8.1. SR 09-15-2003MEMORANDUM
Item 8.1.
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Co/1~ c~.
Michele McPhersoY~Director of Planning
September 15, 2003
County Jail Research and Options
Request
At the August 18, 2003 City Council meeting, staff was directed to research the need for public
hearings/meetings regarding the County Jail expansion and to identify various options for the
City Council to consider.
Attachments
· Pages 30:19 and 30:20, Land Development Regulations - Definitions of Government
Buildings and Facilities and Government Offices
· April 16, 2001 City Council Minutes
· March 22, 2001 Letter from County Administrator Brian Bensen
· Ordinance 01-05 Establishing Definitions - Government Buildings and Facilities and
Government Offices
· June 18, 2001 City Council Minutes
· Ordinance 01-10 Establishing Government Buildings and Facilities as a Conditional Use
in the BP, Business Park District
· Permitted, Accessory, and Conditional Uses in the R1, Residential District
· Permitted, Accessory, and Conditional Uses in the BP, Business Park District
· Minnesota Statutory Definition of Correctional Facility
· Proposed Definition Changes, Government Buildings and Facilities, Government
Offices
· Ordinance No. 03 - , Establishing a Moratorium on Jail Construction
Memo to the Mayor and City Council
CountyJail
September 15, 2003
Page 2
History
In 2001, the City processed two ordinance amendments:
Changing the definition of government buildings and facilities and government
offices, and
Making government buildings and facilities a Conditional Use in the Business Park
District.
Both were in response to the 2000 jail expansion and variance request to allow screening
adjacent to the residential district at less than 80% opacity.
The original definitions proposed by staff and adopted by Ordinance No. 01-05 separated
county offices (governmental offices) from courthouse and jails (governmental bt~dings). The
County Administrator's letter indicates that due to the design of the County facility, it is too
difficult to distinguish where one function starts and the other ends. Betsy Wergin, County
Commissioner, testified to the same at the City Council meeting of April 16, 2001. The motion
to approve the ordinance amendment regarding the definitions included permission for the City
Attorney to draft language to address this issue.
The definitions as adopted in Chapter 30, Land Development Regulations define Governmental
Offices:
"...Usesintended are generally compatible with office and residential uses and
include city offices, county offices, courthouses, jails operated on the same site
and as part of a city or county courthouse..."
The file is not clear nor does the City Attorney have any notes on how this definition changed
from what was originally approved. We believe that this change was incorporated in the
recodification of the City Code in response to the Council's direction on April 16, 2001.
The code also defines a jail as:
"a secure adult detention facility use to confine sentenced prisoners for a time
not to exceed one full year per conviction, adult pre-trial and presentenced
detainees indefinitely, and juveniles up to limits prescribed by the State."
There is no definition of correctional facility in the code.
Issues to Consider
It is clear that the use of this particular jail facility is beyond what is typically found associated
with City or County jail facilities. How to regulate this use when it is integrated with other
county functions is a difficult quandary. Some of the issues include:
The functions of the building are intermingled: courthouse, county offices, jail,
sheriff's office, gun range and officer training facility.
S:\PLANNING\Case Files\2003\9 15 03 CC memo re Jail.doc
Memo to the Mayor and City Council
County Jail
September 15, 2003
Page 3
2. The jail houses County and Federal prisoners.
3. Is it reasonable to require a conditional use permit if the offices were expanded,
when it is the jail portion that the City is concerned about.
Staff is currently researching a Public Facilities District. This may not resolve the desire to
require public hearings due to the above issues. A Public Facilities District would include all
public uses: city offices, public works garages, waste water treatment plants, wells, water
treatment facilities, county offices, courthouse, etc. A determination will need to be made
regarding the impacts of these uses on adjacent use and districts.
In order to address the current issue with the proposed jail expansion, the Council should
address the following issues:
Is it the City Council's intent that jail expansions such as that proposed require a
conditional use permit? If not, the jail can proceed under current staff interpretation of
the code. If so, the Council should consider No 2 below.
Is the jail as proposed a correctional facility, and not a jail "operated on the same site and
as part of a City or County courthouse"? If so, a conditional use permit is required for
the jail under current City Code requirements. If not the jail can proceed unless the
Council amends the ordinance.
Should the zoning ordinance definitions be further amended to require a conditional use
permit for any jail facility or expansion? A proposed ordinance amendment to do this is
attached.
Does the City Council want to be sure that the proposed jail expansion require a
conditional use permit? If so, the safest course of action would be to adopt a
moratorium on jail facilities can be acted on. A proposed moratorium resolution is
attached.
Recommendation
Staff requests that the City Council consider the facts and the issues/options outlined above and
provide staff with direction regarding this issue.
S:KPLANNING\Case Files\2003\9 15 03 CC memo re Jail.doc
LAND DEVELOPMENT REGULATIONS § 30-1
Fire chief means the fire chief for the city, or his
designated agents.
Flashing sign means a sign which contain~
intermittent or sequential flashing light s
used primarily to attract attention,
changeable copy signs.
Flood means a temporary increase in
or stage of a stream or in the stage of a
lake that results in the inundation
dry areas.
flow
or
Flood frequency means the fre(
it is expected that a specific flood
charge may be equaled or
y for which
or dis-
Flood fringe means that portior ~lain
outside of the floodway. The fringe" is
synonymous with the term fringe" used
in the flood insurance study the city.
Floodplain means the
areas adjoining a wetland
which have been or
the regional flood.
proper and the
ake or watercourse
may be covered by
Floodproofing means
tural provisions, chan
erties and structures
rily for the
damages.
combination of struc-
or adjustments to prop-
ect to flooding, prima-
or elimination of flood
Floodway mean~
and the channel
tions
ably required tc
discharge.
the bed of a wetland or lake
a watercourse and those por-
floodplain which are reason-
or store the regional flood
Floor area
tal area
the
tached acc
the sum of the gross horizon-
floors of a building measured from
~alls, including basements and at-
buildings.
Floor
obtaine¢
by the
is
ratio (FAR) is the numerical value
dividing the floor area of a building
size of the lot on which such building
means the cultivation and man-
agement of ornamental and flowering plants for
sale on-site from a wayside stand.
Freestanding sign means a sign supported
the ground by poles or braces and not attach
any building.
Frontage means the longest length of
erty line of any one premises along
road on which it fronts.
Frontage, building, means the
outside building wall facing the
which it fronts.
Garage, private, means an
for storage of self-propelled
equipment maintained as
ing use of the premises.
Garage, public,
those defined as a
storage or care of
any such vehicles
repair or are kept
Gasfitter me~
business
or extending
oil burners
items or c,
dire
prop-
or
of an
at or road on
building
and tools and
to a conform-
any premises except
garage used for the
)elled vehicles or where
equipped for operation or
remuneration, hire, or sale.
any person engaged in the
altering, repairing, testing,
fuel tanks, power plants, gas or
or oil piping or gas appliance
sign means any temporary or per-
erected and maintained by the city,
state or federal government for traffic
for identification of or direction to any
hospital, historical site, or public service,
property, or facility.
,~ Governmental buildings and facilities means
any building, structure, or facility for the purpose
of a facility serving certain governmental func-
tions. These uses are intended to include uses
that are supportive of governmental functions
such as public works facilities, correctional facil-
ities, and waste handling or processing facilities.
These uses are intended to be distinguished from
governmental offices and essential services.
~4 ~ Governmental offices means any facility, build-
ing, and structure for the purpose of providing
governmental services to the general public. Uses
intended are generally compatible with office and
residential uses and include city offices, county
offices, courthouses, jails operated on the same
site anc~ as part of a city or county courthouse,
libraries, and post offices. These uses are in-
CD30:19
§ 30-1 ELK RIVER CODE
tended for the direct provision of governmental
services to the public as distinguished from gov-
ernmental buildings and facilities. , _[_
Gross acres means the total area of a parcel of
land including wetlands, hydric soils, steep slopes,
internal streets, and dedicated easements.
Ground cover means plants which are used for
accents and/or soil stabilization and are typically
24 inches or less in height.
Group home resident means a person residing
in a group home for the purpose of receiving
rehabilitation, treatment, or special care.
Group home, residential, means a building or
structure where persons reside for purposes of
rehabilitation, treatment, or special care. Such
persons may be orphaned, suffer chemical or
emotional impairment, or suffer social maladjust-
ment or dependency.
Habitable building means any building or part
thereof that meets minimum standards for use as
a home or place of abode by one or more persons.
Hardship, as used in conjunction with the
granting of a variance under article VI,
13, of this chapter, means the property in
tion cannot be put to a reasonable use
conditions allowed by article VI, division of
this chapter. Economic considerations shall
not constitute a hardship if any reasom for
the property exists under the terms article VI,
division 13, of this chapter.
Heating, ventilation, and in-
cludes installing, altering all heat-
ing, ventilation, and air Lg appliance
items, connections and no matter
what the fuel source.
Height (of a the vertical distance
measured point of the sign to the
grade of the street or to the surface
grade sign, whichever is the greater
distance.
Heritage preservation site means any area,
place, building, landmark, structure, lands, dis-
tricts, or other object that has been zoned as a
heritage preservation site overlay zoning district
pursuant to sections 30-575 and 30-1836.
Home occupation means any gainful occupa-
tion or profession customarily conducted entirely
within a dwelling principally by members of a
family residing therein, which use is clearly inci-
dental and secondary to the use of the dwelling
for residential purposes and does not change the
character thereofi There are two types of home
occupations: permitted home lations, which
are processed
set of criteria, and
which do not meet
permitted home occup~
hearing pursuant to
dards for a
'a certain
home occupations,
e criteria for a
and require a public
procedures and stan-
use permit.
Horticultural means the use of land for the
growing or for income of fruits, vege-
tables, nursery stock, including plants
and trees cultured sod.
means the cultivation and man-
of trees, plants, grasses, vegetables and
for sale on-site from a wayside stand.
Hot water means hot water supplied to plumb-
ing £~xtures at a temperature of not less than 110
degrees Fahrenheit.
Hotel means any building or portion thereof
where lodging is offered to transient guests for
compensation and in which there are more than
five sleeping rooms with no cooking facilities in
individual dwelling units.
Identification sign means a sign whose copy is
limited to the name and address of a building,
institution, or person and/or to the activity or
occupation being identified.
Illegal sign means a sign which has not re-
ceived a permit to be installed or does not meet
the requirements of this Code and which has not
received legal nonconforming status.
Illuminated sign means a sign with an artifi-
cial light source incorporated internally or exter-
nally for the purpose of making the sign message
visible at night.
Incidental sign means a small sign, emblem, or
decal informing the public of facilities or services
available on the premises.
CD30:20
City Council Minutes Page 8
April 16, 2001
14. THE HOMEOWNERS DOCUMENTS SHALL~D TO
INCLUDE WINDSOR PARK SEC~TION.
_C0 ~Lg~T~UESTER SECONDED THE MOTION. THE
,,..,..,.~FI1DN CARRIED 5-0.
6.3.
Request by City of Elk River to Amend Section 900.08 and 900.10.5. -
Government Office and Facilities - Case No. OA 01-03
Director of Planning Michele McPherson reviewed the staff report. Ms.
McPherson stated that she was directed by the Planning Commission to review
section 900.08 and 900.10.5 of the city ordinance and is requesting Council to
make an amendment to the ordinance which changes the definition of
government buildings and facilities, and government offices, and to amend the
residential requirements to allow government offices as a permitted use but the
courthouse and jail uses would require a conditional use permit.
Mayor Klinzing opened the public hearing.
Betsy Wergin, Sherburne County Commissioner - Stated that the County
Board feels that the term "courthouse" would be too difficult to distinguish
from "county offices." She stated that she was concerned about whether
courtrooms and support staff would be classified as courthouse or county
offices.
Joni Lawrence, 18198 Ogden Street - Stated that she didn't mind if county
offices were part of the definition but she did not want to see the jail allowed.
Nicole, 18222 Ogden Street - Stated that she didn't want correctional facilities
to be an allowed use but she was OK with offices.
Mayor Klinzing closed the public hearing.
Councilmember Dietz stated that this is a good site for expansion of the county
offices and he would like the county to have the opportunity to come back and
request a conditional use permit if they wanted to expand the correctional
facilities in the future.
Councilmembers concurred that there would be no problem with government
offices being built in the residential district but they would have a problem
with the possibility of any future jail expansion without the requirement of a
conditional use permit and public hearings.
COUNCILMEMBER MOTIN MOVED TO APPROVE ORDINANCE
01-05 AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 900.08 AND SECTION 900.10.5 OF THE CITY CODE OF
City Council Minutes Page 9
April 16, 2001
ORDINANCES SUBJECT TO THE CITY ATTORNEY PROPOSING
THE DEFINITION OF COURTHOUSE. COUNCILMEMBER DIETZ
SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor
Klinzing opposed.
The city attorney noted that with this change in definitions, the county jail and
courthouse is nonconforming in the Business Park zone. The Council directed
staff to come back with the appropriate ordinance change to put the county
back into compliance with city ordinance
6.4.
Request by Hoyt Partners for Land Use Plan Amendment (MR to }lic
Hearing - Case No. LU 01-01
Request by Hoyt Partners for Zone Change (Rla to Hearin Case
No. ZC 01-01 ·
Director of Planning Michele McPherson submitted and
report. Ms. McPherson stated that Hoyt Partners, L.L.P., is
Outlot F of the Elk Path Business Center be rezoned from
Residential to BP, Business Park.
staff
sting that
Single Family
Mayor Klinzing stated that in the past the city felt
residential and she felt that it should remain
to the neighborhoods in the area.
should remain
al today due to the impact
Mayor Klinzing opened the public hearing.
Joni Lawrence, 18198 Ogden Street
rezoned.
she didn't want the property
Nicole, 18222 Ogden Street -
change and the neighbors
that she doesn't want to see a zone
willing to work with the county.
Mayor Klinzing closed
hearing.
COUiX
HOYT
COMPREH]
(MEDIUM
COLYNC]
MOTI~
MOTIN MOVED TO DENY THE REQUEST BY
FOR A RESOLUTION AMENDING THE
;IVE PLAN TO CHANGE THE LAND USE FROM MR
RESIDENTIAL) TO L1 (LIGHT INDUSTRIAL).
KUESTER SECONDED THE MOTION. THE
CARRIED 5-0.
MOTIN MOVED TO DENY THE REQUEST BY
)YT PARTNERS FOR AN ORDINANCE AMENDMENT OF THE
CITY OF ELK RIVER ZONING MAP TO REZONE OUTLOT F, ELK
Sherburne County
ADMINISTRATOR
BRIAN BENSEN
March 22, 2001
Michele McPherson, Director of Plannin.o
City of Elk River
P.O. Box 490
Elk River, MN 55330
13880 Highway 10
Elk River, MN 55330-4601
(763) 241-2701 ~ 1-800-433-5229
website: www. co. sherburne.mn.us
emaih admin @ co. snerburne, mn. us
Re: Case No. OA 01-03
Request to Amend Section 900.08 and 900. t0.5 -
Government Office and Facilities
Ms. McPherson:
Thank you for meeting with our County Board to explain and discuss the proposals and
definitions. That was very helpful, and I appreciate your time.
I believe I understand the intent of the City Planning Commission is to allow most
County (governmental) functions to be Permitted Uses in the Residential District. The
exceptions, uses that could potentially create a larger impact on neighboring residences,
would be listed as Conditional Uses in the Residential District. These Conditional Uses
would include jails, public works facilities and waste handling facilities. The proposed
ordinance changes would clarify the definitions and, I believe, would answer concerns of
our neighbors.
After discussion with the County Board. I am forwarding one request for your
consideration. If the Planning Commission and City Council feel the change in
definitions and the change in what is a permitted vs. a conditional use is a reasonable
solution, one change from the proposed language is necessary. The proposal put
"courthouses" in one del'tuition while differentiating "county offices" in another. We
would have great difficulty deciding where a courthouse ends and a county office
building begins. Does the office of the County Attorney go in the courthouse or office
building? Does it matter when using impact on the neighborhood as a standard? I think
not, and request that "courthouse'" remain in the definition of Governmental Offices, and
thus would be permitted in the district.
An Equal Opportunity Employer
Michele McPherson
Page 2
Please forward this request to the Planning Commission and City Council on our behal£
I will not be able to attend the Planning Commission meeting in March but will be
available for the City Council on April 16th.
Thank you again for your efforts toward a reasonable solution.
~nsen
County Administrator
CC: Betsy Wergin, Sherburne County Board Chair
Pat Klaers, Elk River City Administrator
Tim Brausen, Assistant County Attorney
ORDINANCE 01- _0_5_
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 900.08 AND SECTION 900.10.5. OF THE CITY CODE OF
ORDINANCES
CASE NO. OA 01-03
The City Council of the City of Elk River does hereby ordain as follows:
..Section 1. Section 900.08 titled, DEFINITIONS, of the City of Elk River
Code of Ordinances shall be amended to read as follows:
GOVERNMENTAL BUILDINGS AND FACILITIES: Any building,
structure, or facility for the purpose of a facility
.serving certain governmental functions. These uses are
intended to include uses that are supportive of
governmental functions such as public works facilities,
jails, courthouses, and waste handling or processing
facilities. These uses are intended to be distinguished
from "governmental offices" and "essential services."
GOVERNMENTAL OFFICES: Any facility, building, and structure
for the purpose of providing governmental services to the
general public. Uses intended are generally compatible
with office and residential uses and include city offices,
~ounty offices, libraries, and post offices. These uses
are intended f~r the direct provision of governmental
services to the public as distinguished from governmental
buildings and facilities.
Section 2. Section 900.12.5 titled, PERMITTED, ACCESSORY, AND
CONDITIONAL USES BY DISTRICT - R-1 - Single Family Residential, A. -
Permitted Uses, of the City of Elk River Code of Ordinances shall be amended to add
the following:
viii. Governmental Offices
Section 3. That this ordinance shall take effect upon publication as
provided by law.
Passed and adopted by the City Council of the City of Elk River this 16th day of
April, 2001.
Sandra A. Peine, City Clerk
Steph~nie I{/inzin g ~ i
Mayor
s:\planning\ordinanc\oa0 l_03a.doc
City Council Minutes Page 18
June 18, 2001
Mayor Klinzing opened the public hearing. There being no one to speak to this i
Mayor Klinzing closed the punic hearing.
Mr. Beck discussed the land trust and stated that the city would receive a
from 17Pt Avenue to 165~h Avenue. He stated that Cargill would not be
sewer and water. Mr. Harlicker noted that the exhibits for the fez,
resolution for the land use plan amendment have been revised.
to have
,rdinance and
COUNCILMEMBER TVEITE MOVED TO APPROVE
AMENDING SECTION 900.08, 900.10, AND 900.12
ORDINANCES. COUNCILMEMBER KUESTER
THE MOTION CARRIED 5-0.
01-08
CITY CODE OF
THE MOTION.
COUNCILlVlEMBER TVEITE MOVED
AMENDING THE COMPI
FROM LR (LOW DENSITY
TO A (AGRICULTURAL) AND
BOUNDARY. COUNCILMEMB
THE MOTION CARRIED 5-0
RESOLUTION 01-40
TO CHANGE THE LAND USE
AND LI (LIGHT INDUSTRIAL)
THE URBAN SERVICE
MOTIN SECONDED THE MOTION.
01-09 AMENDING
CERTAIN PROPI
FAMILY RE:
COLIN(
CARRIED 5.
TO APPROVE ORDINANCE
OF ELK RIVER ZONING MAP TO REZONE
FROM I1 (LIGHT INDUSTRIAL) AND R1A (SINGLE
TO AR (AGRICULTURAL RESEARCH).
DIETZ SECONDED THE MOTION. THE MOTION
6.16.
USE
TVEITE MOVED TO APPROVE A CONDITIONAL
FOR AN AGRICULTURAL RESEARCH FACILITY.
KUESTER SECONDED THE MOTION. THE MOTION
5-0.
Request by City of Elk River for Ordinance Amendment Regarding Government
Buildings and Facilities, Public Hearing - Caie No. OA 01-06
Director of Planning Michele McPherson submitted the staff report. Ms. McPherson
stated that when the definition of government offices was changed, Sherbume County
Government Center became a nonconforming use in the Business Park District. She
stated that in order to remedy al'tis issue, government buildings should be included in
the Business Park District as a conditional use. Ms. McPherson further stated that staff
would be looking at creating a new Public Facilities District for government buildings
and'schools.
Mayor Klinzing opened the public hearing. There being no one to speak to this issue,
Mayor Klinzing closed the public hearing.
COUNCILMEMBER DIETZ MOVED TO APPROVE ORDINANCE 01-10
AMENDING SECTION 900.12 OF THE CITY CODE OF ORDINANCES.
City Council Minutes Page 19
June 18, 2001
COUNCII_xMEMBER KUESTER SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
7. Other Business
Mayor Klinzing and Councilmember Kuester stated that they received complaint c
regarding signs (garage sale and reality) in the public right of way and attached
utility poles. Councilmember Motin stated that he believed staff was directed
the people who put the signs up and have them take their signs down.
Dietz suggested that CSO employees and/or summer workers at the
Department go around once a week to remove the signs.
Council directed staff to do what they could to remove signs.
Mayor Klinzing stated that she reserved a booth at the
if anyone wanted to use it.
Festival and she asked
City Attorney Peter Beck stated that the le
majority vote is not longer needed for some
to complete more research on this issue b
ordinance to be consistent with state
>assed a law that stated a super-
issues. He stated that he needed
city will need to modify their
Councilmember Motin stated
signed into law the city's
legislature has approved and the Governor
additional on-sale liquor licenses.
Staff Updates
There were no st, ~dates.
no further business, Mayor Klinzing adjourned the meeting of the Elk
Council at 8:55 p.m.
Recording Secretary
Tina Allard
ORDINANCE 01 - 10
CITY OF ELI( RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 900.12 OF THE CITY CODE OF ORDINANCES
Case No. OA 01-06
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.12.11.C(i.) titled, B-P, Business Park District-
Conditional Uses, of the City of Elk River Code of Ordinances shall be amended add the
following:
f. Government buildings and facilities.
Section 2. That this ordinance shall take effect upon publication as provided by
Passed and adopted by the City Council of the City of Elk River this 18th day of
June, 2001.
Stephanie ~iinzing
Mayor
City Clerk
S:\PLANNING\ORDINANC\OA01-06.DOC
§ 30-991 ELK RIVER CODE
(3)
(4)
(5)
R-lb district. This district is intended
provide land for attractive and e
low density single-family residential .e-
velopment, and to primarily
tached low density single-family
rial developments and low density ]
unit development. Subdivisions
on-site sewage disposal pri-
vate water wells cannot exceed single-
family residence per gross Construc-
tion of on-site sewage dis ;al
shall not be permitted on lots.
Streets and other ' may be
temporary in nature as by the
city council.
R-lc district. This
provide sir
with full
ers, storm sewers,
areas that are a
residential dev,
infilling of
areas.
R-ld
provide
with
lng type
public
pal wE
w(
ict is intended to
in areas
)ublic sanitary sew-
municipal water in
~n of existing
patterns and the
lots in established
district is intended to
residential districts
lots and higher quality hous-
in areas with full municipal
storm sewers, and munici-
in areas that possess significant
features, including vegetation,
and topographic features. This
is intended to encourage the de-
of subdivisions that protect natural
atures while providing high quality hous-
.g sites.
(b) Permitted uses. Permitted uses in the R-1
districts are as follows:
(1) Single-family dwellings per section 30-
799.
(2) Licensed day care facilities for 12 or fewer
children.
(3) Model homes in compliance with section
30-800.
(4) Agricultural uses in the R-la district (more
than five-acre lot size).
(5) Public parks, playgrounds and open space.
(6) Permitted home occupations.
(7) Truck tractor and/or trailer parking
(nonplatted parcels five acres in size or
greater within the R-la district).
(8) State-licensed residential facilities or hous-
ing with services establishments regis-
tered under Minn. Stats. ch. 144D serving
six or fewer persons, licensed day care
facilities serving 12 or fewer persons and
group family day care facilities licensed
under Minnesota Rules, parts 9502.0315
to 9502.0445, to serve 14 or fewer chil-
dren, except that a residential facility
whose primary purpose is to treat juve-
niles who have violated criminal statutes
relating to sex offenses or have been ad-
judicated delinquent on the basis of con-
duct in violation of criminal statutes re-
lating to sex offenses shall not be a
permitted use.
State law reference-Similar provisions, Minn.
Stats. § 462.357, subd. 7.
(9) Open space preservation development plats
within the R-la district (residential clus-
tering).
(10) Towers less than 60 feet in height.
,~ (11) Governmental offices.
(c) Accessory uses. Accessory uses in the R-1
districts are as follows:
(1) Accessory farm structures.
(2) Public shelters and essential services.
(3) Garages and sheds, including metal-
skinned buildings in R-la districts.
(4) Private recreational facilities.
(d) Conditional uses. Conditional uses in the
R-1 districts are as follows:
(1)
(2)
(3)
~(4)
(5)
Conditional home occupations.
Fairground facilities.
Golf courses and country clubs.
Governmental buildings and facilities.
Temporary mobile homes used as a resi-
dence.
(6) Institutional uses.
CD30:118
LAND DEVELOPMENT REGULATIONS § 30-993
(16)
(17)
(18)
(Code
§ 3(900.12(5)(A), (5)(C)),
01-05, § 2, 4-16-2001)
(7) Licensed day care facilities in institu-
tional buildings.
(8) Agricultural uses in the R-la district (less
than five-acre lot size).
(9) Agricultural uses in R-lb, R-lc, and R-ld
districts (five-acre minimum lot size).
(10) Feedlots in the R-la district.
(11) Commercial kennels in the R-la district.
(12) Private kennels in the R-la district.
(13) Truck tractor and/or trailer parking (plat-
ted parcels or parcels less than five acres
in size within the R-la district).
(14) Cooperative gardening in preserved open
space.
(15) Horticulture and floriculture services in
preserved open space.
Private stables in preserved open space.
Wayside stands in preserved open space.
Therapeutic massage and sauna establish-
ments operated as a home occupation.
1982, § 900.12(5); Ord. No. 99-32,
11-15-1999; Ord. No.
Sec. 30-992. R-2a district.
(a) Purpose. The R-2a district is intended
create low density housing areas as a
between single-family housing and higher
residential housing.
the R-2a
(b) Permitted uses. Permitted use,'
district are as follows:
(1) Single-family
(2) Two-family
(3) State-licensed
lng with
tered under
six or
facilities or hous-
establishments regis-
ch. 144D serving
licensed day care
12 or fewer persons and
day care facilities licensed
Minnesota Rules, parts 9502.0315
to serve 14 or fewer chil-
except that a residential facility
whose primary purpose is to treat juve-
niles who have violated criminal statutes
relating to sex offenses or have been ad-
judicated delinquent on the basis of
duct in violation of criminal re-
lating to sex offenses shall not .~ a
permitted use.
State law reference,Similar ' ' Minn.
Stats. § 462.357, subd. 7.
(4) Model homes in compliance ;ection
30-800.
(5) Public parks, playgrounds and space.
(6) Permitted home in single-
family dwellings.
(c) Accessory uses Accessory use the R-2a
district are as follows:
(1) Public shelters and
(2) Garages and sheds.
(3) Private recreational
(d) Conditional uses.
R-2a district are as follows:
(1) Conditional home
family dwellings.
(2) Metal-skinned
(3) Institutional
(4) Governmental
(5) Licensed day
more
Zero lot line
(6)
(7)
Minn.
Stats. § 46',
al services.
uses in the
:upations in single-
(Code 1982, § 9(
and facilities.
~re facilities with 13 or
institutional buildings.
evelopment.
home parks as defined in
§ 327.14, subd. 3.
reference---Similar provisions, Minn.
lb.
Sec. 30-993.
(a) PuT
(1)
(2)
district.
The R-2b district is intended to:
Cre~ low density multiple dwelling ar-
eas a broad range of housing types;
;erve and enhance transitional resi-
areas between lower and higher
densities in areas served by public utili-
ties; and
CD30:119
§ 30-1293 ELK RIVER CODE
(19) Ministorage.
(20) All uses allowed as a
the I-1 zone.
(e) Architectural
section 30-938 exc,
taining to
30-938(3)
to
§ 900.12(15))
in
provisions of
30-938(2) per-
finish and subsection
to roofing standards applies
Sec. 30-1294. BP business park district.
(a) Purpose.
(1) The business park district is established
to encourage a plarmed, integrated envi-
ronment for certain industrial, office, and
commercial uses which are compatible
with and complement each other as well
as the surrounding land uses. The under-
lying land use designation within the dis-
trict may vary and may be either light
industrial or highway business. Develop-
ment within the business park district
will correspond with the land use desig-
nation. Industrial and office uses are al-
lowed where the land use designation is
light industrial, and commercial uses are
allowed where the land use designation is
highway business.
(2) It is the intent of this section that devel-
opment reflect common themes using com-
patible architectural design and consis-
tency in signage, landscaping, and lighting.
It is also the intent to encourage busi-
nesses which generate a high number of
jobs per square foot rather than predom-
inantly warehouse type uses.
(b) Permitted uses. Permitted uses in the BP
district are as follows:
(1) Permitted uses allowed when the under-
lying land use is light industrial are as
follows:
a. Light manufacturing.
b. Research and development laborato-
ries.
~'c. Government, business, and profes-
sional offices.
d. Mail order operations.
e. Telecommunication operations.
f. Sherburne County fair.
g. Warehouse space not exceeding 50
percent of the entire building.
h. Showroom space.
i. Repair and maintenance, excluding
auto repair.
(2) Permitted uses allowed when the under-
lying land use is highway business are as
follows:
a. Health athletic clubs.
b. Personal service establishments.
c. Financial institutions.
(c) Accessory uses. Accessory uses in the BP
district are as follows:
(1) Off-street parking lots or facilities.
(2) Private recreational facihties.
(3) Public shelters and essential services.
(4) Retail sales, provided the following condi-
tions are met:
a. The retail sales activity shall not be
located in an administrative office
facility, but shall be located within a
business, the principal use of which
is not commercial sales.
b. The retail sales activity shall not
occupy more than 15 percent of the
gross floor area, or a maximum of
5,000 square feet of the occupied
quarters, whichever is less.
c. The retail sales activity shall be re-
lated and subordinate to the princi-
pal use.
d. No sign identifying or promoting that
retail sales occur within the building
shall be visible from outside the build-
lng.
e. Freestanding retail shops and stores
shall be limited to those which com-
plement other uses within the busi-
CD30:138
LAND DEVELOPMENT REGULATIONS § 30-1294
ness park and provide a service to
those other businesses, and shall not
exceed 20,000 square feet in size.
f. Retail]wholesale sales incidental to
products manufactured, assembled,
or warehoused on the premises may
be permitted as an accessory use
provided no more than ten percent of
the building is used for retail]whole-
sale sales.
(5) Therapeutic massage when offered within
the confines of a medical or chiropractic
(6) Temporary signs as permitted in section
30-851 et seq.
(7) Permanent signs. Not withstanding the
provisions of section 30-850 et seq., the
following requirements shall be met:
a. All freestanding signage shall be of a
monument style sign and have a
maximum size of 64 square feet and
height of eight feet.
b. One on-premise business wall sign
per occupancy, not to exceed two
square feet in sign area for each
linear foot of the building frontage
up to a maximum of 128 square feet
per occupancy is permitted.
(d) Conditional uses. Conditional uses in the
BP district are as follows:
(1) Conditional uses allowed when the under-
lying land use is light industrial are as
follows:
a. Warehouse space exceeding 50 per-
cent of the total building floor area
up to a maximum of 65 percent.
b. Vocational, technical and trade
schools.
c. Loading areas/overhead doors when
located in front yards.
d. Aboveground storage tanks.
,~ e. Government buildings and facilities.
(2)
Conditional uses allowed when the under-
lying land use is highway business are as
follows:
a. Hotels and motels.
b. Licensed day care facilities.
c. Retail shops and stores which com-
plement and serve the business park,
subject to the standards set forth in
subsections (c)(4)e and f of this sec-
tion.
d. Motor vehicle specialty service sta-
tions.
e. Loading areas/overhead doors when
located in front yards.
Class I restaurants.
f.
(e) Additional standards. The following
tional standards apply in the BP district:
(1) Loading spaces and overhead doors.
a. Loading spaces/overhead
be located in designated
and secondarily in desi
yards. Loading
shall not be located in
front yards unless
conditional use.
b. Loading spaces and
shall be designed
with the
tural techniques
shall be
impacts from
roadways.
(2) Dumpsters and
a. All dura
screened
enclosure~,
terial as
b. Refuse,
and
side
(3) Rooftop
signs.
a.
side
as a
doors
compatible
'. Architec-
landscaping
reduce visual
ent properties and
enclosures.
shall be completely
public view by using
~imilar ma-
principal building.
shall include gates
~cated in designated rear or
ground electrical equipment;
~nt shall either be:
Screened from the eye level view
of adjoining properties by use
of exterior walls and/or land-
scaping;
Supp. No. 2 CD30:139
09/09/03 15:12 FAX LC8500 ~004
j i
241.018
DEPARTMENT OF CORRECTIONS
334
Sub& ~. [Repealed, 2001 e 210 s 30]
History: 1998 c 408 s 14; 1999 c 216 art 4 S2; 2001 c 210 S 2
241.018 PER DIEM CALCULATION. '
(a) The commissioner of corrections shall develop a uniform method to calculate
the average department-wide per diem cost of incarcerating offenders at state adult
correctional facilities. In addition to other costs currently factored into the per diem, it
must include an appropriate percentage of capitol costs for all adult correctional
facilities and 65 percent of the department's management services budget:
(b) The commissioner also shall use this method of calculating per diem costs for
offenders in each state adult correctional facility.":When calculating the per diem cost of
incarcerating offenders at a particular facility¢ tlie cOmmissiOner' shall include an
appropriate percentage of capital costs for the :facility: and aia 'appr0priate 'prorated
amount, given the facility's population, of 65 percent of the depm*tment's management
services budget..: '.' .,. ..
(c) The commissioner'shall ensure that these new per diem methods are used in all
future annual performance reports to the legislature and, are, also reflected: in: the
department's biennial budget document. :..~ .: ...~
I'Ii~tory: 2000 ~ 488 art 7 s 1; 2001 c 2'10 s 3 r
241.02 TRANSFER OF POWERS AND DUTIES. c
Subdivision 1. State prisons and reformatories. All the powers and duties now
vested in or imposed upon the C°mmissioner of. human services relating to the
administration, management, and operation of the state prison, the state reformatory a'
for men, and the Minnesota correctional institution for women are hereby transferred
to, vested in, and imposed .upon the commissioner of corrections. All the p°Wers, and
duties now vested in the commissioner of human services in relation to such institutions cc
are hereby abolished. ' cc
Subd. 2. Prisons, jails and lockups. All ..the powers and duties now vested in, or fo
imposed upon the commissioner of humfin services relating to prisons, jallsl and
lookups, as contained in sections 256.02, .641.21, 641.22, 641.25, 641.26, 642.01, 642.02, ex
642.09, 642.10, and 642.11 ardhereby transferred to, vested in, and imposed upon. the 2,
dommissioner of corrections. All the powers 'and duties now vested ~n the.commissioner co
of human services in relation to such prisons, jails, and loc&ups, are hereby 'abolished. thc
History: 1959 c 263 s 2; 1967 c 398 s 4; 1984 c 654 art 5 s 58 bo.
ret
Li(~ENSIN~ OF. INSTITUTIONS '. : : an.,
der
241'(~21"LICENsING AND' UPERVISION OF INSTITUTIONS AND FACILiTiES.. sim
Subdivision 1. 8up'ervisio'novereorrectionalinstitutions. (a) ExcePt as provided in doe
paragraph (b), the commissioner of cor~efitions shall inspect and license all correctional 'sub
facilities throughout the state, whether public or private, established and operated for lice
the detention and confinement ~of persons..detained .or confined therein, according to its.,
law. except to the exte,nt that they:a[e~inspected'or liCensed by other state regulating ~tow
~i~ri'CieS~ The c0hamiss~oiie~'~h~l[.P~c~fiiulga~e ~pursUant to Chaplt~ 14, rules establishing ~er
m~ni~uiia standards for' the.~e'~a~iti6~'~'"'~'fh reSp~t to thbir 'iffan,a..~bment, operation, :.writ
physical condition, and the security, safety, health, treatmenk, and'~iigciPline of pe/kons one
"detained of eonfin6d therein: Co~menein'g' September I, 1980, :nO iildividual, corpora-
tion, partnership,' voluntary association, or other private organization legally rdsponsible ~rot
:fo~the~'operation.of:.a:correctional.facilitylmay Opel'ate the facility unless licansed by 'pers,
,the commissioner:rof:.eorrections:..Pfivate;adult.~eorrectional facilities shall have,,the
authority of section 624.71.4, subdivision 13, 'if the:deparmaent '.of 'corrections licenses adju{
the: facility.:.with such. authority 'and the faeility ;meets reqUikemehts..of Section 24:t.52.
'The. commissioner shall review the. oorfectional, facilities' described in .this.subdivision a,t 'sion.
least once every' bi~nniUm~,ex~epi .as:oth~r~//rse:provided h~i:ei~, to 'determine:, c0mpli- : .245A
09/09/03 15:12 FAX LC8500 ~005
DEPARTM'~NT OF COLONS 241.021
hod to Calculate
rs at state'adult
~ the per diem, it
:iult correctional
~et.
:r diem costs for
per diem cost of
~hall include an
opriate prorated
it's management
:Is are used in all
reflected in. the
and duties now
relating to the
.tate reformatory
· ~reby transferred
the powers and
such institutions
ow vested in, or
· isons, jails, and
i, 642.01, 642.02,
~posed upon the
hecommissioner
ereby 'abolished.
FACILITIEs..
;~t as provided in
~ all correctional
md operated for
ein. according to
state regulating
ules .establishing
~ent, opera, t, ion,
ipline of perSons
ividual, corpora-
gaily responsible
.aless 'licensed by
~ shall havecthe
rections lioenses
f Section 243..52.
tis:subdivision,at
,termine co _mpli-
ante' with ~the minimum standards established pursuant to this subdivision. The
commissioner shall grant a license to any facility found to conform to minimum
standards or to any facility which, in the commissioner's judgment, is making satisfacto-
ry progress toward substantial conformity and the interests and well-being of the
,persons detained or confined therein are .protected. The commissioner may grant
' licensure up to two years. The commissioner shall have access to the buildings, grounds,
books, records, staff, and to persons detained or confined in these facilities. The
commissioner may require the officers in charge of these facilities to furnish all
information and statistics the commissioner deems necessary, at a time and place
designated by the commissioner. The commissioner may require that any or all such
information be provided through the department of corrections detention information
system. The education program offered 'in a correctional facility for the detention or
confinement of juvenile offenders must be approved by the commissioner of children,
families, and learning before the commissioner of corrections may grant a license to the
facility.
(b) For juvenile facilities licensed by the commissioner of human services, the
commissioner may inspect and certify programs based on certification standards set
forth in Minnesota Rules: For the purpose of this paragraph, "certification" has the
meaning given it in section 245A.02.
(c)'Any' state agency which regulates, inspects, or licenses certain aspects of
correctional facilities shall, insofar as 'is poss~le, ensure that' thc minimum standards it
requires are substantially the same as those required by other state agencies which
regulate, inspect; or license the same aspects of similar tyPes of correctional facilities,
although at different correctional facilities.
(d) Nothing in this section shall be construed to limit the commissioner of
corrections' authority to promulgate rules establishing standards of eligibility for
counties to receive funds under sections 401.01 to 401.16, or to require counties to
comply with operating standards the commissioner establishes as a condition precedent
for counties to receive that funding.
(e) When the commissioner finds that 'any facility described in paragraph (a),
except foster care facilities for delinquent children and youth as provided in subdivision
2, does not substantially conform to the minimum standards established by the
commissioner and is not making satisfactory progress toward substantial conformance,
the commissioner shall promptly notify the chief executive officer and the governing
hOard of the facility of the deficiencies and order.' that they be remedied within a
reasonable period of time. The commissioner may by written Order restrict the use of
any facility which does not substantially conform to minimum standards to prohibit the
detention of any person therein for more than 72 hours .at one time. When, after due
notice and hearing, thc commissioner finds'that any facility described in this subdivi-
sion, except county jails and lookups as provided in sections 641,26, 642.10, and.642.11,
does not~ conform to minimum standards, or is not making 'satisfactory progress toward
substantial .compliance therewith, the 'commissioner may issue an order revoking the
license of that facility. After revocation of its license, that facility.shall not be used until
its.license is renewed. When the commissioner is satisfied 4hat satisfactory progress
towards substantial compliance with minimum standard' is being made, the commission-
er may, at the request of the appropriate .officials of.the affected facility supported.by a
written scheddle for compliance, grant an, extension:of time for:a~ period not to exceed
one year... ~ ' '"' '"' ,, ""
~- (f)-As used in this subdivision; 'correctional facility .means any facility, including a
group home, having a residential component, the primary purpose, of which is to serve
persons placed .therein. by a court; court'services: department;' parole authority, or other
lcorrectional agency having dispositional power over, pei'sons Charged-With, convicted, or
adjudicated to be guilty or delinquent. '
~"Subd: 2.,Foster care facilities-for delinquent chiidrenand:youth; licenses; supervi-
-sion,. Notwithstanding any.. provisions ~ ,in-sections .256.01~ subdivision .2, clause (2),
245A:03, and 245A.04,. to the-contrary,"'but subject to .the :municipality notification
09/09/03 15:13 FAX LC8500 ~006
241.021 DEPARTMENT OF CORRECTIONS
336
requirements of subdivision 2a, the commissioner of corrections shall review all county,
municipal .or other publicly established and .operated facilities for,the detention,, care
and training of delinquent children and youth at least onde every biennium, and if such
facility conforms to reasonable standards established by :the commissioner or in the
commissioner's judgment is making satisfactory progress toward substantial conformity
therewith, and .the commissioner is .satisfied that .the interests and well-being of
children, and youth received therein are protected,-, the commissioner shall grant a
license to the county, municipality or agency thereof operating such facility. The
commissioner may grant lieensure up to two .years. Each such facility, shall cooperate
with the commissioner to make available, all facts'regarding its operation and services
as the commissioner requires .to determine its. conformance to standards and its
competence to give the services needed and' which it purports to g{ve. Every such
facility as herein described is subject to visitation and supervision by the commissioner
and shall receive from the commissioner consultation as needed to strengthen services
to the children and youth received therein.
Subd. 2a. Notification of affected municipality. The commissioner must not issue a
license without giving 30 calendar days' written notice to any. affected., municipality or
other political subdivision unless the facility has a licensed .capacity. of six or fewer
persons and is occupied by either the Iieensee or the gr0upfoster home parents. The
notification must be given before the first issuance of a license and annually after that
time if annual notifiCation.is requested in writir]g by a0Y affected municipality or other
politi6al SUbdivision. stat6 fund's must ~not be made available to or be spent by an
agency .or' department o/~ state, county, or municipal government ~0r payment to a
foster care facility licensed under subdivision .2 until the provisions of this subdivision
have been compliedwith in full.
Subd. 2b. Licensing pr°hibition for certain ju~eniie faCilities. The commissioner
may not:
(1) issue a license under this section to..operate a:correctional facility for the
detention or confinement of juvenile Offenders if the facility accepts juveniles who
reside outside of Minnesota without an agreement with the entity placing the juvenile
'.at the facility that 'obligates the entity to pay the education~i expenses of the.juvenile;
or
(2) renew a license Under this section to operate a correctional facility for the
detention or confinement of juvenile Offenders if the facility accepts juveniles who
reside outside of Minnesota without an agreement with the entity placing .the juvenile
at the facility that obligates the entity .to pay .the educational expenses of the juvenile.
Subd. 3. Revocation of license. When after due notice and hearing, the commission-
er of corrections .determines that /ny facility described,in .subdiv/sion 2 does not
substantially conform to the reasonable .'standards therein, provided .or is not making
satisfactory progress toward substantial COmpl'iance..therewith, the commissioner may,
'with the consent of the judge of the district .court,. issue an order revoking-the license of
that facility, After revocation of its ticense~ :that facility .shall'. not be ,used for the care
and training of delinquent children, or for their detention until its license is..renewed.
Subd. 4. Health cai-e: The commissioner of corrections' shall, provide professional
health care to persons confined in institutions under the control, of the commissioner of
corrections and pay the 'coS=tS'of .their care"in 1/ospitali and other'medical 'facilities not
'ander the control.' bf.:the!~ eommissi,oner of corrections;.' All., r~imbursements for 'these
health care services shall be deposited in the general .fund. The commis~lOner :of
.corrections is auth0rized,.to:conffaot, with 'or~reimburs/~:,enfities, including health care
management .companies;., to ,provide health, care to ir/mates, at reimbursement,rates
equal ~ to. medical assistanee:.unless i otherwise 'negotiated..With respect to.: these :eon-
tracts, these entities,;shall not :be regulated, as, or.othervirise.considered to.be; health
plan companies as defined in section 62Q.01, subdiv, ision
"Subd., 4a,.~'.'Chemic~l...depend,ency~:treatment ~prOgrams; All.,. residential., chemical
dependency treatraent ,~progt. ams.operated ~by. ~the~ commissioner :gl '.correetions..to .treat
adults eommitted'.to, the.' 'commissioner~s...cUstody shall complY..,With th~ standards
09/09/03 15:14 FAX LC8500 ~007
336
ew all county,
*tention, care
n, and if such
aer or in the
'al conformity
well-being of
shall grant a
facility. The
lull cooperate
t and services
lards and its
:. Every such
commissioner
;then services
tst not issue a
unicipality or
six or fewer
parents. The
ally after that
,ality or other
spent by an
)ayment to a
is subdivision
:ommissioner
cility for the
uveni!es who
; the juvenile
the juyenile;
eility for the
uveniles who
; the juvenile
the juvenile.'
commission-
2 does. not
. not making
issioner may,
he license of
for the care
~' is renewed.
professional
tmissioner of
facilities not
~ts for these
missioner 'of
; health care
;ement ~ rates
~ these, con-
0 be;' health
iai' chemical
ions .to ,treat
~e standards
337
D~PARTIM~NT OF CORRECTIONS 241.021
mandated in Minnesota Rules, parts 9530.4100 to 9530.6500, or successor rule parts,
for treatment programs operated by community-based treatment facilities. When the
commissioners of corrections and human Services agree that these established standards
for community-based programs cannot reasonably apply to correctional facilities,
alternative equivalent standards shall be developed by the commissioners and estab-
lished through an interagency agreement.
Sub& 4b. Peer review committee. The commissioner of corrections shall establish a
health care peer review committee. Sections 145.61 to 145.67 apply to the committee.
The committee shall gather, review, and evaluate information relating to the on-site
and off-site quality of care and treatment of offenders. The committee shall consist of:
(1) the director of health services;
(2) the department medical director;
.: (3) the regional medical director of the contracted health care vendor;
(4) the department director of nursing;
(5) a physician from the contracting hospital provider; and
(6) another physician who provides health Care to offenders on site at a correction-
al facility.
Subd. 5. Sales to department of administration. July 1 of each year and quarterly
thereafter, the commissioner of corrections shall notify the commissioner of administra-
tion of the articles, supplies, and services available from industrial activities conducted
at state correctional institutions, and the commissioner of administration shall purchase
from the state correctional institutions those articles, supplies, and services needed by
state departments and agencies, unless the commissioner of corrections certifies that
the correctional institutions cannot pr°Vide them at a Price within fi~ze percent of the
fair market price for comparable level of quality and within a reasonable delivery time.
In determining the fair market price the commissioner of administration shall use
competitive bidding or consider open market bid prices in previous years for similar
products and services, plus inflationary increases.
Subd. 6. Background studies. (a) The commissioner of corrections is authorized to
do background studies on personnel emplOyed by hny facility serving children or youth
that is licensed under this section. The commissioner of corrections shall contract with
the commissioner of human services to conduct 'baCkground studies of individuals
providing services in secure and nonseeure residential facilities and detention facilities
who have direct contact, as defined under section 245A.04, subdivision 3, with persons
served in the facilities. A disqualification Of an individual in this section shall disqualify
the individual from positions allowing direct contact or access to persons and residents
receiving services in Programs 'licensed by the departments of health. and human
services.
(b) A clerk or administrator of any Court, the bureau of' criminal apprehension, a
prosecuting attorney, a county sheriff, or a Chief Of a loCal police~ department, shall
assist in these studies by providing to the ctmmissioner of.-h~/ma~i gervices, or the
commissioner's representative, all criminal conviction data avaiIable from local, state,
and national criminal history'record rtpo~it6rieS, including ~he ..... '~ "' ....
cnrmflat'juslace data
communications network, pertaining to the fOllowing individuals: applicants, operators,
all persons living in the household, and.all staff of.any facility subject ~to background
studies under this subdivision. :
''(c) 'The :'department of huhlan setvi~e~":shall ~Onduet the bael~oufid 's'tUdies
required by' ParagraPh'(a) in :compliance.~bittt :the pr6visitns of chaplet 24SA~. For the
purpose of this subdivision, the ttrm "seCure'? i~nff nofi~ecure residentilil; facility' and
detention facility" shall include programs licensed 'or Certified under.~ mbdiv'ision 2. The
.department of,human semites;shall provide neoessary fo~ns ,.and~ instructions, shall
conduct the :necessary background .studies of:individuals, and shall provide notification
of the. results of the 'studies :to the.. facilities~, individuals~ and..the commissioner of
corrections. Individuals shall, be.disqualified finder the* :provisions of 'chaptm: .245A.
~ bu//d~gs a~/fad//t/es means any building, structure, or facility for the purpose of a
facility serving certain governmental functions. These uses are intended to include uses that
are supportive of governmental functions such as public works facilities, correctional
facilities, jails, and waste handling or processing facilities. These uses are intended to be
distinguished from governmental offices and essential services.
Gommrtmta/o~ means any facility, building, and structure for the purpose of providing
governmental services to the general public. Uses intended are generally compatible with
office and residential uses and include city offices, county offices, courthouses, jails .......
^_.k ...... : .... ,~ ...... ~:~ ~: ................ k ..... jail 11 p d 1 i l¥in
..~ ..... o.-..~ o..~ ... .... w-~ '~ .... v u.~'-'*'v ~'--*~--.~--o~, ce s o erate exc us ve
conjunction with and incidental to county courtroom functions, libraries, and post offides.
These uses are intended for the direct provision of governmental services to the public as
distinguished from governmental buildings and facilities.
S:\PLANNING\Case Files~2003~Amendment to Gov Bldg Def. doc
ORDINANCE 03 -
CITY OF ELK RIVER
AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE
DEVELOPMENT OR EXPANSION OF JAIL FACILITIES W/THIN THE CITY
OF ELK RIVER
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Purpose: Due to the potential adverse impact of additional jail
cells at the County facihty, and the need for public input on the expansion of such
facilities within the City, the current definitions within the City Code are
inadequate and require refining, a process that will require 3 months.
Section 2. Findings: The City Council of the City of Elk River finds that it
is necessary in order to protect the integrity of the City's zoning ordinance, and the
health, safety and welfare of the citizens of Elk River, to declare a moratorium on
the development or expansion of jail facilities within the City of Elk River until the
City has completed the process of updating the City's Zoning ordinance provisions
regulating such facilities.
Section 3. Definition: Jail facilities shall mean those facihties that are
used for juvenile or adult detention while within the court process.
Section 4. Moratorium Declared: During the term of this ordinance and
any extensions thereof, a moratorium is hereby imposed within the City of Elk River
on the development or expansion of jail facihties within the City of Elk River.
During the term of this moratorium, the City will not accept an application for or
consider any approval required by the Zoning Ordinance or the Building Code for
the development or expansion of jail facilities within the City of Elk River.
Section 5. Waiver of Restrictions: In cases of hardship, any person having
a legal or equitable interest in land and aggrieved by the requirements of this
ordinance may apply to the City Council for a waiver of all or a portion of the
applicable restrictions. A waiver may be granted where the City Council finds
substantial hardship caused by the restrictions and finds that the waiver will not
unduly affect the integrity of the planning process or the purposes for which the
interim ordinance is enacted.
An application for waiver shall be filed on a form approved by the director of
planning.
The director of planning shall prepare a report and recommendation and
shall forward the request to the Planning Commission who shall conduct a public
hearing on the request. Not less than ten (10) days before the public hearing, the
director of planning shall mail notice of the time, place, and purpose of the hearing
S:'xPLANNING\Case Files\2003\Jail Moratorium Ord. DOC
to property owners within three hundred and fifty (350) feet of the subject property.
The failure to give mailed notice to individual property owners, or defects in the
notice, shall not invalidate the proceedings provided a bona fide attempt to comply
with this subdivision has been made. Following the pubhc hearing, the Planning
Commission shall forward its recommendation to the City Council for final action.
The City Council may impose such conditions and require such guarantees
related to the grant of waiver as it deems reasonable and necessary to protect the
public interest and to ensure compliance with the standards and purposes of this
zoning ordinance and policies of the comprehensive plan.
Section 6. Term: This ordinance shall be effective upon publication as
provided by law and shall terminate 180 days thereafter unless earlier terminated
or extended by action of the City Council. It is the intent of the City Council that
this ordinance shall be in effect only until the City has completed re-writing its
townhome ordinance.
Passed and adopted by the City Council of the City of Elk River this 15th day of
September 2003.
Attest:
Stephanie Klinzing, Mayor
Patrick Klaers, City Administrator
s:\documentkordinance\oa97-1.doc