Scott County has approached the city to suggest an extension of the services that are offered in the library building to include human services options in partnership with non-profits. This would change the character of the building's use from that which has been traditional "library services" which were part of the city/county agreement executed in 1997 (attached). 

In the course of researching the issue, it appears that a subsequent city/county agreement was not executed to cover the new city owned - county operated - library building. At a minimum, drafting a new agreement is necessary if the relationship is to continue. 

As part of the discussions regarding the use of the building, the county has greatly expanded the agreement's term "library services" to essentially encompass any service the county wishes to offer in the building. 

Staff analysis of the issue includes the following;

1.  There is a legal argument that no agreement currently exists as a new agreement was not executed upon construction of the new building.

2.  The building is the property of the City of Shakopee.

3.  The agreement covering the old building is clear that the county has the use of the building for "library services," however, there is no definition of what that term means in the agreement.

4.  Any use contrary to the agreement must be approved by the Shakopee City Council.

5. The space in question used to be the "Periodicals" section which is rarely used at this point. 

6.  As traditional library services continue to diminish in response to technological advances and personal reading habits/choices, libraries will look to reinvent themselves to remain relevant. 

7.  Regardless of Item #6 above, the city retains the right to use its building as it sees fit. If portions are not longer being used for traditional library services, the city retains the right to use those spaces, or approve a contrary use.

8.  The city is not in the human services delivery business. That is the responsibility of the state and the county as its agent. The city does not tax for human services programs.  

9.  If the organization moving into the space is a non-profit, there is concern regarding the state law prohibition of cities supporting non-profits. A county is free to partner and/or support non-profits. Statutory cities do not have that flexibility. If a non-profit was to be housed, there would have to be some arrangement that would not violate the current prohibitions.   

10. Increased use of the facility due to a change in the character of that use will increase the wear and tear on the building and will necessarily mean more upkeep and expense to city taxpayers.