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6/21/2022 - City Council - Regular - Agendas CITY OF SPRING PARK CITY COUNCIL AGENDA JUNE 21, 2022 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake 3linnetonka 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ADOPT MEETING AGENDA 4. ADOPT CONSENT AGENDA* a. Approve Regular City Council Meeting Minutes from June 6, 2022 b. Approve Special Event Permit: Back Channel - Bladerade Skate Jam -July 22, 2022 c. Approve Special Event Permit: Back Channel - Sunset Sets -July 9, 2022 5. PUBLIC FORUM** 6. PRESENTATIONS & GUEST SPEAKERS 7. PUBLIC HEARINGS: July 5, 2022 - Holy Family: Conduit Financing—Public Notice Attached 8. PETITIONS, REQUESTS, &APPLICATIONS 9. ORDINANCES & RESOLUTIONS: 10. REPORTS OF OFFICERS AND COMMITTEES a. Mayor& Council: i. Fire Commission Report b. City Staff: i. Administrator's Report • HCCRA payment for permanent and temporary easements for West Arm Road • Interim Administrator proposal for additional services c. Contract Staff: 11. NEW BUSINESS & COMMUNICATIONS 12. CLAIMS FOR PAYMENT a. June 20, 2022 Claims 13. UPCOMING MEETINGS &TRAINING a. July 5 - Regular City Council Meeting— 7:15PM b. July 5 - Public Hearing—7:OOPM c. July 13 —Planning Commission Meeting/Public Hearing—The Yacht Club— 6:OOPM d. July 18 —Regular City Council Meeting— 7:OOPM e. July 18 —Work Session Meeting— 6:OOPM 14. MISCELLANEOUS (,INFORMATION ONLY" 15. ADJOURNMENT *The Consent Agenda lists those items of business which are considered to be routine,recommended for approval,and/or which need no discussion. The several separate items listed on the Consent Agenda are acted upon by one motion. There will be no separate discussion of these items unless a Council Member makes a request,in which event the item will be removed from the Consent Agenda and placed elsewhere on the regular agenda for Council discussion and action. ** Under Public Forum individuals may address the City Council about any item not contained on the regular agenda. Each speaker should keep their statements to three minutes to allow sufficient time for others.The Council will take no official action on items discussed at the forum,with the exception of referral to staff for future report. CITY OF SPRING PARK CITY COUNCIL MINUTES JUNE 6, 2022 PUBLIC HEARING - 7:00 PM SPRING PARK COUNCIL MEETING -7:15 PM On Lake Minnetonka SPRING PARK CITY HALL 1. CALL TO ORDER The public hearing was called to order at 7:00 p.m. and opened for discussion. The regular city council meeting was called to order at 7:06 p.m. Mayor Jerome P. Rockvam and Council Member's Chase, Hughes, Hoffman, and Horton were pre- sent. Staff Present: Interim City Administrator Brimeyer, City Engineer Nielson Guests Present: Rebecca Kurtz, Ehlers 2. PLEDGE OF ALLEGIANCE Mayor Rockvam led the audience in the Pledge of Allegiance. 3. ADOPT MEETING AGENDA Council Member Hu ,gbes motioned, being seconded by Council Member Chase to adopt the meeting agenda as pre ented. On vote being taken, the motion was unanimously approved. 4. ADOPT CONSENT AGENDA Council Member Horton motioned, being seconded by Council Member Hoffman to: a. Approve Regular City Council Meeting Minutes from May 16, 2022 b. Approve Special City Council Meeting Minutes from May 23, 2022 c. Approve Special Event Permit: Back Channel Brewing—June 19, 2022 On vote being taken, the motion was unanimously approved. 5. PUBLIC FORUM— Randy Bickman brought forward the issue of the sod replacement for his properties on West Arm Road. City Engineer Nielson stated Norling's is behind on sod but he will follow up this week and advise as to status. He also brought forward several questions regarding the roadwork on West Arm West. Council advised him to set up a meeting with the City Engineer to review as he will have the details Bickman is looking for. 6. PRESENTATIONS & GUEST SPEAKERS —none Council Proceedings June 6, 2022 Page 2 7. PUBLIC HEARINGS —Proposed Property Tax Abatement: Rebecca Kurtz presented information regarding the property tax abatement process and how it worked. She explained that it is simply a mechanism in order for the City to levy taxes and pay debt service on the bonds. There were a few resident questions on how it worked which Rebecca an- swered. There being no further discwssion, Council Member Horton motioned, being seconded by Council Member Hoffman to close the public hearing. On vote being taken, the motion was unanimously approved. 8. PETITIONS, REQUESTS, & APPLICATIONS 9. ORDINANCES & RESOLUTIONS a. Resolution 22-13: Approving Property Tax Abatements: Council Member Hoffman motioned, being seconded by CountilMemberHorton to approve resolution 22-13.11'roperty Tax Abatements. On vote being taken, the motion was unanimously approved. b. Resolution 22-14: Issuance & Sale of General Bond Obligations, Series 2022A Council Member Hoffman motioned, being seconded by Council MemberHorton to approve Resolution 22-14,Issuance Sale of General Bond Obligations, Series 2022A. On vote being taken, the motion was unanimously approved. Roll calk Chase—yes, Hoffman—yes, Horton—yes, Hughes—yes, Rockvam—yes. c. Resolution 22-15: Amending Resolution 22-06, Dates of Meetings, Holidays & Office Hours Council Member Hoffman motioned, being seconded by Council Member Chase to approve Resolution 22-15. Dates of Meefings, Holidays and Oce Hours. On vote being taken, the motion was unanimously approved. 10. REPORTS OF OFFICERS AND COMMITTEES a. Mayor& Council: Council Member Chase brought forward the LMCD is looking at possible restrictions being placed on wake boats. There is a meeting this week to hear comments from those concerned about the issue. b. City Staff; i. Administrator's Report: • Update on Sunset and Park Lane: a. Sunset Lake Access: Brimeyer stated he is meeting with the DNR about installing concrete planks at the landing. He also stated that public works is going to dig for the stake on the North side of the property and that the homeowner is aware. Mayor Rockvam mentioned naming the lake access and including a street sign. Council Member Hoffman wants to be sure the bituminous is addressed on the lake side of the access as it has deteriorated. Council Proceedings June 6, 2022 Page 3 b. Park Lane: Brimeyer stated he has a draft of the easement and wants to have it ready for approval in the 6/21 meeting. • Update on Seanote: Brimeyer stated Bergquist is said he is repairing the boat and then he said he will move it, probably not until next Spring. • Code Enforcement and zoning regulations — MNSPECT Proposal: Council agreed to put this proposal into place to address the code viola- tions and for nuisance management. • Administrator transition: The project plan for the new Administrator is being worked on — his start date is 6/21. As part of the transition, Brimeyer stated he would put together a proposal to be available via phone on an as-needed basis at a reduced rate. If needed at City Hall, staff will advise - he will include a rate for this as well. ii. Holy Family Conduit Financing—Attorney's Review: Council Member Hoffman motioned, being seconded by Council Member Chase, to move forward and set a Public Hearing for July S, 2022. On vote being taken, the motion was unanimously approved. c. Contract Staff: no update 11. NEW BUSINESS & COMMUNICATIONS — none 12. CLAIMS FOR PAYMENT a. June 6, 2022 - Claims for Payment Council Member Horton motioned, being seconded by Council Member Chase to approve the claims forpayment. On vote being taken, the motion was unanimously approved. 13. UPCOMING MEETINGS & TRAINING — a. June 20 - Regular City Council Meeting— 7:OOPM b. June 20 - Work Session Meeting— 6:OOPM c. July 5 - Regular City Council Meeting— 7:OOPM d. July 18 —Regular City Council Meeting— 7:OOPM e. July 18 —Work Session Meeting— 6:OOPM 14. MISCELLANEOUS (INFORMATION ONLY 15. ADJOURNMENT There being no further discussion, Council Member Hoffman motioned, being seconded by Council Member Chase to adjourn the meeting at 7:59p.m. On vote being taken, the motion was unanimously approved. Council Proceedings June 6, 2022 Page 4 Jamie Hoffman, City Clerk Jim Brimeyer, Interim City Administrator STAFF MEMO BACK-CHANNEL BREWERY SPECIAL EVENT — BLADERADE SPRING PARK FRIDAY JULY 22, 2022 On Lake 911innetonka 1. BACKGROUND: Back Channel Brewery is requesting a permit for a special event to be held on Friday July 22nd, 2022. The Bladerade Skate Jam special event is scheduled from 3:00 p.m. to 9:00 p.m. and it will be held in the North parking lot. 2. DISCUSSION: The event requires a special event application. A list of draft conditions is attached for Council review. The event organizers will need to coordinate with the Mound Fire Department and Orono Police Department prior to the event to ensure that all necessary safety precautions have been taken. 3. FINANCIAL CONSIDERATIONS: All required permit fees have been received. 4. RECOMMENDED ACTION: Approve Special Event Application No. 22-12 for event on July 22, 2022 with the attached list of conditions. STAFF MEMO BACK-CHANNEL BREWERY SPECIAL EVENT — SUNSET SETS SPRING PARK SATURDAY JULY 9, 2022 On Lake 9Winnetonka 1. BACKGROUND: Back Channel Brewery is requesting a permit for a special event to be held on Saturday July 9`'', 2022. The "Sunset Sets" special event is scheduled from 3:00 p.m. to 9:00 p.m. and it will include outdoor music (live DJ) in the brewery's extended patio area of the south parking lot. 2. DISCUSSION: The request for outdoor music requires a special event application. A list of draft conditions is attached for Council review. The event organizers will need to coordinate with the Mound Fire Department and Orono Police Department prior to the event to ensure that all necessary safety precautions have been taken. 3. FINANCIAL CONSIDERATIONS: All required permit fees have been received. 4. RECOMMENDED ACTION: Approve Special Event Application No. 22-11 for event on July 9, 2022 with the attached list of conditions. FINAL CONDITIONS BACK-CHANNEL BREWERY SPECIAL EVENT— "SUNSET SETS" LIVE MUSIC SATURDAY JULY 9, 2022 SPRING PARK On Lake Minnetonka SPECIAL EVENT CONDITIONS 1. At no point shall any alcoholic beverages be allowed outside of the previously approved extended patio area (demarcated with barriers) or the principal building. 2. Live music (including music played by a DJ) will be permitted between the hours of 3:00 pm and 9:00 pm. Additionally, all noise shall comply with section 18-122 of the Spring Park City Code. In the event of legitimate complaints made to the Orono Police Department, Back Channel Brewing shall be required to comply with any and all recommendations made by the Orono Police Department to bring the noise levels into compliance. 3. The event organizer must send notice of the event to all properties within 350 feet of the Brewery. The City will provide the event organizer with a list of properties to be notified. 4. Any additional conditions recommended by the Mound Fire Department and the Orono Police Department shall be complied with. NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR ISSUANCE OF REVENUE NOTES, SERIES 2022 (HOLY FAMILY CATHOLIC HIGH SCHOOL) Notice is hereby given that a public hearing shall be conducted by the City Council of the City of Spring Park,Minnesota(the"City") on Tuesday, July 5, 2022 at 7:00 P.M. at the City offices located at 4349 Warren Ave. in the City, to consider the proposal for the City's issuance of conduit revenue notes in one or more series(the"Notes")pursuant to Minnesota Statutes, Sections 469.152 to 469.1655, as amended(the"Act"). The proceeds of the Notes will be loaned to Holy Family Catholic High School, a Minnesota nonprofit corporation(the"Borrower")to (i)refinance certain bonds previously issued(the "Refunded Obligations")by the City of Victoria to refinance the acquisition, construction and equipping of private school facilities located at 8101 Kochia Lane in the City of Victoria,Minnesota(the"Project") and (ii) pay the costs of issuing the Notes. The Project is owned and operated by the Borrower. Following the public hearing,the City will consider adopting a resolution approving the issuance of the Notes to refinance the Project. The aggregate face amount of the Notes proposed to be issued is presently estimated not to exceed $7,850,000. The Notes, if and when issued, will not constitute a charge, lien or encumbrance upon any property of the City except the City's interest in revenues to be paid by the Borrower. Such Notes will be special, limited revenue obligations of the City payable solely from the revenues expressly pledged to the payment thereof, and will not constitute a general or moral obligation of the City, and will not be a charge against the City's general credit or taxing powers, but will be payable solely from revenues or collateral to be paid or provided by the Borrower pursuant to a revenue agreement. All persons interested may appear and be heard at the time and place set forth above or may file written comments with the City Clerk prior to the date of the hearing set forth above. Dated: June 9, 2022. BY ORDER OF THE CITY COUNCIL By /s/Jamie Hoffinan, City Clerk ,A-1 WL300-42-702783.v2 4862-7041-8724\1 2022 MOUND FIRE DEPARTMENT ACTIVITY REPORT MONTH: MAY Emergency Response and Firefighter Hours Detail 2022 2021 Month Firefighter YTD YTD Month Firefighter YTD YTD City Call Type Calls Hours Calls Hours Calls Hours Calls Hours MOUND Fire 11 252 31 665 14 252 49 1009 Rescue 24 419 107 1791 20 379 88 1570 Duty Officer 1 1 6 12 3 4 8 9 MINNETRISTA Fire 4 102 13 248 2 58 13 278 Rescue 5 77 20 359 9 163 23 436 Duty Officer 0 0 2 2 0 0 3 3 SHOREWOOD Fire 2 60 3 75 0 0 1 18 Rescue 1 10 2 26 1 18 1 18 Duty Officer 0 0 0 0 0 0 0 0 SPRING PARK Fire 0 0 15 253 0 0 9 449 Rescue 15 216 53 790 7 129 37 736 Duty Offier 0 0 2 2 0 0 0 0 MUTUAL AID Fire 3 47 14 318 1 72 5 181 Rescue 0 0 0 0 0 I 0 I 0 0 Weather,Special STAND BY Event, Etc. 0 0 0 0 0 0 0 0 Total Activity All Cities Fire 20 461 76 1559 17 382 77 1,935 Rescue 45 722 182 2966 37 689 149 2760 Duty Officer 1 1 10 16 3 4 11 12 Stand By 0 0 0 0 0 0 0 0 TOTAL 66 1184 268 4541 57 1076 237 4707 Monthly Activity by Call Category 2022 2021 COMMERCIAL 2 4 RESIDENTIAL 50 45 OTHER(OUTSIDE/ROADWAY/LAKE/OPEN AREA/MISC) 14 8 SERVICE CALLS(Smoke/CO Detectors) 1 4 LEGITIMATE FIRE ALARMS 0 1 FALSE FIRE ALARMS 0 1 MUTUAL AID AND TRAINING/DRILL SUMMARY 2022 2021 Category Month YTD Month YTD MUTUAL AID CALLS RECEIVED 0 0 2 3 MUTUAL AID CALLS GIVEN 3 14 1 5 TRAINING/DRILL HOURS 407 1886.5 510 1937 Mound Fire Department Incident Reports - Spring Park May, 2022 FIRE FIRE/ FF NO. DATE CITY ADDRESS RESCUE DESCRIPTION ACTION TAKEN HOURS Total Fire Calls 0 Total Fire Hours 0 209 5/2/2022 Spring Park 4659 Shoreline Drive Rescue EMS Transported 17 220 5/7/2022 Spring Park 4501 Shoreline Drive Rescue EMS Cancelled upon arrival by 15 223 5/9/2022 Spring Park 4601 Shoreline Drive, #104 Rescue EMS Assist 16 229 5/11/2022 Spring Park 2450 Island Drive Rescue EMS Transported 22 233 5/12/2022 Spring Park 2450 Island Drive,#301 Rescue EMS Assisted 10 243 5/20/2022 Spring Park 4100 Spring Street Rescue EMS Transported 15 249 5/22/2022 Spring Park 2400 Interlachen Road Rescue EMS No Transport 15 250 5/23/2022 Spring Park 2400 Interlachen Road Rescue EMS No Transport 13 256 5/26/2022 Spring Park 4626 West Arm Road Rescue EMS Transported 9 257 5/26/2022 Spring Park 4400 West Arm Road Rescue EMS Transported 13 260 5/29/2022 Spring Park 4658 Shoreline Drive Rescue EMS Unknown Transport 12 261 5/29/2022 Spring Park 4501 Shoreline Drive Rescue EMS Unknown Transport 12 266 5/30/2022 Spring Park 4601 Shoreline Drive,#104 Rescue EMS No Transport 15 267 5/31/2022 Spring Park 3888 Park Lane Rescue EMS Transported 19 268 5/31/2022 Spring Park 4601 Shoreline Drive, #104 Rescue EMS No Transport 13 Total Rescue Calls 151 Total Rescue Hours 216 Total Duty Officer Calls 01 Total Duty Officer Hours 0 TOTAL FIRE, RESCUE& DUTY OFFICER CALLS 15 TOTAL FIRE, RESCUE&DUTY OFFICER HOURS 216 Mound Fire Department City of Spring Park January though May, 2022 Fire Alarm / False Alarm Report Fire Date Address Alarm Type Activity or Action Taken False Pre- No Fire Smoke CO Alarm ventable 16 1/11/2022 4144 Shoreline Blvd x Investigated,nothing found Y Y 17 1/12/2022 4144 Shoreline Blvd x Investigated,nothing found Y Y 18 1/12/2022 4501 Shoreline Drive x Overheated Elevator Pump N N 24 1/17/2022 4501 Shoreline Drive x Caused by Helium Balloon/Cancelled by OPD N Y 47 1/27/2022 2400 Interlachen Road x Investigated-No issues found Y Y 98 2/23/2022 4201 Sunset Drive x Investigated-Not ing Found Y Y 116 3/4/2022 4201 Sunset Drive x Pump running in garage level Y Y 117 3/4/2022 4100 Spring Street x Dry system riser leaking N N 160 4/4/2022 2470 Island or x Investigated,possible burnt food N Y 196 4/27/2022 4527 Shoreline Drive x Cancelled enroute by PD Y Y 2022 YTD TOTALS FIRE ALARM 9 False Alarmsi 8 SMOKE DETECTORI 1 1 1 Legitimate Alarmsj 4 CO DETECTOR 0 1 Preventable 8 TOTAL-ALL ALARMS 10 J:tadmin\REPORTS-Fire Incident&Performance12022 Performance Reportst2022 Fire Alarm-False Alarm Reports by City SPRING PARK On Lake 9linnetonka To: City Council From:Jim Brimeyer, Interim Administrator Subject: Council Meeting of June 21, 2022 6.a.1 Administrator Report The first item approves payment to the Hennepin County Rail Authority for temporary and permanent easements The second item includes a coaching agreement with the city to provide a six month coaching program for the Administrator In addition, the Interim Administrator will be available to the council, the Administrator and staff (full time and contract). This availability can be onsite or offsite at the offsite rate of$40.00/ hour. City of Spring Park 4349 Warren Avenue, Spring Park, MN 55384 Phone: (952) 471-9051 / Fax: (952) 471-9160 / Web: www.ci.spring-park.mn.us Jamie Hoffman From: Joshua Brown <jbrown@sambatek.com> Sent: Thursday,June 9, 2022 3:41 PM To: Jim Brimeyer Cc: Michael Nielson Subject: W Arm Road HCRRA Easement Jim, Left you a voicemail but wanted to follow up with an email. In order to move the HCRRA easement forward the City Council will need to take action to approve the cost of the easements. Hennepin county would like a copy of the draft Council action request regarding the purchase of the easements. Would you be able to provide that and put it on the agenda for the next council meeting? Below is the cost information to include as well. Temporary Easement Charge • 2,399 sq.ft. x$10.66 per sq.ft. x 9%= $2,301.60 per year(prorated for the term of the temporary easement) Permanent Easement Charge • 3,953 sq. ft. x$10.66 per sq. ft. = $42,138.98 The $10.66 per sq. ft. charge was based on the average land (only)value of similar non-lakeshore parcels. Let me know if you have any questions. Joshua Brown Project Manager Direct 763.784.6973 Email jbrown@sambatek.com ' Sambatek Engineering I Surveying I Planning I Environmental Trusted advisors since 1966. TPBPLS FIRM#10194760 ®E© 1 Watch our video and see why we're unique! CONFIDENTIALITY NOTICE: This e-mail and the documents accompanying this e-mail contain confidential information. The information is solely for the use of the intended recipient(s) named above. If you are not the intended recipient,please notify us immediately by phone and delete it from your system. 1 Permit No. 18-22 File No. 73-37428 PERMIT FOR TEMPORARY RIGHT OF ENTRY Permittee: City of Spring Park, a political subdivision of the State of Minnesota Address: 4349 Warren Avenue, Spring Park, Minnesota 55384 Commencement Date: Upon commencement Termination Date: July 30, 2022 The Hennepin County Regional Railroad Authority ("HCRRA") grants to Permittee, in accordance with the terms of this Permit the temporary right to enter upon and to cross over that part of HCRRA's property located in the vicinity of HCRRA's Dakota Rail corridor ("Corridor"), described as follows: That part of the Hennepin County Regional Railroad Authority (HCRRA) Dakota Rail corridor right-of-way, as depicted on HCRRA Property Map No. 49 (R T Doc No. 4899788, C.R. Doc. No. 9712448), located east of the Seton Channel in the City of Spring Park, Minnesota, and as shown in hatch and crosshatch marks on Exhibit A ("Property"), for the purposes of: Temporary access for the reconstruction of West Arm Road (Permitted Work"). Exhibit A is attached and incorporated by reference in this Permit. The cost of this Permit shall be $1.00. GENERAL REQUIREMENTS 1. No entry shall be made onto the Property until HCRRA has approved this Permit, filled in the commencement date and termination date of this Permit (see above) and issued the Permit to Permittee. 2. Permittee shall at all times protect the Property and access to and ingress from it, and protect those who may enter the Property with proper signs, barricades and other protection or appropriate safety mechanisms. 3. Permittee understands that HCRRA owns the Corridor of which the Permitted Property is a part, and that HCRRA acquired this right-of-way for light rail transit and other permitted transportation uses. HCRRA has granted to Three Rivers Park 1 District permission to use a portion of the right-of-way for trail purposes subject to HCRRA's future use of the property. Permittee shall obtain prior approval from Three Rivers Park District for use of its trail for any purpose, including, the movement of equipment and delivery of materials such as dirt, compost, or wood chips by contacting Scott Schmidt, Regional Trails Maintenance Supervisor, 763- 694-2051, or other designated contact. 4. Permittee acknowledges that underground fiber optic communication cables, in addition to other underground and aboveground utilities, may have been installed on the Property. Permittee shall at its expense properly locate and protect all such utilities while conducting any activity on the Property that might harm them. 5. All activities conducted on the Property shall be performed in a workman like manner. Permittee shall abide by all local, state or federal ordinances or regulations related to its use of this Permit. 6. Permittee shall not make any changes in its use of the Property without written permission of HCRRA. 7. Except as provided for in plans submitted to and authorized by HCRRA, Permittee shall avoid damaging existing trees and shall replace any trees existing on the Property that are damaged by Permittee at HCRRA's discretion with trees of similar size and type at Permittee's expense. Permittee shall properly sod and/or seed any areas disturbed by Permittee if required by HCRRA. Due to the late nature of this work, the Permittee may need to come back next spring to address restoration issues. 8. HCRRA retains the right to revise, relocate or close any entrance or terminate this Permit at its discretion upon ten (10) days' notice. 9. Permittee must protect all existing utilities, waterways and drainage. 10. Burning or disking operations and/or the use of chemicals to control or kill trees, brush and other vegetation is prohibited without prior approval from HCRRA. 11. Permittee shall ensure proper compaction around the replaced pipe and fill section. Permittee shall match the adjacent grades. Permittee shall correct at its expense any failures due to settlement, erosion, lack of vegetation growth, rutting, or other problems related to its use of this Permit and shall restore all disturbed areas to original or better condition, including the fence and vehicle barrier onsite. 12. Permittee shall remove from Corridor and properly dispose of any contaminated material excavated during Permitted Work. 2 13. At its expense, Permittee shall maintain the Property in good repair, including but not limited to, trash removal and weed control, and shall use reasonable precaution to prevent waste, damage, or injury. 14. Permittee shall comply with all reasonable rules adopted by HCRRA for the safety, care, and cleanliness of the Property and shall not create any nuisance on the Property. 15. Permittee accepts the Property subject to any want or failure at any time of HCRRA's title to the Property or any part thereof and assumes any damages sustained by Permittee for want or failure of HCRRA's title to the Property. Permittee also accepts the Property subject to the rights of any party, including HCRRA, in and to any existing roadways and easements. Further, Permittee accepts the Property subject to all uses by HCRRA and all future uses by third parties permitted by HCRRA that are not incompatible with Permittee's permitted use. 16. Permittee accepts the Property subject to the rights of any person, firm or corporation, including HCRRA, in and to any existing telephone, telegraph, and/or other wires, poles, underground cables or utilities, and facilities of any kind whatsoever, whether or not of record, and shall not disturb the same. 17. Permittee accepts the Property in an "AS IS" condition with no express or implied representations or warranties by HCRRA as to the physical condition or fitness for suitability for any particular purpose. 18. Permittee shall not create or permit any condition of the Property that could present a threat to human health or to the environment. Permittee shall bear the expense of all practices or work, preventative, investigative or remedial, which may be required because of any conditions of the Property introduced by Permittee, its agents, employees, invitees, subpermittees or permittees during Permittee's period of use, including conditions introduced that affect other lands. Permittee expressly agrees that the obligations it hereby assumes shall survive cancellation of this Permit. Permittee agrees that statutory limitation periods on actions to enforce those obligations shall not be deemed to commence until HCRRA discovers any such health or environmental impairment and has a plan for development of the Corridor to its highest and best use. Permittee hereby knowingly and voluntarily waives the benefits of any shorter limitation period. 19. Permittee shall defend, indemnify and hold harmless HCRRA, its Commissioners, officials, officers, agents, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from an act or omission of Permittee or Permittee's Secondaries or from any failure by them to comply with the provisions of this Permit and arising from exercise of the rights granted by this Permit including, but not limited to, those resulting from the presence of any hazardous waste, 3 pollutant, contaminant, petroleum-related material or other regulated substance on the Property regardless of whether or not the same was present on the Property before or after the commencement of this Permit. Permittee's Secondaries shall mean its contractors, subcontractors, officers, agents, employees, customers, volunteers, invitees, subpermittees, permittees, lessees or other occupiers of the Permitted Facility under its supervision or control. Permittee expressly agrees that the obligations it hereby assumes shall survive cancellation and termination of this Permit. HCRRA shall not be liable to Permittee or those claiming by, through, or under Permittee for any injury, death or property damage occurring in, on or about the Property based upon the construction, operation, maintenance, relocation or modification of the Permitted Facility, nor for loss or damage sustained by Permittee or others in, about or adjacent to the Property by reason of the present or future condition of repair of the Permitted Facility, or for loss or damage arising from the acts or omissions of Permittee's Secondaries. 20. In order to protect itself, as well as HCRRA under the indemnification provisions contained in this agreement, Permittee and Permittee's contractors, subcontractors or agents shall purchase and maintain in force at all times during the term of this Permit the following minimum insurance coverages applicable to the Property, the Permitted Facility, affiliated activities, and/or this Permit or other insurance acceptable to HCRRA: Limits 1. Commercial General Liability with the following coverages and limits. General Aggregate $2,000,000 Products-Completed Operations Aggregate 2,000,000 Personal and Advertising Injury 1,500,000 Each Occurrence - Combined Bodily Injury and Property Damage $1,500,000 2. Automobile Liability - Combined $2,000,000 single limit each occurrence coverage for bodily injury and property damage covering owned, non-owned, and hired automobiles. 3. Workers' Compensation and Employer's Liability: a. Workers Compensation Statutory If the contractor is based outside of the state of Minnesota, coverage must apply to Minnesota laws. b. Employer's Liability. Bodily injury by: Accident - Each Accident $500,000 Disease - Policy Limit 500,000 Disease - Each Employee 500,000 4 An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of Permittee to determine the need for and to procure additional coverage which may be needed in connection with the Permitted Facility. All insurance policies shall be open to inspection by HCRRA. Permittee shall submit copies of all required policies to HCRRA upon request. 21. This Permit shall not be valid until Permittee has obtained the required insurance and filed an acceptable certificate of insurance with HCRRA. The certificate shall name Hennepin County Regional Railroad Authority, as certificate holder and as an additional insured with respect to operations covered under the Permit for all liability coverages except Workers' Compensation and Employer's Liability. 22. All notices required or permitted pursuant to this Permit shall be directed to the following individuals and shall be either hand-delivered or mailed to the following addresses: To Permittee: City of Spring Park 4349 Warren Avenue Spring Park, MN 55384 To HCRRA: Hennepin County Regional Railroad Authority 701 Fourth Avenue South, Suite 700 Minneapolis, MN 55415-1843 23. The terms of this Permit are not intended to create rights in third party beneficiaries. 24. The language of this Permit shall prevail in the event there is a conflict between it and any depiction or any other representation contained in any attached Exhibit. This portion of page intentionally left blank. 5 (I, We), the undersigned, herewith accept the terms and conditions of the regulations as laid down by HCRRA and agree to fully comply therewith to the satisfaction of the HCRRA. *HCRRA: By: Deputy Executive Director Date: Recommended for Approval: By: Title: Assistant Director, Transportation Project Delivery Department Date: **PERMITTEE: City of Spring Park By Title: t,,tC-1 Date: t 1 -1 *In accordance with 06-HCRRA-23 the Director of Housing, Community Works and Transit is authorized on behalf of the Authority to approve, execute and terminate permits for temporary access to Authority property. **Permittee shall submit applicable documentation (articles, bylaws, resolutions, or ordinances) that confirm the signatory's delegation of authority. This documentation shall be submitted at the time Permittee returns the signed Permit to the Authority. Documentation is not required for a sole proprietorship. 6 EXHIBIT A I I I I I I I I I I I I I I I II I I I I I I I I I I I II I I I I I I I I I I III I I I I I I I II I I NW CORNER, I I I I I HCRRA PROPERTY I , EX/S77NG RIGHT OF WAY EASEMENT r" MAP NO. 49 I I s� PER DOC. N0. 6IJ54IJ I I I I I I ' (POC) � I I I I POB. LINE �B' ' ��'� Ire - N LINE, HCRRA PROPERTY MAP NO. 49 I I — 866.29 S5T47S2 E? - - -� - WEST ARM ROAD - m w S82 40'17'E, — 40.68 . . -N W� v 11g80 . .' ,� , N60 34 57'E = �,N N^;'" 584 38 28 E r " v� N04 20 20"E • • ..... 15.04 �� 0.b �^ ` LINE 'B' b WN Wio �u�nh �b =�uv� i10.53 Z w' .� .�..i. •• •�;�wig. �j � •••� � �� •4• �♦ •i h� �ry �^ LO� c � � � ef. � V N h O :V ��•■ • � .� DENOTES TEMPORARY CONSTRUCTION EASEMENT E DENOTES RIGHT OF WAY EASEMENT I o NORTH gp SCALE IN FEET CITY OF SPRING PARK Designed: Exhibit Number sa m baes Appro tk WEST ARM ROAD WEST DL pproved:»H www.sambatek.com SPRING PARK, MINNESOTA Initial Issue:os/o4/2022 TEMPORARY CONSTRUCTION EASEMENT EXHIBIT Rev.: Engineering I Surveying I Planning I Environmental Date: Project No. 22635 City of Spring Park 06/21/2022 Staff Payroll Checks#32854-32881 and EFT Payments Check# Employee/Council Name Check Amount Check Date 5909 Hoffman,Jamie K.. $2,268.86, 6/15/2022 5910 Mong,Patria $3,044.90 6/15/2022 Sub Total $5,313.76 Chase,Mark Hoffman,Jeff Horton,Pam Hughes,Gary Jerry Sub Total $0.00 Electronic Misc.Disbursements EFT#30838 PERA Employer Payroll Payment for 06/15/2022 $1,041.75 6/17/2022 EFT#30839 FICA Employee/Employer Payroll Withholding Taxes for 06/15/2022 $1,827.71 6/17/2022 EFT#30840 May 22'Wells Faro Monthly Bank Charge $176.35 6/13/2022 EFT#30841 June 22'PSN monthly fee for(Payment Services Network $140.45 6/3/2022 EFT#30842 May 22'Sales&Use Taxes collected- 1st Qtr.Bus.Utility Payments $597.00 6/17/2022 Sub Total $3,783.26 Claims: Ck#32854-32881 $72,645.79 06/08/2022- 06/13/2022 TOTALS $81,742.81 CITY OF SPRING PARK 06/14/22 3:25 PM Page 1 *Check Summary Register© Batch: 061322PAY,060722HEDBERG,20220608UTBReimStrum,20220608UTBReimDon,20220608UTBReimW id Name Check Date Check Amt 10100 Wells Fargo Bank NA 32854 HEDBERG AGGREGATES, INC. 6/8/2022 $240.00 Profiling down boulders flat,drilling 1/4"holes 32855 DONLY,CHARLES&CARYN 6/8/2022 $116.08 000000341203 32856 STRUMSTAD,TONY&KATHY 6/8/2022 $82.54 000000342403 32857 WIDMER, JOANNA 6/8/2022 $35.11 000003788200 32858 ABDO EICK&MEYERS, LLP 6/13/2022 $6,231.85 Accounting/CPA Services for 2021 Audit Prepa 32859 JAMES L. BRIMEYER 6/13/2022 $3,600.00 Interim City Administrator 05/16/22-05/27/22 32860 CENTERPOINT ENERGY 6/13/2022 $490.34 Gas Usage for Lift#1-6-04/20/22-05/18/22 32861 CITY VIEW PLMBG&HEATING,IN 6/13/2022 $299.00 Annual test of back flow preventer in WTP on 0 32862 DENCO SERVICES HEATING&C 6/13/2022 $185.00 Repaired AC unit at City Hall on 05/18/22 32863 FIVE TECHNOLOGY, INC. 6/13/2022 $280.00 May 22'Monthly IT Managed Utility Service 32864 GOOD TO BE HOME CLEANING 6/13/2022 $250.00 May 22'City Hall Cleaning Services 32865 GREGORY E.KELLER, P.A. 6/13/2022 $1,000.00 June 22'Prosecution Services 32866 KLEIN UNDERGROUND, LLC 6/13/2022 $17,471.75 Asphalt on Sunset for watermain break 32867 LOFFLER COMPANIES, INC. 6/13/2022 $151.41 Copier Usage Agreement 04/22/22-05/21/22 32868 MEDIACOM,LLC 6/13/2022 $355.90 Internet Services for 06/11/22-07/10/22 32869 MN DEPT OF HEALTH 6/13/2022 $899.00 2nd Qtr.22'Community Water Supply Service 32870 MNSPECT,LLC 6/13/2022 $1,792.22 May 22'Plan Check Fees 32871 NAVARRE TRUE VALUE HARDW 6/13/2022 $9.49 Purchase for City Hall Plunger on 05/10/22 32872 NORLINGS LAKE MTKA LANDSC 6/13/2022 $10,657.15 City of Spring Park Mowing April-July 2022 Jo 32873 PITNEY BOWES GLOBAL FIN.SE 6/13/2022 $168.90 Leasing Charges for 03/30/22-06/29/22 32874 REPUBLIC SERVICES, INC 6/13/2022 $1,494.60 May 22'Residential Recycling Services-05/01/ 32875 SAMBATEK, INC. 6/13/2022 $11,275.69 Engi. Fees-West Arm Road Pavement Project 32876 UNICLEAN CLEANROOM SERVIC 6/13/2022 $264.66 May 22'Cleaning Services for Rugs 32877 VALLEY-RICH CO INC 6/13/2022 $6,578.05 Watermain Break Repair&Restoration Service 32878 VELOCITY TELEPHONE 6/13/2022 $283.49 June 22'Phone&Long Distance Service 06/21 32879 WATER CONSERVATION SERVI 6/13/2022 $361.49 Leak Locate Services on 05/10/22 at 3840 Sun 32880 WIDMER CONSTRUCTION, LLC 6/13/2022 $3,592.50 Repair of watermain break on 04/29/22 at Suns 32881 XCEL ENERGY 6/13/2022 $4,479.57 Electric Usage for Unit X-Mas Lights 04/26/22-0 Total Checks $72,645.79 CITY OF SPRING PARK 06/14/22 3:26 PM Page 1 *Check Detail Register© Batch: 061322PAY,060722HEDBERG,20220608UTB Reim Strum,20220608UTBReimDon,20220608UTBReimW id Check# Check Date Vendor Name Amount Invoice Comment 10100 Wells Fargo Bank NA 32854 06/08/22 HEDBERG AGGREGATES,INC. E 101-41940-432 Landscaping/Gardens/Mai $240.00 1149669 Profiling down boulders flat,drilling 114"holes and adhering plates to boulders Total $240.00 32855 06/08/22 DONLY,CHARLES&CARYN R 601-37100 Water Sales $116.08 Utility Refund to Charles Donly-Final Bill Total $116.08 32856 06/08/22 STRUMSTAD,TONY&KATHY R 601-37100 Water Sales $82.54 Utility Refund to Tony Strumstad-Final Bill Total $82.54 32857 06/08/22 WIDMER,JOANNA R 601-37100 Water Sales $35.11 Utility Refunds to Joanna Widmer-Final Bill Total $35.11 32858 06/13/22 ABDO EICK&MEYERS,LLP E 101-41500-302 Accounting Services $2,077.28 47752 Accounting/CPA Services for 2021 Audit Preparation and Year-End Accounting thru 5/31/22 E 601-49400-302 Accounting Services $2,077.29 47752 Accounting/CPA Services for 2021 Audit Preparation and Year-End Accounting thru 5/31/22 E 602-49450-302 Accounting Services $2,077.28 47752 Accounting/CPA Services for 2021 Audit Preparation and Year-End Accounting thru 5/31/22 Total $6,231.85 32859 06/13/22 JAMES L.BRIMEYER E 101-41500-101 Administrator $1,200.00 052722 Interim City Administrator 05/16/22-05/27/22 E 601-49400-101 Administrator $1,200.00 052722 Interim City Administrator 05/16/22-05/27/22 E 602-49450-101 Administrator $1,200.00 052722 Interim City Administrator 05/16/22-05/27/22 Total $3,600.00 32860 06/13/22 CENTERPOINT ENERGY E 602-49450-381 Utilities/Electric/Gas $94.13 061322A Gas Usage for Lift#1-6-04/20/22-05/18/22 E 101-41900-381 Utilities/Electric/Gas $125.71 061322E Gas Usage for City Hall-04/20/22-05/18/22 E 601-49400-381 Utilities/Electric/Gas $270.50 061322C Gas Usage for WTP-04/20/22-05/18/22 Total $490.34 32861 06/13/22 CITY VIEW PLMBG&HEATING,INC. E 601-49400-400 Repairs/Maint General $299.00 122277153 Annual test of back flow preventer in WTP on 04/20/22 Total $299.00 32862 06/13/22 DENCO SERVICES HEATING&COOLING E 101-41900-401 Repairs/Maint Buildings $185.00 051822 Repaired AC unit at City Hall on 05/18/22 Total $185.00 32863 06/13/22 FIVE TECHNOLOGY,INC. E 101-41500-330 IT Technology Support $93.34 10622-14 May 22'Monthly IT Managed Utility Service E 601-49400-330 IT Technology Support $93.33 10622-14 May 22'Monthly IT Managed Utility Service E 602-49450-330 IT Technology Support $93.33 10622-14 May 22'Monthly IT Managed Utility Service CITY OF SPRING PARK 06/14/22 3:26 PM Page 2 *Check Detail Register© Batch:061322PAY,060722HEDBERG,20220608UTBReimStrum,20220608UTBReimDon,20220608UTBReimW id Check# Check Date Vendor Name Amount Invoice Comment Total $280.00 32864 06/13/22 GOOD TO BE HOME CLEANING SERVI E 101-41900-310 Contracted Services $250.00 1133 May 22'City Hall Cleaning Services Total $250.00 32865 06/13/22 GREGORY E.KELLER,P.A. E 101-42000-304 Legal Fees $1,000.00 88-1048 June 22'Prosecution Services Total $1,000.00 32866 06/13/22 KLEIN UNDERGROUND,LLC E 101-43100-402 Repairs/Maint Streets/Str $17,471.75 54457 Asphalt on Sunset for watermain break Total $17,471.75 32867 06/13/22 LOFFLER COMPANIES, INC. E 101-41500-413 Office Equipment/Rental $50.47 4039699 Copier Usage Agreement 04/22/22-05/21/22 E 601-49400-413 Office Equipment/Rental $50.47 4039699 Copier Usage Agreement 04/22/22-05/21/22 E 602-49450-413 Office Equipment/Rental $50.47 4039699 Copier Usage Agreement 04/22/22-05/21/22 Total $151.41 32868 06/13/22 MEDIACOM,LLC E 101-42000-324 Internet Service $118.63 060122 Internet Services for 06/11/22-07/10/22 E 601-49400-324 Internet Service $118.64 060122 Internet Services for 06/11/22-07/10/22 E 602-49450-324 Internet Service $118.63 060122 Internet Services for 06/11/22-07/10/22 Total $355.90 32869 06/13/22 MN DEPT OF HEALTH E 601-49400-306 Testing Fees $899.00 061322 2nd Qtr.22'Community Water Supply Service Connection Fee(04/01/22-06/30/22) Total $899.00 32870 06/13/22 MNSPECT,LLC E 101-42400-305 Plan Check Fees $319.95 8996A May 22'Plan Check Fees E 101-42400-310 Contracted Services $1,472.27 8996B May 22'Residential&Commercial Inspections/Permit Fees/General Fees/Staff Meeting Total $1,792.22 32871 06/13/22 NAVARRE TRUE VALUE HARDWARE E 101-41900-215 Shop Supplies $9.49 336776 Purchase for City Hall Plunger on 05/10/22 Total $9.49 32872 06/13/22 NORLINGS LAKE MTKA LANDSCAPE E 101-41900-106 Mowing Contract $6,025.50 40244 City of Spring Park Mowing April-July 2022 Job#M220 E 1 01-41 940-432 Landscaping/Gardens/Mai $4,631.65 40247 April 22'Landscapre Services and bollard removal Job#M173 Total $10,657.15 32873 06/13/22 PITNEY BOWES GLOBAL FIN.SER. LLC E 101-41500-413 Office Equipment/Rental $56.30 3105510138 Leasing Charges for 03/30/22-06/29/22 E 601-49400-413 Office Equipment/Rental $56.30 3105510138 Leasing Charges for 03/30/22-06/29/22 E 602-49450-413 Office Equipment/Rental $56.30 3105510138 Leasing Charges for 03/30/22-06/29/22 CITY OF SPRING PARK 06/14/22 3:26 PM Page 3 *Check Detail Register© Batch:061322PAY,060722HEDBERG,20220608UTBReimStrum,20220608UTBReimDon,20220608UTBReimW id Check# Check Date Vendor Name Amount Invoice Comment Total $168.90 32874 06/13/22 REPUBLIC SERVICES,INC E 101-42900-310 Contracted Services $1,494.60 0894-005732 May 22'Residential Recycling Services- 05/01/22-05/31/22 Total $1,494.60 32875 06/13/22 SAMBATEK, INC. E 201-43100-529 Black Lake Rd Feasibility $4,923.55 21966 Engi.Fees- Black Lake Road- Roadway Design/Survey/Addi.Services/Reimb.Exp.(33.75 hrs)04/17/22-05/14/22 E 201-43100-528 Road Pavement Project 2 $5,072.00 21968 Engi. Fees-West Arm Road Pavement Project- Construction Services(36.5 hrs)04/17/22- 05/14/22 E 101-41910-303 Engineering Fees $1,280.14 21985 Engi.Fees-General Services/Meetings(8 hrs) 04/17/22-05/14/22 Total $11,275.69 32876 06/13/22 UNICLEAN CLEANROOM SERVICES E 101-41500-310 Contracted Services $132.33 196086 May 22'Cleaning Services for Rugs E 101-41500-310 Contracted Services $132.33 196086A May 22'Cleaning Services for Rugs Total $264.66 32877 06/13/22 VALLEY-RICH CO INC E 601-49400-411 Repairs/Breaks $6,578.05 30790 Watermain Break Repair&Restoration Services at 3860 Sunset Dr on 04/26/22-04/27/22 Total $6,578.05 32878 06/13/22 VELOCITY TELEPHONE E 101-41500-321 Telephone and Mtce Agre $94.50 13826400-n June 22'Phone&Long Distance Service 06/21/22- 07/21/22 E 601-49400-321 Telephone and Mtce Agre $94.50 13826400-n June 22'Phone&Long Distance Service 06/21/22- 07/21/22 E 602-49450-321 Telephone and Mtce Agre $94.49 13826400-n June 22'Phone&Long Distance Service 06/21/22- 07/21/22 Total $283.49 32879 06/13/22 WATER CONSERVATION SERVICE,INC E 601-49400-411 Repairs/Breaks $361.49 12346 Leak Locate Services on 05/10/22 at 3840 Sunset Dr Total $361.49 32880 06/13/22 WIDMER CONSTRUCTION,LLC E 601-49400-411 Repairs/Breaks $3,592.50 5076 Repair of watermain break on 04/29/22 at Sunset Blvd Total $3,592.50 32881 06/13/22 XCEL ENERGY E 201-43100-501 West Arm West Feasibility $0.01 061322 Advance payment for West Arm Rd-Remainder of first half payment Account#51-0013991771-7 E 101-43100-381 Utilities/Electric/Gas $14.62 0969057864 Electric Usage for Unit X-Mas Lights 04/26/22- 05/25/22 E 101-43100-381 Utilities/Electric/Gas $76.00 0969140321 Electric Usage for Traffic Signal at 4468 Shoreline Drive-04/26/22-05/25/22 CITY OF SPRING PARK 06/14/22 3:26 PM Page 4 *Check Detail Register© Batch:061322PAY,060722HEDBERG,20220608UTBReimStrum,20220608UTBReimDon,20220608UTBReimW id Check# Check Date Vendor Name Amount Invoice Comment E 101-43100-381 Utilities/Electric/Gas $41.63 0970531215 Electric Usage for West Street Lights 04/26/22- 05/25/22 E 602-49450-381 Utilities/Electric/Gas $25.44 0970531642 Electric Usage Lift#4 04/26/22-05/25/22 E 602-49450-381 Utilities/Electric/Gas $67.41 0970531704 Electric Usage Lift#5 04/26/22-05/25/22 E 101-43100-381 Utilities/Electric/Gas $284.88 0970531796 Electric Usage for City Hall 04/26/22-05/25/22 E 1 01-4 31 00-381 Utilities/Electric/Gas $94.96 0970532364 Electric Usage for Signal&East Street Lights- 04/26/22-05/25/22 E 1 01-4 31 00-381 Utilities/Electric/Gas $56.70 0970532534 Electric Usage for Traffic Signal at 4300 Shoreline Drive 04/26/22-05/25/22 E 601-49400-381 Utilities/Electric/Gas $2,217.24 0970533041 Electric Usage for WTP 04/26/22-05/25/22 E 602-49450-381 Utilities/Electric/Gas $484.35 0970533279 Electric Usage Lift#6 04/25/22-05/24/22 E 602-49450-381 Utilities/Electric/Gas $178.27 0970533717 Electric Usage Lift#2 04/25/22-05/24/22 E 602-49450-381 Utilities/Electric/Gas $87.97 0970533966 Electric Usage Lift#1 -04/25/22-05/24/22 E 101-43100-381 Utilities/Electric/Gas $165.11 0970534433 Electric Usage for Central& North Street Lights- 04/26/22-05/25/22 E 602-49450-381 Utilities/Electric/Gas $85.13 0970535844 Electric Usage for Lift#3 04/26/22-05/25/22 E 101-43100-381 Utilities/Electric/Gas $599.85 970532351 Electric Usage for Co-Owned Street Lights 04/26/22-05/24/22 Total $4,479.57 10100 Wells Fargo Bank NA $72,645.79 Fund Summary 10100 Wells Fargo Bank NA 101 GENERAL FUND $39,794.99 201 PUBLIC IMPROV REVOLVING FUND $9,995.56 601 WATER FUND $18,142.04 602 SEWER FUND $4,713.20 $72,645.79