Agenda · Meeting Calendar
Meeting CalendarAgendaMonday, July 27, 2026
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---
## title: CITY OF SAINT PETER, MINNESOTA
## author: City Administrator's Office
date: D:20260724103606-05'00'
---
## CITY OF SAINT PETER, MINNESOTA
## AGENDA AND NOTICE OF MEETING
Regular City Council Meeting of Monday, July 27, 2026 – 7:00 p.m.
## Community Center – Governor’s Room (600 South Fifth Street)
## I.CALL TO ORDER
## II.APPROVAL OF AGENDA
III.APPROVAL OF MINUTES – p. 5-6
## IV.PUBLIC HEARING
A.2026A General Obligation Bonds – Property Tax Abatement and Issuance of
## Bonds
## V.VISITORS
## A.Scheduling of Visitor Comments on Agenda Items
## B.General Visitor Comments
## i.LMC ADA Award
## ii.Green Steps Award
## VI.APPROVAL OF CONSENT AGENDA ITEMS – p. 8-11
## VII.UNFINISHED BUSINESS
## None Scheduled
## VIII.NEW BUSINESS
A.2026A General Obligation Bonds – Property Tax Abatement and Issuance of
Bonds - p. 12-43
B.Safe Routes to School Closeout – p. 44-46
C.Broadway/Washington Intersection Engineering – p. 47-50
D.City Assistance Request – p. 51-56
## IX.REPORTS
## A.MAYOR
## B.COUNCILMEMBERS
## C.CITY ADMINISTRATOR
## i.MAGC Northern Lights Award
## X.ADJOURNMENT
## Todd Prafke
## City Administrator
## CITY COUNCIL
## AGENDA MEMORANDUM 26-14
## REGULAR MEETING OF July 27, 2026
## 7:00 P.M.
## I.CALL TO ORDER
## M
ayor Nowell will call the meeting to order and lead the Pledge of Allegiance.
## I
## I.APPROVAL OF AGENDA
## A
motion to approve the agenda, as posted in accordance with the Open Meeting Law,
will be entertained. A MOTION is in order.
## II
## I.APPROVAL OF MINUTES
## A
copy of the minutes of the July 13, 2026 regular meeting is attached for approval. A
MOTION is in order.
## I
## V.PUBLIC HEARING
## A.P
## UBLIC HEARING ON 2026A GENERAL OBLIGATION BONDS - PROPERTY
## TAX ABATEMENT AND THE ISSUANCE OF BONDS
## A
s provided for in State Statute, a public hearing has been scheduled at this time
to consider public comments related to the proposed property tax abatement and
the issuance of bonds. Notice of the hearing has been duly published in the St.
Peter Herald and the affected property owners have been notified. Action t
o
c
onsider the abatement and issuance of bonds is scheduled under NEW
## BUSINESS.
## V.V
## ISITORS
## A.S
## CHEDULING OF VISITOR COMMENTS ON AGENDA ITEMS
## M
embers of the audience wishing to address the Council concerning an
agenda
it
em later in the meeting should be noted at this time.
## B.G
## ENERAL VISITOR COMMENTS
## M
embers of the Audience wishing to address the Council concerning items not
on the agenda may do so at this time
## CITY COUNCIL
## AGENDA MEMORANDUM 26-14
## REGULAR MEETING OF July 27, 2026
## 7:00 P.M.
## VI
## .APPROVAL OF CONSENT AGENDA ITEMS
The c
onsent agenda including approval of the disbursements for July 10, 2026 through
July 24, 2026 is recommended for approval. Please see the attached staff reports and
## RESOLUTION.
## V
## II.UNFINISHED BUSINESS
## N
one scheduled.
## V
## III.NEW BUSINESS
## A.2
## 026A GENERAL OBLIGATION BONDS – TAX ABATEMENT AND ISSUANCE
## OF BONDS
## A
ction is requested to approve a two RESOLUTIONS: one to approve the property
tax abatement and one for the issuance and awarding of the sale of the bonds
.
## P
lease see the attached Staff Report and RESOLUTION.
## B.SA
## FE ROUTES TO SCHOOL CLOSEOUT
## A
ction is requested to approve a RESOLUTION accepting the project as complete
and authorizing final payment to Nielsen Concrete, LLC or Kasota, MN. Pleas
e
see the attached staff report and RESOLUTION.
## C.BRO
## ADWAY/WASHINGTON INTERSECTION ENGINEERING
## A
ction is requested to approve a RESOLUTION approving engineering services
from Bolton & Menk, Inc. for the Broadway and Washington Avenue Intersection
Improvements. Please see the attached staff report and RESOLUTION.
## D.CI
## TY ASSISTANCE REQUEST – FIGHT FOR THE BOUNDARY WATERS
## BENEFIT
## A
ction is requested to approve a RESOLUTION approving a request for City
assistance for the Fight for the Boundary Waters benefit even. Please see the
attached staff report and RESOLUTION.
## IX.RE
## PORTS
## A.M AY
## O R
Any reports from the Mayor will be provided at this time.
## B. COUNCILMEMBERS
Any reports by the Councilmembers will be provided at this time.
## C.CIT
## Y ADMINISTRATOR
Any reports by the City Administrator will be provided at this time.
## X.EXECU
## TIVE SESSION
## A.ADOP
## TION OF A RESOLUTION CALLING FOR CLOSED SESSION RELATED
## TO REAL PROPERTY
As provided for in State Statutes, a closed session is recommended to discuss
real property.
## XI.ADJ
## OURNMENT
## Todd Prafke
## City Administrator
4
## CITY OF SAINT PETER, MINNESOTA
## OFFICIAL PROCEEDINGS
## MINUTES OF THE CITY COUNCIL MEETING
## JULY 13, 2026
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Saint
Peter was conducted in the Governors’ Room of the Community Center.
A quorum present, Mayor Nowell called the meeting to order at 7:06 p.m. The following
Councilmembers were present: Keri Johnson, Darrell Pettis, Dustin Sharstrom and Brad DeVos.
Mayor Nowell and Councilmembers Ben Ranft and Joshua Weisenfeld were absent. The following
officials w ere also present: City Administrator Todd Prafke, City Attorney James Brandt, Public
Works Director Pete Moulton, Community Development Director Ben Baker, and City Engineer
Jeffrey Domras.
Approval of Agenda – A motion was made by Pettis, seconded by Sharstrom, to approve the
agenda. With all in favor, the agenda was approved.
Approval of Minutes – A motion was made by Sharstrom, seconded by Pettis, to approve the
minutes of the June 22, 2026 regular City Council meeting. With all in favor, the minutes were
approved. A complete copy of the minutes of the June 22, 2026 regular City Council meeting is
contained in the City Administrator’s book entitled Council Proceedings 20.
Consent Agenda – In motion by Sharstrom, seconded by Pettis, Resolution No. 2026–122
entitled “Resolution Approving Consent Agenda”, was introduced. Upon roll call, with all in favor,
the Resolution was declared passed and adopted. A complete copy of Resolution No. 2026-122
is contained in the City Administrator’s book entitled Council Resolutions 26.
Public Works Facilities Optimization Consulting Services – Public Works Director Moulton
shared after a competitive bidding process ISG of Mankato was selected to complete the Public
Works Facilities Optimization Study. Moulton shared the study would evaluate current and future
facility needs, operational efficiencies, and long-term service opportunities. Moulton requested
approval to have ISG complete the study.
In motion by Ranft, seconded by Pettis, Resolution No. 2026-123 entitled “Resolution Authorizing
ISG of Mankato, Minnesota to Complete a Public Works Optimization Services Study“ was
introduced. Upon roll call, with all in favor, the Resolution was declared passed and adopted. A
complete copy of Resolution No. 2026-123 is contained in the City Administrator’s book entitled
Council Resolutions 26.
Donation Acceptance – City Administrator Prafke shared the Saint Peter Girls Fast Pitch Softball
Association had raised approximately $30,000 they were donating for the purchase and
installation of four scoreboards at Jefferson Park. Prafke noted the association and the City
entered into an agreement for the City to purchase and install the scoreboards with the donation
money provided by the association. Prafke requested acceptance of the donation and approval
of the agreement.
In motion by DeVos, seconded by Pettis, the Resolution No. 2026-1 24 entitled “Resolution
Approving the Agreement and Donation for Jefferson Park Scoreboards from the St. Peter Girls
Fastpitch Softball Association” was introduced. Upon roll call, with all in favor, the Resolution was
declared passed and adopted. A complete copy of Resolution No. 2026-124 is contained in the
City Administrator’s book entitled Council Resolutions 26.
5
## Reports
Mayor’s Report – Mayor pro tem Johnson had no reports.
Councilmember Reports – Councilmember DeVos shared a positive experience he had with
River’s Edge Clinic.
City Administrator Reports – City Administrator Prafke reviewed the City Hall offices moving to
their new location and stated that Council Meetings would continue to be held in their current
location in the Governors’ Room at the Community Center until August or September.
Executive Session – City Administrator Prafke requested a closed session for the discussion on
real estate at 105 East Brown Street.
In motion by Pettis, seconded by Sharstrom, Resolution No. 2026-125 entitled “Resolution Calling
for a Closed Session“ was introduced. Upon roll call, with all in favor, the Resolution was declared
passed and adopted. A complete copy of Resolution No. 2026-125 is contained in the City
Administrator’s book entitled Council Resolutions 26.
The Council adjourned to closed session at 7:24 p.m.
The closed session regarding 105 East Brown Street began at 7:32 p.m. and ended at 7:47 p.m.
The Council returned to open session at 7:47 p.m.
There being no further business, a motion was made by Sharstrom, seconded by DeVos, to
adjourn. With all in favor, the motion carried, and the meeting adjourned at 7: 47 p.m.
___________________________________
## Keri Johnson
Mayor pro tem
## ATTEST:
_________________________________
## Todd Prafke
## City Administrator
6
## CITY OF SAINT PETER, MINNESOTA
## PUBLIC HEARING PROCESS AND PROCEDURES
Public hearings conducted at City Council meetings will include an opportunity for the general
public and interested parties to hear and see all information and to ask questions, provide
additional information, express support or opposition, and/or suggest modifications to the
proposal.
The Mayor will conduct the public hearing. He/she will explain the procedure to be followed before
the hearing begins. The public will be allowed to participate and must follow the rules of conduct.
Hearings are formal proceedings and will be conducted as such. While everyone will be given an
opportunity to participate, comments should be germane to the topic at hand and concise. If many
people share the same viewpoint, the City Council encourages the appointment of a
spokesperson to avoid repetitive testimony.
The public hearing will be conducted in the following manner:
1. Staff Presentation - City staff, or consultants employed by the City, will identify the issue
of the hearing, explain any pertinent laws or regulations associated with the issue; and the
steps being taken by the City.
2. Applicant’s Presentation - In this portion of the hearing, the applicant (if applicable) has
the opportunity to present his or her case. However, no statement either for or against
the proposal should be accepted at this point.
3. Public Comment – Once staff and the applicant have completed their background
information, the public will be allowed to speak.
All speakers in the public comment portion of the hearing will be limited to five (5) minutes. The
Mayor may allow extended time at his/her discretion. All speakers will be encouraged to present
factual evidence for public consideration and to refrain from broad statements without any basis
of fact. Speakers may provide written materials to the Council. The Council will listen to
testimony, but will refrain from engaging in discussion with the speakers.
After all evidence and testimony has been received and everyone has been given an opportunity
to be heard, the public hearing will be closed by the Mayor. Action on the hearing issue may or
may not be scheduled for later in the meeting. If action is to be taken, the City Council will discuss
the issue in open session. During the Council discussion portion of the meeting, citizens will no
longer be allowed to participate.
7
## Memorandum
## TO: Todd Prafke DATE: 7/24/2026
## City Administrator
## FROM: Hayden Lacher
## Community Development Specialist
## RE: Temporary Gambling and Short-Term Beer Licenses
## ACTION/RECOMMENDATION
Provide approval of Temporary Gambling and Short-Term Beer licenses.
## BACKGROUND
The St. Peter Lions Club has submitted a Temporary Gambling License application to host raffles
at 800 W. College Ave on October 20, 2026.
The St. Peter Lions Club has submitted a Short Term On Sale Beer License application to serve
beer at Minnesota Square Park on September 12
th
and September 13
th
, 2026.
Should you have any questions or concerns on these agenda items, please do not hesitate to
contact me.
## HL/
8
## Memorandum
## TO: Todd Prafke DATE: 7/24/2026
## City Administrator
## FROM: Perry Solheim
## Finance Director
## RE: Disbursements
## ACTION/RECOMMENDATION
For your information, review, and approval.
## BACKGROUND
Included in the consent agenda is a summary of the fund expenditures for disbursements made
from July 10, 2026 to July 24, 2026 (totaling $2,362,499.52).
## FUND TOTALS
## 101 GENERAL FUND $137,916.79
## 211 LIBRARY FUND $3,294.99
## 213 PUBLIC ACCESS $861.00
## 217 COMMUNITY CENTER $9,560.73
## 219 AMERICAN RESCUE PLAN $5,760.50
## 230 REVOLVING LOAN FUND $5,940.00
## 324 2024 EQUIPMENT CERTIFICATE $49,169.16
## 332 2013B N THIRD TIF #18 $4,500.00
## 340 MSA BOND 2013C $11,100.00
341 361
## ST
## AVE BOND $6,066.80
## 342 ST JULIEN/OLD MN RDBT BON $6,955.90
## 343 HWY 169/22S/99W BOND $13,754.90
## 344 PARK ROW RECONSTR BOND $14,539.40
## 345 CLARK ST BOND 2023C $10,983.00
## 346 2024A BOND $93,430.84
## 360 TRAVERSE GREEN DIST #20 $12,058.75
## 362 N 3RD ST 2021A BOND $4,258.75
## 401 PERM IMPROVEMENT REVOLVING $48,097.98
## 462 N 3
## RD
## ST 2021A BOND $233,452.15
## 471 NEW CITY HALL CIP $513,483.12
## 601 WATER $127,573.80
## 602 WASTEWATER FUND $48,987.50
## 603 ENVIRO SERVICES FUND $42,641.14
## 604 ELECTRIC FUND $944,482.96
## 606 STORMWATER FUND $6,219.71
## 820 RESTRICTED CONTRIBUTIONS $4,612.54
## 830 MN RIVER VALLEY TRANSIT $2,797.11
## GRAND TOTAL: $2,362,499.52
9
The City Council, department heads and select staff have received a list of the vendor details and
amounts of these disbursements that total the amounts included in the main agenda packet.
Please feel free to contact me if you have any questions or concerns about this agenda item.
## PS
10
## CITY OF SAINT PETER, MINNESOTA
## RESOLUTION NO. 2026 -
## STATE OF MINNESOTA)
## COUNTY OF NICOLLET)
## CITY OF SAINT PETER)
## RESOLUTION APPROVING CONSENT AGENDA
## BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAINT PETER, NICOLLET
## COUNTY, MINNESOTA, THAT:
1. The following licenses and permits are approved:
## Temporary Gambling
St. Peter Lions Club 800 W. College Ave 10/20/2026
## Short Term On Sale Beer License
St. Peter Lions Club MN Square Park 9/12/2026-9/13/2026
2. The schedule of disbursements for July 10, 2026 through July 24, 2026 are approved.
Adopted by the City Council of the City of Saint Peter, Nicollet County, Minnesota, this 27
th
day
of July, 2026.
___________________________________
## Shanon A. Nowell
## Mayor
## ATTEST:
_________________________________
## Todd Prafke
## City Administrator
11
July 21, 2026
## City of Saint Peter
## Todd Prafke, City Administrator
## Perry Solheim, Director of Finance
## 227 South Front Street
## Saint Peter, MN 56082
## RE: 2026A General Obligation Bonds
## Honorable Mayor, Councilmembers, Administrator Prafke, and Director Solheim:
The City Council has previously initiated a competitive sale of bonds to fund project costs
associat
ed with the North Fourth Street Project, Gorman Park Improvements, Public Works Roof
Project, and the 2026 Equipment Certificate. On Monday, July 27, 2026, we will be receiving
bids for the purchase of the bonds and will be presenting those bids to
the City Council with a
recommendation regarding award that same evening.
The bond issue has been increased since our previous meeting when the sale was initiated
based on the expected change order of approximately $500,000 for the public works r oofing
project.
As part of the process for awarding the sale of bonds we will be holding a public hearing on the
t
ax abatement pledge that is being made for the Gorman Park Improvements. Following that
public hearing the Council will be asked to consider taking action on the enclosed abatement
resolution and the resolution providing for the award of the bond sale. A draft of the award
resolution for the proposed bond issue is attached and will be updated with information received
from
the low bidder on the day of sale.
Please feel free to contact me with any questions regarding the attached materials. Thank you
for your time and consideration.
## Sincerely,
## Shannon Sw
eeney, Associate
David Drown Associates, Inc.
12
## CIT
## Y OF SAINT PETER, MINNESOTA
## RESOLUTION NO. 2026 -
## STATE OF MINNESOTA)
## COUNTY OF NICOLLET)
## CITY OF SAINT PETER)
## RESOLUTION APPROVING PROPERTY TAX ABATEMENT FOR CERTAIN PROPERTY
## LOCATED IN THE CITY OF SAINT PETER
## NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAINT
## PETER, NICOLLET COUNTY, MINNESOTA, THAT:
Section 1. Recitals.
1.01. The City is considering granting a prospective property tax abatement (the
“Abatement”) in order to help finance a portion of improvements to be made in Gorman Park in
the City, (the “Project”), all pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815,
as amended (the “Act”).
1.02. Pursuant to Section 469.1813, Subdivision 1 of the Act, if the benefits to the City
of the proposed Abatement at least equal the costs to the City of the proposed Abatement, the
City may grant an abatement of all or a portion of the taxes imposed by the City on an affected
parcel of property if it finds that doing so is in the public interest because it will help construct
public facilities.
1.03. The City has identified residential parcels located in the City, as described in
Exhibit A hereto (the “Abatement Property”), which Abatement Property will be benefited by the
Project and from which the City proposes to abate a portion of the City’s share of taxes to help
finance the Project, subject to all the terms and conditions of this Resolution and the Act.
1.04. The City intends to pay for the Project through the issuance of approximately
$2,030,000 general obligation tax abatement bonds, issued pursuant to the Act (the “Bonds”), the
principal of which is expected to paid through the collection of Abatement revenues.
1.05. On the date hereof, this Council conducted a duly noticed public hearing on the
Abatement, at which the views of all interested persons were heard.
Section 2. Findings.
2.01. This Council finds and determines that the public benefits to the City from the
Abatement will be at least equal to the costs to the City of the Abatement, because (a) the
Abatement will help finance the Project which will result in the construction of public facilities within
the City, (b) the Project will provide access to services for residents of the City, and (c) The
Abatement Property is not and will not be located in a tax increment financing district during the
Abatement period.
2.02. This Council finds and determines that the Abatement is in the public interest and
confers public benefits for the reasons described in Section 2.01 hereof and because it will finance
a public facility.
13
## Sec
tion 3. Actions Ratified; Abatement Approved.
3.01. This Council ratifies all actions of the City’s staff and consultants in arranging for
approval of this Resolution in accordance with the Act.
3.02. Subject to the provisions of the Act, the Abatement is approved and adopted
subject to the following terms and conditions:
(a) The term “Abatement” is further defined to mean the City’s share of the real
property taxes generated from the Abatement Property, in the amounts described
in this Section:
(i) The Abatement shall be for a fifteen (15) year period and shall apply to the
City’s share of the taxes payable in the years 2027 through 2041.
(ii) The aggregate Abatement paid by the City during the term of this
Resolution will not exceed the amount necessary to pay 100% of the
principal on the Bonds, up to a maximum of $2,030,000.
(iii) In accordance with Section 469.1813, Subdivision 8 of the Act, in no year
shall the Abatement, together with all other abatements approved by the
City under the Act and paid in that year, exceed the greater of 10% of the
City’s net tax capacity for that year or $200,000 (the “Abatement Limit”).
The City may grant other abatements permitted under the Abatement Law
after the date of this resolution, provided that to the extent the total
abatements in any year exceed the Abatement Limit the allocation of the
Abatement Limit to such other abatements is subordinate to the Abatement
granted by this resolution.
(b) The City will pay the Abatement solely to finance the Project, through application
of Abatement amounts toward principal payments on the Bonds (including any
bonds issued to refund the Bonds).
(c) The Abatement shall be subject to all the terms and limitations of the Abatement
Law.
3.03. The Mayor and the City Administrator are authorized and directed to execute and
deliver any agreements, certificates or other documents that the City determines are necessary
to implement this Resolution.
Adopted by the City Council of the City of Saint Peter, Nicollet County, Minnesota, this 27
th
day
of July 2026.
___________________________________
## Shanon A. Nowell
ATTEST: Mayor
________________________________
## Todd Prafke
## City Administrator
14
## EX
## HIBIT A
## ABATEMENT PROPERTY
19.501.0490 19.501.0150 19.471.0180 19.791.3360 19.412.1470
19.501.0500 19.501.0170 19.412.0040 19.501.0030 19.412.1230
19.486.0010 19.501.0180 19.412.0035 19.501.0040 19.412.1240
19.486.0020 19.501.0190 19.412.0050 19.501.0050 19.412.1250
19.486.0030 19.501.0160 19.791.3640 19.791.3280 19.412.1260
19.486.0040 19.501.0110 19.791.3560 19.791.3300 19.412.1270
19.486.0050 19.471.0020 19.791.3570 19.791.3290 19.412.1280
19.486.0060 19.471.0040 19.791.3580 19.791.3310 19.412.1290
19.412.0070 19.471.0050 19.791.3590 19.791.3320 19.412.1300
19.412.0080 19.471.0060 19.791.3610 19.791.3330 19.412.1310
19.412.0090 19.471.0070 19.412.0025 19.791.3340 19.412.1320
19.501.0390 19.471.0090 19.501.0100 19.791.3350 19.412.1340
19.501.0410 19.471.0100 19.501.0090 19.412.1370 19.412.1355
19.501.0420 19.471.0110 19.501.0070 19.412.1360 19.791.2960
19.501.0430 19.471.0120 19.411.0010 19.412.1380 19.791.2970
19.501.0440 19.471.0130 19.411.0020 19.412.1390 19.791.2980
19.501.0450 19.471.0140 19.791.3430 19.412.1400 19.791.3000
19.501.0460 19.471.0150 19.791.3420 19.412.1410 19.503.1930
19.501.0470 19.471.0160 19.391.3400 19.412.1430 19.503.1940
19.501.0475 19.471.0220 19.791.3390 19.412.1440 19.503.1870
19.501.0480 19.471.0210 19.791.3380 19.412.1450
19.501.0140 19.471.0200 19.791.3370 19.412.1460
15
## CIT
## Y OF SAINT PETER, MINNESOTA
## RESOLUTION NO. 2026 -
## STATE OF MINNESOTA)
## COUNTY OF NICOLLET)
## CITY OF SAINT PETER)
## RESOLUTION AUTHORIZING THE ISSUANCE AND AWARDING THE SALE OF $6,505,000
## GENERAL OBLIGATION BONDS, SERIES 2026A, PLEDGING FOR THE SECURITY
## THEREOF SPECIAL ASSESSMENTS, NET REVENUES AND TAX ABATEMENTS AND
## LEVYING A TAX FOR THE PAYMENT THEREOF
WHEREAS, the City Council has heretofore determined and declared that it is necessary and
expedient to issue $6,505,000 General Obligation Bonds, Series 2026A (the "Bonds" or
individually a "Bond"), pursuant to Minnesota Statutes, Chapters 475; and
WHEREAS, Section 412.301 to finance the acquisition of capital equipment (the "Equipment");
and
WHEREAS, Section 429 to finance the construction of street improvement projects (the
"Improvements"); and
WHEREAS, Section 444.075 to finance improvements to the municipal water system, sanitary
sewer system and storm sewer system (the "Utility Improvements"); and
WHEREAS, Sections 469.1812 through 469.1815, particularly Section 469.1814, to finance the
costs related to the construction of a splash pad in Gorman Park (the "Tax Abatement Project");
and
WHEREAS, each item of Equipment to be financed by the Equipment Portion of the Bonds, as
hereinafter defined, has an expected useful life of at least as long as the term of the Equipment
Portion of the Bonds; and
WHEREAS, the amount of the principal amount of the Equipment Portion of the Bonds, as
hereinafter defined, does not exceed one-quarter of one percent (0.25%) of the estimated market
value of the taxable property in the City ($_____________ times 0.25% is $___________); and
WHEREAS, the Improvements and all their components have been ordered prior to the date
hereof, pursuant to the procedural requirements of Minnesota Statutes, Chapter 429; and
WHEREAS, the City owns and operates a municipal water system (the "Water System"), a
municipal storm sewer system (the "Storm Sewer System"), and a municipal sanitary sewer
system (the "Sanitary Sewer System", and together with the Water System and the Storm Sewer
System, the "System") as separate revenue producing public utilities; and
WHEREAS, the net revenues of the Water System are pledged to the payment of the City's
outstanding (1) General Obligation Water Revenue Note of 2009, in the original principal amount
of $1,509,483, dated April 15, 2009; (2) General Obligation Water Revenue Note of 2009, in the
original principal amount of $16,731,458, dated September 1, 2009; (3) General Obligation Water
Revenue Note of 2010, in the original principal amount of $896,750, dated April 7, 2010; and
16
(4)
General Obligation Water Revenue Bonds, Series 2017A, in the original principal amount of
$495,000, dated May 9, 2017 (together, the "Outstanding Water Bonds"); and
WHEREAS, the net revenues of the Sanitary Sewer System are pledged to the payment of the
City's outstanding General Obligation Sewer Revenue Refunding Bonds, Series 2019D, in the
original principal amount of $1,555,000, dated December 18, 2019 (the "Outstanding Sanitary
## Sewer Bonds"); and
WHEREAS, the net revenues of the System are pledged to the payment of the City's outstanding
General Obligation Improvement and Utility Revenue Bonds, Series 2023C, in the original
principal amount of $2,865,000, of which a portion was designated the "Utility Portion" in the
original principal amount of $1,990,000, dated September 12, 2023 (the "Outstanding Utility
Bonds"); and
WHEREAS, on July 27, 2026, following duly published notice thereof, the Council held a public
hearing on the proposed abatement to finance the Tax Abatement Project and all persons who
wished to speak or provide written information relative to the public hearing were afforded an
opportunity to do so; and
WHEREAS, the City has heretofore established a tax abatement program (the "Tax Abatement
Program") pursuant to the provisions of Minnesota Statutes, Sections 469.1812 through
469.1815, with respect to providing for the abatement of property taxes for a period of fifteen (15)
years on various properties in the City, as described in the resolution adopted by the City Council
on July 27, 2026, approving the Tax Abatement Program (the "Tax Abatement Resolution"); and
WHEREAS, the amount of the property taxes abated are estimated to be at least equal to the
principal on the Tax Abatement Portion of the Bonds, as hereinafter defined, and pursuant to the
provisions of the Tax Abatement Resolution, Bond proceeds are to be expended to provide money
to pay for the Tax Abatement Project; and
WHEREAS, the City has retained David Drown Associates, Inc., in Minneapolis, Minnesota
("David Drown"), 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 David
Drown; and
WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City
Administrator, or designee, at the offices of David Drown at 11:00 A.M. this same day pursuant
to the Terms of Offering established for the Bonds; and
WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as
hereinafter provided.
## NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAINT
## PETER, NICOLLET COUNTY, MINNESOTA, THAT:
1. Acceptance of Proposal. The proposal of ________________, ____________,
____________ (the "Purchaser"), to purchase the Bonds in accordance with the
Terms of Offering, 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 and is hereby
17
acc
epted, and the Bonds are hereby awarded to the Purchaser. The Finance
Director is directed to retain the deposit of the Purchaser.
2. Bond Terms.
(a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds
shall be dated August 11, 2026, as the date of original issue and shall be issued
forthwith on or after such date in fully registered form, shall 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 shall mature on February
1 in the years and amounts as follows:
## Year Amount Year Amount
2028 2036
2029 2037
2030 2038
2031 2039
2032 2040
2033 2041
2034 2042
2035 2043
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) Allocation. The aggregate principal amount of $___________ maturing in each of
the years and amounts hereinafter set forth is issued to finance the Equipment (the
"Equipment Portion" of the Bonds"); and the aggregate principal amount of
$_____________ maturing in each of the years and amounts hereinafter set forth
is issued to finance the Improvements (the "Improvement Portion" of the Bonds);
and the aggregate principal amount of $_____________ maturing in each of the
years and amounts hereinafter set forth is issued to finance the Utility
Improvements (the "Utility Revenue Portion" of the Bonds); and the aggregate
principal amount of $_____________ maturing in each of the years and amounts
hereinafter set forth is issued to finance the Tax Abatement Project (the "Tax
Abatement Portion" of the Bonds).
## Year
## Equipment
## Portion
## Improvement
## Portion
## Utility
## Revenue
## Portion
## Tax
## Abatement
## Portion Total
2028
2029
2030
2031
2032
2033
2034
2035
18
## Year
## Equipment
## Portion
## Improvement
## Portion
## Utility
## Revenue
## Portion
## Tax
## Abatement
## Portion Total
2036
2037
2038
2039
2040
2041
2042
2043
If Bonds are prepaid, the prepayments shall be allocated to the portions of debt
service (and hence allocated to the payment of Bonds treated as relating to a
particular portion of debt service) as provided in this paragraph. If the source of
prepayment moneys is the general fund of the City, or other generally available
source, including the levy of taxes, the prepayment may be allocated to any or all
portions of debt service in such amounts as the City shall determine. If the source
of the prepayment is special assessments pledged to the Improvements, the
prepayment shall be allocated to the Improvement Portion of debt service. If the
source of a prepayment is excess net revenues of the System pledged to the Utility
Improvements, the prepayment shall be allocated to the Utility Revenue Portion of
debt service. If the source of a prepayment is taxes abated for the Tax Abatement
Project, the prepayment shall be allocated to the Tax Abatement Portion of debt
service.
(c) 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").
(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
19
owner
ship 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 hereof, 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 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.
20
(v
iii) 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.
(x) 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:
(xi) 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.
(xii) 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.
(xiii) 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.
21
3. Pur
poses. The Equipment Portion of the Bonds shall provide funds to finance the
acquisition of the Equipment. The Improvement Portion of the Bonds shall provide
funds to finance the Improvements. The Utility Revenue Portion of the Bonds shall
provide funds to finance the Utility Improvements. The Tax Abatement Portion of
the Bonds shall provide funds to finance the Tax Abatement Project. The
## Equipment, the Improvements, the Utility Improvements, and the Tax Abatement
Project are herein referred to together as the "Project." Pursuant to the Tax
Abatement Resolution, the City's share of real estate taxes generated on the
property identified in the Tax Abatement Program (the "Tax Abatements") have
been pledged to the payment of the Tax Abatement Portion of the Bonds. The
principal amount of the Tax Abatement Portion of the Bonds does not exceed the
estimated amount of Tax Abatements, which is $2,030,000. Proceeds of the Tax
Abatement Portion of the Bonds shall be expended on costs or uses permitted by
Minnesota Statutes, Sections 469.1812 through 469.1815, and shall not be
expended on any costs or devoted to any other uses. The total cost of the Project,
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. The City covenants
that it shall do all things and perform all acts required of it to assure that work on
the Project proceeds with due diligence to completion and that any and all permits
and studies required under law for the Project 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, 2027, 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
2028 % 2036 %
2029 2037
2030 2038
2031 2039
2032 2040
2033 2041
2034 2042
2035 2043
5. Redemption. All Bonds maturing on February 1, 2034 and thereafter, shall be
subject to redemption and prepayment at the option of the City on February 1,
2033, 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 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 Holder
of the Bonds at least thirty (30) days prior to the date fixed for redemption.
22
To eff
ect a partial redemption of Bonds having a common maturity date, the Bond
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 Bond 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
such Bonds, as many numbers as, at $5,000 for each number, shall equal the
principal amount of such 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 each 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 City or Bond Registrar so requires,
a written instrument of transfer in form satisfactory to the City and Bond 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 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.
6. Bond Registrar. U.S. Bank Trust Company, National Association, in Saint Paul,
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 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 form set forth on Exhibit B attached hereto.
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 such Bond, substantially in the form set forth on Exhibit B attached hereto, shall
have been duly executed by an authorized representative of the Bond Registrar.
23
## Cer
tificates 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 August 11, 2026. 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.
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.
24
## Trans
fers 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 (15
th
) 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 established a special fund to be designated
"General Obligation Bonds, Series 2026A 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 in the manner herein specified until all of the Bonds
and the interest thereon have been fully paid. The Operation and Maintenance
Account for the Water System, the Operation and Maintenance Account for the
Storm Sewer System and the Operation and Maintenance for the Sanitary Sewer
System (collectively, the "Operation and Maintenance Accounts") heretofore
established by the City shall continue to be maintained in the manner heretofore
and herein provided by the City. All moneys remaining after paying or providing
for the items set forth in the resolution(s) establishing the Operation and
Maintenance Accounts shall constitute or are referred to as "net revenues" until
the Utility Revenue Portion of the Bonds have been paid. In such records there
shall be established accounts of the Fund for the purposes and in the amounts as
follows:
25
(a) C
apital Account. To the Capital Account there 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. From the Capital Account there
shall be paid all costs and expenses of making the Project, 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 Capital 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 Project, there shall remain any unexpended balance
in the Capital Account, the balance (other than any special assessments) may be
transferred to the Debt Service Account provided that any funds attributable to the
Improvement Portion of the Bonds may be transferred to the fund of any other
improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided
further that any special assessments credited to the Capital 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 shall be maintained separate subaccounts in the
Debt Service Account to be designated the "Equipment Debt Service Subaccount,"
the "Improvement Project Debt Service Subaccount," the "Utility Improvements
Project Debt Service Subaccount" and the "Tax Abatement Project Debt Service
Subaccount." There are hereby irrevocably appropriated and pledged to, and
there shall be credited to the separate subaccounts of the Debt Service Account:
(i) Equipment Debt Service Subaccount. To the Equipment Debt Service
Subaccount there shall be credited: (A) 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 Equipment Portion of the Bonds on or before
February 1, 2027; (B) all collections of taxes herein or hereinafter levied for
the payment of the Equipment Portion of the Bonds and interest thereon;
(C) a pro rata share of all funds remaining in the Capital Account after
completion of the Project and payment of the costs thereof; (D) all
investment earnings on funds held in the Equipment Debt Service
Subaccount; and (E) any and all other moneys which are properly available
and are appropriated by the governing body of the City to the Equipment
Debt Service Subaccount. The amount of any surplus remaining in the
Equipment Debt Service Subaccount when the Equipment Portion of the
Bonds and interest thereon are paid shall be used consistent with
## Minnesota Statutes, Section 475.61, Subdivision 4. The Equipment Debt
Service Subaccount shall be used solely to pay the principal and interest
on the Equipment Portion of the Bonds and any other general obligation
bonds of the City hereafter issued by the City and made payable from said
subaccount as provided by law.
26
(ii) I
mprovement Project Debt Service Subaccount. To the Improvement
Project Debt Service Subaccount there shall be credited: (A) 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 Improvement Portion
of the Bonds on or before February 1, 2027; (B) all collections of special
assessments herein covenanted to be levied with respect to the
Improvements and either initially credited to the Capital Account and not
already spent as permitted above and required to pay any principal and
interest due on the Improvement Portion of the Bonds or collected
subsequent to the completion of the Improvements and payment of the
costs thereof; (C) all collections of taxes herein or hereinafter levied for the
payment of the Improvement Portion of the Bonds and interest thereon; (D)
a pro rata share of all funds remaining in the Capital Account after
completion of the Project and payment of the costs thereof; (E) all
investment earnings on funds held in the Improvement Project Debt
Service Subaccount; and (F) any and all other moneys which are properly
available and are appropriated by the governing body of the City to the
Improvement Project Debt Service Subaccount. The amount of any
surplus remaining in the Improvement Debt Service Subaccount when the
Improvement Portion of the Bonds and interest thereon are paid shall be
used consistent with Minnesota Statutes, Section 475.61, Subdivision 4.
The Improvement Project Debt Service Subaccount shall be used solely to
pay the principal and interest on the Improvement Portion of the Bonds and
any other general obligation bonds of the City hereafter issued by the City
and made payable from said subaccount as provided by law.
(iii) Utility Improvements Project Debt Service Subaccount. To the Utility
Improvements Project Debt Service Subaccount there shall be credited:
(A) the net revenues of the System not otherwise pledged and applied to
the payment of other obligations of the City, in an amount, together with
other funds which may herein or hereafter from time to time be irrevocably
## appropriated to the Utility Improvements Project Debt Service Subaccount,
sufficient to meet the requirements of Minnesota Statutes, Section 475.61
for the payment of the principal and interest of the Utility Revenue Portion
of the Bonds; (B) all collections of taxes which may hereafter be levied in
the event that the net revenues of the System and other funds herein
pledged to the payment of the principal and interest on the Utility Revenue
Portion of the Bonds are insufficient therefor; (C) a pro rata share of all
funds remaining in the Capital Account after completion of the Project and
payment of the costs thereof; (D) all investment earnings on funds held in
the Utility Improvements Project Debt Service Subaccount; and (E) any and
all other moneys which are properly available and are appropriated by the
governing body of the City to the Utility Improvements Project Debt Service
Subaccount. The amount of any surplus remaining in the Utility
## Improvements Project Debt Service Subaccount when the Utility Revenue
Portion of the Bonds and interest thereon are paid shall be used consistent
with Minnesota Statutes, Section 475.61, Subdivision 4. The Utility
Improvements Project Debt Service Subaccount shall be used solely to pay
the principal and interest on the Utility Revenue Portion of the Bonds and
27
any
other general obligation bonds of the City hereafter issued by the City
and made payable from said subaccount as provided by law.
(iv) Tax Abatement Project Debt Service Subaccount. To the Tax Abatement
Project Debt Service Subaccount there shall be credited: (1) Tax
Abatements; (2) all collections of taxes herein and hereafter levied for the
payment of the Tax Abatement Portion of the Bonds; (3) 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 Tax Abatement Portion
of the Bonds on or before February 1, 2027; (4) a pro rata share of all funds
remaining in the Construction Account after completion of the Tax
Abatement Project and payment of the costs thereof; (5) all investment
earnings on funds held in the Tax Abatement Project Debt Service
Subaccount; and (6) any and all other moneys which are properly available
and are appropriated by the governing body of the City to the Tax
Abatement Debt Service Subaccount. The amount of any surplus
remaining in the Tax Abatement Project Debt Service Subaccount when
the Tax Abatement Portion of the Bonds and interest thereon are paid shall
be used consistent with Minnesota Statutes, Section 475.61, Subdivision
4. The Tax Abatement Debt Service Subaccount shall be used solely to
pay the principal and interest on the Tax Abatement Portion of the Bonds.
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 this effect, any proceeds of the Bonds and any
sums from time to time held in the Capital Account, Operation and
Maintenance Accounts 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 said 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. Covenants Relating to the Equipment Portion of the Bonds.
(a) Tax Levy. To provide moneys for payment of the principal and interest on the
Equipment Portion of 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
28
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:
## Year of Tax Levy Year of Tax Collection Amount
## See Attached Schedule in Exhibit C
(b) Coverage Test. The tax levies are such that if collected in full they, together with
other revenues herein pledged for the payment of the Equipment Portion 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 Equipment Portion of the
Bonds. The tax levies shall be irrepealable so long as any of the Equipment
Portion 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.
17. Covenants Relating to the Improvement Portion of the Bonds.
(a) Special 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 special 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 special 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 special
assessments a valid and binding lien upon such property.
The special assessments have heretofore been authorized. Subject to such
adjustments as are required by 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, including both principal and interest, with interest
at a rate per annum set forth below:
## Improvement
## Designation(s) Levy Years Collection Years Amount
## See Attached Schedule in Exhibit C
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
29
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.
(b) Tax Levy. To provide moneys for payment of the principal and interest on the
Improvement Portion of 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:
## Levy Years Collection Years Amount
## See Attached Schedule in Exhibit C
(c) Coverage Test. The tax levies are such that if collected in full they, together with
estimated collections of special assessments pledged for the payment of the
Improvement Portion of the Bonds, and together with other revenues herein
pledged for the payment of the Improvement Portion 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 Improvement Portion of 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. Covenants Relating to the Utility Revenue Portion of the Bonds.
(a) Sufficiency of Net Revenues; Coverage Test. It is hereby found, determined and
declared that the net revenues of the System are sufficient in amount to pay when
due the principal of and interest on the Utility Revenue Portion of the Bonds and
the Outstanding Utility Bonds and a sum at least five percent in excess thereof.
The net revenues of the Water System are sufficient in amount to pay when due
the principal of and interest on the Outstanding Water Bonds and a sum at least
five percent in excess thereof. The net revenues of the Sanitary Sewer System
are sufficient in amount to pay when due the principal of and interest on the
Outstanding Sanitary Sewer Bonds and a sum at least five percent in excess
thereof. The net revenues of the System are hereby pledged on a parity with the
Outstanding Water Bonds, the Outstanding Sanitary Sewer Bonds and the
Outstanding Utility Bonds for the payment of the Utility Revenue Portion of the
Bonds and shall be applied for that purpose, but solely to the extent required to
meet the principal and interest requirements of the Bonds as the same become
due.
Nothing contained herein shall be deemed to preclude the City from making further
pledges and appropriations of the net revenues of the System for the payment of
other or additional obligations of the City, provided that it has first been determined
by the City Council that the estimated net revenues of the System will be sufficient
in addition to all other sources, for the payment of the Utility Revenue Portion of
the Bonds and such additional obligations and any such pledge and appropriation
of the net revenues may be made superior or subordinate to, or on a parity with
the pledge and appropriation herein.
30
(b) E
xcess Net Revenues. Net revenues in excess of those required for the foregoing
may be used for any proper purpose.
(c) Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes,
Section 444.075, the City hereby covenants and agrees with the Holders of the
Bonds that it will impose and collect charges for the service, use, availability and
connection to the System at the times and in the amounts required to produce net
revenues adequate to pay all principal and interest when due on the Utility
Revenue Portion of the Bonds. Minnesota Statutes, Section 444.075, Subdivision
2, provides as follows: "Real estate tax revenues should be used only, and then
on a temporary basis, to pay general or special obligations when the other
revenues are insufficient to meet the obligations."
19. Covenants Relating to the Tax Abatement Portion of the Bonds.
(a) Tax Abatements; Use of Tax Abatements. The City Council has adopted the Tax
Abatement Resolution and has thereby approved the Tax Abatements, including
the pledge thereof to the payment of the Tax Abatement Portion of the Bonds. The
City Council hereby confirms the Tax Abatement Resolution, which is hereby
incorporated as though set forth herein.
(b) Tax Levy. To provide moneys for payment of principal and the interest on the Tax
Abatement Portion of 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:
## Levy Years Collection Years Amount
## See Attached Schedule in Exhibit C
(c) Coverage Test. The tax levies are such that if collected in full they, together with
other revenues herein pledged for the payment of the Tax Abatement Portion of
the Bonds and together with estimated collections of Tax Abatements, will produce
at least five percent in excess of the amount needed to meet when due the principal
and interest payments on the Tax Abatement Portion of the Bonds. The tax levies
shall be irrepealable so long as any of the Tax Abatement Portion 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.
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
net revenues of the System appropriated and pledged to the payment of principal
and interest on the Utility Revenue Portion of the Bonds, together with other funds
irrevocably appropriated to the Utility Improvements Project Debt Service
Subaccount herein established, shall at any time be insufficient to pay such
principal and interest when due, the City covenants and agrees to levy, without
limitation as to rate or amount an ad valorem tax upon all taxable property in the
City sufficient to pay such principal and interest as it becomes due. If the balance
31
in t
he 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. 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.
22. 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 sixty 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 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 "Program"); and (iii) states the
maximum principal amount of debt expected to be issued by the City for the
purpose of financing the Program; provided, however, that no such Declaration
32
shal
l necessarily have been made with respect to: (i) "preliminary expenditures"
for the Program, 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 18 months after the later
of (i) the date of the payment of the Reimbursement Expenditure, or (ii) the date
on which the Program to which the Reimbursement Expenditure relates is first
placed in service, but in no event more than three years after the date of payment
of the Reimbursement Expenditure.
(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.
23. 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.
(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
33
and shal
l 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.
24. Certificate of Registration and Tax Levy. A certified copy of this resolution is
hereby directed to be filed with the with the Auditor-Treasurer of Nicollet County,
Minnesota, together with such other information as the Auditor-Treasurer shall
require, and there shall be obtained from the Auditor-Treasurer a certificate that
the Bonds have been entered in the Auditor-Treasurer's Bond Register and that
the tax levy required by law has been made.
25. Records and Certificates. The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to bond counsel, 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.
26. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby
covenants not to use the proceeds of the Bonds or to use the Project, or to cause
or permit them to be used, or to enter into any deferred payment arrangements for
the cost of the Project, 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.
27. Tax-Exempt Status of the Bonds; Rebate.
(a) Allocation to the Improvement Portion of the Bonds, the Utility Revenue Portion of
the Bonds and the Tax Abatement Portion of the Bonds. 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
Improvement Portion of the Bonds, the Utility Revenue Portion of the Bonds and
the Tax Abatement Portion of 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 Improvement Portion of
the Bonds, the Utility Revenue Portion of the Bonds and the Tax Abatement
Portion of the Bonds, and (iii) the rebate of excess investment earnings to the
United States. The City expects to satisfy the 24-month exemption for gross
proceeds of the Improvement Portion of the Bonds, the Utility Revenue Portion of
the Bonds and the Tax Abatement Portion of the Bonds as provided in Section
1.148-7(e) of the Regulations. The Mayor and/or City Administrator and/or
34
## Financ
e Director are hereby authorized and directed to make such elections as to
arbitrage and rebate matters relating to the Improvement Portion of the Bonds, the
Utility Revenue Portion of the Bonds and the Tax Abatement Portion of the Bonds
as they deem necessary, appropriate or desirable in connection with the
Improvement Portion of the Bonds, the Utility Revenue Portion of the Bonds and
the Tax Abatement Portion of the Bonds, and all such elections shall be, and shall
be deemed and treated as, elections of the City.
(b) Allocation to the Equipment Portion of the Bonds. 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 Equipment
Portion of the Bonds, including without limitation (a) requirements relating to
temporary periods for investments, (b) limitations on amounts invested at a yield
greater than the yield on the Equipment Portion of the Bonds, and (c) the rebate
of excess investment earnings to the United States. The City expects to satisfy
the 18-month expenditure exemption for gross proceeds of the Equipment Portion
of the Bonds as provided in Section 1.148-7(d) of the Regulations. The Mayor
and/or City Administrator and/or Finance Director are hereby authorized and
directed to make such elections as to arbitrage and rebate matters relating to the
Bonds as they deem necessary, appropriate or desirable in connection with the
Bonds, and all such elections shall be, and shall be deemed and treated as,
elections of the City.
28. 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 2026 will not exceed $10,000,000; and
(e) not more than $10,000,000 of obligations issued by the City during this calendar
year 2026 have been designated for purposes of Section 265(b)(3) of the Code;
and
(f) the aggregate face amount of the Bonds does not exceed $10,000,000.
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.
35
29. Of
ficial Statement. The Official Statement relating to the Bonds prepared and
distributed by David Drown 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.
30. 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
31. 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.
Adopted by the City Council of the City of Saint Peter, Nicollet County, Minnesota, this 27
th
day
of July 2026.
___________________________________
## Shanon A. Nowell
ATTEST: Mayor
________________________________
## Todd Prafke
## City Administrator
36
## EXHI
## BIT A
## PROPOSALS
[To be supplied by David Drown Associates, Inc.]
37
## EXHI
## BIT B
## FORM OF BOND
## UNITED STATES OF AMERICA
## STATE OF MINNESOTA
## NICOLLET COUNTY
## CITY OF SAINT PETER
## R- ____________ $________________
## GENERAL OBLIGATION BOND, SERIES 2026A
Interest Rate Maturity Date Date of Original Issue CUSIP
______% February 1, 20___ August 11, 2026
## REGISTERED OWNER: CEDE & CO.
## PRINCIPAL AMOUNT: ____________________________
The City of Saint Peter, Nicollet 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, 2027, at the rate per annum specified above (calculated on the basis of a 360-day
year of twelve 30-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 principal office of
U.S. Bank Trust Company, National Association, in Saint Paul, 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 (15
th
) 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.
38
## Opt
ional Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2034,
and thereafter, are subject to redemption and prepayment at the option of the Issuer on February
1, 2033, 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 Holder of the Bonds at least thirty (30) days prior to the
date fixed for redemption.
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 such 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 $6,505,000, all of like date of original issue and tenor, except as to number, maturity,
interest rate, denomination and redemption privilege, 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 on July 27, 2026 (the "Resolution"), for the purpose of providing money to finance
(i) the acquisition of capital equipment; (ii) the Issuer's street improvement projects; (iii)
improvements to the municipal water system, sanitary sewer system and storm sewer system;
and (iv) the costs related to the construction of a splash pad in Gorman Park, all within the
jurisdiction of the Issuer. This Bond is payable out of the General Obligation Bonds, Series 2026A
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 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
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 office of the Bond Registrar.
39
## Trans
fer. This Bond is transferable by the Holder in person or the Holder's attorney duly
authorized in writing at the 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; that the Issuer has
covenanted and agreed with the Holders of the Bonds that it will impose and collect charges for
the service, use and availability of its municipal water, sanitary sewer and stormwater utility
systems (collectively, the "System") at the times and in amounts necessary to produce net
revenues, together with other sums pledged to the payment of the Utility Revenue Portion of the
Bonds, as defined in the Resolution, adequate to pay all principal and interest when due on the
Utility Revenue Portion of the Bonds; and that the Issuer will levy a direct, annual, irrepealable ad
valorem tax upon all of the taxable property of the Issuer, without limitation as to rate or amount,
for the years and in amounts sufficient to pay the principal and interest on Utility Revenue Portion
of the Bonds as they respectively become due, if the net revenues from the System, and any
other sums irrevocably appropriated to the Debt Service Account are insufficient therefor; 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.
IN WITNESS WHEREOF, the City of Saint Peter, Nicollet 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.
40
## Date of Registration:
_____________
## BOND REGISTRAR'S
## CERTIFICATE OF
## AUTHENTICATION
This Bond is one of the
Bonds described in the
Resolution mentioned
within.
## U.S. BANK TRUST COMPANY,
## NATIONAL ASSOCIATION
## Saint Paul, Minnesota,
## Bond Registrar
By: ___________________
## Authorized Signature
## Registrable by: U.S. BANK TRUST COMPANY,
## NATIONAL ASSOCIATION
Payable at: U.S. BANK TRUST COMPANY,
## NATIONAL ASSOCIATION
## CITY OF SAINT PETER,
## NICOLLET COUNTY, MINNESOTA
## [DO NOT SIGN THIS FORM OF BOND]
## Mayor
## [DO NOT SIGN THIS FORM OF BOND]
## City Administrator
41
## ABBREVI
## ATIONS
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 effect 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.)
42
## EXHI
## BIT C
## SCHEDULES
[To be supplied by David Drown Associates, Inc.]
43
## Memorandum
## TO: Todd Prafke DATE: 7/24/2026
## City Administrator
## FROM: Pete Moulton
## Public Works Director
RE: Final Acceptance and Closeout of 2024 Safe Routes to School (SRTS) Improvements
## ACTION/RECOMMENDATION
Accept the 2024 Safe Routes to School (SRTS) Improvements as complete and authorize final
payment to Nielsen Concrete, LLC of Kasota, Minnesota in the amount of $48,097.98.
## BACKGROUND
In 2023, the Council authorized staff to begin designing the 2024 Safe Routes to School Project.
The proposed improvements included new concrete sidewalk in the following areas:
- East side of North Washington Avenue between Chestnut and Sumner Streets
- East side of Church Street between Traverse Road and Woodland Street
- North side of Traverse Road between Church Street and McGill Place
## - McGill Place between Traverse Road and Lower Johnson Circle
- Jefferson Avenue between Valley View Road and South Washington Avenue
- South 7
th
## Street between Jefferson Avenue and South Elementary School
The project also includes the addition of a raised median on Broadway Avenue at the west parking
lot entrance to the Middle School and replacing the existing school crossing beacons at the
intersection of Broadway Avenue and Lincoln Drive with the rectangular rapid flashing beacons.
The Contractor’s bid amount was $949,149.07 and the final construction cost was $937,079.27.
I recommend accepting the project as completed to City specifications.
## FISCAL IMPACT:
The project is funded by a combination of federal grants, Municipal State Aid (MSA), and local
funds:
## Federal Grant $744,943.42
Municipal State Aid (MSA) $107,060.64
Local $ 85,075.21
Total $937,079.27
44
## ALTERNATIVES/VARIATIONS
Do not act: Staff will seek additional Council input.
Negative vote: Staff will seek City Council direction.
Modification of the Resolution: This is always an option of the City Council.
Please feel free to contact me should you have any questions or concerns on this agenda item.
## PM
45
## CITY OF SAINT PETER, MINNESOTA
## RESOLUTION NO. 2026 -
## STATE OF MINNESOTA)
## COUNTY OF NICOLLET)
## CITY OF SAINT PETER)
## RESOLUTION ACCEPTING THE 2024 SAFE ROUTES TO SCHOOL IMPROVEMENTS AS
## COMPLETE AND AUTHORIZE FINAL PAYMENT
WHEREAS, in 2023, the Council authorized staff to begin designing the 2024 Safe Routes to
## School Project.; and
WHEREAS, sidewalk improvements were completed as follows.
- East side of North Washington Avenue between Chestnut and Sumner Streets
- East side of Church Street between Traverse Road and Woodland Street
- North side of Traverse Road between Church Street and McGill Place
## - McGill Place between Traverse Road and Lower Johnson Circle
- Jefferson Avenue between Valley View Road and South Washington Avenue
- South 7
th
## Street between Jefferson Avenue and South Elementary School
WHEREAS, a raised median on Broadway Avenue was installed to assist with pedestrian
crossing at the west parking lot entrance to the Middle School; and, the flashing school crossing
beacons were replaced with rectangular rapid flashing beacons at Lincoln Drive.
## NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAINT
## PETER, NICOLLET COUNTY, MINNESOTA, THAT:
1. The City Council hereby accepts the Safe Routes to School improvements project as
complete and authorizes final payment to Nielsen Concrete, LLC of Kasota, Minnesota in
the amount of $48,097.98.
2. The project is funded by a combination of federal grant, Municipal State Aid, and Local
funds:
## Federal Grant $744,943.42
## Municipal State Aid $107,060.64
Local $ 85,075.21
Total $937,079.27
Adopted by the City Council of the City of Saint Peter, Nicollet County, Minnesota, this 27
th
day
of July 2026.
___________________________________
## Shanon A. Nowell
ATTEST: Mayor
________________________________
## Todd Prafke
## City Administrator
46
## Memorandum
## TO: Todd Prafke DATE: 7/24/2026
## City Administrator
## FROM: Pete Moulton
## Director of Public Works
## RE: 2026 Broadway and Washington Avenue Intersection Improvements – Engineering
## Services
## ACTION/RECOMMENDATION
Approve engineering services from Bolton & Menk, Inc. for the Broadway and Washington Avenue
Intersection Improvements in the amount not to exceed $186,400.00.
## BACKGROUND
An Intersection Control Evaluation (ICE) Study was completed and examined in October of 2024
for vehicle and pedestrian traffic at the intersection. Based on current and future traffic volumes,
the ICE Study determined intersection performance can improve now, and in the future by
improving the intersection. The ICE Study considered the cost and performance of the following
intersection improvements:
• Addition of dedicated turn lanes
• Addition of traffic signal system
• Construction of a roundabout
Based on the analysis, the ICE Study recommended construction of a roundabout because it
provides the highest cost-to-benefit ratio. The estimated construction cost of a roundabout is
$2,441,000.
Our first goal is to begin survey work to determine additional Right-of-Way (ROW) needs. We
anticipate a small triangular piece of property will be needed in the northwest, southwest, and
southeast corners of the intersection. To transfer the property for use as Public ROW, a ROW
Plat is proposed. Preliminary and final design (including lighting design), and ROW Plat
preparation will take place in March, allowing the months of April and May for agency review and
bidding. A bid opening is proposed for early May; this is an aggressive timeline, but I believe it
can be achieved.
In the fall of 2026, the City of Saint Peter will apply for Local Road Improvement Program (LRIP)
grant funding.
Bolton & Menk has determined that the preparing of plans and specifications and bidding with
roundabout improvements follow the breakdown below:
47
Gopher State One Call, Topographical Survey, Property Lines $ 16,000
## Preliminary Engineering, Concept Development, Property Owner Meeting $ 35,000
Final Plans & Specifications, MnDOT Approval $129,000
Bidding Services $ 6,400
Total $186,400
## FISCAL IMPACT:
The above noted services are proposed to be completed at Bolton & Menk’s normal hourly rates
for a fee not to exceed $186,400.
As part of the proposed roundabout construction, old sanitary sewer and watermain pipe are
proposed to be replaced within the project limits. New pedestrian facilities and lighting are also
proposed. The estimated cost of the improvements, including engineering, is as follows:
## Improvement Estimated Cost (Const + Engr) Funding Source
## Sanitary Sewer $140,400 City
## Watermain $131,400 City
## Lighting and Electrical $122,000 MSA
Roadway Improvements $1,500,000 LRIP (if funding application is successful)
## Roadway Improvements $200,000 MnDOT
## Roadway Improvements $348,100 MSA
## Total Estimated Cost $2,441,000
If the 2027 LRIP funding application is successful, $1,500,000 of LRIP funding would be available
for roadway improvements, and MnDOT would contribute approximately $200,000 through a
detour agreement. City sanitary sewer and water utilities would be responsible for approximately
$272,000, with the remaining estimated balance of $470,100 eligible for MSA funding. If LRIP
funding is not awarded, the City would need to determine whether to advance the project with
alternative funding or defer the permanent roundabout and proceed with temporary signal
improvements for the 2028 detour.
To assist the City with preparing plans and specifications and bidding the Washington and
Broadway Avenues roundabout improvements in spring 2027, we propose to locate property
corners, complete a topographic survey, request existing utility locates through Gopher State One
Call, prepare a concept for public review, develop plans and specifications, and assist with
bidding. The scope also includes tailoring the plans and specifications to meet LRIP requirements
if funding is awarded, along with coordination for project-specific considerations such as Johnson
Park, traffic control, permitting, and MnDOT approvals.
## ALTERNATIVES AND VARIATIONS:
Do not act: Staff will seek additional City Council input.
Negative Vote: Staff will seek City Council direction.
Modification to the Resolution: This is always an option of the City Council.
Please feel free to contact me should you have any concerns or questions on this agenda item.
## PM
48
## CITY OF SAINT PETER, MINNESOTA
## RESOLUTION NO. 2026-
## STATE OF MINNESOTA)
## COUNTY OF NICOLLET)
## CITY OF SAINT PETER)
## RESOLUTION APPROVING 2026 BROADWAY AND WASHINGTON AVENUE
## INTERSECTION IMPROVEMENTS ENGINEERING SERVICES
WHEREAS, in October 2024 Bolton & Menk Engineering completed an Intersection Control
Evaluation (ICE) study which determined that a roundabout at the intersection of Broadway and
Washington Avenue provides the best benefit to the Saint Peter community; and
WHEREAS, it was determined that a single lane round-a-bout would provide the best safety and
delay benefit; and
WHEREAS, the grant application will identify the need for intersection improvements at Broadway
and Washington Avenue intersection; and
WHEREAS, as part of the proposed roundabout construction, old sanitary sewer and watermain
pipe are proposed to be replaced within the project limits. New pedestrian facilities and lighting
are also proposed. The estimated cost of the improvements, including engineering, is as follows:
## Improvement Estimated Cost (Const + Engr) Funding Source
## Sanitary Sewer $140,400 City
## Watermain $131,400 City
## Lighting and Electrical $122,000 MSA
Roadway Improvements $1,500,000 LRIP (if funding application is successful)
## Roadway Improvements $200,000 MnDOT
## Roadway Improvements $348,100 MSA
## Total Estimated Cost $2,441,000
WHEREAS, the City of Saint Peter will apply for grant funding through Local Roads Improvement
Program (LRIP) from the State of Minnesota in October, if the 2027 LRIP funding application is
successful, $1,500,000 of LRIP funding would be available for roadway improvements, and
MnDOT would contribute approximately $200,000 through a detour agreement. City sanitary
sewer and water utilities would be responsible for approximately $272,000, with the remaining
estimated balance of $470,100 eligible for MSA funding. If LRIP funding is not awarded, the city
would need to determine whether to advance the project with alternative funding or defer the
permanent roundabout and proceed with temporary signal improvements for the 2028 detour; and
WHEREAS, to assist the City with preparing plans and specifications and bidding the Washington
and Broadway Avenues roundabout improvements in spring 2027, we propose to locate property
corners, complete a topographic survey, request existing utility locates through Gopher State One
Call, prepare a concept for public review, develop plans and specifications, and assist with
bidding. The scope also includes tailoring the plans and specifications to meet LRIP requirements
if funding is awarded, along with coordination for project-specific considerations such as Johnson
Park, traffic control, permitting, and MnDOT approvals.
49
.
## NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAINT
## PETER, NICOLLET COUNTY, MINNESOTA, THAT:
1.) The City Council hereby approves Bolton & Menk to complete the engineering
services in the amount not to exceed $186,400.00.
Adopted by the City Council of the City of Saint Peter, Nicollet County, Minnesota, and this 27
th
day of July, 2026.
## Shanon A. Nowell
## Mayor
## ATTEST:
## Todd Prafke
## City Administrator
50
## Memorandum
## TO: Honorable Mayor Nowell DATE: 7/24/2026
## Members of the City Council
## FROM: Todd Prafke
## City Administrator
## RE: City Assistance Request: Fight for the Boundary Waters Benefit
## ACTION/RECOMMENDATION
Approve a request by the organizers of the Fight for the Boundary Waters benefit event being
held in St. Peter August 14, 2026.
## BACKGROUND
The organizers have requested the following assistance:
• Use of Minnesota Square Park from August 12-15, 2026.
• Allow for installation of tent in the park contingent upon organizer’s compliance with
## Gopher State One Call regulations and procedures
• Use of City electricity on August 12-15, 2026.
• Use of picnic tables with additional tables delivered or relocated within the Park.
• Use of the restroom facility including supplies and use of a key to the facility.
• Use of traffic cones/portable barricades to control vehicle access to the park
• Lighting in the park and at the pavilion
Staff recommends approval of the request contingent upon the following:
• Limiting vehicular access to the park to vendors on the north plaza.
• Organizers providing for refuse disposal, additional restroom facilities as required and
disposal of any and all waste and debris resulting from the event.
• Return of the park to pre-event condition.
• Prior to the event the organizers providing the City with a certificate of insurance in an amount
not less than $1,500,000 per occurrence naming the City as an additional insured.
• On street parking restrictions (handicap and vendor loading/unloading) as directed by the
Public Works Director and Police Chief.
If requested by the organizers, City staff will also provide mosquito spraying prior to the event.
## FISCAL IMPACT:
The expected cost for the requested assistance will be $3,000.
51
## ALTERNATIVES/VARIATIONS:
Do Not Act: Staff will provide no assistance without additional direction from the Council which
means the festival would not be allowed.
Negative Vote: No City assistance will be provided without additional direction from the Council
which means the festival would not be allowed.
Modification of the Resolution: This is always an option of the Council.
Please let me know if you have any questions or concerns about this agenda item.
## TP/ks
52
## Shailin O’Brien-Event Organizer
## 119 ½ Minnesota Avenue S
## St. Peter, MN 56082
507-514-8467
boundarywaters@mankatomakerspace.org
## Monday, June 29
th
, 2026
RE: Request for City Assistance and Support for Fight for the Boundary Waters
## Dear Saint Peter City Council Members and City Administrator Prafke,
I am writing to formally request city assistance and a letter of support for the upcoming
Fight for the Boundary Waters benefit event which will be held on Friday, August 14
th
,
2026 from 3pm to 10pm at Minnesota Square Park.
Our planning committee is excited to bring a new event to Minnesota Square Park in
support of the Boundary Waters. We envision Fight for the Boundary Waters as an
opportunity to bring our community together while attracting residents and visitors to the
event. As this is a first-time event, we estimate attendees to range between 300-500
people. To help ensure a safe, successful, and well-organized event, we respectfully
request the following logistical and financial support from the City of Saint Peter:
● Use of Minnesota Square Park for set up, take down, and operation of the event
from Wednesday, August 12
th
to Saturday, August 15th.
● Use of city electricity for the event.
● Use of picnic tables in Minnesota Square Park.
● Allow for installation of a tent in the park contingent upon the organizer’s
compliance with Gopher State One Call regulations and procedures.
● Use of the park restroom facilities, including supplies and use of a restroom key
as well as restock and cleaning of restrooms prior to the event.
● Placement of stage in the Pavilion at no cost our organization.
● Use of traffic cones and portable barricades to control vehicle access to the park.
● Request for lighting in the park and at the pavilion.
We are committed to working closely with city officials to ensure our event complies with
safety and parking guidelines and noise ordinances. Including, returning the park to pre-
event condition. Our Organization is working with State Farm to acquire a certificate of
insurance.
We kindly ask that the City Council review and approve this request for assistance at
the earliest available council meeting.
Thank you for your continued support of community events, especially new
opportunities to showcase local musical talent and support a benefit for a good cause.
We look forward to partnering with the city to make this year’s event a success.
Please contact me directly regarding this event as I have additional questions relating to
what is needed for a first-time event.
53
## Sincerely,
## Shailin O’Brien
## Fight for the Boundary Waters
54
## CITY OF SAINT PETER, MINNESOTA
## RESOLUTION NO. 2026 -
## STATE OF MINNESOTA)
## COUNTY OF NICOLLET)
## CITY OF SAINT PETER)
## RESOLUTION APPROVING REQUEST FOR CITY ASSISTANCE FOR FIGHT FOR THE
## BOUNDARY WATERS BENEFIT
WHEREAS, a request has been submitted for City assistance for the “Fight for the Boundary
## Waters Benefit”; and
WHEREAS, the event will take place at Minnesota Square Park on August 14, 2026; and
WHEREAS, City staff has reviewed the request and is recommending limited approval; and
WHEREAS, the City Council has previously approved City assistance for similar community
events.
## NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAINT
## PETER, NICOLLET COUNTY, MINNESOTA, THAT:
1. The request for City assistance for the Minnesota Original Music Festival is hereby
approved as follows:
• Use of Minnesota Square Park from August 12-15, 2026.
• Allow for installation of tent in the park contingent upon organizer’s compliance with
## Gopher State One Call regulations and procedures
• Use of City electricity on August 12-15, 2026.
• Use of picnic tables with additional tables delivered or relocated within the Park.
• Use of the restroom facility including supplies and use of a key to the facility.
• Use of traffic cones/portable barricades to control vehicle access to the park
• Lighting in the park and at the pavilion
2. City assistance is provided contingent upon the following conditions being met and
adhered to:
• Limiting vehicular access to the park
• Organizers providing for refuse disposal, additional restroom facilities as required and
disposal of any and all waste and debris resulting from the event.
• Return of the park to pre-event conditions.
• Prior to the event the organizers providing the City with a certificate of insurance in an
amount not less than $1,500,000 per occurrence naming the City as an additional
insured.
• On street parking restrictions (handicap and vendor loading/unloading) as directed by
## the Public Works Director and Police Chief
3. In addition, should the organizers request mosquito spraying prior to the event, the Public
Works Department is authorized to provide spraying.
55
Adopted by the City Council of the City of Saint Peter, Nicollet County, Minnesota, this 27th d ay
of July, 2026.
___________________________________
## Shanon A. Nowell
## Mayor
## ATTEST:
_________________________________
## Todd Prafke
## City Administrator
56