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HomeMy WebLinkAbout20081103 - VIII-C-2VIII-C-2 City of Hastings Parks & Recreation 920 W lp~ St, Hastings MN 55033 Ph: (651) 480-6175 Fax (651) 437-5396 Web: www.ci.hastings.mn.us "Creating Community Through People, Parks, and Programs" date: 10/29/08 To: Honorable Mayor and City Council Members From: Barry Bernstein, Parks and Recreation Director Subject: Freitag Property/Gores State Wildlife Management Area At the October 20, 2008 City Council meeting, it was approved to amend the City Ordinance relating to the discharge of firearms/use of bow and arrow within the City limits, but only within the former Freitag Property now called the Gores State Wildlife Management Area. Councilmembers Alongi and Slavik directed staff to prepare a resolution in support of a buffer zone to protect affected properties for this project to be addressed at the November 3~ City Council Meeting. I facilitated a meeting between the DNR and the property owner at 2900 4th Street E (Likes) to discuss the buffer zone issue. Members from the DNR, City Staff, and the property owners met on site to address layout and discuss any questions or comments. The DNR conceded that during special deer management hunts, a 200' buffer will be established from the residence on 2900 4th Street East. In addition, as you can see from the enclosed map, the DNR proposed a large only fire north area will also be in effect during special deer management hunts. I did ask the DNR to contact the other affected property located on 1621 4th Street east. The DNR did comply with my request and a similar relationship will be in effect for this property owner as well. Included in this information are two pieces of information for the Council to review. The first document is a Memo of Understanding between the Minnesota Department of Natural Resources and the City of Hastings. This MOU outlines what the intentions are for management, trail alignment, and length of the agreement. The MOU also outlines the buffer zone issue in point #7. The second piece of information is a resolution formally adopting the buffer zones surrounding the two affected properties. In reviewing both documents, the MOU between the DNR and the City of Hastings may include all the stipulations the City Council is looking to accomplish with the affected property owners. If not, the City Council could also pass the resolution included in this packet. Thank you! Civic Arena Aquatic Center Youth First 2801 Red Wing Blvd. 901 Maple Street 920 W 10~' Street Ph: (651) 480-6195 Ph: (651)480-2392 Ph: (651) 480-6182 Fax (651) 437-4940 Fax (651)437-5396 Fax (651) 437-5396 .. ~ ~ ,~ a ~ ~ a ~ ~ _~ ~ ~ ~ ~ ~ ~ ~• t,~ ~ ~ L ~ ~ {, '~ t ~ ,~ a ~ ~ ~~~ ~~~, ~~ ~~m .~~-__ ~~r,~~~ ~~ t~~ ~ .J ~-- ~.. (1. O y Z ~ ~ Z . ~ O ~S ` y ~ ~O =U ~ ~ ea 'v z~ ~~ o ~n ~, o ~~ U a . ~ d W e~ H L m ~.+ a. ~~~' ~. ,; ~,-~ i, @~ s''~a 'k z~ DNR-Hastings MOU: Freitag Property STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HASTINGS AND THE DEPARTMENT OF NATURAL RESOURCES The City of Hastings (City) and the Department of Natural Resources (DNR) hereby agree to the following stipulations as a means to carry out hunting and trapping under DNR regulations on a 297-acre parcel in eastern Hastings as depicted on the attached Exhibit A: 1. The Department of Natural Resources shall purchase Parcel A and designate it as a part of the Gores State Wildlife Management Area and manage it in accordance with Minnesota statutes, rules and regulations for Wildlife Management Areas. This wildlife management area shall be added to the Gores Wildlife Management Area. 2. The Department of Natural Resources shall purchase Parcel B and designate it as the Gores State Aquatic Management Area and manage it in accordance with Minnesota statutes, rules and regulations for Aquatic Management Areas. 3. The City and DNR agree to establish the following regulations for the Parcel A Wildlife Management Area: i. Small game and wild turkey hunting shall be allowed with shotguns using fine shot (No. BBB or smaller diameter shot) or by archery during established hunting seasons. ii. Archery deer hunting shall be allowed during established hunting seasons. 4. The City and DNR agree to establish the following regulations for the Parcel B Aquatic Management Area: No hunting shall be allowed except as provided in Section 6, below. 1 DNR-Hastings MOU: Freitag Property 5. DNR agrees to post such regulations at the public access and at any other public accesses subsequently developed by DNR: Firearms are restricted to shotgun with fine shot only for small game and wild turkey hunting. Deer hunting is archery only. 6. Upon mutual agreement between DNR and the City, controlled deer hunts shall be allowed within the corporate limits of Hastings on Parcels A and B by DNR when administered by DNR with permits which will regulate the number of hunters, the length of the hunt, the use of shotguns (including muzzleloader) with slugs, and other conditions imposed by the DNR upon the hunters. The DNR shall notify the City at least 60 days prior to any such controlled hunt. 7. Upon request by the owner of any of two existing occupied dwellings at the time of state acquisition (1621 4Th St E or 2900 4Th St E), or by the City Council, a 200-foot buffer will be established upon demonstrated safety need around said .residential dwelling, which buffer shall be excluded from shotgun slug discharge during special controlled deer management hunts referenced in Section 6, above. Said buffer area boundaries may be posted prior to the special controlled hunts upon request of the above named residential property owners. 8. Trapping of furbearer species will continue to be permitted within the corporate limits of Hastings on Parcels A and B in accordance with Minnesota statutes, rules and regulations for Wildlife Management Areas and Aquatic Management Areas. 9. Upon mutual agreement between the City and DNR, a small parking area along Fourth Street on the perimeter of the AMA portion (Parcel B) of the property may be developed. 10. Upon mutual agreement between the City and DNR, non-paved trails through the AMA portion (Parcel B) of the property may be developed. 11. The DNR will work cooperatively with the City to allow a paved recreation trail on or along Fourth Street and adjacent to the WMA portion (Parcel A) of the property. 12. The DNR area wildlife or fisheries manager will meet the City Council or its designee as necessary upon reasonable notice, to discuss problems or complaints stemming from public hunting, trapping or other outdoor recreation activities in the area governed by this agreement. 2 DNR-Hastings MOU: Freitag Property 13. This Agreement shall be in effect for a term of twenty- five (25) years from the date of execution as determined by adoption by the City. This agreement shall renew at the end of the term for an additional ten (10) year term unless a party gives three (3) months written notice to the other party to terminate the agreement. This agreement shall continue to automatically renew at the end of each ten (10) year period unless the required notice is given. This Agreement may otherwise be terminated by mutual written consent between DNR and the City. Passed and adopted by the Hastings City Council this day of 2008. Department of Natural Resources City of Hastings Director, Division of Fish & Wildlife Date Date Mayor Date City Clerk Date 3