--- ## author: Susan Nache date: D:20260731094428-05'00' --- ## ***REVISED*** ## Becker City Council Meeting ## Becker City Hall August 5, 2026 5:00 1. Call to Order 2. Pledge of Allegiance 3. Changes to Agenda ## 4. Approval of City Council Agenda ## 5. Guests and Open Forum (Up to 5 speakers allowed for up to 3 minutes each – no Council response or action is given to open forum comments other than possible referral to City Staff or a City Board / Commission) ## A. Coalition of Greater MN Cities Update – Shane Zhart ## 6. Committee Reports, Presentations and Awards ## Budget & Finance Committee, Planning Commission, Joint Planning Board ## 7. Board, Committee, and Consultant Reports ## A. 122 nd ## Street Road Improvements – Phil Knutson • Resolution 26-70 ## 8. Administrator and Staff Reports A. Northland Securities TIF Assistance Professional Services Agreement – Jacob Sanders • Resolution 26-69 ## B. Lift Station #16 Pump Replacement – Chris Lisson • Resolution 26-72 ## 9. Consent Agenda-Revised ## A. Hiring Termination Report-Revised ## B. Payment of the Bills ## C. Minutes – 07/21/2026 Regular Council Meeting ## D. Minutes – 07/21/2026 Executive Session ## E. Committee Minutes ## F. Fossum Fields Third Addition Revised Development Agreement • Resolution 26-71 G. Partial Pay Request No. 2: Capital Paving in the amount of $190,811.11 for the 2026 Streets ## Project H. Partial Pay Request No. 1: Capital Paving in the amount of $461,946.65 for the 2026 ## Edgewood Street Improvements Project ## 10. Anniversary Announcements – Mayor Kolbinger 11. Adjourn ## SCHEDULE OF MEETINGS, CANCELLATIONS, OFFICE CLOSINGS AND ## SPECIAL EVENTS All Meetings are held at Becker City Hall unless otherwise noted. ## Becker City Hall ## 12060 Sherburne Ave SE ## Becker MN 55308 5:30 PM (APPROXIMATE TIME) Tuesday, August 4, 2026 ## National Night Out – Council Members may be visiting various neighborhood block parties throughout the city ## 5:00 PM Wednesday, August 5, 2026 City Council Meeting 6:00 PM (APPROXIMATE TIME) Wednesday, August 5, 2026 City Council Executive Session ## 9:00 AM Friday, August 7, 2026 Personnel Committee ## 5:30 PM Monday, August 10, 2026 EDA ## TUESDAY, AUGUST 11, 2026 – STATE PRIMARY – POLLS OPEN 7:00 AM TO 8:00 PM 8:30 PM Wednesday, August 12, 2026 Public Works Committee @ Public Works 5:00 PM Monday, August 17, 2026 Parks & Rec Commission @ BCC 5:30 PM Monday, August 17, 2026 Fire Joint Powers Board @ Fire Hall ## 5:00 PM Tuesday, August 18, 2026 City Council Meeting 6:00 PM (APPROXIMATE TIME) Tuesday, August 18, 2026 City Council Executive Session ## 5:00 PM Thursday, August 20, 2026 Budget & Finance Committee 3:30 PM Tuesday, August 25, 2026 Golf Committee @ Pebble Creek 7:00 PM Tuesday, August 25, 2026 Joint Planning Board @ Township Hall 12:00 PM Friday, August 28, 2026 Xcel Advisory Board @ Pebble Creek ## 6:00 PM Monday, August 31, 2026 Planning Commission ## 5:00 PM Tuesday, September 1, 2026 City Council Meeting 6:00 PM (APPROXIMATE TIME) Tuesday, September 1, 2026 City Council Executive Session ## 9:00 AM Friday, September 4, 2026 Personnel Committee ## MONDAY, SEPTEMBER 7, 2026 – LABOR DAY – CITY OFFICES CLOSED 8:30 AM Wednesday, September 9, 2026 Public Works Committee @ Public Works ## 5:30 PM Monday, September 14, 2026 EDA ## 5:00 PM Tuesday, September 15, 2026 City Council Meeting 6:00 PM (APPROXIMATE TIME) Tuesday, September 15, 2026 City Council Executive Session ## 2026 CITY VISIT ## CITYOFBECKER, MN August 5, 2026 | Shane Zahrt 2 ## CGMC: ## •Local Government Aid (LGA)/Property Taxes •Environment and Energy •Housing ## •EMS •Economic Development •Transportation •Annexation and Land Use •Labor and Employment ## MORE THAN 100 CITIES ## ACROSS THE STATE ## WORKING TOGETHER 3 2026 ## LEGISLATIVE ## SESSION ## RECAP 4 ## DIVIDED GOV’T BRINGS LOW ## EXPECTATIONS •DFL maintains 1-seat majority in ## Senate •House evenly divided at 67-67 •Everything is a four-way negotiation: ## Gov. Walz, House DFL, Senate DFL, ## House GOP •Focal points for the session: oFraud oGuns oHCMC oSchool Safety oBonding 5 ## TASKS FOR THE SESSION Protect LGA Pass a bonding bill Lead line funding Resist zoning and development pre- emption 6 ## Source: Minnesota Management & Budget (February 2026) ## FEBRUARY 2026 STATE ## BUDGET FORECAST 7 ## NON-BUDGET YEAR, FISCAL ## CHALLENGES LIMIT SPENDING ## TALK •Budget situation is improved, but still challenging •Very little spending contemplated this session •Focus on bonding bill and policy •2025 = Threat to LGA oSenate DFL proposal to cut $20 million defeated •2026 = No discussion of cutting LGA 8 ## BONDING 9 ## BACKGROUND ON THE ## BONDING BILL •Bonding bill in 2025 •Bonding bill requires bipartisanship •Governor’s bonding proposal: oHeavy on state-owned assets oCapitol complex security oPFA = $99 million oBDPI - $2.5 million oLocal roads/bridges = $0 oLocal project set aside = $35 million 10 ## CGMC BONDING EFFORTS •Bonding bill a top focus of lobbying this session 11 ## BONDING BILL PASSES ## WITH IMPRESSIVE ## LEGISLATIVE SUPPORT •Total $1.24 billion package from all sources •$400+ million in PFA programs and local water and wastewater grants oPFA = $122 million (grant and loan programs) •Local bridges = $25 million (undesignated) •Local roads = $47 million •BDPI = $2 million •Unlike 2025, millions in local projects 12 ## LEAD ## SERVICE ## LINES 13 ## MOMENTUM ON LEAD LINES UNDER ## THREAT •2037 EPA deadline to remove lead service lines •$240 million allocated in 2023 session •Initial inventory: •87,000 lead lines statewide •200,000 still to be identified •Total cost estimate $1.5 billion •Reaching goal will require yearly progress with adequate funding •Without infusion of dollars 2027 construction season in peril •CGMC ask = $250 million •Inventory map  https://maps.umn.edu/LSL/ 14 ## LEAD LINE DISAPPOINTMENT •Lead line money included in bonding bill •Squeezed by other bonding bill priorities •Only $15 million included in final package •Need for dedicated funding source 15 ## HOUSING & ## ZONING 16 ## 2024 “MISSING MIDDLE”  2025 ## “YES TO HOMES” ##  2026 “STARTER ## HOME ACT “Starter Home Act” had many of the same elements. Different framework: •Preemption of aesthetic and material standards, HOA preemption, require ## ADUs •Cities over 5,000... •Must allow up to four units on 33% of area zoned as single-family •No minimum lot size greater than 1/8 acre in greenfield areas •Must allow multi-family in 33% of area zoned commercial 17 ## CITIES OVER 10,000 Choose your own adventure! •Cities of the 1 st , 2 nd , and 3 rd class must pick a specified number of additional requirements from a list of choices. Choices include things like: oParking minimums oAdditional upzoning in single-family zones oAdditional allowance for multi-family in commercial zones oCreation of a housing trust fund oHousing subsidy programs 18 ## CGMC & METRO ALLIES DEFEAT BILL •LMC drops active opposition to bill •CGMC, Metro Cities, and the Municipal ## Legislative Commission continues opposition •Bill defeated in House committee •No hearing in the Senate •Expect advocates and legislators to bring back some version of preemption again in 2027 19 ## LOOKING ## AHEAD 20 ## ALL EYES ON THE ELECTION •Open Governor’s race with primary to set final field in August •All 201 legislative seats on the ballot •Lots of retirements mean lots of new faces •CGMC will use interim to engage with candidates oCandidate education packet on CGMC issues coming later this summer •Session scheduled to convene on January 14, 2027. 21 ## UPCOMING CGMC ## EVENTS ## •2026 CGMC Fall Conference – November 12-13, Waite ## Park ## •2027 CGMC Legislative Action Day – February 10, 2027, ## St. Paul ## •2027 CGMC Summer Conference – TBD, Owatonna Reach out to Emma Cliff at etcliff@flaherty-hood.com with any questions about CGMC events! ## QUESTIONS? ## Shane Zahrt (651) 295-1123 ## SAZahrt@flaherty-hood.com ## GREATERMNCITIES.ORG | @GREATERMNCITIES ## Agenda Item Description: Approving Road Improvements and cost share with Becker Township for 122 nd ## Street ## Originating Department / Preparer / Email / Phone: Public Services / Phil Knutson / pknutson@beckermn.gov / 763-200-4245 ## Attachments: ## Yes X No ## Attachments Included: 1. Engineers estimate and exhibit ## 2. Capital Paving Bid ## 3. Wruck Excavating Bid 4. Resolution 26-70 ## Consent Agenda: Yes No X ## Introduction / Background / Justification / Key / Legal Issues: At the May 19 th council meeting, city resident Nicole Hubbard presented a petition for road improvements for 150 th Ave and 122 nd Street. After hearing the concerns and presentation, direction was given to look into the situation and work with the township to try to find a joint solution that both governing groups could support, as these roads are identified in the City of Becker and Becker Township Shared Roads Agreement. It was added that this project and proposals should be headquartered by the Public Works Committee. At the direction of the PWC, staff met and reviewed the project with two township supervisors and determined the course of action would be to eliminate the through street on 122 nd Ave, keeping access to CSAH 24 from 150 th Ave and creating a cul-de-sac to stop through traffic as shown in the engineer’s exhibit. The concept was presented to the PWC with direction given to solicit bids for the project. We worked with SEH to create a concept plan, an itemized bid sheet and requested quotes from our low bid contractor for this year’s street project and a preferred vendor for city and township. The township has supported this plan, and this item will be on their August 17 th agenda for consideration. If council approves the city moving forward, we will not take any action until after the township acts on it as well. ## Board Commission / Committee Action: This was reviewed with the PWC with direction given to seek bids and bring to council for consideration. ## Budgetary / Fiscal Impact: This was not in the budgeted street projects for 2026, however our 2026 Street Improvement Project received favorable bids under our estimated budget which allows for sufficient funds to cover the cost of this project. I am seeking enough funding to cover the full cost, plus a small contingency amount of 10% to cover any unexpected items, totaling $21,755. We will run the project and then invoice the township after completion for 50% of the construction costs. ## REQUEST FOR COUNCIL ACTION ## MEETING DATE: August 5, 2026 ## CITY COUNCIL ACTION  Approved  Denied  Amended  Tabled ## Action(s) Requested: 1. A motion and second on Resolution 26-70, a Resolution approving cost share for Road Improvements on 122 nd Street would be appreciated. ## Alternatives: ## 1. Do Not Adopt ## 2. Table for More Information ## Reviewed by: Greg Lerud Date: July 30, 2026 ## NEW AGG AREA(SQ ft) 4000 ## AGG RML LENGTH300 ## 122nd STREET IMPROVEMENTS ## CITY OF BECKER, MINNESOTA ## ITEM ## NO. ## ITEM DESCRIPTION ## UNITUNIT PRICEQUANTITYCOST ## BASE BID-SCHEDULE A ## GENERAL ## 1MOBILIZATIONLUMP SUM$5,000.001$5,000.00 ## 2REMOVE BITUMINOUS SURFACE SQ YD$13.1658$763.28 ## 3SAWING BITUMINOUS PAVEMENT (FULL DEPTH)LIN FT$2.0526$53.30 ## 4COMMON EXCAVATION CU YD$15.001224$18,360.00 ## 5SALVAGE AGGREGATE SURFACINGCU YD$10.00254$2,540.00 ## 6RESPREAD AGGREGATE SURFACINGCU YD$10.00100$1,000.00 ## 7HAUL EXCESS AGGREGATE SURFACECU YD$7.00154$1,078.00 ## 8RESPREAD TOPSOILCU YD$5.00284$1,420.00 ## 9SUBGRADE PREPARATIONLUMP SUM$1,000.001$1,000.00 ## 10TYPE C SIGN PANELSQ FT$100.006.75$675.00 ## 11TURF ESTABLISHMENT-SEED SI, COMM FERT, BFMACRE$16,000.000.36$5,760.00 ## SCHEDULE A $37,649.58 ## OPINION OF PROBABLE COST ## 122ND STREET Page 1 of 1 ## Capital Paving ## 20021 Edison Circle ## Clearwater, MN 55320 ## Please Send Mail to: ## P.O. Box 128 ## Rogers, MN 55374 ## To: City of Becker Attn: Bryce Johnson ## Project: ## Bid Date: Becker - 122nd Street 07/21/2026 ## Bid Number: ## Estimator: ## Casey Wisness ## Item Description Quantity Unit Unit Price Ext Price ## 1 MOBILIZATION 1.000 LS $15,000.00 $15,000.00 ## 2 REMOVE BITUMINOUS SURFACE 58.000 SY $ 15.00 $ 870.00 ## 3 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) 26.000 LF $ 14.00 $ 364.00 ## 4 COMMON EXCAVATION 1,224.000 CY $ 9.00 $11,016.00 ## 5 SALVAGE AGGREGATE SURFACING 254.000 CY $ 12.00 $3,048.00 ## 6 RESPREAD AGGREGATE SURFACING 100.000 CY $ 12.00 $1,200.00 ## 7 HAUL EXCESS AGGREGATE SURFACE 154.000 CY $ 7.00 $1,078.00 ## 8 RESPREAD TOPSOIL 284.000 CY $ 12.00 $3,408.00 ## 9 SUBGRADE PREPARATION 1.000 LS $ 1.00 $ 1.00 ## 10 TYPE C SIGN PANEL 6.750 SF $ 200.00 $1,350.00 ## 11 TURF ESTABLISHMENT-SEED SI, COMM FERT, BFM 0.360 ACRE $10,000.00 $3,600.00 ## Grand Total: $40,935.00 -Bid based on direction given in email from Bryce Johnson Dated 7/16/26 titled "Request for Quote: Becker - 122nd Street" - All bid line items tied - Standard AGC contract language to prevail on acceptance of this proposal, Quote must be included in the contract. - No retainage to be held on work completed. - All work to be done in 2026 ## EXCLUDES: - Survey & Staking, Permits, Testing, Striping, Flagging, Dewatering, Sweeping, Subgrade or Soil Corrections, Casting & Valve Box Adjustments, More than 1 Mobilization (Add $2500.00/EA), Bond (Add 1.0 %) -All Incidental costs are excluded unless specifically identified in our quote ## **ANY QUESTIONS CALL CSAEY @ 612-490-0296** ## RESOLUTION 26-70 ## A RESOLUTION APPROVING ROAD IMPROVEMENTS FOR 122 ## ND ## STREET AND A ## COST SHARE WITH BECKER TOWNSHIP WHEREAS, the City of Becker and Becker Township share several roads together, including 122 nd Street; and WHEREAS, the two entities have a shared roads agreement that requires both parties to accept any improvements or road upgrades; and WHEREAS, the City has sought quotes for the project and is looking to award the project to the low bidder, Wruck Excavating; and WHEREAS, the City will coordinate the work and construction inspection for the project, working with the Township Road supervisors; and WHEREAS, the city will be financially responsible to the contractor and will invoice the township for 50% of the construction costs after completion of the project; and NOW THEREFORE, BE IT RESOLVED that the Becker City Council hereby approves the project and awards the bid to Wruck Excavating for a cost not to exceed $21,755, the price of the quote plus a 10% contingency. ## Mark Kolbinger __________ Rick Hendrickson __________ ## Robin Dingmann __________ Mike Doering __________ ## Becky Olmscheid __________ Adopted this 5 th day of August, 2026. ________________________________ ## Mayor Mark Kolbinger ## Attest: _______________________________ ## Shannon Mortenson, City Clerk Resolution 26-70 Page 2 of 2 ## STATE OF MINNESOTA } ## COUNTY OF SHERBURNE } SS. The foregoing instrument was acknowledged before me this ____ day of ______________, 2026 by _______________________________________________. _____________________________________ Signature of person taking acknowledgement Drafted by: ## Phil Knutson, Public Services Director ## 12060 Sherburne Ave ## Becker, MN 55308 . ## Agenda Item Description: ## Northland Securities TIF Assistance Professional Services Agreement ## Originating Department / Preparer / Email / Phone: Community Development / Jacob Sanders / jsanders@ci.becker.mn.us / 763-200-4242 ## Attachments: ## Yes X No ## Attachments Included: ## 1. Northland TIF Assistance Professional Services Agreement 2. Resolution 26-69 ## Consent Agenda: Yes No X ## Introduction / Background / Justification / Key / Legal Issues: City staff have been approached by a developer who is interested in completing an apartment project on the property adjacent to Becker Furniture World, shown in the conceptual image in Figure 1.1 below. The developer is seeking TIF Assistance for Phase I of the project which includes a 56-unit, three-story apartment building with one- and two-bedroom units. Another apartment on the site is a possibility in the future. Figure 1.1 (This is a conceptual image and is subject to change) Northland Securities, Inc. serves as the city’s public finance consultant on an as-needed basis for various financial matters. Because the city does not have an existing contract with Northland, they have provided the attached professional services agreement that would allow them to complete the TIF analysis. ## REQUEST FOR COUNCIL ACTION ## MEETING DATE: August 5, 2026 ## CITY COUNCIL ACTION  Approved  Denied  Amended  Tabled Once the analysis is complete, the results will be presented to the Budget and Finance Committee for review and discussion. If the committee recommends moving forward, the findings will then be presented to the City Council for consideration. If the Council decides to proceed with establishing a TIF district for the project, staff will then work with Northland and the City Attorney to complete the remaining tasks, including collecting any additional fees required from the developer. ## Board Commission / Committee Action: ## None ## Budgetary / Fiscal Impact: A $500 application fee and $12,500 escrow must be submitted by the developer to pay for the analysis. ## Action(s) Requested: 1. Motion and second approving Resolution 26-69 approving the professional services agreement with Northland Securities, Inc. for TIF analysis assistance. ## Alternatives: ## 1. Do Not Adopt ## 2. Table for More Information ## Reviewed by: Greg Lerud Date: July 30, 2026 ## Agreement (Housing TIF District) Page 1 ## PROFESSIONAL SERVICES AGREEMENT ## BY AND BETWEEN ## THE CITY OF BECKER, MINNESOTA ## AND ## NORTHLAND SECURITIES, INC. ## TAX INCREMENT FINANCING (HOUSING) DISTRICT This Agreement made and entered into by and between the City of Becker, Minnesota (hereinafter the “City’), and Northland Securities, Inc., of Minneapolis, Minnesota (hereinafter "NSI"). ## WITNESSETH WHEREAS, the City desires to use the services of NSI for financial planning assistance related to the establishment of a Tax Increment Financing (Housing) District to facilitate the development and construction of an apartment project (the “TIF District”). WHEREAS, the services to be provided by NSI are intended solely for financial planning and NSI is not providing advice on the timing, terms, structure or similar matters related to a specific bond issue. WHEREAS, NSI desires to provide services to the City as hereinafter described. NOW, THEREFORE, it is agreed by and between the parties as follows: ## SERVICES TO BE PROVIDED BY NSI The scope of work NSI will undertake is the process to establish the TIF District. Legal services to review the Tax Increment Financing Plan for the TIF District (the “TIF Plan”) and to prepare written agreement with the applicant requesting tax increment financing assistance (the “Developer”), among other legal documents, are not provided by NSI and are not subject to this agreement. NSI will provide the following services: 1. Prepare proposed calendar with timeline of events for establishment of the TIF District. 2. Collect data or documents for the TIF District, including:  Parcel identification numbers for all parcels to be within the TIF District  Taxable market value and tax capacity value for parcels within the TIF District  Current property tax rates for all taxing jurisdictions  Map showing boundaries of the Project Area and the TIF District 3. Evaluate and advise the City on the statutory requirements for consideration of the establishment of the TIF District. 4. Collect data about the project within the TIF District, including:  Type, size, value, and timing of the development within the TIF District  Estimated project costs to be paid from tax increments from the TIF District 5. Review basis for findings for establishing the TIF District, including:  Statutory criteria for the TIF District  Developer’s justification in the application for tax increment financing assistance for the use of tax increments to assist the development 6. Complete financial evaluation and analysis of the sources and uses of funds for the construction of the development and development pro forma as provided by the Developer. ## Agreement (Housing TIF District) Page 2 7. Prepare and distribute a memorandum with the conclusions of the financial evaluation of the Developer’s pro forma and the need for financial assistance. 8. Determine basic understanding of key criteria for the process including:  Boundaries of the Project Area, including amendment to boundaries of the Project Area, if needed  Specific development objectives to address in the planning documents 9. Obtain any additional data not collected in item 1, including:  Building permits issued for parcels in the TIF District over the past 18 months.  Comprehensive plan for the City 10. Assist the City with preparation of the notice of hearing and compliance with statutory requirements for mailing and publication. 11. Provide county commissioner with written notice of the proposed establishment of the TIF District. 12. Provide the attorney to the City with the terms of assistance and other financial terms for the attorney to include in the development agreement with the Developer. 13. Provide comments to the City and the attorney to the City on proposed language in the development agreement with the Developer. 14. Prepare the Development Plan for the Project Area and the TIF Plan for the TIF District (together, the “Plan”). 15. Distribute the Plan with letter of explanation, including notice of public hearing for establishment of the TIF District, and other supporting information to county and school district. 16. Assist the attorney to the City with the drafting of the resolutions approving the modification to the Project Area and the establishment of the TIF District, among other related documents that may need to be drafted. 17. Assist the attorney to the City with the preparation and distribution of the resolution for planning commission findings. 18. Assist with preparation of documents to be included in the meeting agenda packet for the City Council of the City of Duluth for the public hearing, including resolution to adopt the TIF Plan. 19. Prepare (electronic) transcript of documents. 20. Submit, on behalf of the City, a request to the county auditor for the certification of the TIF District. 21. Submit the TIF Plan, along wither other forms as required, to the Minnesota Department of Revenue and the Office of the Minnesota State Auditor. ## COMPENSATION The budget for undertaking the tasks in this agreement is an amount not to exceed $11,970. The amount is based on the estimated number of hours required to complete these tasks at an hourly billing rate of $285 per hour. NSI will bill monthly for actual services performed. The City may at its discretion authorize NSI to undertake additional tasks, including meeting attendance, beyond the tasks listed above. Additional planning services will be billed monthly at a rate of $285 per hour. Invoices will detail the work performed, requested compensation for the period, and show amounts previously billed. ## Agreement (Housing TIF District) Page 3 ## ASSIGINED NORTHLAND EMPLOYEES The NSI employee responsible for providing services pursuant to this agreement and for the services performed is Jessica Green, Managing Director. ## SUCCESSORS OR ASSIGNS The terms and provisions of this Agreement are binding upon and inure to the benefit of the City and NSI and their successors or assigns. ## DISCLAIMER In performing service under this agreement, NSI is relying on the accuracy of information provided by the Developer and THE CITY and the services provided by NSI are based on current state law. The parties agree that the Minnesota property tax system and other laws may change and may affect the accuracy and validity of services provided by NSI. NSI will perform its work using the best available information. THE CITY recognizes and accepts that future property values, tax levies and tax rates may vary from the assumptions used by NSI and such changes may affect the work product produced and provided by NSI. NSI recognizes and accepts that the requirements of Minn. Stat. Sec. 13.05, Subd. 11 apply to this Agreement. All of the data created, collected, received, stored, used, maintained, or disseminated by NSI in performing pursuant to this Agreement is subject to the requirements of the Minnesota Data Practices Act and NSI must comply with those requirements as if it were a government entity. ## TERM OF THIS AGREEMENT This Agreement may be terminated by thirty (30) days written notice by either the City or NSI. In the event of early termination by the City, NSI shall provide the City with an itemized hourly statement of services already provided. All billable hours by NSI shall be billed at the stated hourly rates should early termination occur. Dated this ____ day of July, 2026. Northland Securities, Inc. By: ______________________________ ## Jessica Green ## Managing Director, Public Finance ## City of Becker, Minnesota By: _____________________________ ## Greg Lerud ## City Administrator ## RESOLUTION 26-69 ## A RESOLUTION APPROVING THE PROFESSIONAL SERVICES AGREEMENT ## WITH NORTHLAND SECURITIES, INC. FOR TIF ANALYSIS ASSISTANCE WHEREAS, a developer is looking at completing an apartment project on the property currently identified as PID #60-00484-0110 and is requesting Tax Increment Financing (“TIF”) for said project; and, WHEREAS, Northland Securities, Inc. serves as the City of Becker’s public finance consultant on an as-needed basis for various financial projects; and, WHEREAS, the City of Becker desires to have Northland Securities, Inc. provide TIF analysis assistance for said potential project. NOW THEREFORE, BE IT RESOLVED that the Becker City Council hereby authorizes the City Administrator to enter into a professional services agreement with Northland Securities, Inc. for TIF analysis assistance for a potential housing project and authorizes the City Attorney to make adjustments to said agreement as to form. ## Mark Kolbinger __________ Rick Hendrickson __________ ## Robin Dingmann __________ Mike Doering __________ ## Becker Olmscheid __________ Adopted this 5 th day of August, 2026. ______________________________ ## Mayor Mark Kolbinger ## Attest: _______________________________ ## Shannon Mortenson, City Clerk Resolution 26-69 Page 2 ## STATE OF MINNESOTA } ## COUNTY OF SHERBURNE } SS. The foregoing instrument was acknowledged before me this ______ day of _____________, 2026 by ________________________________________________. _____________________________________ Signature of person taking acknowledgment Drafted by: ## Jacob Sanders, Community Development Director ## 12060 Sherburne Ave SE ## Becker, MN 55308 ## Agenda Item Description: ## Lift station #16 Pump Replacement ## Originating Department / Preparer / Email / Phone: Public Works / Chris Lisson / clisson@beckermn.gov / 612-619-5655 ## Attachments: ## Yes X No ## Attachments Included: 1. Midwest Pump Works quote for replacement pumps 2. Resolution 26-72 ## Consent Agenda: Yes No X ## Introduction / Background / Justification / Key / Legal Issues: Lift station #16 is located at the intersection of Hillcrest Court and County Road 24 and serves the Kalley Crossing development. The pumps in lift station #16 were replaced in 2019. At that time, the pumps were replaced out of the domestic wastewater operations budget. Since then, all lift station pump replacements, including lift station 16, have been added as line items in the Domestic Wastewater CIP. When these pumps were replaced in 2019, I chose to go with less expensive pumps due to the flow characteristics of that lift station. The plan was for the less expensive pumps to provide a better bang for the buck at this site. The one downside to this option is that when the pump fails, they are not intended to be rebuilt. The current pumps are 7-years old. In the CIP, I had planned for pump replacement at 12 years. I feel this premature failure is an anomaly rather than a norm. Currently, I recommend replacing both pumps in the station. Staff will keep the pump that is still operational and store it as a back-up. For the flow parameters of this station, I feel cost savings for this style of pump are worth the lesser lifespan that a more expensive pump can offer. ## REQUEST FOR COUNCIL ACTION ## MEETING DATE: August 5, 2026 ## CITY COUNCIL ACTION  Approved  Denied  Amended  Tabled ## Board Commission / Committee Action: This was not discussed with the Public Works Committee. ## Budgetary / Fiscal Impact: The pumps at LS 16 were scheduled for replacement in 2031. Due to the failure of pump #2, I am recommending replacement of both pumps now using funds from the Domestic Wastewater CIP fund. ## Action(s) Requested: 1. Motion and second to approve Resolution 26-72 approving the pump replacement for Lift Station #16 as presented for a price not to exceed $11,400.00 would be appreciated (cost of pumps plus 10% contingency). ## Alternatives: ## 1. Do Not Adopt ## 2. Table for More Information ## Reviewed by: Phil Knutson Date: 8/3/26 ## RESOLUTION 26-72 ## A RESOLUTION APPROVING THE REPLACEMENT OF THE PUMPS AT LIFT ## STATION 16 WHEREAS, the City of Becker owns and operates a sanitary sewer collection system; and WHEREAS, city staff maintain 13 lift stations that collect sanitary sewer and pump it toward the wastewater treatment facility; and WHEREAS, lift station #16, lift pump #2 failed on July 31 st and it is not cost effective to rebuild the pumps that are in the lift station; and WHEREAS, staff are recommending replacement of both pumps currently and keeping the remaining operational pump as a back-up; and NOW THEREFORE BE IT RESOLVED that the Becker City Council hereby authorizes staff to replace the pumps at lift station #16 as presented for a price not to exceed $11,400.00 (cost of pumps plus 10% contingency). ## Mark Kolbinger __________ Rick Hendrickson __________ ## Robin Dingmann __________ Mike Doering __________ ## Becky Olmscheid __________ Adopted this 5 th day of August, 2026. _____________________________ ## Mayor Mark Kolbinger ## Attest: _____________________________ ## Shannon Mortenson, City Clerk Resolution 26-72 Page 2 ## STATE OF MINNESOTA } ## COUNTY OF SHERBURNE } SS. The foregoing instrument was acknowledged before me this _____ day of _____________, 2026 by ___________________________________________. _____________________________________ Signature of person taking acknowledgement Drafted by: ## Chris Lisson ## Public Works & Parks Assistant Director ## 14398 Central Avenue ## Becker, MN 55308 ## Consent Agenda: August 5, 2026-Revised All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion and one vote by a majority of the members present. There will be no separate discussion of these items unless a City Council member so requests. Any Consent Agenda item may be removed from the Consent Agenda and considered a separate subject of discussion by the City Council. ## A. Hiring and Termination Report-revised B. Authorize the Wednesday, August 5, 2026, payment of claims as presented. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. Total claims: $418,266.18. ## C. Council Meeting Minutes from July 21, 2026 ## D. Executive Meeting Minutes from July 21, 2026 ## E. Committee Minutes ## F. Fossum Fields Third Addition Revised Development Agreement • Resolution 26-71 G. Partial Pay Request No. 2: Capital Paving for 2026 Street Improvements. The construction contract amount is $1,250,626.51. This Partial Pay Request is in the amount of $190,811.11 leaving a construction contract balance of $755,698.32. H. Partial Pay Request No. 1: Capital Paving for 2026 Edgewood Street Improvements. The construction contract amount is $2,086,466.38. This Partial Pay Request is in the amount of $461,946.65 leaving a construction contract balance of $1,624,519.73. ## CITY OF BECKER ## PERSONNEL HIRING/TERMINATION REPORT ## FIRST NAMELAST NAMEDEPARTMENTJOB TITLESTART DATESTATUS TimM. ## Golf Maint.Groundskeeper I8/5/2026Seasonal ## Mike ## G. ## Golf Maint.Groundskeeper I8/5/2026 ## Seasonal ## Jonathon ## V. ## Golf Maint.Groundskeeper I8/5/2026Seasonal ## Madelyn ## G. ## Golf F & B ## Food Runner8/5/2026Part-time ## FIRST NAMELAST NAMEDEPARTMENTJOB TITLEEND DATESTATUS ## THE FOLLOWING PEOPLE NEED CITY COUNCIL APPROVAL TO BE HIRED ## THE FOLLOWING PEOPLE HAVE TERMINATED EMPLOYMENT ## PLEASE NOTE THESE MINUTES ARE IN DRAFT FORM AND ARE NOT TO BE PUBLISHED IN ANY MANNER UNTIL ## THE CITY COUNCIL HAS REVIEWED AND APPROVED THEM FOR PUBLICATION ## City of Becker City Council Meeting July 21, 2026 Page 1 of 3 ## City of Becker ## City Council Regular Meeting of July 21, 2026 The Becker City Council met in regular session at 5:00 p.m. on Tuesday, Ju ly 21 , 2026, at 12060 Sherburne Avenue, Becker. Present-Councilmembers: Mayor Mark Kolbinger, Robin Dingmann, Rick Hendrickson, Mike Doering. Absent: Becky Olmscheid. Guests were in attendance. 1. Mayor Kolbinger called the meeting to order at 5:00 p.m. 2. The Pledge of Allegiance was recited. 3. Changes to agenda: Item 7A has been revised. 4. Motion by Doering, second by Hendrickson to approve the agenda for July 21, 2026, as revised. All in favor, motion carried. 5. Guests and Open Forum: None. ## 6. Committee Reports, Presentation, Awards The Police Committee met Ju ly 10. There was significant discussion on sergeant position interviews and staffing status overall. Both Items 7B and 7C on tonight’s agenda were discussed. A codification and scheduling software update was provided. Laser Tag was coming up the next week. National Night Out is August 4th and Cones with Cops is September 1. The Public Works Committee met July 8. Christine Jacobson presented a petition to install crosswalks on Bank St. That is on hold until development occurs on the previous Country Lumber site. All the street signs in Becker do not have SE on them. They will slowly be replaced with the correct direction. The Recycling Hours will be reduced down to two hours based on the last couple of years. Items 7A & 7E were discussed. The Personnel Committee met on July 10. Agenda item 7D and Consent Agenda G were discussed. The Parks & Rec Commission met last night. Mosquito treatment at the City Park was considered. The horse trails are not being maintained. Sandhill Park was reviewed for equipment options. The EDA met on July 13. There is still an interested party in the Liberty/Hwy. 10 parcel. The Housing Study should be done in the next 30 days. Twenty-nine homes are for sale in the Becker zip code. The ## Fire Board met last night. The 2027 Budget was approved for the Joint Powers to give final approval. The 4M Fund was reviewed. The air handling units and the roof replacement need to be included in the ## CIP. The Joint Fire Board had their Annual Meeting at 8 PM last night. The General Budget and CIP were approved with a 2% increase. ## 7. Board, Committee and Consultant Reports A. Supplemental Letter of Agreement with SEH for Well House #1 Updates –Chris Lisson provided the history of the 50 year old well house. It is located by Carl E. Johnson Park. Well 4 runs to this and is the largest producing well in Becker. Since a majority of water runs thru here, staff would like to do the needed updates as a scheduled project rather than an emergency. This SLA is for design work only. The bidding and construction would be a separate SLA. The design work will cost $69,500 and run thru the Water CIP. Motion by Doering, second by Dingmann to adopt Resolution 26-67 authorizing staff to accept and execute a Supplemental ## PLEASE NOTE THESE MINUTES ARE IN DRAFT FORM AND ARE NOT TO BE PUBLISHED IN ANY MANNER UNTIL ## THE CITY COUNCIL HAS REVIEWED AND APPROVED THEM FOR PUBLICATION ## City of Becker City Council Meeting July 21, 2026 Page 2 of 3 Letter Agreement with SEH for the design work for the Well House #1 Update. All in favor, motion carried. ## B. Sherburne County Emergency Response Unit JPA-Chief Lindbloom explained the past workings of the response unit. It was a team of deputies that had enhanced training for situations that posed a high risk or involved firearms. All members of the ERU were employed by the Sherburne County Sheriff’s Office. The county would like to extend the training to Becker and Big Lake officers. The Joint Powers Agreement (JPA) outlines the new organization, selection, training, call outs, financial and liability. This is recommended for a number of positive reasons. It will cost approximately $11,000 and some overtime costs depending on the call outs. They have averaged seven calls a year. Motion by Dingmann, second by Doering to adopt Resolution 26-64 approving the Joint Powers Agreement with the Sherburne County Sheriff’s office for Emergency Response Unit team members. All in favor, motion carried. C. Police Department Rifle Purchase-Chief Lindbloom provided the current condition of the four functional rifles that are in squad cars. The Chief car and sergeant car do not have a rifle in the vehicle. Due to the age the rifles have had many different issues. Research was completed to help determine the best rifles to purchase for the value. Kieslers has a trade-in program which made that price more attractive. Six new rifles and accessories will cost $9,630.48. . Motion by Hendrickson, second by Doering to adopt Resolution 26-65 approving the purchase of six patrol rifles for the police department. All in favor, motion carried. D. Program Coordinator Restructuring at BCC – Brandii Thomas provided the opportunity to combine positions and make two full-time positions out of three part-time ones. With the AZ coordinator resigning and Adventure Zone and Aquatics have different busy seasons, it makes staffing and fiscal sense to combine the duties. These positions will have full-time benefits. There is a cost savings of almost $10,000 in 2026 and nearly a $25,000 savings in 2027. The move will also be more attractive for filling the positions in the future. This was supported by the Personnel Committee as the savings are quite attractive. Motion by Dingmann, second by Hendrickson to adopt Resolution 26-68 allowing the Becker Community Center to restructure coordinator roles. All in favor, motion carried. E. SLA with SEH for Water Treatment Plant Design-Phil Knutson reminded council how long the city has been trying to find another water source. In 2020/2021, wells 7 & 8 were installed but the iron was higher than test wells and there was manganese present. The amounts were still in the range for consumption but then CO2 was present which made the water appear cloudy and have an orange appearance. The city has exhausted all options and no viable water source has been found. The city will move forward with the design of a water treatment plant using wells 7 & 8. This will provide water security for the city. This has been discussed at committees and executive sessions. The design cost is $942,500 which will take the project to the bidding stage. Funds to pay for the design phase will come from the PFAS settlement and water reserves. Motion by Hendrickson, second by Dingmann to adopt Resolution 26- 66 approving a supplemental agreement with SEH for designing a water treatment plant. All in favor, motion carried. ## PLEASE NOTE THESE MINUTES ARE IN DRAFT FORM AND ARE NOT TO BE PUBLISHED IN ANY MANNER UNTIL ## THE CITY COUNCIL HAS REVIEWED AND APPROVED THEM FOR PUBLICATION ## City of Becker City Council Meeting July 21, 2026 Page 3 of 3 ## 8. Administrator and Staff Reports A. Change Order No. 1 for Edgewood Street Improvements – With LuAnn Drive project put on hold for this construction season, a water main will be installed. This will alleviate any excavating on Edgewood next year. The installation of the water main will also provide a loop for better water service to residents if needed. The change order is $25,430 and will be paid from the Water/Streets CIP. Motion by Doering, second by Dingmann to approve Change Order No. 1 for the Edgewood Street and Trail Improvement Project. All in favor, motion carried. 9. Consent Agenda: Greg Lerud presented the following consent agenda: ## a. Hiring Termination Report b. Payment of the Bills - Authorize the Tuesday, July 21, 2026 payment of claims as presented. The claims listing has been provided to the city council as a separate document and is available upon request for public view at city hall. The total claims are $389,312.14. c. Electronic Transactions-Authorize electronic transactions as presented in the 05/31/2026 Journal. The Journal has been provided to City Council as a separate document and is available for public view at the City Hall upon request. d. Minutes – Ju ly 7, 2026 City Council Meeting e. Minutes – July 14, 2026 Budget Workshop ## f. Pay App No. 1 – 2026 Street Improvements ## g. Administrative Technician Community Development Job Description Updates Motion by Hendrickson, second by Dingmann to approve the consent agenda as presented. All in favor, motion carried. 10. Motion by Dingmann, second by Hendrickson to adjourn the meeting at 5:49 p.m. All in favor, motion carried. ___________________________________ ## Shannon Mortenson, City Clerk ## PLEASE NOTE THESE MINUTES ARE IN DRAFT FORM AND ARE NOT TO BE PUBLISHED IN ANY MANNER ## UNTIL THE CITY COUNCIL HAS REVIEWED AND APPROVED THEM FOR PUBLICATION ## Executive Session Minutes July 21, 2026 Page 1 of 1 Executive Session July 2 1, 2026 Attendance: Mayor Mark Kolbinger, Councilmembers Rick Hendrickson, Robin Dingmann Mike Doering. City Administrator Greg Lerud, Public Services Director Phil Knutson, Police Chief Chris ## Lindbloom, Community Development Director Jacob Sanders, Finance Director Mark Ebensteiner, Financial Analyst Lorrie Franz, Public Works & Parks Assistant Director Chris Lisson, Rec & Leisure Services Assistant Director Josh Kuha, Recreation Services Manager Brandii Thomas, City Clerk Shannon Mortenson, Deputy Clerk Susan Nache. The Executive Session was called to order at 5:51 p.m. Lorrie Franz explained the assumptions for employee wages and benefits. Cost of living adjustment was 3%. No renewal rates have been received but some benefits did have a cap on the increases. Health insurance was based on the plans employees have chosen in the past rather than a blanket 15% increase. The change in the levy is 2.41%, which has not factored in taxable market value as that has not been received from the county. Franz explained that some of the fees collected as building permits has increased drastically but expenses have also with the contracted services. Mark Ebensteiner explained how some revenues are a pass thru but still need to be identified in the budget. He also explained the expenditure budgets for Mayor/Council and Finance. There is little change in each of these. Mortenson presented the City Hall budget which saw a slight reduction attributed to the building remodel and replacement of items. Jacob Sanders explained the Planning and Building Inspection expenditures. Planning had a slight increase due to wage increases in 2027. The building inspection expenditures changed due to contracting rather than hiring an inspector. Chief Lindbloom covered the police expenditures, which is increasing due to some contracts increasing and the implementation of the sergeant position. Chris Lisson went over the public works, streets and parks expenditures. The SCORE funding has been reduced as the county does the grinding. The parks expenses have increased with more irrigation systems, portapotties and general maintenance. There has been a lot of time and money put into the BAC and it is getting many positive comments. Brandii Thomas went through the BCC budget with council. The combining of positions provided cost savings. The Becker clothing line is well received as are rentals to bring in more revenue. Adventure Zone programs continue to grow; rates have been increased to compare with area programs. The maintenance of the BCC usually involves big ticket items listed in the CIP. Jacob Sanders reviewed the EDA budget as this will see some changes without a director/coordinator in place. An AUAR and an EAW need to be completed in 2027 which contributes to the 19% increase. Mark Ebensteiner reviewed the current and projected bond levies. The city doesn’t hold much debt for a community of its size. There was the street improvement bond issued in 2021 and the building renovation bond in 2024. There were no further questions about the budget. The executive session finished at 7:09 p.m. ___________________________________ ## Shannon Mortenson, City Clerk ## 1. Fire Board Meeting Minutes 06/15/2026 ## 2. Fire Board Special Meeting Minutes 06/22/2026 ## Committee Meeting ## Minutes ## Agenda Item Description: ## Fossum Fields Third Addition Revised Development Agreement ## Originating Department / Preparer / Email / Phone: Community Development / Austin Petersen / apetersen@ci.becker.mn.us / 763-200-4260 ## Attachments: ## Yes X No ## Attachments Included: 1. Current Revised Civil Engineering Plans – Fossum Fields Third Addition (click here) ## 2. Revised Development Agreement 3. Resolution 26-71 ## Consent Agenda: Yes X No ## Introduction / Background / Justification / Key / Legal Issues: On May 5, 2026, the Becker City Council approved a Planned Unit Development (PUD) Conditional Use Permit, Preliminary Plat, and Final Plat for Fossum Fields Third Addition, a 52-lot single-family residential subdivision proposed in two phases. The approved development consists of 31 lots in Phase 1 and 21 lots in Phase 2. On June 2, 2026 the City Council approved the draft Development Agreement. Following City approvals, the developer completed final engineering and solicited construction bids for the Phase 1 public improvements. Upon receipt of contractor bids, the developer determined that construction costs were higher than anticipated. According to the developer, proceeding with all originally planned Phase 1 improvements would make the project financially infeasible. In an effort to preserve the project and allow development to proceed, the developer has submitted revised civil plans modifying the timing and extent of certain public improvements. Under the revised proposal, Phase 1 would be reduced from 31 lots to 28 buildable lots. The remaining three lots, located at the end of 42 nd Street SE, that were originally included within Phase 1 would still be platted as approved but would constructed on during Phase 2. Rather than installing sanitary sewer and water service throughout the entire development in Phase 1, as originally proposed, the applicant is now suggesting construction of these utilities only up to the last lot on 42nd Street SE—stopping before the three lots from Phase 1 that will remain undeveloped. This change avoids looping the utilities around the full site and results in significant cost savings. The remaining sanitary and water infrastructure would be completed in Phase 2. The developer will need to prove that the water pressure is sufficient at the end of the pipe to serve the last developed property at the dead-end. The revised civil plans the developer submitted also include a temporary road proposed to be installed in Phase 1, extending from the end of 42nd Street SE to 127th Street SE. Additionally, the developer asked whether there are any further steps the city could take to help make the project more feasible. ## REQUEST FOR COUNCIL ACTION ## MEETING DATE: August 5, 2026 ## CITY COUNCIL ACTION  Approved  Denied  Amended  Tabled Staff discussed the proposed civil changes, development timing, and other options that might help reduce upfront costs without reducing fees and came up with the following solutions that are shown in the attached redlined draft agreement. Please note that the approved subdivision layout, Planned Unit Development, Preliminary Plat, and Final Plat are not proposed to change. The changes to the agreement are limited to the phasing of build out, timing of certain payments, construction of public improvements, and mitigating city / developer liability when the developer sells lots to buyers specifically related to stormwater ponding potential in the case of 100-year flood in the rear yards of lots in the middle of the development. ## Summary of Proposed Development Agreement Amendments • Sewer Availability Charges (SAC) and Water Availability Charges (WAC) fees will be paid by the developer prior to issuance of the Certificate of Occupancy rather than at the time a building permit is pulled. • Parkland Dedication for Phase 1 will be due in almost equal payments by January 31 st of 2027, 2028, and 2029, rather than prior to recording of the final plat. • Rather than having the developer install a temporary road that would need continued maintenance and will have to be torn up during Phase 2 to install utilities, staff proposed that a temporary cul-de-sac/turnaround be installed. The design of the temporary cul-de-sac will be finalized in a revised set of civil plans and will be installed near Lot 16, Block 3 until future roadway extensions are completed during Phase 2 of development. Based on internal staff discussions the design is likely to be hammerhead. • Insertion that the City Engineer noted a risk that in the event of a 100-year rain event (or greater) that localized ponding may developer in the rear yard of certain lots detailed in the revised draft agreement and that the developer must provide the buyers of the lots a copy of the executed agreement highlighting this risk so each buyer is aware when purchasing the property. All remaining conditions of approval contained within Resolutions 26-36, 26-37, and 26-40 shall remain in effect unless specifically modified by City Council. Additionally, a copy of the draft agreement with changes was provided to Sherburne Land Company, LLC. There are several items that still need to be finalized in the agreement including performance dates, and security amounts. Staff will work with the developer and City Engineer to finalize these and insert them into the final agreement before signatures are obtained. Approval of Resolution 26-71 would also authorize adjustments to be made to the agreement as deemed necessary by the City Attorney and City Engineer prior to final signatures and execution. ## Board Commission / Committee Action: ## N/A ## Budgetary / Fiscal Impact: Securities are required to be provided by the developer to ensure public improvements, as noted in the draft agreement, are completed to the satisfaction of the city. ## Action(s) Requested: 1. Motion and a second approving the consent agenda is sufficient to approve Resolution 26-71 approving amending the Development Agreement for Fossum Fields Third Addition. ## Alternatives: ## 1. Pull for Further Discussion ## 2. Do Not Adopt ## 3. Table for More Information ## Approved by: Jacob Sanders Date: 7/31/2026 ## DEVELOPMENT AGREEMENT ## SHERBURNE LAND COMPANY, LLC – FOSSUM FIELDS THIRD ## ADDITION ## THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into this ____ day of ____________, 2026, by and between the CITY OF BECKER, a Minnesota municipal corporation (“City”); and SHERBURNE LAND COMPANY, LLC (the “Developer”). WHEREAS, the Developer has made application for and requests approval of a project including a fifty- two (52) lot preliminary plat (Exhibit A) and a fifty- two (52) lot final plat (Exhibit B); and WHEREAS, the proposed project would result in all lots, except for Outlot A and Rights of Way to be dedicated as noted on the preliminary and final plat for Fossum Fields Third Addition (“Development”), being used for single-family residences; and, WHEREAS, the affected properties are legally described as noted in Paragraph 1 below; and, WHEREAS, the following City Approvals must take place on said project: ## Preliminary Plat ## Final Plat ## Planned Unit Development Conditional Use Permit (PUD CUP) ## Utility Construction / Sewer, Water and Storm Connections Grading and drainage ## Other Site Improvements / Road Construction 2 ## Sherburne Land Company LLC – Fossum Fields Third Addition ## Building Permits ## Revised Civil, Landscaping, and other Design Plan Sets; and, WHEREAS, approvals are contingent on the condition that the Developer enter into this Development Agreement secured by financial guarantees to ensure that the Improvements will be constructed; and, WHEREAS, the Development is subject to previous development agreements and resolutions approved by the City, including Resolution 26-36 (PUD CUP), Resolution 26-37 (Preliminary Plat), and Resolution 26-40 (Final Plat); and, WHEREAS, the Developer has made assurances and covenants to the City as hereinafter provided. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the Developer and City agree as follows: 1. REQUEST FOR APPROVAL. The Developer is the owner of certain lands in the City of Becker and has asked the City for approvals, as noted above, to plat said lands (as described below). The lands (“Property”) are situated in the City of Becker, County of Sherburne, State of Minnesota, and are legally described as follows: Outlot C, Outlot D, Outlot F, Outlot G, Fossum Fields, according to the recorded plat thereof, ## Sherburne County, Minnesota ## AND Outlot A, Fossum Fields Second Addition, according to the recorded plat thereof, Sherburne County, ## Minnesota Said Property shall be legally known as Fossum Fields Third Addition upon recording of the final plat with Sherburne County and shall be legally described as: Outlot A, B, and C and Lots 1-13, Block 1 and Lots 1-18, Block 2, Fossum Fields Third ## Addition, Sherburne County, Minnesota The Property is zoned PUD-SFD (Planned Unit Development – Single-Family Detached) pursuant to Resolution 26-36. 3 ## Sherburne Land Company LLC – Fossum Fields Third Addition 2. CONDITIONS OF REMAINING APPROVALS. The City hereby approves the remaining applications on conditions that the Developer enter into this Development Agreement, furnish the security required by it, provide title evidence that good and marketable title to the Property is in the name of the Developer, and record the conveyance with the County Recorder within 90 days after this Development Agreement is entered into. This Agreement does not operate as a waiver of the requirements to apply for and receive building permits for all the proposed buildings on the site. ## 3. COMPLIANCE WITH STATE LAW, CITY ORDINANCES AND AGREEMENT. Developer agrees to and shall comply with all requirements of state law, city ordinances and this Agreement. In the event Developer is required to obtain any approval, permits or do any act either as a condition to commencing such Development or to continue any stage or phase of such Development, the Developer shall submit in writing to the City proof of compliance with any such requirement before proceeding. The failure to submit such proof of compliance shall be grounds for the City to order the Developer to cease any and all physical activities, of whatever nature, upon the Property. Developer acknowledges that it is proceeding at its own risk as to any costs incurred by its failure to comply with this Agreement. Within the Property, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, Utilities, public or private Improvements, or construct any buildings until all of the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the City, 2) the necessary security has been received by the City, 3) the final plat has been recorded with the Sherburne County Recorder’s Office, and 4) the City has approved the plans and specifications. The City may refuse to approve final plats of subsequent phases of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until the City approves development agreements for such phases. 4. PROPOSED DEVELOPMENT AND DEVELOPMENT PLANS. The Developer intends to install Utilities and other Improvements (including natural gas, electric, storm sanitary, sanitary 4 ## Sherburne Land Company LLC – Fossum Fields Third Addition sewer, and water), roads (including curb, gutter and driveway aprons), sidewalks, lighting, mailboxes, and complete other site grading and Improvements. The Property shall be developed in accordance with the following plans (including any revisions or additional plans required by City Staff): ## a) Preliminary Plat (Exhibit A) ## b) Final Plat (Exhibit B) c) Civil Plan Set (Exhibit C - Fossum Fields Third Addition Civil Set April 3 rd , 2026 by ## Widseth) ## 1) Site Plan ## 2) Grading Plan ## 3) Utility Plan ## 4) Erosion Control Plan ## 5) SWPPP Narrative 6) Details ## 7) Tree Preservation Plan ## 8) Landscape Plan ## 9) Lighting and Signage Plan ## 10) Mailbox Plan 11) Profiles 12) PUD Narrative 4/3/2026 5. ALTERATION OF PLANS. In the event the Developer desires to change any plans, drawings, specifications, conditions or any aspect of the Development which differs from those initially approved by the City, the Developer shall first obtain the written consent of the City before initiation, construction, or incorporating such change in the Development. 6. UTILITIES. The Developer agrees that the following improvements will be constructed or provided within the Development by Utility Companies or the City (if the utility is provided by the City): Natural Gas Service, Electric Service, Telephone Service, Cable. T.V. Service, Broadband Service, 5 ## Sherburne Land Company LLC – Fossum Fields Third Addition Street Lighting, and Signs (including road identification and traffic signs) (“Utility” and “Utilities”). As for each such Utility, the Developer will provide the City, for approval, as part of this Agreement: the location of the Utility, the provider of the Utility, and the arrangements for installation of the Utility. The City and Utility Company must approve the location of the Utility before installation of the Utility. All electrical, telephone and broadband lines, and cable must be installed in sized conduits underground when such lines or cables cross the City’s right of way. All Utilities for the first phase of the Development, as indicated on the approved preliminary plat, final plat and Civil Plan Sets, must be completed by XXXX ## XX th ## , 202X. 7. IMPROVEMENTS. The Developer shall install and pay for the following Improvements (“Improvements”) according to the following terms and conditions: ## a) Site Grading and Erosion Control ## b) Private Sanitary Sewer Connections ## c) Private Water Connections ## d) Private Storm Sewer Connections and Ponding ## e) Private Driveways f) Lighting g) Landscaping h) Utilities i) Sewer, Storm & Water Infrastructure (including Water & Sanitary Sewer trunk fees) ## j) Setting of Iron Monuments k) Surveying and Staking ## l) Traffic Controls Signs m) Streets (including curb, gutter, and driveway aprons) n) Boulevard Restoration and Re-seeding o) Sidewalks p) Ten (10’) foot bituminous trail ## q) Vegetated Buffer The Improvements shall be installed in accordance with all required provisions of the City Code and coordinated with and approved by the City’s Planners, Engineers, and Public Services Department. ## As 6 ## Sherburne Land Company LLC – Fossum Fields Third Addition the Developer wishes to split the Property into two phases the following requirements apply under this Agreement. 1) Phase 1 shall consist of thirty-one (31) lots. Phase 2 shall consist of twenty-one (21) lots, as identified in the PUD Narrative and on the preliminary plat. While Phase I of the plat shows 31 lots, only 28 of them will be built on during construction of the first phase. The three others will remain vacant until Phase 2. 2) The Sanitary Sewer design must be approved by the City Engineer. At the City Engineer’s discretion, the sanitary sewer may be required to be installed for all phases to accommodate the required minimum depths of the system. 3) Positive drainage, directing stormwater away from all structures and away from neighboring properties, must be provided for and maintained on all lots within the Development during all phases. Additionally, drainage and grading must direct runoff to retention basins within the Development during all phases. 4) Six (6’) foot sidewalks must be installed along one side of all streets running throughout the development. 5) A Ten (10’) foot bituminous trail must be installed around the perimeter of the Development adjacent to 153rd Ave SE and 127th Street SE on the western and southern boundaries of the plat during the first phase of the Development. A portion of said trail will be required to be installed by the Developer across Outlot E of Fossum Fields when either of the following occur: (a) Development to the east of Fossum Fields Third, and subsequent phases, occurs; or (b) When the City determines a turn lane is necessary on 127th Street SE. The cost of the trail shall be the responsibility of the Developer. If portions of the trail do not lie within the public street right of way, dedicated trail easements must be provided to the City as part of this Phase of the development. 6) Since this is a multi-phased plat, final plat application(s) for any subsequent phases must be submitted within two (2) years after approval of the previous phase final plat or the preliminary plat 7 ## Sherburne Land Company LLC – Fossum Fields Third Addition shall be considered void. Prior to the expiration of the final plat deadline, the Planning Commission may extend the approval for an additional (2) years. Only one (1) extension may be granted per phase of the preliminary plat. 7) Subsequent phases of the plat must obtain separate development agreements from the City at the time of requested approval for said plat. The Developer shall submit plans and specifications for permit which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer which approval shall be provided on the condition that such submittals comply with the Plans, this Agreement, and the approving Resolutions. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work as the City may reasonably determine. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and contract administration between the Developer and the Developer’s contractor. The Developer or his engineer shall notify the City Engineer a minimum of 48 hours prior to commencing construction on the Property. Within thirty (30) days after the completion of the Improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible “as constructed” plans, an electronic file of the “as constructed” plans and preliminary and final plats in an Auto CAD file based upon the Sherburne County coordinate system, all prepared in accordance with City standards for all public Improvements. 8. IRON MONUMENTS. In accordance with Minnesota Statutes 505.02 the final placement of iron monuments for all lot corners must be completed before any applicable security is released. The Developer’s surveyor shall also submit a written notice to the City certifying that the monuments have been installed. 8 ## Sherburne Land Company LLC – Fossum Fields Third Addition 9. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to City of Becker Building Permits and any required supplemental drawings, plans or other information. 10. TIME OF PERFORMANCE. The Developer shall install all required Improvements for the Development as contemplated by Section 4 and 6 and the approved Plans by ______________, 20____. 11. LICENSE. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the described Property to perform all work and inspections deemed appropriate by the City in conjunction with the Development Plans. 12. EROSION CONTROL. All areas disturbed by the excavation and backfilling operations shall be stabilized or reseeded within five (5) days after the completion of the work, weather permitting, or in an area that is inactive for more than seven (7) days, unless otherwise authorized and approved by the City Engineer, and in accordance with the project’s accepted Storm Water Pollution Prevention Plant (SWPPP) and the requirements of any required National Pollutant Discharge Elimination System (NPDES) permit. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City’s current seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be maintained as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. The Developer shall reimburse the City for all costs incurred in connection with such actions. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs or seek reimbursement by other methods. No development, parking lot, or Utility construction will be allowed, and no building permits will be issued unless the Subdivided Property is in full compliance with the approved erosion control plan. 9 ## Sherburne Land Company LLC – Fossum Fields Third Addition 13. TREE PRESERVATION, DRAINAGE AND LOT DESIGN. These plans for the plat were submitted on April 3 rd , 2026. 14. LANDSCAPING & HARDSCAPING. The Developer shall ensure landscaping conforms to the submitted plans (and any other revisions to said plan required by City Staff). Landscaping, including but not limited to lawn maintenance, tree planting, and boulevard restoration and maintenance shall also conform to current City Code. The Developer must ensure that all hardscaping, including but not limited to sidewalks, curb and gutter, driveway aprons and other pathways, are installed according to the aforementioned Civil Plan Set dated April 3 rd , 2026 (and any other revisions to said plan required by City Staff). Hardscaping, including but not limited to sidewalks, curb and gutter, driveway aprons and other pathways, must also conform to current City Code. A vegetated buffer must be installed along the perimeter of the Development adjacent to the 127 th Street SE Right of Way. Said buffer must be approved by the Zoning Administrator and City Engineer prior to installation. Maintenance of said buffer shall be the responsibility of each property owner that abuts the Right of Way where said buffer is installed. All planting material must be maintained in its natural and proper state according to accepted landscaping and horticultural practices. Determination that the buffer is not being maintained is at the discretion of the City. If the City finds that maintenance is not occurring or that accepted landscaping and horticultural practices are not being properly followed the City shall notify the property owner of their responsibilities to maintain said buffer. In the same event, the City will fix any issues, including but not limited to pruning, replacement, and removal of debris, that arise from lack of maintenance and adherence to accepted landscaping and horticultural practices and will bill all costs back to said property owners. If prompt payment is not made for all costs incurred by the City, the amount will be assessed against the property and said assessment will be recorded against title at Sherburne County. The Developer must provide the buyers of Lot 12, Lot 13, Lot 14, Lot 15, Lot 16, Lot 17, and Lot 18, of Block 2 of Fossum Fields Third Addition a copy of Resolution 26-37, Resolution 26-40 and the Development Agreement highlighting said buyer’s responsibilities of maintaining said vegetated buffer. 10 ## Sherburne Land Company LLC – Fossum Fields Third Addition 15. CLEAN UP AND SNOW REMOVAL. The Developer shall clean dirt and debris from streets and rights-of-way that has resulted from construction work by the Developer, subcontractors, their agents or assigns. The Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. Developer shall be responsible for all snow removal from sidewalks on vacant lots to the extent that City ordinance requires snow removal from sidewalks on constructed homes. Developer shall be responsible for ensuring that all vacant lots comply with the City’s Code regarding nuisances. 16. TRAFFIC CONTROL SIGNS AND STREET MAINTENANCE COSTS. The Developer shall supply all traffic control signage and keep streets free from grit, dirt, and debris. Developer will timely respond to signage or maintenance needs, if in the opinion of the City Engineer signage is necessary, damage is done to the street, or material deposited on the street will result in corrective action upon notification. 17. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, the Developer shall furnish and deliver to the City with a cash escrow or letter of credit, in the form attached hereto as Exhibit A (or as deemed acceptable by the City), from an FDIC insured bank (“security”) for $ _XXX,XXX___ before any additional City approvals become effective. No work shall be commenced under this Agreement until the Developer shall file with the City security for the amount specified. The security must be pledged for the duration of the installation, construction and payment of Improvements and Utilities and the performance of this Agreement and for the warranty period required in this Agreement as assurance and warranty for the proper installation and construction by the Developer of the Improvements and Utilities. All security provided must specify that funds will be paid to the City upon written demand from time to time by the City to the extent of default herein by the Developer in the completion of construction, installation, completeness, fitness, payment and warranty of the Improvements and /or for the performance of this Agreement. The amount of the security includes all of the security requirements set forth in the preceding sections of this Agreement, and was calculated as follows: Construction of Required Storm, Sewer, and Water Connections (125%) $XX,XXX 11 ## Sherburne Land Company LLC – Fossum Fields Third Addition Construction of Required Street, Curb / Gutter, Driveway Aprons (125%) $XX,XXX Construction of Sidewalk (125%) $XX,XXX Construction of Ten foot (10’) Bituminous Trail (125%) $XX.XXX Installation of a Vegetated Buffer $XX,XXX Installation of Boulevard, Stabilization and Re-seeding (125%) $XX,XXX Final Grading and Restoration (125%) $XX,XXX Construction of Mailboxes and Lighting (125%) $XX,XXX Temporary Cul-de-Sac Installation, Removal, Maintenance, Restoration (125%) $XX,XXX ## TOTAL SECURITIES $XXX,XXX.XX This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The Letter of Credit shall allow the City to draw upon the instrument, in whole or in part, in order to complete construction of any or all of the Improvements or to satisfy the claims of contractors or suppliers which have not been satisfied by Developer. The City may draw down the security, upon ten (10) business days’ prior written notice to the Developer for any violation of the terms of this Agreement. Amounts drawn shall not exceed the amounts necessary to cure to the default. If the required Improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed to the quality as required by the City, and that the Developer has taken all steps necessary to ensure that no liens will attach to the plat, and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time up to ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer’s engineer for financial obligations that have been satisfied shall be retained as security until all Improvements have been completed, all financial obligations to the City satisfied, the required “as constructed” plans have been received by the City, a warranty security is provided, and the public Improvements are accepted by the City Council. The City 12 ## Sherburne Land Company LLC – Fossum Fields Third Addition standard specifications for Improvements, Utilities and street construction outline procedures for security reductions. 18. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash deposit under this Agreement which must be furnished to the City prior to the recording of the Final Plat, unless otherwise noted. All amounts are to be paid in USD. Developer is installing water, storm, and sanitary sewer infrastructure so no payment for Trunk Fees is required. Fees must be paid as required by the agreement prior to its finalization. Parkland dedication fees (in-lieu of land dedication) are required. Based on the current formulas in Article III of the Unified Development Ordinance, the total parkland dedication fee is determined to be $156,119.66 (1.79 acres required multiplied by an AFMV per acre of $87,217.63) or $3,007.29 per unit ($156,119.66 / 52 units). Due to a 6.41 acre park going in approximate .20 miles northwest of the site that will serve the lots in the development, parkland fees have been reduced to $980.39 per unit. Parkland Dedication Fee $30,392.09 ## T ## OTAL CASH REQUIREMENTS: $30,392.09 Parkland Dedication Fees shall be paid in installments due to the City in cash in accordance with the schedule as follows: 1 st Payment – January 31 st , 2027 in the amount of $10,130.70 2 nd Payment – January 31 st , 2028 in the amount of $10,130.70 3 rd Payment – January 31 st , 2029 in the amount of $10,130.69 The Developer must sign an Assessment Waiver, on a form provided by the City, for said dedication fees prior to release of the first building permit. If the Developer is unable to pay the Parkland Dedication Fees, the City will assess any outstanding payments to properties in the Development. The following is a summary of the cash deposit required under this Agreement which has already been furnished to the City through the preliminary plat application: ## City Code Section 12 Escrow (Engineering, City Administration, Legal Expenses in relation to the plat, the Development Agreement, 13 ## Sherburne Land Company LLC – Fossum Fields Third Addition and Improvements) $8,000.00 ## TOTAL CASH REQUIREMENTS ALREADY PAID: $8,000.00 The $8,000 escrow amount identified above will be held and all bills will be paid from said escrow. If said fees are less than estimated, the City shall reimburse the Developer within thirty (30) days of receipt of final invoices. If it appears that the actual costs incurred will exceed the escrow held, Developer and City shall review the costs required to complete the project and Developer shall deposit additional sums with the City. If escrow deposit to replenish the account is not made in a timely fashion, the project will stop until such escrow, in an amount deemed necessary by the city, shall be receipted. ## 19. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the project, the preparation of this Development Agreement, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the project, as well as review of record drawings and updating City base maps. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from project approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys’ fees. C. The Developer shall reimburse the City for reasonable costs incurred in the enforcement of this Development Agreement, including engineering and attorneys’ fees. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Development Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of twelve percent (12%) per year. 14 ## Sherburne Land Company LLC – Fossum Fields Third Addition F. The Developer will pay a park dedication fee, as required in Section 18 of this Agreement. A Parkland Dedication fee will be required for all lots under subsequent phases. Parkland Dedication Fee for subsequent phases will be pursuant to the most recent City Council adopted fee schedule. ## G. In addition to the charges and special assessments referred to herein, other charges as required by City ordinance may be imposed such as, but not limited to, sewer availability charges (“SAC”), water availability charges (“WAC”) and building permit fees. SAC and WAC fees shall be paid by the Developer prior to the issuance of the Certificate of Occupancy for each unit in the development. The Developer acknowledges that sewer and water access charges will be payable at then current rates at the time building permits are pulled for construction. H. The Developer agrees to reimburse the City for any costs incurred by the City in the review of the final plat for this Development. The Developer is required to submit the final plan in electronic format. The electronic format shall be in the form of a .dwg (AutoCAD file). The Developer must also submit to the City one complete set of reproducible construction plans and plat on Mylar. 20. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, upon giving fourteen (14) days written notice to the Developer citing such default, either 1) perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, or 2) declare all of the unpaid amounts levied pursuant to this Agreement, if any, due and payable in full, and may immediately commence legal action against the Developer to collect the entire unpaid balance, including reasonable attorney’s fees and costs. This Development Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. For this purpose, the Developer expressly waives any procedural and substantive objections to the special assessments, including, but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the Property. 15 ## Sherburne Land Company LLC – Fossum Fields Third Addition ## 21. MISCELLANEOUS. A. The Developer represents to the City that the project complies with all city, county, state, and federal laws and regulations, including but not limited to, zoning ordinances, and environmental regulations. If the City determines that the project does not comply, the City may, at its option, refuse to allow construction in the project until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City or Developer under this Development Agreement. C. Breach of the terms of this Development Agreement by the Developer shall be grounds for denial of building or other permits. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Development Agreement is for any reason held invalid or unenforceable, such decision shall not affect the validity of the remaining portion of this Development Agreement. E. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Development Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City’s failure to promptly take legal action to enforce this Development Agreement shall not be a waiver or release. F. This Development Agreement shall run with the land and will be recorded against the title to the Property. The Developer covenants with the City, its successors, and assigns, that the Developer is well seized in fee title of the Property described herein and/or has obtained consents to this Development Agreement, in the form attached hereto, from all parties who have an interest in the Property; that there are no unrecorded interests in the Property; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. G. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein 16 ## Sherburne Land Company LLC – Fossum Fields Third Addition set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. H. The Developer may not assign this Development Agreement without the written permission of the City Council. The Developer’s obligation hereunder shall continue in full force and effect even if the Developer sells the entire Property or any part of it. City will not withhold its consent to Developer assigning this Agreement to an entity controlled by Developer, where control means a greater than fifty percent equity and voting interest if Developer provides reasonable evidence of such control. Any assignee must assume all responsibilities under the Agreement. No assignment of this Agreement by Developer shall release or relieve Developer from any obligations or liabilities under this Agreement. I. The City hereby grants license for the Developer to obtain access to and from said Property. Any such access shall receive all necessary permits and approvals and shall be removed at the Developer’s expense at the time of construction of the public Improvements. J. The Developer herby grants the City, its agents, employees, officers and contractors a license to enter the Property to perform all work and/or inspections deemed appropriate by the City during the development of the Property. K. The construction, installation, materials and equipment used shall be in accordance with the plans and specifications approved by the City Engineer. The Developer will cause the contractors to furnish the City Engineer with a work schedule at least (10) days prior to commencement of construction work of the Improvements. Grading and the use of power equipment between the hours of seven (7) o’clock p.m. and seven (7) o’clock a.m. is prohibited. L. The Developer shall secure and make available to the City at no cost to the City all permanent or temporary easements necessary for the installation and maintenance of the Improvements and Utilities as determined necessary by the City Engineer. All such easements requested by the City shall be in writing in recordable form approved by the City, and recorded by the Developer 17 ## Sherburne Land Company LLC – Fossum Fields Third Addition prior to construction. Copies of easements shall be provided to the City prior to construction and also provided to the City with verification of recording. M. Low maintenance monument signage must be installed at the main entrance to the subdivision on 153rd Avenue SE. The sign and landscaping must be approved by the Zoning Administrator and City Engineer. Maintenance of said monument signage is responsibility of the property owner of Lot 1, Block 2 of Fossum Fields Third Addition. Said sign must be maintained in good repair in perpetuity. Determination that the sign is not being maintained is at the discretion of the City. If the City finds that maintenance is not occurring the City shall notify the property owner of their responsibilities to maintain said signage. In the same event, the City will fix any issues, including but not limited to replacement or materials, and removal of debris, that arise from lack of maintenance and will bill all costs back to said property owner. If payment is not made to the City for all costs incurred by the City within sixty (60) days of the date of the invoice, the amount will be assessed against the property and said assessment will be recorded against title at Sherburne County. The Developer must provide the buyer of Lot 1, Block 2 of Fossum Fields Third Addition a copy of Resolution 26-37, Resolution 26-40, and the executed Development Agreement highlighting responsibilities of maintaining said signage. N. All homes to be built must be of varied styles including, but not limited to, split-level homes. All homes to be built must include architectural features, including, but not limited to, porches and varied exterior materials, including, but not limited to, stone, brick, and shakes. O. All final building garage elevations must be at least 18 inches above the finished street grades in front of each lot unless the lot elevation is significantly lower than the street grade AND drainage for the lot can be accomplished in another fashion which is acceptable to the City Engineer and the building official. P. Fences constructed on Lots 12 through Lot 18, of Block 2 of Fossum Fields Third Addition must remain outside of the drainage and utilities easements for the infiltration basin adjacent to 153rd Ave SE and 127th Street SE unless authorized by City Staff and the City Council. Q. All street lighting must be fully shielded to minimize light pollution. 18 ## Sherburne Land Company LLC – Fossum Fields Third Addition R. All mailbox locations must be installed to required local, state, and federal regulations and must be approved by the local Postmaster and City of Becker Public Works Department. S. Outlot A, as shown on the Plat, shall be dedicated to the City of Becker for drainage and stormwater management purposes. T. To the greatest extent possible, the Developer shall encourage all trucks delivering supplies, including but not limited to soil and heavy construction equipment, to access the site via appropriate routes as determined by the City Engineer. U. The City Engineer has noted that there is a risk that in the event of a 100-year rain event (or greater) that localized ponding may develop in the rear yards of Outlot C, Lots 2-6, Block 1 and Lots 9-12, Block 1 of the final plat of the Development. The Developer must provide the buyers of Outlot C, Lots 2-6, Block 1 and Lots 9-12, Block 1 of Fossum Fields Third Addition a copy of the executed Development Agreement highlighting this item, so they are aware of the risk when buying the property. V. Due to the development being completed in multiple phases, 42 nd Avenue SE is proposed to be terminated at the point indicated on the approved Civil Plans for Phase I. Phase 2 of the development is proposed to be initiated in 2029. The termination of 42 nd Avenue SE in Phase I will be a distance of more than two hundred (200) feet from the dead-end and the nearest intersection. As a result, a temporary cul-de-sac must be installed at the end of 42 nd Avenue SE. Said temporary cul-de-sac must be installed in conformance with requirements established by the City Engineer and Public Works Director. Any portions of the temporary cul-de-sac that are outside the street right of way must be placed within a temporary roadway easement. In the event a temporary easement is necessary, easements must provided by the Developer to the City and must be finalized prior issuance of the first building permit for Phase I. Said temporary cul-de-sac must be posted with signage indicating that the road is proposed to be a through road to alert the public that the road is planned to continue into the next development upon future subdivision. Financial security, as detailed in Section 17, for the temporary cul-de-sac installation, removal, maintenance, and restoration shall be provided to the City. Said temporary cul-de-sac must be 19 ## Sherburne Land Company LLC – Fossum Fields Third Addition maintained by the Developer, in coordination with the Public Works Department and City Engineer, in good repair in perpetuity. Determination that the temporary cul-de-sac is not being maintained is at the discretion of the City. If the City finds that maintenance is not occurring the City shall notify the Developer of their responsibilities to maintain said temporary cul-de-sac. If the Developer does not maintain said temporary cul-de-sac, the City will fix any issues, including but not limited to replacement of materials, and removal of debris, that arise from lack of maintenance and will bill all costs back to the Developer. If payment for all City-incurred costs is not made within sixty (60) days of the invoice date, the outstanding amount will be assessed against the remaining properties within the development owned by the Developer, or any future owner of undeveloped Developer-owned properties. This assessment will then be recorded against the title at Sherburne County. 2 2. INSURANCE. The Developer agrees to take out and maintain or cause to be taken out and maintained until after the City has accepted the public Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer’s work or the work of its contractors or subcontractors. Limits for bodily injury and death shall be no less than $1,500,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City and it’s agents must be named as an additional insured on the policy. The Developer shall file with the City a certificate evidencing coverage prior to the City signing any future approvals. The certificate shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the insurance. 23. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Sherburne Land Company, LLC, 17207 198 ## TH Ave NW, Big Lake, Minnesota, 55309. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator or mailed to the City by certified mail in care of the City Administrator at the following address: Becker City Hall, 12060 Sherburne Avenue, Becker, Minnesota 55308-0250. 20 ## Sherburne Land Company LLC – Fossum Fields Third Addition ## City Signature page to Development Agreement ## City of Becker ## CITY OF BECKER ## BY: ________________________________________ ## Mark Kolbinger, Mayor ## (SEAL) ## BY: _____________________________________ ## Shannon Mortenson, City Clerk ## STATE OF MINNESOTA ) ) ss. ## COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this ________ day of ________________, 2026, by Mark Kolbinger and by Shannon Mortenson, respectively the Mayor and City Clerk of the City of Becker, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. _______________________________________ ## NOTARY PUBLIC 21 ## Sherburne Land Company LLC – Fossum Fields Third Addition ## Developer Signature page to Development Agreement ## Sherburne Land Company, LLC ## DEVELOPER: ## SHERBURNE LAND COMPANY, LLC ## BY: ___________________________________ Its ___________________________ ## STATE OF MINNESOTA ) ) ss. ## COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2026, by ______________________________ the owner and developer of the subject properties. _______________________________________ ## NOTARY PUBLIC ## THIS INSTRUMENT WAS DRAFTED BY: ## Austin Petersen ## Associate Planner ## City of Becker ## 12060 Sherburne Ave SE 22 ## Sherburne Land Company LLC – Fossum Fields Third Addition ## EXHIBIT A TO ## DEVELOPMENT AGREEMENT ## FORM OF ## IRREVOCABLE LETTER OF CREDIT No. ___________________ Date: _________________ ## TO: City of Becker ## 12060 Sherburne Ave ## Becker, MN 55308 ## Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, “Drawn under Letter of Credit No. ________, dated ____________, 2____, of (Name of Bank) ; b) Be accompanied by an affidavit signed by the Mayor or City Clerk of the City of Becker certifying that ________________________________ is in default of the Development Contract with the City of Becker and that five (5) business days prior written notice has been given by the City to the Developer with respect to the existence of such default, and such default has not been cured. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on __________________ (one year from date of issuance of Letter of Credit). This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Becker City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Becker City Administrator, Becker City Hall, 12060 Sherburne ## Avenue SE, Becker, Minnesota 55308-0250 and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. ## BY: ____________________________________ Its ______________________________ ## RESOLUTION 26-71 ## A RESOLUTION APPROVING AMENDING THE DEVELOPMENT AGREEMENT ## FOR FOSSUM FIELDS THIRD ADDITION WHEREAS, Sherburne Land Company, LLC, owner and applicant, made an application for a preliminary and final plat for a subdivision to be known as Fossum Fields Third Addition; and, WHEREAS, the properties (“Property”) are currently legally described as: Outlot A, Fossum Fields Second Addition; and Outlots C, D, F, and G, Fossum Fields, according to the recorded plats thereof, Sherburne County, Minnesota WHEREAS, the City of Becker City Council approved of a final plat request for Fossum Fields Third Addition (“Plat”) via Resolution 26-40; and, WHEREAS, the resulting lots in said Plat, once said Plat is recorded, will be legally described as: Outlot A, B, and C and Lots 1-13, Block 1 and Lots 1-18, Block 2, Fossum Fields Third ## Addition, Sherburne County, Minnesota WHEREAS, the City Council approved the draft development agreement for said development on June 2, 2026; and, WHEREAS, after receiving contractor bids back, the owner determined that the project, as bid upon, would be unfeasible; however, to preserve the project and continue to move it forward, revised civil plans were submitted that changed when certain utilities would be installed and removed 3 lots from being developed during Phase 1 to Phase 2. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Becker City Council hereby approves the revised draft development agreement for Fossum Fields Third Addition and authorizes the City Engineer and City Attorney to make changes to said agreement prior to final signatures and execution. The City of Becker City Council does also hereby authorize the Mayor and City Administrator to sign the final version of said Agreement. ## Mark Kolbinger __________ Rick Hendrickson __________ ## Robin Dingmann __________ Mike Doering __________ ## Becky Olmscheid __________ Resolution 26 -71 Page 2 Adopted this 5 th day of August, 2026. _____________________________ ## Mayor Mark Kolbinger ## Attest: __________________________ ## Shannon Mortenson, City Clerk ## STATE OF MINNESOTA } ## COUNTY OF SHERBURNE } SS. The foregoing instrument was acknowledged before me this ______ day of ______________, 2026 by ___________________________________________________. ______________________________________ Signature of person taking acknowledgement Drafted by: ## Austin Petersen, Associate Planner ## 12060 Sherburne Ave SE ## Becker, MN 55308 ## PROJECTCOSTSUMMARY ## 2026STREETS ## GROSS ## NET ## DATE ## VENDORINVOICE# ## AMOUNTAMOUNTRETAINAGE 7/15/ ## 2026CAPITALPAVING ## PAYAPP#1 320,123.24304,117.08 (16,006.16) 7/29/2026 ## CAPITAL ## PAVING ## PAY ## APP#2200,853.80190,811. 11 10,042.69) ## PROJECTTOTAL 520,977. 04 494,928.19 ( 26,048.85) ## PROJECTSUMMARYBUDGETACTUAL 4/ 21/ 2026 ## BASEBIDBECKER188714 ## Schedule ## A-Allstreets including ## Jade 1, 219,344.84520,977.04 ## BASEBID ## BECKER 188714 ## Schedule ## B-BNSF ## Quiet ## Zone31,281.67 ## TOTAL 1, 250,626.51520,977.04 ## Less applicable retainage26,048.85) ## Total 494,928. 19755,698.32) ## Under ## PayApp#1 ## City ## Streets-Base 297,270.27 400- 4692-431- 510 202601Streets ## Jade- 35thStreetExtension 3,154.58 400-4684-467-510 202606FutureImprovements ## Liberty ## Lane-Hancock ## StreetRR ## Quiet ## Crossing 0.00 400-4692-431- 510 202608Streets ## PublicWorksPavement 3,692.23 400- 4671-467- 510 202605PublicWorks ## PayApp#2 ## City ## Streets- ## Base 42,772.17 400-4692- 431- 510 202601Streets ## Jade-35th ## Street ## Extension 97,623. 22 400- 4684-467- 510 202606FutureImprovements ## Liberty ## Lane- ## HancockStreetRR ## Quiet ## Crossing 0. 00 400- 4692-431- 510 202608Streets ## PublicWorksPavement 50,415.72 400- 4671-467- 510 202605PublicWorks ## ShortElliott ## Hendrickson Inc. ## Page1of5 2351ConnecticutAvenue, Suite300 ## Sartell, MN56377 ## Contract ## Number: BECKR188714 ## Pay RequestNumber: 2 ## ProjectNumber ## ProjectDescription ## BECKR188714 2026StreetImprovements ## Contractor: Capital ## Paving ## VendorNumber: N/A 20021EdisonCircle ## Up ToDate: 07/24/2026 ## Clearwater, MN55320 ## ContractAmount ## OriginalContract 1, 250,626.51 ## ContractChanges 0.00 ## RevisedContract 1, 250,626.51 ## WorkCertifiedToDate ## BaseBidItems 520,977.04 ## ContractChanges 0.00 ## Material ## On ## Hand 0.00 ## Total 520,977.04 ## WorkCertified ## WorkCertifiedToLess ## AmountLessPrevious ## AmountPaidThis ## TotalAmount ## This ## RequestDate ## Retained ## Payments ## RequestPaidToDate 200,853. 80520,977.04 26,048.85304, 117.08 190,811.11 494,928.19 ## Percent: Retained: 5% PercentComplete: 41.66% Thisis tocertifythattheitemsofworkshownin thiscertificateofPayEstimatehavebeenactuallyfurnishedfortheworkcomprisingthe above-mentionedprojectsinaccordancewiththeplansandspecificationsheretoforeapproved. ## Approved ## By: ## Short ## Elliott HendricksonInc. ## Approved ## By: ## CapitalPaving ## I f t ) _ 3', ea- 41142 ( it/GdItii- ## Date 07/29/ 2026 ## Date 7-29-26 ## Approved ## B : ityofBecker ## Date 0- 1 _ 30.ujlG ## SEH ## PROJECTCOSTSUMMARY ## EDGEWOODSTREET-2026 ## GROSS ## NET ## DATEVENDORINVOICE# AMOUNTAMOUNT ## RETAINAGE 7/ 29/ 2026 ## CAPITAL ## PAVING ## PAYAPP#1486, 259. 63 461, 946.65 (24,312.98) ## PROJECTTOTAL 486,259.63 461,946.65 (24,312.98) ## PROJECT ## SUMMARY ## BUDGET ## ACTUAL ## 4/21/2026CITY( ## NON ## PARTICIPATING) 26,102.91 ## SAP256-109-011408,142.63 ## SAPSTORMSEWER256-109-001 27,701.11 ## TOTAL 2,086, 466. 38486,259.63 ## Lessapplicableretainage24,312.98) Total461,946. 651,624,519.73) ## Under ## PayApp#1 ## CITY( ## NON ## PARTICIPATING) 26,102.91 400-4692- 431- 510 ## 202611EDGEWOODRECONNON-MSAS ## SAP256-109-011 408,142.63 400- 4692-431-510 ## 202603EDGEWOODRECONSTRUCTION ## SAPSTORMSEWER 256-109-001 27,701.11 400- 4692-431- 510202603 ## EDGEWOODRECONSTRUCTION ## Short ## Elliott HendricksonInc. Page1 of5 2351ConnecticutAvenue, Suite300 ## Sartell, MN56377 ## ContractNumber: ## BECKR186572 ## Pay RequestNumber: 1 ## Project ## Number ## ProjectDescription ## BECKR186572 2026EdgewoodStreetImprovements ## Contractor: Capital ## Paving ## VendorNumber: ## N/A 20021Edison ## Circle ## Up ## ToDate: 07/24/2026 ## Clearwater, MN55320 ## ContractAmount ## Original ## Contract 2,086,466.38 ## ContractChanges 0.00 ## Revised ## Contract 2,086,466.38 ## WorkCertifiedToDate ## BaseBid ## Items486,259.63 ## ContractChanges 0.00 ## Material ## On ## Hand0.00 ## Total 486,259.63 ## Work ## Certified ## Work ## Certified ## To ## LessAmountLessPreviousAmountPaidThisTotalAmount ## ThisRequest ## DateRetainedPaymentsRequest ## PaidToDate 486,259.63 486, 259. 6324,312.980.00461, 946.65461,946.65 ## Percent: Retained: 5% PercentComplete: 23.31% Thisis tocertifythattheitemsofworkshownin thiscertificateofPayEstimatehavebeenactuallyfurnishedfortheworkcomprisingthe above-mentionedprojectsinaccordancewiththeplansandspecificationsheretoforeapproved. ## Approved ## By: ## Short ElliottHendricksonInc. ## Approved ## By: ## CapitalPaving ## Date 07/ 29/2026 ## Date 7-29-26 Approved • , ityofBecker ## Date b - 3o • loU,