HomeMy WebLinkAbout5G-Special Hunt for Mike Vierling O� PRIO
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4646 Dakota Street SE
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CITY COUNCIL AGENDA REPORT
MEETING DATE: September 22, 2014
AGENDA#: 5G
PREPARED BY: Bill O'Rourke, Chief of Police
PRESENTER: Bill O'Rourke
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING A
SPECIAL HUNT FOR MIKE VIERLING
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. He states that he have tried various other methods to try and
eliminate the damage and threats caused by the goose population.
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 Regular Waterfowl
season, which begins on September 27, 2014; 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.
Mr. Vierling has included a letter from the Minnesota DNR that states, "It is
MNDNR recommendation that the City of Prior Lake permit discharge of
firearms in pursuit of Canada Geese where hunting for population
management can occur in a safe and effective manner."
Conclusion
Mr. Vierling's has shown that the goose population has caused a health
and welfare threat to his livestock and his 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. Mr. Vierling
is aware that the revised City Ordinance limits hunting to the use of only 12,
16, 20 and .410 gauge shotguns during special hunts.
FINANCIAL None
IMPACT:
ALTERNATIVES: 1) Adopt the Resolution as part of the consent agenda 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.
2Remove this item from the consent agenda and adopt the Resolution
authoring the special hunt as requested by Mr. Vierling on both properties.
3) Deny the request.
RECOMMENDED Alternative 1.
MOTION:
2
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4646 Dakota Street SE
�INNESO�P Prior Lake,MN 55372
RESOLUTION 14-xxx
A RESOLUTION AUTHORIZING A SPECIAL HUNT FOR MIKE VIELING
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 is
recommended by the Minnesota Department of Natural Resources for the management of
the Canada Geese population.
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 north of County
Road 42 and west of County Road 18 during the early regular 2014 Minnesota Waterfowl seasons.
PASSED AND ADOPTED THIS 22th DAY OF September 2014.
VOTE Hedberg Keeney McGuire Morton Soukup
Aye ❑ ❑ ❑ ❑ ❑
Nay ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑
Abstain ❑ ❑ ❑ ❑ ❑
Frank Boyles, City Manager