6.5. SR 09-20-1999
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ITEM #6.5.
MEMORANDUM
Mayor & City Council
Michele MCPherso~ctor of Planning
DATE:
September 16, 1999
SUBJECT:
Amend Dangerous Weapons Ordinance,
Section 404.12 (2) (B)
Request
Consider an ordinance amendment exempting biathlon clubs from the 500' discharge
buffer requirement.
Attachments
. Location Map - MN Biathlon
. Ordinance 99-
. September 14, 1999 Memo from Assistant Police Chief Beahen
. Analvsis
The MN Biathlon has constructed a low velocity rifle range located on CAMAS property
(refer to attached map). The range is located near the railroad trail as well as Top of
the World Park. It is also within the 500' buffer area within which dangerous weapons
cannot be discharged.
The MN Biathlon has requested a conditional use permit, CU 99-31, to allow
construction of a new warming house on the site. The new structure will be 14' x 20'
and of wood frame construction. In order for the range to continue to exist, however, an
exemption to the 500' buffer must be granted.
Staff has prepared an ordinance amendment exempting the Biathlon club from the 500'
buffer area. This exemption is similar to that which was granted for the St. Louis Park
Gun Club earlier this year. The Police Department inspected the site and has
recommended a number of improvements to increase the safety of the site (refer to
attached memo). His recommendations have been included as conditions of approval
for the conditional use permit by MN Biathlon.
Recommendation
.
Staff recommends that the City Council approve the attached Ordinance 99-_
exempting the MN Biathlon range from the 500' buffer requirement.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
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LOCA TION
MAP
CASE:CU 99-31
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13065 'Orono Parkway. P.O. Box 490
Elk River, MN 55330
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.
.
ORDINANCE NO. 99-
CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 404.12(2) (B)
OF THE CITY'S DANGEROUS WEAPONS ORDINANCE
Section 1. Section 404.12(2) (B) of the City code of Ordinances
shall be amended to read as follows:
2. The discharge or use of a dangerous weapon shall be
prohibited in the following locations:
B. Within five hundred (500) feet of any adjoining property,
building or structure or the boundary of any platted
area. This minimum 500 foot distance may be reduced to
two hundred (200) feet in the following circumstances:
1.) at an organized gun club as defined in
Section 404.14 for the discharge of
shotguns at a trap range from a currently
existing permanent shooting pad directed
away from the building or platted area; or
2. )
at an organized biathlon range for the
discharge of low velocity rifles at an
established shooting range directed away
from the building or platted area.
Section 2. 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 day of , 1999.
Stephanie A. Klinzing, Mayor
ATTEST:
Sandra A. Peine, City Clerk
\\elkriver\sys\shrdoc\document\ordinanc\weapons3.doc
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Memorandum
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To: Michelle McPherson
From: Assistant Chief Jeff Beahen
Date: 09-14-99
Subject: Biathlon Gun Range
Police Department
.
.
Per your request, I made a site visit to the biathlon gun range adjacent to
Woodland Trails Park. Two department range officers, Sgt. Brad Rolfe and
Investigator Robert Kluntz assisted me in checking this location. We make the'
following recommendations based on our observations:
,.
1)
The range is not public-yet there is no indication when one arrives there
to indicate that it is not open for public use. The new tarred path leading
into the range itself will make it more evident to the public, and once
people discover it there is no indication that it is a private facility. To
resolve this, we suggest the following:
a) Erect signs indicating it is a private range, no public access
or trespassing. These signs need to be at the entrance
points and at the range firing line.
b) Suggest gates be erected on the path to prevent the public
from even entering the range area.
The range area, specifically the field of fire zone, is not marked at an as a
hazardous area. Although the terrain and foliage is such that one would
not typically end up behind the impact area, it should still be clearly
marked to avoid any accidental wandering into the range itself.
The new tar path along the previous railway is very close in proximity to
the west border of the range. These two parallel each other, but are only
30-35 yards apart. If someone were to wander off the path, walk east
over the slight rise and then continue east a short distance, they would
end up either in the range, or behind it. These are tremendous safety
concerns. There needs to be at a minimum these improvements:
a) Immediate signing along the East Side of the path which
runs along the West Side of the range stating "DO NOT
ENTER - GUN RANGE" or "DANGER-GUN RANGE".
b) Consider erecting a barb wire fence along the path to insure
that no one tried to walk into the range from the path.
2)
3)
4) The range target area is somewhat in disrepair. They should look at the
target boxes as they appear broken and in need work. The backstop is in
good shape, made of railroad ties and earth.
Most gun ranges that I am familiar with are equipped with fencing and signs
around the entire perimeter of the property. CSt. Louis Park Gun Club,
13065 Orono Parkway. P,O, Box 723. Elk River, MN 55330. (612) 441-2324. Fax (612) 441-8937
.
.
.
Minnetonka Sportsman Club, Anoka County Bunker Hills Range) There is
obviously a liability factor if someone misuses the range, and a stray round
injures a citizen. I am less concerned with authorized range use, as I am of
those who might wander in and use the range thinking it is open to the public.
That type of unsupervised use could result in a tragic accident.
This has really not been an issue prior to the development of the park. Now that
the paths are greatly improved, and in fact lead right into the range, we have
begun receiving calls from the public asking if they can use the range. As I
stated earlier, there is no indication to anyone that the general public should n9t
be in the range or that it is private property. One of the callers was surprised by
his "find", commending the city for hiding this "asset" from the general public.
He then asked if it would be ok to sight-in his deer rifle.
I would be happy to discuss these improvements with any member of your staff
or the range group themselves, should there be any questions about our
concerns.
Submitted by:
Jeffrey Beahen
CC: Chief Zerwas