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HomeMy WebLinkAbout07/19/1990 TENTATIVE AGENDA WORKSESSION SHAKOPEE, MINNESOTA JULY 19, 1990 1] 4:30 p.m. - Budget Worksession - bring 1991 budget received at an earlier meeting 2] 7:30 p.m. - Joint worksession with the Planning Commission a] Planning Commission Roles and Functions 1. Long Range Planning 2. Current Planning b] Comprehensive Plan Issues 1. Downtown/Institutional Viability c] Comprehensive Code Update d] Enforcement Problems e] Site Plan Review Process f] Attendance Policy 3] Adjournment Dennis R. Kraft City Administrator MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Charitable Gambling DATE: June 18 , 1990 INTRODUCTION: The purpose of this memo is to outline some of the state laws relating to charitable gambling. The laws I wish to mention would produce revenue for the city, if the city chose to implement them. BACKGROUND: Minnesota State Statutes, as amended, Chapter 349 governs charitable gambling in Minnesota; bingo, pull-tabs, raffles, etc. Cities may adopt additional regulations which are more restrictive, but not less restrictive. The City of Shakopee has chosen not to duplicate the responsibilities of the State and has, therefore, not adopted any regulations dealing with charitable gambling, except to require that the licensee carry on its activities in and be located and based in the City. Current State gambling regulations provide for the following: 1] MSA 349 . 214 allows a city to issue permits to gambling organizations who are exempt from the state licensing requirements and charge a fee not to exceed $100. 00 2] MSA 349 . 16 (4) allows a city to charge an investigation fee for all applicants for a license in an amount not to exceed $100 . 00. 3 ] MSA 349 . 212 (5) allows a local gambling tax up to 3% only if the amount to be received by the city is necessary to cover the costs incurred by the city to regulate lawful gambling. The city shall file a report annually by March 15th with the board on a form prescribed by the board showing: a] the amount of revenue produced by the tax during the preceding calendar year b] the use of the proceeds of the tax (A tax imposed under this subdivision is in lieu of all other local taxes and local investigation fees on lawful gambling. ) Charitable Gambling June 18 , 1990 Page -2- 4] MSA 349 . 213 was amended during the 1989 legislature to allow a local authority to adopt an ordinance requiring organizations to contribute 10% of their net profits derived from lawful gambling to a fund administered and regulated by the responsible local unit of government without cost to such fund, for disbursement by the responsible local unit of government of the receipts for lawful purposes. LAWFUL PURPOSE MEANS (excerpt from a 1990 legislative amendment) : 7) recreational, community, and athletic facilities and activities intended primarily for persons under age 21, provided that such facilities and activities do not discriminate 10) a contribution to the United States, this state or any of its political subdivisions, or any agency or instrumentality thereof other than a direct contribution to a law enforcement or prosecutorial agency (This is not considered a tax under section 349 . 212 . ) 5] MSA 349 . 213 was amended during the 1989 legislature to allow a local authority to adopt an ordinance requiring a licensed organization conducting lawful gambling within its jurisdiction to expend all or a portion of its expenditures for lawful purposes on lawful purposes conducted or located within the city' s trade area. Must define city' s trade area and specify the percentage of lawful purpose expenditures which must be expended within the trade area. (1990 law requires that the trade area defined must include each city contiguous to the defining city. ) The attached exhibit "A" lists the organizations within Shakopee who have a gambling license from the State or who have received an exemption from the State. Judging by the list, one could assume that much of the proceeds from gambling are utilized within the community. (Because we require no reporting, we do not know exactly how much. ) ALTERNATIVES: Council may or may not desire to implement any of these options. If there is a desire to look into implementing option #4 and/or #5, Council may desire staff to meet with the licensees and get input from them. If Council desires to look into implementing option #3 , input should be solicited from the Chief of Police. Implenting option 1 would generate approximately $1, 200 and implementing cation 2 would generate approximately $1, 000 . Implementing #3 , 4 , or 5 would require licensees to submit reports to the city and would require some staff time to implement and monitor. EXHIBIT "A" LICENSEES 1) Eagles Aerie 4120 Shakopee 2) Hockey Shakopee Shak-O-Valley Amateur Association (Canterbury Inn) 3) Knights of Columbus 1685 Shakopee 4) American Legion Post 2 Shakopee 5) V.F.W. Post 4046 Shakopee 6) Pheasants Preservation, Inc. (Rock Spring) 7) Lion' s Club Shakopee (Clair's) 8) Shakopee Jaycee' s (Arnie' s) 9) Rotary Club Shakopee 10) Baseball Softball Shakopee Youth (Cheer' s 2 Ya) EXEMPTIONS 1) Shakopee Area Chamber of Commerce - Kristen L. Converse 2) Shakopee Senior Graduation Party, Inc. - Thomas Muelken 3) MN River Valley Chapter/MN Deer Hunters Association 4) Pheasants Forever, Inc. 5) Ladies Auxiliary Shakopee American Legion 6) Shakopee Area Catholic Schools [Apply Quarterly] 7) Shakopee Ducks Unlimited 8) St. Mary' s Church 9) Church of St. Mark I MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk'` `c RE: License Fees for One-Sale Club Intoxicating Liquor Licenses DATE: July 11, 1990 At their worksession on June 26, 1990, the City Council discussed the proposed budget for 1991. During the discussion, Councilman Clay asked whether or not it would be possible to increase the license fees for the Club On-Sale Intoxicating Liquor License. The current fee for a club license is $300. 00. Pursuant to Minnesota Statues 340A. 408 , Subdivision 2 , "The annual license fee for an On-Sale Intoxicating Liquor License issued by a City to a club must be no greater than: 1. $300 . 00 for a club with under 200 members. 2 . $500 . 00 for a club with 201 to 500 members. 3 . $650 . 00 for a club with 501 to 1000 members. 4 . $800 . 00 for a club with 1001 to 200 members. 5. $1000. 00 for a club with 2001 to 4000 members. 6. $2000 . 00 for a club with 4001 to 6000 members. 7 . $3000. 00 for a club with over 6000 members. " The City could increase the annual revenue generated from Club On-Sale Intoxicating Liquor Licenses by $1050 . 00, based on the club memberships as follows: 1. V.F.W. - 563 members 2 . American Legion - 525 members 3 . Knights of Columbus - 650 members Prior to increasing liquor or beer license fees, the City Council shall hold a public hearing. Notice of any proposed increase must be mailed to all effected licensees at least 30 days before the date of the hearing. If Council desires to increase the fees, staff should be so advise in order that a public hearing can be scheduled prior to adoption of the City' s Fee Schedule in December. JSC/tiv MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Township Recreation User Fee Increase DATE: July 17 , 1990 INTRODUCTION: On June 26, 1990 the City Council held a budget worksession. At that time, City Council discussed potential budget cutbacks and alternative revenue sources. One of the revenue sources which was included in the preliminary budget related to an increase in the user fees for township residents utilizing the City of Shakopee' s park and recreation services. Said user fee was suggested to be collected in the form of a service agreement between the City of Shakopee and the townships based on a per capita formula. Discussion at our last meeting in regard to this issue did not give clear direction as to whether or not a correspondence should be sent to the townships regarding an increase in the user fee for townships residents or the potential concept for a service agreement. Staff would like to request City Council to discuss the issue of an increase in user fees for township residents vs. the service agreement concept and direct staff accordingly to inform the townships of City Council ' s desired course of action. MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S . Cox, City Clerk RE: Taxes on Gambling Proceeds DATE: July 17 , 1990 I have been in contact with Tom Brownell regarding the possibility of obtaining figures on gambling proceeds for gambling licensees in Shakopee . Tom has talked with the Department of Revenue and they are creating a special program for this information and he will be receiving the information from them for Shakopee in a couple of days . They may also compute for us the actual tax dollars that would be generated based on these figures . This information will not be available for the July 19th worksession, but will be available for the next worksession, I am sure . Tom also offered Mr. Roger Frank to come to a council meeting to explain the laws regarding taxing organizations so that the council could be better informed in the event that they wished to have a public hearing and invite the licensees to discuss possible taxation on their proceeds . You may wish to hold up on having Mr. Frank come until we get the information from the Department of Revenue. PC/CC Joint Workshop Thursday, July 19 , 1990 Agenda Item a. 1 LONG RANGE PLANNING Vision Reality General . Specific Long Range Short Term ROLES City Council Planning Commission • Elected Representatives • Advisory Body to City Council • Decision Making Body • Educate City Council and Public on Planning and ▪ Policy Setting Body Development Matters Assist in Decision Making Role COMPREHENSIVE PLANNING • Guide for physical development of the community. • Represents community' s vision for the next 20 -30 years. ▪ Central guiding document for municipal spending. Cap,fi �'ot�`tr—Z� `' Operating and Capital Budgets. m Documented in written and graphic format. m Provides guidance for the development of the annual strategic planning process. STRATEGIC PLANNING ▪ Annual process by the City Council which sets short range goals and objectives. • Strategic plan used to guide City Staff in developing their work programs. POWERS AND FUNCTIONS OF A PLANNING COMMISSION Source: Local and Regional Planning in Minnesota Gunnar C. Isberg, League of Minnesota Municipalities and the Metropolitan Council. ""B. POWERS OF A PLANNING COMMISSION Under Minnesota state enabling legislation, a local planning commission is advisory in nature; that is, advisory to the county board, city council or town board. The major exception to this is that counties may, if they so choose, designate the planning commission as the final authority on conditional use permits, and some counties have elected to do so. Thus, the planning commission cannot make binding decisions for the county, city, or township - it can only recommend that certain actions be taken by the elected officials. C. FUNCTIONS OF A PLANNING COMMISSION The major function of a planning commission is to assist the local officials in developing, reviewing and analyzing planning programs and development proposals. The time demands on local officials from a variety of matters related to community affairs is usually so heavy that the officials have little time to devote to planning and development matters. Thus, the planning commission can usually provide a more careful review of planning programs and development proposals and give valuable advice to the local officials. A second major function of the planning commission is to educate the local officials on planning and development matters. This is a valuable, but often overlooked, function of a planning commission. A planning commissioner who takes his responsibility seriously often learns much about planning and development concepts and standards in his frequent contacts with developers and technical planning and engineering staffs. This information can and should be passed on to local officials at regular meetings established between the local officials and the planning commissioners or through written communications in formally reviewing planning programs and development proposals. Since the chief duty of a planning commission is to assist the elected local officials in the decision-making process, the planning process must be relevant both to day-to-day issues as well as the long-range issues, and a proper balance must be established between the two. The long-range policies are needed to establish the framework for the day-to-day decisions to bring about a properly coordinated approach to planning and development. On the other hand, the planning commission must also be prepared to assist the local officials in the short-range, day-to-day issues in a practical manner. " PC/CC Joint Workshop Thursday, July 19, 1990 Agenda Item a. 2 Current Planning/Variance and Conditional Use Permit The Shakopee City Code has established criteria for both variances and Conditional Use Permits. These criteria are used by the Planning Commission and the City Council (in the event of an appeal) in the review of each case. The need to educate applicants as well as the general public of these criteria is an ongoing challenge to the Planning Commission, the City Council and staff. Variances - Section 11. 04 , Subd. 5 A. Criteria for Granting Variances. A variance to the provisions of the Zoning Chapter may be issued to provide relief to the landowner in those zones where the Chapter imposes undue hardships or practical difficulties to the property owner in the use of this land. No use variances may be issued. A variance may be granted only in the event that the following circumstances exits: 1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of this Chapter have had no control . 2 . The literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter. 3 . That the special conditions of circumstances do not result from the actions of the applicant. 4 . That granting of the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. 5 . The variance requested is the minimum variance which would alleviate the hardship. 6 . The variance would not be materially detrimental to the purposes of this Chapter, or to property in the same zone. Conditional Use Permit - Section 11. 04 Subd. 6 A. Criteria for Granting Use Permits. In granting a conditional use permit, the Planning commission shall consider the effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding lands. Among other things, the Planning Commission shall make the following finds where applicable: 1. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, not substantially diminish and impair property values within the immediate vicinity. 2 . That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. 3 . That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided. 4 . That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. 5. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. 6 . The use, in the opinion of the Council, is reasonably related to the overall needs of the City and to the existing land use. 7 . The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. 8 . The use is not in conflict with the Comprehensive Plan of the City. 9 . The use will not cause traffic hazard or congestion. 10. Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare or general unsightliness. 11. The developer shall submit a time schedule for completion of the project. 12 . The developer shall provide proof of ownership of the property to the Administrator. PC/CC Joint Workshop • Thursday, July 19 , 1990 Agenda Item b. Small-City Downtown Development Midwest APA Conference: Milwaukee, Wisconsin September 18, 1987 Welcome-and Introduction of Participants - Bill Weber, BRW, Inc. , Minneapolis, Moderator - (612) 320-0700 - Odtline of two comprehensive revitalization approaches - Bill Ganek, Crystal Lake, Illinois - Project: Downtown tax increment financing program - (815) 459-2020 - Randy Irwin, Oscaloosa, Iowa - Project: 175,000-square foot mall - (515) 673-8361 - Tom Cortuvo, Duluth, Minnesota - Projects: Storefront Revitalization Assistance Streetscape Design - (218) 723-3328 / //-� CCo��,' �,,;� Cc ri'+Fr kt c1 5( !i�h izio,CJ"` Two Comprehensive Approaches C11-- +6 ,� es�ewiz K� ��� Svk cccss National Main Street Center of the National Trust for Historic Preservation National Development Council National Main Street Center Approach National Main Street Center National Trust for Historic Preservation 1785 Massachusetts Avenue, NW Washington, D.C. 20036 • Organization - Project Manager: Organizer, educator, promoter, information source - The Shopping Mall : The model of contemporary merchandising success; to be emulated but not copied. - Parking: Make the most of existing spaces through effective pricing. • Design - Storefront Rehabilitation: Although only one element of downtown revitaliza- tion, it can be the most prominent and often the first accomplished. Important in demonstrating progress. Restores physical charm and sense of importance to downtown. - Levels of Rehabilitation: Restoration: reproduction to original appearance Major rehabilitation: re-creation of period appearance Conservative rehabilitation: simple and inexpensive - Signs: Must communicate without detracting from the desired downtown design effect. Appropriate sign changes can give fresh look and project a record of accomplishment. - Awnings: Identify individual stores, protect the costumers from heat, rain, and snow, and recall the time period of the older buildings. - Building Maintenance: Critical to the program because appearance forms the public overall impression of the CBD. - Public Improvements: Not synonymous with downtown revitalization. Must be careful w ich jmprovemepts to mak and how to pay for them. gcc�ss P<tir �. ; Covi✓ent-CK • Downtown Promotion Must call community attention to downtown features: buildings improvements, better merchandise, personal service, pedestrian amenities, etc. Must over- come past negative traits and project a self-concept that says downtown is an exciting, dynamic place. Organization is critical to this task. - Image Promotion: Increase consumers ' awareness of the downtown as a distinct, identifiable area for shopping and business. - Joint Merchandising: Boost individual business sales as a result of cooperative effort. - Special Events: Provide entertainment with community-wide impact and excitement so as to increase the number of people who come downtown. - Tourism: Capitalize on this industry by using ethnic and cultural features, natural area, recreation areas, special attractions (e.g. , races, fairs, home tours) . • Economic Restructuring - Downtown merchants must develop contemporary merchandising techniques to compete effectively against the mall , the mail-order catalogs, other busi- nesses, etc. - Merchandising Elements: Personalized customer service, proper product quality and pricing, promotion, and advertising. Downtown can compete effectively against the mall if it knows its market and offers what the market wants to buy. - Business Recruitment: Search for new retail , office, and service businesses which will help build the downtown mix so it can compete with the malls. - Financing: Many combinations of incentives can be created to fill the gap between what the traditional lenders can provide and what the businessman brings to the table. Expert advice is essential in this regard. - Essential Elements Near the CBD: Good housing, complementary goods and ser- vices, recreation, and industry. National Development Council Approach National Development Council 41 East 42nd Street New York, NY 10017 (212) 682-1106 • Public Improvements - Purposes: Upgrade the physical plan and visually demonstrate the public sector' s commitment to the downtown; Provide the parking and environmental amenities which shopping centers provide initially; Correct functional deficiencies and create a new image for older areas; Compel customers to reevaluate an area which they had long ago decided was old and unappealing. • Private Design Standards - Purpose: Private improvements should be universal to achieve the desired results. Absentee landlords can have a disastrous effect on the rest of the program and ruin participation by merchants otherwise disposed in favor of the program. - ComF'ance Problems: Design sta:.iards can be developed, but some mechanism is needed to enforce the standards. An ordinance is recommended. Voluntary compliance is rarely effective. - Public-Private Partnerships: Some cities have made design standards ordi - nances a condition for providing public improvements. - Political Problems: Broad political support is necessary. Set the design standards with care. • Financing - The Problem: Many small merchants do not have access to the same attractive financing as stores in shopping centers. - City Role: Counter the imbalance by establishing local lending systems which couple conventional bank lending systems with long-term, low- downpayment, attractively-priced financing through Small Business Administration and Department of Housing and Urban Development. - Uses of Financing: Acquisition, rehabilitaiton, facade reconstruction, interior improvements, furniture, fixtures. - Technical Assistance: Business management and financing advice should also be provided by the project manager. - National Development Council Bias: The NDC puts major emphasis on innova- tive business financial assistance from cities. • Management - Emulating the Shopping Center: Advertising, promotions, organization, main- tenance, security, business recruitment, and other common matters are handled by the shopping center management. Downtown must establish a simi- lar mechanism to perform these vital business activities. - Assessments: Voluntary contribution campaigns rarely raise sufficient funds and usually fail after the lead merchants tire of asking others for money. Municipal assessments, preferably on the merchant through a licensing fee which are turned over to a board of representatives, can be an effective way to pay for needed services. Political support, once again, is crucial . PC/CC Joint Workshop Thursday, July 19 , 1990 Agenda Item c. COMPREHENSIVE CODE UPDATE The following is a brief list of issues involved with updating or revising the City Codes. The list is intended to stimulate discussion at the workshop and assist in further identifying other issues. Update/Revision Issues * Need for improved organization - standard format * Need for improved clarity - common sense grammar * Need for improved legibility - letter print type and quality * Need to clarify City department roles and responsibility in terms of administration and enforcement. * Need to update code content to better regulate current and future issues. * Need for additional staff and/or consultants to prepare code amendments. * * * * * V MEMO TO: All Staff FROM: Dennis Kraft, City Administrator SUBJECT: Revisions to the City Codes DATE: April 30, 1990 Following the adoption of the Comprehensive Plan we will begin the process of updating or revising many of the City' s codes as a means to implement the plan. To assist in preparing these revisions we need to record common problems encountered with the City Codes. Many of these problems or need for interpretations come up during the review of projects or proposals for permits and other City approvals. Please use the attached form to record these problems as they arise on an ongoing basis and return to the appropriate department. Xerox additional copies of the form as needed. If you already have a list of suggestions, recommendations, or interpretations please sent to the appropriate department head a copy as soon as possible. Thank you. CODE REVISION FORM Please circle the appropriate code for this suggestion: Administration Building Engineering Planning Administration Building Regulations Utilities Zoning Ord. Definitions Streets/Sidewalks Subdivision Reg. Liquor/Beer Traffic Sign Ord. Business Licensing Parking Service Dist. Public Protection Uncoded Ord. Reserved Section Number Subd. Number Problem: Suggestion: Submitted by e,- PC/CC 1PC/CC Joint Workshop Thursday, July 19, 1990 Agenda Item d. CODE ENFORCEMENT The following is a brief list of issues involved with code enforcement. This list is intended to stimulate discussion at the workshop on ways to improve code enforcement in Shakopee. Code Enforcement Issues * City Code needs to be updated. * Limited staff time to handle enforcement issues. * Lack of an official policy on code enforcement. * Limited legal option available to the City. * Staff turnover. * Equal treatment citywide. * City department responsible for enforcement. * Manual filing and record keeping * * * * * PC/CC Joint Workshop Thursday, July 19 , 1990 Agenda Item e. SITE PLAN REVIEW PROCESS Commissioner Spurrier requeted that discussion be held on the site plan review process and itAs potential application in Shakopee. The site plan review process allows for a more thorough review of overall site design issues involved in complicated projects prior to the building permit review process. Review on the site plan level can help minimize code conflicts in the building permit review process. Typical site plan review issues include on and off site vehicular access, landscaping, screening of parking lots and outdoor storage, building location and design, grading and drainage etc. The site plan review process can take several forms depending on the authority approving site plans. The approval of site plans can be made by the City Council, Planning Commission, City staff or any combination of these groups. 0/ v PC/CC Joint Workshop Thursday, July 19, 1990 Agenda Item f. MEMO TO: Shakopee Planning Commission FROM: Lindberg S. Ekola, City Planner SUBJECT: Boards/Commissions Attendance Policy DATE: July 3 , 1990 INTRODUCTION: The below information is for clarification on the City' s policy on attendance to meetings for members of the various boards and commissions. SECTION B: OPERATIONS: This section pertains to the operations of various advisory boards and commissions of the City of Shakopee. The Shakopee Public Utilities Commission and Shakopee Community Recreation are not advisory and do make their own policy which they deem in the best interest of the community. I. Attendance A. Should a board/commission member be unable to attend a meeting, it shall be his/her responsibility to contact City staff 24 hours in advance of the scheduled meeting date. Failure to do so shall count as an unexcused absence. B. Attendance at the meetings of these advisory bodies is critical to their effectiveness; therefore, one unexcused absence, three consecutive excused absences, or absence at more than 25% of the meetings in a six month period will cause the board/commission chairperson to review the nature of the absences with the member and, pending the outcome of that review, it may be necessary for the chairperson to forward a recommendation to the board/commission as a whole for discussion and recommendation to the City Council that the member of the board/commission be removed for poor attendance. C. Individual boards/commissions may grant extended leaves not to exceed 6 months in length at the request of a board/commission member; provided, however, that the board/commission is comprised of six or more members. During the extended leave the vacated seat shall not apply to the quorum requirements of the board or commission.