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Home My WebLink About5O Special Hunt Vierling Reports Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 17, 2018 AGENDA #: 5O 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. (See attached Map of Approximate areas) 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 Statutes and Regulations for hunting during the regular waterfowl season which 2 begins on September 22, 2018 and into the late Canada Goose season concluding at the end of the year. 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 is aware that City ordinance limits hunting to the use of only 12, 16, 20 and .410 gauge shotguns. 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.” 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 are heavily used. The proximity of that property to Jeffer’s Elementary School makes it likely that children will be using the sidewalks. Prior to last year, 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, last year the city council raised concerns about the proximity of the SE quadrant location in relation to homes, sidewalks, and Jeffers Pond Elementary School and 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 had not been an issue until last year. In 2017 the Prior Lake police department received one complaint about birdshot falling outside of the hunt area into the parking lot of fire station number 2, near the SE quadrant location. Mr. Vierling was made aware of this complaint, and there were no other complaints received last year. The new Pike Lake Marsh apartment building borders the norther section and is now occupied. In years past there were no homes or apartments directly adjacent to the northern quadrant authorized hunting areas. This may result in in increase of calls or complaints about the noise of gunshots within city limits. 3 Conclusion Based on the discussion during last year’s city council request deliberation and the incident of shot leaving the SE quadrant, I would suggest that the request for the SE quadrant not be granted for public safety reasons. FINANCIAL IMPACT: None. ALTERNATIVES: 1. Adopt the resolution authorizing the special hunt only for the property north of County Road 42 in consideration of safety concerns regarding the southeast County Road 21/County Road 42 property. 2. Remove this item from the consent agenda for additional discussion. RECOMMENDED MOTION Alternative #1. 4 Southern Quadrant 500 foot from property line/homes Hunt area shaded 5 Northern Quadrant 500 foot from property line/homes Hunt area Shaded 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-___ 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, WHEREAS, WHEREAS, Mike Vierling has applied for permission to hold a special hunt on his property located N of CR 42, E of Pike Lake Trail and W of CR 18; and the purpose of the special hunt is to eliminate the nuisance to his farming operation and livestock posed by the waterfowl population; and 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 and regular 2018 Minnesota waterfowl seasons. PASSED AND ADOPTED THIS 17th DAY OF SEPTEMBER 2018. VOTE Briggs McGuire Thompson Burkart Braid Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager