HomeMy WebLinkAbout5I Special Hunt Mike Vierling Property 0Plttp4
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4646 Dakota Street SE
Prior Lake, MN 55372
41SolP CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 28, 2015
AGENDA#: 51
PREPARED BY: MARK ELLIOTT, POLICE CHIEF
PRESENTED BY: MARK ELLIOTT
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING A
SPECIAL HUNT FOR MIKE VIERLING
DISCUSSION: Introduction
As in previous years, Mike Vierling has applied for a special hunt to be
held on his land this fall.
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,
authorize a special hunt as long as such hunt is in compliance with State
law and hunting regulations.
Current Circumstances
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. Mr. Vierling states
that the geese are contaminating the water and, "the cows don't want to
drink it, the cows are getting diseases." He further states that the geese
are over-populating the pasture, are in the way of the tractor and that the
pasture is full of bird droppings. Finally, he asserts that now that the
Jeffers property is developed, all the ducks and geese are coming onto his
property. He states he has tried various other methods to eliminate the
damage and threats caused by the goose population.
He is asking for permission to hunt on two sections of his 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 that limits the hunt to: a shotgun
loaded with shot shell, prohibiting hunting with 500 feet of an occupied
building, and shooting so that shot does not leave the approved hunting
area.
He asks permission to hunt, obeying all Federal and Minnesota Statues
and Regulations for hunting during the regular waterfowl season which
begins on September 26, 2015 and into the late Canada Goose season.
Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com
He asks to begin the hunts at 7:00 a.m. on weekdays and 8:00 a.m. on
weekends (as per the City noise ordinance). Hunts would conclude at the
time designated by the Department of Natural Resources, which is one-
half hour after sunset. Mr. Vierling further states he would be responsible
for the licensed hunters on his property, he will know who is hunting as
well as when 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 has shown that the goose population causes 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 CR 21 north of
CR 42, there is more vehicular traffic than before, and the sidewalks
abutting the Vierling property south or CR42 are heavily used. The
proximity of that property to Jeffer's Elementary School makes it likely that
children will be using the sidewalks.
Other than inquiries in the past regarding the legality of the shooting, there
have been no complaints associated with the hunts approved in the past.
However, growth and a shift in commuting have, 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 hunt. Mr.
Vierling has been approved for special hunts on his properties for a
number of years 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. Mr. Vierling is aware that City ordinance
limits hunting to the use of only 12, 16, 20 and .410 gauge shotguns.
FINANCIAL None.
IMPACT:
ALTERNATIVES: 1. Adopt the resolution authorizing the special hunt for Mr. Vierling on the
property north of CR 42 between Pike Lake Trail and CR 18, but not
for the property located at CR 21 and CR 42.
2. Remove this item from the consent agenda and adopt the resolution
authorizing the special hunt as requested by Mr. Vierling on both
properties.
3. Deny the request.
RECOMMENDED Alternative#1.
MOTION:
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4646 Dakota Street SE
' rNNEso'cP Prior Lake, MN 55372
RESOLUTION 15-xxx
A RESOLUTION AUTHORIZING A SPECIAL HUNT 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 a special hunt to be conducted only on the Vierling property north of CR 42
and west of CR 18 during the early regular 2015 Minnesota waterfowl seasons.
PASSED AND ADOPTED THIS 28th DAY OF SEPTEMBER 2015.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ❑ ❑ ❑ ❑ ❑
Nay ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑
Abstain ❑ ❑ ❑ ❑ E
Frank Boyles, City Manager