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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.