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Home My WebLink About20081020 - VII-01VII-1 City of Hastings Parks & Recreation 920 W 20a' St, Hastings MN 55033 Ph: (651) 480-6175 Fax: (651) 437-5396 Web: vvww.ci.hastings.mn.us "Creating Community Through People, Parks, and Programs' Date: 10/14/08 To: Honorable Mayor and City Council From: Barry Bernstein, Parks and Recreation Director Subject: .Firearms Ordinance Amendment The City Council was informed at the October 6, 200$ meeting that the Minnesota Department of Natural Resources and the Dakota County Farmland and Natural Areas Program have been working cooperatively on attempting to purchase the entire 300-plus acres of the Freitag Property. The City Council was informed at this meeting that an agreement has been reached between the DNR and the property owner for the purchase of the property by the DNR and Dakota County Farmland and Natural Areas Program. Proposed Mana ement This property will be managed entirely by the Department of Natural Resources in two ways. The northern portion of this property will be considered an Aquatic Management Area (AMA). Generally, an AMA area, as this property wdl be considered, will be left in its primitive state and will offer limited access. This AMA will offer an opportunity to secure important biological property adjacent to the Mississippi River. The southern portion of the property will be under the jurisdiction of a Wildlife Management Area (WMA} where hunting would occur for small game. The DNR has been requested by the City of Hastings to limit the amount of public hunters for large game in this property. The DNR has informed the City of Hastings that they would issue a limited number of permits for large game hunters within this area. The number of hunting permits that has been discussed is ten. For a hunter to be eligible to hunt large game in this area, the DNR would conduct a training program to educate the potential hunter of the restrictions, boundaries, and other relevant issues surrounding large game hunting in this area. In the WMA portion of the property, the DNR will have at a minimum one conservation officer who will patrol the area of the Freitag property. Access to Propertv The DNR feels it is quite important to attempt to control access by motorized vehicles. With the realization of several entrance points, in order for the DNR to be successful, the hunters who will be hunting in this area will be asked to assist in monitoring and reporting illegal motorized vehicles. It is believed by the DNR that utilizing the conservation officer and cooperation from the hunters is an effective method, as they have had success in patrolling other areas in this manner. Civic Arena uatic Center ~i Youth First 2801 Ked Wing Blvd. 901 Maple Street 920 W 10`x' Street Ph: (651) 48E?=b195 Ph: (651)480-2;92 Ph: (651)480-6182 Fax: (651}437-4940 Fax: (651)437-5396 Fax: (651)437-5396 Parking Lot In discussions with the DNR about possible parking areas in this area, there are a couple of options. The DNR has proposed to possibly place a parking lot along 4~`_Street where the road bends to the south- There is a gate located in this spot at the present time. Another possibility is to place diagonal parking along 4a' Street utilizing a turnaround created by the Public Works Department. It has been discussed that either of these parking areas would serve both hunters and bikers as our trail develops. Trails During the discussion onuses of the Freitag property by the City and Department of Natural Resources, the conversation turned to possible pedestrian trails through this property. The DNR explained that there are no pedestrian trails allowed within the borders of a WMA managed area. Therefore, City Staff has examined a possible trail route utilizing 4~' Street and the potential outfall easement from the proposed waste water treatment plant. This proposed trail would not interfere with the WMA property. Ordinance Amendment I have enclosed a draft of the ordinance amendment you are being asked to consider today. This amendment would allow the discharge of firearms and bow and arrow within the Freitag WMA area, as managed by the DNR. It is the recommendation of the Parks and Recreation Committee of Council.and City Staffto approve the second reading of the attached ordinance and hold a Public Hearing on the ordinance amendment, and if considered, approve the adjustments to the City Ordinance. CITY OF HASTINGS, MINNESOTA ORDINANCE NO. ,THIRD SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING CHAPTER 130 OF THE HASTINGS CITY CODE PERTAINING TO PUBLIC PROTECTION, CRIMES, AND OFFENSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: Moved by Councitmember , asfol[ows: Chapter 130 of the Hastings City Code is hereby amended and Sections 130.01(D) and {F) are hereby deleted in their entirety and replaced as follows: (D) Exceptions. Division {C) above shall not apply to the discharge of firearms or fireworks by an organization or group of organizations authorized in writing by the City Council, and, as to discharge of firearms, division (C) above shall not apply to: 1.) A peace officer in the discharge of their duties; 2.) A person in the lawful defense of their person or family; 3.) A peace officer or a member of the Hastings Police Department or its reserves and the participants in a Firearm Safety Program approved by the Hastings Police Department; 4.) Individuals hunting for small game or wild turkey within the area designated and managed by the Minnesota Department of Natural Resources as the "Gores State Wildlife Management Area (WMA)" while the hunter is in compliance with all Minnesota Statutes and Rules for regulated harvest of wildlife and WMA use and provided that the method of taking is restricted to use of shotguns with fine shot (No. BBB or smaller diameter shot}; or 5.) Participants in Minnesota Department of Natural Resources administered Controlled Deer Management Hunts within the Gores State Wildlife Management Area (WMA) and State Aquatic Management Area (AMA}, as authorized in writing by the City Council and by the Commissioner of the Minnesota Department of Natural Resources, provided the hunter is in compliance with all current Minnesota Statutes and Rules for regulated harvest of wildlife and WMA and AMA use, including the provisions of the aforementioned Controlled Deer Management Hunts as to limits on the number of hunters, the length of the hunt and the use of shotguns with slugs_ (F) Use o, f Bow and Arrow It is unlawful for any person to shoot a bow and arrow except for: (1) participants in the Physical Education Program of a school supervised by a member of its faculty, a community-wide supervised class, or an event specifically authorized by the Chief of Police; or (2) any person who has been issued a valid archery hunting license by the Minnesota Department of Natural Resources for small game, deer or wild turkey harvest while hunting within the Gores State Wildlife Management Area (WMA), provided the permitted hunter is in compliance with all current Minnesota Statutes and Rules for regulated harvest of wildlife and WMA use. Council member moved a second to this Ordinance, and upon being put to a vote it was unanimously adopted by all Council members present. Adopted by the Hastings City Council on this day of 2008, by the following vote: Ayes Nays: Absent: ATTFST.• Melanie Mesko Lee, City Clerk CITY OF IIASTINGS Paul J. Hicks, Mayor I hereby certify that the above is a true and correct copy of the Ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the day of .2008, as disclosed by the records of the City of Hastings on f le and of record in the office. Melanie Mesko Lee, City Clerk