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Home My WebLink About5I Special Hunt (Vierling) o � r�o� ti � u r � 4646 Dakota Street SE `�IN�so��' Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: August 26, 2013 AGENDA #: 51 PREPARED BY: Bill O'Rourke, Chief of Police PRESENTER: BillO'Rourke AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING A SPECIAL HUNT DISCUSSION: Introduction Mike Vierling has applied for a special hunt to be held on his land this fall, just as he has in previous years. History Prior Lake City Code 804 prohibits the discharge of a firearm within the corporate limits of the City, except when authorized as a"special hunt." A "special hunt" as described under Section 804.500, has the purpose of reducing animal populations that create potential health, safety or general welfare problems in the City. The City Council may, by resolution, authorized a special hunt as long as such hunt is in compliance with State Law and hunting regulations. Current Circumstances A resident, Mike Vierling, 13985 Pike Lake Trail NE, has applied for a special hunt on his property for the purpose of reducing the number of geese and ducks that are creating general welfare problems on his farm land. Mr. Vierling states that the fowl are contaminating the water and, "the cows don't want to drink it, the cows are getting diseases". He further states that the birds are over populating the pasture, are in the way of the tractor and that the pasture is full of feces. Finally, he asserts that now that the Jeffers property is developed, all the ducks and geese are coming onto his property. Once again this year, he is asking for permission to hunt on two sections of this property; the first on the SE quadrant of CR 21 at CR 42, and the second on his property north of CR 42 between Pike Lake Trail and CR 18. Mr. Vierling is aware of the ordinance limiting the hunt to a shotgun loaded with shot shell, that hunting regulations prohibit hunting within 500 feet of an occupied building, and that shooting must happen so that the shot does not leave the approved hunting area. He is asking permission to hunt, obeying all Federal and Minnesota Statutes and Regulations for hunting, during the early Canada Goose season, which runs from September 1, 2013, through September 20, 2013; as well as during the Regular Waterfowl season, which begins on September 21, 2013; and into the late Canada Goose season. He is asking for permission to begin the hunts at 7 a.m. on weekdays, and at 8 a.m. on weekends (as per the City noise ordinance). The hunts would conclude at the time designated by the Department of Natural Resources, which is one half hour after sunset. Mr. Vierling further states that he would be responsible for the licensed hunters on his property and that he will know who is hunting, when they are hunting and where they are hunting. Conclusion Mr. Vierling's application meets all the requirements of Section 804.501. ISSUES: The primary issue is that of safety. With the completion of County Road 21 north of County Road 42, there is more vehicular traffic than ever before and the sidewalks abutting the Vierling property are heavily used. The proximity of that property to Jeffer's Elementary School makes it likely that children will be using the sidewalks adjacent to the property. Other than inquiries as to the legality of the shooting in the past, there have been no complaints associated with the special hunts approved in previous years on this property. However growth and a shift is commuting, due to the new road, have, in my opinion raised the potential of an accident associated with a special hunt on the property to a higher level of concern. There is also the question of the effectiveness of the special hunts. Mr. Vierling has been approved for special hunts on these properties for a number of years now with no apparent impact on the habits of these migratory birds. When the hunt is active the discharge of firearms is quite loud but overspray has not been an issue when monitored in the past. However, it is the recommendation from the Department of Natural Resources that we prohibit the use of 10 gauge shot guns to better protect against the chances of overspray of the BBs. FINANCIAL None I M PACT: ALTERNATIVES: 1. Adopt the resolution authorizing the special hunt for Mr. Vierling on the property north of County Road 42 between Pike Lake Trail and County Road 18, but not for the property located at County Road 21 and County Road 42. 2. Adopt the Resolution authoring the special hunt on both properties as requested by Mr. Vierling. 3. Deny the request. RECOMMENDED Alternative #1. If the City Council adopts alternative #1 there is no reason MOTION: to remove this item from consent agenda. If there is a desire to approve the hunt for both properties or if there is a question unrelated to location, the item should be removed from the consent agenda for discussion. 2 O� P ��P � � u �, 4646 Dakota Street SE '�INx�so'��` Prior Lake, MN 55372 RESOLUTION 13-x�c A RESOLUTION APPROVING A SPECIAL HUNT FOR MIKE VIELING ON PROPERTY NORTH OF COUNTY ROAD 42 Motion By: Second By: WHEREAS, the discharge of firearms is prohibited by ordinance in the City of Prior Lake; and WHEREAS, Prior Lake Ordinance allows the City Council to authorize special hunts for the purpose of reducing health, safety and general welfare problems in the City; and WHEREAS, Mike Vierling has applied for permission to hold a special hunt on his property located at the SE quadrant of CR 21 at CR 42 as well as N of CR 42, E of Pike Lake Trail and W of CR 18; and WHEREAS, the purpose of the special hunt is to eliminate the nuisance to his farming operation and livestock posed by the waterfowl population; and WHEREAS, the application meets all the requirements of City Code Section 804.501; and WHEREAS, the City Council has concerns regarding safety and effectiveness of continued special hunts on the property located at the SE quadrant of CR 21 at CR 42. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council authorizes a special hunt to be conducted on the Vierling property during the early goose and regular 2013 Minnesota Waterfowl seasons only on the property located N of CR 42, E of Pike Lake Trail and W of CR 18. PASSED AND ADOPTED THIS 26� DAY OF AUGUST 2013. YES NO Hedber Hedber Keene Keene Morton Morton Souku Souku McGuire McGuire Frank Boyles, City Manager http:/Isplashlteamslam(October 4 2010/August 26, 20131AIternative 1- 2013 Vierling Special Hunt Resolution.doc O`� P ��+P ti � U �y 4646 Dakota Street SE �INNBS�� Prior Lake, MN 55372 RESOLUTION 13-xxx A RESOLUTION APPROVING A SPECIAL HUNT FOR MIKE VIERLING ON PROPERTIES SOUTH OF COUNTY ROAD 42 AND NORTH OF COUNTY ROAD 42 Motion By: Second By: WHEREAS, the discharge of firearms is prohibited by ordinance in the City of Prior Lake; and WHEREAS, Prior Lake Ordinance allows the City Council to authorize special hunts for the purpose of reducing health, safety and general welfare problems in the City; and WHEREAS, Mike Vierling has applied for permission to hold a special hunt on his property located at the SE quadrant of CR 21 at CR 42 as well as N of CR 42, E of Pike Lake Trail and W of CR 18; and WHEREAS, the purpose of the special hunt is to eliminate the nuisance to his farming operation and livestock posed by the waterfowl population; and WHEREAS, the application meets all the requirements of City Code Section 804.501. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council authorizes a special hunt to be conducted on the Vierling property during the early goose and regular 2013 Minnesota Waterfowl seasons. PASSED AND ADOPTED THIS 26th DAY OF AUGUST 2013. YES NO Hedber Hedber Keene Keene Morton Morton Souku Souku McGuire McGuire Frank Boyles, City Manager