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Home My WebLink About5.F.3. Amending City Code regarding Taxicab Licensing and Urban and Rural Service Districts-Ord. No. 828 S.F.34 CITY OF SHAKOPEE Memorandum CONSEI~T TO: Mayor, City Council, Councilor-Elect Pamela Punt Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Amendments to City Code Regarding Taxicab Licensing and Urban and Rural Service Districts DATE: December 10, 2009 INTRODUCTION City Council is asked to consider adopting Ordinance No. 828 which amends the City Code relating to taxicab licensing and repeals the establishment of separate taxing districts. BACKGROUND The City Code provides for a public hearing by the City Council when considering an application for a taxicab license. It also requires publication of the public hearing in the legal newspaper. It is ambiguous with respect to the public hearing requirement for renewals. Staff has interpreted the public hearing requirement being for initial applications only and has not set public hearings before the city council for renewals. To be clear, it is recommended by the City Attorney that the City Code be amended clarifying that a public hearing is not required for the renewal of taxicab licenses. In 1967, the Common Council ofthe City of Shako pee adopted Ordinance No. 270, Third Series, setting forth urban and rural service districts. The ordinance has been amended four times, most recently in 1996. In 1996, Ordinance No. 450, Fourth Series, contained a termination paragraph phasing out the Rural Service District over the following five years. The adoption of the attached ordinance is housekeeping and will allow Section 13.01 Urban and Rural Service Districts to be deleted from the City Code. AL TERNA TIVES 1. Amend the City Code as recommended 2. Do not amend the City Code as recommended 3. Table for additional information Amendments to City Code Regarding Taxicab Licensing and Urban and Rural Service Districts December 10, 2009 Page 2 RECOMMENDATION Staff recommends alternative number 1, amending the City Code by adopting Ordinance No. 828, Fourth Series, as drafted. RECOMMENDED ACTION Offer Ordinance No. 828, Fourth Series, An Ordinance ofthe City of Shako pee, Minnesota, Amending City Code Section 6.22, Taxicabs and Drivers, Subd. 4, Public Hearing and Deleting City Code Section 13.01, Urban and Rural Service Districts, and move its adoption. h:\judy\OrdNo828Memo S 13.01 CHAPTER 13 URBAN AND RURAL SERVICE DISTRICTS SEC. 13.01. URBAN AND RURAL SERVICE DISTRICTS. . . . . . . . . . . . . . .. . . . . . . . . 1661 Subd. 1. Districts Established. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1661 Subd. 2. Urban Service District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1661 Subd. 3. Rural Service District .................................... 1661 Subd. 4. Ration of Benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1661 Subd. 5. CIty" .Se"rvices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1661 Subd. 6. Termination of the Districts. . . . . . . . ..~ . . . . . . . . . . . . . . . . . . . . . . 1661 SECTIONS 13.02 - 13.99. .Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1662 SEC.13.01. URBAN AND RURAL SERVICE DISTRICTS. Subd. 1. Districts Established. The City hereby divides the area within its limits into an Urban Service District and a Rural Service District, constituting separate taxing districts for the purpose of all municipal property taxes except those levied for the payment of bonds and judgments and interest thereon. Subd. 2. Urban Service District. The Urban Service District shall include all properties within the limits of the City, except those set forth herein as Rural Service District. Subd. 3. Rural Service District. A. The Rural Service District shall include only such land which is classified by the City Assessor as Agricultural Homestead or Agricultural Non-Homestead land. B. Land in a Rural Service District must be open, rural in nature, tilled and maintained in farm crops or seeded, not platted for development, not adjacent to a developed parcel or area, and outside the Metropolitan Urban Service Area. .C. Any fill hauled therein shall be graded off and seeded at least once a year. Subd.4. Ration of Benefits. On a judgment of the Council the ratio which exists between the benefits resulting from tax supported municipal service to parcels in the Rural Service District to parcels in the Urban Service Districts is 50% plus any municipal property taxes levied for the payment of bonds and judgments and interest thereon. Subd. 5. City Services. No City services beyond that normally provided by the townships of Scott County will normally be provided by the City in a Rural Service District except fire. police and planning services and such additional services as the Council shall. from time to time, prescribe. Subd. 6. Termination of the Districts. The Rural Service Districts established by this section X of the City Code shall be phased out over the next five years. The tax benefit enjoyed by the Rural Service Districts shall be phased out in five equal changes in the percentage of taxes. (Ord. 270, 3rd Series, October 7, 1967; Ord. 1, April 1 . 1978; Ord. 15, November 9, 1978; Ord 450, April 4, 1996) page _, ed in 1996 1661 Ch. 1.7 Published Notice - ORDINANCE NO. 270 Ch.l.7 An Ordinance Setting Forth Urban and Rural Service Di5trict5 in the City of Shakopee, Minnesota, Pursuant to Chapter 712 of the Laws of 1965a5 Amended THE COMMON COUNCIL OF THE CITY OF SHAKOPEE DOES ORDAIN: SECTION I: The City of Sbaikopee hel1eby divid1esthe wea wilthin its limits into ,an Urban Service District and a Rural Servkie District, constituting OO1)aralt:e taxing districts :ll0ll' the PUl"Pose of aill municipail propel1ty taXles 'except those levied for. the paymenJt of bonds and judgments and interest thereon. SECTION II: Too Urban Service District shall includ'e all properties within the limits of Ithe City of Shamopee, except those set ilorth by ordinance illS Rural Service. District. SECTION III: The Rural Service District shall include only such unpla1Jted latllds which need not be contiguous to one anothe1' as in the judgment of the Common Ooonci[ lof the City of Sbaiko- pee lat Ithte time of adoption of the ordinance lare rural in chaI1adter, and are not deveiloped Jior commercial, industrial or urban resi- dential purposes ,and for these reasons lare nOlt benefited to Ithe ,same .degree !liS other Lands by mUJD:icipal services financed by genel'lal tax3Jtion. This ol'dinance may inclooe lands outside the City of Sbakopee which, if anIlIeXled, shall be included in tbe Rural Service District. SECTION IV: The following lands al'Ie included in the RUII1al Service District: A. All of Government Lot 1, Section 1, TownshiiP 115, Range 23, Scott Oounty, Minnesota. B. Tbe North Half of the Northwest Quarter and Gov- ernmeIllt Lot .4 and a strip of Land Southwesterly of the ShaiIDopee-chaska Road in !.Jot 2, ilUld the Nol"th- west Quanter of the Northeast Quarter, all in Section 1, Township 115, Range 23, Scott County, Minnesota. C. 13 aCl1es in Lot 7, Section 2, 'Ilownshiip 115, Bange 23, Scott County, Minnesota. .. I D. All tl1at1>~ of the West %nds of the SOuth~elSt Quar~ ter land G iV1ernment Loti 5 1y~g South oll1AJh!e \line o~ Second Str~et Easterly/in a dined tine flom illieEast line of sa1d\Secon~treet in \the ~1 of S~opee, q.Ll in Section 6... Township 115, Rang 23, Scott CO,jlnty, Minnesota. j E. A tract ,of land in tthe East % ths of thre Southeast Quarter of Section 6, 'l1ownship 115, R~e 22, Sco1lt COUIlJty, Miooesota. F. A trianguLar tract of land in the East % ths ,of the South Half of the Southeast Quat'iUe;r North of ShliOOG- pee and Credit RiV'er Road, Section 6, T<ownslhlp 115, RllIIlge 22, Scott County, Mil1Iliesota. G. 19 acres in thre Southeast Quarter of the SOulthwest Quarter, SecHon 6, TownshdJp 115, Range 22, ScOltt County, Minnesota. H. The North Half of the Nol"1!heast QuarltJer East of Highway No. 17 'except 4.15 acres and eXlcept 1 aCl1e, Section 7, Township 115" Range 22, Scott County, Minnesota. I. Tbe North Half of the NortheaJSt Quarter WeSJt of Highway No. 17, Section 7, TOWIDSmp 115, ROOIge 22, Scott County, Minnesota. J. The East 16.12 ,awes ,of the Northwest Quav1Jer of the Northwest Quarter. lexCept 10 aCl1es, and the North- east Quarter ,of the Northwest QuaJI'1Jer exceplt rthe ElaSJt 2 rods, all tn Section 7, Township 115, Range 22, Scott County, Minnesota. K. The West Half of the Northeast Quarter, except 2:1 acres, and except 4.76 acres, fue ihiJghway and 15.94 ,acres and 2.06 acres, Section 11, Township 115, Rll!llge 23, Scott COUIJlty, Minnesota. SECTION V: Whenever 'any parcel of ~and included in the Rural Servi'Ce District i:s 'Platted in whole 'orln part; or when- ever appliCll!tion is made nor a permit for construction of Ii com- merci:al, industrial, iresidentilal Qf ~ N"' I '1l'l building or im- provement; or whenever such impr(}Vlement or building is com- menced witihout a permit, the governing body sh!all make and enter an order by resolution transJiea:ring said parcel or part Ithereof mom .the Rurail Service DiJStrict to the Urban Sexvice District. No !parcel shaJil be induded in a RlE.'lll Siervice DiSitrict of ten acres or less ,and no parcel ,shall remain in a RUl'Ial Seirvice District unless such parcel consists of Ijjen aCl'les 00' more. SECTION VI: In Illhe judgment of the Common Council of the City of Shakopee, the ratio which exiJSts between ilie benefits l1esulting from tJaJ{ sUlWorted municiplal service to parcells inlthe R\lIIaJl Service District to parcels in the Urban Service Districl is 30%, plus any municipal property iIlaxes levied for payment of bonds, and judgments, and in'l1erest thereon. SECTION VII: Any parcel within a Rural Service District fur Il1eill y,ears wiitbJout development shall be considerled by the Oommon Council of the CiJty of Shakopee for exclusion from rtbJe Rural Service District. By amendment hooeof such parcel shall be included in the Uil"ban Service District if at1Iy al'ie.a adjacent thetr'eto is determined by the Common Counci:l. of the CiJty of Shakiopee to be subStaIlltially deVleloped I8S urban property. ) SECTION VIII: A. No City service beyond that normally pro- vided by the townShips of Scott County will be provlided by the City in a Rural Service District, ,except fire, police and planndng services; B. Land in a Rural Service District mum be open, 1'Ul'Ial in cbiarlaater and mainltained in :fiarm crops or seeded: C. Grading is not considieJ:ed as dev,elO\Plllllent pl'Iovid'ed grading is such as to hold storm runoff on tile land and nOlt prodUce storm runoff problems and provided graded ,wealS are cropped OIl' re- seeded within one year: D. Any filiI haWed in shall be grtaded off and seeded at lleast once each year. SECTION IX: This ordinance shall tam effect. land be in :fiorce Drom and a:fl1Jer 30d:ays ,ad1tler its passage and !publicartron. Mter due notice and public hearing held this 22nd day of August, 1967, 'as requil'led by Minnesota StaltutJes Section 272.67 (SuM. 3 and 4), and afl1er duly conforming with all of the reo quirlements of Isaid Sedtion 272.67, the final .adoption of thils or- dinance was adopted, passed and appl'loV1ed by the Common CoUlll- cH of the City of Shakopee tbiis 22nd day of August, 1967. Prepal1ed and approved this 11 day of July, 1967 JULIUS A. COILER City Attorney A. J. BERENS President of the Oommon Council ATTEST: MELVIN P. LEBENS City Reco;rder ApproVled Ithis 22nd day of August, 1967. RAY SIEBENALER Miaylor of the City lof Shiakopee (Pub. in Shako,pee Valley News, Sept. 7, 1967). (38446) ORDINANCE NO. 828, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE SECTION 6.22, TAXICABS AND DRIVERS, SUBD. 4, PUBLIC HEARING AND REPEALING CITY CODE SECTION 13.01, URBAN AND RURAL SERVICE DISTRICTS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, DOES ORDAIN: Section 1. City Code Chapter 6, Other Business Regulation and Licensing, Section 6.22, Taxicabs and Drivers, Subd. 4, Public Hearing is hereby amended by adding the language which is underlined. Subd 4. Public Hearing. Upon the filing of an initial application, the City Clerk shall set a time and place for a public hearing before the Council. Notice of such hearing shall be given to the applicant and to all licensees. Due notice shall be given in the legal newspaper at least ten (10) days prior to such hearing. No public hearing is required for renewal license applications. Section 2. City Code Chapter 13, Urban and Rural Service Districts is hereby repealed in its entirety. Section 3. Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2009. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of ,20_