09-15-2003 CC MIN - Laserfiche WebLink

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City Council Minutes Page 15 September 15, 2003 report. Ms. McPherson explained that her interpretation of the ordinance was that the county would not need a conditional use permit to expand the jail. Councilmember Kuester stated that she considers the square footage of the jail facility to be an important factor in determining whether a CUP is needed. She stated that a normal county, jail facility would be much smaller. She considers the jail to be an accessory use to the courthouse functions. She stated that the jail will have a large impact on the surrounding neighborhood and the neighbors may have issues that the county or the city may not have considered. Councilmember Kuester stated that it was clear to her in previous minutes that the City Council did not want the jail in the area and that if there were any future expansions, it should come before the Council as a CUP. Councilmember Kuester stated that if the city can force a resident who wants to have a home salon business to apply for a CUP then a project as large as the jail facility should also be required to obtain a CUP. She stated that there should be better communication between the city and the county regarding facility planning. Councilmember Motin stated he bel/eved the Sherburne County jail would fall under the definition of a correctional facility and not a j,-fil. He stated that the county jail is not being operated as part of the county courthouse as the county brings in inmates from outside the community and holds them for these other communities and for the federal government. He stated that he believes the Sherburne County jail falls under the M2q Statutes def'mition of a correctional facili~. Nix. Beck stated that in 2001 his understanding from the Council was that the Council did not want to interfere with the county's right to expand their facility, but that the Council did want to have any jail expansion be subject to CUP review. He stated that the language in the current ordinance was intended to require a CUP for a jail expansion beyond what the county needs for county purposes. He stated that the Council should consider an ordinance amendment to make the language more clear. Mr. Beck stated that an argument could be made that the county jail does not fall under the MN Statutes definition of correctional facility if people are typically there for less than a year. Councilmember Motin disagreed with the time limidtations under the M2q Statutes. Councilmember Tveite stated that he concurs with Councilmember Motin. He believes that the county jail goes beyond the scope of the county's regular business and it should require a CUP. Mayor I(flmzing stated that the jail is not typical of a county jail as it houses federal prisoners. She stated that she felt the jail is a correctional facility and should require a CUP. City Administrator Pat I~daers questioned whether the gun range is consistent with the permitted use defmirions or if it would require a CUP. He also stated that bonds have probably been awarded for this project and it may be too late to make the county come forward with a CUP and still meet their construction time table. Mr. Beck stated that it is not too late to have the county apply for a CUP if they have not applied for a building permit yet. COUNCILMEMBER MOTIN MOVED TO DIRECT STAFF TO NOTIFY SHERBURNE COUNTY THAT UNDER THE DEFINITION OF GOVERNMENTAL BUILDINGS AND FACILITIES IN SECTION 30-1 OF THE