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6.14. SR 05-18-1998ity of River MEMORANDUM Item# 6.14. TO: FROM: DATE: SUBJECT: Mayor and City Council Scott Harlicker, Planning Assistant May 18, 1998 ~ Request by the City of Elk River for Ordinance Amendment, Public Hearing Case No. OA 98-1 Request Consider a request by the City of Elk River to amend the definition of government offices to include jails. Attachments · Ordinance No. 98-~ · Current definition of governmental offices · Proposed definition Overview When the county office complex was originally constructed the jail facility was an incidental function to the office and courthouse operations. Since that time the jail has expanded and become more than just an incidental aspect of the total operation of the facility. Because of this expansion it became necessary to examine the issue of where do jails fit within the context of the zoning ordinance. The zoning code has two definitions that cover government facilities, they are "Government Buildings and Facilities" and "Governmental Offices". Government buildings and facilities include more intense governmental uses such as public works facilities, correctional facilities, and waste handling or processing. Governmental offices include less intense uses such as city and county offices, libraries and post offices. One use that is missing from these definitions are jails. There is no provision for allowing jails under either definition. A jail is different from a correctional facility. Jails are short term holding facilities for people awaiting trial, pending sentencing or serving county jail 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to Mayor and City CounciYOA 98-1 May 18, 1998 Page 2 time. It is different from a correctional facility because correctional facilities are for prisoners serving out sentences for state or federal crimes. These are long term facilities and include such prisons as Stillwater, St. Cloud, Lino Lakes or Pipestone. The issue is under which definition, governmental offices or governmental buildings and facilities, should jails be included. Since jails are a short term holding facility that functions as part of the county court system, it is important that it be including as part of the same definition that includes the county court and office complex. That definition is governmental offices. If jails were included under the definition of governmental building or facility it would not be permitted at the present location of the county office complex. Governmental buildings and facilities are not an allowed uses in the BP (Business Park) district, which is what the county complex is zoned. However, governmental offices are allowed as a permitted use in the BP district. Planning Commission Meeting At the Planning Commission meeting held on April 28th no one spoke at the public hearing. The Commission discussion including a definition for jail and whether jails should be allowed as a permitted use or a conditional use. They were concerned about public input in the review process. Public hearings are not required for permitted uses but are with conditional uses. The Planning Commission recommended approval of the proposed ordinance with the inclusion of a separate definition for jail. The proposed definition for jail is the same as the one provided in state statutes. The Commission also passed a motion asking the Council to consider initiating a future ordinance amendment to include jails as a conditional use and not as a permitted use. Recommendation It is recommended the City Council approve Ordinance No.98-__ amending the definition of governmental offices to include jails and establishing a definition for jails. \\elkriver\sys\shrdoc\planning\scott\oa98- lcc.doc ORDINANCE 98 - CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 900.08 OF THE CITY CODE OF ORDINANCES CASE NO. OA 98-1 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 900.08 of the City of Elk River Code of Ordinance, titled "Definitions .... Government Offices" is hereby amended to read as follows: 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, county offices, courthouses, iails operated on the same site and as part of a city or county courthouse, libraries, and post offices. These uses are intended for the direct provision of governmental services to the public as distinguished from governmental buildings and facilities. Section 2. Section 900.08 of the City of Elk River Code of Ordinance, titled "Definitions" is hereby amended by adding the following: JAILS: A secure adult detention facihty used to confine sentenced prisoners for a time not to exceed one full year per conviction, adult pretrial and presentenced detainees indefinitely, and juveniles up to limits prescribed by Minnesota statute and commissioner approval. 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 ,1998. day of Henry A. Duitsman Mayor Sandra A. Thackeray City Clerk s:\document\ordinanc\oa98-1.doc CURRENT DEFININTION 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, county offices, hbraries, and post offices. These uses are intended for the direct provision of governmental services to the public as distinguished from governmental buildings and facilities. PROPOSED DEFINITION GOVERNMENTAL OFFICES: Any facility, building, and structure for the purpose of providing governmental services to the general pubhc. Uses intended are generally compatible with office and residential uses and include city offices, county offices, courthouses, iails operated on the same site and as part of a city or county courthouse, hbraries, and post offices. These uses are intended for the direct provision of governmental services to the pubhc as distinguished from governmental buildings and facilities.