AGENDA BIG LAKE CITY COUNCIL MEETING COUNCIL CHAMBERS MAY 12, 2021 6:00 p.m.
1) CALL TO ORDER 2) PLEDGE OF ALLEGIANCE 3) ROLL CALL 4) OPEN FORUM 5) PROPOSED AGENDA 6) CONSENT AGENDA Items on the Consent Agenda page are reviewed in total by the City Council and may be approved through one motion. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. When removing any item from the Consent Agenda, the item number and description of the item should be clearly stated. 7) BUSINESS 7A. Issuance and Sale of $3,140,000 General Obligation Improvement Bonds, Series 2021A for the 2021 Street and Utility Improvement Project No. ST2021-1 7B. Donations – City Event Contributions 7C. Proclamation – Designating May 9 – 15, 2021 as Police Week 7D. PRESENTATION – Annual City Report for 2020 7E. Monthly Department Reports 8) ADMINISTRATOR’S REPORT 9) MAYOR & COUNCIL REPORTS AND COMMENTS/QUESTIONS bSu -Committee Updates (Reports are given only if meeting date was after the last Council Meeting) Council Member Halverson Council Member Hanson – BLCLA Mayor Knier – Fire Board, BLEDA Council Member Noding – BLCE, Fire Board, BLEDA Council Member Seefeld – Planning Commission 10) OTHER 11) ADJOURN
CITY COUNCIL MEETING COVID-19 NOTICE
Attendance at Meetings: All attendees are expected to follow CDC recommendations and State of MN Executive Orders relating to the COVID-19 Pandemic. Some members of the City Council may participate in this Meeting via telephone or other electronic means on an as needed basis.
Disclaimer: This agenda has been prepared to provide information regarding an upcoming meeting of the Big Lake City Council. This document does not claim to be complete and is subject to change. BIG LAKE CITY COUNCIL CONSENT AGENDA MAY 12, 2021
6A. Approve List of Claims 6B. Approve Council Workshop Minutes of April 28, 2021 6C. Approve Council Meeting Minutes of April 28, 2021 6D. Approve Midwest Sound and Stage, Inc. Equipment Rental Agreement for the 2021 Music in the Park Events 6E. Approve the Big Lake Marketplace Ninth Addition Final Plat Extension Request 6F. Approve Amended Development Contract and Planned Unit Development Agreement for Wrights Crossing Third Addition 6G. Approve Ordinance Amending Public Hearing Notification Procedures 6H. Approve Big Eagle Lake Improvement Association Temporary Liquor License for the Music in the Park Events at Lakeside Park 6I. Authorize Removing Non-Returning Seasonal Part-time Public Works Employees from the City’s Payroll System 6J. Authorize Disposal of Big Lake Fire Department Non-Compliant Turnout Gear 6K. Approve AIS Watercraft Inspection Reimbursement Agreement with the Big Lake Community Lakes Association 6L. Approve Employment Status Change for Dain Thompson to Part-time Lead Liquor Clerk AGENDA ITEM Big Lake City Council
Prepared By: Meeting Date: Item No. ☐ Regular Agenda Item Deb Wegeleben, Finance Director 5/12/2021 ☒ Consent Agenda Item 6A Item Description: Reviewed By: Clay Wilfahrt, City Administrator List of Claims Reviewed By: (N/A)
ACTION REQUESTED By approving this item on the Consent Agenda, Council would be approving the List of Claims paid dated 04/22/2021 through 05/05/2021, and Approve Payroll No. 09.
BACKGROUND/DISCUSSION Attached is the List of Claims paid through 05/05/2021. Please contact me with any questions or concerns.
Any elected official who contracts or submits an invoice to the City for payment of services is required to abstain from the vote of said payment, and execute an “Affidavit of City Official Interested in Claim” form prior to receiving payment pursuant to MN Statute 471.87:
471.87 PUBLIC OFFICERS, INTEREST IN CONTRACT; PENALTY. Except as authorized in section 123B.195 or 471.88, a public officer who is authorized to take part in any manner in making any sale, lease, or contract in official capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom. Every public officer who violates this provision is guilty of a gross misdemeanor.
471.88 EXCEPTIONS. Subdivision 1.Coverage. The governing body of any port authority, seaway port authority, economic development authority, watershed district, soil and water conservation district, town, school district, hospital district, county, or city, by unanimous vote, may contract for goods or services with an interested officer of the governmental unit in any of the following cases. Subd. 5.Contract with no bids required. A contract for which competitive bids are not required by law.
ATTACHMENTS List of Claims
CITY OF BIG LAKE Payment Approval Report Page: 1 Report dates: 4/22/2021-5/5/2021 May 05, 2021 05:36PM
Vendor Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid Voided Invoice Amount
ALLSTATE PARTS OF SAUK RAPIDS 11061 ALLSTATE PARTS OF SAUK RA 2704179718 SHOP 04/23/2021 49.20 49.20 04/27/2021 11061 ALLSTATE PARTS OF SAUK RA 2704179722 PARKS MOWERS 04/16/2021 17.85 17.85 04/28/2021 11061 ALLSTATE PARTS OF SAUK RA 2704179830 PARKS MOWERS 04/19/2021 12.66 12.66 04/28/2021 11061 ALLSTATE PARTS OF SAUK RA 27041802140 116 DUMP TRUCK 04/21/2021 248.96 248.96 04/28/2021 11061 ALLSTATE PARTS OF SAUK RA 2704180301 116 DUMP TRUCK 04/23/2021 591.48 591.48 04/28/2021
Total ALLSTATE PARTS OF SAUK RAPIDS: 920.15 920.15
ARTISAN BEER COMPANY 10864 ARTISAN BEER COMPANY 3468744 BEER 04/14/2021 102.50 102.50 04/27/2021
Total ARTISAN BEER COMPANY : 102.50 102.50
ARVIG - PERHAM 10993 ARVIG - PERHAM 04232021 POLICE TELEPHONE 04/23/2021 376.00 376.00 04/27/2021
Total ARVIG - PERHAM : 376.00 376.00
AUTOSTOP INC 3005 AUTOSTOP INC 0084238 K9 UNIT 04/27/2021 131.62 131.62 04/28/2021 3005 AUTOSTOP INC 0084306 UNIT 729 04/27/2021 480.17 480.17 04/28/2021
Total AUTOSTOP INC: 611.79 611.79
BELL BOY CORPORATION-1 1032 BELL BOY CORPORATION-1 008856900 LIQUOR 04/26/2021 1,546.25 1,546.25 04/27/2021 1032 BELL BOY CORPORATION-1 008856900 WINE 04/26/2021 184.00 184.00 04/27/2021 1032 BELL BOY CORPORATION-1 008856900 FRT 04/26/2021 32.40 32.40 04/27/2021 1032 BELL BOY CORPORATION-1 0088959500 LIQUOR 04/26/2021 74.50 74.50 04/27/2021 1032 BELL BOY CORPORATION-1 0088959500 FRT 04/26/2021 2.70 2.70 04/27/2021 1032 BELL BOY CORPORATION-1 0089049200 LIQUOR 04/27/2021 6,796.66 6,796.66 04/28/2021 1032 BELL BOY CORPORATION-1 0089049200 WINE 04/27/2021 470.00 470.00 04/28/2021 1032 BELL BOY CORPORATION-1 0089049200 FRT 04/27/2021 124.20 124.20 04/28/2021 1032 BELL BOY CORPORATION-1 0103056900 MIX 04/26/2021 78.06 78.06 04/27/2021 1032 BELL BOY CORPORATION-1 0103056900 FRT 04/26/2021 2.77 2.77 04/27/2021 1032 BELL BOY CORPORATION-1 0103095100 LIQUOR SUPPLIES 04/26/2021 126.00 126.00 04/27/2021 1032 BELL BOY CORPORATION-1 0103095100 MIX 04/26/2021 75.00 75.00 04/27/2021 1032 BELL BOY CORPORATION-1 0103095100 FRT 04/26/2021 2.93 2.93 04/27/2021 1032 BELL BOY CORPORATION-1 0103124400 SUPPLIE 04/27/2021 38.20 38.20 04/28/2021 1032 BELL BOY CORPORATION-1 0103124400 MIX 04/27/2021 73.35 73.35 04/28/2021 1032 BELL BOY CORPORATION-1 0103124400 FRT 04/27/2021 2.52 2.52 04/28/2021
Total BELL BOY CORPORATION-1 : 9,629.54 9,629.54
BERNICKS PEPSI 350 BERNICKS PEPSI 198628 MIX 04/26/2021 44.12 44.12 04/27/2021 350 BERNICKS PEPSI 198631 BEER 04/26/2021 1,905.10 1,905.10 04/27/2021 350 BERNICKS PEPSI 200865 MIX 04/16/2021 148.55 148.55 04/27/2021 350 BERNICKS PEPSI 200866 BEER 04/16/2021 21.12- 21.12- 04/27/2021 350 BERNICKS PEPSI 200867 BEER 04/16/2021 3,195.50 3,195.50 04/27/2021
Total BERNICKS PEPSI : 5,272.15 5,272.15
BIG LAKE LUMBER 3800 BIG LAKE LUMBER 2104-503011 PLOW DAMAGE MAILBOX 09/16/2382 216.62 216.62 04/27/2021 CITY OF BIG LAKE Payment Approval Report Page: 2 Report dates: 4/22/2021-5/5/2021 May 05, 2021 05:36PM
Vendor Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid Voided Invoice Amount
Total BIG LAKE LUMBER : 216.62 216.62
BREAKTHRU BEVERAGE 10671 BREAKTHRU BEVERAGE 339122693 WINE 04/15/2021 390.70 390.70 04/27/2021 10671 BREAKTHRU BEVERAGE 339122693 MIX 04/15/2021 78.27 78.27 04/27/2021 10671 BREAKTHRU BEVERAGE 339122693 LIQUOR 04/15/2021 3,319.02 3,319.02 04/27/2021 10671 BREAKTHRU BEVERAGE 339122694 BEER 04/15/2021 122.75 122.75 04/27/2021 10671 BREAKTHRU BEVERAGE 339205689 LIQUOR 04/22/2021 6,775.16 6,775.16 04/28/2021 10671 BREAKTHRU BEVERAGE 339205689 MIX 04/22/2021 42.83 42.83 04/28/2021 10671 BREAKTHRU BEVERAGE 339205689 WINE 04/22/2021 288.00 288.00 04/28/2021
Total BREAKTHRU BEVERAGE : 11,016.73 11,016.73
C&L DISTRIBUTING COMPANY 550 C&L DISTRIBUTING COMPANY 1152922 BEER 04/21/2021 200.51- 200.51- 04/28/2021 550 C&L DISTRIBUTING COMPANY 1152922 KEG DEPOSIT 04/21/2021 30.00- 30.00- 04/28/2021 550 C&L DISTRIBUTING COMPANY 1152923 BEER 04/21/2021 16,556.50 16,556.50 04/28/2021 550 C&L DISTRIBUTING COMPANY 1152923 LIQUOR 04/21/2021 113.50 113.50 04/28/2021 550 C&L DISTRIBUTING COMPANY 1152923 NA BEER 04/21/2021 193.60 193.60 04/28/2021 550 C&L DISTRIBUTING COMPANY 1152923 MIX 04/21/2021 113.00 113.00 04/28/2021
Total C&L DISTRIBUTING COMPANY : 16,746.09 16,746.09
CENTRAL HYDRAULICS 4198 CENTRAL HYDRAULICS 69807 STREET EQUIP REPAIRS 04/26/2021 38.14 38.14 04/28/2021
Total CENTRAL HYDRAULICS : 38.14 38.14
CHARTER COMMUNICATION (E-CHECKS) 11854 CHARTER COMMUNICATION (E 020368503142 CITY HALL - MAY & JUNE 2021 04/01/2021 649.92 649.92 04/30/2021 11854 CHARTER COMMUNICATION (E PW MARCH & PW - MARCH & APRIL 2021 04/01/2021 428.01 428.01 04/30/2021
Total CHARTER COMMUNICATION (E-CHECKS): 1,077.93 1,077.93
CHARTER COMMUNICATIONS 10418 CHARTER COMMUNICATIONS 000463004102 CITY HALL INTERNET 04/23/2021 76.31 76.31 04/27/2021 10418 CHARTER COMMUNICATIONS 017101504212 LAKESIDE PARK INTERNET 04/21/2021 144.98 144.98 04/28/2021 10418 CHARTER COMMUNICATIONS 020368504142 CITY HALL INTERNET 04/23/2021 324.96 324.96 04/27/2021 10418 CHARTER COMMUNICATIONS 13078041021 WATER TREATMENT PLANT INT 04/23/2021 167.47 167.47 04/27/2021
Total CHARTER COMMUNICATIONS: 713.72 713.72
CITY OF BIG LAKE 10929 CITY OF BIG LAKE APRIL 21 19255 ENGLEWOOD DR 04/23/2021 33.67 33.67 04/27/2021 10929 CITY OF BIG LAKE APRIL 21 20480 NEDD ST 04/23/2021 33.67 33.67 04/27/2021 10929 CITY OF BIG LAKE APRIL 21 PW BLDG METER 2 04/23/2021 33.67 33.67 04/27/2021 10929 CITY OF BIG LAKE APRIL 21 POLICE/LIBRARY 04/23/2021 286.03 286.03 04/27/2021 10929 CITY OF BIG LAKE APRIL 21 CITY HALL 04/23/2021 201.91 201.91 04/27/2021 10929 CITY OF BIG LAKE APRIL 21 LAKESIDE PARK RESTROOM 04/23/2021 33.67 33.67 04/27/2021 10929 CITY OF BIG LAKE APRIL 21 LAKESIDE PARK FOUNTAIN 04/23/2021 33.67 33.67 04/27/2021 10929 CITY OF BIG LAKE APRIL 21 PW METER 04/23/2021 349.12 349.12 04/27/2021 10929 CITY OF BIG LAKE APRIL 21 LAKE LIQUOR STORE 04/23/2021 121.76 121.76 04/27/2021 10929 CITY OF BIG LAKE APRIL 21 HUDSON WOODS 04/23/2021 33.67 33.67 04/27/2021 10929 CITY OF BIG LAKE APRIL 21 SHORES OF LAKE MITCHELL 04/23/2021 33.67 33.67 04/27/2021 10929 CITY OF BIG LAKE APRIL 21 WRIGHTS CROSSING PARK 04/23/2021 33.67 33.67 04/27/2021 10929 CITY OF BIG LAKE APRIL 21 HIGHLINE PARK 04/23/2021 33.67 33.67 04/27/2021 CITY OF BIG LAKE Payment Approval Report Page: 3 Report dates: 4/22/2021-5/5/2021 May 05, 2021 05:36PM
Vendor Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid Voided Invoice Amount
10929 CITY OF BIG LAKE APRIL 21 HIGHLINE PARK 04/23/2021 33.67 33.67 04/27/2021 10929 CITY OF BIG LAKE APRIL 21 MITCHELL FARMS PARK 04/23/2021 33.67 33.67 04/27/2021 10929 CITY OF BIG LAKE APRIL 21 POWELL PARK 04/23/2021 33.67 33.67 04/27/2021 10929 CITY OF BIG LAKE APRIL 21 LAKESIDE PARK 04/23/2021 33.67 33.67 04/27/2021 10929 CITY OF BIG LAKE APRIL 21 PARKWAY IRRIGATION 04/23/2021 33.67 33.67 04/27/2021 10929 CITY OF BIG LAKE APRIL 21 BLUFF PARK 04/23/2021 33.67 33.67 04/27/2021 10929 CITY OF BIG LAKE APRIL 21 JEFFERSON SQUARE PARK IR 04/23/2021 33.67 33.67 04/27/2021
Total CITY OF BIG LAKE : 1,497.54 1,497.54
COLONIAL LIFE 10885 COLONIAL LIFE 4377404-0414 COLONIAL LIFE INS PREMIUMS 04/25/2021 129.24 129.24 04/29/2021
Total COLONIAL LIFE: 129.24 129.24
CONCRETE IDEA, INC 11854 CONCRETE IDEA, INC PAY EST 2 2020 SAFE ROUTES TO SCHOO 05/05/2021 12,655.00 12,655.00 05/05/2021 11854 CONCRETE IDEA, INC PAY EST 2 2020 SAFE ROUTES TO SCHOO 05/05/2021 632.75- 632.75- 05/05/2021
Total CONCRETE IDEA, INC: 12,022.25 12,022.25
CONNEXUS ENERGY 3300 CONNEXUS ENERGY 390212-28297 PRAIRIE DR 04/23/2021 14.50 14.50 04/27/2021
Total CONNEXUS ENERGY : 14.50 14.50
CORE & MAIN LP 10944 CORE & MAIN LP 0041390 STATION STREET APTS METER 04/21/2021 1,565.34 1,565.34 04/28/2021 10944 CORE & MAIN LP 0090137 LIBERTY BANK 04/21/2021 271.12 271.12 04/28/2021
Total CORE & MAIN LP : 1,836.46 1,836.46
CRYSTAL SPRINGS ICE 10934 CRYSTAL SPRINGS ICE 3002616 ICE 04/22/2021 166.86 166.86 04/28/2021
Total CRYSTAL SPRINGS ICE : 166.86 166.86
CRYSTEEL TRUCK EQUIPMENT 10399 CRYSTEEL TRUCK EQUIPMENT FP181638 SAFETY RACK FOR GMC 21 04/20/2021 330.55 330.55 04/28/2021 10399 CRYSTEEL TRUCK EQUIPMENT FP181638 SAFETY RACK GMC 31 04/20/2021 340.50 340.50 04/28/2021
Total CRYSTEEL TRUCK EQUIPMENT : 671.05 671.05
DAHLHEIMER DISTRIBUTING CO 750 DAHLHEIMER DISTRIBUTING C 1380788 BEER 04/13/2021 33.50- 33.50- 04/28/2021 750 DAHLHEIMER DISTRIBUTING C 1382202 BEER 04/23/2021 390.10 390.10 04/27/2021 750 DAHLHEIMER DISTRIBUTING C 1382202 KEG DEPOSIT 04/23/2021 30.00 30.00 04/27/2021 750 DAHLHEIMER DISTRIBUTING C 1383423 BEER 04/20/2021 28,414.00 28,414.00 04/28/2021 750 DAHLHEIMER DISTRIBUTING C 1383423 NA BEER 04/20/2021 22.41 22.41 04/28/2021 750 DAHLHEIMER DISTRIBUTING C 1384222 BEER 04/20/2021 15.00- 15.00- 04/28/2021 750 DAHLHEIMER DISTRIBUTING C 1384227 BEER 04/20/2021 47.00- 47.00- 04/28/2021 750 DAHLHEIMER DISTRIBUTING C 1385556 BEER 04/22/2021 186.50 186.50 04/28/2021 750 DAHLHEIMER DISTRIBUTING C 1385556 KEG DEPOSIT 04/22/2021 30.00 30.00 04/28/2021 750 DAHLHEIMER DISTRIBUTING C 1387584 BEER 04/27/2021 16,337.60 16,337.60 04/28/2021 750 DAHLHEIMER DISTRIBUTING C 1387584 KEG DEPOSIT 04/27/2021 90.00- 90.00- 04/28/2021 750 DAHLHEIMER DISTRIBUTING C 1387584 MIX 04/27/2021 57.20 57.20 04/28/2021 CITY OF BIG LAKE Payment Approval Report Page: 4 Report dates: 4/22/2021-5/5/2021 May 05, 2021 05:36PM
Vendor Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid Voided Invoice Amount
Total DAHLHEIMER DISTRIBUTING CO : 45,282.31 45,282.31
DATA SUCCESS, INC 10383 DATA SUCCESS, INC 15577 DISASTER RECOVERY 04/23/2021 249.00 249.00 04/27/2021
Total DATA SUCCESS, INC : 249.00 249.00
DEARBORN NATIONAL (E-CHECK) 10989 DEARBORN NATIONAL (E-CHE 05312021 LIFE INS PREMS MAY 2021 - ER 05/01/2021 1,401.78 1,401.78 05/05/2021 10989 DEARBORN NATIONAL (E-CHE 05312021 LIFE INS PREMS MAY 2021 - EE 05/01/2021 386.96 386.96 05/05/2021 10989 DEARBORN NATIONAL (E-CHE 05312021 LIFE INS PREMS MAY 2021 - CO 05/01/2021 3.44 3.44 05/05/2021
Total DEARBORN NATIONAL (E-CHECK): 1,792.18 1,792.18
DELEGARD TOOL CO 10972 DELEGARD TOOL CO 48505 TOOLS 04/27/2021 487.69 487.69 04/28/2021
Total DELEGARD TOOL CO : 487.69 487.69
DELTA DENTAL (E-CHECKS) 10436 DELTA DENTAL (E-CHECKS) CNS00006772 DENTAL INS PREM MAY 2021 - 05/01/2021 110.65 110.65 05/05/2021 10436 DELTA DENTAL (E-CHECKS) CNS00006772 DENTAL INS PREM MAY 2021 - 05/01/2021 2,728.15 2,728.15 05/05/2021 10436 DELTA DENTAL (E-CHECKS) CNS00006772 DENTAL INS PREM MAY 2021 - 05/01/2021 162.10 162.10 05/05/2021
Total DELTA DENTAL (E-CHECKS): 3,000.90 3,000.90
DEPARTMENT OF MOTOR VEHICLE 10950 DEPARTMENT OF MOTOR VEHI 04272021 CITY HALL VEHICLE PLATES 04/27/2021 64.00 64.00 04/27/2021 10950 DEPARTMENT OF MOTOR VEHI 04272021 NEW PUBLIC WORKS VEHICLE 04/27/2021 2,772.72 2,772.72 04/27/2021
Total DEPARTMENT OF MOTOR VEHICLE : 2,836.72 2,836.72
DOORSTEP D.O.T. MEDICAL CERT 11018 DOORSTEP D.O.T. MEDICAL CE 04232021 DOT TESTING 04/23/2021 118.50 118.50 04/27/2021 11018 DOORSTEP D.O.T. MEDICAL CE 04232021 DOT TESTING 04/23/2021 79.00 79.00 04/27/2021 11018 DOORSTEP D.O.T. MEDICAL CE 04232021 DOT TESTING 04/23/2021 118.50 118.50 04/27/2021
Total DOORSTEP D.O.T. MEDICAL CERT : 316.00 316.00
ECM PUBLISHERS, INC. 7772 ECM PUBLISHERS, INC. 830625 LIQUOR STORE ADVERTISING 04/18/2021 9.00 9.00 04/28/2021
Total ECM PUBLISHERS, INC. : 9.00 9.00
ELM CREEK BREWING CO 11853 ELM CREEK BREWING CO 00176 BEER 04/08/2021 138.00 138.00 04/27/2021
Total ELM CREEK BREWING CO: 138.00 138.00
FARIAS, DAGOBERTO 11854 FARIAS, DAGOBERTO 04212021 REFUND OVER PAID PARK PAS 04/21/2021 20.00 20.00 04/28/2021
Total FARIAS, DAGOBERTO: 20.00 20.00
FELDEVERD, ALLEN 10980 FELDEVERD, ALLEN 04212021 EBT TOKENS APRIL 2021 04/21/2021 8.00 8.00 04/28/2021 CITY OF BIG LAKE Payment Approval Report Page: 5 Report dates: 4/22/2021-5/5/2021 May 05, 2021 05:36PM
Vendor Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid Voided Invoice Amount
10980 FELDEVERD, ALLEN 04212021 PROMOTION TOKENS APRIL 20 04/21/2021 12.00 12.00 04/28/2021 10980 FELDEVERD, ALLEN 04212021 MARKET BUCKS APRIL 2021 04/21/2021 20.00 20.00 04/28/2021
Total FELDEVERD, ALLEN : 40.00 40.00
GOPHER STATE ONE CALL 5202 GOPHER STATE ONE CALL 1030222 LOCATES 03/31/2021 60.30 60.30 04/28/2021 5202 GOPHER STATE ONE CALL 1030222 LOCATES 03/31/2021 60.30 60.30 04/28/2021 5202 GOPHER STATE ONE CALL 1030222 LOCATES 03/31/2021 60.30 60.30 04/28/2021
Total GOPHER STATE ONE CALL : 180.90 180.90
GRAINGER 10389 GRAINGER 9867737745 BULBS 04/13/2021 69.52 69.52 04/28/2021
Total GRAINGER : 69.52 69.52
GRANITE CITY JOBBING 5213 GRANITE CITY JOBBING 227609 TOBAACO 04/21/2021 656.12 656.12 04/28/2021 5213 GRANITE CITY JOBBING 227609 CIGAR 04/21/2021 150.37 150.37 04/28/2021 5213 GRANITE CITY JOBBING 227609 SUPPLIES 04/21/2021 130.50 130.50 04/28/2021 5213 GRANITE CITY JOBBING 227609 MIX 04/21/2021 29.07 29.07 04/28/2021 5213 GRANITE CITY JOBBING 227609 FRT 04/21/2021 4.25 4.25 04/28/2021
Total GRANITE CITY JOBBING : 970.31 970.31
HACH COMPANY 5245 HACH COMPANY 12397367 PHASPHAX SERVICE 2021 04/04/2021 11,206.00 11,206.00 04/28/2021 5245 HACH COMPANY 12397367 PHASPHAX SERVICE 2022 PRE 04/04/2021 11,430.00 11,430.00 04/28/2021 5245 HACH COMPANY 12397367 PHASPHAX SERVICE 2023 PRE 04/04/2021 11,659.00 11,659.00 04/28/2021 5245 HACH COMPANY 12413197 WWTP CHEMICALS 04/26/2021 358.41 358.41 04/27/2021 5245 HACH COMPANY 12420256 WWTP CHEMICALS 04/21/2021 533.35 533.35 04/28/2021 5245 HACH COMPANY 316380955 WWTP SUPPLIES 04/23/2021 533.35 533.35 04/27/2021
Total HACH COMPANY : 35,720.11 35,720.11
HAWKINS, INC-1 10520 HAWKINS, INC-1 4913151 WATER CHEMICALS 04/26/2021 5,531.99 5,531.99 04/27/2021 10520 HAWKINS, INC-1 4919451 WWTP CHEMICALS 04/14/2021 4,996.55 4,996.55 04/28/2021
Total HAWKINS, INC-1 : 10,528.54 10,528.54
HEALTH PARTNERS (E-CHECKS) 10437 HEALTH PARTNERS (E-CHECK 104112993 HEALTH INS PREMS MAY 2021 - 05/01/2021 1,532.68 1,532.68 05/05/2021 10437 HEALTH PARTNERS (E-CHECK 104112993 HEALTH INS PREMS MAY 2021 - 05/01/2021 517.19 517.19 05/05/2021 10437 HEALTH PARTNERS (E-CHECK 104112993 HEALTH INS PREMS MAY 2021 - 05/01/2021 1,017.82 1,017.82 05/05/2021 10437 HEALTH PARTNERS (E-CHECK 104112993 HEALTH INS PREMS MAY 2021 - 05/01/2021 27,852.66 27,852.66 05/05/2021 10437 HEALTH PARTNERS (E-CHECK 104112993 HEALTH INS PREMS MAY 2021 - 05/01/2021 4,386.20 4,386.20 05/05/2021
Total HEALTH PARTNERS (E-CHECKS): 35,306.55 35,306.55
HEARTLAND PAYMENT SYSTEMS 10514 HEARTLAND PAYMENT SYSTE 02282021 LIQUOR STORE FROOGLE FEE 04/01/2021 56.77 56.77 04/29/2021
Total HEARTLAND PAYMENT SYSTEMS: 56.77 56.77 CITY OF BIG LAKE Payment Approval Report Page: 6 Report dates: 4/22/2021-5/5/2021 May 05, 2021 05:36PM
Vendor Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid Voided Invoice Amount
HLS OUTDOORS 11852 HLS OUTDOORS 0004279614-0 IRRIGATION SUPPLIES 03/24/2021 220.37 220.37 04/28/2021
Total HLS OUTDOORS: 220.37 220.37
HOGLUND BUS COMPANY 230 HOGLUND BUS COMPANY 907600 DUMP TRUCK PARTS 04/22/2021 367.30 367.30 04/28/2021
Total HOGLUND BUS COMPANY : 367.30 367.30
HOPKINS, JOHNATHAN 11850 HOPKINS, JOHNATHAN 04212021 PROMOTION TOKENS ARPIL 20 04/21/2021 17.00 17.00 04/28/2021
Total HOPKINS, JOHNATHAN: 17.00 17.00
HR EMPLOYMENT LAW 10889 HR EMPLOYMENT LAW 43696093 HR EMPLOYMENT LAW SUBSC 04/26/2021 211.00 211.00 04/28/2021
Total HR EMPLOYMENT LAW: 211.00 211.00
INBOUND BREWCO 11067 INBOUND BREWCO 10207 BEER 04/14/2021 209.00 209.00 04/27/2021
Total INBOUND BREWCO : 209.00 209.00
INTERNATIONAL CODE COUNCIL 10424 INTERNATIONAL CODE COUNC 1001337258 BUILDING CODE BOOKS 04/14/2021 132.07 132.07 04/28/2021
Total INTERNATIONAL CODE COUNCIL : 132.07 132.07
JOHNSON BROTHERS WHOLESALE 1500 JOHNSON BROTHERS WHOLE 1753193 LIQUOR PURCHASE 03/03/2021 7,365.50 7,365.50 04/27/2021 1500 JOHNSON BROTHERS WHOLE 1756064 LIQUOR 04/21/2021 7,369.66 7,369.66 04/28/2021 1500 JOHNSON BROTHERS WHOLE 1778427 LIQUOR 04/12/2021 505.68 505.68 04/27/2021 1500 JOHNSON BROTHERS WHOLE 1781564 LIQUOR 04/23/2021 3,507.25 3,507.25 04/27/2021 1500 JOHNSON BROTHERS WHOLE 1781565 WINE 04/14/2021 3,916.76 3,916.76 04/27/2021 1500 JOHNSON BROTHERS WHOLE 1781566 BEER INVOICE 02/01/2410 21.00 21.00 04/27/2021 1500 JOHNSON BROTHERS WHOLE 1781567 MIX 04/14/2021 80.00 80.00 04/27/2021 1500 JOHNSON BROTHERS WHOLE 1781568 LIQUOR 04/23/2021 3,101.00 3,101.00 04/27/2021 1500 JOHNSON BROTHERS WHOLE 1783064 WINE 04/19/2021 199.44 199.44 04/28/2021 1500 JOHNSON BROTHERS WHOLE 17833063 LIQUOR 04/19/2021 67.68 67.68 04/28/2021 1500 JOHNSON BROTHERS WHOLE 1786065 WINE 04/21/2021 4,356.28 4,356.28 04/28/2021 1500 JOHNSON BROTHERS WHOLE 1786066 MIX 04/21/2021 28.00 28.00 04/28/2021 1500 JOHNSON BROTHERS WHOLE 1786067 LIQUOR 04/21/2021 6,342.00 6,342.00 04/28/2021
Total JOHNSON BROTHERS WHOLESALE : 36,860.25 36,860.25
JOHNSON CONTROLS SECURITY 10982 JOHNSON CONTROLS SECURI 35747300 MAY-JULY COMPOST SECURIT 04/25/2021 274.93 274.93 04/27/2021
Total JOHNSON CONTROLS SECURITY : 274.93 274.93
JOHNSON, TRUDY 11071 JOHNSON, TRUDY 04212021 CC TOKENS APRIL 2021 04/21/2021 10.00 10.00 04/28/2021 11071 JOHNSON, TRUDY 04212021 PROMOTION TOKENS APRIL 20 04/21/2021 3.00 3.00 04/28/2021 CITY OF BIG LAKE Payment Approval Report Page: 7 Report dates: 4/22/2021-5/5/2021 May 05, 2021 05:36PM
Vendor Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid Voided Invoice Amount
Total JOHNSON, TRUDY : 13.00 13.00
LENS CUSTOM REMODELING, INC. 10627 LENS CUSTOM REMODELING, I 04272021 POLICE GARAGE - SQUAD 04/27/2021 8,737.00 8,737.00 04/28/2021
Total LENS CUSTOM REMODELING, INC. : 8,737.00 8,737.00
LUPULIN BREWING LLC 10878 LUPULIN BREWING LLC 32724 BEER 04/26/2021 148.00 148.00 04/27/2021 10878 LUPULIN BREWING LLC 32724 KEG DEPOSIT 04/26/2021 60.00 60.00 04/27/2021 10878 LUPULIN BREWING LLC 36529 BEER 04/26/2021 680.20 680.20 04/27/2021
Total LUPULIN BREWING LLC: 888.20 888.20
MAAS, NANCY 11075 MAAS, NANCY 04212021 EBT TOKENS APRIL 2021 04/21/2021 4.00 4.00 04/28/2021 11075 MAAS, NANCY 04212021 PROMOTION TOKENS APRIL 20 04/21/2021 23.00 23.00 04/28/2021
Total MAAS, NANCY : 27.00 27.00
MAGICMAN DETAILING 11854 MAGICMAN DETAILING 100 DETAIL CITY HALL VEHICLE 04/23/2021 220.00 220.00 04/23/2021
Total MAGICMAN DETAILING: 220.00 220.00
MARCO TECHNOLOGIES - ECHECK 11850 MARCO TECHNOLOGIES - ECH 441105442 CITY HALL COPIER LEASE 4/10/ 04/15/2021 903.78 903.78 04/29/2021 11850 MARCO TECHNOLOGIES - ECH 441105442 2020 OVERAGE FEE 04/15/2021 1,721.96 1,721.96 04/29/2021 11850 MARCO TECHNOLOGIES - ECH 441105442 PW COPIER LEASE 4/10/21 - 5/1 04/15/2021 138.92 138.92 04/29/2021 11850 MARCO TECHNOLOGIES - ECH 441105442 PW COPIER LEASE 4/10/21 - 5/1 04/15/2021 138.92 138.92 04/29/2021 11850 MARCO TECHNOLOGIES - ECH 441105442 2020 OVERAGE FEE 04/15/2021 131.93 131.93 04/29/2021 11850 MARCO TECHNOLOGIES - ECH 441105442 FIRE COPIER LEASE 4/10/21 - 5/ 04/15/2021 30.00 30.00 04/29/2021
Total MARCO TECHNOLOGIES - ECHECK: 3,065.51 3,065.51
MENARD, INC 11002 MENARD, INC 27767 PARKS SUPPLIES 03/12/2021 103.34 103.34 04/28/2021
Total MENARD, INC : 103.34 103.34
MHFA 10634 MHFA 04162021 107 CORRINE 2021 QTR 1 04/23/2021 425.82 425.82 04/27/2021 10634 MHFA 04162021 4984 MITCHELL 2021 QTR 1 04/23/2021 461.81 461.81 04/27/2021
Total MHFA : 887.63 887.63
MIDWEST MACHINERY CO 11018 MIDWEST MACHINERY CO 2361499 #314 PARKS LAWNMOWER 04/25/2021 130.47 130.47 04/27/2021
Total MIDWEST MACHINERY CO : 130.47 130.47
MN COMPUTER SYSTEMS INC 260 MN COMPUTER SYSTEMS INC 312892 COPIES 04/25/2021 20.79 20.79 04/27/2021
Total MN COMPUTER SYSTEMS INC : 20.79 20.79 CITY OF BIG LAKE Payment Approval Report Page: 8 Report dates: 4/22/2021-5/5/2021 May 05, 2021 05:36PM
Vendor Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid Voided Invoice Amount
MN DEPT OF LABOR & INDUSTRY (E-CHECK) 2562 MN DEPT OF LABOR & INDUST 1ST QTR 2021 BUILDING PERMIT SURCHARG 04/01/2021 5,617.47 5,617.47 04/22/2021
Total MN DEPT OF LABOR & INDUSTRY (E-CHECK): 5,617.47 5,617.47
MN NCPERS LIFE 10359 MN NCPERS LIFE 342600052021 May PREMIUMS 04/21/2021 48.00 48.00 04/28/2021
Total MN NCPERS LIFE : 48.00 48.00
MN RURAL WATER ASSOCIATION (E-CHECKS) 11854 MN RURAL WATER ASSOCIATI 2021 2021 MEMBERSHIP DUES 04/21/2021 300.00 300.00 04/29/2021
Total MN RURAL WATER ASSOCIATION (E-CHECKS): 300.00 300.00
MONTICELLO TIMES INC 1650 MONTICELLO TIMES INC MCT-730784 2 POLICE SUBSCRIPTION 04/25/2021 54.95 54.95 04/27/2021
Total MONTICELLO TIMES INC : 54.95 54.95
OREILLY AUTOMOTIVE, INC 10369 OREILLY AUTOMOTIVE, INC 04272021 POLICE VEHICLE MAINT 04/27/2021 29.27 29.27 04/28/2021 10369 OREILLY AUTOMOTIVE, INC 1532-264182 WATER SUPPLIES 04/27/2021 33.96 33.96 04/27/2021 10369 OREILLY AUTOMOTIVE, INC 1532-264182 STREET TRUCK REPAIRS 04/27/2021 6.17 6.17 04/27/2021 10369 OREILLY AUTOMOTIVE, INC 1532-264182 #35 TRUCK MAINT 04/27/2021 386.45 386.45 04/27/2021 10369 OREILLY AUTOMOTIVE, INC 1532-264182 STREET VEHICLE MAINT 04/27/2021 67.12 67.12 04/27/2021 10369 OREILLY AUTOMOTIVE, INC 1532-264182 #35 TRUCK 04/27/2021 62.89 62.89 04/27/2021 10369 OREILLY AUTOMOTIVE, INC 1532-264182 PARKS REPAIRS 04/27/2021 12.99 12.99 04/27/2021 10369 OREILLY AUTOMOTIVE, INC 1532-264182 PARK REPAIRS 04/27/2021 4.24 4.24 04/27/2021
Total OREILLY AUTOMOTIVE, INC : 603.09 603.09
PAUSTIS WINE COMPANY 1095 PAUSTIS WINE COMPANY 124683 WINE 04/23/2021 207.00 207.00 04/28/2021 1095 PAUSTIS WINE COMPANY 124683 FRT 04/23/2021 4.50 4.50 04/28/2021 1095 PAUSTIS WINE COMPANY 24002 WINE 04/25/2021 612.00 612.00 04/27/2021 1095 PAUSTIS WINE COMPANY 24002 FRT 04/25/2021 10.50 10.50 04/27/2021
Total PAUSTIS WINE COMPANY : 834.00 834.00
PHILLIPS WINE & SPIRITS 7106 PHILLIPS WINE & SPIRITS 6189550 LIQUOR 04/25/2021 3,168.08 3,168.08 04/27/2021 7106 PHILLIPS WINE & SPIRITS 6189551 WINE 04/25/2021 553.00 553.00 04/27/2021 7106 PHILLIPS WINE & SPIRITS 6189552 MIX 04/25/2021 139.60 139.60 04/27/2021 7106 PHILLIPS WINE & SPIRITS 6189552 NA WINE 04/25/2021 72.00 72.00 04/27/2021 7106 PHILLIPS WINE & SPIRITS 6192990 LIQUOR 04/21/2021 2,407.07 2,407.07 04/28/2021 7106 PHILLIPS WINE & SPIRITS 6192991 WINE 04/21/2021 855.00 855.00 04/28/2021 7106 PHILLIPS WINE & SPIRITS 6192992 MIX 04/21/2021 45.60 45.60 04/28/2021
Total PHILLIPS WINE & SPIRITS : 7,240.35 7,240.35
PITNEY BOWES INC 7100 PITNEY BOWES INC 03302021 POSTAGE PURCHASE 3/30/202 04/01/2021 177.14 177.14 04/29/2021 7100 PITNEY BOWES INC 04262021 POSTAGE PURCHASE 04/26/20 04/26/2021 200.00 200.00 04/30/2021 7100 PITNEY BOWES INC 04282021 POSTAGE PURCHASE 04/28/20 04/28/2021 200.00 200.00 04/29/2021 CITY OF BIG LAKE Payment Approval Report Page: 9 Report dates: 4/22/2021-5/5/2021 May 05, 2021 05:36PM
Vendor Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid Voided Invoice Amount
Total PITNEY BOWES INC: 577.14 577.14
POSTMASTER 7670 POSTMASTER 307025 SUPPLIES 04/05/2021 71.45 71.45 04/28/2021
Total POSTMASTER : 71.45 71.45
REYNOLDS, REBECCA 10998 REYNOLDS, REBECCA 04212021 PROMOTION TOKENS APRIL 20 04/21/2021 3.00 3.00 04/28/2021
Total REYNOLDS, REBECCA : 3.00 3.00
RMR SERVICES 10564 RMR SERVICES 2021089 UB METER READS 04/13/2021 233.06 233.06 04/28/2021 10564 RMR SERVICES 2021089 UB METER READS 04/13/2021 1,048.76 1,048.76 04/28/2021 10564 RMR SERVICES 2021089 UB METER READS 04/13/2021 1,048.76 1,048.76 04/28/2021 10564 RMR SERVICES 2021090 - 202 METER READS JAN 2021 04/25/2021 1,048.76 1,048.76 04/27/2021 10564 RMR SERVICES 2021090 - 202 METER READS JAN 2021 04/25/2021 1,048.76 1,048.76 04/27/2021 10564 RMR SERVICES 2021090 - 202 METER READS JAN 2021 04/25/2021 233.06 233.06 04/27/2021 10564 RMR SERVICES 2021090 - 202 METER READS FEB 2021 04/25/2021 1,049.04 1,049.04 04/27/2021 10564 RMR SERVICES 2021090 - 202 METER READS FEB 2021 04/25/2021 1,049.04 1,049.04 04/27/2021 10564 RMR SERVICES 2021090 - 202 METER READS FEB 2021 04/25/2021 233.12 233.12 04/27/2021
Total RMR SERVICES : 6,992.36 6,992.36
ROYAL TIRE INC 7264 ROYAL TIRE INC 301-174087 TRAILER TIRES 04/22/2021 194.28 194.28 04/28/2021
Total ROYAL TIRE INC : 194.28 194.28
SHERBURNE CO AUDITOR-TREASURER 7324 SHERBURNE CO AUDITOR-TRE 9338 APRIL 13TH SPECIAL ELECTIO 04/27/2021 3,086.96 3,086.96 04/28/2021
Total SHERBURNE CO AUDITOR-TREASURER: 3,086.96 3,086.96
SHERBURNE CO SHERIFFS DEPT 7116 SHERBURNE CO SHERIFFS DE 2021-03 MARCH 2021 IT 04/23/2021 2,833.33 2,833.33 04/27/2021
Total SHERBURNE CO SHERIFFS DEPT : 2,833.33 2,833.33
SHERBURNE COUNTY ATTORNEY 7300 SHERBURNE COUNTY ATTORN 6962 COURT FINES 04/13/2021 2,113.68 2,113.68 04/28/2021
Total SHERBURNE COUNTY ATTORNEY : 2,113.68 2,113.68
SHORT-ELLIOTT-HENDRICKSON 7358 SHORT-ELLIOTT-HENDRICKSO 403905 WELL 7 & 2 REHAB 04/26/2021 727.89 727.89 04/27/2021 7358 SHORT-ELLIOTT-HENDRICKSO 404113 RRA & ERP 04/26/2021 207.25 207.25 04/27/2021
Total SHORT-ELLIOTT-HENDRICKSON : 935.14 935.14
SHRED RIGHT 10870 SHRED RIGHT 547968 CITY HALL SHREDDING 04/25/2021 37.70 37.70 04/27/2021 10870 SHRED RIGHT 547968 POLICE SHREDDING 04/25/2021 20.00 20.00 04/27/2021 CITY OF BIG LAKE Payment Approval Report Page: 10 Report dates: 4/22/2021-5/5/2021 May 05, 2021 05:36PM
Vendor Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid Voided Invoice Amount
Total SHRED RIGHT : 57.70 57.70
SIMPSON & SONS TREE SERVICE 11854 SIMPSON & SONS TREE SERVI 294367 TREE REMOVAL FOR STREET 04/09/2021 2,684.50 2,684.50 04/28/2021
Total SIMPSON & SONS TREE SERVICE: 2,684.50 2,684.50
SOUTHERN WINE & SPIRITS OF MN 10755 SOUTHERN WINE & SPIRITS O 2068894 LIQUOR 04/25/2021 215.90 215.90 04/27/2021 10755 SOUTHERN WINE & SPIRITS O 2068895 LIQUOR 04/25/2021 3,386.50 3,386.50 04/27/2021 10755 SOUTHERN WINE & SPIRITS O 2068896 WINE 04/25/2021 616.00 616.00 04/27/2021 10755 SOUTHERN WINE & SPIRITS O 2071460 LIQUOR 04/22/2021 2,863.37 2,863.37 04/28/2021 10755 SOUTHERN WINE & SPIRITS O 2071461 MIX 04/22/2021 36.14 36.14 04/28/2021 10755 SOUTHERN WINE & SPIRITS O 2071462 WINE 04/22/2021 616.00 616.00 04/28/2021
Total SOUTHERN WINE & SPIRITS OF MN: 7,733.91 7,733.91
STAPLES ADVANTAGE 10741 STAPLES ADVANTAGE 7325802100-0- CITY HALL SUPPLIES 03/02/2021 7.59 7.59 04/28/2021 10741 STAPLES ADVANTAGE 7326964287-0- MAYOR/COUNCIL SUPPLIES 03/18/2021 2.54 2.54 04/28/2021 10741 STAPLES ADVANTAGE 7326964287-0- PLANNING SUPPLIES 03/18/2021 2.54 2.54 04/28/2021 10741 STAPLES ADVANTAGE 7326964287-0- ENGINERING SUPPLIES 03/18/2021 2.54 2.54 04/28/2021 10741 STAPLES ADVANTAGE 7326964287-0- BUILDING SUPPLIES 03/18/2021 5.09 5.09 04/28/2021 10741 STAPLES ADVANTAGE 7326964287-0- EDA SUPPLIES 03/18/2021 5.09 5.09 04/28/2021 10741 STAPLES ADVANTAGE 7326964287-0- CITY HALL SUPPLIES 03/18/2021 33.19 33.19 04/28/2021 10741 STAPLES ADVANTAGE 7327800231-1- CITY HALL SUPPLIES 04/08/2021 1.24- 1.24- 04/28/2021 10741 STAPLES ADVANTAGE 7327800231-2- CITY HALL SUPPLIES 04/08/2021 8.68- 8.68- 04/28/2021 10741 STAPLES ADVANTAGE 7328481018-0- MAYOR/COUNCIL SUPPLIES 04/20/2021 6.01 6.01 04/28/2021 10741 STAPLES ADVANTAGE 7328481018-0- PLANNING SUPPLIES 04/20/2021 6.01 6.01 04/28/2021 10741 STAPLES ADVANTAGE 7328481018-0- ENGINERING SUPPLIES 04/20/2021 6.01 6.01 04/28/2021 10741 STAPLES ADVANTAGE 7328481018-0- BUILDING SUPPLIES 04/20/2021 12.02 12.02 04/28/2021 10741 STAPLES ADVANTAGE 7328481018-0- EDA SUPPLIES 04/20/2021 12.02 12.02 04/28/2021 10741 STAPLES ADVANTAGE 7328481018-0- CITY HALL SUPPLIES 04/20/2021 78.19 78.19 04/28/2021 10741 STAPLES ADVANTAGE 7328481018-0- MAYOR/COUNCIL SUPPLIES 04/12/2021 8.44 8.44 04/28/2021 10741 STAPLES ADVANTAGE 7328481018-0- PLANNING SUPPLIES 04/12/2021 8.44 8.44 04/28/2021 10741 STAPLES ADVANTAGE 7328481018-0- ENGINERING SUPPLIES 04/12/2021 8.44 8.44 04/28/2021 10741 STAPLES ADVANTAGE 7328481018-0- BUILDING SUPPLIES 04/12/2021 16.89 16.89 04/28/2021 10741 STAPLES ADVANTAGE 7328481018-0- EDA SUPPLIES 04/12/2021 16.89 16.89 04/28/2021 10741 STAPLES ADVANTAGE 7328481018-0- CITY HALL SUPPLIES 04/12/2021 109.83 109.83 04/28/2021 10741 STAPLES ADVANTAGE 7328481018-0- MAYOR/COUNCIL SUPPLIES 04/12/2021 2.86 2.86 04/28/2021 10741 STAPLES ADVANTAGE 7328481018-0- PLANNING SUPPLIES 04/12/2021 2.86 2.86 04/28/2021 10741 STAPLES ADVANTAGE 7328481018-0- ENGINERING SUPPLIES 04/12/2021 2.86 2.86 04/28/2021 10741 STAPLES ADVANTAGE 7328481018-0- EDA SUPPLIES 04/12/2021 5.72 5.72 04/28/2021 10741 STAPLES ADVANTAGE 7328481018-0- BUILDING SUPPLIES 04/12/2021 5.72 5.72 04/28/2021 10741 STAPLES ADVANTAGE 7328481018-0- CITY HALL SUPPLIES 04/12/2021 37.20 37.20 04/28/2021 10741 STAPLES ADVANTAGE 7328481018-1- CITY HALL SUPPLIES 04/22/2021 31.07- 31.07- 04/28/2021 10741 STAPLES ADVANTAGE 7329115859-0- MAYOR/COUNCIL SUPPLIES 04/20/2021 15.26 15.26 04/28/2021 10741 STAPLES ADVANTAGE 7329115859-0- PLANNING SUPPLIES 04/20/2021 15.26 15.26 04/28/2021 10741 STAPLES ADVANTAGE 7329115859-0- ENGINERING SUPPLIES 04/20/2021 15.26 15.26 04/28/2021 10741 STAPLES ADVANTAGE 7329115859-0- BUILDING SUPPLIES 04/20/2021 30.53 30.53 04/28/2021 10741 STAPLES ADVANTAGE 7329115859-0- EDA SUPPLIES 04/20/2021 30.53 30.53 04/28/2021 10741 STAPLES ADVANTAGE 7329115859-0- CITY HALL SUPPLIES 04/20/2021 198.52 198.52 04/28/2021 10741 STAPLES ADVANTAGE 7329140871-0- FARMERS MARKET 04/21/2021 16.38 16.38 04/28/2021 10741 STAPLES ADVANTAGE 7329218102-0- BUILDING SUPPLIES 04/21/2021 233.84 233.84 04/28/2021 10741 STAPLES ADVANTAGE 7329218102-0- BUILDING SUPPLIES 04/21/2021 10.24 10.24 04/28/2021 10741 STAPLES ADVANTAGE 7329257059-0- CITY HALL SUPPLIES 04/22/2021 94.99 94.99 04/28/2021 CITY OF BIG LAKE Payment Approval Report Page: 11 Report dates: 4/22/2021-5/5/2021 May 05, 2021 05:36PM
Vendor Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid Voided Invoice Amount
Total STAPLES ADVANTAGE: 1,024.81 1,024.81
TGK AUTOMOTIVE OF BIG LAKE 11080 TGK AUTOMOTIVE OF BIG LAK 2021-03-01 POLICE VEHICLE MAINT 04/26/2021 26.74 26.74 04/27/2021
Total TGK AUTOMOTIVE OF BIG LAKE : 26.74 26.74
TIME WARNER 11028 TIME WARNER 099..89010401 POLICE TELEPHONE 04/25/2021 18.28 18.28 04/27/2021 11028 TIME WARNER 099..89010401 POLICE TELEPHONE 04/25/2021 16.27- 16.27- 04/27/2021
Total TIME WARNER : 2.01 2.01
T-MOBILE 11065 T-MOBILE 04272021 POLICE TELEPHONES 04/27/2021 1,734.96 1,734.96 04/27/2021
Total T-MOBILE : 1,734.96 1,734.96
TOWMASTER 10766 TOWMASTER 438118 2021 RAM BED PUBLIC WORKS 04/26/2021 22,192.00 22,192.00 04/27/2021
Total TOWMASTER : 22,192.00 22,192.00
UNIQUE PAVING MATERIALS 10442 UNIQUE PAVING MATERIALS 591148 STREET COLD MIX 03/26/2021 319.95 319.95 04/28/2021 10442 UNIQUE PAVING MATERIALS 59258 STREET COLD MIX 04/01/2021 351.00 351.00 04/28/2021
Total UNIQUE PAVING MATERIALS : 670.95 670.95
US BANK 10527 US BANK 03312021 ELECTRONIC DEPOSIT BANK F 03/31/2021 188.79 188.79 04/30/2021
Total US BANK: 188.79 188.79
USA BLUE BOOK 10358 USA BLUE BOOK 565079 WATER 04/26/2021 69.45 69.45 04/27/2021 10358 USA BLUE BOOK 565079 SEWER 04/26/2021 114.95 114.95 04/27/2021 10358 USA BLUE BOOK 565079 WATER 04/26/2021 108.37 108.37 04/27/2021
Total USA BLUE BOOK : 292.77 292.77
VEIT 5236 VEIT VM000060137 SLUDGE HAULING DRIVER 04/18/2021 800.00 800.00 04/28/2021
Total VEIT : 800.00 800.00
VIKING COCA-COLA 2350 VIKING COCA-COLA 2686217 MIX 04/26/2021 303.75 303.75 04/27/2021 2350 VIKING COCA-COLA 2686218 BEER 04/26/2021 224.00 224.00 04/27/2021 2350 VIKING COCA-COLA 2686319 CHECK VALVE CORE PART 04/22/2021 72.10 72.10 04/28/2021 2350 VIKING COCA-COLA 2686319 MIX 04/22/2021 282.80 282.80 04/28/2021 2350 VIKING COCA-COLA 2688320 BEER 04/22/2021 224.00 224.00 04/28/2021
Total VIKING COCA-COLA : 1,106.65 1,106.65 CITY OF BIG LAKE Payment Approval Report Page: 12 Report dates: 4/22/2021-5/5/2021 May 05, 2021 05:36PM
Vendor Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid Voided Invoice Amount
VINOCOPIA 10568 VINOCOPIA 0277222-IN WINE 04/26/2021 608.00 608.00 04/27/2021 10568 VINOCOPIA 0277222-IN LIQUOR 04/26/2021 112.50 112.50 04/27/2021 10568 VINOCOPIA 0277222-IN FRT 04/26/2021 18.00 18.00 04/27/2021 10568 VINOCOPIA 0277223-in WINE 04/26/2021 576.00 576.00 04/27/2021 10568 VINOCOPIA 0277223-in FRT 04/26/2021 12.00 12.00 04/27/2021
Total VINOCOPIA : 1,326.50 1,326.50
VONAGE BUSINESS (E-CHECK) 10900 VONAGE BUSINESS (E-CHECK) INV06663958 TELEPHONE BILL FOR 4/16/202 04/16/2021 459.80 459.80 04/22/2021 10900 VONAGE BUSINESS (E-CHECK) INV06663958 TELEPHONE BILL FOR 4/16/202 04/16/2021 26.46 26.46 04/22/2021 10900 VONAGE BUSINESS (E-CHECK) INV06663958 TELEPHONE BILL FOR 4/16/202 04/16/2021 26.46 26.46 04/22/2021 10900 VONAGE BUSINESS (E-CHECK) INV06663958 TELEPHONE BILL FOR 4/16/202 04/16/2021 52.92 52.92 04/22/2021 10900 VONAGE BUSINESS (E-CHECK) INV06663958 TELEPHONE BILL FOR 4/16/202 04/16/2021 26.46 26.46 04/22/2021 10900 VONAGE BUSINESS (E-CHECK) INV06663958 TELEPHONE BILL FOR 4/16/202 04/16/2021 132.30 132.30 04/22/2021 10900 VONAGE BUSINESS (E-CHECK) INV06663958 TELEPHONE BILL FOR 4/16/202 04/16/2021 26.46 26.46 04/22/2021
Total VONAGE BUSINESS (E-CHECK): 750.86 750.86
VONCO 10454 VONCO V2 0000061173 SLUDGE HAULING DUMPING 04/26/2021 1,299.15 1,299.15 04/27/2021 10454 VONCO V20000061284 SLUDGE HAULING DUMPING 04/18/2021 2,153.71 2,153.71 04/28/2021
Total VONCO : 3,452.86 3,452.86
WATER LABORATORIES INC 10420 WATER LABORATORIES INC 8435 WATER TESTING 04/26/2021 204.00 204.00 04/27/2021
Total WATER LABORATORIES INC : 204.00 204.00
WOLBECK, GINA 10376 WOLBECK, GINA 04272021 ELECTION MILEAGE 04/27/2021 112.56 112.56 04/28/2021 10376 WOLBECK, GINA 04272021 JAN THRU APRIL MILEAGE 04/27/2021 25.76 25.76 04/28/2021
Total WOLBECK, GINA : 138.32 138.32
WORLDPAY-NCR 10956 WORLDPAY-NCR 04152021 LIQUOR STORE CC PROCESSI 03/31/2021 482.24 482.24 04/29/2021
Total WORLDPAY-NCR: 482.24 482.24
Grand Totals: 328,824.39 328,824.39 AGENDA ITEM Big Lake City Council
Prepared By: Meeting Date: Item No. ☐ Regular Agenda Item Gina Wolbeck, City Clerk 5/12/2021 ☒ Consent Agenda Item 6B Item Description: Reviewed By: Clay Wilfahrt, City Administrator April 28, 2021 City Council Workshop Minutes Reviewed By: N/A
ACTION REQUESTED By approving this item on the Consent Agenda, Council would be approving the April 28, 2021 City Council Workshop Minutes as presented.
BACKGROUND/DISCUSSION The April 28, 2021 City Council Workshop Minutes are attached for Council’s review
FINANCIAL IMPACT N/A
STAFF RECOMMENDATION N/A
ATTACHMENTS Workshop Minutes
Big Lake City Council Workshop Minutes Date: April 28, 2021 Page 1 of 4
BIG LAKE CITY COUNCIL WORKSHOP MINUTES APRIL 28, 2021
1. CALL TO ORDER
Mayor Knier called the meeting to order at 5:00 p.m.
2. ROLL CALL
Newly elected Council Member Kim Noding took her Oath of Office prior to the start of the Workshop.
Council Members present: Ken Halverson, Sam Hanson, Paul Knier, Kim Noding, and Paul Seefeld. Also present: City Administrator Clay Wilfahrt, City Clerk Gina Wolbeck, Finance Director Deb Wegeleben, Community Development Director Hanna Klimmek, City Planner Lucinda Meyers, City Engineer Layne Otteson, Acting Police Chief Matt Hayen, Liquor Store Manager Greg Zurbey, Streets/Parks/Fleet Superintendent Norm Michels, and Big Lake Student Liaison Ella Dotzler.
3. PROPOSED AGENDA
Council Member Hanson motioned to adopt the proposed Agenda as presented. Seconded by Council Member Seefeld, unanimous ayes, Agenda adopted.
4. BUSINESS
4A. Code Enforcement Case Review – Non-compliant Residential Fence Located at 18846 Newcastle Bay
Lucinda Meyers reviewed the status of a non-compliant residential fence at 18846 Newcastle Bay that was illegally constructed in violation of City Code. At the time of permit application review, the property owner was informed that construction of a fence in the buffer yard portion of their rear yard is prohibited. After multiple conversations with the property owner, the owner rescinded their zoning permit application on September 29, 2020 stating they were not going to pursue with their fence project and discuss it at a later time with the City Council. Meyers explained that while performing zoning inspections in the area on October 4, 2020, staff observed the non-compliant fence had been constructed, and sent a code violation notice to the property owner on April 8, 2021. Meyers asked for Council direction on how they would like Staff to proceed with the code enforcement case.
Council Member Noding discussed that she drove around this area and noticed that a number of fences have been constructed within the same dimensions as the subject property. Noding asked if permits or variances were issued on other non-compliant fences. Meyers explained that there have been fences constructed in areas subject to the same ordinance regulations that are also in violation of the City Code, noting that this isn’t the only property in violation of the code. Big Lake City Council Workshop Minutes Date: April 28, 2021 Page 2 of 4
Staff researched properties north of Edinburgh Way which is just south of the New Castle Bay area, noting that there are possibly six properties that might be non-compliant and a greater majority of these fences were constructed without a permit.
Council Member Halverson stated that he has an issue with the ordinance requirement of 20 feet as the backside of their parcel is already 30 to 40 feet off County Road 5, and stressed that he doesn’t understand the reasoning behind the buffer zone. If we want to restrict building on this 20 foot area, we should have purchased this area. When we plat developments, we shouldn’t allow the buffer zone to be platted. Halverson also discussed that we have properties that did pull a fence permit and were allowed to build the fence without meeting code so the City would need to pay to have these fences moved if we approved a permit. Halverson also stressed that he has a hard time restricting construction 60 feet off of County Road 5, and reviewed his experience with vehicle accidents when a car leaves the road and ends up that far into a buffer zone. Halverson stated that he doesn’t like the buffer zone concept, and noted that this property is the last fence to be put up and the rest of the neighborhood placed them in the same location. He feels this resident is being penalized for trying to pull a permit. Halverson prefers to let the fence stand and change the buffer zone requirement. Halverson also stated that the resident is aware that they could possibly have to pay a double building permit fee for violating the City Code by constructing the fence without a permit.
Mayor Knier asked what the purpose of a buffer zone is. Meyers reviewed the wording in the City Code specific to buffer zones under Landscape, Screening, and Tree Preservation. Buffer yards apply to all residential lots that abut major collector roads, minor arterial roads, railroad right-of- way, and all property that have overhead power lines, and noted that we have an abundant number of parcels in the City that are subject to this code. Buffer yard requirements regulate the landscaping for this 20 foot space only on residential property. Meyers indicated that judging on the extensive buffer yard landscape design standards, as well as the restrictions on any accessory structure requirement for berming, it really seems that the intention of the code is to provide screening and buffering from the adjacent uses.
Council Member Seefeld asked if the screening and buffering would be to the asset of the property owner, noting that if the property owner doesn’t want the screening, we shouldn’t be requiring it. Seefeld reviewed previous Council discussion regarding sheds that were located in the buffer zone and believes the Council voted to grandfather in any existing sheds in the area. Seefeld stated that he is in agreement with Council Member Halverson in that while there could be valuable points to a buffer zone, in this particular case as well as all the cases along County Road 5, we should allow the fence to stay.
Council Member Hanson stated that this code requirement should be reviewed by the Code Revision Taskforce and noted that if a property owner paid for their parcel, they should be able to use it. Hanson also stated that he does have an issue that the application was denied, but the homeowner still went ahead with building the fence illegally. Hanson stated his concern that we could set a precedence that if you don’t like what we have to say, you can just do it anyhow. Halverson stated that the homeowner will have to pay a double building permit fee. Hanson discussed that this could create a problem with people seeing the City Council not acting on a clear violation. Halverson agreed that it could be a slippery slope, but we shouldn’t go backwards, and we should ask the Code Revision Taskforce to work on this section of the City Big Lake City Council Workshop Minutes Date: April 28, 2021 Page 3 of 4
Code. Halverson stated that we should allow the property owner to keep the fence as placed, require them to pay the double building permit fee, and bring to the Code Revision Taskforce for review. Council Member Noding discussed that there is still a substantial amount of land between their fence and County Road 5, and suggested that we offer them a Variance, charge them the double penalty, and ask the Code Revision Taskforce to review this section of the code. Council Member Hanson stressed that we as a Council need to stand strong together to support the City Code after the Code Revision taskforce is done with their review and Council has adopted their changes, and to hold violators accountable. Halverson stated that he agrees with that as long as the code makes sense.
Council Member Seefeld asked for clarification on if code enforcement is still only complaint based or are we investigating complaints now. Meyers discussed that the City’s policy for code enforcement is and has been for some time complaint based. This case was brought about because it was on Staff’s radar as there had been a lot of discussion between Staff and the applicant during the permitting process and ultimately, the applicant rescinded their application. While out doing other inspections, Staff noticed that construction had illegally occurred, and Staff was directed to proceed with issuing a citation. Clay Wilfahrt clarified that code enforcement is not always complaint based as there are certain instances that Staff notices an egregious violation, but noted that Staff is not driving around seeking out code violations. Sometimes violations are incidentally found.
Mayor Knier asked for Staff feedback on Council Member Hanson’s concern with a waiver on this code violation possibly setting precedence on future violations. Meyers agreed that Council Member Hanson could have a valid point in that a waiver could potentially set a precedence in the future. Wilfahrt indicated that the distinction he sees is that in some cases, if someone comes in to complain and we just give in because they complained, that could be a problem. There needs to be a valid complaint to move forward with waiving a citation, we don’t want to just change our code because someone complained, but if it makes sense and a change can be justified, that is when Staff brings the topic forward. Council Member Halverson discussed that he made the applicant aware that they didn’t handle this the right way by just building the fence as they did. They should have come to the City Council first to ask for a code change instead of just building their fence illegally.
Council Member Seefeld asked how we can we assist residents when they don’t agree with Staff’s determination. Meyers discussed the Variance application process, and the process to request an Ordinance Amendment. Meyers reviewed that Variances require a public hearing process and can only be approved if specific findings are met which is set by MN State Statute.
Mayor Knier asked the Council if all are in agreement to discontinue the code enforcement case and evaluate buffer zone requirements during the Code Revision Taskforce meetings. Knier also asked how applications will be handled until a time the code can be reviewed and potentially revised. Council Member Halverson discussed that homeowners should come to the Council with legitimate issues. Seefeld stated that the Council is here to serve the citizens of Big Lake, and Knier stressed that we are keeping government off people’s backs. Wilfahrt clarified that it won’t be a free-for-all for permit approvals as this code could get changed in any number of ways. In this instance, because it is so close to the trail, snow removal could impact the fence so the City may require them to agree to hold the City harmless if the fence is damaged by the City. Big Lake City Council Workshop Minutes Date: April 28, 2021 Page 4 of 4
Until we understand specific needs of buffer zone requirements especially in power line areas where we might not be able to supersede this requirement, we won’t be enforcing buffer zone setbacks, but there is an element of risk for a property owner to build a fence in a buffer zone until the rules are solidified.
The general consensus of the Council was to discontinue the code enforcement case for the property located at 18846 Newcastle Bay and re-visit the buffer zone ordinance provision in the next 18 months after review at the Code Revision Taskforce.
4B. New Ideas Discussion
Mayor Knier discussed upcoming City street improvement projects, and opened up for discussion our long-term goal of paying down debt. Knier asked if it would be worthwhile to move up the next 4-years of projected street projects if we can take advantage of the current low interest rates. It was discussed that if we have to do the projects scheduled in 2023 and 2025, and we’re probably not going to have the cash to fund them, does it make sense to scoot those projects up to 2022 and 2023 and then not do another project again until 2027. Deb Wegeleben indicated that the City can Bond for the street project costs, and would have to use the funds within 24 months of issuance as long as we have identified those street improvements in our street plan. Knier stated that we could save taxpayers possibly half a million dollars in interest costs depending on interest rates at the time we sell Bonds. Council Member Seefeld asked if this is feasible with capacity in the Engineering Department. Layne Otteson stated that it can be done with help which would come at a cost. Wegeleben indicated that we will have consultant costs regardless if we do it now, or in the future. Council Member Halverson stressed that he doesn’t want to do streets just to get them done. Council Member Noding asked if there is already an outline completed that identifies street needs, and Otteson responded that the City does have a street needs plan and offered to put together information on the next six years of street project needs. Council Members Hanson stated that is a worthwhile discussion, but noted that staggering projects could even out costs in the future.
5. OTHER – No other.
6. ADJOURN
Council Member Seefeld motioned to adjourn at 5:34 p.m. Seconded by Council Member Hanson unanimous ayes, motion carried.
City Clerk Date Approved By Council AGENDA ITEM Big Lake City Council
Prepared By: Meeting Date: Item No. ☐ Regular Agenda Item Gina Wolbeck, City Clerk 5/12/2021 ☒ Consent Agenda Item 6C Item Description: Reviewed By: Clay Wilfahrt, City Administrator April 28, 2021 City Council Regular Meeting Minutes Reviewed By: N/A
ACTION REQUESTED By approving this item on the Consent Agenda, Council would be approving the April 28, 2021 City Council Regular Meeting Minutes as presented.
BACKGROUND/DISCUSSION The April 28, 2021 City Council Regular Meeting Minutes are attached for Council’s review
FINANCIAL IMPACT N/A
STAFF RECOMMENDATION N/A
ATTACHMENTS Regular Meeting Minutes
Big Lake City Council Meeting Minutes Date: April 28, 2021 Page 1 of 7
BIG LAKE CITY COUNCIL REGULAR MEETING MINUTES APRIL 28, 2021
1. CALL TO ORDER
Mayor Paul Knier called the meeting to order at 6:00 p.m.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
3. ROLL CALL
Newly elected Council Member Kim Noding took her Oath of Office prior to the April 28, 2021 Council Workshop.
Council Members present: Ken Halverson, Sam Hanson, Paul Knier, Kim Noding, and Paul Seefeld. Also present: City Administrator Clay Wilfahrt, City Clerk Gina Wolbeck, Finance Director Deb Wegeleben, Community Development Director Hanna Klimmek, City Planner Lucinda Meyers, City Engineer Layne Otteson, Acting Police Chief Matt Hayen, Liquor Store Manager Greg Zurbey, Streets/Parks/Fleet Superintendent Norm Michels, and Big Lake Student Liaison Ella Dotzler.
4. OPEN FORUM
Mayor Knier opened the Open Forum at 6:01 p.m.
Big Lake Girl Scout Troop 333 expressed their appreciation to the City of Big Lake for support of their organization. Council Member Hanson also thanked them for their donation to the Big Lake Fire Department.
Cody Munger, 35 Lake Street South, Apt #5 – discussed the poor conditions at the apartment he rents at.
Mayor Knier closed the Open Forum at 6:03 p.m.
5. PROPOSED AGENDA
Council Member Halverson motioned to adopt the proposed Agenda as presented. Seconded by Council Member Noding, unanimous ayes, Agenda adopted. Big Lake City Council Meeting Minutes Date: April 28, 2021 Page 2 of 7
6. CONSENT AGENDA
Council Member Seefeld motioned to approve the Consent Agenda as presented. Seconded by Council Member Halverson, unanimous ayes, Consent Agenda approved. The Consent Agenda consisted of: 6A. Approve List of Claims, 6B. Approve Council Workshop Minutes of April 14, 2021, 6C. Approve Council Meeting Minutes of April 14, 2021, 6D. Approve Special Council Meeting Minutes of April 16, 2021, 6E. Approve Appointment of Bruce Frandle to the Water/Wastewater Foreman Position, 6F. Approve Appointment of Randy Bader to the Streets/Parks/Fleet Foreman Position, 6G. Approve Ordinance No. 2021-05 amending Section 1006 amending Certificate of Survey Requirements and approve Summary Publication Resolution No. 2021-28, 6H. Accept Resignation of Planning Commissioner Dustin Vickerman and Authorize Advertisement to fill the position, 6I. Approve Planning Technician Job Description and Authorize Employment Advertisement, 6J. Approve Resolution No. 2021-29 approving a MnDNR Delegation Agreement for Watercraft Inspections at Lakeside Park, 6K. Approve Resolution No. 2021-30 approving the Norland Park Seventh Addition Final Plat Application, 6L. Accept Resignation from Water/Wastewater Operator Dave Sperling, 6M. Accept Resignation from Water/Wastewater Operator Dean Nelson, 6N. Accept Resignation from Police Chief Joel Scharf, and 6O. Approve Resolution No. 2021-31 approving the Conditional Use Permit Application for 1061 Hennepin Avenue.
7. BUSINESS
7A. PRESENTATION – 2020 Audit Report (BerganKDV)
Caroline Stutsman from BerganKDV presented the 2020 management letter and the audited financial statements.
Council Member Halverson inquired why we were $102,000 over budget in public safety. Wegeleben indicated that the budget overage was due to CARES funds that covered unbudgeted COVID pandemic expenses that were needed in 2020.
Mayor Knier discussed that we are supposed to have 50% of next years’ budget in our unassigned fund balance, noting that we are currently at 69%. Wegeleben reviewed that we were at the 69% level at year end, and that currently we are sitting at 55%. Knier reviewed that when we get our property taxes in July, that percentage bumps up again so we generally float between the low 50% to upper 60% mark. Wegeleben concurred with Knier’s unassigned fund balance calculation. Mayor Knier thanked Staff for keeping the City in better financial standing.
Council Member Noding motioned to accept the 2020 Audit report as presented. Seconded by Council Member Hanson, unanimous ayes, motion carried.
Big Lake City Council Meeting Minutes Date: April 28, 2021 Page 3 of 7
7B. Receive Bids and Award Contract for the 2021 Street and Utility Improvement Project No. ST2021-1
Layne Otteson reviewed the bid opening that was held on April 26, 2021 for the 2021 Street and Utility Improvement Project No. ST2021-1. Plans and specifications were sent out to contractors and material suppliers, and three bids were received. The low bid was received from Asphalt Surface Technologies of St. Cloud, MN in the amount of $2,588,617.79. Otteson noted that the Engineer’s Estimate was $3,091,964 and changes to the project since the public hearing included removing Highland Avenue , increasing the width of Powell Street, increasing the width of Will Street, and removing sidewalk on Sherburne Avenue and Will Street. Otteson also reviewed the timeline of the project noting that the contractor is prepared to begin construction in May and expects a completion date in early November 2021. Otteson reviewed the City’s notification efforts for affected property owners in order to minimize disruption to residents. Otteson also noted that funding for the project will be a Municipal Bond. Municipal Bonds are reimbursed over time using Assessments, the General Fund, Enterprise Funds and State Aid Funds.
Council Member Seefeld asked if the City is responsible for a retaining wall if one is needed. Otteson clarified that we are responsible for funding a retaining wall in our street project areas.
Council Member Halverson noted that some of the roads are cheaper compared to the 2020 estimates, and asked if it is because of reduced road width. Otteson discussed that all the streets were a little different especially with storm sewer pipe pricing.
Mayor Knier asked when work will start. Otteson noted that construction should start near Memorial Day.
Council Member Hanson motioned to approve Resolution No. 2021-32 receiving bids and awarding the Contract for the 2021 Street and Utility Improvement Project No. ST2021-1 to Asphalt Surface Technologies of St. Cloud, MN in the amount of $2,588,617.79. Seconded by Council Member Seefeld, unanimous ayes, motion carried.
7C. Ordinance Amending Section 1036 – Solar Energy Systems
Lucinda Meyers reviewed the planners report for proposed ordinance amendments to Section 1036 in response to existing ordinance provisions precluding residential property owners from installing roof mounted solar energy systems. The Planning Commission held a public hearing on the proposed ordinance on April 7, 2021 and no one from the public spoke or submitted comments during the hearing. The Planning Commission unanimously voted to recommend approval of the proposed amendments as presented.
Big Lake City Council Meeting Minutes Date: April 28, 2021 Page 4 of 7
Council Member Noding motioned to approve Ordinance No. 2021-06 amending Section 1036 (Solar Energy Systems) of the Big Lake Municipal Code, and approving Resolution No. 2021-33 authorizing summary publication of the adopted Ordinance. Seconded by Council Member Halverson, unanimous ayes, motion carried.
Council member Seefeld discussed that he likes that we are consolidating our code, making it easier for residents, and getting the government off the backs of citizens.
7D. Amendment to Council Committee Appointments
Clay Wilfahrt presented Mayor Knier’s recommendations for amendments to the City Council Committee Appointments. With the recent election of Kim Noding, the appointments will now be distributed between five elected officials.
Council Member Hanson motioned to approve Resolution No. 2021-34 amending the 2021 Official City Council Appointments as recommended by Mayor Paul Knier. Seconded by Council Member Seefeld, unanimous ayes, motion carried.
7E. Monthly Department Reports
Deb Wegeleben provided a year-to-date financial update, reviewed the City’s debt obligation and payments, and discussed that Staff has started the beginning phases of the 2022 budget process.
Council Member Halverson discussed the increase in liquor store sales and asked where those excess funds get designated to. Wegeleben explained that excess funds will stay in the Liquor Enterprise Fund until a time that the City Council approves a transfer to another fund. Greg Zurbey discussed funds needed for Liquor Store operations. Council Member Noding asked what level we should try to stay at. Zurbey reviewed how COVID increased sales and how those funds are showing in the Liquor Fund. Zurbey discussed that we like to see at least 25% of the total years’ budget left in the Liquor Fund for incidental expenses. Council Member Noding discussed that based on what is in the fund now, and asked what the bottom level should be and above and beyond that. Zurbey reviewed that we generally try to keep at least 25% of the total budget but expressed that 2020 was an unexpected year sales wise, noting that we could not have anticipated that COVID would affect sales like it did. The extra income gets transferred to the Liquor Fund and Council can approve a transfer for a special project for any amount over our operating costs. Wegeleben expressed that it is wise to always have appropriate funding available for operations of the store. Mayor Knier asked what the past transfers have been. Wegeleben indicated that $450,000 was the budgeted transfer in 2020, and in 2019 the budgeted transfer amount was $600,000 which helped fund identified City projects. Wegeleben clarified that Council at any time can designate a special project and transfer dollars from Big Lake City Council Meeting Minutes Date: April 28, 2021 Page 5 of 7 the Liquor Fund to fund special projects. Knier asked why more wasn’t transferred last year due to the unexpected increased sales. Wegeleben explained that we budget prior to the current year, which was before we knew what the actual sales were going to be. Knier asked when there would be a higher amount budgeted to transfer due to the banner year in 2020. Wegeleben reviewed that in 2019 we budgeted a transfer of $600,000 as we knew there would be improvements needed on the McDowall Trail. During the 2019 budget process, the City Council approved the additional transfer amount. $450,000 is the standard transfer amount each year to go into the General Fund to offset the Levy and help pay for general service costs, but Council can at any time before the budget is set make the decision to increase the following year’s transfer amount to complete a specific project. Zurbey reviewed that every year we have been transferring more and more funds to the City as operations become more successful. Knier asked if we are going to see extra funds this year due to increased funds from last year, and Wegeleben recapped that Council directs what the upcoming budgeted transfer will be, and Zurbey noted that the Liquor Fund is kind of a savings account which the Council can tap into at any time. Council Member Halverson asked if we can designate these funds for a project such as upgrades to Powell Street Park instead of draining the Parks Fund. Halverson also expressed that using these funds would give the Municipal Liquor Store added recognition, and will improve our park system for our residents. Zurbey discussed that some City’s designate an annual amount to go towards a specific fund or operational cost. Wegeleben also notified Council that the new credit card provider won’t start until June. Mayor Knier thanked the people of Big Lake as this is their money. They have done a great job of paying their taxes and fees, and we are getting on better and better financial footing.
Greg Zurbey provided an update on the Municipal Liquor Store operations for March 2021, and provided a yearly comparison for the month of March 2021 compared to March 2020 and 2019. Zurbey also discussed renovations at the store, support of community organizations, and noted that the Spring Wine Sale was held at the end of March. Zurbey also thanked Assistant Liquor Store Manager Lisa Miller and the Liquor Store Staff for their work in resetting the coolers. Council Member Hanson acknowledged the hard work that goes into a store reset and thanked the Liquor Store staff for their efforts.
Hanna Klimmek provided an update on activities in the Community Development Department for the month of March. Klimmek reviewed housing, commercial and redevelopment projects, and provided a year to date 2020/2021 permit activity comparison. Klimmek reviewed upcoming activities of the Planning Commission, and reviewed activities of the BLEDA including an update on the Community Brand & Identity Design Project and the Revolving Loan Fund. Klimmek also discussed recreation/communications activities including the Brom Park questionnaire, the Farmer’s Market Program, Music in the Park events, the May 15th Recycle Day event, and the upcoming May 21st Movie in the Park which will be held drive-in style. Klimmek also discussed that the nomination deadline for the Outstanding Citizen of the Year award ends on May 1st. Klimmek also provided an Big Lake City Council Meeting Minutes Date: April 28, 2021 Page 6 of 7
update on the hazardous property located at 4303 Ridge Circle. The Public Works Department has started clean-up of the property and costs for the clean-up will be assessed to the property owner.
Council Member Halverson asked for an update on the status of the proposed JMS Builders development project. Klimmek reviewed that Staff continues to work with the developer but they have not submitted a formal application yet. Mayor Knier asked for a 2021 new construction comparison to year 2019, and Klimmek indicated that this year we are still higher than new housing permits issued during this time period in 2019.
Norm Michels provided an update on the Streets/Parks/Fleet Department. Public Works Staff have been working on yearly road maintenance, crack filling, filling of potholes, street sweeping, and discussed the recent installation of wayfinding signage at McDowall Trail and drowning awareness signage at the beach which was installed through a Girl Scout project. Michels also noted that the community garden plots are ready for planting, reviewed that the new Fleet Mechanic started on April 12th, discussed that Public Works Staff recently refurbished 10 picnic tables, and noted that Staff has been fertilizing all City parks. Michels also informed Council that they have held off a week on potholing as the companies are transitioning into a hot mix which is a better material for filling potholes.
8. ADMINISTRATOR’S REPORT
Provided an update on the blighted property at 4303 Ridge Circle and thanked Public Works for coordinating the clean-up of the property, and noted that the property owner worked cooperatively with Staff. Wilfahrt discussed that Chief Scharf’s resignation has been accepted and we will meet with the Personnel Committee to figure out the best process for filling that seat. Wilfahrt also reviewed the Bond rating call last week, and noted that they gave us a strong hint that we will maintain our rating. Wilfahrt provided a CMRP update and reviewed the development of the group’s mission and goals. Wilfahrt also thanked City Clerk Gina Wolbeck for work completed on six elections in the past 18 months including the recent Special City Election, and welcomed new Council Member Noding.
9. MAYOR & COUNCIL REPORTS and QUESTIONS/COMMENTS
Council Member Halverson: Reviewed the April Parks Advisory Committee Meeting. Halverson asked Norm to provide a future presentation on if it would be feasible to bring road patching in-house. Halverson also discussed the need for the Personnel Committee to review certain wages of City Staff, specifically at the Liquor Store.
Big Lake City Council Meeting Minutes Date: April 28, 2021 Page 7 of 7
Council Member Hanson: Discussed the April Big Lake Beyond the Yellow Ribbon Meeting and announced that the Big Lake Chamber of Commerce Vendor Fair is May 8th and the BLBYR organization will be in attendance.
Council Member Seefeld: Provided an update on the April 21st Planning Commission Meeting.
10. OTHER
Mayor Knier reminded the public of the upcoming May 8th Coffee with the Mayor event scheduled to be held at Coborn’s Deli from 9:00 a.m. to 10:00 a.m., and also encouraged citizens to come out to the Big Lake Chamber of Commerce Community Vendor Fair that starts at 10:00 a.m. on May 8th.
11. ADJOURN
Council Member Seefeld motioned to adjourn at 7:25 p.m. Seconded by Council Member Halverson, unanimous ayes, motion carried.
Clerk
Date Approved By Council
AGENDA ITEM Big Lake City Council
Prepared By: Meeting Date: Item No. ☐ Regular Agenda Item Corrie Scott, Recreation and 5/12/2021 ☒ Communications Coordinator Consent Agenda Item 6D Item Description: Reviewed By: Clay Wilfahrt, City Administrator Midwest Sound and Stage, Inc. Equipment Rental Agreement and Deb Wegeleben, Finance Director for 2021 Music in the Park Reviewed By: Hanna Klimmek, Community Development Director
ACTION REQUESTED By approving this item on the Consent Agenda, Council would be approving the Midwest Sound and Stage, Inc. Equipment Rental Agreement for 2021 Music in the Park.
BACKGROUND/DISCUSSION Big Lake’s Music in the Park free concert series is held on select Thursday evenings during the months of June and July and features a wide variety of live music at Lakeside Park. After eight years of coordination through the gracious Big Lake Legacy Foundation, Music in the Park is being transitioned to a City-run program. In previous years, the Legacy Foundation has partnered with Midwest Sound and Stage to provide stage equipment and sound services for the musicians performing each week. City staff would like to continue this partnership with the transition of the Music in the Park series in 2021. The cost for these services are covered by a variety of generous donations. The attached Equipment Rental Agreement has been reviewed by the City’s attorney. In order to offer the Music in the Park program, Council will need to review and approve of the attached Midwest Sound and Stage, Inc. Equipment Rental Agreement.
FINANCIAL IMPACT $5,000 from the Music in the Park budget.
STAFF RECOMMENDATION Approve Midwest Sound and Stage, Inc. Equipment Rental Agreement for 2021 Music in the Park.
ATTACHMENTS Midwest Sound and Stage, Inc. Equipment Rental Agreement
MIDWEST SOUND AND STAGE, INC. EQUIPMENT RENTAL AGREEMENT
This Equipment Rental Agreement (“Agreement”) is effective as of the date of last signature May 2021, and is made between Midwest Sound and Stage, Inc. a “S’ corporation organized under the laws of Minnesota, USA, with offices at 8959 165th Ave. (“Owner”), City of Big Lake 160 Lake Street N Big Lake, MN 55309 “Music in the Park” (“Renter”). Owner and Renter are hereinafter collectively referred to as “Parties”.
Owner rents to Renter and Renter rents from Owner, subject to the terms and conditions of this Agreement:
Stage and Production (“Equipment”).
1. Term. This Agreement shall commence on the Effective Date and remain in full force and effect until Equipment is returned to Owner. Owner shall rent the Equipment on June 3, 10, 17, July 1 & 8, 2021 , unless terminated earlier consistent with the terms herein. Owner will pick up equipment after each event.
2. Payment. Renter shall pay the following:
Invoice#1452 which states non-refundable down payment of $2,500.00 is due no later than May 24, 2021 with remaining balance of invoice paid out at each weeks stage set up in the amount of $500.00 per week for the aforementioned 5 weeks.
Renter shall also pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to: a) charges for optional services, if any; b) applicable taxes; c) loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses; d) unless due to the fault of Owner, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Owner or the Equipment during the rental Term; e) all costs incurred to collect unpaid monies due; and f) twenty-five dollars ($25.00) or the maximum amount allowed by law, whichever is greater, for making payment with insufficient funds.
3. Location of Equipment. During the Term, Equipment shall be located at agreed event location of Renter and Owner, and shall not be moved by Renter.
4. Care of Equipment. Equipment can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with Owner’s instructions or manuals.
5. Repair and Alterations. The costs of all repairs made during the Term shall be paid by Owner, including but not limited to labor, material, parts and other items. Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent.
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6. Insurance. Renter shall provide a certificate of liability insurance for the rental event providing a minimum of One Million Dollars ($1,000,000.00) and name Owner as an additional insured.
7. Restrictions on Use. Renter shall not: a) permit the Equipment to be used by any person who is not authorized to use such Equipment; b) operate or use the Equipment or permit it to be operated or used in violation of law; c) operate or use the Equipment or permit it to be operated or used to commit a violation of law; and/or d) operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment.
8. Loss or Damage. Renter shall alert Owner to any damage to the Equipment. Renter shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment.
9. Condition of Equipment. Renter acknowledges that Renter has examined the Equipment and that it is in good condition except as otherwise specified in the Checklist. OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
10. Other Conditions. Owner reserves the right to fly banners advertising the Owner’s business and ownership of the rental equipment during the Renter’s use of the equipment. Owner reserves the right to refuse rental of any equipment under any conditions deemed to be potentially hazardous to the equipment, or its operators, or any event not deemed in the best interest of the general public. Unrestricted access to the public is prohibited. It is the responsibility of the Renter to restrict access to the stage and equipment by the general public during performance/use.
11. Termination. This Agreement shall terminate on the date specified in Section 1. Owner reserves the right to terminate this Agreement earlier upon notice to Renter.
12. Indemnification and Liability. Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Ownership. Owner shall at all times retain ownership and title to the Equipment. Renter shall immediately notify Owner in the event Equipment is levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold Owner harmless against all loss and damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
3
14. Waiver. No failure of Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach.
15. Severability. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
16. Entire Agreement. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
17. Assignment. Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.
18. Headings. Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.
19. Counterparts. This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing.
MIDWEST SOUND AND STAGE, INC. CITY OF BIG LAKE
Barry J Bluhm Paul Knier Printed Name Printed Name
______Signature Signature
______Mayor Title Title
May 12, 2021 Date Date
AGENDA ITEM Big Lake City Council
Prepared By: Meeting Date: Item No. ☐ Regular Agenda Item Lucinda Meyers, City Planner 5/12/2021 ☒ Consent Agenda Item 6E Item Description: Reviewed By: Clay Wilfahrt, City Administrator Big Lake Marketplace 9th Addition - Request for Final Plat Extension Reviewed By: Hanna Klimmek, EDFP, Community Development Director
ACTION REQUESTED By approving this item on the Consent Agenda, Council is approving an amended version of the Big Lake Marketplace 9th Addition Development Agreement to allow the developer until September 15, 2021 to record the final plat.
BACKGROUND/DISCUSSION • The City approved the Big Lake Marketplace 9th Addition Final Plat on August 12, 2020. • The City requires developers enter into a development contract, pay all development fees, escrows and taxes, address all staff comments, and record the plat with the County Recorder within ninety (90) days of Council approval. • The developer, LGL Real Estate Investments, LLC, requested and received a six (6) month extension, requiring completion of the above no later than May 12, 2021. • The developer is requesting a second extension. This request is attached to this report. • Approval of the request will provide the developer an additional four (4) months to complete the above, providing them with a total of thirteen (13) months to complete the actions above.
FINANCIAL IMPACT All development fees associated with the plat will be collected prior to September 15, 2021 (if the extension is approved). All fees associated with the processing of this request are the responsibility of the developer.
STAFF RECOMMENDATION Staff does not anticipate any issues arising as a result of the proposed extension and thus recommends approval of the amended version of the Big Lake Marketplace 9th Addition Development Agreement.
ATTACHMENTS A- Request for Big Lake Marketplace 9th Addition Final Plat Extension B- Amended version of the Development Agreement for Big Lake Marketplace 9th Addition
ATTACHMENT A REQUEST FOR BIG LAKE MARKETPLACE 9TH ADDITION FINAL PLAT EXTENSION
April 27, 2021 City of Big Lake 160 Lake Street North Big Lake, MN 55309 Atten: City Council Re: LGL Real Estate Investments Final Plat application
Council Members I am writing to request an extension of time in our final plat application. Specifically, “2. CONDITIONS OF PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL” 90-day period beginning 8-12-2020. Our current scheduled completion of required documents related to the plat is May 2021. Due to Covid related delays as well as supply chain delays in the construction market, we are having trouble meeting the current deadline. We respectfully request an extension thru September 15th, 2021. Note we do not expect it will take thru Sept 15th, 2021 to complete however we do not want to encounter any further deadline concerns. On a positive note, the property is receiving very good interest. We hope to be bringing 1 to 2 development proposals soon. Thank you for your consideration and understanding. If you have any questions do not hesitate to call me. Thank you Larry Palm Larry Palm Partner 8300 10th Ave N Golden Valley MN 55427 T:763-694-8800 F:763-694-8888 www.aceelectrical.net
ATTACHMENT B AMENDED DEVELOPMENT AGREEMENT FOR BIG LAKE MARKETPLACE 9TH ADDITION
(reserved for recording information) DEVELOPMENT CONTRACT
(Developer Installed Improvements)
BIG LAKE MARKETPLACE 9TH ADDITION
THIS DEVELOPMENT CONTRACT (“Development Contract” or “Contract”) dated August 12, 2020, is by and between the CITY OF BIG LAKE, a Minnesota municipal corporation (“City”), and LGL REAL ESTATE
INVESTMENTS, LLC, a Minnesota limited liability company (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for BIG LAKE
MARKETPLACE 9TH ADDITION (referred to in this Contract as the “Plat”, “Project” or “Property”), consisting of five
(5) buildable lots and two outlots, one containing a wetland which will be used for stormwater management and
be dedicated to the City. The land is situated in the County of Sherburne, State of Minnesota, and is legally
described on the attached Exhibit A.
2. CONDITIONS OF PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The City hereby approves the Plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the Plat with the County Recorder or Registrar of Titles no later than September 15, 2021, after the City Council approves the Plat. The requirements of the City’s Zoning Ordinance and Subdivision Ordinance as may be amended from time to time shall apply to the Plat. 3. RIGHT TO PROCEED. Within the Plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Development Contract has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the Plat has been recorded with the Sherburne County Recorder's Office, and 4) the City’s
Administrator has issued a letter that all conditions have been satisfied and that the Developer shall proceed. 4. PHASED DEVELOPMENT. If the Plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. The Plat has been approved as a phased development by the City.
5. PRELIMINARY PLAT STATUS. If the Plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within ten (10) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For ten (10) years from the date of this Agreement, no amendments to the City’s Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout, or dedications of the approved preliminary plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the
City’s Comprehensive Plan, official controls, platting, or dedication requirements enacted after the date of this
Contract with respect to that portion of the Property which did not receive final plat approval prior to any such amendments.
7. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, and C, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the Plat. The erosion control plan may also be approved by the Sherburne County Soil and Water Conservation District, if appropriate. If the plans vary from the written terms of this Contract, the written terms shall control.
The plans are:
Plan A - Final Plat Plan B - Engineering Plans (Street and Utilities) Plan C - Final Grading Plan Plan D - Final Erosion Control and SWPPP Plan Plan E - Tree Preservation Plan Plan F - Stormwater Management Plan with hydraulic calculations and drainage area maps Plan G - Utility Plan with profile drawings
8. IMPROVEMENTS. The Developer shall install and pay for the following as required to be built within the subdivision as public improvements in accordance with the approved Plans:
A. Site Grading, Ponding, and Erosion Control B. Landscaping C. Setting of Iron Monuments, including Monuments described in the Wetland Overlay District D. Surveying and Staking E. Traffic Control Signs F. Street Lights G. Underground Utilities The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utilities and street construction; and any other ordinances including Section 1026.10 of the City Code concerning erosion and drainage and Section 1026.05 prohibiting grading, construction activity, and the use of power equipment between the hours of 7:00 p.m. and 7:00 a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer which approval shall be provided on the condition that such submittals comply with the Plans and this Development Contract. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work as the City may reasonably determine. The Developer shall be responsible for retaining the services of a geotechnical engineer for construction testing. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the
Developer's contractor. The Developer or Developer’s engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and
before the security is released, the Developer shall supply the City with a complete set of reproducible "as
constructed" plans, an electronic file of the "as constructed" plans in an Auto CAD file based upon the Sherburne
County coordinate system, all prepared in accordance with City standards.
9. IRON MONUMENTS. In accordance with Minnesota Statutes 505.021, the final placement of iron
monuments for all lot corners must be completed before the applicable security is released. The Developer's
surveyor shall also submit a written notice to the City certifying that the monuments have been installed.
10. PERMITS. The Developer shall obtain, or require its contractors and subcontractors to obtain, all necessary permits, including but not limited to the following to the extent required:
• City of Big Lake for Building Permits • City of Big Lake Sign Permit • City of Big Lake Right-of-Way Permit • MDH Watermain extension permit. Developer must submit copy to City. • NPDES Construction Stormwater Permit. Developer must submit copy to City prior to construction. • MPCA Sanitary Sewer Extension permit. Developer must submit copy to City.
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be
the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with
regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and
storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and
federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install utility, concrete, and base course bituminous
installation by November 1, 2021, and all remaining required public improvements, including the final wearing
course bituminous, by June 30, 2022. The Developer may, however, request an extension of time from the City. If
an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost
increases, if any, and the extended completion date. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a
license to enter the Plat to perform all work and inspections deemed appropriate by the City in conjunction with
Plat development.
14. EROSION CONTROL. Prior to initiating site grading, the Final Grading Plan E and Final Erosion
Control and SWPPP Plan G shall be implemented by the Developer and inspected and approved by the City. All
proposed erosion control BMP’s, including those identified on the Preliminary Secondary Grading Plan (Sheet 5 of 7), shall be identified on the SWPPP. Redundant erosion control BMP’s shall be provided around the entire perimeter of all wetlands and infiltration basins. The City may impose additional erosion control requirements if
reasonably required.
All areas disturbed by the excavation and backfilling operations shall be sodded—or seeded if explicitly
permitted by City Code—within five (5) days after the completion of the work, weather permitting, or in an area
that is inactive for more than ten (10) days unless authorized and approved by the City Engineer. Except as
otherwise provided in the erosion control plan, sodding and seeding shall be in accordance with the City Code's
current specifications. All sodded and seeded areas shall be fertilized and watered. The parties recognize that time
is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and
schedule or supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion. The City shall notify the Developer in advance of any proposed action, but failure
of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days after written notice to
Developer, the City may draw down the letter of credit to pay any costs. No development, utility or street
construction will be allowed and no building permits will be issued unless the Plat is in full compliance with the
approved erosion control plan.
15. GRADING PLAN. The Plat shall be graded in accordance with the approved Final Grading Plan E.
The plan shall conform to City of Big Lake specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all ponds, swales, and ditches
for public drainage have been constructed on public easements or land owned by the City. The "as constructed"
plan shall include field verified elevations of the following: a) cross sections of ponds; b) location and elevations
along all swales, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow
areas/stockpiles, and installed "conservation area" posts; and c) lot corner elevations, and house pads. The City
will withhold issuance of building permits until the approved certified grading plan is on file with the City and all
erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that
all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G
specifications.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, subcontractors, their agents, or assigns. Prior to any construction in the Plat,
the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and
street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by
this Contract, the improvements lying within public easements shall become City property without further notice
or action. Upon completion of the public improvements, the City shall inspect the public improvements and notify
Developer if any of the improvements do not conform to the requirements of this Contract. Upon compliance with
this Contract with respect to public improvements, the City shall give formal notice of acceptance to Developer
and thereafter Developer shall have no responsibility with respect to the maintenance of the public
improvements, except during any warranty periods expressly set forth herein.
The Developer shall, at its expense, prepare any streets located in the subdivision for snowplowing and
other maintenance that the Developer wishes the City to undertake prior to formal acceptance by the City of such
streets. This preparation shall include, without limitations, ramping any manholes as necessary to avoid damage to snowplows or other vehicles used in street maintenance. Should damage occur to City snowplows or other vehicles during the course of snowplowing or other maintenance procedures prior to formal acceptance of the street by the City, the Developer shall pay all such damages and shall indemnify and hold the City harmless for all
such damage, cost, or expense incurred by the City with regard thereto.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. Developer shall,
contemporaneously with the execution of this Contract, deposit with the City: (1) an escrow of $32,500 to cover
the expenses for engineering administration and construction observation; (2) an escrow for $7,500 to cover the engineering application review process; and (3) an escrow of $5,000 for legal and planning application review process. Developer shall pay all fees relating to the Project including, but not limited to, legal, engineering,
engineering administration, construction observation, planning, recording fees, administrative expenses and other
costs related to this Development. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the Project,
coordination for final inspection and acceptance, project monitoring during the warranty period, and processing
of requests for reduction in security. Fees for this service shall be at standard hourly rates contemporaneous with
the execution of this Contract, the City agrees to provide the Developer a listing of the rates charged to the
Developer for the City’s engineering administration and construction observation outlined within this Section. The
Developer shall pay for construction observation performed by the City's consulting engineer. Construction
observation shall include part or full time inspection of proposed public utilities and will be billed at standard
hourly rates. All fees and costs incurred by the City in connection with the Project shall be charged against said
escrow account which shall remain in effect until the completion of the Project.
Any funds remaining in the escrow accounts after the completion of the Project shall be refunded to the
Developer. In the event that the escrow accounts herein are depleted, Developer agrees that upon request of the
City, Developer shall post additional sums of money to replenish the accounts to their original balance to cover
projected City costs as reasonably determined by the City. Developer agrees that the engineering administration
and construction observation escrow account shall always have a balance of no less than $5,000.00. Developer
shall be entitled, upon request, to an itemized statement of all costs and fees charged against these escrow
accounts. 19. SANITARY SEWER TRUNK CHARGE AND SEWER ACCESS CHARGE. The development is subject to
a charge for Sanitary Sewer Trunk expenses payable at the time of final plat approval. The Sanitary Sewer Trunk
expenses will be $5,330 x 17.78 acres developed for a total of $94,767.40. The development is also subject to a
Sewer Access Charge (SAC) fee in the amount of $5,325 per unit for this Plat. The Developer shall pay the SAC fee before the building permit is issued.
20. WATER TRUNK CHARGE AND WATER ACCESS CHARGE. The development is subject to a charge for Water Trunk expenses payable at the time of final plat approval. The Water Trunk expenses will be $1,650 x
17.78 acres developed for a total of $29,337.00. The development is also subject to a Water Access Charge
(WAC) fee in the amount of $3,585 per unit for this Plat. The Developer shall pay the WAC fee before the building permit is issued.
21. STORM SEWER CHARGE. The development is not subject to a charge for Storm Sewer expenses payable at the time of final plat approval.
22. PARK DEDICATION. The Developer will pay a park dedication fee of $29,153.50 at the time of final plat approval. Industrial developments are required to provide a cash-in-lieu payment equal to 4 percent of the
value of the land being subdivided. The total value of 17.78 acres being subdivided is $728,838, and 4 percent of
that amount is $29,153.50.
23. ENGINEERING COSTS. The Developer shall pay special engineering fees including:
A. The Developer shall post a $500.00 security for the final placement of interior subdivision iron
monuments at Property corners and the placement of all wetland monuments pursuant to Big Lake City
Code Section 1066. The security was calculated as follows: 5 lots at $100 per lot. The security will be held
by the City until the Developer's land surveyor certifies that all irons have been set following site grading
and utility and street construction. In addition, the certificate of survey must also include a certification
that all irons for a specific lot have either been found or set prior to the issuance of a building permit for
that lot. B. The Developer shall pay the cost for the preparation of record construction drawings and City base map
upgrading by the City Engineer as part of the Administrative/Engineering Fee at an estimated cost of $36.50
per lot, for a total of $182.50.
C. Before the City signs the final plat, the Developer shall post a street light security of $1,901.00.
24. LANDSCAPING. Intentionally omitted.
25. TREE PRESERVATION. The Developer must preserve 40 percent of the significant trees on the
Property. The Developer has identified twenty (20) significant trees on the Property and shall preserve fourteen
(14) of these significant trees in order to comply with the Big Lake City Code.
26. SPECIAL PROVISIONS. The following special provisions shall apply to Plat development:
A. Implementation of the recommendations listed in Planning Report prepared for the August 14,
2019, City Council meeting, and Resolution No. 2019-53, of August 14, 2019.
B. All easement documents and all deeds for any outlots transferred to the City shall be provided
to the City simultaneously with delivery of the final plat for City signatures. The Developer
shall dedicate to the City on the final plat drainage and utility easements located within the
property, including access, as required to serve the site.
C. The lighting plan must comply with the City of Big Lake Zoning and Subdivision Ordinances.
D. The Developer shall execute a Stormwater Maintenance Agreement for the infiltration basins
on the property. The Developer shall provide the City with infiltration test results for each of
the proposed infiltration basins. The Developer shall obtain soil borings to verify groundwater
depth and soil type within the proposed infiltration basin location and submit the data to the
City for review. The infiltration basins shall be seeded with MnDOT seed mix 35-221.
E. All construction shall be in accordance with City of Big Lake Standards.
F. The Developer is required to submit the final plat in electronic format. The electronic format
shall be Auto CAD file. The Developer shall also submit one complete set of reproducible
construction plans on paper, in .pdf formant, and AutoCAD. G. The Developer is required to establish and maintain a fifty (50) foot buffer around all wetlands.
The Developer shall be responsible for placing wetland buffer monuments with location
subject to review and approval by the City Engineer. Any planned disturbance of the wetland
buffer area during construction is subject to review and approval by the City Engineer.
H. The Project shall be exempted from the City’s Complete Streets Policy due to the excessive
and disproportionate cost of establishing a bikeway, walkway, or transit enhancement per
City Council. No new sidewalks are required as part of the development. The Developer must
maintain the existing sidewalk along 166th Street NW and must repair it if it is damaged during
construction.
I. The Developer must satisfy all of the conditions presented in MnDOT’s letter dated July 31,
2019.
J. The Developer shall comply with the conditions of the City Engineer’s Memo prepared by
Layne Otteson dated April 17, 2019, and City Engineer’s Letter prepared by Jared Voge dated
June 21, 2019.
K. The Developer shall construct all proposed roadways to the same width and section as the
existing 197th Avenue NW west of 166th Street NW.
L. Access shall be provided to all stormwater ponds and shall be contained within Outlot A.
M. All proposed buildings shall be constructed a minimum of three (3) feet above adjacent pond
or wetland High Water Elevations.
N. All storm sewer structures immediately prior to ponds shall be constructed with a sump a
minimum of three (3) feet in depth.
O. All storm sewer piping shall be concrete, PVC, A-2000, of HP Storm.
27. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this
Development Contract, payment of real estate taxes, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit, in the form attached hereto, from a bank (“security”) for $640,501.25. The amount of the security
includes all of the security requirements set forth in the preceding sections of this Contract, and was calculated as
follows:
CONSTRUCTION COSTS: Erosion Control $10,000.00 Improvements $500,000.00
CONSTRUCTION SUB-TOTAL $510,000.00 OTHER COSTS: Street Lights $1,901.00 Lot Corners/Iron Monuments $500.00
OTHER COSTS SUB-TOTAL $2401.00 TOTAL SECURITIES: $512,401.00 GRAND TOTAL SECURITIES (125%) $640,501.25 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be
subject to the approval of the City Administrator. Individual security instruments may be for shorter terms provided they are replaced at least thirty (30) days prior to their expiration. The City may draw down the security, upon ten (10) business days prior written notice to Developer, for any violation of the terms of this
Contract and Developer fails to cure such default within such ten (10) day time period. Amounts drawn shall not exceed the amounts necessary to cure the default. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security shall be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City standard specifications for utilities and street construction outline
procedures for security reductions.
28. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of final plat approval and execution of this Contract by the City:
Engineering, City Administration Escrow (Section 18) $40,000.00 Legal and Planning Expenses (Section 18) escrow $5,000.00 Sanitary Sewer Trunk Charge $94,767.40 Water Trunk Charge $29,337.00 Park Dedication $29,153.50 Map Upgrade Fee $182.50
TOTAL CASH REQUIREMENTS $198,440.40
The City is implementing a pass through billing process. The $198,440.40 escrow will be held and all bills
will be forwarded for immediate payment. If payments are not made in a timely fashion, the project will stop
until payments are made. If said fees are less than estimated, the City shall reimburse the Developer within
thirty (30) days of receipt of final invoices.
29. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant
to this Contract against poor material and faulty workmanship. The warranty period for streets is one (1) year. The warranty period for underground utilities as identified in Plan G is two years and shall commence following completion and acceptance by City Council. The one (1) year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council as documented in official City minutes. The
Developer shall post maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are furnished the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City standard specifications for utilities and street construction identify the procedures for final acceptance of streets and utilities.
30. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the
City in conjunction with the development of the Plat, including but not limited to Soil and Water Conservation
District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the Plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the Plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from Plat approval and
development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages,
or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for reasonable costs incurred in the enforcement of
this Contract, including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty
is attached, all special assessments referred to in this Contract. This is an obligation of the Developer and shall
continue in full force and effect even if the Developer sells one or more lots, the entire Plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt Plat
development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue
interest at the rate of eight percent (8%) per year.
F. In addition to the charges and special assessments referred to herein, other charges as
required by City ordinance may be imposed such as but not limited to building permit fees.
31. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be
performed by it hereunder, after a ten (10) day written notice of such default has been given to Developer by the
City, and the Developer has failed to cure such default within the ten (10) day time period, the City may, at its
option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the
City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part.
32. MISCELLANEOUS.
A. Developer shall be responsible for ensuring that all vacant lots comply with the City’s Code regarding
nuisances.
B. Third parties shall have no recourse against the City or Developer under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits,
including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason
held invalid, such decision shall not affect the validity of the remaining portion of this Contract.
E. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all
liability and costs resulting in delays in completion of public improvements and damage to public
improvements caused by the City, Developer, its contractors, subcontractors, material men, employees,
agents, or third parties. No sewer and water connection permits may be issued and no one may occupy a
building for which a building permit is issued on either a temporary or permanent basis until the streets
needed for access have been paved with at least one lift of bituminous surface and the utilities are
accepted by the City Engineer in writing.
F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this
Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by
written resolution of the City Council. The City’s failure to promptly take legal action to enforce this
Contract shall not be a waiver or release.
G. This Contract shall run with the land and may be recorded against the title to the Property. The Developer
covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the
Property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the Property; that there are no unrecorded interests in the Property
being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the
foregoing covenants.
H. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after
the City has accepted the public improvements, commercial general liability and property damage
insurance covering personal injury, including death, and claims for property damage which may arise out
of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of
them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,500,000 for
each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a
combination single limit policy of $1,500,000 or more. The City shall be named as an additional insured on
the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City
signing the Plat. The certificate shall provide that the City must be given ten (10) days’ advance written
notice of the cancellation of the insurance.
I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other
right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity,
or under any other agreement, and each and every right, power and remedy herein set forth or otherwise
so existing may be exercised from time to time as often and in such order as may be deemed expedient by
the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or
remedy.
J. The Developer may not assign this Contract without the written permission of the City Council. The
Developer’s obligation hereunder shall continue in full force and effect even if the Developer sells one
or more lots, the entire Plat, or any part of it.
K. Retaining walls that require a building permit shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota.
Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and
specifications. All retaining walls the development plans, or special conditions referred to in this Contract
required to be constructed shall be constructed before any Certificate of Occupancy is issued for a lot on
which a retaining wall is required to be built.
33. SUCCESSORS AND ASSIGNS. This Development Contract shall be binding upon and inure to the benefit of the parties and their respected successors and assigns, including without limitation, any and all future and present owners, tenants, occupants, licensee, mortgagee and any other parties with any interest in the
Property. Should the Developer convey any lot or lots in the Plat to a third party, the City and the owner of that lot or those lots may amend this Development Contract as applied to that lot or those lots without the approval or consent of Developer or the other lot owners within the Plat. Private agreements between the owners of lots within the Plat for shared service or access and related matters necessary for the efficient use of the Property shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner.
34. COUNTERPARTS. This Development Contract may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument.
35. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address:
LGL Real Estate Investments, LLC, Attention: Larry Palm, 8300 10th Avenue North, Golden Valley, MN 55427.
Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the
City by certified mail in care of the City Administrator at the following address: Big Lake City Hall, 160 Lake Street
North, Big Lake, Minnesota 55309.
[Remainder of page intentionally left blank.] [Signature pages to follow.]
CITY OF BIG LAKE
BY: ______Paul Knier, Mayor (SEAL)
BY: ______Clay Wilfahrt, City Administrator
STATE OF MINNESOTA ) ( ss. COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this ______day of ______, 20_____, by Paul Knier and by Clay Wilfahrt, the Mayor and City Administrator of the City of Big Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
______NOTARY PUBLIC
[Remainder of page intentionally left blank. Signatures on next page.]
DEVELOPER: LGL REAL ESTATE INVESTMENTS, LLC
By: ______
Its: ______
Printed Name: ______
STATE OF MINNESOTA ) ( ss. COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this ______day of ______, 20_____, by ______, its ______on behalf of LGL Real Estate Investments, LLC, a Minnesota limited liability company.
______Notary Public
DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 SNC
EXHIBIT A TO DEVELOPMENT CONTRACT: Final Plat Legal Description
Lots 1 and 2, Block 1; Lot 1, Block 2; Lots 1 and 2, Block 3; Outlot A; Outlot B; all in Big Lake Marketplace Ninth Addition.
Sherburne County, Minnesota.
Abstract Property
MORTGAGEE CONSENT TO DEVELOPMENT CONTRACT
______, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this _____ day of ______, 2021.
______
By: ______Its:
STATE OF MINNESOTA) )ss. COUNTY OF ______)
The foregoing instrument was acknowledged before me this _____ day of ______, _____, by ______the ______of ______, on its behalf.
______Notary Public
DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000
IRREVOCABLE LETTER OF CREDIT
No. ______Date: ______TO: City of Big Lake
Dear Sir or Madam:
We hereby issue, for the account of and in your favor, our Irrevocable Letter of Credit in the amount of $______, available to you by your draft drawn on sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. ______, dated ______, 2______, of (Name of Bank) ";
b) Be accompanied by an affidavit signed by the Mayor or City Administrator of the City of Big Lake certifying that is in default of the Development Contract with the City of Big Lake and that ten (10) business days prior written notice has been given by the City to the Developer with respect to the existence of such default, and such default has not been cured.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2___.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Big Lake City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Big Lake City Administrator, Big Lake City Hall, 160 Lake Street, Big Lake, MN 55309, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. . BY: ______
Its ______CERTIFICATE OF INSURANCE
LIABILITY & WORKERS' COMPENSATION
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below.
PROJECT: ______
CERTIFICATE HOLDER & ADDITIONAL INSURED: City of Big Lake ADDRESS:
ARCH/ENGR:______
INSURED:______ADDRESS:______
AGENT:______ADDRESS:______
WORKERS' COMPENSATION COVERAGE
POLICY #______EFFECTIVE DATE____/____/____ EXPIRATION DATE____/____/____
INSURANCE COMPANY:______
COVERAGE-Workers' Compensation, Statutory. Employers' Liability Limit $______Each Accident $______Disease Policy Limit $______Disease Employee Limit ($500,000 Policy limit applies to both accident and disease)
GENERAL LIABILITY
POLICY #______EFFECTIVE DATE____/____/____ EXPIRATION DATE____/____/____
INSURANCE COMPANY:______( )Claims Made ( )Occurrence ( )Owner's & Contractors Protective ( ) Other
LIMITS: General Aggregate Limit (Other Than Products-Completed Operations) $ ______Products-Completed Operations Aggregate Limit $ ______Personal & Advertising Injury Limit $ ______Each Occurrence $ ______COVERAGE PROVIDED
Operations of Contractor: Yes____ No____ Government Immunity is Waived Yes____ No____ Operations of Sub-Contractor (Contingent): Yes____ No____ Property Damage Liability Includes Does Personal Injury Include Damage Due to Blasting Yes____ No____ Claims Related to Employment: Yes____ No____ Damage Due to Collapse Yes____ No____ Completed Operations/Products: Yes____ No____ Damage To Underground Facilities Yes____ No____ Contractual Liability (Broad Form): Yes____ No____ Broad Form Property Damage Yes____ No____ EXCEPTIONS:
AUTOMOBILE LIABILITY
POLICY #______EFFECTIVE DATE: ___/___/___ EXPIRATION DATE: ___/___/___
INSURANCE COMPANY: ______( )Any Auto ( )All Owned Autos ( )Scheduled Autos ( )Hired Autos ( )Non-Owned Autos
LIMITS: Bodily Injury $______Each Person / $______Each Occurrence OR Combined Single Limit $______Property Damage $______Each Occurrence
UMBRELLA EXCESS LIABILITY
POLICY #______EFFECTIVE DATE:____/____/____ EXPIRATION DATE:____/____/____
INSURANCE COMPANY______
LIMITS: Single Limit Bodily Injury and Property Damage
$______Each Occurrence $______Aggregate
COVERAGE PROVIDED: Applies in excess of the coverages listed above for Employers' Liability, General Liability, and Automobile Liability:
Yes_____ No_____
Are any deductibles applicable to bodily injury or property damage on any of the above coverages?
Yes_____No_____ If So, List Amount $______
AGENT CARRIES ERRORS AND OMISSIONS INSURANCE: Yes_____No_____
Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days’ notice to the parties to whom this certificate is issued.
Dated at: ______On: ______By: ______
MN License #______Authorized Insurance Representative
AGENDA ITEM Big Lake City Council
Prepared By: Meeting Date: Item No. ☐ Regular Agenda Item Lucinda Meyers, City Planner 5/12/2021 ☒ Consent Agenda Item 6F Item Description: Reviewed By: Clay Wilfahrt, City Administrator Wrights Crossing Third Addition Amended Development Contract and Planned Unit Development Agreement Reviewed By: Hanna Klimmek, EDFP, Community Development Director
ACTION REQUESTED By approving this item on the Consent Agenda, Council is approving an amendment to the Wrights Crossing Third Addition Development Contract and Planned Unit Development Agreement to incorporate Resolution 2021-10 and Fee Owner Consent of Mr. and Mrs. Asangwe.
BACKGROUND/DISCUSSION • The City adopted Resolution 2021-10 on January 6th, amending the Wrights Crossing Third Addition PUD to allow greater flexibility for construction as requested by JP Brooks. • For legal purposes, the City is advised to amend the development contract and planned unit development agreement to incorporate Resolution 2021-10. • The applicant (JP Brooks) did not receive the signature of a property owner within the development at the time of their application. In order for that property (and property owner) to reap the benefits of the PUD amendment, their signature is required. • The amended development contract and planned unit development agreement incorporates both Resolution 2021-10 and the fee owner consent. This amendment is attached to this report.
FINANCIAL IMPACT N/A
STAFF RECOMMENDATION Staff recommends approval of the amended document.
ATTACHMENTS A- Amended Development Contract and Planned Unit Development Agreement for Wrights Crossing Third Addition.
ATTACHMENT A AMENDED DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT FOR WRIGHTS CROSSING THIRD ADDITION
(reserved for recording information)
AMENDED DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT
WRIGHTS CROSSING, THIRD ADDITION
THIS AGREEMENT, made this ______day of ______, 2021, between
JP BROOKS INC., a Minnesota business corporation (“Applicant”), the CITY OF BIG LAKE, a
Minnesota municipal corporation (“City”), and the following individuals who shall be referred to as
“Owners” for the purposes of this Agreement: Kenneth Asangwe and Rachele Asangwe, husband and wife.
1. PRIOR AGREEMENT. The City previously entered into a Development
Contract and Planned Unit Development Agreement dated April 29, 2004, and recorded on May
24, 2004, in the Office of the Sherburne County Recorder as Document Number 551528, with
Heritage Development of Minnesota, L.L.C., a Minnesota limited liability company, for the plat known as Wright’s Crossing, Third Addition, Sherburne County, Minnesota (“PUD
Agreement”). On July 24, 2019, the City granted approval to a Planned Unit Development by passing Resolution Number 2019-47. On the same date, the City entered into an Amended
Development Contract and Planned Unit Development with Big Lake Creek Holdings, LLC, and Rush Creek Homes, LLC.
2. SALE OF PARCELS. Heritage Development of Minnesota, L.L.C., sold the parcels legally described on the attached Exhibit A (“Subject Property”) to Big Lake Creek
Holdings, LLC, and Rush Creek Homes, LLC. Subsequently, the Applicant and the Owners became the fee owners of the parcels legally described on Exhibit A.
3. PUD AGREEMENT. The parties hereby acknowledge that all terms of the PUD
Agreement shall remain in full force and effect against the Subject Property as if stated herein, except as hereby amended.
4. AMENDMENT. Paragraph 2, Section B, of the PUD Agreement is hereby amended to read as follows:
B. The City hereby grants approval to the Planned Unit Development, subject to
compliance with the terms of this agreement and with Resolution No. 2021-10, adopted
by the Big Lake City Council on the 27th day of January, 2021.
[The remainder of this page is left intentionally blank. Signature pages to follow.]
2
CITY OF BIG LAKE
By: ______Paul Knier, Mayor
By: ______Clay Wilfahrt, City Administrator
STATE OF MINNESOTA ) ( ss. COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this _____ day of ______, 2021, by Paul Knier and by Clay Wilfahrt, respectively the Mayor and City Administrator of the City of Big Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
______Notary Public
JP BROOKS, INC
By: ______Its VP of Land Development
STATE OF MINNESOTA ) ( ss. COUNTY OF ______)
The foregoing instrument was acknowledged before me this ______day of ______, 2021, by ______, the VP of Land Development of JP Brooks, Inc., a Minnesota business corporation, on behalf of the company.
______Notary Public
3 FEE OWNER CONSENT TO AMENDED DEVELOPMENT CONTRACT AND PLANNED UNIT DEVLEOPMENT AGREEMENT FOR WRIGHTS CROSSING, THIRD ADDITION
Kenneth Asangwe and Rachele Asangwe, husband and wife, fee owners of part of the Subject Property, the development of which is governed by the foregoing Amended Development Contract and Planned Unit Development Agreement for Wrights Crossing, Third Addition, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the Subject Property owned by them.
Dated this ______day of ______, 2021
______Kenneth Asangwe
______Rachele Asangwe
STATE OF MINNESOTA ) ( ss. COUNTY OF ______)
The foregoing instrument was acknowledged before me this ______day of ______, 2021, by Ken Asangwe and Rachele Asangwe, husband and wife.
______Notary Public
DRAFTED BY: Campbell Knutson Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 SNC
4
Exhibit A
Lots 1-3, Block 3, Lots 1-6, Block 4, Lots 1-5 Block 9, Lots 1-4, Block 10, Lots 1-4, Block 11, Lots 1-9, Block 12, Wrights Crossing Third Addition, according to the recorded plat thereof, Sherburne County, Minnesota.
5 AGENDA ITEM Big Lake City Council
Prepared By: Meeting Date: Item No. ☐ Regular Agenda Item Lucinda Meyers, City Planner 5/12/2021 ☒ Consent Agenda Item 6G Item Description: Reviewed By: Clay Wilfahrt, City Administrator Ordinance Amendment changing Public Hearing Notification Procedures Reviewed By: Hanna Klimmek, EDFP, Community Development Director
ACTION REQUESTED By approving this item on the Consent Agenda, Council would be approving an ORDINANCE amending Sections 1004.03, 1007.03, 1014.03 and 1106.05 of the Big Lake City Code to expand the radius of mailed public hearing notifications for certain land use applications, and approving a summary publication RESOLUTION.
BACKGROUND/DISCUSSION The Planning Commission held a public hearing on the proposed Ordinance amendment on April 21, 2021. No public input was received. The Planning Commission voted unanimously to recommend adoption of the amendment as proposed.
Discussion of expanding the public hearing notification procedure began with the previous City Council at a workshop in November 2020. The discussion was continued by the Planning Commission in Devember and picked up by the new Council thereafter. The Council has requested that the mailed notification for public hearings be sent to all properties within a 500-foot radius of a property with an active land use application, including: • Zoning Map Amendment (rezoning) • Comprehensive Plan Land Use Plan Map Amendment (re-guiding) • Preliminary Plat (subdivision) • Conditional Use Permit (CUP) • Interim Use Permit (IUP) • Variance
Implementation of the directive requires multiple code amendments, which are attached to this report.
FINANCIAL IMPACT This initiative is being handled as part of normal staff duties.
STAFF RECOMMENDATION Staff recommends approval of the Ordinance amendment
ATTACHMENTS A- Public Hearing Notice B- Draft Ordinance Amending Sections 1004.03, 1007.03, 1014.03 and 1106.05 of the Big Lake City Code C- Resolution authorizing summary publication of adopted Ordinance
ATTACHMENT A PUBLIC HEARING NOTICE
CITY OF BIG LAKE NOTICE OF PUBLIC HEARING TO AMEND CITY CODE SECTIONS 1004.03, 1007.03, 1014.03 AND 1106.05 TO EXPAND THE PUBIC HEARING NOTIFICATION RADIUS FOR CERTAIN LAND USE APPLICATIONS
You are hereby notified that the Big Lake Planning Commission will hold a public hearing to consider a zoning ordinance amendment to City Code Sections 1004.03, 1007.03, 1014.03 and 1106.05. The public hearing will be held in the Big Lake City Hall Council Chambers located at 160 Lake Street North on Wednesday, April 21, 2021, at or about 6:00 p.m.
The intent of the amendment is to increase awareness of certain land use applications being processed by the City, specifically for property owners within 500 feet of the subject property. During the hearing, the public will be provided an opportunity to comment on the proposed amendment.
If you desire to be heard in reference to this matter, you are encouraged to attend the scheduled public hearing or submit written comments to City Hall prior to the hearing. Comments can be emailed to City Planner, Lucinda Meyers at [email protected] or mailed to City Hall at 160 Lake Street N. A copy of the draft amendment is available on the City Website and at City Hall.
Lucinda Meyers City Planner City of Big Lake
(Elk River Star News) (April 10, 2021 Edition) (Small Legal)
ATTACHMENT B DRAFT ORDINANCE AMENDING SECTIONS 1004.03, 1007.07, 1014.03 AND 1106.05
City of Big Lake Ordinance No. 2021-XX
AN ORDINANCE AMENDING CHAPTER 10 (ZONING CODE) SECTIONS 1004.03, 1007.03, 1014.03 AND CHAPTER 11 (SUBDIVISIONS) SECTION 1106.05 OF THE BIG LAKE CITY CODE
THE CITY COUNCIL OF BIG LAKE ORDAINS:
SECTION 1. Chapter 10 (Zoning Code), Section 1004.03 (Procedure), Subd 1., 3. of the Big Lake Municipal Code is hereby amended to add the provisions with underlined text and delete provisions shown with a line through the text as follows:
3. The Zoning Administrator or designee shall set the date for a public hearing and publish the date, time, meeting location, subject site location (for map amendments) and brief description of the proposal in the official newspaper at least ten (10) days prior to the public hearing. Written notices shall be mailed at least ten (10) days prior to the public hearing to all owners of land within three hundred fifty (350) five hundred (500) feet of the boundary of the property to which the amendment relates (for map and site specific amendments), if notification is required by State Statute.
SECTION 2. Chapter 10 (Zoning Code), Section 1007.03 (Procedure), Subd 1. (Process), 4. of the Big Lake Municipal Code is hereby amended to add the provisions with underlined text and delete provisions shown with a line through the text as follows:
4. The Zoning Administrator or designee shall set the date for a public hearing and publish the date, time, meeting location, subject site location and brief description of the proposal in the official newspaper at least ten (10) days prior to the public hearing. Written notices shall be mailed at least ten (10) days prior to the public hearing to all owners of land within three hundred fifty (350) five hundred (500) feet of the boundary of the property to which the conditional use permit relates.
SECTION 3. Chapter 10 (Zoning Code), Section 1014.03 (Procedure), Subd 1. (Process), 4. of the Big Lake Municipal Code is hereby amended to add the provisions with underlined text and delete provisions shown with a line through the text as follows:
4. The Zoning Administrator or designee shall set the date for a public hearing and publish the date, time, meeting location, subject site location and brief description of the proposal in the official newspaper at least ten (10) days prior to the public hearing. Written notices shall be mailed at least ten (10) days prior to the public hearing to all owners of land within three hundred fifty (350) five hundred (500) feet of the boundary of the property to which the variance application relates.
SECTION 4. Chapter 11 (Subdivisions), Section 1106.05 (Filing and Review of Application), Subd 1. (Procedure), 11. of the Big Lake Municipal Code is hereby amended to add the provisions with underlined text and delete provisions shown with a line through the text as follows:
11. The Planning Commission shall hold a public hearing on the proposed preliminary plat. Notice of the public hearing shall be published in the official newspapers designated by the City Council at least ten (10) days prior to the hearing. The City shall mail written notification of the proposed preliminary plat to property owners located within three hundred fifty (350) five hundred (500) feet of the subject site. Timing of the mailed notice shall be the same as that for the published notice. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply has been made.
SECTION 5. This Ordinance shall be effective following its passage and summary publication.
Adopted by the Big Lake City Council this 12th day of May, 2021.
CITY OF BIG LAKE
______Mayor Paul Knier
Attest:
______City Clerk Gina Wolbeck
Drafted by: City of Big Lake 160 North Lake Street Big Lake, MN 55309
STATE OF MINNESOTA ) ) SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of May, 2021 by Paul Knier and Gina Wolbeck, the Mayor and City Clerk respectively of the City of Big Lake, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
ATTACHMENT C RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ADOPTED ORDINANCE
CITY OF BIG LAKE MINNESOTA
A general meeting of the City Council of the City of Big Lake, Minnesota was called to order by Mayor Paul Knier at 6:00 p.m. in the Council Chambers of City Hall, Big Lake, Minnesota, on Wednesday, May 12, 2021. The following Council Members were present: Ken Halverson, Sam Hanson, Paul Knier, Kim Noding, and Paul Seefeld. A motion to adopt the following resolution was made by Council Member ______and seconded by Council Member ______.
BIG LAKE CITY COUNCIL RESOLUTION NO. 2021-XX
RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE NO. 2021-XX AMENDING CHAPTER 10 (ZONING CODE) SECTIONS 1004.03, 1007.03, 1014.03 AND CHAPTER 11 (SUBDIVISIONS) SECTION 1106.05 OF THE BIG LAKE MUNICIPAL CODE
WHEREAS, the City Council has adopted an Ordinance amendment; and that amendment expands the radius used for mailed public hearing notices associated with certain land use applications from 350 feet to 500 feet; and
WHEREAS, as authorized by Minnesota Statutes, Section 412.191, subd. 4, the City Council has determined that publication of the title and summary of Ordinance No. 2021-XX will clearly inform the public of the intent and effect of the Ordinance; and
WHEREAS, a printed copy of the Ordinance is available for inspection during regular office hours in the office of the City Clerk.
NOW THEREFORE, BE IT RESOLVED that the following summary of Ordinance No. 2021-XX is approved for publication:
CITY OF BIG LAKE, MINNESOTA ORDINANCE NO. 2021-XX
The Big Lake City Council passed an Ordinance on May 12, 2021 Amending Chapter 10 (Zoning Code), Sections 1004.03, 1007.03, 1014.03 and Chapter 11 (Subdivisions) Section 1106.05 to increase the radius used for mailed notification of public hearings associated with certain land use applications from 350 feet to 500 feet for purposes of increasing awareness of said applications. A printed copy of the Ordinance is available for inspection during regular office hours in the office of the City Clerk.
Adopted by the Big Lake City Council this May 12, 2021.
Mayor Paul Knier
Attest: ______Gina Wolbeck, City Clerk
The following Council Members voted in favor: The following Council Members voted against or abstained:
Whereupon the motion was duly passed and executed.
STATE OF MINNESOTA ) ) SS. COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this day of May 12, 2021, by Paul Knier and Gina Wolbeck, the Mayor and City Clerk respectively of the City of Big Lake, a Minnesota municipal corporation, on behalf of the corporation.
______Notary Public
Drafted By: City of Big Lake 160 North Lake Street Big Lake, MN 55309
AGENDA ITEM Big Lake City Council
Prepared By: Meeting Date: Item No. ☐ Regular Agenda Item Gina Wolbeck, City Clerk 5/12/2021 ☒ Consent Agenda Item 6H Item Description: Reviewed By: Clay Wilfahrt, City Administrator Temporary Liquor Licenses – Big Eagle Lake Improvement Association and Lupulin Brewing at 2021 Music in the Park Reviewed By: Matt Hayen, Acting Police Chief and Events Deb Wegeleben, Finance Director
ACTION REQUESTED By approving this item on the Consent Agenda, Council would be approving and waiving the fees for 5 One-Day Temporary Liquor Licenses to the Big Eagle Lake Improvement Association/Lupulin Brewing for beer sales at the City of Big Lake Music in the Park events scheduled on June 3rd, 10th, 17th and July 1st and 8th, 2021 at Lakeside Park located at 101 Lakeshore Drive, contingent upon submittal of all required documentation.
BACKGROUND/DISCUSSION Big Eagle Lake Improvement Association/Lupulin Brewing has submitted an application seeking approval on 5 One-Day Temporary Liquor Licenses to sell Lupulin Brewing’s beer products at the City of Big Lake Music in the Park events on June 3rd, 10th, 17th and July 1st and 8th, 2021. Organizations are allowed to have up to 12 Temporary Liquor Licenses in a calendar year. Once they receive City and State approval on the 5 Big Lake events, they will only qualify for 7 more Temporary Liquor Licenses for the remainder of 2021.
The Big Eagle Lake Improvement Association is a non-profit organization and per the City’s Fee Schedule qualifies for a fee waiver of the liquor license fee. This would amount to a fee waiver totaling $125 (5 events x $25 fee per one-day license).
Lupulin Brewing has also submitted a liquor insurance certificate identifying the location and dates of beer sales with the BELIA listed as Additional Insured. As the beer sales are being conducted on City owned property, it is also required that the City be listed as Additional Insured on the liquor policy.
FINANCIAL IMPACT Per the City Fee Schedule, we would be waiving the $25 per one-day license fee totaling a fee waiver of $125.00.
STAFF RECOMMENDATION Staff recommends approving 5 One-Day Temporary Liquor Licenses to the Big Eagle Lake Improvement Association/Lupulin Brewing for beer sales at the City of Big Lake Music in the Park events at Lakeside Park on June 3rd, 10th, 17th and July 1st and 8th, 2021 contingent upon submittal of all required documentation.
ATTACHMENTS Temporary Liquor License Application
Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 1600, St. Paul, MN 55101 651-201-7507 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE
Name of organization Date organized Tax exempt number Big Eagle Lake Improvement Association 4/2/1970 32-0383370 Address City State Zip Code 22946 185th Street NW Big Lake MN 55309 Name of person making application Business phone Home phone George Wallin Date(s) of event Type of organization Microdistillery Small Brewer See schedule below Club Charitable Religious Other non-profit Organization officer's name City State Zip Code George Wallin - Treasurer 55309 Organization officer's name City State Zip Code Gordy Westerlind - President Big Lake 55309
Organization officer's name City State Zip Code Bryan Adams - Vice President Big Lake 55309 Location where permit will be used. If an outdoor area, describe. Music in the Park by the City of Big Lake. Location will be at Lakeside Park - 101 Lakeshore Dr., Big Lake, MN 55309 Dates: June 3rd, 10th, 17th and July 1st and 8th.
If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. Service will be by Lupulin Brewing Company
If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. See attached Certificate of Insurance
APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT City of Big Lake May 12, 2021 - pending City or County approving the license Date Approved
Waived per City Council approval on 05/12/21 - pending June 3rd, 10th, 17th and July 1st and 8th, 2021 Fee Amount Permit Date
N/A [email protected] Date Fee Paid City or County E-mail Address 763-251-2973 City or County Phone Number Gina M. Wolbeck, City Clerk Signature City Clerk or County Official Please Print Name of City Clerk or County Official CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event.
ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO [email protected] DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 04/26/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jackie Riley North Risk Partners PHONE (763) 536-8006 FAX (A/C, No, Ext): (A/C, No): E-MAIL P.O. Box 64016 ADDRESS: [email protected] INSURER(S) AFFORDING COVERAGE NAIC #
St Paul MN 55164-0016 INSURER A : Cincinnati Insurance Company 10677
INSURED INSURER B :
Lupulin Brewing LLC, DBA: Lupulin Brewing Company INSURER C :
570 Humboldt Dr, Ste 107 INSURER D :
INSURER E :
Big Lake MN 55309 INSURER F : COVERAGES CERTIFICATE NUMBER: Master 21/22 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300,000 CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ 5,000
A Y ETD0571762 03/15/2021 03/15/2022 PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- 2,000,000 POLICY JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY (Per person) $
A OWNED SCHEDULED ETD0571762 03/15/2021 03/15/2022 BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $
UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 4,000,000
A EXCESS LIAB CLAIMS-MADE ETD0571762 03/15/2021 03/15/2022 AGGREGATE $ 4,000,000
DED RETENTION $ $ WORKERS COMPENSATION PER OTH- STATUTE ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 500,000 A OFFICER/MEMBER EXCLUDED? N N / A EWC0571758 03/15/2021 03/15/2022 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 Each Common Cause 1,000,000 Liquor Liability A ETD0571762 04/01/2021 03/31/2022 Aggregate 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Music in the Park 2021; located at Lakeside Park, 101 Lakeshore Drive, Big Lake, MN 55309 Event Dates Alcohol will be Sold: 06/03/2021, 06/10/2021, 06/17/2021, 07/01/2021 and 07/08/2021 The City of Big Lake and Big Eagle Lake Improvement Association (BELIA) are included as additional insured with regards to General Liability per policy provisions.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Big Lake ACCORDANCE WITH THE POLICY PROVISIONS. 160 Lake Street N AUTHORIZED REPRESENTATIVE
Big Lake MN 55309
© 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENDA ITEM Big Lake City Council
Prepared By: Meeting Date: Item No. ☐ Regular Agenda Item Norm Michels, Streets/Parks/Fleet 5/12/2021 ☒ Superintendent Consent Agenda Item 6I
Item Description: Reviewed By: Clay Wilfahrt, City Administrator Removal of past Seasonal Part-Time Public Works Employees from the City Payroll System Reviewed By: Deb Wegeleben, Finance Director
ACTION REQUESTED By approving this item on the Consent Agenda, Council would be approving the removal of past Seasonal Part-Time Public Works Employees Alexis Halbach, Karleigh Johnson, Tristin Martin, Aleesha Moss, Abby Schreifels, and Kayla Wesley from the City payroll system effective immediately.
BACKGROUND/DISCUSSION The City is in the process of filling seasonal, part-time positions to conduct boat inspections at Lakeside Park. Staff contacted recent past seasonal employees to gauge their interest in filling these positions. The following past seasonal employees have indicated that they will not be returning for the summer 2021 season:
1. Alexis Halbach 2. Karleigh Johnson 3. Tristin Martin 4. Aleesha Moss 5. Abby Schreifels 6. Kayla Wesley
FINANCIAL IMPACT N/A
STAFF RECOMMENDATION Remove Alexis Halbach, Karleigh Johnson, Tristin Martin, Aleesha Moss, Abby Schreifels, and Kayla Wesley from the payroll system effective immediately.
ATTACHMENTS N/A
AGENDA ITEM Big Lake City Council
Prepared By: Meeting Date: Item No. ☐ Regular Agenda Item Seth Hansen, Fire Chief 5/12/2021 ☒ Consent Agenda Item 6J
Item Description: Reviewed By: Clay Wilfahrt, City Administrator Request Authorization to Dispose of Out of Compliance Turnout Gear for the Big Lake Fire Department Reviewed By: Deb Wegeleben, Finance Director
ACTION REQUESTED By approving this item on the Consent Agenda, Council would be authorizing the disposal of the out of compliance turnout gear for the Big Lake Fire Department.
BACKGROUND/DISCUSSION Recently the Big Lake Fire Department was able to purchase turnout gear with CARES funds for each fire fighter. This purchase will replace gear that is at least 15 years old and no longer meets NFPA compliance.
At the May 4, 2021 Fire Board meeting, the board recommended disposing of the out of compliance gear as the department can not donate the gear to other departments.
FINANCIAL IMPACT N/A
STAFF RECOMMENDATION Staff recommends Council authorized the disposal of the identified equipment as presented.
ATTACHMENTS N/A
AGENDA ITEM Big Lake City Council
Prepared By: Meeting Date: Item No. ☐ Regular Agenda Item Layne R. Otteson P.E. 5/12/2021 ☒ ENG21-034 Consent Agenda Item 6K
Item Description: Reviewed By: Clay Wilfahrt, City Administrator Agreement for AIS watercraft inspection reimbursement with the Big Lake Community Lakes Association Reviewed By: Deb Wegeleben, Finance Director
ACTION REQUESTED By approving this item on the Consent Agenda, Council would be approving a reimbursement agreement with Big Lake Community Lakes Association for watercraft inspection costs at Lakeside Park boat launch in 2021.
BACKGROUND/DISCUSSION In the past, partnerships with Sherburne Soil and Water Conservation District (SSWCD) and Big Lake Community Lakes Association (BLCLA) have proven to be effective is maintaining a high water quality by protecting against erosion and aquatic invasive species (AIS). AIS inspections have been taking place at Lakeside Park for several years under the direction of the SSWCD. This year, the SSWCD committed to providing 150 hours of inspection for the months of May and September at no cost to the City.
Council discussed this item at the April 14th Workshop. After a presentation by City Engineer Otteson and BLCLA representative Keith Benker, discussion ensued regarding inspection coverage, cost, and BLCLA contribution. Discussion resulted in general concurrence to move forward with hiring part time seasonal providing 934 hours of coverage if the BLCLA increased their contribution. BLCLA was in agreement.
Thus, the City will be providing 13 weeks of Level 1 watercraft inspection during June, July and August. The City will schedule 72 hours of inspection per week allowing for 8 hour shifts Monday through Friday and double shifts (16 hours) Saturday and Sunday when it’s the busiest. Staff may adjust the schedule subject to holidays and special events.
City Staff has negotiated an agreement with the Big Lake Community Lakes Association (BLCLA) to share the inspection costs. The inspection cost shall is shared by the City of Big Lake (64%) and BLCLA (36%). BLCLA reimbursement to the City shall be capped at $4,700.
FINANCIAL IMPACT The agreement is for a 64/36 cost share with a cap of $4,700 for BLCLA. The costs are within budget.
STAFF RECOMMENDATION BLCLA has provided a significant contribution towards AIS inspections. Staff recommends approval of the reimbursement agreement.
ATTACHMENTS 2021 Aquatic Invasive Species Inspection Reimbursement Agreement
2021 AQUATIC INVASIVE SPECIES INSPECTION REIMBURSEMENT AGREEMENT
The Big Lake Community Lakes Association agrees to reimburse the City of Big Lake up to $4,700.00 for Aquatic Invasive Species (AIS) inspection at Lakeside Park during 2021. The Big Lake Community Lakes Association (BLCLA) understands that the City will provide 936 hours of AIS inspection June through August, 2021. The BLCLA understands it is contributing 36% of AIS inspection.
The BLCLA shall pay in full, within 30 days of receipt, an invoice from the City of Big Lake for up to $4,700.00. If City provides less than the 936 hours agreed to, the cost share will be pro-rated between the City and the BLCLA.
By signing this agreement, the both parties agree to the aforementioned.
Please return this signed agreement no later than June 10, 2021.
BIG LAKE COMMUNITY LAKES ASSOCIATION CITY OF BIG LAKE
Signature Signature
Paul Knier, Mayor Printed Name Printed Name
May 12, 2021 Date Date AGENDA ITEM Big Lake City Council
Prepared By: Meeting Date: Item No. ☐ Regular Agenda Item Greg Zurbey, Liquor Manager 5/12/2021 ☒ Consent Agenda Item 6L Item Description: Reviewed By: Clay Wilfahrt, City Administrator Employment Status Change for Part-time Liquor Clerk Dain Thompson Reviewed By: Deb Wegeleben, Finance Director
ACTION REQUESTED By approving this item on the Consent Agenda, Council would be approving an employment status change for Part-time Liquor Clerk Dain Thompson to Part-time Lead Liquor Clerk effective 5/16/2021.
BACKGROUND/DISCUSSION Part-time liquor store clerk Dain Thompson has been as asset to the liquor store. He has been training to open and close the store. He has also gained experience at the registers. Dain has been flexible with his schedule and willing to fill in when needed. Staff feels that Dain will continue to learn and be a bigger asset in this new position. He will be tasked with more opening and closings while continuing to work in the cooler and at the register. He will have new responsibilities added to his current role as a Part-time Liquor Clerk. Staff feels Dain Thompson will be successful in the new leadership role.
FINANCIAL IMPACT Move from Grade 3, Step 2 to Grade 4, Step 2 on the City pay scale.
STAFF RECOMMENDATION Staff recommends Council approve an employment status change for Part-time Liquor Store Clerk Dain Thompson to Part-time Lead Liquor Clerk.
ATTACHMENTS N/A
AGENDA ITEM Big Lake City Council
Prepared By: Meeting Date: Item No. ☒ Regular Agenda Item Deb Wegeleben, Finance Director 5/12/2021 ☐ Consent Agenda Item 7A Item Description: Reviewed By: Clay Wilfahrt, City Administrator Issuance and Sale of $3,140,000 General Obligation Improvement Bonds, Series 2021A for the 2021 Street Projects Reviewed By: N/A
ACTION REQUESTED Motion to approve a RESOLUTION providing for the issuance and Sale of $3,140,000 General Obligation Improvement Bonds, Series 2021A, and pledging for the security thereof Special Assessments and Levying a Tax for the Payment Thereof.
BACKGROUND/DISCUSSION The City has begun the infrastructure improvement program with the 2021 Street Improvement Project No. ST2021-1 as outlined in the Final Plans and Specifications approved by Council March 24, 2021. The street project will be funded with General Obligation debt.
With the pending issue of the General Obligation Improvement Bonds, Series 2021A, the City had to have a new rating with S & P Global Ratings and the City’s rating of AA/Stable was affirmed. S&P Global Ratings affirmed its rating to reflects their view of the combination of the city’s ongoing maintenance of extremely strong available reserves, strong growth in the city’s economic base, market value in particular, and the adoption of the most robust financial policies and practices; which reflects “strong” Financial Management Assessment and very strong overall management.
The Bonds will be sold through a competitive sale process on May 12, 2021. Northland Securities will be present at the meeting for any questions regarding the results of the sales.
FINANCIAL IMPACT Once Bonds have been sold a debt schedule less assessments payments billed to benefiting properties will be added to future budgets.
STAFF RECOMMENDATION Approve resolution as stated above.
ATTACHMENTS Resolution for issuance and sale of bonds. S&P Globing Ratings – Summary of Credit Profile Summary: Big Lake, Minnesota; General Obligation
Primary Credit Analyst: Wendy A Towber, Centennial + 1 (303) 721 4230; [email protected]
Secondary Contact: Blake E Yocom, Chicago + 1 (312) 233 7056; [email protected]
Table Of Contents
Rating Action
Stable Outlook
Credit Opinion
Related Research
WWW.STANDARDANDPOORS.COM/RATINGSDIRECT MAY 4, 2021 1 Summary: Big Lake, Minnesota; General Obligation
Credit Profile
US$3.765 mil GO imp bnds ser 2021A due 02/01/2032 Long Term Rating AA/Stable New Big Lake taxable GO rfdg bnds ser 2016A dtd 04/15/2016 due 02/01/2030 Long Term Rating AA/Stable Affirmed
Rating Action
S&P Global Ratings assigned its 'AA' rating to Big Lake, Minn.'s series 2021A GO improvement bonds. At the same time, we affirmed our 'AA' rating on the city's outstanding GO debt and removed our rating on the series 2010A bonds, which were fully defeased in 2019. The outlook is stable.
The series 2021A bonds are secured by special assessments and by the city's full faith and credit GO pledge and ability to levy unlimited ad valorem taxes on all taxable property within its borders. We rate the bonds to the city's GO pledge. City officials will use bond proceeds for street improvement projects.
Credit overview Located in Sherburne County approximately 45 miles northwest of Minneapolis-St. Paul, the city is mostly residential with a stable population of young families. The economy has been largely resilient during the pandemic with a mix of new residential and commercial building or expansion over the past year that management expects to continue based on demand need for single family and affordable housing and both residential and commercial development proposals, which should extend the steady growth trend for the city's major revenue sources in our view given the ebbing pandemic and overall economic outlook. Given these trends in parallel with the ongoing economic development and a management team we view as strong, we believe the credit will remain stable over our outlook horizon.
The stable outlook reflects our expectation that the city will maintain its historic economic and financial resiliency supported by very strong management and a stable operating budget, despite ongoing uncertainty regarding the trajectory of the pandemic and pace of economic recovery. The stable outlook also reflects our expectation that Big Lake's extremely strong reserves will provide solid liquidity and budgetary flexibility against any potential variability in the overall economic recovery as the pandemic wanes.
The 'AA' rating reflects our view of the city's:
• Strong economy, with access to a broad and diverse metropolitan statistical area (MSA);
• Very strong management, with strong financial policies and practices under our Financial Management Assessment (FMA) methodology;
• Strong budgetary performance, with operating results that we expect could weaken in the near term relative to fiscal 2020, which closed with operating surpluses in the general fund and at the total governmental fund level in fiscal
WWW.STANDARDANDPOORS.COM/RATINGSDIRECT MAY 4, 2021 2 Summary: Big Lake, Minnesota; General Obligation
2020;
• Very strong budgetary flexibility, with an available fund balance in fiscal 2020 of 91% of operating expenditures;
• Very strong liquidity, with total government available cash at 1.7x total governmental fund expenditures and 7.2x governmental debt service, and access to external liquidity we consider strong;
• Weak debt and contingent liability profile, with debt service carrying charges at 23.9% of expenditures and net direct debt that is 127.8% of total governmental fund revenue, but rapid amortization, with 94.7% of debt scheduled to be retired in 10 years; and
• Strong institutional framework score.
Environmental, social, and governance (ESG) factors We analyzed Big Lake's ESG factors relative to its economy, budgetary outcomes, management, and debt and long-term liabilities, and view them as being in line with those of the sector. While the city is not immune to negative implications of the pandemic and resulting restrictions and behavioral changes, we do not believe these risks are elevated compared with the sector standard. The city has not experienced a cybersecurity attack and works with an outside consultant to continually enhance security protocols, which includes an upgrade to its technology infrastructure this year.
Stable Outlook
Upside scenario A positive rating action is possible if the city's economic metrics improve to levels consistent with those of its more highly rated peers, and if its debt burden moderates.
Downside scenario A negative rating action is possible should there occur a sustained and material decline in the city's budgetary performance, leading to a diminution of reserves in parallel with weaker liquidity and budgetary flexibility.
Credit Opinion
Strong economy We consider Big Lake's economy adequate. The city, with an estimated population of 11,720, is in Sherburne County in the Minneapolis-St. Paul-Bloomington, MN-WI MSA, which we consider to be broad and diverse. The city has a projected per capita effective buying income of 90.8% of the national level and per capita market value of $81,532. Overall, the city's market value grew by 6.6% over the past year to $955.6 million in 2020. The county unemployment rate was 3.5% in 2019.
City residents have access to employment in both St. Cloud and the Twin Cities, and the city is the terminal point of the Northstar commuter train, which connects Big Lake to downtown Minneapolis, passing through several northwest suburbs. Top local employers include Xcel Energy (employs 700), Centracare Medical Center (550), Cargill Kitchen Solutions (450), Independent School District No. 727 (431) and Wal-Mart Supercenter (300).
WWW.STANDARDANDPOORS.COM/RATINGSDIRECT MAY 4, 2021 3 Summary: Big Lake, Minnesota; General Obligation
The city's net tax capacity is 68% residential homestead, 17% commercial and industrial, and 12% residential non-homestead properties. We understand that recent growth reflects a number of factors, including favorable trends in the local residential and commercial markets, steadily increasing market values, new construction for industrial and housing developments, and local businesses that remained open during the pandemic. Given a healthy commercial development pipeline and the pace of new-home construction in particular, we expect to continue to see moderate increases in market value and tax capacity through the next few years.
Very strong management We view the city's management as very strong, with strong financial policies and practices under our FMA methodology, indicating financial practices are strong, well embedded, and likely sustainable.
We view the city's management as strong following the adoption of a robust, multi-year financial plan and a debt management policy. Highlights to the FMA include:
• A line-item budget incorporating approximately five years of historical data and information from external sources, with annual budgeting done in the context of a multi-year financial plan and with a view toward long-term sustainability and structural balance;
• Monthly budget-to-actual reporting to the city council and the ability to amend the budget as needed;
• A detailed financial projection that extends three years beyond the budget year and that is included in each year's annual budget;
• A formal, rolling five-year capital improvement plan that includes funding sources for projects;
• A formal investment policy with monthly reporting on investment holdings and earnings to the city council;
• A formal debt management policy that includes qualitative guidelines and limits direct debt to 3.5% of estimated market value; and
• A formal fund balance policy requiring an unrestricted reserve equal to 50% of the subsequent year's expenditures.
Strong budgetary performance Big Lake's budgetary performance is strong in our opinion. The city had operating surpluses of 6.4% of expenditures in the general fund and 10.3% across all governmental funds in fiscal 2020.
The city uses conservative practices when developing its general fund budgets and typically finishes the year ahead of the balanced budgets. We understand that fiscal 2020 budgetary performance was supported in part by additional home permits and developments that were not anticipated. We have adjusted for recurring transfers out to the city's infrastructure improvement fund and accounted for routine transfers into the general fund from the city's municipal liquor store by including that revenue in both the general and total governmental funds.
Big Lake received about $863,000 in Coronavirus Aid, Relief, and Economic Security (CARES) Act funds in 2020. We understand that roughly $548,000 was issued to businesses within city limits in the form of grants and the remaining $315,000 was used by the city for unexpected expenditures related to the pandemic, primarily the procurement of personal protective equipment, enhancement of facility and protocol requirements to allow voting and meetings to adhere to public safety guidelines, and technology purchases to facilitate the ability to conduct city business virtually.
WWW.STANDARDANDPOORS.COM/RATINGSDIRECT MAY 4, 2021 4 Summary: Big Lake, Minnesota; General Obligation
The fiscal 2021 balanced budget reflects $5.6 million of general fund revenue, a 3.7% increase over the prior year budget with increased expenses primarily due to higher personnel costs. We understand that the city anticipates a small surplus at year-end based in part on favorable year to date results and management's anticipation for continued healthy development activity and single-family home permitting.
Given the city's recent history, including effective navigation of pandemic related challenges in fiscal 2020, combined with an overall steady and predictable operating environment, management's close monitoring of expenditures, and multi-year planning discipline, we expect budgetary performance to remain stable and strong.
Very strong budgetary flexibility Big Lake's budgetary flexibility is very strong, in our view, with an available fund balance in fiscal 2020 of 91% of operating expenditures, or $5.3 million. We expect the available fund balance to remain above 30% of expenditures for the current and next fiscal years, which we view as a positive credit factor. The available fund balance includes $3.8 million (65.8% of expenditures) in the general fund and $1.5 million (25% of expenditures) that is outside the general fund but legally available for operations.
We include the city's municipal liquor store cash in available reserves. The city's fund balance requires a minimum unrestricted fund balance of 50% of the subsequent year's expenditures to mitigate risks associated with lower than expected or delayed tax revenues. Big Lake consistently meets or exceeds this minimum level.
We anticipate that the city's reserves will remain very strong in the near term as management reports no plans to spend down reserves in the next few years. Moreover, we understand that the city could receive a total roughly $1.3 million of funding from the American Rescue Plan Act, which would be used for water and sewer infrastructure investment per funding guidelines further mitigating the need to draw down on reserves for these capital improvements over the next two years.
Very strong liquidity In our opinion, Big Lake's liquidity is very strong, with total government available cash at 1.7x total governmental fund expenditures and 7.2x governmental debt service in 2020. In our view, the city has strong access to external liquidity, if necessary.
The city's total available cash and investments was $18 million at the end of 2020. The asset allocation of its investment portfolio is conservative, in our view, with its only holdings in certificates of deposit and money market accounts. We expect the liquidity position to remain very strong.
Weak debt and contingent liability profile In our view, Big Lake's debt and contingent liability profile is weak. Total governmental fund debt service is 23.9% of total governmental fund expenditures, and net direct debt is 127.8% of total governmental fund revenue. Approximately 94.7% of the direct debt is scheduled to be repaid within 10 years, which is in our view a positive credit factor.
We have adjusted the city's direct debt to reflect GO debt paid from enterprise revenues that we consider self-supporting. The city's high carrying charges are somewhat offset by the rapid amortization scheduled for its direct debt, and we note as well that the city is paying much of its debt through a variety of non-ad valorem tax sources.
WWW.STANDARDANDPOORS.COM/RATINGSDIRECT MAY 4, 2021 5 Summary: Big Lake, Minnesota; General Obligation
The city could finance approximately $6.0 million of infrastructure projects with additional new debt within the next two years. Following the series 2021A issuance, we believe the city will still have some new debt capacity remaining at the current rating.
Big Lake's pension contributions totaled 3.7% of total governmental fund expenditures in 2020. The city made its full required pension contribution in 2020.
Big Lake participates in two cost-sharing multiple-employer defined-benefit pension plans, including the General Employees Retirement Fund (GERF) and the Public Employees Police and Fire Fund (PEPFF). The plans are administered by the Public Employees Retirement Association of Minnesota (PERA). Required pension contributions to these plans are determined by state statute. Statutory contribution rates have generally not kept pace with actuarially determined contribution (ADC) rates, suggesting the potential for future payment acceleration.
The GERF and PEPFF were 79.1% and 87.2% funded, respectively, in fiscal 2020. The city's proportionate share of the net pension liability for these plans totaled $3.2 million in fiscal 2020. We consider historical plan funding levels somewhat weak, and we believe that the history of pension contributions below ADC increases the risk of payment acceleration. Additionally, in our view, the plan's investment portfolio is exposed to significant market risk, with only 20% of its investments allocated to fixed income and cash, which increases the risk for volatility in plan funding levels.
Despite these weaknesses, the city's pension payments as a share of total spending remain low and pension-related expenses do not create budgetary pressure. That said, the payments are somewhat understated in our view due to statutory rates not matching the plans' ADCs. Still, we believe the city has sufficient taxing and operational flexibility to manage future increases in pension contributions. Further, we understand that management's maintenance of the city's healthy fund balance is due in part to mitigate risks associated with any future payment shortfalls. While we have not made any negative adjustments to the city's debt and liability profile related to pension risk, we could revise that view should future pension costs accelerate creating budgetary pressure.
The city does not offer other postemployment benefits.
Strong institutional framework The institutional framework score for Minnesota cities with a population greater than 2,500 is strong.
Related Research
• Through The ESG Lens 2.0: A Deeper Dive Into U.S. Public Finance Credit Factors, April 28, 2020
• 2020 Update Of Institutional Framework For U.S. Local Governments
Ratings Detail (As Of May 4, 2021)
Big Lake GO Long Term Rating AA/Stable Affirmed Big Lake GO cap imp pln bnds ser 2016B dtd 04/15/2016 due 02/01/2028 Long Term Rating AA/Stable Affirmed
WWW.STANDARDANDPOORS.COM/RATINGSDIRECT MAY 4, 2021 6 Summary: Big Lake, Minnesota; General Obligation
Ratings Detail (As Of May 4, 2021) (cont.)
Big Lake GO Long Term Rating AA/Stable Affirmed Big Lake GO Long Term Rating AA/Stable Affirmed Big Lake GO Long Term Rating AA/Stable Affirmed
Certain terms used in this report, particularly certain adjectives used to express our view on rating relevant factors, have specific meanings ascribed to them in our criteria, and should therefore be read in conjunction with such criteria. Please see Ratings Criteria at www.standardandpoors.com for further information. Complete ratings information is available to subscribers of RatingsDirect at www.capitaliq.com. All ratings affected by this rating action can be found on S&P Global Ratings' public website at www.standardandpoors.com. Use the Ratings search box located in the left column.
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WWW.STANDARDANDPOORS.COM/RATINGSDIRECT MAY 4, 2021 8 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF BIG LAKE, MINNESOTA
HELD: May 12, 2021
Pursuant to due call, a regular or special meeting of the City Council of the City of Big Lake, Sherburne County, Minnesota, was duly held at the City Hall on May 12, 2021, at 6:00 P.M., for the purpose, in part, of providing for the issuance and awarding the sale of $3,765,000 General Obligation Improvement Bonds, Series 2021A.
The following members were present: and the following were absent:
Member ______introduced the following resolution and moved its adoption:
RESOLUTION NO. 2021-XX
RESOLUTION PROVIDING FOR THE ISSUANCE AND AWARDING THE SALE OF $3,765,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2021A, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF
A. WHEREAS, the City Council of the City of Big Lake, Minnesota (the "City") has heretofore determined and declared that it is necessary and expedient to issue $3,765,000 General Obligation Improvement Bonds, Series 2021A (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapters 475 and 429 to finance various street improvement projects within the City (the "Improvements"); and
B. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and
C. WHEREAS, the City has retained Northland Securities, Inc., in Minneapolis, Minnesota ("Northland"), as its independent municipal advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Northland; and
D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Finance Director, or designee, at the offices of Northland at 10:30 A.M. on the date hereof, pursuant to the Notice of Sale established for the Bonds; and
E. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; and
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Big Lake, Minnesota, as follows:
1. Acceptance of Proposal. The proposal of ______(the "Purchaser"), to purchase the Bonds, in accordance with the Notice of Sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $______, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is hereby accepted and the Bonds are hereby awarded to the Purchaser.
2. Bond Terms.
(a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated June 8, 2021, as the date of original issue, be issued forthwith on or after such date in fully registered form, be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and mature, without option of prepayment, on February 1 in the years and amounts as follows:
Year Amount Year Amount
2023 $ 2028 $ 2024 2029 2025 2030 2026 2031 2027 2032
As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s).
(b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO, as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee").
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(iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy.
(iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid.
(v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee.
(vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced
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therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations").
(vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds.
(viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations.
(c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows:
(i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners.
(ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners.
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(iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10.
(d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control.
3. Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained.
4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2022, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows:
Maturity Year Interest Rate Maturity Year Interest Rate
2023 % 2028 % 2024 2029 2025 2030 2026 2031 2027 2032
5. Redemption. All Bonds maturing on February 1, 2030, and thereafter shall be subject to redemption and prepayment at the option of the City on February 1, 2029, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty (30) days prior to the date fixed for redemption.
To effect a partial redemption of Bonds having a common maturity date, the Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of the Bonds to be redeemed. The Bonds to be redeemed shall be the
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Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Registrar (with, if the City or Registrar so requires, a written instrument of transfer in form satisfactory to the City and Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered.
6. Bond Registrar. Northland Trust Services, Inc., in Minneapolis, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and in paragraph 12.
7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form:
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UNITED STATES OF AMERICA STATE OF MINNESOTA SHERBURNE COUNTY CITY OF BIG LAKE
R-______$______
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2021A
Interest Rate Maturity Date Date of Original Issue CUSIP
___% February 1, ____ June 8, 2021
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
THE CITY OF BIG LAKE, SHERBURNE COUNTY, MINNESOTA (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2022, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve thirty-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the Northland Trust Services, Inc., in Minneapolis, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee.
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Optional Redemption. The Bonds of this issue (the "Bonds") maturing on February 1, 2030, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2029, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty (30) days prior to the date fixed for redemption.
Prior to the date on which any Bond or Bonds are directed by the Issuer to be redeemed in advance of maturity, the Issuer will cause notice of the call thereof for redemption identifying the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited.
Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of the Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered.
Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $3,765,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, redemption privilege and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on May 12, 2021 (the "Resolution"), for the purpose of providing money to finance various street improvement projects within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds, Series 2021A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become
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13330526v1 due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged.
Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar.
Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness.
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IN WITNESS WHEREOF, the City of Big Lake, Sherburne County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Administrator, the corporate seal of the Issuer having been intentionally omitted as permitted by law.
Date of Registration: Registrable by: NORTHLAND TRUST SERVICES, INC.
Payable at: NORTHLAND TRUST SERVICES, INC.
BOND REGISTRAR'S CITY OF BIG LAKE, CERTIFICATE OF SHERBURNE COUNTY, MINNESOTA AUTHENTICATION
This Bond is one of the Bonds described in the Resolution mentioned /s/ Facsimile within. Mayor Northland Trust Services, Inc. Minneapolis, Minnesota Bond Registrar /s/ Facsimile City Administrator By: Authorized Signature
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ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - ______as custodian for ______(Cust) (Minor) under the ______Uniform (State) Transfers to Minors Act
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto ______the within Bond and does hereby irrevocably constitute and appoint ______attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises.
Dated:______Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever.
Signature Guaranteed:
______Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2).
The Bond Registrar will not affect transfer of this Bond unless the information concerning the transferee requested below is provided.
Name and Address: ______
______
______
(Include information for all joint owners if the Bond is held by joint account.)
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8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and City Administrator and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery.
9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of June 8, 2021. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution.
10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City.
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All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing
The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Finance Director is hereby authorized to negotiate and execute the terms of said agreement.
11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond.
12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date.
13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary.
14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof.
15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Improvement Bonds, Series 2021A Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained 13
13330526v1 in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the "Construction Account" and "Debt Service Account":
(a) Construction Account. To the Construction Account shall be credited the proceeds of the sale of the Bonds, less capitalized interest, plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. Any unused discount or premium upon the sale of the Bonds shall be deposited into the Construction Account. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the receipt of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) may be transferred to the Debt Service Account or the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1.
(b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent a permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (ii) capitalized interest in the amount of $______(together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before February 1, 2022); (iii) any collection of all taxes herein or hereafter levied for the payment of the Bonds; (iv) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof; (v) all investment earnings on funds held in the Debt Service Account; and (vi) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from the account as provided by law.
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To
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this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code").
16. Assessments. It is hereby determined that no less than twenty percent of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have heretofore been authorized. Subject to such adjustments as are required by the conditions in existence at the time the assessments are levied, it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at the rates per annum not less than the rate per annum set forth opposite the collection years specified below:
Improvement Designation Levy Years Collection Years Amount Rate
See Attached Schedule in Exhibit B
At the time the assessments are in fact levied the City Council shall, based on the then current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1.
17. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows:
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Year of Tax Levy Year of Tax Collection Amount
See Attached Schedule in Exhibit B
The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3.
18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date.
19. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure").
The City hereby certifies and/or covenants as follows:
(a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the
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Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds.
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations.
(c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds, and not later than three years after the later of (i) the date of the payment of the Reimbursement Expenditure, or (ii) the date on which the Project to which the Reimbursement Expenditure relates is first placed in service.
(d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued.
Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds.
20. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein.
21. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to:
(a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein.
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(b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking.
(c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such occurrence.
(d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants.
The Mayor and City Administrator of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers.
22. Certificate of Registration. A certified copy of this resolution is hereby directed to be filed in the offices of the County Auditor of Sherburne County, Minnesota, together with such other information as the County Auditor shall require and to obtain the County Auditor's Certificate that the Bonds have been entered in the County Auditor's Bond Register and the tax levy required by law has been made.
23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein.
24. Negative Covenant as to Use of Bond Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code.
25. Tax-Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to
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13330526v1 be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000.
For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (i) the Bonds are issued by a governmental unit with general taxing powers; (ii) no Bond is a private activity bond; (iii) ninety five percent or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); and (iv) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all entities subordinate to, or treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code.
26. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations:
(a) the Bonds are issued after August 7, 1986;
(b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code;
(d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2021 will not exceed $10,000,000; and
(e) not more than $10,000,000 of obligations issued by the City during this calendar year 2021 have been designated for purposes of Section 265(b)(3) of the Code.
The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph.
27. Official Statement. The Official Statement relating to the Bonds prepared and distributed by Northland is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement.
28. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution.
29. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
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The motion for the adoption of the foregoing resolution was duly seconded by member ______and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same:
Whereupon the resolution was declared duly passed and adopted.
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STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF BIG LAKE
I, the undersigned, being the duly qualified and acting City Administrator of the City of
Big Lake, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of the City, duly called and held on the date therein indicated, insofar as such minutes relate to proving for the issuance and awarding the sale of $3,765,000 General Obligation Improvement Bonds, Series 2021A.
WITNESS my hand on May 12, 2021.
______City Administrator
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EXHIBIT A
PROPOSALS
[To be supplied by Northland Securities, Inc.]
A-1
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EXHIBIT B
SCHEDULES
[To be supplied by Northland Securities, Inc.]
B-1
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AGENDA ITEM Big Lake City Council
Prepared By: Meeting Date: Item No. ☒ Regular Agenda Item Corrie Scott, Recreation and 5/12/2021 ☐ Communication Coordinator Consent Agenda Item 7B
Item Description: Reviewed By: Clay Wilfahrt, City Administrator Contributions to the 2021 Movie in the Park Series, Big Lake Farmers Market, Sherburne County 4-H Programming, and Music Reviewed By: Hanna Klimmek, Community in the Park Programs Development Director; and Deb Wegeleben, Finance Director
ACTION REQUESTED Motion to approve a Resolution accepting cash donations and in-kind contributions towards the Big Lake Movie in the Park Series, Big Lake Farmers Market, Sherburne County 4-H programming, and Music in the Park.
BACKGROUND/DISCUSSION The 2021 Movie in the Park series is scheduled for May 21st and September 10th with reschedule dates on May 28th and September 17th. This year these events will take place drive-in style to allow for social distancing and capacity maximums. The costs that are incurred for this series include the cost to advertise, to purchase rights to legally screen the selected movie, and to pay for set up/tear down of the movie screen equipment. This event is a great way for city residents to get out and meet with their neighbors while enjoying Lakeside Park.
The Big Lake Farmers Market takes place every Wednesday from June-August from 3-7pm and in September from 3-6pm at beautiful Lakeside Park. We feature only homemade and homegrown products by Minnesota vendors and feature a variety of programs including free parking, live music, local food trucks, free kids activities, the Frequent Shopper Program, Senior Day, the Power of Produce Program, a card reader that accepts debit- credit and Snap-EBT, and the Market Bucks Match program. In order to comply with current CDC and state restrictions, staff will implement some changes to the market structure this year. These changes include no on- site consumption, social distancing, handwashing stations at the information booth, and mandatory face masks for staff, volunteers, and vendors. As restrictions begin to lift, market staff will notify market vendors and the public of any changes.
Staff has partnered with Sherburne County 4-H to offer two-day camp programs taking place at Big Lake parks that encourage children in grades K-2 to explore gardening and growing. Registration is required for this class, but thanks to a generous donation from Big Lake Spud Fest, there will be no fee for those who register. This donation will cover costs including supplies for activities throughout the day, any necessary PPE for participants and volunteers, and a healthy snack for program participants. All unused funds will go toward advertising the program.
Big Lake’s Music in the Park concert series is returning in 2021! This free concert series is held on select Thursday evenings during the months of June and July and features a wide variety of live music and local food trucks. The concerts are held at Big Lake’s scenic Lakeside Park located right off of Highway 10. After eight years of coordination through the gracious Big Lake Legacy Foundation, Music in the Park is being transitioned to a City- run program. The City of Big Lake is excited to continue Music in the Park and extends a huge Thank You to the Big Lake Legacy Foundation for creating such an impactful program for the community! All unused funds in 2021 will go toward expanding the 2022 program to include more dates and performers.
Every year the above outlined programs have been supported financially by local organizations, and this year is no different. Staff would like to extend a huge Thank You to those that have continued to support programs for all ages in the Big Lake Community, whether it’s through financial donation or volunteering at these successful events. Below are the financial sponsors for the 2021 Movie in the Park series, Big Lake Farmers Market, Sherburne County 4-H Programming, and newly transitioned Music in the Park:
Movie in the Park Sponsor Amount Big Lake Spud Fest $1,500 Knights of Columbus $1,500 Total $3,000
Big Lake Farmers Market Sponsor Amount Big Lake Knights of Columbus $1,000 Big Lake Spud Fest $2,500 Cargill $500 CentraCare Health $500 Climb Theatre $2,000 Compeer Financial – Grant Program $1,000 Connexus Energy $500 Liberty Bank $1,000 Minnco Credit Union $250 Minnesota Grown Cost Share Program $157.35 Minnesota Limited $1,000 Old National Bank $100 Total $10,507.35
Sherburne County 4-H Programming Sponsor Amount Big Lake Spud Fest $500 Total $500
Music in the Park Sponsor Amount Big Lake Chamber In-Kind Volunteering Big Lake American Legion $500 Big Lake Knights of Columbus $5,000 Bobs Towing $500 Bolton and Menk $1,000 Cargill Kitchens $1,000 Climb Theatre $5,000 Connexus Energy $500 Ehlinger Lawn Service $1,250 (In-Kind Mosquito Spraying) Liberty Bank $3,000 (In-Kind Musician Contribution) Lupulin Brewing Company/C&L Distributing $1,000 Minnco Credit Union $2,500 & In-Kind Volunteering Minnesota Limited $500 Old National Bank $500 Options, Inc. $5,000 Legacy Foundation $50 Total $27,300
FINANCIAL IMPACT Accepting these contributions will add $3,000 to the Movie in the Park Budget, $10,507.35 to the Big Lake Farmers Market Budget, $500 to the Sherburne County 4-H Programming Budget, and $27,300 to the Music in the Park Budget.
STAFF RECOMMENDATION Motion to approve a Resolution accepting cash donations and in-kind contributions towards the Big Lake Movie in the Park Series, Big Lake Farmers Market, Sherburne County 4-H programming, and Music in the Park.
ATTACHMENTS Donation Resolution
CITY OF BIG LAKE MINNESOTA
A general meeting of the City Council of the City of Big Lake, Minnesota was called to order by Mayor Mike Wallen at 6:00 p.m. in the Council Chambers of City Hall, Big Lake, on Wednesday, May 12, 2021. The following Council Members were present: Ken Halverson, Sam Hanson, Paul Knier, Kim Noding, and Paul Seefeld. A motion to adopt the following resolution was made by Council Member ______and seconded by Council Member ______.
CITY OF BIG LAKE RESOLUTION NO. 2021-XX
A RESOLUTION ACCEPTING DONATIONS THAT HAVE BEEN MADE TO THE CITY OF BIG LAKE
WHEREAS, donations that are to be made to the City of Big Lake must be accepted by the City Council; and
WHEREAS, the following donations were submitted towards City of Big Lake Community Events as follows:
Movie in the Park Sponsor Amount Big Lake Spud Fest $1,500 Knights of Columbus $1,500 Total $3,000
Big Lake Farmers Market Sponsor Amount Big Lake Knights of Columbus $1,000 Big Lake Spud Fest $2,500 Cargill $500 CentraCare Health $500 Climb Theatre $2,000 Compeer Financial – Grant Program $1,000 Connexus Energy $500 Liberty Bank $1,000 Minnco Credit Union $250 Minnesota Grown Cost Share Program $157.35 Minnesota Limited $1,000 Old National Bank $100 Total $10,507.35
Sherburne County 4-H Programming Sponsor Amount Big Lake Spud Fest $500 Total $500
Music in the Park Sponsor Amount Big Lake Chamber In-Kind Volunteering Big Lake American Legion $500 Big Lake Knights of Columbus $5,000 Bobs Towing $500 Bolton and Menk $1,000 Cargill Kitchens $1,000 Climb Theatre $5,000 Connexus Energy $500 Ehlinger Lawn Service $1,250 (In-Kind Mosquito Spraying) Liberty Bank $3,000 (In-Kind Musician Contribution) Lupulin Brewing Company/C&L Distributing $1,000 Minnco Credit Union $2,500 & In-Kind Volunteering Minnesota Limited $500 Old National Bank $500 Options, Inc. $5,000 Legacy Foundation $50 Total $27,300
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Big Lake, Minnesota, to hereby accept the donations listed above towards City of Big Lake Community Events as identified above.
Adopted by the Big Lake City Council this 12th day of May, 2021.
______Mayor Paul Knier Attest: ______Gina Wolbeck, City Clerk
The following Council Members voted in favor: _____ The following Council Members voted against or abstained: _____
Whereupon the motion was duly passed and executed.
Drafted By: City of Big Lake 160 Lake Street North Big Lake, MN 55309
STATE OF MINNESOTA ) )SS. COUNTY OF SHERBURNE)
The foregoing instrument was acknowledged before me this ___ day of May, 2021 by Paul Knier and Gina Wolbeck, the Mayor and City Clerk respectively of the City of Big Lake, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public AGENDA ITEM Big Lake City Council
Prepared By: Meeting Date: Item No. ☒ Regular Agenda Item Matt Hayen, Acting Chief of Police 05/12/21 ☐ Consent Agenda Item 7C Item Description: Reviewed By: Clay Wilfahrt, City Administrator National Police Week Proclamation Reviewed By: N/A
ACTION REQUESTED Approve Proclamation proclaiming May 9 - 15, 2021 as “NATIONAL POLICE WEEK” and May 15, 2021 as “PEACE OFFICERS’ MEMORIAL DAY” in the City of Big Lake.
BACKGROUND/DISCUSSION May 9 – 15, 2021 is a nationally recognized week, recognizing law enforcement officers throughout the nation for their contributions, as well as recognition of May 15 as Peace Officers Memorial Day. It is requested that the attached Proclamation be approved and read aloud in recognition of National Police Week, and Peace Officers Memorial Day in the City of Big Lake.
FINANCIAL IMPACT N/A
STAFF RECOMMENDATION Approve and announce Proclamation as presented.
ATTACHMENTS Proclamation PROCLAMATION
PROCLAIMING MAY 9 – 15, 2021 AS “NATIONAL POLICE WEEK” AND MAY 15, 2021 AS “PEACE OFFICERS’ MEMORIAL DAY” IN THE CITY OF BIG LAKE
WHEREAS, Congress and the President of the United States have adopted Public Law 87-54, designating May 15th as Peace Officers' Memorial Day in recognition of law enforcement officers nationwide who have sacrificed their lives or been disabled in the performance of their duties; and
WHEREAS, Public Law 87-54 also designates the week in which May 15th falls as National Police Week in recognition of the service provided by thousands of federal, state, and local law enforcement officers; and
WHEREAS, law enforcement officers are our guardians of life and property, defender of the individual’s right to be free, warriors in the war against crime, and dedicated to the preservation of life, liberty, and the pursuit of happiness; and
WHEREAS, it is known that every forty nine hours, an American Police Officer will be killed in the line of duty somewhere in the United States, and 170 officers will be seriously assaulted in the performance of their duties, our community joins with other cities and towns to honor all peace officers everywhere.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Big Lake to hereby proclaim May 9 – 15, 2021 as "NATIONAL POLICE WEEK" in the City of Big Lake, and do thereby call upon all citizens in this community to especially honor and show our sincere appreciation for the police officers of this City by deed, remarks, and attitude. We call upon all our citizens to make every effort to express their thanks to the men and women who make it possible for us to leave our homes and families in safety each day and to return to our homes knowing we are protected by men and women willing to sacrifice their lives, if necessary, to guard our loved ones, property, and government against all who would violate the law.
BE IT FURTHER PROCLAIMED that May 15, 2021, shall be “PEACE OFFICERS’ MEMORIAL DAY” in the City of Big Lake.
Adopted by the Big Lake City Council this 12th day of May, 2021.
Mayor Paul Knier Council Member Ken Halverson Council Member Sam Hanson
Council Member Kim Noding Council Member Paul Seefeld
AGENDA ITEM Big Lake City Council
Prepared By: Meeting Date: Item No. ☒ Regular Agenda Item Clay Wilfahrt, City Administrator 5/12/2021 ☐ Consent Agenda Item 7D Item Description: Reviewed By: N/A Annual Report Presentation Reviewed By: N/A
ACTION REQUESTED Staff presentation only. No action requested from the City Council.
BACKGROUND/DISCUSSION At the Council Meeting, staff will present the annual report for 2020. The report will also be available on the City’s website following the meeting.
FINANCIAL IMPACT None
STAFF RECOMMENDATION None
ATTACHMENTS None AGENDA ITEM Big Lake City Council
Prepared By: Meeting Date: Item No. ☒ Regular Agenda Item Gina Wolbeck, City Clerk 5/12/2021 ☐ Consent Agenda Item 7E Item Description: Reviewed By: Clay Wilfahrt, City Administrator Monthly Department Reports Reviewed By: N/A
ACTION REQUESTED No Action Required.
BACKGROUND/DISCUSSION Council has requested to receive verbal updates from Departments on a monthly basis. Due to the number of departments operating the City’s business, verbal updates will be given by each department either at the first or second meeting of the month.
Department updates scheduled to be given at the first meeting of the month are as follows:
1. Fire Department 2. Police Department 3. Engineering Department 4. Student Liaison
FINANCIAL IMPACT N/A
STAFF RECOMMENDATION N/A
ATTACHMENTS N/A