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4646 Dakota Street SE
�''Mvsso�P Prior Lake, NIN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: October 13, 2014
AGENDA#: 5E
PREPARED BY: Bill O'Rourke, Chief of Police
PRESENTER: Bill O'Rourke
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING SPECIAL
HUNTS FOR TWO LOCATIONS 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 futher
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."
This item was on the September 22, 2014, City Council meeting agenda
but I had mistakenly made a recommendation to approve only that portion
of the application for the property north of CR 42 between Pike Lake Trail
and CR 18. It is my opinion that the application meets the requirement of
the Prior Lake City Code and should therefore be approved with a
modification of the starting times on the property at CR 21 and CR 42.
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 have been no issues of overspray in the past and 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.
A secondary issue is that of noise, especially from the discharge of
shotguns on the CR 21 and CR 42 property. Those concerns could be
minimized by adjusting the starting times of the special hunts on that
property to 8 am on weekdays and 9 am on weekends. The approving
resolution would accomplish this time change for the CR 21/CR42 property
only.
FINANCIAL None
IMPACT:
2
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 at 7 am on weekdays and 8 am on weekends; and approving the
special hunt on the property at SE quadrant of CR 21 and CR 42 to begin
at 8 am on weekdays and 9 am on weekends.
2) Deny the request
RECOMMENDED Alternative 1.
MOTION:
3
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4646 Dakota Street SE
' "Pzso'tV' Prior Lake,MN 55372
RESOLUTION 14•xxx
A RESOLUTION AUTHORIZING SPECIAL HUNTS FOR MIKE VIERLING
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 special hunts to be conducted on the Vierling property N or CR 42, E of
Pike Lake Trail and W of CR 18 during the Minnesota Waterfowl seasons beginning at 7 am on
weekdays, and 8 am on weekends; and, on the property at the SE quadrant of CR 21 and CR 42
beginning at 8 am on weekdays and 9 am on weekends.
PASSED AND ADOPTED THIS 13th DAY OF OCTOBER 2014.
VOTE Hedberg Keeney McGuire Morton Soukup
Aye ❑ ❑ ❑ ❑ ❑
Nay ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑
Abstain ❑ ❑ ❑ ❑ ❑
Frank Boyles, City Manager
http:Hsplash(teams(aml0ctober 4 2010110 13 201412014 Vierling Special Hunt Resolution.doc