life Wellness Center, Bruegger's Bagels, Kwik Trip, and Runnner's Gate for their donations to the Dew Run. Mayor Larson commented that it was a great event and there were 450 people who participated. d) Approved School and Conference - Parks and Recreation e) Approved School and Conference - Parks and Recreation APIF, MOTION CARRIED. f) Approve Bills Councilmember May asked about a payment of $1 0,185 to Insight Public Sector for machinery and equipment. Staff will check on the item and advise Council. MOTION by Fogarty, second by Wilson to approve the bills. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve Rambling River Center Construction Project Lighting Improvements and Installation of Additional Dura-Ceramic Flooring - Parks and Recreation Because the drop ceiling was not re-installed in the multi-purpose room, lighting needed to be installed. Staff also solicited quotes for energy efficient lighting Council Minutes (Regular) July 6, 2009 Page 4 throughout the entire building. It would also be more efficient to have dura- ceramic flooring installed in the kitchen area rather than laminate. Helm Electric submitted the low quote for the lighting for $12,425.00. There will be a savings of 50% annually in electric costs with the new lighting. The City will also receive $1500 - $1700 in rebates. The additional dura-ceramic flooring would be $1,592.85. These costs were not shown in the original plan. Staff is asking to reallocate some of the money saved on the sprinkler and fire alarm system. With the lighting upgrade there will be $27,275 remaining from the fire and sprinkler alarms. The cost of the flooring will be applied to the $30,000 for the multi- purpose room leaving a balance of $28,400. This will be used for the rest of the flooring in the multi-purpose room. There was $264,385 budgeted. Currently based on these expenditures and previous quotes there is $117,391 remaining. Councilmember Wilson cautioned that it would be fine to have a balance left over. Councilmember Fogarty noted a 50% savings in energy is fantastic. She asked how long it will take to pay back the extra cost. Staff estimated it to be 3.5 years to cover the costs. Councilmember May stated she cannot support this. At the last meeting there were doors that were not part of the plan. She understood there were some lights that had to be installed, but was concerned about the upgrades. Fundraising letters were sent to residents to help us remodel and get the move completed and now we are talking about upgrades. She felt we should get in the building and then look at specific fundraising activities for upgrades. There really isn't a pool of money there. We are still trying to raise it. Whatever we can do to save money is fantastic. The savings for the lighting bill sounds nice, but felt we could look at that in a year. She felt we should stick to the budget and get moved in. MOTION by Fogarty, second by Wilson to approve the agreement with Helm Electric for completing the Rambling River Center Construction Project's lighting improvements and approve the installation of Dura-Ceramic flooring in the food warming area of the multipurpose room by Bierman's. Voting for: Larson, Fogarty, Wilson. Voting against: May. MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Authorize RFP Engineering Services Walnut Street Project - Engineering Staff requested to send requests for proposals to several engineering firms for quotes to do the feasibility report. The plan is to prepare the proposal and solicit from companies staff is familiar with to do the work, and bring it to Council based not solely on costs, but on their past performance in other cities on projects ofthis size and the references from other cities. The budget impact would be limited to the amount of staff time it takes to put the proposal together, the supplies and the staff time to evaluate the proposals. The budget impact of the feasibility report would be brought back to Council with staff's recommendation. The purpose of doing this now, is to put the project out to bid early next year. Council Minutes (Regular) July 6, 2009 Page 5 Councilmember Wilson noted Walnut Street has a fair amount of church and school property. Only those directly impacted by the improvement would be assessed. He asked if those residents were also assessed in the last three to four years for the Elm Street or Ash Street projects. Staff noted some would have been affected by the Elm Street project and some by the Ash Street project. Councilmember Wilson noted there is a lot of work that needs to be done downtown, but the same people are being assessed every three to four years and he was not comfortable with that. He also asked about the $5,000 cost and what that is paying for. City Engineer Schorzman stated that covers staff time it will take to do this, supplies for mailings, and the evaluation process. The $5,000 is not additional funds, it is the amount that will be allocated for this project. Councilmember Fogarty clarified some of the funds will come from assessments, but asked if the rest would come from sewer and water funds and not bonds. City Engineer Schorzman stated there is a possibility it could be paid for with bonds. Councilmember Fogarty stated this is exactly what Council asked staff to do and she supported doing this. Her concern was the shelf life of the report if they decide not to do the project next year because of budget concerns and not wanting to levy more dollars. Staff replied any updating to the report would be on the project budget cost estimate side. It will not significantly change over time. Councilmember May asked about the purpose of the feasibility report. City Engineer Schorzman explained it is an evaluation to determine if what they are proposing to do to the road is feasible from an engineering standpoint and it sets the framework for how the plans and specifications will be developed based on the needs identified in the report. You do not receive hard numbers from the report. MOTION by Fogarty, second by May to authorize staff to prepare an RFP and solicit proposals for the preparation of the feasibility report for the Walnut Street Reconstruction Project. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE a) Set Strategic Planning Dates - Council Council set July 22,2009 from 2:00 - 8:00 p.m. and the second session on August 5,2009 from 5:00 - 8:00 p.m. b) Mayor's Request for Twitter and Facebook - Mayor Larson Mayor Larson received information from the school district on twitter and facebook. If the school is using this form of communication he suggested the City should also look into this. Council agreed on looking into these options and staff will prepare a work plan for the next meeting. Councilmember May: Regarding Mr. Moench, she stated it is difficult when someone is not happy, but thanked City Administrator Herlofsky for his work on this issue. It is a process and unfortunately accidents happen and that is what insurance is for. Council Minutes (Regular) July 6, 2009 Page 6 We do not always like the way it turns out. He was made whole with no money out of his pocket. She made it to one Dew Days event and asked if Council would be receiving an update on how the whole festival went. The City does spend a lot of time and money on it and it would be nice to have a recap. Mayor Larson noted there is a CEEF meeting on Wednesday to go over the numbers and once that is done, we would have more information. Councilmember Fogarty: Congratulated the winners from the Miss Farmington Pajeant - Rachel Marzahn was crowned Miss Farmington, 15t Princess is Anna Limbeck, 2n Princess is Chelsea Kampa. Little Miss is Emma Smith, 15t Princess is Kelsie Vincent, and 2nd Princess is Gabbie Hudson. She attended the Pageant and not only was it very well M.C.'d it was very much improved. She was impressed with the candidates and if they are any indication of the future of Farmington we are in good hands. They were extremely well spoken, very motivated, and very much out in the community doing good things. They were the best talents she had ever seen. City Administrator Herlofsky: The Farmer's Market will start this Thursday and will be held every Thursday through September 24, from 3 - 7 pm. There are 15 vendors signed up. Mayor Larson: Regarding Dew Days, he thanked Maribeth Vanderbeck and all the volunteers for putting that program together. The entertainment and the programs were spectacular. One thing they could not control was the turnout and that was missing. She put in a lot of hard work and they did an incredible job of putting together a fantastic event. 14. ADJOURN MOTION by Fogarty, second by Wilson to adjourn at 7:47 p.m. APIF, MOTION CARRIED. Respectfully submitted, f}~- /n~ Cynthia Muller Executive Assistant /b City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Council Members, City Administrator Ken Lewis, Building Official ;21- Second Quarter 2009 New Construction Report and Population Estimate FROM: SUBJECT: DATE: July 20, 2009 INTRODUCTION The following report summarizes the new construction permits issued during the second quarter of 2009 and the second quarter population estimate. DISCUSSION Second Quarter Building Permit Information: During the second quarter of the 2009 building construction season (April 1st through June 30th), the City issued 11 new single-family detached housing permits and 0 new multi-family permits, for a total of 11 new second quarter housing permits. Construction valuation for the single-family homes totaled $2,396,500. The average building valuation of the single-family homes during the second quarter of 2009 was $217,864, up from $207,338 during the first quarter of 2009. (Note that the valuation averages do not represent the average sale price or average market value of the homes in question, since they do not include the value of the lot or any amenities added to the home that are not part of the building code formula). Year-End Population Estimate: At the beginning of 2003, City staff decided that each quarterly building permit report should also include an updated population estimate for the City of Farmington. After discussing several methods of calculating population, a decision was made to base our population estimates on Certificates of Occupancy rather than upon building permits. Building permit activity is not a "real time" reflection of actual population, given the "lag time" between the issuance of the permit and the actual occupancy of the dwelling unit (i.e., the time required to construct, market and sell the home). Accordingly, staff started with the City population as of April 1, 2000 (as determined by the U.S. Census Bureau) and then determined the number of Certificates of Occupancy [C.O.s] issued by the City since that date. The number of C.O.s was multiplied by 2.95, which was (according to the 2000 Census) the average number of occupants per Farmington dwelling unit. The resulting calculations are as follows: 20490 :!:.....li 20502 + 142 20,644 + 124 20,768 +227 20995 +77 21072 + 101 21,173 + 101 21,173 L..1l 21,244 + 54 21,298 + 45 21,343 + 48 21,391 + 115 21,506 Estimated population as of December 31,2006 = 4 units brought in by annexation for the period from 1/1/06 to 12/31/06 X 2.95 Estimated population as of December 31,2006 = 48 Certificates of Occupancy issued for the period from 1/1/07 to 3/31/07 X 2.95 Estimated population as of March 31, 2007 = 42 Certificates of Occupancy issued for the period from 4/1/07 to 6/31/07 X 2.95 Estimated population as of June 31, 2007 = 77 Certificates of Occupancy issued for the period from 7/1/07 to 9/30/07 X 2.95 Estimated population as of September 30, 2007 = 26 Certificates of Occupancy issued for the period from 10/1/07 to 12/31/07 X 2.95 Estimated population as of December 31, 2007 = 34 Certificates of Occupancy issued for the period from 1/1/08 to 3/31/08 X 2.95 Estimated population as of March 31, 2008 = 34 Certificates of Occupancy issued for the period from 1/1/08 to 3/31/08 X 2.95 Estimated population as of March 31, 2008 = 24 Certificates of Occupancy issued for the period from 4/1/08 to 6/30/08 X 2.95 Estimated population as of June 30, 2008 = 18 Certificates of Occupancy issued for the period from 7/1/08 to 9/31/08 X 2.95 Estimated population as of September 31, 2008 = 15 Certificates of Occupancy issued for the period from 10/1/08 to 12/31/08 X 2.95 Estimated population as of December 31, 2008 = 16 Certificates of Occupancy issued for the period from 1/1/09 to 3/31/09 X 2.95 Estimated population as of March 31, 2009 = 39 Certificates of Occupancy issued for the period from 4/1/09 to 6/30/09 X 2.95 Estimated population as of June 30,2009. ACTION REOUIRED This item is informational in nature. No action is required Respectfully Submitted, ~,,~ Ken Lewis Building Official (f) != 2 0:: W 0... <.9 z is -' ::::> al >- -' 0:: W I- 0:: <{ ::::> a , -s .~ 2 c 303::> OJE>> Z~E c co 3u. o I- w u~ .- 0 :0::::: :J co 0... c o 3:~ OJ :J z~ Vl E ro~ E :J Vl Vl :J Vl -g~ "i "f ~cf ~"O t) OJ ~ :J OJ Vl E Vl E-;;; o .~ U E 3 ~ OJ OJ zo... "'iii E OJ :g tJ) II) .-t::: OJ C 0::::> "'iii '0 I- ~ ~ OJ .: 0:: Vl :J 3 0 OJI Z 2 "c ::> x OJ i5. :J o 3 OJ z 2 "c ::> u. 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Q) en 3: +-' en Q) tn :J 'S; ~ C) Q) :J c::: Q) <( c: '> ctl Q) 0::: a:: m ~ co +-' C :J Q) 0 ~ J C) I- oe ctl "0 D.. - 0- C Q) Cii 0 +-' ~ ::s Q) :::!i! :J E c c: C :J :J J (J < (J <( >> ctl ~ ";:: a. <( L... ctl ~ co 0> 0 0 0 0 N N I I I I (J Q) o > o Z . .0 Q) u.. . c: ctl J o o LO N o o N o o ..- o LO o LO ..- paMa!^a~ sueld 7~ City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administra~ Robin Roland, Finance Director \.....' FROM: SUBJECT: Quarterly investment report - June 30, 2009 DATE: July 20, 2009 INTRODUCTION & DISCUSSION Pursuant to the City investment policy reporting requirements, the attached investment schedule reflects the City's holdings as of June 30, 2009. An analysis of the portfolio is also provided to reflect where the holdings are classified by investment type and maturity. ;r~d' - Robin Roland Finance Director CITY OF FARMINGTON INVESTMENT PORTFOLIO ANALYSIS Credit Risk Value Value Value Value 12/31/2006 12/31/2007 12/31/2008 6/30/2009 Percentaae Percentaae Percentaae Percentaae Commercial Paper $ 4,566,578 29.0% $ 7,692,089 33.6% $ 1,496,250 7.3% $ - 0.0% Negotiated CD's 854,192 5.4% 1,532,283 6.7% 6,529,808 31.9% 8,247,521 55.7% US Agencies 9,468,960 60.2% 11,456,267 50.0% 7,977,955 39.0% 3,252,020 22.0% Municipal Obligations 300,413 1.9% 73,513 0.3% 56,036 0.3% 15,000 0.1% Anchor Investment Pool 0.0% 3,228,946 15.8% 1,988,615 13.4% 4M Investment pool 546,209 3.5% 2,172,948 9.5% 1,158,274 5.7% 1 295 711 8.8% Total Investments $ 15,736,352 $ 22,927,100 $ 20,447,269 $ 14 798 867 Interest Rate Risk Value Value Value Value 12/31/2006 12/31/2007 12/31/2008 6/30/2009 Percentaae Percentaae Percentaae Percentaae Less than One (1) year $ 7,230,042 45.9% $ 14,353,573 62.6% $ 11,857,622 58.0% $ 7,202,826 48.7% One (1) to Five (5) years 5,998,033 38.1% 6,326,630 27.6% 6,280,568 30.7% 5,411,755 36.6% More than Five (5) years 2,508,277 15.9% 2,246,897 9.8% 2,309,079 11.3% 2 184286 14.8% Total Investments $ 15,736,352 $ 22,927,100 $ 20,447,269 $ 14798867 7/6/2009 CITY OF FARMINGTON SCHEDULE OF INVESTMENTS 30-Jun-09 RED = CASH FLOW FOR BOND PMTS PURPLE = CASH FLOW FOR 195TH DATE INSTITUTION TYPE YEILD PURCHASE MATURITY BALANCE CALL DATE 4M FUND MONEY MKT VARIES VARIES VARIES 1,295,710.97 ANCHOR BANK MONEY MKT VARIES VARIES VARIES 1,988,614.69 ANCHOR BANK CD 3.50% 6/5/2008 7/5/2009 103,500.00 RBC CAPITAL CD 3.60% 8/15/2008 8/14/2009 96,000.00 RBC CAPITAL CD 3.60% 8/20/2008 8/20/2009 96,000.00 RBC CAPITAL CD 3.65% 8/21/2008 8/21/2009 96,000.00 RBC CAPITAL CD 3.55% 8/22/2008 8/21/2009 99,000.00 RBC CAPITAL CD 3.60% 8/22/2008 8/21/2009 96,000.00 RBC CAPITAL CD 3.60% 8/22/2008 8/21/2009 96,000.00 RBC CAPITAL CD 3.60% 8/25/2008 8/25/2009 96,000.00 RBC CAPITAL CD 3.50% 8/25/2008 8/25/2009 99,000.00 RBC CAPITAL CD 3.60% 8/27/2008 8/27/2009 99,000.00 RBC CAPITAL CD 1.30% 1/9/2009 9/9/2009 249,000.00 SMITH BARNEY CD 4.95% 9/19/2007 9/21/2009 96,000.00 SMITH BARNEY CD 4.90% 9/19/2007 9/21/2009 96,000.00 RBC CAPITAL CD 2.00% 1/7/2009 10/7/2009 245,000.00 RBC CAPITAL CD 2.00% 1/7/2009 10/7/2009 245,000.00 SMITH BARNEY CD 4.05% 10/20/2004 10/20/2009 96,000.00 SMITH BARNEY CD 4.00% 10/20/2004 10/20/2009 96,000.00 ROUNDBANK CD 2.05% 1/6/2009 11/6/2009 240,000.00 RBC CAPITAL CD 1.45% 1/7/2009 11/9/2009 249,000.00 SMITH BARNEY CD 3.60% 5/23/2008 11/23/2009 96,000.00 WELLS FARGO CD 2.50% 12/1712008 12/17/2009 220,000.00 WELLS FARGO CD 2.60% 12/19/2008 12/18/2009 80,000.00 SMITH BARNEY CD 2.65% 12/31/2008 12/31/2009 240,000.00 SMITH BARNEY CD 2.25% 1/2/2009 12/31/2009 150,000.00 SMITH BARNEY CD 1.75% 1/14/2009 12/31/2009 145,000.00 SMITH BARNEY TI BOND 7.10% 8/4/1999 2/1/2010 15,000.00 SMITH BARNEY CD 1.40% 3/11/2009 3/11/2010 96,000.00 SMITH BARNEY CD 3.65% 4/18/2008 4/19/2010 96,000.00 SMITH BARNEY CD 3.60% 4/18/2008 4/19/2010 96,000.00 SMITH BARNEY CD 4.20% 6/22/2005 6/22/2010 96,000.00 SMITH BARNEY CD 4.10% 9/1712008 9/17/2010 96,000.00 SMITH BARNEY CD 4.15% 9/17/2008 9/17/2010 96,000.00 SMITH BARNEY CD 4.95% 9/19/2007 9/20/2010 96,000.00 SMITH BARNEY CD 4.80% 9/19/2007 9/20/2010 96,000.00 SMITH BARNEY CD 4.10% 9/24/2008 9/24/2010 96,000.00 SMITH BARNEY CD 3.60% 4/4/2008 10/4/2010 96,000.00 SMITH BARNEY CD 2.55% 1/23/2009 1/24/2011 96,000.00 RBC CAPITAL CD 3.40% 2/15/2008 2/15/2011 99,000.00 RBC CAPITAL CD 3.45% 2/15/2008 2/15/2011 99,000.00 RBC CAPITAL CD 5.10% 10/10/2008 3/13/2011 95,597.69 SMITH BARNEY CD 5.10% 6/6/2007 6/6/2011 96,000.00 SMITH BARNEY CD 2.80% 1/16/2009 7/18/2011 96,000.00 SMITH BARNEY CD 4.15% 9/24/2008 9/26/2011 96,000.00 SMITH BARNEY CD 4.35% 9/24/2008 9/26/2011 96,000.00 SMITH BARNEY CD 2.90% 1/16/2009 1/17/2012 96,000.00 WELLS FARGO FC 3.59% 2/6/2008 2/6/2012 500,000.00 8/6/2009 SMITH BARNEY CD 3.50% 2/13/2008 2/13/2012 96,000.00 SMITH BARNEY CD 3.05% 2/25/2009 2/25/2012 96,000.00 SMITH BARNEY CD 3.00% 3/1112009 3/11/2012 96,000.00 CITY OF FARMINGTON SCHEDULE OF INVESTMENTS 30-Jun-09 RED = CASH FLOW FOR BOND PMTS PURPLE = CASH FLOW FOR 195TH DATE INSTITUTION TYPE YEILD PURCHASE MATURITY BALANCE CALL DATE SMITH BARNEY CD 2.95% 4/2/2009 4/2/2012 96,000.00 SMITH BARNEY CD 4.00% 4/9/2008 4/9/2012 96,000.00 SMITH BARNEY CD 4.00% 4/11/2008 4/11/2012 96,000.00 RBC CAPITAL CD 3.45% 2/13/2008 5/15/2012 97,423.76 SMITH BARNEY CD 4.15% 5/21/2008 5/21/2012 96,000.00 SMITH BARNEY CD 4.35% 9/24/2008 9/26/2012 96,000.00 RBC CAPITAL FNMA 5.13% 8/13/2008 11/2/2012 500,000.00 11/2/2009 SMITH BARNEY CD 4.75% 12/5/2007 12/5/2012 96,000.00 SMITH BARNEY CD 4.60% 1/16/2008 1/16/2013 96,000.00 SMITH BARNEY CD 3.40% 1/23/2009 1/23/2013 96,000.00 SMITH BARNEY CD 3.80% 2/13/2008 2/13/2013 96,000.00 RBC CAPITAL CD 3.75% 2/19/2008 2/19/2013 98,000.00 RBC CAPITAL CD 3.75% 2/20/2008 2/20/2013 99,000.00 SMITH BARNEY CD 4.30% 3/19/2008 3/19/2013 96,000.00 SMITH BARNEY CD 4.30% 3/19/2008 3/19/2013 96,000.00 SMITH BARNEY CD 3.15% 4/1/2009 4/1/2013 96,000.00 SMITH BARNEY CD 3.40% 6/4/2009 6/10/2013 150,000.00 SMITH BARNEY CD 3.40% 6/4/2009 6/10/2013 150,000.00 SMITH BARNEY FHLMC 4.00% 7/15/2003 6/12/2013 197,733.33 6/12/2006 SMITH BARNEY CD 4.95% 9/17/2008 9/17/2013 96,000.00 SMITH BARNEY CD 4.75% 12/24/2008 12/24/2013 96,000.00 SMITH BARNEY CD 4.75% 12/24/2008 12/24/2013 96,000.00 SMITH BARNEY CD 4.10% 12/31/2008 12/3112013 96,000.00 WELLS FARGO FHLMC 2.25% 3/10/2009 3/10/2014 350,000.00 9/10/2009 RBC CAPITAL HL 5.80% 4/16/2008 7/23/2014 509,286.33 7/23/2010 SMITH BARNEY CD 5.00% 12/5/2007 12/5/2014 96,000.00 SMITH BARNEY CD 4.85% 1/16/2008 1/16/2015 96,000.00 SMITH BARNEY CD 4.00% 2/8/2008 2/9/2015 96,000.00 SMITH BARNEY CD 4.00% 2/8/2008 2/9/2015 96,000.00 SMITH BARNEY CD 4.00% 2/8/2008 2/9/2015 96,000.00 SMITH BARNEY FNMA 2.50% 5/26/2009 5/26/2016 500,000.00 SMITH BARNEY FHLMC 4.00% 6/25/2009 12/15/2016 250,000.00 6/15/2010 SMITH BARNEY FNMA 3.00% 5/21/2009 5/21/2018 145,000.00 SMITH BARNEY FHLMC 3.00% 3/12/2009 3/12/2019 300,000.00 3/12/2010 TOTAL INVESTMENTS 14,798,866.77 CD=Certificate of Deposit CP=Commercial Paper FHLMC, FNMA, HL = Federal "Agencies" GO BOND, TI BOND = Municipal investments 7c/ City of Farmington 430 Third Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us SUBJECT: Mayor, Councilmembers, City Administrator Q Jennifer Dullum, Natural Resource Specialist 'ftI--- 2009 Wetland Health Evaluation Program (WHEP) TO: FROM: DATE: July 20, 2009 INTRODUCTIONIDISCUSSION The purpose of WHEP is to monitor wetland health and determine the affect that development and environmental impacts have on those wetlands. The City of Farmington has participated in the WHEP since 1998. WHEP is one of the Best Management Practices in the City Stormwater Pollution Prevention Program. WHEP is managed and administered by Dakota County. BUDGET IMPACT The cost for participation in the 2009 WHEP is $3,600.00. Funds are available in the Storm Water Utility fund for this program. ACTION REOUESTED Authorize payment for the Wetland Health Evaluation Program for 2009. ~,~ ~~ullum Natural Resource Specialist rlBlllGTOI rlBE BEPIRrlEIT 7e, 111.11111111 J'" 430 Third Street Farmington, MN 55024 (651) 480-6940 Memorandum Date: July 13, 2009 To: Mayor Todd Larson, Council members Christy Jo Fogarty, Steve Wilson, Julie May and Terry :::ll:~:t::rr::strator Peter ~OfSkY Ir., Drrector of Finance Robffi Roland Subject: 2009 This year the Department of Homeland Security has a grant program call Station Construction Grants. This program was developed to help communities fund the construction and remodeling of fire stations. I have prepared and application requesting $486,101 in funding to use to enlarge the meeting/class room and remodel the office area of station 1. Unlike other grant programs that we have applied for, this one does not have a matching funds requirement so if our request is granted; there is no additional cost to the city. With this memo I am requesting approval to submit the application, copy attached, for consideration. Budget Impact: None Action Request: Approve submission of grant application Overview *Are you a member, or are you currently involved in the management, of the fire department applying for this grant with this application? Yes, I am a member/officer of this applicant If you are a grant writer or otherwise not affiliated with this applicant, please complete the information below. Fields marked with an * are required. If you are a member/officer of this applicant. please do not complete the information requested below. Preparer Information * Preparer's Name * Address 1 Address 2 * City * State * Zip * Enter Grant-writing fee associated with the preparation of this request. Enter 0 if there is no fee. 0 Contact Information * Title Prefix * First Name Middle Initial * Last Name * Business Phone Alternate Phone Number Mobile Phone/Pager Fax *Email * Title Prefix * First Name Middle Initial * Last Name * Business Phone Alternate Phone Number Mobile Phone/Pager Fax *Email Alternate Contact Information Number 1 Fire Chief Mr. Tim Pietsch 651-280-6941 Ext. 651-463-3853 Ext. 651-755-2428 651-280-6899 tpietsch@ci.farmington.mn.us Alternate Contact Information Number 2 Fire Marshal Mr. John Powers 651-280-6951 Ext. 952-888-2415 Ext. 651-775-6555 651-280-6899 jpowers@ci.farmington.mn.us Applicant Information EMW-2009-FC-02032 Originally submitted on 07/09/2009 by Troy Corrigan (Userid: tacorrigan) Contact Information: Address: 430 Third Street City: Farmington State: Minnesota Zip: 55024 Day Phone: 6124924236 Evening Phone: 6514634659 Cell Phone: 6123603236 Email: tacorrigan@yahoo.com Application number is EMW-2009-FC-02032 * Fire Department Name * Type of Jurisdiction Served If other, please enter the type of Jurisdiction * Employer Identification Number * What is your organization's DUNS Number? Headquarters or Main Station Physical Address * Physical Address 1 Physical Address 2 * City * State *Zip Mailing Address * Mailing Address 1 Mailing Address 2 * City * State *Zip Account Information * Type of bank account * Bank routing number - ~dig1t number on the bottom left hand corner of your check *Your account number Additional Information * For this fiscal year is your organization receiving Federal funding from any other grant program that may duplicate the purpose and/or scope of this grant request? * If awarded the FSC grant, will your organization expend Farmington Fire Department City 41-6005151 108509795 (call 1-866-705-5711 to get a DUNS number) 21625 Denmark Avenue Farmington Minnesota 55024 - 9468 Need he!QJQLZ!P+4? 430 Third Street Farmington Minnesota 55024 -1374 Need help for ZIP+4? Checking 091903462 100108 No more than $500,000 in Federal funds during your organization's fiscal year in which this FSC grant was No awarded? * Is the applicant delinqyentQn any Federal del:>t? No If you answered yes to any of the additional questions above, please provide an explanation in the space provided below: Fire Department Characteristics (Part I) . Are you a member of a Federal Fire Department or contracted by the Federal government and solely responsible for suppression of fires on Federal property? * What kind of fire department do you represent? If you answered combination, above, what is the percentage of career members in your organization? If you answered volunteer or combination or paid on-call, how many of your volunteer Firefighters are paid members 1 from another career department? No All Paid/Career % * What type of community does your organization serve? Suburban . What is the square mileage of your first-due response area? 88 . What percentage of your response area is protected by hydrants? *In what county/parish is your organization physically located? If you have more than one station, in what county/parish is your main station located? . Does your organization protect critical infrastructure of the No state? 6% Dakota . How much of your jurisdiction's land use is for agriculture, wild land, open space, or undeveloped properties? . What percentage of your jurisdiction's land use is for commercial, industrial, or institutional purposes? . What percentage of your jurisdiction's land is used for residential purposes? 90% 3% 7% . How many occupied structures (commercial, industrial, residential, or institutional) in your jurisdiction are more than 8 four stories tall? Do not include structures which are not regularly occupied such as silos, towers, steeples, etc. . What is the permanent resident population of your erima!YlEirst:DIJeResPonseAreaorJlJrisdJctionserved? . How many active firefighters does your department have 52 who perform firefighting duties? . How many fire stations does your department currently operate? . Do you currently report to the National Fire Incident Reporting System (NFIRS)? If you answered yes above, please enter your FDIN/FDID 19104 . What services does your organization provide? Structural Fire Suppression Medical First Response Wildland Fire Suppression Basic Life Support 16988 2 Yes FormallYear-Round Fire Prevention Program Hazmat Operational Level Rescue Operational Level Fire Department Characteristics (Part II) . What is the total number of fire-related civilian fatalities in your jurisdiction over the last three years? . What is the total number of fire-related civilian injuries in your jurisdiction over the last three years? . What is the total number of line of duty member fatalities in your jurisdiction over the last three years? . What is the total number of line of duty member injuries in your jurisdiction over the last three years? . Over the last three years, what was your fire department's average operating budget? . What percentage of your TOTAL budget is dedicated to personnel costs (salary, overtime and fringe benefits)? . What percentage of your annual operating budget is derived from: Enter numbers only, percentages must sum up to 100% Taxes? Grants? Donations? Fund drives? Fee for Service? 642471 60% 100% 0% 0% 0% 0% 2008 o 2007 o 2006 o o o o o o o 1 o o Other? 0 % If you entered a value into Other field (other than 0), please explain . How many vehicles does your organization have in each of the types or class of vehicle listed below? You must include vehicles that are leased or on long-term loan as well as any vehicles that have been ordered or otherwise currently under contract for purchase or lease by your organization but not yet in your possession. Enter numbers only and enter 0 if you do not have any of the vehicles below. Type or Class of Vehicle Engines or Pumpers (pumping capacity of 750 gpm or greater and water capacity of 300 gallons or more): Pumper, PumperlTanker. Rescue/Pumper. Foam Pumper. CAFS Pumper, Quint (Aerial device of less than 76 feet). Type I Engine, Type II Engine, Type II/III Wildland/Urban Interface Tankers (pumping capacity of less than 750 gallons per minute (gpm) and water capacity of 1,000 gallons or more): Tanker, Tender, TankerlTender Aerial Apparatus: Aerial Ladder Truck, Telescoping. Articulating. Ladder Towers. Platform, Tiller Ladder Truck, Quint (Aerial device of 76 feet or greater) Brush/Quick attack (pumping capacity of less than 750 gpm): Brush Truck. Patrol Unit (Pick up wi Skid Unit), Quick Attack Unit, Mini-Pumper. Type III Engine, Type IV Engine, Type V Engine. Type VI Engine, Type VII Engine Rescue Vehicles: Rescue Squad, Rescue (Light, Medium, Heavy). Technical Rescue Vehicle, Hazardous Materials Unit Other: EMS Chase Vehicle, Air/Light Unit. Rehab Units. Bomb Unit. Technical Support (Command, Operational Support/Supply), Hose Tender. Salvage Truck, ARFF (Aircraft Rescue Firefighting), CommandlMobile Communications Vehicle. Other Vehicle Total Number of Total Number 2 2 o 3 2 3 Riding Positions 11 4 o 9 12 12 Fire Department Call Volume < 2008 2007 2006 * How many responses per year by category? (Enter whole numbers only. If you have no calls for any of the categories, enter 0) Working Structural Fires 13 11 14 False Alarms/Good Intent Calls 157 110 71 Vehicle Fires 6 4 5 Vegetation Fires 7 8 17 EMS-BLS Response Calls 314 363 436 EMS-ALS Response Calls 0 0 0 EMS-BLS Scheduled Transports 0 0 0 EMS-ALS Scheduled Transports 0 0 0 Vehicle Accidents w/o Extrication 9 22 4 Vehicle Extrications 11 14 19 Other Rescue 5 0 0 Hazardous Condition/Materials 46 48 35 Calls Service Calls 10 15 12 Other Calls and Incidents 19 15 11 Total 597 610 624 What is the total acreage of all 10 6 2 vegetation fires? How many times does your organization receive 13 5 5 mutual/automatic aid? How many times does your organization provide mutual/automatic aid? (Please indicate the number of times your 6 4 3 department provides or receives mutual aid. Do not include first-due responses claimed above.) Request Details The activities for program Fire Station Construction are listed in the table below. Activity Fire Station Construction Number of Entries 1 Total Cost Total Applicant Share Total Federal Share $486,101 $0 $486,101 Project Expansion/modification of an existing fire station to meet increased service demands. Cost Applicant Share Federal Share $ 486,101 $0 $486,101 Action YJewOetails Ylew....PrQjecLBud9-et Budget 6udgetQbJect Class a. Personnel h. Other $0 $0 $0 $ 50,000 $0 $0 $436,101 $0 $0 b. Fringe Benefits c. Travel d. Equipment e. Supplies f. Contractual g. Construction i. Indirect Charges Federal and Applicant Share Federal Share Applicant Share Federal Rate Sharing (%) * NOrI:FedeIalReSOUrCes (The combined Non-Federal Resources must equal the Applicant Share of $ 0) a. Applicant $ 0 b. State $ 0 c. Local $ 0 d. Other Sources $ 0 If you entered a value in Other Sources other than zero (0), include your explanation below. You can use this space to provide information on the project, cost share match, or if you have an indirect cost agreement with a federal agency. $486,101 $0 1 00/0 Total Budget $ 486,101 Narrative Statement Project Description * Please indicate which of these Target Capabilities your request outlined in this application will satisfy. Check all that apply: Responder Safety and Health Firefighting Operations/Support Hazardous Materials Response Search and Rescue Emergency Medical Services Communications Project Description * Please provide your narrative statement in the space provided below. Include in your narrative, details regarding your fire station project as detailed above. The Farmington Fire Department is located in the City of Farmington, in Dakota County in Minnesota. Farmington is located approximately 25 miles south of Minneapolis and Saint Paul, Minnesota. The Farmington Fire Department is a 100% paid on call department that covers an area of 88 square miles and provides structural and wild-land fire protection, fire prevention, automobile extrication, severe weather response, hazmatlspeciallwater rescue and medical first response for the City of Farmington as well as three neighboring Townships. The population directly served is over 25,000; also we have auto aid and mutual aid agreements with 16 neighboring departments that serve over 390,000 people. The Farmington Fire Department also participates in the required NIMS training. Our members are trained to 700/100/200 level and all officers have completed ICS 300 and will be completing ICS 400 this fall. Project description: o Why do you need the new facility? This request is for an addition to our existing facility that was constructed in 1985. At the time the facility was constructed, the compliment of the Farmington Fire department was 36 members and responded to less than 100 incidents a year. We now have 52 members and we respond to over 600 incidents a year. Our current facility does not provide the training and administrative spaces that we presently need. o Describe the existing structure(s} and the shortfalls/deficiencies (if applicable). The existing building was constructed in 1985. Since it was originally constructed, there has been no significant remodeling or upgrades performed to the building. The building is approximately 8,400 square feet in size. 2,500 square feet of this is training classroom and administrative space and the remaining 5,900 square feet is apparatus/equipment storage. The building is constructed with concrete masonry unit walls with a steel joist and metal deck roof assembly. The deficiencies of the building are numerous. The building training classroom and administrative office spaces are inadequate for our current needs, the lighting systems are inefficient, the building does not comply with the requirements for the Americans with Disabilities Act, there is not source for back up power in case of main power loss, the building lacks sleeping quarters that could be utilized by duty crews of during instances where there is a high probability of our services being required and because of water leakage problems, there is a likelihood of mold problems in the administrative areas. o Describe how you've determined what you need and why. Through experience with use of the existing space and consultation with an architectural firm. o Describe your construction project (square feet; number of bays/vehicles; what other space will be included, such as kitchen, training, decontamination, sleeping quarters, day-room, meeting space, etc.; type of power and backup power; etc.) and the associated/estimated costs. The project will include and addition of approximately 1,200 square feet to expand our existing 900 square foot classroom space to 2,100 square feet, remodeling of the existing 2,500 square foot of administrative space to allow for more efficient use of the space. The remodeled area will include kitchen, day room, sleeping spaces for 2 personnel, and administrative offices. The project will include a backup generator that will allow the station to continue to be in operation in the event of primary power loss. In an effort to improve building efficiency and health, high efficiency lighting and low emitting materials will be utilized in the new construction. The costs associated with this project are estimated to be: Building Addition $140,400 Remodeled Space $219,501 Furniture $50,000 Design Services $26,000 Testing, Surveys & Inspections $7,200 Insurance, Bonds & Contingency $43,000 Total $486,101 o Describe the current status of your project (site selection, design, permitting, etc.). We have the space required on our current site. No additional land purchase or use permits are required. At this time, no additional work has been started for this project. · Financial need: o Can this project be funded solely through local funding resources? No. There have been major changes in State funding contributions to local municipalities. In 2003, the State of Minnesota was facing an over 4 billion dollar budget deficit. The State of Minnesota eliminated their local government a.id to the City of Farmington to help erase this deficit. Now during the 2009-2010 budget year, because of the current economic climate, the State of Minnesota is again facing a 4.5 billion dollar budget deficit. Additional cuts were made to local government funding. This last round of cuts eliminated Homestead Tax Credit funding and caused the City of Farmington to make $350,000 in cuts to the approved 2009 budget. $90,000 of this was cut from the Fire Department budget. To further complicate the matter, the State has eliminating the authority of local communities to raise local property taxes and to issue bonds to maintain or fund new acquisitions or building projects. This has put a great hardship on the City of Farmington and has resulted in substantial reductions to the Fire Department's budget. o Describe your efforts to generate funding for the construction. Since 2004, through the city's budgeting process, we have been requesting this project be funded. Because of economic conditions, other funding priorities or changes in funding sources for the city, this project has been continually denied. o How long has your organization been saving to implement the construction project? We have not been saving for this project. The funding that we do receive through the city, fundraising, donations or grants is needed to provide basic personal protective equipment for the firefighters. We have not had extra or unused funding that we could set aside for this project. o Have you sought other grants or other sources of funding? No o Have you obtained, but lost other grants due to your inability to provide matching funds? No o Describe your local economic situation, including specifics regarding unemployment. Currently the city of Farmington has an unemployment rate of approximately 7.7%. Since the beginning of 2009 there has been a 5.3% reduction in jobs available and Farmington has the highest mortgage foreclosure rate in Dakota County, MN. · Cost/Benefit: o What will be the operational benefits your department or your community will realize if the project described is funded? Operationally we will benefit by having the classroom space to efficiently and consistently train the department members. We will also have the opportunity to provide adequate space to allow for station staffing during times where there is a high probability of our services being required which will improve our response during these times. o Describe the consequences if the project is not funded. Without funding from this program, the City of Farmington will not be able to come up with the funding to provide the equipment requested in the foreseeable future. The City's current environment does not leave additional room in the tax levy for the additional debt required to support the purchase of this project without creating a financial burden beyond the means of the community. We will not be able to provide the classroom space to train the department as a whole. We will need to split into smaller groups, which is an inefficient use of training personnel and it reduced the consistency of the training and camaraderie between department members. We will also not have the opportunity to provide adequate space to allow for station staffing during times where there is a high probability of our services being required. o Describe the level of local contribution that will go toward the project. The local contribution to the project will include the costs of the land, and costs to provide utility services to the project. o Describe the extent to which "green" elements will be incorporated into the new structure. We will be utilizing high efficiency lighting and low emitting materials in this project. If this request is awarded. we will have discussion with the project architect about the potential of pursuing a U.S. Green Building Council LEED (Leadership in Energy and Environmental Design) certification. o Describe the expanded service(s) that will result from operating out of the new structure. N/A Project proposed is not a new structure. · Statement of effect: o How would this award affect the daily operations of your department and how would this award affect your department's ability to protect lives and property in your community? This award will allow us to construct the training space that we have been lacking for several years. With improved and consistent training our members will be better equipped to respond to incidents in our service area. o Describe how the new construction will enhance the department's response effectiveness. During times where there is a high probability of our services being required we will be able to have the spaces needed to staff the station with personnel on a full time basis. By training as a unified group we will have a more cohesive department which will ultimately result in improved response. o If the construction will result in an increase in the number of facilities, describe how the new facility will be staffed and equipped without sacrificing fire suppression responsibilities elsewhere in the jurisdiction. N/A o How will the new structure enhance the department's ability to provide mutual aid? The training room would be large enough to accomplish regional training with our response partners. Currently there is not a room in the area large enough to accomplish this. The room will also be made available to other emergency response departments to utilize at no fee. Thank you for your consideration Assurances and Certifications Form SF-424D You must read and sign these assurances. These documents contain the Federal requirements attached to all Federal grants including the right of the Federal government to review the grant activity. You should read over the documents to become aware of the requirements. The Assurances and Certifications must be read, signed, and submitted as a part of the application. Note: Fields marked with an * are required. Assurances for Construction Programs Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. ~~4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. ~~4801 et seq.) which prohibits the use of lead-based pain in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. ~~1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. 9794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 996101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 99523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 99290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 993601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the application. 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. 991501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. 99276a to 276a-7), the Copeland Act (40 U.S.C. 9276c and 18 U.S.C. 9874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 99327- 333) regarding labor standards for federally-assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 991451 et seq.); (f) conformity of Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 997401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 991271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 9470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 99469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. Signed by Troy Corrigan on 07/09/2009 Form SF-424B You must read and sign these assurances. Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters and Drug-Free Workplace Requirements. Note: Fields marked with an * are required. Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 44 CFR Part 17, "Government-wide Debarment and Suspension (Non-procurement) and Government- wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Homeland Security (DHS) determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING A. As required by the section 1352, Title 31 of the US Code, and implemented at 44 CFR Part 18 for persons (entering) into a grant or cooperative agreement over $100,000, as defined at 44CFR Part 18, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement and extension, continuation, renewal amendment or modification of any Federal grant or cooperative agreement. (b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all the sub awards at all tiers (including sub grants, contracts under grants and cooperative agreements and sub contract(s)) and that all sub recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) A. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510-A, the applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within a three-year period preceding this application been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or perform a publiC (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification: and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug-Free Workplace (Grantees other than individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 44CFR Part 17, Subpart F, for grantees, as defined at 44 CFR part 17, Sections 17.615 and 17.620: (A) The applicant certifies that it will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantees policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement and (2) Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency, in writing within 10 calendar days after receiving notice under subparagraph (d){2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the applicable DHS awarding office, Le. regional office or DHS office. (f) Taking one of the following actions, against such an employee, within 30 calendar days of receiving notice under subparagraph (d){2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). (B) The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance Street City State Zip 55024 -9468 55024 -1374 Action 21625 Denmark Avenue 430 Third Street Farmington Farmington Minnesota Minnesota 19695 Municipal Drive Farmington Minnesota 55024 -8445 If your place of performance is different from the physical address provided by you in the Applicant Information, press Add Place of Performance button above to ensure that the correct place of performance has been specified. You can add multiple addresses by repeating this process multiple times. Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for DHS funding. States and State agencies may elect to use a Statewide certification. Signed by Troy Corrigan on 07/09/2009 FEMA Standard Form LLL Complete only if applying for a grant for more then $100,000 and have lobbying activities using Non-Federal funds. If this lobbying form is not applicable, check "this form is not Applicable." This form is not applicable 7[' City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City Administrator@' Brenda Wendlandt, Human Resources Director FROM: SUBJECT: Approve the AL.F. Budget DATE: July 20, 2009 INTRODUCTION The purpose of this memorandum is to provide information and request approval for the A.L.F. Budget DISCUSSION The AL.F. Board, at its May 19,2009 meeting, recommended the attached AL.F. 2010 Budget be forwarded to each City Council for approval. Cash distributions of $750,000 and $300,000 are proposed for 2009 and 2010 respectively. Section 15.B. of the Joint Powers Agreement state "In the event of termination, all surplus funds shall be distributed to the Cities in proportion to the amount contributed over the lifetime of the Agreement." The assets are therefore proposed to be distributed to Apple Valley, Lakeville and Farmington at the rate of 49.40%, 39.24% and 11.36% respectively. ACTION REOUESTED Approve the 2010 AL.F. Budget. Respectfully Submitted, ,f , /)j1. .#- ,)!w/<dYdV[ Brenda Wendlandt, SPHR Human Resources Director cc: file ALF AMBULANCE Proposed Budget . Cash Flow.. Revised Proposed 2009 2010 Additions Collections of receivables 800,000 306,925 Sale of assets 148,017 Other revenues and receipts 33,701 Total additions 981,718 306,925 Deductions Expenses Personnel 351,496 Commodities i 1,629 Contractual 80,522 6,160 Collection services 83,000 48,000 Fire station lease (net) 66,317 Other Total expenses 592,964 54,160 Reduction of current liabilities 232,716 Capital outlay acquisitions Total deductions 825,680 54,160 Net changes in cash before distributions 156,038 252,765 Distribution of cash Apple Valley 50% 374,143 149,657 Lakeville 39% 292,579 117,032 Farmington 11% 83,278 33,311 Total distribution of cash 750,000 300,000 Net changes in cash position (593,962) (47,235) Cash balance, January 1 746,519 152,557 Cash balance, December 31 $ 152,557 $ 105,322 . I- :'-'" .. . "." . .... "', .. r.t;'J' . AccOunts Recei"ables Additions Billings (net) Reductions Collections of receivables Allowances for doubtful accounts Net Change Beginning balance, January 1 110,658 Ending balance, December 31 (800,000) (190,589) (879,931 ) 1 ,493,781 613,850 $ (306,925) $ (306,925) 613,850 306,925 Page 2 ALF AMBULANCE Statement of Working Capital Proposed 2008 2009 2010 Actual Estimate Budget Current Assets Cash and investments $ 746,519 $ 152,557 $ 105,322 Accounts receivable, net 1,493,781 613,850 306,925 Other assets 33,701 Total Current Assets d' 2,274,001 d' 766,407 d' 412,247 oj) oj) .p Current liabilities Salaries and accounts payable 146,649 Compensated balances 86,067 Total Current Liabilities 232,716 Total Working Capital $ 2,041,285 $ 766,407 $ 412,247 3 ALF AMBULANCE Community Cash Contributions to ALF Year Apple Vallev Lakeville Farmim~ton Total 2008 25,025 26,719 9,295 61,039 2007 24,716 25,242 9,018 58,976 2006 26,029 27,492 10,082 63,603 2005 27,108 20,305 5,491 52,904 2004 30,479 22,829 6,174 59,482 2003 31,721 24,795 7,087 63,603 2002 22,764 21,563 6,183 50,510 2001 24,400 22,407 6,638 53,446 2000 23,450 21,089 6,029 50,568 1999 22,509 19,914 5,670 48,092 1998 22,174 19,271 5,348 46,793 1997 21,773 18,704 4,917 45,394 1996 21,509 18,093 4,280 43,882 1995 20,724 17,142 3,995 41,861 1994 10,034 7,926 1,708 19,668 1993 26,953 21,284 4,576 52,813 1992 33,547 26,113 5,952 65,612 1991 50,050 34,856 8,473 93,379 .1990 41 ,598 26,758 6,719 75,075 1989 44,425 28,577 7,253 80,255 1988 94,604 59,222 16,608 170,434 1987 105,346 65,947 18,494 189,787 1986 87,406 56,074 15,520 159,000 1999 Refund (159,523) (111,395) (29,082) (300,000) 1998 Refund (107,042) (73,798) (19,160) (200,000) Net after refund $ 571,779 $ 447,129 $ 127,268 $ 1,146,176 % of total refunds 49.89% 39.01% 11.10% 100.00% 5/20/2009 4. ~ City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City AdrniniStrato(j Randy Distad, Parks and Recreation Director FROM: SUBJECT: School and Conference DATE: July 20, 2009 INTRODUCTION The Minnesota Recreation and Park Association (MRP A) provides an annual conference. DISCUSSION Dawn Johnson, a member of the Park and Recreation Advisory Commission is requesting to attend the 2009 MRPA Annual Conference that will be held in Blaine, Minnesota from September 23-25. This will be a great opportunity for Ms. Johnson to receive diverse training in the Park and Recreation field as well as increasing her knowledge about Park and Recreation. Ms. Johnson has indicated that her employer is willing to give her time off from her work in order to attend the conference. BUDGET IMPACT The early registration fee, if registering on or before July 31 S\ is $330.00 After July 31 st the registration fee increases to $380.00. The registration fee covers all educational sessions and meals during the conference. The conference site is in the Twin Cities metro area and there will be no lodging expenses. Ms. Johnson will be able to carpool with other City staffwho will also be attending the conference. There is still a total balance of $680 in funds available in the Recreation Division and Parks Maintenance Division that could be used to cover the cost of the conference registration fee. ACTION REOUESTED By motion, approve this request. ~IY~ Randy D~ Parks and Recreation Director lh City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, City Council Me~rs, City Administrator (!g Tony Wippler, Assistant City Planner ,Jf- FROM: SUBJECT: Adopt Ordinance Amending Section 10-6-27 (Erosion Control Required) of the City Code DATE: July 20, 2009 INTRODUCTION Attached for the City Council's review and subsequent action is an ordinance amendment to Section 10-6-27 of the City Code as it relates to Erosion Control Required. DISCUSSION The attached ordinance is being proposed, in large part, to replace the language "Director of Public Works" with the language "City Engineer" throughout this Section of City Code. This change in language is necessary as the City no longer has a staff person with the title of Director of Public Works. Additionally, this ordinance amendment includes minor "housekeeping" corrections such as capitalizing certain words throughout the Section, changing "Pollutant Control Agency" to "Pollution Control Agency", and spelling out the Vermillion River Watershed Joint Powers Organization. Planning Commission The Planning Commission held a public hearing on this item on July 14, 2009 and recommended approval of the attached ordinance with a vote of 4-0. ACTION REOUESTED Adopt the attached ordinance amending Title 10, Chapter 6, Section 27 of the Farmington City Code. Respectfully submitted, .--r-- C ! {} / Ol~. \.../A,()I\X----,\ iJr' Tony ipp1er, Assistant City Planner CITY OF FARMINGTON DAKOTACOUNTY,M~ESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10-6-27 OF THE ZONING CODE REGARDING EROSION CONTROL REQUIRED THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. The City of Farmington City Code, 10-6-27 Erosion Control Required is amended by deleting the strikethrough language and adding the underlined language as follows: 10-6-27: EROSION CONTROL REQUIRED: (A) A property owner or contractor who removes substantial vegetative growth for any reason including landscaping, excavates for a building foundation or other purpose, or adds soil or other fill on property within the city shall adhere to erosion control measure standards and specifications contained in the Minnesota pollution control agency publication "Protecting Water Quality In Urban Areas", as may be amended, the eCity of Farmington comprehensive plan and official controls, the general permit authorization to discharge stormwater associated with construction activity under the nNational pfollutant dDischarge eE.limination sfurstem/sS.tate dDisposal sfurstem permit program permit MN R100001 (NPDES general construction permit) issued by the Minnesota pfollutantion eControl aAgency, August 1,2008, as amended, for projects disturbing more than one acre, and any applicable water management plan of the city or other governmental units. Except as other measures are required by the above documents and plans, property owners and contractors shall take the necessary precautions, outlined below, to prevent soil erosion, damage to adjacent property and control of surface water runoff. The city may impose additional erosion control requirements if, in the opinion of the director of public '.vorks City Engineer or designee, said measures are necessary to protect adjacent properties and manage surface water runoff. (Ord. 009-603, 3-16-2009) 1. No land shall be developed and no use shall be permitted that results in water runoff causing flooding, erosion, or deposit of sediment on adjacent properties. Such runoff shall be properly channeled into a storm drain, watercourse, ponding area, or other public facilities subject to the review and approval of the director of public 'Norks City Engineer or designee. Appropriate erosion control measures shall be taken throughout the construction process. They include, but are not necessarily limited to, the use of erosion control fences, wood fiber blankets, rock construction entrances, seeding and/or mulch. Other techniques or combinations of the above may be used. The erosion control measures shall be maintained and repaired throughout construction and until such time as the property has been either sodded or a seeded vegetative cover has taken hold. All temporary erosion control devices including silt fence, gravel, hay bales or other measures shall be removed from the construction site and properly disposed of or recycled. This removal and disposal must occur within thirty (30) days of the establishment of permanent vegetative cover on the disturbed area. Final stabilization of the site must be completed in accordance with the NPDES general construction permit requirements. 2. Proposed erosion control measures may be approved by the director of public works City Engineer, or designee, as part of site plan, landscaping or grading plan reviews. Erosion control may be specified by the director of public v.orks City Engineer, or designee, as part of a site survey for individual building permits or other city approvals. Erosion control measures may also be specified by the director of public works City Engineer, or designee, as needed and deemed appropriate during the construction and postconstruction periods for permitted or unpermitted activities separate from the above. 3. No dirt piles or soil banks shall remain exposed without a protective cover to prevent erosion for a period longer than seven (7) days. No soil surface shall remain exposed without seeding, if allowed, or sodding or by mulching or covering or other equivalent control measure for a period longer than seven (7) days. Seed shall be a blend of rye grass or other fast germinating seed in addition to perennial grasses suitable for the soil and the exposure of the area to sunlight. All seeded areas shall be mulched and disk anchored, or covered with a Minnesota dDepartment of tIransportation approved fiber blanket, as necessary for erosion protection and seed retention. The contractor should recognize that time is of the essence in controlling erosion. 4. Mud, dirt, or other sediment carried onto city streets, trails or adjacent properties from the building site shall be removed by the property owner or contractor prior to the close of each workday. If cleanup of the mud, dirt or other sediment is not carried out as required above, the director of public '.Yorks City Engineer, or designee, may direct city crews and/or contract a third party to complete the cleanup and bill the property owner or contractor for all associated costs, or deduct these amounts from any required bond or security. Unpaid charges will be certified by the city for collection with taxes and no city license, permit, or other approval shall be issued for the property while any charge is outstanding. 5. All on site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow from a 10-year frequency storm without erosion. 6. Failure to comply with any of the above requirements will result in the issuance of a stop work order halting construction until the project area is brought into compliance. Failure to remedy the situation within a reasonable time determined by the director of public ',yorks City Engineer or designee will result in the issuance of a citation for violation of this section. Failure to have erosion control measures in place may also result in denial of a certificate of occupancy for the structure under construction. 7. The VRVlJPO Vermillion River Watershed Joint Powers Organization may at their discretion use turbidity measurements as an indicator of potential noncompliance with these standards. IfNTU measurements taken at a point of site stormwater discharge exceeds fifty (50) NTUs (25 NTU for trout stream) a construction erosion control inspection of the site shall be completed. Enforcement procedures and time frames to correct noncompliant conditions shall be as specified by these standards and NPDES general construction permit. Exceedance ofthe turbidity indicator alone shall not constitute noncompliance. Sampling and analysis of turbidity shall be completed as follows: (a) Samples should be taken from the horizontal and vertical center of the outflow, and care should be taken to avoid stirring bottom sediments. (b) A written narrative of site specific analytical methods and conditions used to collect, handle and analyze the samples will be completed and kept on file, and a chain of custody record kept if the analysis is performed at a laboratory. (c) All sampling shall be collected by "grab samples" and the analysis ofthese samples must be conducted in accordance with methodology and test procedures established by EPA method 180.1 or standard method 2130B.d. Other sampling protocol include: (1) Sample containers should be labeled prior to sample collection. (2) Samples should be well mixed before transferring to a secondary container. (3) Sample jars should be cleaned thoroughly to avoid contamination. (4) Sampling and analysis of receiving waters or outfall below the minimum detection limit should be reported at the detection limit. (Ord. 008-593, 12-1-2008) SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _ day of ,2009, by the City Council of the City of Farmington. CITY OF FARMINGTON By: Todd Larson, Mayor ATTEST: By: Peter Herlofsky, City Administrator SEAL By: Joel Jamnik, City Attorney Published in the Farmington Independent the day of ,2009. 7/' City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us FROM: Mayor, City Council Members, /:J City Administrator W Tony Wippler, Assistant City Planner ~ TO: SUBJECT: Adopt Ordinance Amending the Zoning Definitions DATE: July 20, 2009 INTRODUCTION Attached, for City Council consideration, is an ordinance amending Title 10, Chapter 2 of the Zoning Code as it pertains to definitions. DISCUSSION I REVIEW As the City of Farmington prepares to amend its official controls as part of the 2030 Comprehensive Plan update, it is critical that staff, the Planning Commission, and the City Council evaluate the current zoning code and make any changes deemed necessary. Upon staff review of the established zoning districts and uses identified within, it was discovered that a number of the existing zoning uses were not defined in the zoning code. The proposed ordinance includes those missing definitions that were previously identified. The City Attorney has reviewed the document and staffhas incorporated all suggested changes. Planning Commission The Planning Commission held a public hearing on this item on July 14,2009 and recommended approval of the attached ordinance with a vote of 4-0. ACTION REOUESTED Adopt the attached ordinance amending Title 10, Chapter 2 of the Zoning Code as it pertains to defmitions. Respectfully submitted, ~/ DJ~,Q Tony Wippler, Assistant City Planner CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10-2-1 OF THE ZONING CODE AS IT RELATES TO DEFINITIONS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. The City of Farmington City Code, 10-2-1 Definitions is amended by adding the language below and deleting the strikethrough language as follows: Auction House: A place of business that conducts auctions on site. Auto Sales: The use of any building or land area for the display and sale of new or used automobiles, trucks, vans, or recreational vehicles including any major or minor automobile repair or service uses conducted as an accessory use. Car Wash: Any building or portion thereof used for the cleaning or washing of motor vehicles. Cemeteries: A parcel or tract ofland used for the burial of the dead including co1umbariums, crematories, mausoleums and mortuaries when operated within the boundaries of such cemetery. Churches: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship. Coffee Shops: A small restaurant and/or cafe where assorted drinks and food items are sold to the general retail public. Commercial Recreation, indoor: A commercial recreational use available to the general public that is completely contained within a building. Commercial Recreation, outdoor: A commercial recreational use available to the general public that is outside a building. Dental Laboratories: A facility that produces dental restorations as requested by a licensed dentist. Dental laboratories may produce dentures, crowns, or other dental restorations such as implant crowns. Equipment Maintenance and Storage Facility: A facility for maintenance, repair or storage of equipment on property owned by the owner of said equipment. Food Processing Facilities: A facility that transforms raw ingredients into food or transforms food into other forms for consumption by humans or animals either in the home or by the food processing industry . Funeral Homes: A building that provides facilities for funerals; a chapel for funeral services; rooms for viewing the remains in caskets (slumber rooms, reposing rooms, viewing rooms, visitation rooms) before final services or cremation; rooms for preparation of bodies (embalming, cosmetic treatment and clothing of the deceased); display rooms and storage for caskets; garages for hearses and other equipment; and administrative offices. A funeral home may include family living quarters for the funeral director/owner. Golf Courses: The land upon which individuals play the game of golf, with a green and a flag. The golf course may include a clubhouse, and various accessory buildings and related practice facilities and areas such as a driving range. Grocery Stores: A place of business established primarily for the retailing of food. Group Daycare Centers, commercial: Any State licensed facility, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or developmental guidance on a regular basis, for periods less than twenty four (24) hours per day, in a place other than the person's own home. Commercial Groups Daycares include, but are not limited to: family daycare homes, group family daycare homes, daycare centers, day nurseries, nursery schools, daytime activity center, day treatment programs and other "nonresidential programs" as defined by Minnesota Statute section 245A.02, subdivision 10. Manufacturing Facilities: Facilities used for the manufacture, compounding, processing, packaging, treatment or assembly of products and materials that mayor may not emit objectionable and offensive influences beyond the lot on which the use is located. Such uses include, but are not limited to: sawmills, refineries, commercial feedlots; acid; cement; explosives; flour, feed, and grain milling or storage; meatpacking and slaughterhouses; coal or tar asphalt distillation; rendering of fat, grease, lard or tallow; alcoholic beverages; poisons; exterminating agents; glue or size; lime; gypsum; plaster of Paris; tanneries; automobile parts; paper and paper products; glass chemicals, crude oil and petroleum products including storage; electric power generation facilities; vinegar works; junkyard; auto reduction yard; foundry forge; casting metal products; rock, stone, cement products; lumberyards; machine shops; products assembly; sheet metal shops; plastics; electronics; general nonalcoholic beverages; signs and displays; printing; publishing; fabricated metal parts; appliances; clothing; textiles and used auto parts. Ministorage Units: A building or series of buildings consisting of individual, small, self-contained units that are leased or owned for the storage of business and/or household goods. Non-Commercial Nursery: A place where trees, flowering and decorative plants and shrubs are grown on site which may be conducted within a building or without and where the items grown are not sold toothe general retail public. Parking Lots: An off-street, at grade, uncovered area, utilized for the temporary storage of motor vehicles. Public Buildings: Any building and or structure owned or operated by municipality, school district, county, state, or other governmental unit. Public Utility Buildings: An occupied structure, building or mechanical facility owned and operated by a public or private utility company which occupies less than 500 square feet of land area. Public Gardens: Public gardens include botanic garden, arboreta, historic landscapes, conservatories, and display gardens. These gardens focus on display, evaluation, conservation, and research of plants in landscaped and natural settings. Public Parks and Playgrounds: Any land owned or leased by the City for the use of the public for active or passive recreation. Recreational Equipment, Sales, Service and Repair: A use that sells, services and repairs recreational vehicles and equipment. Recreational Vehicle Storage Facilities: Any facility and/or property utilized for the storage, either temporarily or permanently, of recreational vehicles on property not owned by the owner(s) of the recreational vehicle. Retail Sales and Service: A use engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Seasonal Produce Stands: A temporary use for the purposes of selling seasonal produce. School, Private: Any building or group of buildings, not operated by a public agency or unit of government, the use of which meets compulsory education laws of the State of Minnesota, for elementary school, middle school Gunior high school), secondary (senior high school), or higher education and which use does not secure the major part of its funding directly from any governmental source. School, Public: Any building or group of buildings, the use of which meets compulsory education laws of the State of Minnesota, for elementary school, middle school Gunior high school), secondary (senior high school), or higher education and which secures all or the major part of its funding from governmental sources and is operated by a public agency or governmental unit. Warehousing Facilities: A building and or facility used primarily for the extended storage of goods and materials. Wholesale Businesses: A business which sells goods, equipment and materials by bulk to another business or final customer. SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _ day of ,2009, by the City Council of the City of Farmington. CITY OF FARMINGTON By: Todd Larson, Mayor ATTEST: By: Peter Herlofsky, City Administrator SEAL By: Joel Jarnnik, City Attorney Published in the Farmington Independent the day of ,2009. ), ~ City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator@ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Accept Resignation - Park and Recreation Advisory Commission DATE: July 20, 2009 DISCUSSION Mr. Tim White has submitted his resignation for his position on the Park and Recreation Advisory Commission (PRAC). His term on the PRAC Commission runs through January 31, 2011. Staff has placed an advertisement for applicants on the website and the cable access channel. A copy of Mr. White's resignation is attached. ACTION REOUESTED Accept the resignation of Tim White from the Park and Recreation Advisory Commission. Respectfully submitted, ~Il~dtik Lisa Shadick, CMC Administrative Services Director Randy Distad From: Ttwhite111@aol.com Sent: Tuesday, July 14, 2009 8:44 AM To: Randy Distad Subject: Letter Hi Randy, I apologize in the delay in providing a letter of resignation to the Parks and Recreation Department. I have been in the process of moving back to Ohio due to unforeseen circumstances. Please except this letter of resignation. I am leaving the area to pursue a position in Ohio. I found out about my move rather quickly and have been juggling numerous activities during the past month. It has been a pleasure working with you and your staff over the past two years. You have provided excellent guidance in operating the department and are an excellent Director. Should you need to contact me for any reason, I will be in the Farmington area for the balance of this week but will be traveling the week of July 20th and not returning until August 18th. Please feel free to contact me should you have any questions or concerns. I am positive that under your guidance, Farmingtons Parks and Rec's department will continue to provide outstanding services to the citizens of Farmington. Keep up the great work! Best regards, Tim White 7)( City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator ~ Lisa Shadick, Administrative Services Director FROM: SUBJECT: Approve Settlement Agreement - Charter Communications DATE: July 20, 2009 INTRODUCTIONIDISCUSSION In 2005, the Apple Valley, Farmington, Rosemount Cable Commission, (AFRCC), and the City of Lakeville retained the services ofHLB Tautges Redpath, Ltd. to perform ajoint audit review of franchise fee payments from Charter Communications. At the conclusion of the audit, the City determined that Charter underpaid franchise fees, and Charter disputed the claim and concluded that it had in fact overpaid franchise fees to the City. However, Charter has agreed to submit payment to the City in the amount of One Thousand Two Hundred Fifty and Noll 00 Dollars ($1,250.00) to settle past claims on franchise fees due the City for the time period beginning with the franchise year 2000 and until the date of this Settlement Agreement ("Accounting Period"). Charter and the City now desire to conclude, settle, release and discharge once and forever, all rights, claims, causes of actions, liabilities, disputes and demands relating to the City's claims of franchise fees due the City during the Accounting Period. BUDGET IMPACT The payment from Charter to the City of$1250.00 will be deposited in the Communications Budget. ACTION REOUESTED Approve the Settlement Agreement between Charter Communications and the City of Farmington where Charter shall submit payment to the City in the amount of$1250.00 to settle past claims on franchise fees for the accounting period specified. Respectfully submitted, ~iI~ Lisa Shadick, CMC Administrative Services Director SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release (the "Settlement Agreement") is made this _ day of ,2009, by the City of Farmington, Minnesota (the "City") and CCVIII Operating, L.L.C., d/b/a Charter Communications ("Charter"). RECITALS WHEREAS, Charter operates a cable system in the City and pays franchise fees pursuant to a franchise agreement between the parties; and WHEREAS, the City conducted an audit of franchise fee payments made by Charter to the City and concluded that Charter underpaid franchise fees, and Charter disputed the claim and concluded that it had in fact overpaid franchise fees to the City; and WHEREAS, Charter has agreed to submit payment to the City in the amount of One Thousand Two Hundred Fifty and No/IOO Dollars ($1,250.00) to settle past claims on franchise fees due the City for the time period beginning with the franchise year 2000 and until the date of this Settlement Agreement ("Accounting Period"); and WHEREAS. Charter and the City now desire to conclude, settle, release and discharge once and forever, all rights, claims, causes of actions, liabilities, disputes and demands relating to the City's claims of franchise fees due the City during the Accounting Period; NOW THEREFORE, in consideration of the foregoing, and in consideration ofthe mutual promises and obligations hereinafter set forth, and for good and valuable mutual consideration, the receipt and sufficiency of which is hereby acknowledged, the parties to this Settlement Agreement hereto agree as follows: AGREEMENTS 1. SETTLEMENT AMOUNT The City and Charter have agreed that Charter shall submit payment to the City in the amount of One Thousand Two Hundred Fifty and No/100 Dollars ($1,250.00) to settle past claims on franchise fees for the Accounting Period. It is expressly understood and agreed that the Settlement Amount represents full and complete satisfaction and compromise of any and all claims, actions, causes of action, controversies, demands, damages, debts, agreements, covenants, obligations, liabilities, expenses, costs, attorney's fees and demands of any kind or nature, arising out of or in any way related to the payment of franchise fees during the Accounting Period. Notwithstanding any provision of this Settlement Agreement, the parties hereby acknowledge and agree that nothing herein affects or diminishes any rights Charter may have under applicable law to recover from subscribers any and all franchise fee payments made pursuant to the Franchise, including any lawful right to reflect such funds as line items on subscriber bills consistent with FCC regulations, at Charter's discretion. 2. RELEASE OF CLAIMS For the consideration set forth in this Settlement Agreement, the City does hereby release and forever discharge Charter, and its parents, subsidiaries, related entities, officers, directors, shareholders, owners, partners, employees, agents, representatives, predecessors, successors, assigns, insurers and attorneys, and each of them, of and from any and all claims, actions, causes of action, suits, losses, accounts, covenants, contracts, controversies, debts, damages, judgments, costs, expenses, attorney's fees and demands of any kind or nature, arising out of or in any way related to the payment of franchise fees due the City during the Accounting Period. Furthermore, the City expressly agrees that this Settlement, and the events leading up to it, including the dispute with respect to the payment of franchise fees during the Accounting Period, may not be used against Charter in any way in any subsequent judicial or administrative proceeding, other than to enforce the terms of this Settlement Agreement. 3. VOLUNTARY AGREEMENT This Settlement Agreement is freely and voluntarily given by each party, without any duress or coercion, and after each party has consulted with its counsel. Each party has carefully and completely read all of the terms and provisions of this Settlement Agreement. It is understood and agreed by the City and Charter that nothing herein shall be deemed to be an admission of liability by Charter or the City with respect to the matter of this Settlement Agreement. 4. BINDING EFFECT This Settlement Agreement will inure to the benefit of and be binding upon the parties and respective successors and assigns. The parties for themselves and their respective successors, assigns and legatees agree to join in or execute any instruments and to do any other act or thing necessary or proper to carry into effect this or any part of this Settlement Agreement. 5. FUTURE INTERPRETATION The City and Charter agree that with respect to all future payments of franchise fees under the Franchise Ordinance, the definition of "Gross Revenues" shall be interpreted and applied such that Charter is not required to pay a franchise fee on bad debts, nor on the items generally known as "launch fees" and "marketing reimbursements". The City shall not claim entitlement to a franchise fee on bad debt, launch funding or marketing reimbursements in any future audits of franchise fee payments during the term of the current franchise agreement. 6. ENTIRE AGREEMENT This Settlement Agreement sets forth the entire agreement between the City and Charter relating to the subject matter of this Settlement Agreement. 7. GOVERNING LAW This Settlement Agreement, and any controversies arising hereunder, shall be interpreted and adjudicated in accordance with the laws of Minnesota, whose courts shall have exclusive jurisdiction thereof. 2 IN WITNESS WHEREOF, the parties have executed this Settlement Agreement as their free and voluntary acts and deeds, effective as of the date first above written. CITY OF FARMINGTON, MINNESOTA CC VII OPERATING, L.L.C., D/B/A CHARTER COMMUNICATIONS Mayor By: Its: By: By: City Clerk 3 7L City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator cg FROM: Lisa Shadick, Administrative Services Director SUBJECT: Adopt Resolution -Consent to Charter Communications Reorganization DATE: July 20, 2009 INTRODUCTIONillISCUSSION In February Charter Communications, Inc. began the Chapter 11 reorganization process. Charter Communications, Inc. is the parent corporation of the City's Cable franchisee, Charter Cable Partners, LLC, f!kIa Marcus Cable Partners, LLC, d/b/a Charter Communication. On April 20, 2009, Charter filed with the City a copy of a Federal Communications Commission Form 394 and related exhibits, describing the reorganization. The reorganization requires written approval by the City of Farmington. The law firm of Bradley & Guzzetta, LLC has reviewed the FCC Form 394 and prepared the attached Transfer Report on behalf of the City. The City's consent to the FCC Form 394 does not amend or alter the franchise or any requirements therein in any way, and all provisions of the franchise remain in full force and effect and are enforceable in accordance with the terms ofthe franchise agreement and applicable law. BUDGET IMPACT None. ACTION REOUESTED Adopt a resolution giving consent on behalf of the City of Farmington to the Chapter 11 reorganization of Charter Communications, Inc. Respectfully submitted, ~~d, Lisa Shadick, CMC Administrative Services Director REPORT ON THE FCC FORM 394 APPLICATION OF CHARTER COMMUNICATIONS, INC. City of Farmington, Minnesota 430 Third Street Farmington, Minnesota 55024 June 29, 2009 TABLE OF CONTENTS I. INTRODUCTION..... ............... ............. ...... ......... ........ ....... ................. ....... ......... ...... ....... ................ ................... 1 II. DESCRIPTION OF THE TRANSACTION................................................................................................................6 III. THE EVALUATION PROCESS........ ............... ................. ....... ......... ........ ................ ...... ............ .............. ............. 8 IV. APPLICABLE FEDERAL, STATE AND LOCAL LEGAL REQUIREMENTS ................................................................ 9 V. STANDARD OF REVIEW ..................................................................................................................................11 VI. LEGAL QUALIFICATIONS ......... ......... ...... ........... ........ ..... ....... ........................ ........ ............ ....... ......... ............. 13 VII. TECHNICAL ABILITy........ ............. ...... ....... ............. ...... ....... ....... ........ ................ ...... ............ ......................... 14 VIII. FINANCIAL QUALIFICATIONS. ........... ...... ......... ........ ......... ..... .... ...... .............. .................... ......... ................... 15 IX. IMPACT OF THE PROPOSED TRANSACTION ON SUBSCRIBER RATES................................................................ 17 X. IMPACT OF THE PROPOSED TRANSACTION ON SUBSCRIBER SERVICES ...........................................................18 XI. IMPACT OF THE PROPOSED TRANSACTION ON COMPETITION ....................................,....................................18 XII. MANAGERIAL QUALIFICATIONS... ...... ......... ........... ...... ......... ....... ...... ......... ....... ...... ....... ....... ......... ............... 19 XIII. CHARACTER QUALIFICATIONS ......... ...... ............. ...... ....... ......... ........ ....... ....... ........ ............ ..... ...................... 20 XIV. CONCLUSION .... ....... ........ ............... ...... ... ...... ......... ........ ..... ................. ......... ............. ............ .... ............ ....... 22 I. INTRODUCTION This Report is prepared on behalf of the City of Farmington, Minnesota (the "City"). The City currently has a cable television franchise with Charter Cable Partners, LLC f/k/a Marcus Cable Partners, LLC, an indirect wholly-owned subsidiary of Charter Communications, Inc. ("Charter"), wherein Charter Communications agreed to provide cable services to the residents of Farmington. The existing franchise was adopted on April 5, 1999, and became effective on June 4, 1999. The term of the City's franchise is fifteen years from the effective date. The City's local cable television franchise with Charter Communications will be referred to herein as the "Franchise. " Due to ongoing financial problems, Charter (and some of its direct and indirect subsidiaries, including Charter Communications) voluntarily elected to initiate a Chapter 11 bankruptcy proceeding pursuant to which they would reorganize and continue operating. This restructuring process began on March 27,2009, when Charter and certain subsidiaries filed various documents with the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court"), including a proposed Joint Plan of Reorganization and Disclosure Statement.1 Under applicable bankruptcy law, the Bankruptcy Court would have to approve Charter's reorganization plan before it can be implemented. As of the date of this Report, approval of the Joint Plan of Reorganization will be considered at a July 20, 2009, hearing before the Bankruptcy Court.2 If the Joint Plan of Reorganization is ultimately approved by the Bankruptcy Court, ownership and control of Charter will change, as will the indirect ownership and control of Charter Communications. Charter Communications, however, would continue to hold the Franchise after the proposed restructuring is completed. Charter and certain subsidiaries3 determined that it was necessary to enter into bankruptcy and to reorganize because they were carrying $21.7 billion in debt as of December 31, 2008 and were unable to recapitalize adequately or obtain additional financing due to the current economic environment.4 All of these factors severely inhibited the companies' ongoing ability to continue 1 See generally In re Charter Communications, Inc., Case No. 09-11435 (Bankr. S.D.N.Y. Mar. 27, 2009), including the Bankruptcy Court's Order (I) Approving the Disclosure Statement, (II) Establishing a Record Date for Voting on the Plan of Reorganization and the Rights Offering, (III) Approving Solicitation Packages and Solicitation Procedures, (IV) Approving the Rights Offering Procedures and Rights Exercise Form, (V) Approving the Forms of Ballots and Manner of Notice, (VI) Approving the Commitment Agreements, (VII) Approving the Commitment Fees, (VIII) Establishing Procedures for Voting on the Plan and (IX) Scheduling a Hearing and Establishing Notice and Objection Procedures for the ConfIrmation of the Plan (May 7, 2009), and the May 14, 2009, letter from Charter Communications, Inc. to Bradley & Guzzetta, LLC ("B&G"). 2 See <www.kccllc.net/charter> (last visited June 23, 2009). 3 Charter and Charter Communications, one of Charter's indirect wholly-owned subsidiaries included in the Chapter 11 bankruptcy proceeding, are sometimes referred to herein as the "Debtors." 4 See the "Debtor's Disclosure Statement Pursuant to Chapter 11 of the Bankruptcy Code with Respect to the III Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 1 of 24 6/29/2009 operating. After engaging in extensive negotiations with its creditorslbondholders about the Debtors' financial condition, Charter entered into several agreements with those creditorslbondholders pursuant to which they would support and vote for a financial restructuring package on terms consistent with the proposed Joint Plan of Reorganization.5 Paul G. Allen, who controls 91 percent of Charter's outstanding voting interests, also agreed to support the proposed reorganization.6 Accordingly, the Debtors sought protection under Chapter 11 of the federal Bankruptcy Code seeking to effectuate the restructuring contemplated in the Plan and related agreements.7 As part of their "first day filings," the Debtors sought and obtained permission from the Bankruptcy Court to continue making payments to federal, state and local government authorities.8 In addition, the Debtors received authorization to fund their operations during the Chapter 11 process by using cash on hand, totaling $860 million in cash and cash equivalents, and cash flow from operations.9 That action obviated the need for more financing. Assuming the Plan, in its current form, is confirmed by the Bankruptcy Court (and approved by local franchising authorities representing at least 80 percent of Charter's subscribers), the following will occur: 10 . The Debtors' executory contracts (with very limited exceptions that do not ap~ly to the City) will be assumed as of the effective date of the Joint Plan of Reorganization. 1 This means that your Franchise (and any associated agreements) with Charter Communications should remain enforceable and in full force and effect after the bankruptcy proceeding is completed, and that Charter Communications should continue paying franchise fees and PEG financial support, and providing in-kind support; Debtor's Joint Plan of Reorganization," which was filed on March 27,2009, later amended and approved by the Bankruptcy Court on May 7, 2009 (the "Disclosure Statement") at 19. See also Disclosure Statement at 21 ("Debtors [i.e., Charter and its subsidiaries included in the bankruptcy filing] remained significantly over-leveraged compared to their peers in the cable industry and faced near term challenges in sustaining their capital structure, which were exacerbated by the deteriorating condition in the credit markets."). 5 Id. at 21. The "Debtor's Joint Plan of Reorganization Pursuant to Chapter 11 of the United States Bankruptcy Code," which was originally filed with the Bankruptcy Court on March 27, 2009 and later amended and attached to the Disclosure Statement approved by the Bankruptcy Court on May 7, 2009, is referred to in this Report as the "Joint Plan of Reorganization" or the "Plan." 6 Id. at 16 and 21. 7 /d. at 22. 8 /d. at 23. 9Id. 10 This is a summary of the Plan provisions that are germane to the City's interests and review - not all aspects of the Plan are listed and discussed. Please see the Disclosure Statement and the Joint Plan of Reorganization for additional information. 11 Disclosure Statement at 29 and Joint Plan of Reorganization at 9 and 52-53. See also the Letter from Mark E. Brown, Senior Director & Counsel for Charter, to B&G (May 14,2009) (hereinafter the "May 14 Letter") at 2. II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 2 of 24 6/29/2009 . All current Charter stock will be cancelled and replaced by new Class A Common Stock and Class B Common Stock; 12 . Paul G. Allen, Charter's current principal stockholder, and his affiliated entities (e.g., Charter Investment, Inc.) (collectively, the "Allen Entities") will hold all the Class B Common Stock; 13 . Class A Common Stock will be held by all other stockholders, including the entities that are effectively trading the debt instruments they currently hold (in the form of notes, bonds, etc.) for equity (e.g., stock) in Charter;14 . The shares of Class A Common Stock will represent 65 percent of the voting interests in Charter 15 , . The shares of Class B Common Stock will represent 35 percent of the voting interests in Charter. Consequently, if the Plan is approved, the voting interests of the Allen Entities will be reduced from 91 percent to 35 percent;16 . Certain noteholders will invest up to $3 billion in Charter; 17 . Charter's debt will be reduced by $8 billion;18 . Charter will initially be a privately held company; 19 and . Charter Communications will continue to hold the City's franchise.20 This proposed reorganization, as described in the FCC Form 394, the Joint Plan of Reorganization, the Disclosure Statement, other documents filed with the Bankruptcy Court, and Charter's responses to the City's request for information, is referred to in this Report as the "Transaction." The primary factors the Bankruptcy Court will evaluate when considering whether to confirm the Transaction are whether: (i) the Plan is accepted by all impaired classes of claims and equity interests, or if rejected by an impaired class, whether the Plan does not 12 See Exhibit I to the FCC Form 394. 13 Id. and Disclosure Statement at 67. 14 See Exhibit I to the FCC Form 394. 15 /d. and Disclosure Statement at 67. 16 Id. 17 Exhibit I to the FCC Form 394. 18 Id. 19 Id. 20Id. .11 Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 3 of 24 6/29/2009 discriminate unfairly and is fair and equitable to such class; (ii) is feasible; and (iii~ is in the best interests of holders of claims and equity interests that are impaired under the Plan.2 The City received an FCC Form 394 from Charter on or about Apri120, 2009.12 The Form 394 laid out the Transaction, but was incomplete for a variety of reasons?3 Since the Transaction would result in a complete change in ownership and control of the Franchise holder, the prior approval of the City must be obtained, in accordance with the terms of the Franchise and applicable state law. See, e.g., Minn. Stat. ~ 238.083, Subd. 2. B&G was retained for the purpose of providing the City with an understanding of the Transaction, the applicable standard of review, and recommendations for addressing the Form 394 transfer request, Charter's qualifications to own and control the Franchise if the Transaction is approved, and Charter Communications' qualifications to hold the Franchise and to operate the cable system in the City after the Transaction. Charter represents that the Transaction will have the following characteristics and effects, among others: . The ownership structure proposed in the Plan complies with all federal restrictions on the ownership of cable systems;2 . The Transaction, if approved, will not invalidate any of the licenses or authorizations Charter needs to operate and maintain the cable system in the City;25 · Charter will use its best efforts to comply with the Franchise and applicable laws and regulations (e.g., technical and performance standards);26 · Charter Communications will remain the Franchise holder "and will comply with the provisions of the current franchise. Charter does not anticipate seeking changes to or relief from obMfations in the franchise agreement as part of the" Plan or the Form 394 application process; 21 Disclosure Statement at 90. 22 See the May 14 Letter at 5. 23 See the Letter from B&G to Charter concerning the incompleteness of the Form 394 (May 6, 2009). 24 See Charter's May 22,2009, Response to B&G's May 12,2009, Data Request (hereinafter the "Data Request Response") at 2. 25 Id. 26Id. at 2 and 10. Charter, however, will not hold the Franchise after the Transaction is consummated. We interpret this statement to mean that Charter will use its best efforts to cause Charter Communications, the actual Franchise Holder, to comply with the Franchise and applicable laws and regulations. 27 Id. See also the May 14 Letter at 2 ("Charter Communications. . . will remain the franchisee in the City, and will be subject to and will comply with the provisions of the current franchise."). II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 4 of 24 6/29/2009 . Charter will honor its pre-petition obligations to customers and continue to honor those obligations post-petition in the ordinary course ofbusiness;28 . Charter will continue paying franchise fees and PEG fees to the City;29 . The "City will not be asked to give up any rights nor will any of its claims be barred by the bankruptcy process;,,30 . There is nothing in the Transaction that requires a change in subscriber rates (although Charter would continue to set regulated rates in accordance with FCC rules and other rates would be established based on market and orerational factors - both of which could be impacted by the Joint Plan of Reorganization);3 . The Plan would eliminate $8 billion in debt and more than $830 million in annual interest expenses and raise more than $3 billion in new funding;32 . There are no current plans for changes to: local staffing and management; customer care centers or the terms and conditions of service or operations of the cable system in the City as a result of the Transaction, although Charter has reserved the right to make changes to each of the aforementioned areas of operation;33 and . The Transaction "will in fact strengthen the company's balance sheet. . ." by providing additional capital that can be used to improve Charter's cable systems, including the planned $6.5 million digital upgrade to systems in Minnesota.34 This Report will provide the City with: (i) an understanding of the Transaction and its possible impact on subscriber rates and services; (ii) the applicable standard of review; (iii) an analysis of Charter's and Charter Communications' qualifications to own, control, operate the cable system in the City and/or hold the Franchise assuming the Transaction is completed as described in the FCC Form 394 and associated documents; and (iv) our recommendations for addressing the pending transfer application. 28 Id. at 3. 29 Id. and the May 14 Letter at 3-4. 30 May 14 Letter at 4. 31 Data Request Response at 4 and 7. 32 Id. at 4. 33 Id. at 7-9 and Exhibits 1 and 2 to the FCC Form 394. 34 Id. at 8. II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 5 of24 6/29/2009 II. DESCRIPTION OF THE TRANSACTION It is necessary to comprehend the structuring of the Transaction to understand the financing that will be available to Charter and Charter Communications for the City's Franchise and the cable system now and during the remaining term of the Franchise. It is also necessary to understand the terms of the Transaction to grasp how services and rates in the City might be impacted, and how the cable system will be managed, operated and maintained during the remainder of the Franchise term. Charter, on its behalf and on behalf of a number of its subsidiaries (including Charter Communications, the Franchise holder in the City), has entered into agreements with certain creditors that would reorganize and recapitalize Charter pursuant to a "prepackaged" Joint Plan of Reorganization that has been submitted to the United States Bankruptcy Court for the Southern District of New York for approval. Charter initiated the reorganization process by voluntarily seeking protection under Chapter 11 of the federal Bankruptcy Code through a variety of filings made with the Bankruptcy Court on March 27,2009. These filings included the original Joint Plan of Reorganization and Disclosure Statement. These documents were subsequently amended by Charter. Charter's amended Disclosure Statement was approved by the Bankruptcy Court on May 7, 2009. The Bankruptcy Court will consider confirmation of the amended Joint Plan of Reorganization on July 20, 2009. It should be noted that the Transaction documents require that franchise consents covering 80% of Charter's basic subscribers must be received within 150 days of the date Charter filed for bankruptcy (March 27,2009), although this . b' d 35 reqUIrement may e Waive . At its core, the Transaction entails an agreement by which certain major creditors would exchange "debt for equity" in Charter. If the Transaction is ultimately approved by the Bankruptcy Court, all existing stock in Charter will be cancelled and replaced with new Class A Common Stock and new Class B Common Stock,36 All the Class B Common Stock will be held by the Allen Entities?7 Each share of Class B Common Stock will be entitled to a number of votes such that the aggregate voting power of the Class B Common Stock shares will at all times equal 35 percent of the total voting power of all outstanding capital stock,38 All other stockholders (including the creditors that have agreed to exchange debt for equity as part of Charter's restructuring) will receive Class A Common Stock in Charter. Each share of the new Class A Common Stock will be entitled to one vote. Holders of Class A Common Stock shares will be able to exercise 65 percent of the voting interests in Charter.39 However, the Allen Entities will remain the largest single holder of voting power after the Transaction (as they were 35 See the Joint Plan of Reorganization at 65 and the Form 8-K for Charter Communications, Inc. dated February 13, 2009 36 See, e.g., Exhibit 1 to the FCC Form 394 and the Disclosure Statement at 9-10. 37 Exhibit 1 to the FCC Form 394 and the Disclosure Statement at 10 and 67. 38 Disclosure Statement at 10. 39 See Exhibit 1 to the FCC Form 394 and the Disclosure Statement at 9. II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 6 of 24 6/29/2009 before the Transaction).40 Other entities that would hold significant voting interests after the Transaction are: . Apollo Global Management, LLC (7.89%-25.77% of the voting interests in Charter); . Crestview, LLC (2.24%-7.66% of the voting interests in Charter); . FMR LLC (0.85%-5.30% of the voting interests in Charter); . Franklin Resources, Inc. (9.95%-15.08% of the voting interests in Charter); and . Oaktree Capital Group Holdings GP, LLC (8.99%-12.20% of the voting interests in Charter).41 All of these entities are Charter bondholders/noteholders that would receive Class A Common Stock in exchange for giving up their rights under certain credit and financial instruments. Thus, the direct ownership and control of Charter (and indirect ownership and control of Charter Communications) will change if the Transaction is confirmed by the Bankruptcy Court. It does not appear that the organizational and ownership structure of Charter's subsidiaries would be directly altered by the Transaction in its current form. According to Charter, the Transaction will eliminate a sizeable amount of its debt and free up capital and cash on hand for ongoing operations.42 Specifically, the Transaction would: . Reduce the debt of Charter's holding companies by approximately $8 billion; . Eliminate $830 million in annual interest expenses; . Entail the infusion of more than $3 billion in Charter, including up to $2 billion in equity proceeds; $1.2 billion in roll-over debt and $267 million in new debt; . Leave $11.8 billion in senior debt instruments unimpaired and available for use; . Improve Charter's credit profile; . Reduce Charter's consolidated debt leverage from 9 times adjusted EBITDA (earnings before interest, taxes, depreciation and amortization) to less than 6 times adjusted EBITDA; and . Increase Charter's EBITDA-to-interest coverage from 1.2 times to 2.1 times, an industry norm.43 In addition, Charter will assume the City's Franchise and continue making franchise fee and 40 May 14 Letter at 6. See also Exhibit 1 to the FCC Form 394 ("[n]o Noteholder will hold a greater interest than the 35% held by Mr. Allen and the Allen Entities. . ."). 41 See the May 14 Letter at 3 and Exhibit 3 to the FCC Form 394. 42 See, e.g., the Data Request Response at 4-5 and the May 14 Letter at 4. See also Exhibit 1 to the FCC Form 394 (the Transaction "once approved and effective, will . . . allow the company to emerge from the bankruptcy process as a stronger, more competitive company and a valuable partner to the communities it serves and its customers."). 43 Data Request Response at 4-5 and Exhibit 1 to the FCC Form 394. II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 7 of 24 6/29/2009 PEG support payments after the Transaction.44 It is also important to understand what the Transaction will not do. It will not change the entity that holds the Franchise - Charter Communications will continue to be the franchisee in the City.45 Moreover, the Plan will not require changes to existing operations or management, including local management and employees and Charter's Chief Executive Officer and Chief Operating Officer.46 Perhaps more importantly, the City will not be required to give up any rights or claims under the Franchise or to modify the terms of the Franchise as part of the Chapter 11 bankruptcy process.47 III. THE EVALUATION PROCESS The City received an FCC Form 394 (including exhibits) from Charter on or about April 20, 2009. The Form 394 laid out the Transaction, as described above and in greater detail below.48 Since the Transaction would result in a complete change in the ownership and control of the Franchise and the cable system, the prior approval of the City must be obtained, in accordance with the terms of the Franchise and applicable state law. In the process of evaluating the FCC Form 394, B&G, on behalf of the City, has done the following: ~ Informed Charter by correspondence dated May 6, 2009, that the City must be reimbursed for all costs incurred in reviewing the FCC Form 394, and associated documents, and in preparing a report, recommendations, resolutions and/or ordinances;49 ~ Independently researched information about the Transaction and arguments raised by Charter in the course of reviewing the FCC Form 394; ~ Reviewed the FCC Form 394 (and exhibits) for completeness and transmitted a notice of incompleteness to Charter on May 6, 2009, which notice, among other things, informed Charter that the federal 120-day review period had not begun due to the incompleteness of the information received to date; 44 Disclosure Statement at 29 and Joint Plan of Reorganization at 9 and 52-53. See also the May 14 Letter at 2 and 4, the Letter from Mark E. Brown, Senior Director & Counsel for Charter, to the City (June 2, 2009) at 2, and Letter from Mark E. Brown, Senior Director & Counsel for Charter, to the City (June 3, 2009) at 1. 45 May 14 Letter at 4 and Exhibit 1 to the FCC Form 394. 46 Id. and Disclosure Statement at 56. 47 May 14 Letter at 4. 48 The Form 394, however, was incomplete for a number of reasons, which were laid out in the May 6, 2009, letter from B&G to Charter. 49 Charter's response is incorporated in the May 14 Letter at 4-5. II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 8 of24 6/29/2009 ~ Issued an initial data request to Charter on May 12, 2009, on behalf of the City, which solicited information regarding Charter's and Charter Communications' financial, technical, legal, character and managerial qualifications (the "Data Request"); ~ Reviewed the May 14 Letter; ~ Reviewed Charter's May 22, 2009, written response to the Data Request; ~ Evaluated the impact of the Transaction on competition in the delivery of cable service and services and on rates, based on information provided by Charter, and information obtained through independent research; ~ Reviewed the June 2, 2009, and June 3, 2009, correspondence from Charter to the City;50 and ~ Assessed Charter's and Charter Communications' financial, technical, legal, managerial and character qualifications, using data furnished by Charter, and information obtained through independent research. All of the documents referenced above are incorporated herein as if a part hereof. Copies of the referenced documents are available for review from B&G. B&G's conclusions concerning the Debtors' financial, legal, managerial and technical qualifications, and the impact of the Transaction on competition, subscriber rates and services, are set forth in detail below. IV. ApPLICABLE FEDERAL. STATE AND LOCAL LEGAL REOUIREMENTS The applicable legal requirements for examining Charter's FCC Form 394 may be found at the federal, state and local level. A. Federal Law. The Cable Communications Policy Act of 1984, as amended, 47 V.S.C. S 521, et seq. (the "Federal Cable Act"), and the Federal Communications Commission's regulations do not establish substantive standards for approving or rejecting a transfer application. Section 617 of the Federal Cable Act, 47 U.S.C. S 537, and 47 C.F.R. S 76.502, however, contain certain mandatory procedures that the City must follow. In this regard, S 537 requires a local franchising authority to act within 120 days of receipt of a completed FCC Form 394 that 50 Letter from Mark E. Brown, Senior Director and Counsel for Charter, to Charles Grawe (June 2, 2009) and Letter from Mark E. Brown, Senior Director and Counsel for Charter, to Charles Grawe (June 3, 2009). III Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 9 of 24 6/29/2009 includes all information required by the franchising authority's franchise and state and local law. A local franchising authority and a transfer applicant may agree to extend the 120-day deadline provided for in federal law and Federal Communications Commission regulations. Absent an extension of time, if a local franchising authority does not act within 120 days, an applicant's transfer request will be deemed approved. . Although federal law is primarily procedural with regard to transfers of ownership and control, the Federal Cable Act does delineate certain grounds on which a franchising authority may deny a transfer request. See, e.g., 47 V.S.C. ~ 533(d). First, a transfer application may be denied if the proposed transferee owns or controls another cable system in the franchise area. Second, a local franchising authority may reject a transfer if the proposed transaction would eliminate or reduce competition in the delivery of cable service. Further, if a transfer applicant is lacking the financial, legal or technical qualifications necessary to comply with and operate the franchise the transfer application may be denied. See 47 U.S.C. ~ 541 (authorizing a local franchise authority to require adequate assurances that the applicant has the financial, legal and technical qualifications to operate the franchise before granting a franchise). B. State and Local Law. State and local law typically establish the substantive legal bases for granting or denying a transfer request, and often set forth the applicable standard of review. In many cases, a local franchising authority's cable franchise may delineate specific grounds that may be used, and specific factors that must be considered. In addition, state statutes and court decisions may set out criteria that must be considered or may establish standards that must be followed. In some cases, state law may also prescribe additional procedures that must be followed by a local franchising authority. Pursuant to Minn. Stat. ~ 238.083, Subd. 4, local franchising authorities ("LF As") must not unreasonably withhold their consent to a proposed sale or transfer of a franchise, including a sale or transfer by means of a fundamental corporation change. 51 Stated differently, state law establishes a standard of review which requires that LF As must have a reasonable basis to withhold approval of a proposed sale or transfer of a franchise. It should be noted that ~ 238.083 does not limit the issues or qualifications that may be investigated in the context of such an analysis, or otherwise delineate the grounds on which a denial can be based. Thus, unless restricted by the terms of a cable franchise, the City has broad discretion in reviewing this Transaction. 51 Minn. Stat. S 238.083, Subd. 1 defmes a "fundamental corporate change" as "the sale or transfer ofa majority of a corporation's assets; merger, including a parent and its subsidiary corporation; consolidation; or creation of a subsidiary corporation." II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 10 of24 6/29/2009 As with state law, the City's Franchise contains no limitation on the subjects that may be reviewed in connection with an analysis of this Transaction, nor does the Franchise contain limitations on permissible bases for the approval or denial of this Transaction. Aside from the standard of review discussed above, Minn. Stat. ~ 238.083 contains certain procedural requirements pertaining to the sale or transfer of cable television franchises. More specifically, ~ 238.083 states: Subd. 2. Written approval of franchising authority. A sale or transfer of a franchise, including a sale or transfer by means of a fundamental corporate change, requires the written approval of the franchising authority. The parties to the sale or transfer of a franchise shall make a written request to the franchising authority for its approval of the sale or transfer. Subd. 4. Approval or denial of transfer request. The franchising authority shall approve or deny in writing the sale or transfer request. The approval must not be unreasonably withheld. c. Procedural Issues. The City received Charter's transfer application on or about April 20, 2009. If the application was complete, the 120-day review period provided for in federal law would end on August 18, 2009. As indicated in Section III of this Report, B&G notified Charter that its Form 394 was incomplete. Arguably, therefore, the 120-day review period would not start until the Form 394 was deemed complete. Charter has disputed B&G's conclusion that the Form 394 was incomplete when filed. 52 To ensure that the City's rights are preserved, B&G recommends that the City act on Charter's Form 394 application within the federal 120-day review period, using the best available information. v. STANDARD OF REVIEW At the time of awarding the original cable franchise, the City considered and approved the technical ability, financial capacity, legal qualifications and character of the original owners of the cable system, as well as other appropriate factors. The same considerations apply to the current review of the Transaction, since ownership and control of the Franchise and cable system will change if the Transaction is approved. The sources of information used in evaluating Charter's and Charter Communications' qualifications and the impact of the Transaction on services and rates included the FCC Form 394, its exhibits, the current Franchise, various FCC rules and regulations regarding cable communications systems, state and federal law, the Internet and various written responses by Charter to correspondence from B&G. 52 See the May 14 Letter at 5. II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 11 of24 6/29/2009 The City's task in this process is to review the information provided regarding the Transaction and to approve, approve with conditions or deny Charter's transfer application. The City has the express right to approve, approve with conditions or disapprove the pending transfer request. The standard of review is that the City's consent shall not be unreasonably withheld. For the purpose of determining whether it will consent to the Transaction, the City should inquire into Charter's and Charter Communications' legal, technical, managerial, character and financial qualifications to own, control, hold and/or operate the cable system and the Franchise if the Transaction is approved and other appropriate factors regarding the Transaction, including (but not limited to) the impact the Transaction may have on competition, services and rates in the City. Cable operators, however, frequently argue that local franchising authorities may only investigate a transferee's financial, technical and legal qualifications. Despite Charter's purported reservation of rights, there is nothing in federal, state or local law which limits the City's transfer review to such qualifications. In fact, case law suggests that local franchising authorities have broad authority under federal law to grant or deny a transfer request. Charter Communications, Inc. v. County of Santa Cruz, 304 F.3d 927 (9th Cir. 2002). Indeed, the Charter Communications court upheld a local franchising authority's wide-ranging investigation of a franchise transfer applicant and stated that a proposed transfer's effects on financial health, the stability of rates, and the quality of service, among other things, are legitimate areas of inquiry. Id at 934. In analyzing the Transaction, the City must consider whether Charter Communications will meet all of the criteria originally considered in the granting of the Franchise if the ultimate ownership and control of the Franchise and the cable system change as described in the Form 394 and related documents. This analysis entails an evaluation of certain fundamental factors to determine whether Charter Communications will satisfy applicable standards to the reasonable satisfaction of the City if the Transaction is allowed to proceed (i. e., if Charter's new ownership and control structure is ratified by the City and the Bankruptcy Court). The City should focus on the following factors in determining what action to take on Charter's transfer application: 1. the legal qualifications of Charter Communications to hold the Franchise and operate the cable system after the Transaction is consummated; 2. Charter's legal qualification to indirectly own and control Charter Communications after the Transaction is consummated; 3. the technical abilities of Charter Communications and its operational staff after the Transaction is approved; 4. the financial qualifications of Charter Communications after the Transaction, and the impact of the Transaction on services and rates; II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 12 of24 6/29/2009 5. the financial qualifications of Charter after the Transaction, and the impact, if any, of the Transaction on Charter's ability to ensure that Charter Communications has the financial, managerial and technical capabilities to comply with ongoing Franchise commitments during the remaining term of the Franchise; 6. the impact of the Transaction on cable service competition; 7. the managerial qualifications of Charter and Charter Communications after the Transaction is completed; and 8. the character qualifications of Charter Communications and Charter. B&G has conducted an extensive review of all relevant materials on behalf of the City. This Report is a "shorthand" synthesis of that review in an attempt to fully inform the City without overwhelming the decision-makers (e.g., the City Council) with detail and minutia. Obviously, this review extended far beyond the summary of this Report, and B&G is available to further expand on this summary should the City have any questions. VI. LEGAL QUALIFICATIONS The legal qualifications standard relates primarily to the analysis of whether Charter and its affiliates and subsidiaries would be duly organized and authorized to own the cable system and the Franchise if the Transaction is approved. As stated above, the ultimate franchise holder for the City will still be Charter Communications, although indirect ownership and control of the Franchise and the cable system will change due to the restructuring envisioned by the Joint Plan of Reorganization. We have reviewed this corporate structuring and the necessary transactions related thereto, as set forth in the Plan, the Disclosure Statement and the FCC Form 394. According to Charter, all necessary corporate entities are or will be duly organized to transact business in Minnesota.53 In this regard, data obtained from the Office of the Secretary of State confirms that Charter Communications is a registered foreign limited liability company that is in good standing as of 2008.54 Charter Communications' legal status should not change due to the Transaction because only Charter is directly affected. The legal analysis of the transfer application also involves an analysis of whether the overall Transaction itself complies with federal, state and local law. We have reviewed the relevant Transaction documents and considered the following: 53 See, e.g., the FCC Form 394 at 4 (Question #3) and Exhibit 4 to the FCC Form 394. 54 See < http://da.sos.state.mn.us/minnesota/cOl:P inquiry-entity.aso?:nfiling number=1047- LFC&entity type id=LFC&:Nsession id=&:Ndocument number=O&filename=- 455807614.txt&pgcurrent=6&:Norder item type id=10&:Ssearch Parm=Charter+Cable+Partners> (last visited June 25, 2009). II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 13 of 24 6/29/2009 · The proposed ownership structure in the Transaction complies with all federal restrictions on the ownership of cable systems; · The Transaction will not invalidate any of Charter's licenses or authorizations needed to operate and maintain the cable system in the City; · Charter Communications will comply with the Franchise after the Transaction; · Charter will use its best efforts to ensure that Charter Communications complies with the Franchise; and · Charter Communications will continue paying franchise fees and PEG fees to the City pursuant to applicable Franchise documents. 55 Additionally, we have confirmed that Charter will reimburse the City for the costs it incurred in reviewing the FCC Form 394 and associated documents, as required by the Franchise. Based upon our analysis of available information, we believe that the Transaction, as described in the FCC Form 394, the Plan, and the Disclosure Statement does not at this time violate federal, state or local law. In light of the foregoing, B&G believes the City would not have a reasonable basis to withhold approval of the Transaction based on Charter's or Charter Communications' legal qualifications. VII. TECHNICAL ABILITY After the Transaction is completed, Charter would remain the third largest publicly traded cable operator in the United States, serving over 3,200 communities in 27 states. 5 Charter, through its subsidiaries, provides a panoply of video programming services to subscribers, such as digital video, high definition video, OnDemand programs and digital video recorder capabilities, and operates relatively advanced cable systems. 57 In the City, these services are furnished over the cable system operated by Charter Communications. This will not change after the Transaction. Moreover, Charter Communications' local technical staff will not change as a result of the Transaction. 58 As importantly, Charter has stated that Charter Communications has not been sanctioned or fined by any local franchising authority in Minnesota during the last five years for failing to comply with FCC technical standards. 59 Based on their technical history and experience, Charter and Charter Communications would 55 See generally the Data Request Response and the May 14 Letter. 56 See Exhibit 8 to the FCC Form 394. 57Id. 58 See, e.g., Exhibit 1 to the FCC Form 394 ("[t]he current local management and employees of Charter will. . . remain in place."). 59 Data Request Response at 6. II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 14 of24 6/29/2009 appear retain the technical expertise needed to operate and maintain the cable system in the City and to hold the Franchise if the Transaction is approved. Furthermore, the Transaction may very well augment the Debtors' technical qualifications by making additional funds available for system upgrades. For instance, Charter is planning a simulcast digital upgrade to its system in the City in late 2009 or 2010.60 Accordingly, B&G believes the City would not have a reasonable basis to withhold approval of the Transaction based on Charter's or Charter Communications' technical qualifications. VIII. FINANCIAL QUALIFICATIONS It is readily apparent from Charter's FCC Form 394 application, the Data Request Response, the Plan and the Disclosure Statement that the Transaction would have a significant impact on the financial condition and capabilities of Charter and its subsidiaries. For our purposes, it is imperative to evaluate whether this impact will positively or negatively affect Charter Communications' ability to continue operating and to comply with the terms of the Franchise. This is perhaps the most important issue to consider with respect to the proposed Transaction because Charter has been suffering from severe financial problems for years and is in bankruptcy as a result. Indeed, the Disclosure Statement clearly acknowledges that "[t]he Debtors [i.e., Charter and many of its subsidiaries, including Charter Communications) have a history of net 10sses.,,61 As of March 27, 2009, the consolidated debt obligations of the Debtors were approximately $21.7 billion, and consisted of revolving credit, institutional term loans and secured and unsecured notes payable.62 These debts were accrued to fund debt service costs (e.g., interest payments), capital expenditures (e.g., system construction) and ongoing operations.63 The magnitude of Charter's pre-bankruptcy debt is clearly problematic because the Debtors' total revenues were only $6.5 billion as of December 31, 2008.64 Consequently, the Debtors "remained significantly over-leveraged compared to their peers in the cable industry and faced near term challenges in sustaining their capital structure, which were exacerbated by the deteriorating condition in the credit markets.,,65 Absent immediate improvements in the capital markets or restructuring of debt, it is doubtful that Charter and its subsidiaries could remain a viable business in the long term without declaring bankruptcy.66 To address their financial problems, Charter and many of its subsidiaries commenced Chapter 11 bankruptcy proceedings in New York on March 27, 2009. Chapter 11 enables Charter to reorganize and restructure itself and its subsidiaries (e.g., by shedding or renegotiating debt 60 Id. at 7. 61 Disclosure Statement at 14. 62 !d. at 18. 63 !d. at 19. 64 Id. at 14. 65 Id at 21. 66 See, e.g., id. at 19 (Charter's "debt level severely limits the Debtors' ability to develop and offer new products and to effectively implement their business plan."). II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 15 of24 6/29/2009 obligations) while it continues to operate as usua1.67 As part of its Chapter 11 reorganization, Charter, together with many of its major creditors, developed and agreed to the Joint Plan of Reorganization, which has been submitted to the Bankruptcy Court for confirmation. The Plan will be funded by cash on hand68 and cash generated from Charter's operations, along with capital to be invested by certain bondholders/noteholders.69 This means Charter will not take on additional debt/financing in connection with the Transaction, which is a positive aspect of the Plan. In various documents filed with the City, B&G and the Bankruptcy Court, Charter has represented that the Transaction would have the following effects and characteristics: . Charter's debt will be reduced by approximately $8 billion; · $830 million in annual interest expenses will be eliminated; · Certain bondholders/noteholders will invest more than $3 billion in Charter; · $11.8 billion in existing senior debt instruments will not be impaired and should be available for use; · Charter's credit profile will be improved, making it easier to obtain financing; · Charter's consolidated debt leverage will be reduced from 9 times adjusted EBITDA to less than 6 times adjusted EBIDT A; and · Charter's EBITDA-to-interest coverage will increase from 1.2 times to 2.1 times, which Charter claims is an industry norm. 70 Thus, it seems very likely that Charter and Charter Communications will emerge from bankruptcy in a much stronger financial position than before the bankruptcy proceedings were initiated. That is not to say Charter and Charter Communications will be financially healthy and certain to succeed in the coming years. Rather, it means that both companies should have a better chance of remaining viable and that Charter Communications should have more financial resources available to meet its Franchise obligations going forward. There are, however, a number of risks associated with the Transaction, which the City should consider. As Charter points out in the Disclosure Statement, the Debtors will still have significant indebtedness upon their emergence from Bankruptcy and may not be able to achieve their projected financial results.71 In addition, the Debtors access to additional financing may be limited, which would adversely affect Charter's financial condition.n Although not necessarily unique to the proposed Transaction, the Debtors also may not be able to retain and attract 67 See, e.g., Exhibit 1 to the FCC Form 394. 68 Charter had $700 million on hand as of March 27,2009. See Data Request Response at 4. 69 See Data Request Response at 4 and Disclosure Statement at 23. 70 Data Request Response at 4-5. 71 Disclosure Statement at 78 and 80. n Id. at 82. II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 16 of24 6/29/2009 customers due to competition or the stigma of bankruptcy, which would negatively affect the Debtors' cash flow available for operations, debt financing and capital expenditures.73 On the balance, however, the benefits of the Transaction, as described above, most likely outweigh the risks. Given the facts delineated in the FCC Form 394, the Data Request Response and the Disclosure Statement concerning Charter's dire financial situation, it would be difficult to prove that the City and subscribers would be better off if the Transaction is not approved. In light of the foregoing, B&G believes the City does not have a reasonable basis to withhold approval of the Transaction based on Charter's or Charter Communications' financial qualifications. IX. IMPACT OF THE PROPOSED TRANSACTION ON SUBSCRIBER RATES As with any change in ownership and control, it is essential to consider whether subscriber rates will increase as a result of the Transaction. If a rate increase will occur, it is appropriate to determine whether the proposed change in ownership and control is in the public interest. In this case, Charter has asserted that there is nothing that "requires" changes in subscriber rates as a result of the Transaction.74 However, Charter has also reserved its right to change rates after the Transaction based on FCC regulations and market and operational factors, as appropriate.75 Any such changes mayor may not be attributable to the Transaction. Because most of Charter Communications' rates are unregulated, it would be extremely difficult to ascertain whether a rate increase is solely the product of the Transaction. Moreover, even with respect to regulated rates, it would be hard to prove the Transaction is the sole basis for increased costs purportedly supporting a proposed rate increase. Thus, it is advisable to evaluate possible rate impacts before acting on a transfer application instead of doing so ex post facto. With regard to the Plan, available evidence suggests the Transaction will significantly lower Charter's debt level and increase the availability of credit. 76 Moreover, the Plan will be financed by cash on hand and through cash from operations. As a consequence, there will be less pressure for Charter and Charter Communications to raise rates in order to continue day-to-day operations and to service outstanding debt. In addition, Charter has represented that it has "the financial capability to absorb the direct and indirect costs of the proposed Reorganization.',77 Finally, we have not seen any data which definitively show that Charter's programming costs - a major expense for any cable operator - will increase as part of the Plan. 73 Id. 74 See Data Request Response at 7. 75Id 76 Id. at 4-5. 77 !d. at 4. II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 17 of24 6/29/2009 In light of the foregoing, B&G believes the City does not have a reasonable basis to withhold approval of the Transaction based on the Transaction's potential impact On subscriber rates. x. IMPACT OF THE PROPOSED TRANSACTION ON SUBSCRIBER SERVICES Another essential factor that should be considered by the City is whether subscriber services will be affected, either negatively or positively, as a result of the Transaction. In assessing the Transaction's potential impact on subscribers, B&G reviewed and considered relevant statements and representations made in Charter's FCC Form 394 application materials and bankruptcy filings, including: · Charter's statement that there are no plans to change the current terms and conditions of service or operations as a result of the Plan; · Charter's declaration that it reserves the right to make changes to the terms and conditions of service as company and customer needs dictate, consistent with the Franchise and applicable law; · The representation that Charter will be financially stronger after the Transaction and will have additional capital that can be used to invest in its systems if the Transaction is confirmed; · Charter's pledge that customer care functions will not change as a result of the Transaction; · Charter's commitment to perform a digital upgrade to the system in the City, which will make additional programming available to subscribers; and · Charter's representation that Charter Communications has not been sanctioned or fined by any local franchising authorities in Minnesota during the last five years for . I' f . d d 78 VIO atlOns 0 customer servIce stan ar s. Based on the foregoing, it appears that the Transaction will have a neutral impact on subscriber services, except that there may be new programming available by 2010, which could be characterized as a net benefit of the Transaction (although the digital upgrade might have been performed anyway). In addition, Charter has indicated that any service changes that are implemented will be consistent with the City's' Franchise and applicable law. Accordingly, B&G believes the City does not have a reasonable basis to withhold approval of the Transaction based on the Transaction's potential impact on subscriber services. XI. IMPACT OF THE PROPOSED TRANSACTION ON COMPETITION According to 47 U.S.C. S 533(d), a local franchising authority has the power to withhold approval of a transfer application if the transfer at issue would eliminate or reduce competition in the delivery of cable service within the franchise area. This Transaction will not, however, 78 See generally the Data Request Response. II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 18 of24 6/29/2009 directly affect competition in the City. Charter Communications will continue to hold the Franchise after the Transaction and will continue to compete head-to-head with all other multichannel video programming distributors serving the City. Consequently, there should not be a net reduction of video service providers in the City as a direct result of the Transaction. Indeed, given the fact that the Transaction should improve Charter's financial condition, it is likely Charter Communications' ability to compete will be enhanced (e.g., by the ability to implement the planned digital upgrade). 79 Based on the foregoing, we do not believe that 47 U.S.C. S 533(d) provides a rational basis for withholding approval of the Transaction. XII. MANAGERIAL OUALIFICATIONS A cable operator must be able to properly manage a cable franchise in an efficient and effective manner, and must do so in a way that will not cause any harm to subscribers. In this regard, both Charter and its subsidiaries (including Charter Communications) do have significant and longstanding experience managing cable systems around the country and in the State of Minnesota. After the Transaction, the cable system in the City will remain part of Charter's West Division and the Minnesota operating cluster.8o Local management and employees will also remain in place.81 In addition, and very importantly, Charter's current Chief Executive Officer and Chief Operating Officer will not change as a result of the Transaction.82 Furthermore, Paul Allen will still be the largest shareholder of Charter and will still hold the single largest voting interest in Charter (although that interest will be significantly smaller).83 Accordingly, it appears that existing decision-making authority, processes and policies will not change significantly (at least in the short term) if the Transaction is approved. There will, however, be a new Charter Board of Directors ("Board") after the Transaction, which will consist of 11 members. Paul Allen will have the right to appoint four of the 11 members of the initial Board of Directors, who will serve for one year. Charter's current Chief Executive Officer will also serve on the Board. The remaining members of the initial Board of Directors will be chosen by holders of 10 percent or more of the voting power of Charter pursuant to a specific formula. Other than the Chief Executive Officer, the identities of the initial Board members have not yet been identified. 79 See the Data Request Response at 8. 80 See Exhibit 8 to the FCC Form 394. 81 See, e.g., Exhibit 1 to the FCC Form 394. 82 !d. See also the Disclosure Statement at 56. 83 See, e.g., the May 14 Letter at 3-4. II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 19 of24 6/29/2009 After one year, Mr. Allen will have the right to appoint 35 percent of the members of the Board of Directors, and all other members will be elected by a majority vote of the holders of new Class A Common Stock and New Preferred Stock, voting as a single class.84 Because we do not yet know who the Board members are (other than Neil Smit, the Charter CEO), we cannot comment on their qualifications or categorically state that the Board would be unqualified to make decisions that would affect Charter Communications' operations, service and financial capabilities. From an operational and organizational standpoint, Charter Communications Operating, LLC ("CCO"), an indirect subsidiary of Charter, will continue to manage the field operations of Charter's East Division and West Division.85 Specifically, CCO will oversee the divisions' field sales and marketing functions, human resource and training functions, finance and certain areas of customer operations.86 Charter, at its corporate offices, will still perform many centralized financial and administrative functions for its operating divisions after the Transaction, such as accounting, cash management, taxes, billing, finance, risk management, telephone, payroll, information system design and support, legal, government relations, customer care and network administration.87 Charter Communications is a direct subsidiary of CCO and an indirect subsidiary of Charter. According to Charter, this organizational and operational structure will not change materially after the Transaction is consummated (except that the stock ownership and control of Charter itself will change, as described elsewhere in this Report).88 It should also be noted that Charter has represented that the Transaction will not immediately alter the terms and conditions of service or operations of the system in the City. 89 Likewise, Charter has indicated that its customer care functions will not change as a result of the Transaction.9o Accordingly, the Transaction should have very few, if any, apparent impacts on the City or subscribers. In other words, it should be business as usual in the City after Charter emerges from bankruptcy. Based on the foregoing, B&G believes the City does not have a reasonable basis to withhold approval of the Transaction based on Charter's or Charter Communications' managerial experience after the Transaction is completed. XIII. CHARACTER QUALIFICATIONS 84 See Disclosure Statement at 57. 85 See the Data Request Response at 3-4 and Exhibit 8 to the FCC Form 394. The cable system in the City is part of the West Division. 86 Data Request Response at 3-4. 87 /d. 88 /d. at 4. 89 Id. at 7. 90 Id. at 8. II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 20 of 24 6/29/2009 As part of our review, we evaluated whether Charter (as reorganized) and its management, have the requisite character to own and control the Franchise and the cable system in the City. The primary purposes of evaluating a transfer applicant's character are to ascertain whether it is likely that the applicant, through its officers and directors, will defraud a local franchising authority or subscribers, or renege on its franchise obligations. To the best of our knowledge, neither Charter, nor any subsidiary or affiliate thereof, nor any current officers or directors have engaged in any activities that would lead B&G to believe that Charter or any of its affiliates, subsidiaries, officers or directors would defraud the City or subscribers. This conclusion is based on our review of the FCC Form 394 and various documents filed with the Bankruptcy Court which detail pending legal actions that have been brought against Charter and its subsidiaries. Exhibit J to the Declaration of Gregory L. Doody, for instance, lists and briefly describes numerous lawsuits that have been brought against Charter entities.91 Most of these matters involve property damage, workers' compensation claims, employment discrimination, auto accidents, personal injury and intellectual property, and do not constitute a pattern of fraudulent behavior or indicate any real intent to defraud the City or subscribers.9 There are, however, certain legal disputes of which the City should be aware. In particular, the City should be cognizant of the fact that the Doody Declaration and the FCC Form 394 identify a small number of lawsuits and investigations that government units brought against Charter entities for accounting and reporting practices, price discrimination and the payment of taxes and franchise fees.93 It is unclear from Charter's filings whether these claims (other than an investigation by the U.S. Attorney for the Eastern District of Missouri) involve fraud, mere mistakes or differing interpretations of applicable laws, regulations and/or contractual provisions. What is clear is that none of these particular matters specifically involve the City or Charter Communications (the local Franchise holder). The Missouri investigation concerned former officers of Charter engaged in mail and wire fraud and resulted in a settlement in which Charter agreed it would not violate securities laws and admitted no wrongdoing.94 When viewed in the context of Charter's operations and conduct in thousands of franchise areas across the country, these isolated instances do not indicate that Charter and/or its management routinely engages in fraudulent conduct or has a company-wide strategy for defrauding the City or subscribers. Regardless, because issues impacting government entities have arisen in the past and may arise in the future if the Transaction does not adequately improve Charter's financial health, the City should assure that Charter Communications will continue to be bound by the Franchise after the Transaction is completed. When asked to commit to compliance with the City's Franchise, Charter stated that "Charter 91 Declaration of Gregory L. Doody, Chief Restructuring Officer and Senior Counsel of Charter Communications Inc., in Support of First Day Pleadings, Exhibit L (March 27,2009) (the "Doody Declaration"). 92Id. 93 Id. at 57-59 and 69 and Exhibit 6 to the FCC Form 394. 94 Exhibit 6 to the FCC Form 394. II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 21 of24 6/29/2009 Communications will comply with the provisions of the current franchise.,,95 In addition, Charter represented that it "does not anticipate seeking any changes to or relief from obligations in the existing franchise agreements as part of the" Transaction.96 These statements strongly suggest that Charter and its management will not take direct or indirect actions that cause Charter Communications to default on its Franchise commitments as a result of the Transaction. The following factors also indicate that Charter and Charter Communications will possess the requisite character qualification to own, control and operate the cable system in the City after the Transaction: (i) no transfer denials are pending as of the date of Charter's FCC Form 394;97 (ii) there is no evidence that Charter Communications has failed to comply with FCC technical standards during the last five years;98 (iii) no Charter subsidiary has been sanctioned or fined by any local franchising authority for failure to compll with subscriber installation standards in the State of Minnesota during the last five years;9 and (iv) no Charter subsidiary has been sanctioned or fined by any local franchising authority for failure to comply with customer service standards in the State of Minnesota during the last five years.100 It should also be noted that the City has pre-set Franchise remedies to ensure Charter Communications' compliance with the Franchise, such as performance bonds, letters of credit, and insurance requirements. Considering the fact that the Transaction should improve Charter's finances, we have no compelling reason to believe Charter will be unable to maintain adequate insurance, letters of credit and bonds in place during the term of the Franchise after it emerges from bankruptcy. Furthermore, we are unaware of any historical problems concerning Charter Communications' performance bond, letter of credit and/or insurance obligations. Based on our findings and the representations contained in Charter's application materials, B&G does not believe that there is a reasonable basis to deny the Transaction based upon criminal conduct of former corporate officers or any concern that Charter or Charter Communications and their officers and directors will defraud the City or its subscribers. Furthermore, B&G believes Charter has furnished adequate assurances that Charter Communications will fully comply with all obligations imposed under the current Franchise after Charter is reorganized. XlV. CONCLUSION After reviewing the preceding information, the City has to make a determination as to whether it wishes to approve, approve with conditions or deny Charter's transfer request. In this regard, the City has three options. 95 Data Request Response at 2. 96Id. 97 Exhibit 5 to the FCC Form 394. 98 Data Request Response at 6. 99Id. 100 Id. at 7. II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 22 of 24 6/29/2009 First, the City can approve the Transaction, without conditions, as set forth by Charter in the FCC Form 394 and in the transfer resolution included with the Form 394. The consequences of this course of action are that the City: (i) would have to accept the Transaction, and its ramifications, as set forth in the FCC Form 394; and (ii) would not be able to place any conditions on the Transaction. If the City is dissatisfied with any of Charter's or Charter Communications' qualifications as a result of the proposed Transaction, the City would not be able to address those concerns. This approach is not recommended. The City's second option is simply to withhold approval of the proposed Transaction (i.e., deny Charter's transfer application outright). There are also consequences to this action. If the City withholds approval of the Transaction, there is a high likelihood that Charter and/or Charter Communications would ap~eal the decision to the Minnesota Court of Appeals or another court of competent jurisdiction. 1 1 This would cause the City to incur additional legal expenses in defending its decision. Some of these costs might be covered under the League of Minnesota Cities Insurance Trust, but that is not guaranteed. Also, even if the City's legal expenses were paid by the League of Minnesota Cities Insurance Trust, the entire spectrum of expenses would likely not be covered. Most importantly, we do not think the available evidence supports a denial of Charter's transfer application. A third option is to issue a conditional approval. This would entail approving the proposed Transaction as long as Charter Communications and/or Charter, or an appropriate subsidiary, agrees to certain conditions. This is a beneficial option for the City, as it would allow the City to make approval of the transfer application contingent upon Charter and/or Charter Communications complying with the Franchise. As a result of the analyses set forth in this Report, B&G has concluded that the City does not have a reasonable basis to deny Charter's transfer application. In this regard, Charter has furnished credible evidence of its and Charter Communications' legal, financial, technical, character and managerial qualifications to own, control and operate the cable system in the City. Moreover, Charter's application materials and bankruptcy filings do not definitively show that the Transaction, in its current form, would have an adverse impact on subscriber rates and services in the City. Based on the best information available, B&G recommends that the City issue a conditional approval of Charter's transfer application consistent with this Report. Therefore, the City should approve the proposed Transaction, subject to the conditions set forth in the attached transfer resolution. 102 101 Minn. Stat. Ann. S 606.06 (2005) (an appeal from an administrative decision is a matter of right). 102 We have attached a recommended transfer resolution hereto as Attachment 1. II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 23 of 24 6/29/2009 Respectfully submitted, BRADLEY & GUZZETTA, LLC II Charter FCC Form 394 Report Bradley & Guzzetta, LLC Page 24 of 24 6/29/2009 RESOLUTION No. CONSENT TO FCC FORM 394 APPLICATION OF CHARTER COMMUNICATIONS, INC. Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the _day of ,2009 at 7:00 p.m. Members Present: Members Absent: seconded the following: Member introduced and Member WHEREAS, the City of Farmington, Minnesota (the "City") has granted a nonexclusive cable television franchise ("Franchise") to Charter Cable Partners, LLC, fIkIa Marcus Cable Partners, LLC, d/b/a Charter Communication (the "Franchisee"), to provide cable television service via a cable system (the "System"); and WHEREAS, Franchisee is an indirect, wholly owned subsidiary of Charter Communications, Inc. ("Charter"); and WHEREAS, Charter and certain of its subsidiaries filed a voluntary Joint Plan of Reorganization with the United States Bankruptcy Court for the Southern District of New York (Case no. 09-11435) on March 27, 2009, as amended and supplemented by, but not limited to, the May 7, 2009 Disclosure Statement (the "Reorganization"); and WHEREAS, Charter filed with the City a copy of a Federal Communications Commission Form 394 (received on April 20, 2009), together with certain attached Exhibits, which more fully describe the Reorganization (the "FCC Form 394 Application"); and WHEREAS, the City has concluded that the Reorganization requires its prior written approval; and WHEREAS, the City engaged the law firm of Bradley & Guzzetta, LLC ("Counsel") to review the FCC Form 394 Application on behalf of the City; and WHEREAS, Counsel requested additional information from Charter on May 6, 2009 and May 12,2009 (collectively the "Data Requests"); and WHEREAS, Charter responded in writing to the Data Requests on May 14, 2009 and May 22, 2009 (the "Data Request Responses"); and WHEREAS, the City has reviewed the FCC Form 394 Application, the Data Request Responses, "Report on the FCC Form 394 Application of Charter Communications, Inc. " prepared by Counsel, including the attachments thereto (the "Transfer Report"), and has considered all relevant factors, including (but not limited to) the Franchisee's financial, technical and legal qualifications; and WHEREAS, Charter has represented to the City that the FCC Form 394 and Data Request Responses are complete and accurate; and WHEREAS, in reliance upon the FCC Form 394 Application and the Data Request Responses, the City is willing to grant its consent to the Reorganization; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington that: 1. The City's consent to the FCC Form 394 Application is hereby GRANTED in accordance with the Franchise and applicable law, subject to the following conditions: a. Each of the foregoing recitals are hereby incorporated by reference; and b. After the Reorganization, Franchisee will continue to be bound by all the commitments, duties, and obligations, present and continuing, embodied in the Franchise and applicable laws, regulations, codes, standards and decisions. The Reorganization will have no effect on these obligations, commitments and duties; and c. The City's consent to the FCC Form 394 Application does not amend or alter the Franchise or any requirements therein in any way, and all provisions of the Franchise remain in full force and effect and are enforceable in accordance with their terms and with applicable law; and d. The City reserves all of its rights with respect to the Franchisee's future compliance with the terms, conditions, requirements and obligations set forth in the Franchise and applicable laws, regulations, codes and standards after court approval of the Reorganization; and e. The approval by the Bankruptcy Court of the Reorganization on terms and conditions that are not materially different than those set forth in the FCC Form 394 Application. 2. Be It Further Resolved in the event the Reorganization is not completed, for any reason, or is modified in any material manner, the City's consent provided hereunder shall not be effective. 2 3. Be It Further Resolved if the FCC Form 394 Application and Data Request Responses prove to be materially untrue or inaccurate, it shall be deemed a material breach of the Franchise, and the City shall have available to it all rights and remedies under the Franchise and applicable law. 4. Be It Further Resolved this Resolution shall not be construed to grant or imply the City Council's consent to any subsequent transfer or assignment of the Franchise and/or the System, or any other transaction that may require the City's consent under the Franchise, or applicable law. The City reserves all its rights with regard to any such transactions. 5. Be It Further Resolved this Resolution is a final decision on the FCC Form 394 Application within the meaning of 47 U.S.C.~ 537. 6. Be It Further Resolved that this Resolution shall be effective immediately upon publication after its adoption by the City. This resolution adopted by recorded vote of the Farmington City Council in open session on the _ day of 2009. Mayor Attested to the _ day of July, 2009. City Administrator SEAL 3 7/r) City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us FROM: Mayor, Councilmembers and City Administrator ~ Robin Roland, Finance Director TO: SUBJECT: School & Conference - Finance Department DATE: July 20, 2009 INTRODUCTION Attendance at the Minnesota Government Finance Officers Association Conference held September 23 - 25 at Arrowwood in Alexandria is being planned. DISCUSSION This conference is an annual event for Government Finance Officers within the state organization. This year's theme is "It's a whole new bal1game" and included topics are ethics, financial policies, internal control and updates on GASB requirements. This conference qualifies as continuing education for professional finance personnel. BUDGET IMPACT Registration fees for the conference are $225 and lodging is $326. The adopted 2009 budget includes funding for this conference. ACTION REOUESTED For information only. Respectfully submitted, ~b;~W Robin Roland Finance Director 7'1 <0 N iri ~ ~ ~ '" o o ~ <0 ;;::: '" '" .. a. )1 0 0 N 0 N 0 0 ..... ..... '" '" '" .... .... '" co 0 0 0 0 0 0 0 <0 <0 <0 <0 0 0 0 0 0 C! 0 C! N N "! "! '" '" co co co co '" C! 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Fax 651.463.2591 www.ci.farmington.mn.us FROM: Mayor, Councilmembers and City Administrato(j Randy Distad, Parks and Recreation Director TO: SUBJECT: Approve Agreements Rambling River Center Construction Project Flooring Improvements DATE: July 20, 2009 INTRODUCTION The purchase and installation of flooring in the multipurpose room and fitness room were identified as part of the original construction projects. Quotes were solicited and received for this work. DISCUSSION Three quotes were solicited and received for the purchase and installation of new laminate floating floor in the multipurpose room. The brand name of the laminate flooring is Konecto. It is a commercial floor product that comes with a 7 year warranty if installed by a professional installer. It has a 20 mil wear layer that is further hardened by an aluminum oxide compound. Linn's Carpet Service from Farmington submitted the low quote in the amount of $12,643.62 which includes all of the floor prepping and installation of the floor. Two quotes were solicited and received for the installation of the fitness room flooring material called Sports Weave Carpet Tile. This product is made specifically for a fitness area as it is made from polypropylene fiber that offers the following features: . repels moisture including sweat and will not rot, stain or mildew . easily stands up to the heavy weight of fitness equipment . more durable than regular nylon carpet and easily releases stains . is anti-microbial and fast drying making it ideal for areas prone to moisture The Sports Weave Carpet Tiles comes with a seven year warranty if installed by a professional installer. It is easily maintained through vacuuming. Becker Arena Products submitted the low quote in the amount of $4,790.00, which includes all floor prepping and installation. BUDGET IMPACT Attached is Exhibit A that shows the quotes received for the Konecto laminate flooring and Sports Weave Carpet Tiles. The budget impact for the laminate flooring and Sports Weave Carpet Tiles is shown in the following table: Item Konecto Laminate Floorin Sorts Weave Ca et Tiles Total Cost $12,643.62 $4,790.00 Total Balance Remainin $28,407.15 $3,916.27 Total Revised Remainin Balance $15,763.53 ($873.73) ACTION REOUESTED By motion approve the attached Agreements with Linn's Carpet Service and Becker Arena Products. /~c~lly~~~ ~t~~ Parks and Recreation Director Exhibit A 2009 Rambling River Center Construction Project Laminate Flooring and Sports Weave Carpet Tile Quote Tabulation Form Name of Konecto Laminate Floorina Vendor Location of Vendor Quote Submitted Linn's Carpet Service Farmington $12,643.62 Bierman's Northfield $12,933.84 Abbey DecoratinQ Center Apple Valley $13,066.60 Name of Sports Weave Carpet Tile Vendor Location of Vendor Quote Submitted Becker Arena Products Savage $4,790.00 Trophy Flooring, Inc Elk River $5,903.44 FORM OF AGREEMENT THIS AGREEMENT, made and signed this _ day of July, 2009, by and between the City of Farmington hereinafter called the "Owner" and Linn's Carpet Service hereinafter called the "Contractor". THIS AGREEMENT WITNESSETH, that the Owner and Contractor, for the consideration hereinafter stated, agree as follows: ARTICLE I The Contractor hereby covenants and agrees to perform and execute all the provisions of the plans and specifications as prepared by the City of Farmington, Parks and Recreation Department, 430 Third Street, Farmington, Minnesota, and indicated in the Request for Quotes, as provided by the Owner for: 2009 Rambling River Center Construction Project Preparation and Installation of a Floating Laminate Floor, Farmington, Minnesota and to complete everything required by this Agreement. ARTICLE II The Contractor agrees that the Work contemplated by this Contract shall be fully and satisfactorily completed on or before Friday, August 31,2009. ARTICLE III The Contractor agrees to provide to the Owner a Certificate of Insurance listing the Owner as "additional insured" and having at least the following minimum amounts: Any Auto $1,500,000.00 Combined Single Limit (CSL) or Equivalent Comprehensive General Liability $1,500,000.00 CSL or equivalent ARTICLE IV The Owner agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices quoted for the unit or lump sum items as set forth to those in the accepted Contractor's Proposal on file in the Office of the Parks and Recreation Director, the aggregate of which prices, based on the approximate schedule of quantities, is estimated at $12,643.62. ARTICLE V The Contract Documents shall consist of the following component parts: 1. The Proposal Form submitted by the Contractor. 2. Contractor's Certificate ofInsurance listing the City of Farmington as "additional insured". 3. Special Provisions (if any) 4. Specifications (General and Specific Requirements) 5. This Agreement IN WITNESS WHEREOF, the parties have caused these presents to be executed as ofthe date first above written. CONTRACTOR: OWNER: BY: BY: ITS MAYOR ITS BY: ITS CITY ADMINISTRATOR FORM OF AGREEMENT THIS AGREEMENT, made and signed this _ day of July, 2009, by and between the City of Farmington hereinafter called the "Owner" and Becker Arena Products hereinafter called the "Contractor" . THIS AGREEMENT WITNESSETH, that the Owner and Contractor, for the consideration hereinafter stated, agree as follows: ARTICLE I The Contractor hereby covenants and agrees to perform and execute all the provisions of the plans and specifications as prepared by the City of Farmington, Parks and Recreation Department, 430 Third Street, Farmington, Minnesota, and indicated in the Request for Quotes, as provided by the Owner for: 2009 Rambling River Center Construction Project Preparation and Installation of Sports Weave Carpet Tiles, Farmington, Minnesota and to complete everything required by this Agreement. ARTICLE II The Contractor agrees that the Work contemplated by this Contract shall be fully and satisfactorily completed on or before Friday, August 31, 2009. ARTICLE III The Contractor agrees to provide to the Owner a Certificate of Insurance listing the Owner as "additional insured" and having at least the following minimum amounts: Any Auto $1,500,000.00 Combined Single Limit (CSL) or Equivalent Comprehensive General Liability $1,500,000.00 CSL or equivalent ARTICLE IV The Owner agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices quoted for the unit or lump sum items as set forth to those in the accepted Contractor's Proposal on file in the Office ofthe Parks and Recreation Director, the aggregate of which prices, based on the approximate schedule of quantities, is estimated at $4,790.00. ARTICLE V The Contract Documents shall consist of the following component parts: 1. The Proposal Form submitted by the Contractor. 2. Contractor's Certificate of Insurance listing the City of Farmington as "additional insured". 3. Special Provisions (if any) 4. 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Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City AdministratoGP FROM: Jennifer Dullum, Natural Resource SpecialiS~ ~ SUBJECT: Minnesota GreenCorps DATE: July 20, 2009 INTRODUCTION & DISCUSSION Minnesota GreenCorps is a statewide initiative to help preserve and protect Minnesota's environment while training a new generation of environmental professionals. Minnesota GreenCorps is a new program, coordinated by the Minnesota Pollution Control Agency (MPCA), starting in September 2009. It was initiated in response to a variety of statewide needs aiming to; · Respond to higher energy costs by local governments · Assist community members to take eco friendly actions · Reduce greenhouse gases and other air pollutants · Transition to a green economy · Train new environmental professionals Minnesota GreenCorps is an AmeriCorps program which is a network of local, state, and national service programs that connects more than 75,000 Americans each year in intensive service to meet our country's critical needs in education, public safety, health, and the environment. It provides opportunities primarily for college graduates to spend a year of service acquiring useful skills while supporting high-priority environmental activities at the local level throughout Minnesota. Approximately 9 host sites will be selected for the first year of this program. Typically, teams of two Minnesota GreenCorps members are assigned per site. There are five options for member positions, and the two members assigned to the host site may be in different positions. Placement will be from September 2009 through July 2010. The School District and the City would like to apply jointly for School Waste Prevention Specialist and an Urban Forestry Specialist. The Urban Forestry Specialist will assess opportunities for urban trees on public land, inventory existing tree species and conduct public outreach on the importance of urban trees in the community, including stormwater management and energy conservation. This is an excellent opportunity for the City. An accurate tree inventory would allow the City to more efficiently monitor and maintain City boulevard and park trees. This would also be useful in determining tree trimming zones within the City limits. A precise assessment would also be helpful in identifying trees that have the potential to be affected by tree diseases and insects, such as the newly introduced to Minnesota; Emerald Ash Borer. The City would be in a better position to identify and focus efforts if the locations of these trees in known and integrated into a mapping system. Education and outreach would be beneficial during this time of new tree pests and tree trimming rotations. Also, Farmington has been a Tree City USA for the past 19 years and work completed by this position would support our national designation of Tree City USA and possibly position the City for a Tree City USA Growth Award. The program is funded through a grant from the Corporation for National and Community Service as well as through ServeMinnesota. As a host site, the School District and the City will be required to provide professional supervision, office space, a computer, internet, telephone and other incidentals. The MPCA will provide the member with biweekly paychecks, equaling $11,500 for a completing a 1700 hour term of service and an additional $4,725 as an educational award upon completion of their term of service. The MPCA also provides workers compensation and an offer of health insurance. BUDGET IMPACT There will be little or no impact to the Natural Resources budget, as the MPCA funds this temporary position. ACTION REOUESTED Approve a joint MN GreenCorps Host Site Application with Independent School District 192. Respe tfully submitted, .~ RESOLUTION NO. R -09 ACCEPTING MN GREENCORPS HOST SITE APPLICATION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 20th day of July 2009 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, according to the MN GreenCorps Application, the Minnesota Pollution Control Agency presently provides funding for temporary position completing a 1700 hour term of service; and, WHEREAS, the City will be applying jointly with Independent School District 192; and, WHEREAS, it is in the best interest of the City to apply for a MN GreenCorps member. NOW THEREFORE, BE IT RESOLVED that the MN GreenCorps Application, is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 20th day of July, 2009. Mayor Attested to the day of July, 2009. 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'" '" -.i co '" o o o u) co. '" '" ~I ~ ., ., - > <1l Q) 3:n: ~ ~ co N '" '" '0: '" ..... ~ '" '" .... '" co 0> o ;n '" co "'. N '" .... '" ~-I u)1 ;1 '" "', frj, ~~: I ~l ",. N ~ ,,,,OJ IN i::;j I", I", c.... '" .~-; ju)1 ~;I ,'" ~i ~ ~~I "'1 '" ",I ..... o ",' 0- ",' , . n ,;, I~ j~j l"'i rl l~ I~J n !i! i~i I-VJ CI ~*I [~l ~ ~I "'j "," ~ " 15 a. ~ >- ~ o E '" a ~ " i u: j 2:- ~ a. ~ i ~ U) 1i ~ .!! I ~- U)~ -go m 11 J!! c c m me ELL h !::lil ou) '" '" N '" ..... '" ;;; ...... ;:::. '" co .... '" m o '" '" o M ..... '" co o o cD '" '" co .... o ..... '" '" '" Q) :; "" .., " ., c. X W .. o " ca i<ii m i~ ,u.. L..I ~ c .2 0 LL - .c C) tn C C'lS E 0 "C ... C C'l:S ::s 1:- U. LL m .... E C'lS E 0 ... " CI) lI) ~ a; C OJ :!:: CI) ""0 " U C) 00 " o c;, " "~ <1l u.. - o .?;- (} .c "0: I I r 1 () Q) ~ 0 I; I ~ ~ 11 1 C) :J I ~ <( I I >. :J I I ~ ...., Q) c I I :J ...., ~ 1 >.1 .::: I [ .... c.. ::J<( ~ 1 I .... co I~ ~ 1 1 ..c Q) I I l..L. I ~ I I c co I I ...., I I I , " o o C\I o co o o C\I . 0> o o C\I D .... 0 0 0 0 0 0 0 0 0 0 <0 LO """ C'? N ...... fh ...... N C'? <0_ LO """- C'? N.. ...... ...... N.. C'? .n - N co ...... """ I'- I'- """ ...... N C'? """ <0 I'- co co I'- <0 C'? (J) LO ...... I'- C'? C'? I'- ...... N ...... ...... ...... fh fh fh fh ...... fh fh fh fh I I fh , a:>uelea pun:l ~ x '" o ~ >- ~ o E '" <> ~ ;;; i u: j ?:- I! o 0. ~ !;; 0> ~ '" ~ ~ l g> .~ - <ng. ~~ ~ ; ~ c Eli: g ~ ~ ~ o<n Jo?CL City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator (1 FROM: Lisa Shadick, Administrative Services Director SUBJECT: Boards and Commissions Vacancy Update DATE: July 20, 2009 INTRODUCTIONI DISCUSSION There currently are two vacancies on the Park and Recreation Advisory Commission and one vacancy on the Planning Commission. Staff has advertised in the Farmington Independent, on the City website and on Cable Access Channel 16 with little response. Two applications have been received for the Planning Commission and one for the Park and Recreation advisory Board. The applications submitted are attached. Council can appoint applicants from the applications submitted, direct staff to set up interviews or continue to advertise for additional applicants. ACTION REOUESTED Direct staff on how to proceed with filling commission vacancies. Respectfully submitted, ~tl,~ Lisa Shadick. CMC Administrative Service Director CITY OF FARMINGTON Page 1 of 1 CITY OF FARMINGTON APPLICATION FOR BOARD OR COMMISSION APPOINTMENT Name f11;"-kA-tl.- ---r: t-/p..Ud Applicati n C# II I t? '1 Address 'UJr;')..,/ Al4A-I f}J, -M12HII/Mj:rr:vJ # b-O- ;Z~~-1303 E~d . '(ll;Ji by u Sr1A.i (~Atl)~Pr: [{ A rf. I ( Date of Daytime Phone Cj.i~Ah'1:/w-a. IN. Board or Commission you wish to &,erve on 'PlANI\I/~c5 C'fIAArt1lr~/OJ Qualifications (cover pertinent educational background, employment positions and other experience on committees, boards, commissions, church and civic organizations, etc. You may attach any supporting information. ) State brief1Y 7fur reasons for ~eeking an appointplent to this board or commission. . ~:iJ!iriJjl;?J!i~Z~,~YtI4^~$ References (list any references you wish that would be familiar with your qualifications for this position). I ....._ \ I. ' - ~ ~1lI~ck- ~"-f_ ;::'l/~ Signature Date http://www.cLfarmington.mn.us/CommissionIB&Capp.htm 5/31/2009 CITY OF FARMINGTON Page 1 of 1 Name 5-r~eI? /I: Application s: - J f - t? f' . CITY OF FARMINGTON APPLICATION FOR BOARD OR COMMISSION APPOINTMENT tf:vY/~r Date of Address ?t53'O pyer.> ~5S # (5!-- ~ tJ-;:;>-;)-~if I Daytime Phone Employed '1) by c./ y IJf r~))) /11 7'i~ Board or,C;ommission you wish to serve on f/ ~/)Il i1' ~~;5>/tJ4 Qualifications (cover pertinent educational background, employment positions and other experience on committees, boards, commissions, church and civic organizations, etc. You may attach any supporting informatio .) '& References (list any references you wish that would be familiar with your qualifications for this position). U 1/ AA'Idle. d7/ y.!:!::. p~~ce.. /Jo/u-r~ r 41/1 r~ ,Ybt/ pI "'>" III 1'.e.;-.qi; , Signature~ ~ Date -:,- ,.. () http://www.ci.farmington.mn.us/Commission/B&Capp.htm 5/19/2009 ~ITY OF FARMINGTON Page 1 of] CITY OF FARMINGTON APPLICATION FOR BOARD OR COMMISSION APPOINTMENT ..rame mC(Y\7L L{. rJ i DAV.rD V \ddress /q'+l.tr{) ((5 (l'\f.{LE cr FAruYl7fV6lotJ Date of Application ('])6 a3 roe; Daytime Phone # {;5 1- It -63 - 3 6' 0( q rnN , ~mployed by SCARS !-JoLDIAJG O:rsTftI r!>u7rOAJ . JHAkooee J ('1\ J - J PAf\.KS AND REX ReA T.:fotJ 30ard or Commission you wish to serve on )ualifications (cover pertinent educational background, employment positions and other experience on committees, )oards, commissions, church and civic organizations, etc. You may attach any supporting information.) Sje..R.V'""lN 6 AS o (Yl TT EE . I T ~ -r A (,e 0.(' +. 1-1 !:liJe Gf\~rJ i' AI c,...,..,/O'Jrr--(N+ (0 DJc..uss CfV'rl"O':Y-I\./t;,.,..,.pl~<.. Re.-lf:lT::IONJ/w(y..k :Issues. ReTiftc.D Us N f:l.V'1 (.l.(JULVe. Ve.TefLf:lI\J rsf' 8.3 ):)f\S. .s-~fl...U(!O AS )vt:JvAL "ZMfT/l-uCIO^ ::pJ O~(V'\A6e.. CO/IJI"'oC/ Hf\e-r, "Ik+iNf. AND ,re."ueo AS A ^n~vAL Cf::JfLc..el\.- covfJo.feLofL , u. ;tate briefly your reasons for seeking an appointment to this board or commission. To ~ec../< A f'>'lOf',e.. ClrllU_€N6-:tNG(l..oLE: TN ~':) 7Nuolv.r->CNT wiA. 6'C.fLVtC( (':)Lso TD Su"\.ve ,....,) CO,..,..n-o.\J /VI t.:) ..A^,.f)GILJ~ B~ c/c lJ() Au Nb ;:t,w<.D Tf Plrvf'vJ -f'o,,- ~,.,..,BL.::tj()e:, eJ\ ke -to B(. :TN V oLv tD :t'1V.s O,v"-'1.. fA PFt::..'I ~O 7N T )..JA T Pf2..0tj~c.., i d teferences (list any references you wish that would be familiar with your qualifications for this position). 65;1 - 46q - b~fl> C; 6s-J - 4-6"3 - PU? t 6~1 - tf15 (6- - Lrrn 3 S- 6r;-1- Y6 V) - 3 (; II PArvn-:1:.-v 6 TOtJ r:AnJ'O"-:[/IJ Gr oP) F'tlf\. /YI :rNb r oN F AfLfr':r ^16 j oN C/-J AfLL~€ wEge.R-" .J3eue(l.L.::J PR.Ce..Ce... GoD bAr<.. &' A fY)l.J{..(. J ON joJ, IV r R. Po Nee .sC J... f:. L CI. ;ignature 0 ~ () 'l12 t ~ Date ()6 ~a rpq lttp://www.ci.fannington.mn.us/Commission/B&Capp.htm 6/22/2005 Values Statement Excellence and Quality in the Delivery of Services We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-effective manner. Fiscal Responsibility We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Ethics and Integrity We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. Visionary Leadership and Planning We believe that the very essence of leadership is to be visionary and to plan for the future. Positive Relations with the Community We believe that positive relations with the community and public we serve leads to positive, involved, and active citizens. Professionalism We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees.