INFORMATION 04-18-1995
'MEMORA
NDUM INF®R~fi'AT!®N
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Attorneys at Law
1500 Norweat Finanwal Center
7900 Xerxes Avenue Swrth
• Bloomington, Minnesota 55431
Telep6orat (612) 835-3800
PAX: (612) 8963333
TO: Mayor Henry A. Duitsman
Members of the City Council
FROM: Peter K. Beck, City Attorney
DATE: April 7, 1995
RE: Ditch Legislation
This memo presents the current status of our effort to obtain
special legislation authorizing Sherburne County to transfer alI
or a portion of selected County drainage ditches to the City.
H.F. 1291
H.F. 1291 was heard in the House Committee on Local Government
and Metropolitan Affairs which approved it and moved it onto the
House Floor.
The next step is Floor debate and final passage. We have
• requested Representative Bruce Anderson move H.F. 1291 to the
consent agenda in order to have it promptly considered.
S.F. 1122
The Senate Committee on Environment and Natural Resources heard
S.F. 1122 on April 7, and recommended it to pass. In addition,
the Environment and Natural Resources Committee also recolt¢nended
placement of the bill on the Senate's consent agenda.
Senator Mark Ourada believes that the Senate bill may be heard as
early as Monday, April 10, provided it remains on the consent
agenda.
I will update you further as this legislation proceeds.
• GEK:NQ7s
Z d 90d61L09SE 'ON/b0~bi '.LS/SO~bI S6 ,LO 'b0 (18d1 NVYi830H NIxBtl'I {1083
..*
1 A bill :or an aot
2 reinting to local gove:^nments authorising Sherburne
• 3 county to oonvey osrtain oouatyy ditches to the city of
4 Slk River under oortain conditioaa.
5 SS IT SNACT$D $Y THS LBaI$LATURS OF TK$ STATS OF MINNSBOTA:
6 Section 1. (SHSRSVRNS COtfi~TYs CONVSYANCB OF CERTAIN COUNTY
7 DITCHBB TO TH8 CITY OF BLIi RIVSR.)
B The County of Sherburne may,•by one or more resolutions of
9 its board of oommissioners, oonvey Co the oity of 81k River ail
l0 Hof its rights, title and interests in ail or any portion of
11 County ditohes numbered 2, 10, 12, 26 and 3i.
i2 Bastion 2. (FROCSDUREB AND CONDITi0N8 OF CONVBYANCB.)
13 The oonveyance or oonveyanoaa will be eftsative as of the
14 data of rush a aouaty board resolutioa, provided that the city o!
16 Slk River, by resolution of its city oounoils
16 (if has agreed to acaspt tho oonveyanc• to it o: a speaifio
• 37 ditch or portion thereots and
39 (~) has agreed to assume as o: the eaective date, all of
SD the rights, title, and interests of the bountys and
20 (3) has agreed to assume rasponiibility, under its
ZS muaiaipal authority, for management of eur:aca water withia the
22 area sezved.by. Ck;a ditoh or portion of a ditch so aanveyed.
23 Section 3. (SFS£CT OF CONI'BYANGS.)
2G Upon the e:fectiva date of a ooawynnae authorised under this
25 eat, with respect to any ditch or portion of a ditch so oonwyad:
26 (1) the pity of 81k Riwr shall hold all of the county of
27 8herburne's property rights, title cad interests in any ditoh or
28 portion. of s ditch so oonveyeds and
,_-.
• Q9 {Z) Bharburae County shall have no further rwpoasibility
30 !or the ditch or portion of a ditch so coaveyed~ and
si {;~ the ditoh or portion o! a ditoh so oonveyed shall no
32 longer be subject to the provisions of Minauota statutes
•
C~
33 Chapter 1039 exoept that nay existing dralnaQo liens shall romaia
34 3a full loroe and elfeat until paid or saeisfiedl and
35 {qy The oity of 81k River shall manage surlaae water within
36 the area served by the ditoh or portion of a ditch so aonveyad
39 purauaat to Minnesota Ctatutes Chapters 41I, dd4, or other
38 applioable Saw QovsrainQ management of surfaoe water by oities,
39 Ths oouaty and the city may enter into ashy agreement or issue any
d0 document aeoessary to Derry out the purposes o! this act.
ai Csotion a. (8FF8CT ON RBMASaING DITCFIHB.]
43 This act shall not have any etfsot upon any ditch or portion
43 0! a ditoh that ie not the subject of nn agreement as desoribed
as is Deatioa 2.
aC esatioa S. [EFFYCTIVB DAT8,1
a6 This not is effective the day after the oounty board of
47 Bherburae County and the oily oouncil of 81k River oomply with
46 Minnesota Statutes f6di.o21, subd. 3.
49
+++END+++
Joint City CounciUSherburne County Board It4eeting
March 7, 1J94
Page 3
~ The Council discussed the possibility of holding a joint meeting with the Elk River
Utilities and the EDA during The April EDA meeting,
• It wos the consensus to discuss the School Street issue with those residents
abutting School Street on Morch 28.
Other Business
Mayor Duitsman questioned the slatus of the proposed extension of Joplin
Avenue. It was the consensus fhot no formal decision has been made regarding
this issue of this time.
8. Joint Sherburne ountvlCity Council Meeting
COUNCILMEMBER FARBER MOVED TO RECESS THE MEETING. COUNCILMEMBER
HOLMGREN SECONDED THE MOTION.. THE MOTION CARRIED 4-0.
The meeting recessed of 6:35.
JOINT MEETING WITH SHERBURNE COUNTY BOARD OF COMMISSIONERS
Sherburne County Commissioners Present: Lyle Smith, Ame Engstrom, Mike Johnson, Leslie
Schumocher and Roy Friedl
Also Present from Sherburne Counfv Tom Hayes, County Attorney; Dave Schwarfing,
Highway Engineer; and Dave Loch, County Coordinator
1. Mayor Duitsman reconvened the Council meeting at 6:37 p.m.
2. COUNCILMEMBER FARBER MOVED TO APPROVE THE JOINT MEETING AGENDA.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CAkRfED 4-D.
3. County Ditches within the Cifv of Elk River
Mayor Duitsman indicated that the City would be in favor of accepting the
county ditches in the City of Elk River, however, the City would need some
contribution or assistance from the County in order to upgrade the ditches. He
also stated that the City would need the legal information regarding the location
of all the ditches (easements) and information as to what Shope they are in prior
to moving forward with the upgrading of the ditches.
The County discussed possible in-kind service in lieu of cosh. donations. Dave
Loch, County Coordinator, stated that the County has ditch maps and surveys of
ditch locutions which could be made available to the City. Steve Rohlf, Building
and Zoning Administrator stated that the largest cost in this project would be
acquiring surveys and easement acquisition.
Mayor Duitsman requested that all of ditches 10 and 31 and a majority of ditch
} 28, with the exception of the portion in Big Lake township, be turned over to the
City. He indicated that drainage is o city-wide .problem and it is the city's
intention to begin an area-wide assessment to cover the costs of upgrading the
ditches.
Joint City Council/Sherburne County Board 112eeting Pa e 4
A4arch 7, 1994 ~
County Commissioners Schumocher and Engstrom indicated they were in favor of
• the City taking over the county ditches in FJk River.
COUNCILMEMBER HOLMGREN MOVED TO DIRECT Cl7Y STAFF 70 BEGIN WORKING
WITH THE COUNTY STAFF TO RESEARCH HOW THE DITCH EXCHANGE CAN TAKE
PLACE AND 70 START THE PROCESS OF TRANSFERRING THE COUNTY DITCHES
LOCATED IN THE Ci7Y OF ELK RIVER TO 7HE CITY. COUNCILMEMBER FARBER
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
4. Implementation of Weflonds Law
Steve Rohlf, City Building and Zoning Administrator, indicated that the City of Elk
River has been named the Locol Government Unit for weflonds in Elk River. Steve
Rohlf explained the theory of banking wetlond credits. He recommended that
the City create a big enough site to bank wetland credits.
It was the consensus of the City Council and County Board that the Ciiy and
County work together on this issue.
5. Tronsportotion - Lona-ronae tronsporfation plans and improvem nt protects
scheduled rn the next few years
Pat Klaers, City Administrator, stated that the Council is currently reviewing the
1994-96 City transpiration projects, os well as the long-range projects. He stated
? that the City would like to work with the County to improve County Road # 1. He
indicated that the City Council recently adopted a resolution requesting
Sherburne County to upgrade CSAH #1 from County Rood 77 to County Road 32
and indicating the City's willingness to take the lead on the project.
Dave Schwarfing, County Engineer, stated that County Road #1 is on the
County's 5-yeor construction program along with County Road # 12.
Councilmember Holmgren urged the County Commissioners to place a high
priority. on County Rood 11 (located outside of Elk River) as it is a dangerous
intersection and another death hod just occurred at the intersection.
Councilmember Holmgren commended the County on the maintenance of the
county roads in 1993.
Steve Rohlf, City Building and Zoning Administrator, informed the County that the
City is undergoing an EIS for groves mining which will effect County Roads 33 and
77. He stated that he would keep the County Engineer informed of the program.
Steve Rohlf informed the County Commissioners that the City is in the process of
upgrading its trail system pion. He requested the County to consider widening
the shoulder of County Roads that will be upgraded to accommodate bicycle
and pedestrian traffic.
Mayor Duitsman requested Sherburne County to review the City's long-range
transportation pion. He suggested that there could be a future exchange of
,~ roods between the city and county to accommodate the plan.
• It was the consensus of the County Board and City Council that both staffs work
jointly on the long-range tronsporfation plan and especially in the possibility of the
exchange of roods to accommodate the plan.
Joint City CounciUSherburne County Board AZeeting
A4arch 7, 1994
Page 5
.~ 6. Status of The County Fairgrounds
• Dave Loch, County Coordinator, explained the reason the County Fairboard was
considering moving the fairgrounds. He indicated that he felt the County
Fairboard grew concerned with the City locating in the vicinity and hod fears of
being phased out. Mayor Duitsmon explained that it wos never the intention of
the City to phase out the County Fair. Dave Loch stated that he felt the
fairgrounds is located in a good location which offers them room to grow and the
opportunity to remain in the area for a long time.
Councilmember Holmgren questioned whether the county has considered
improving the parking loT in the fairgrounds. He suggested a joint easement
between the City and County with the City upgrading the parking lot.
Discussion was held regarding the County purchasing property to the west for
expansion of the foirgrounds. Commissioner Engstrom questioned whether the
Council would have a problem v~ith the county expanding the foirgrounds onto
property that is slated for business park. It was stated that a minor expansion
would not disturb the business park plans. Discussion was also held regarding the
City purchasing the fairground parking lot, and then leasing it back to the county
during the county fair. The City would then improve the parking lot.
Commissioner Engstrom requested the County Staff to look into the sale of the
parking lot to the City. Mayor Duitsmon stated that after County review of the
situation a proposal could be mode to the County Commissioners if the City
decides to move ahead with the proposal
Commissioner Schumacher stated that the assessments on the fairground was an
issue in the decision to consider moving the fairgrounds. The City Administrator
indicated that additional street and lateral utility assessments would be
forthcoming.
Discussion on Future needs of the Government enter
Discussion was held regarding the future access of the frontage road along The
government property that runs along Highway to and to eventually have this
rood hook up fo Waco and Joplin Streets and then service the future business
parks. This road hook-up and extension may eliminate the need for a City street
to be extended through the Sandpiper plat and out to Waco Street.
Discussion wos held regarding the need for municipal sewer and water at the
government center. Dave Loch indicated Choi with the expansion of the
government center, there is a definite need for city services. It was suggested
that the County petition for municipal sewer and water to start the process.
.~
•
Joint City CounciUSherburne County Board Meeting
A2arch 7, 1994
8. Library Svstem
Page G
Dave Loch updated the Council on the status of the funding of the library system.
He indicated that two proposals have been made so far, both of which the
County feels is unfair to Sherburne County. The first proposal creates o faxing
districf which requires the County to pay based on a net tax capacity. With this
system, Sherburne County's cost would increase by over $1,000,000. Another
method that is being proposed is based on the formula of 1/3 population; T/3
library usage; and 1/3 tax capacity. This method would increase Sherburne
County's shore by $765,000, It was stated that both methods seem unfair as
Sherburne County is paying the majority of the increase vrith no increase of
benefits. Discussion was held regarding the possibility of the County seceding
from the system.
Councilmember Dietz updated the County on the expansion project of the
Library which is underway.
9• Oth r Business
No other business was presented.
10. Adiournment~
There being no furfher business, COUNCILMEMBER FARBER MOVED 70 ADJOURN.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
The joint meeting of the City Council and County Board adjourned at 8:25 p.m.
Respectfully Submitted,
Sandra A. Thackeroy ~'~~
City Clerk
MEMORANDUM OF AGREEMENT
. This Memorandum of Agreement entered into this 18th day of
April, 1995, by and between the County of Sherburne (the
County) and the City of Elk River (the City).
WHEREAS, the City needs to acquire approximately 1.75 acres
of land in the northwest corner of the County Fairgrounds from
the County to construct the new intersection of Orono Road and
Joplin Street; and
WHEREAS, the County is willing to sell the land needed for
the intersection to the City; and
WHEREAS, both parties desire to work together to minimize
the impacts of this acquisition on the Fairgrounds and the
operation of the annual County Fair;
NOW, THEREFORE, the parties hereto agree as follows:
• 1. The County shall sell approximately 1.75 acres of land
(the Land) to the City for construction of the new
intersection of Orono Road and Joplin Street (the
Project). The sale price shall be the fair market
value of the land determined as follows:
° The County, on behalf of itself and the City, has
retained Mike Amo to prepare a preliminary
appraisal of the Land. The cost of this
preliminary appraisal shall be borne equally by
the City and the County. If the value
established for the Land by Mr. Amo is acceptable
to both parties, this shall be the sale price.
If either party does not agree with the value
established by Mr. Amo, that party may have a
second appraisal prepared at its own cost and
negotiations regarding the sale price will
continue based on the two appraisals.
° The City will pay all special assessments payable
on the Land on the close of the sale. The sale
price shall be adjusted as necessary to reflect
this payment by City.
° The City shall be responsible for removing any of
• the Fairgrounds fence required to be removed for
the Project, and shall salvage the fence and
place the removed fence in a location directed by
• the County. The City agrees that if at all
feasible, it shall take down the interior fences
first to retain security and leave the outside
fences as long as practicable. The City will
inform the Chief of Police and request the patrol
to be aware of this.
2. The City shall complete the following portions of the
Project on or before the opening date of the 1995
County Fair:
° Removal and stockpiling of fences;
° Street construction, including gravel base, curb
and gutter and first lift of blacktop (it is not
anticipated that the final lift of blacktop will
be installed prior to the fair).
° Installation of a new drainage system in the
eastern area of the Fairgrounds, as required by
paragraph 3 below, including regrading of this
area and removal of the fence.
3. The City agrees that it shall remove and salvage the
fence between the parking area and the midway area on
• the west side of the parking lot which is presently
used for parking by both the City ballfields and the
Fair, as shown on the map attached as Exhibit A. The
City shall install a drainage system in this parking
area which will drain the area to a site off the
fairgrounds property. If this drainage system
requires placing a drainage line through the
Fairgrounds, the City has the County's permission to
put such a drainage line across fairgrounds property.
The City agrees to bear the cost of filling, regrading
and seeding of this parking area. The City will
inform the County of who they will be using for the
filing/regrading so that the County may contract with
the same party to bring in additional fill for the
existing Fairgrounds (near the area of the grandstand
and the Fair office) at the County's own cost and
option.
4. The City agrees that the Fair Board may use the
approximately 4.74 acres at the old E & O Tool site
(as shown on the map attached as Exhibit A to this
agreement) for parking during the County Fair for the
years 1995-99. Temporary lighting shall be provided
by the Fair Board and removed following the Fair. The
parties agree that if it is more cost effective to
install light poles in the area, they will work in
• good faith in the placement of the same. Placement of
2.
any such light poles shall be at the County or Fair
Board's expense and shall be removed by the County or
• Fair Board following the 1999 County Fair, or earlier
if the Fair is relocated earlier, unless otherwise
agreed. Any lighting poles that are required to be
removed by the City for the Project shall be salvaged
for the County.
5. The City will allow the Fair Board to use the
triangular shaped land parcel southeast of the
ballfields (as shown on the drawing attached as
Exhibit A to this agreement) for parking during the
Fair from 1995-99. The location of the gate opening
for this parking shall be as shown on the drawing
attached as Exhibit A to this agreement.
6. The County shall allow the City to use the Fairgrounds
property south of the ballfields for parking during
ball games, at all times other than during the County
Fair, upon reinstallation of a fence. Access to this
area for parking shall be via the east gates.
7. The County will provide the City an opportunity to
match any offer to purchase all or a portion of the
Fairgrounds property when the entire Fairgrounds
parcel is placed on the market for sale.
• 8. The City will allow access to the Fairgrounds from the
south off of Orono Parkway, in a location aligned with
Hudson Street; from the west off of Joplin Street;
from the east via the gate shown on Exhibit A to this
agreement; and from the existing entrances to the
Fairgrounds on the north (which will not be disturbed
with the acquisition of the 1.75 acres of Land).
9. The City shall cover the cost of removing fences as
provided by this agreement and removing any lighting
poles along Orono Parkway. Gates removed by the City
shall be salvaged and reused by the County. The
County agrees that they will replace fences using
labor from the STS crew (including the cement
anchors). The cost of replacement parts for fences
shall be split between the City and County. City
shall pay for the new gate installed pursuant to
paragraph 5 of this agreement. The County will pay
for any other new gates.
1D. The City agrees that into the year 1999, or until the
time the Fairgrounds property is sold, whichever comes
first, that no further assessments shall be levied
against the Fairgrounds property.
11. The City and its Park and Recreation Commission shall
• notify the County of any tournaments that are to be
3.
. .
scheduled at the ballfields during the County Fair,
and agree that the parking area owned by the
• Fairgrounds and the area identified on Exhibit A to
this agreement shall be used only for Fair parking
during the Fair.
12. The County agrees that before the conclusion of 1997,
the County, by and with its Fair Board shall either:
i. meet and negotiate in good faith for terms and
conditions that will allow the Fair to continue
at its present site, or,
ii. the County will notify the City that the
Fairgrounds shall be relocated.
The parties have read the foregoing and agree to the same.
CITY OF ELK RIVER
By:
Its: Mayor
Attested to:
COUNTY OF SHERBURNE
BY:
Its: Chairman
Attested to:
•
By: By:
Its: City Administrator
Dated:
Its: County Administrator
Dated:
4.
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