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04-05-1999 CC MIN - SPECIAL e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 5, 1999 Members Present: Mayor Klinzing, Councilmembers Dietz, Thompson, Farber, and Motin Members Absent: None Pat Klaers, City Administrator; Sandra Peine, City Clerk; Peter Beck, City A ttorney; Scott Harlicker, Planner; Paul Steinman; Director of Economic Development; Sue Kostanshek, Senior Center Coordinator; Bryan Adams, Utilities Superintendent; Tom Zerwas, Police Chief; Jeff Beahen, Assistant Police Chief; Tom Tyler, Sergeant; and Brad Rolfe, Sergeant Staff Present: 1. Call Meetina To Order Pursuant to due call and notice thereof, the meeting of the City Council was called to order at 6:00 p.m. by Mayor Klinzing. 2. Consider Aaenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE APRIL 5, 1999, COUNCIL AGENDA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.1. Consider Amendment to the Danaerous Weaoons Ordinance Planner Scott Harlicker explained that the Council has requested staff to draft an ordinance amendment to the dangerous weapons ordinance in relation to the proximity of the st. Louis Park Gun Club's trap range to the Starlight Estates Plat. The City Attorney prepared the following amendment to the dangerous weapons ordinance. "The discharge or use of a dangerous weapon shall be prohibited within five hundred (500) feet of any building or structure or the boJ:ndary of any platted area. This minimum 500 foot distance may be reduced to two hun~red (200) feet for shotguns discharged at a trap range from a permanent shooting pad 6!irected away from the building or platted area." Harry Stevens, member of the Gun Club, recommended to change the word "shotgun" to "dangerous weapons" so as to be consiste~t with the dangerous weapons ordinance. The Council did not agree with this recommendation. COUNCILMEMBER MOTIN MOVED TO ADOPT ORDINANCE 99-10 AMENDING SECTION 404.12(2)(8) OF THE CITY'S DANGEROUS WEAPONS ORDINANCE AS DRAFTED BY THE CITY ATTORNEY. COUNCILMEMBER THOMPSON SECONDED THE MOTION. Steve Pullar, 20343 Meadowvale Road, stated that his land abuts the gun club and that he is concerned with the ordinance amendment because it decreases the minimum distance for discharging a shotgun from 500 feet to 200 feet. He stated that he believes e e e City Council Minutes April 5, 1999 3.2. 3.3. Page 2 the 500 foot buffer was originally set for safety and for noise issues. He indicated that this amendment would affect his property when he plats or subdivides in the future. Discussion was held by the Council regarding adding the words "currently existing" to the proposed amendment so that this issue would not affect future gun clubs. Discussion was also held regarding other minor amendments to the ordinance as suggested by Gun Club member Harry Stevens and Council Member Motin. It was the consensus of the council to add the words "currently existing" to the amendment. COUNCILMEMBER MOTIN INDICATED THAT HIS MOTION ADOPTS THE ORDINANCE IN THE FOLLOWING FORM: "The discharge or use of a dangerous weapon shall be prohibited in the following locations: within five hundred (SOO) feet of any adjoining properly, building or structure or the boundary of any plaffed area. This minimum SOO foot distance may be reduced to two hundred (200) feet at an organized gun club as defined in Section 404.14 for the discharge of shot guns at a trap range from a currently existing permanent shooting pad directed away from the building or plaffed area. " COUNCILMEMBER THOMPSON CONCURRED WITH THE SUBSTITUTED AMENDMENT. THE MOTION CARRIED 5-0. Preliminary Plat (Star LiQht Estates) Art Peterson, Public Hearinq, P 99-3 Final Plat (Star Liqht Estates) Mayor Klinzing stated that the Council reviewed the Star Light Estates preliminary and final plat on March 15. She indicated that the issue was postponed until the Council could review an amendment to the dangerous weapons ordinance. Mayor Klinzing indicated that the ordinance amendment which the Council just adopted addresses the issue of the distance and operation of the trap range in relation to the proposed Star Light Plat. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY PLAT FOR STAR LIGHT ESTATES WITH THE FOLLOWING CONDITIONS: 1. THAT ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 2. THAT THE COMMENTS IN THE LETTER FROM SHERBURNE COUNTY PUBLIC WORKS DEPARTMENT BE ADDRESSED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 99-26 GRANTING FINAL PLAT APPROVAL FOR STAR LIGHT ESTATES CASE NO. P 99-3. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. e e - City Council Minutes April 5, 1999 Page 3 3.4. Consider Aooroval of Hirina Liauor Store Manaaer City Administrator Pat Klaers updated the Council on the interview process for the liquor store manager. He indicated that he was not in the position to request approval for hiring a manager at this time, however he would have an update at the next council meeting. 3.5. Consider Aooroval of Hirina Economic Develooment Assistant Paul Steinman introduced Marc Nevinski. the recommended candidate for the position of assistant director of economic development. COUNCILMEMBER THOMPSON MOVED TO HIRE MARC NEVINSKI AS THE ASSISTANT ECONOMIC DEVELOPMENT DIRECTOR BEGINNING MAY 10, 1999, AT $38,000 PER YEAR. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Senior Citizen Annual Reoort Suzanne Kostanshek, Senior Center Coordinator, presented the 1998 Elk River Senior Center Annual Report. 4.2. Utilities Annual Reoort Bryan Adams, Utilities Superintendent presented the 1998, Elk River Municipal Utilities Annual Report. 4.3. Police Deoartment Annual Reoort The 1998 Police Annual Report was presented by Police Chief Tom Zerwas, Assistant Police Chief Jeff Beahen, Sergeant Tom Tyler, and Sergeant Brad Rolfe. Police Chief Zerwas requested the Council to adopt a resolution which would identify Elk River as a test city for motion-activated cameras. COUNCILMEMBER THOMPSON MOVED TO ADOPT RESOLUTION 99-27 IDENTIFYING THE CITY OF ELK RIVER AS A TEST CITY FOR MOTION-ACTIVATED CAMERAS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Adjournment There being no further business, MAYOR KLINZING ADJOURNED THE COUNCIL MEETING. The meeting of the City Council adjourned at 9:02 P.M. ~~ 'Sandra Peine City Clerk