INFORMATION #2 01-06-1997-:ty of
INFORMATION
iver
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor & City Council
Sandra Thackeray, City Clerk
December 19, 1996
E-mail from David Wahlroos
RE: 169 Lights and Traffic
The attached letter regarding Highway 169 lights and traffic was submitted
through E-mail by Mr. David Wahlroos. I have informed Mr. Wahlroos that I
have forwarded his letter to you for your review.
C:
Pat Klaers, City Administrator
Terry Maurer, City Engineer
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
mailbox:lC%TCINetscapel...OO1.jbcnet, com&number=6 mailbox:lC%7CINetscapelMAILIINBOX?i...AAA12880@D10001.jbcnetcom&number=6
Subject: 169 Lights and traffic...
Date: Wed, 18 Dec 1996 13:46:33 -0600
From: "David Wahlroos" <elk-river-consult~worldnet. att. net>
To: <city-er@ci.elk-river.rnn.us>
CC: <david.wahlroos~jbcollins. com>
I've been reading the articles in the local paper about the accidents and
related concern about the 169 Light timings and possible need for overpass
walkways. I have a couple of comments to add to the current discussion.
1-I've noticed that pedestrians(ie:teenage pedestrians) do not always
bother even using the crosswalks. The police department should not only be
concentrating on people running red lights but also ticketing these people
for improper crossing. They are only asking to get hit(not that anyone
deserves it) if they are wearing dark clothes and attempting to beat
traffic across the highway at night in an area not lighted for pedestrian
traffic. If these kids are not bothering to use the safety precautions
available, what makes anyone think that they will use a walkway. Not to
mention that we're just asking for the types of problems some other areas
have had with objects being thrown down at unsuspecting vehicles. I'm not
totally opposed to a walkway, just feel that the current setup needs to be
utilized properly.
2-Length of Yellow lights.
Though allowing for a longer yellow will help legitimate drivers stop by
the time the light is red, the people who are going to run a yellow(largely
semi drivers in a hurry or tired from driving) will still run the lights.
I think if there was a delay between the N-S turning red and the E--W
turning green this would give the people getting the green light time to
see if the traffic is stopped, and allow those who are illegally speeding
up to make it through on yellow to do so before the other traffic is
moving.
Thanks for your time in reading this.
David Wahlroos
Elk River, MN
1 of 1 12/18/96 15:31:14
AMATEUR SOFTBALL ASSOCIATION · USA SOFTBALL
MINNESOTA SPORTS FEDERATION
592 Dodge Avenue · Elk River, Minnesota 55330-2886
(612) 241-1789 · Fax (612) 241-1736
December 10, 1996
Mr. Pat Klaers
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Dear Pat:
Enclosed is an "executed" copy of the letter of intent.
Please convey our gratitude to the Mayor and Council for their professional handling of this project. We
appreciate the flexibility shown and courtesies extending.
As we move into the fundraiser we look forward to continued contact with you and your staff in an effort
to keep you advised of the progress. At this time we do not intend to initiate the fundraiser until
February 1 and do not anticipate much progress the first three months other than putting together a case
statement and the collateral materials-so in other words there may not be much to report the first three
~ ~ths other than how much money we're expending!
As we v. mentioned on several occasions the securement of a pull tab location will enhance the comfort
level relative to finances. In this regard we'd appreciate any notification of new liquor license applicants
suitable for pull tabs or any sites that may be looking to change.
Happy Holidays to you and all city staff.
Sincerely,
Executive Director
Barb Northway
Director
Al Mundt
Marketing Director
Enclosure
ASA · USA SOFTBALL
The Minnesota Sports Federation serves as the local association of the Amateur Softball Association. The ASA is recognized by the
United States Olympic Committee as the National Governing Body For Softball.
November 18 , 1996
Honorable Mayor Henry A. Duitsman
and City Council for the
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Re~
"Letter of Intent" for
Minnesota Sports Federation Project
~TRODUCTION
The Minnesota Sports Federation and the City of Elk River do hereby express their intent to mutually
explore the feasibility of proceeding with the development of a 59,500 square foot recreational facility.
This letter represents the proposed terms and conditions to mutually proceed with the investigation and
negotiation phase of project development and financing.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, HOWEVER, THIS LETTER DOES NOT
REPRESENT A BINDING COMMIT/V[ENT, BY EITHER PARTY, TO PROCEED WITH THE
DEVELOPIvlENT, FINANCING, OR OPERATION OF THE PROJECT.
PROJECT DESCRIPTION
The proposed development project consists of approximately a 59,500 square foot indoor sports
recreational facility to be operated by the Minnesota Sports Federation. The facility is proposed to be
constructed on a minimum 6-acre site (final acreage to be mutually determined after review and approval
of the site plan) located at the water tower site, south of Highway 10 and bordered by Hudson Street to
the west.
The facility will be a multi-use indoor sports facility designed for volleyball, basketball, touch football,
indoor soccer, and wrestling. The facility will contain offices, locker rooms, food service, meeting rooms,
and will be the official home of the Minnesota Amateur Sports Hall of Fame.
The Minnesota Sports Federation will utilize the facility for conducting clinics, recreational league
activities and tournaments. In addition, the City and Minnesota Sports Federation will work together to
develop local programming and preferential fees to benefit area residents.
Honorable Mayor Henry A. Duitsman
City Council for the City of Elk River
November 18,1996
Page 2
It is proposed that the facility will be designed by Minnesota Sports Federation with review and approval
by City representatives. The facility will be constructed and financed by the City, if the City deems the
project to be financially feasible, and Minnesota Sports Federation will execute a lease/purchase agreement
to fully amortize the City financing.
MINNESOTA SPORTS FEDERATION REPRESENTATIONS:
Minnesota Sports Federation represents its interest in the project and intends to proceed as follows:
Minnesota Sports Federation is a private, non-profit 501(c)3 organization with over 200,000
members and participants in its programs.
Minnesota Sports Federation intends that the proposed project will serve as its operational
headquarters and primary indoor sports facility.
Minnesota Sports Federation intends to locate the Minnesota Amateur Sports Hall of Fame as a
part of the project.
Minnesota Sports Federation intends to net lease the proposed facility from the City at a minimum
annual cost equal to the City's annual debt service and related project costs.
Minnesota Sports Federation intends to cooperate with the City to encourage programming to
enhance local community recreational opportunities.
Minnesota Sports Federation intends to equip the facility with equipment valued at $300,000.00.
Minnesota Sports Federation intends to be responsible for all on-going operating costs.
Minnesota Sports Federation has provided a financial pro-forma, and will work with the City to
update it as required by the City, which accurately reflects the revenues, project costs, on-going
lease and operating expenses.
Minnesota Sports Federation will not undertake any actions, change its organizational structure,
or change its operational parameters that will adversely affect the tax-exempt status of the project
bonds.
DC8500952
Honorable Mayor Henry A. Duitsman
City Council for the City of Elk River
November 18,1996
Page 3
CITY REPRESENTATIONS:
The City represents its interest in the project and intends to investigate and explore project feasibility as
follows:
Cooperation with Minnesota Sports Federation in the design, construction, and financing and
development of the proposed project.
Provision, at no charge, of a minimum 6~acre site located at water tower site for development of
the facility and potential expansion. The City and Minnesota Sports Federation will masterplan
the site and agree to the appropriate acreage (see attached site map). Minnesota Sports
Federation shall secure all zoning, subdivision, street vacation, and other necessary government
approvals.
The City recognizes the need for l~mesom Sports Federation to have access to additional softball
fields for summer tournaments. The City represents that it intends to develop four new softball
fields on a portion of property identified as the "Cass Property". In addition, the City owns 23
acres immediately to the south of the proposed fields which may be available for development
approximately 15 years from now. The City's intentions to support Minnesota Sports Federation
and their requirement for outdoor softball fields is as follows:
The City will consider providing usage of some or all of the new four fields complex or
existing Elk River softball complex on seven to nine weekends per summer (June, July,
August and September - additional to current field usage by Elk River Softball Association
of Minnesota Sports Federation tournaments) by Minnesota Sports Federation, as
necessary. Use of the softball fields shall include concession stands and gate revenue.
Usage of the softball fields shall be contingent on the evidence of the benefit to the City
of the sports tourism and corresponding economic impact generated to the community by
tournaments held by the Minnesota Sports Federation at the fields. Minnesota Sports
Federation will reimburse the City for any of its costs, such as additional maintenance,
satellites, police, etc., associated with such use of the fields.
Bo
The City will consider, at the point it no longer requires the use of the 23-acre site for
waste disposal, south of the proposed fields on the Cass Property, entering into a
preferential land lease or equivalent land sale of this property. Minnesota Sports
Federation shall be responsible for development of the site, and the site will'be a joint use
facility.
DC$ 500952
Honorable Mayor Henry A. Duitsman
City Council for the City of Elk River
November 18,1996
Page 4
The City intends to finance the facility, if determined to be financially feasible, through bonds and
lease the facility to Minnesota Sports Federation.
The City will consider sale of the facility to Minnesota Sports Federation, after debt retirement,
for the sum orS1.00, exclusive of land costs.
The City will consider providing a "right of first refusal" on the softball fields adjacent to the
Minnesota Sports Federation development site, should the City decide to relinquish its
ownership/control of this land.
MUTUAL REPRESENTATIONS:
The Mirmesota Sports Federation and City intend to mutually cooperate on the following:
o
Determination of whether the project is feasible through the generation of a reliable financial pro-
forma and exploration of financial sources.
The schedule and timing for the project.
The determination of a construction company and architect. The City and Minnesota Sports
Federation shall comply with public bidding requirements as required by state statute.
Local programming options and cost reimbursement, if appropriate.
The potential and process for future facility expansion and the development and management of
additional outdoor recreational facilities adjacent to the facility.
The specific terms, conditions, and security for a development agreement, lease/purchase
agreement, softball field usage agreement, operations plan including preferences for Elk River
citizens, and related agreements.
The City and Ivfinnesota Sports Federation agree to cooperatively support existing commitments
to the Sherbume County Fair, to provide additional parking during the annual four day county fair.
The Minnesota Sports Federation will submit license applications as required by City ordinance
to grant a 3.2 liquor license and charitable gaming for the facility. Minnesota Sports Federation
will work with the City to assure that alcoholic beverages will not be dispensed during youth
DCS 500~2
Honorable Mayor Henry A. Duitsman
City Council for the City of Elk River
November 18, 1996
Page 5
tournaments. Should Minnesota Sports Federation meet traditional guidelines for approval, the
City would expect to approve these licenses.
pRE-DEVELOPMENT COMMITMENTS:
In consideration of these representations and intentions the parties do hereby intend to proceed as follows:
To conduct a financial feasibility analysis at Minnesota Sports Federation's cost of the project to
forecast anticipated revenues and expenses and an overall financing plan, said cost not to exceed
$7,500.00 without Minnesota Sports Federation's consent. An initial determination as to
feasibility is the primary determinant as to whether to proceed with other activities. Minnesota
Sports Federation shall provide the City with reliable revenue projections prior to the City's
commitment of significant time or money in further investigation or negotiation activities.
To select a project construction company (determined by selecting the lowest responsible bidder)
and architect.
3. To initiate further design and develop detailed specifications for the facility.
4. To establish facility operational parameters.
The City and Minnesota Sports Federation anticipate that all development costs will be included
as a part of the project. In the event, however, that the project does not proceed, the parties agree
to pay costs as follows: (1) The City agrees to pay up to $3,000.00 for a preliminary financial
analysis of the project; (2) IVEnnesota Sports Federation agrees to pay for preliminary architectural
development costs for the project; and (3) ~finnesota Sports Federation and the City agree to pay
for their individual direct expenses.
Either party to this letter may terminate the activities described in this letter at any time at its sole
discretion by written notice to the other party.
The City of Elk River
/V
Cit~ Clerk
Miata Sports Fe~
DCS 500952
Sherburne County
PUBLIC HEALTH DEPT.
December 31, 1996
To: Mayors and City Councils
L ~---From: Lori Klapperich, Health Promotion Supervisor
Re: Alcohol Compliance Check Results
Last Summer you were informed that Public Health and local Law Enforcement
would be cooperating to conduct alcohol compliance checks in all Sherburne
County establishments with liquor licenses. The project took place between
December 4 and December 18 of this year. Enclosed you will find the report of
the results. I have also enclosed some ideas that city government may use to help
ensure that sales to underage youth are not taking place. If you have any
questions, concerns or comments, please call me at 241-2750 or 1~800-433-5237.
Thank you!
13880 Highway 10
Elk River, Minnesota 55330-4601
(M) 241-2750 ~1 1-800-433-5237
Alcohol Compliance Check Results
Dec. 4 - Dec. 18, 1996
Elk River, 12/4/96
Sold to Underage Youth
Refused Sale to Underaee Youth
Elk River Bowl
13161 Hgihway 10
American Legion
525 Railroad Dr.
Dick's Riverfront Bar
651 Main
Sunshine Depot
.Broadway Bar and Pizza
16754 Highway 10
Wapiti Campgrounds
18746 Troy St. NW
Pizza Hut
260 Carson Ave.
Northbound Liquor
Main Street and Hwy 169
Chin Yuen
17291 Highway 10
Super America
200 Main St.
LaRose's Pizza & Pasta
508 Freeport Ave. NW
Super America
11554 193rd Ave
Ron's Foods
321 Baldwin Ave
Holiday
13445 Business Center Drive
Eagles Club
824 Railroad Dr.
Seven out of fifteen establishments checked sold alcohol to an underage youth, for a 47% sell
rate. Beaudry Express no longer sells alcohol. Cub Food only sells non-alcoholic beer and
Pinewood and Elk River Country Clubs were closed the night of the compliance check operation.
Becket, 12/5/96
Sold to Underage Youth
Jordy's
11976 Gardner
Old Towne Liquor
13400 1st St.
Tom Thumb
13996 1st St.
Three out of four establishments checked sold to underage youth, for a sell rate of 75%. Flagstix
'was closed the night of the compliance check.
Refused Sale to Underage Youth
Beck's Pub
13934 1st St.
Sold to Underage Youth
Holiday Express #239
26125 Hwy 169
Zimmerman, 12/11/96
Refused Sale to Underage Youth
American Legion
12674 Fremont Ave
RJ's Sports Bar & Grill
12606 Fremont Ave.
Frontier Liquor
26207 Fremont Dr.
One out of four establishments sold alcohol to an underage youth for a 25% sell rate.
Princeton, 12/11/96
Sold to Underage Youth Refused Sale to Underage Youth
Super America
906 S. LaGrande
Zero out of one establishment sold alcohol to underage youth for a 0% sell rate.
Clear Lake, 12/12/96
Sold to Underage Youth Refulsed Sale to Underage Youth
American Legion
310 US Highway 10
Zero out of one establishment sold alcohol to underage youth for 0% sell rate.
Sherburne County, 12/11 and 12/12/96
Sold to Underage Youth
Refused Sale to Underage Youth
Palmer House of Clear Lake
4181 105th Ave.
Clear Lake
Ridge Runner
2120 165th Ave.
Santiago
River Inn
Box 357
Monticello
Refuge
26211 184th St.
Big Lake
Briggs Lake General Store
4258 105th Ave.
Clear Lake
Ponderosa Inn
26137 146th St.
Zimmerman
Legion Post #147
19943 Co. Rd. 43
Big Lake
Santiago Country Store
2080 165th Ave. NE
Santiago
Ridgewood Bay Resort
14255 288th Ave.
Zimmerman
Three out of nine establishments checked sold alcohol to an underage youth for a 33% sell rate.
Deltone Inc., Central Mn Gun Club of St. Cloud, Benji Howard Memorial Ball Park of Santiago
and Hanging Kettle Restaurant of Santiago all were closed the night of the alcohol compliance
check operation.
Big Lake, 12/18/96
Sold to Underage Youth
Lake Center Lanes
590 Jefferson Blvd.
Russell's On the Lake
111 Jefferson Blvd
Broken Spoke Bar and Grill
47 Lake St. S.
Lake Center Liquor
'Lake Shopping Center
Tom Thumb Store #239
220 Jefferson Blvd.
Refused Sale to Underage Youth
Jim's Big Lake Bar & Lounge
110 Jefferson Blvd.
Casey's General Stores, Inc.
461 Jefferson Blvd.
Holiday Station Store, Inc.
281 Jefferson Blvd.
Five out of eight establishments sold alcohol to underage youth, for a sell rate of 62.5%.
Overall County Results: Nineteen out of forty two establishments within
Sherburne County sold alcohol to an underage youth during compliance
check operation, for a sell rate of 45%. Six establishments were closed and
two establishments no longer sold alcohol or sold only non-alcoholic beer.
Ideas and Examples
What City Government can do to help ensure age of sale law is being
followed.
1. Using zoning, licensing, and administrative penalties to reduce access.
Examples of controlling where, when and how alcohol is sold include measures
such as prohibiting the sale of single cans and bottles, requiring outlets to
illuminate their parking lots, and restricting hours of alcohol sales. Illuminating
parking lots makes it easier for employees and police to identify adults who are
purchasing alcohol for underage individuals.
Zoning restrictions can be used to prohibit alcohol outlets close to schools, parks,
playgrounds, and residential areas.
City can use their authority to deny, restrict, or revoke liquor licenses to any
merchant who commits license violations, including selling to underage persons.
2. Conducting compliance checks. Enforcing laws and ordinances related to
selling alcohol is an effective way to reduce underage access to alcohol, as well as
setting norms for the community. To encourage employers to monitor their
employees, some communities develop civil fines and penalties against licensees
for sales to underage individuals and then conduct routine compliance checks.
3. Working with community liquor merchants. There are several steps cities can
take to support responsible liquor merchants and encourage cooperation from
others. First and foremost, a community can encourage a merchant to establish
clear policies regarding service to underage persons. Cities may require liquor
merchants to provide regular training for their employees to emphasize the need to
card, how to spot fake ID's and about server/seller liability and responsibilities.
Many insurance carriers also provide incentives for beverage server training by
offering a reduction on liability premiums'. (Note: Right now there is no standard
for what a training should include and how it should be conducted. We are
finding many establishments have gone through some sort of training - whether
what is out there is the quality needed to impress upon server/sellers the
importance of checking I.D.'s and not selling to minors, I can't be sure. How
important the owner/manager feels it is may be a bigger key than the actual
training. The University is in the process of doing some research in this area.) If a
good program is identified, you could require that particular program. I have a
couple of names of good programs, if you are interested.
In some communities, keg parties are a major source of alcohol for underage
persons. A city ordinance requiring merchants to register keg beer sales at the
point-of-purchase would help police identify the supplier and hold the person
accountable for this illegal act.(St. Cloud has this ordinance and Chief of Police
feels it has helped in their battle with underage use.)
4. Newspapers, television and radio all play a significant role in educating the
public. It is essential to work with the media in building a public awareness
.campaign that supports the community's strategies. For example, a media
campaign can be effective in communicating that there are stiff penalties for
providing alcohol to underage persons. It is a gross misdemeanor, punishable with
a $3000 find and/or up to a year in jail, for any adult to provide alcohol to an
underage person. In addition, anyone over age 21 who knowingly serves alcohol
to someone under age 21 may be held civilly liable for any damages caused by the
underage person.
Other effective media strategies include writing letters to the editor, and using the
media to inform constituents of new ordinances and enforcement efforts.
5. Other ordinances that have been used in other communities to deal with
underage drinking in genereal:
Noisy Assembly - A noise ordinance may help police officers to control underage
drinking parties in private residences.
Open House Assembly - an ordinance that allows communities to fine parents or
other responsible adults when underage drinking parties are field on their property.
This may encourage these adults to monitor the youth to prevent underage
drinking parties from occurring.
Alcohol restrictions in certain areas - Communities can pass laws restricting the
use of alcohol on public property and then encourage police to patrol these areas
and enforce these laws.