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HomeMy WebLinkAbout20081006 - VIII-C-2City of Hastings Parks & Recreation VIII• 920 W 100i St, Hastings MN 55033 Ph: (651) 480-6175 Fax (651) 437-5396 Web: www.ci.hastings.mn.us Date: 9/29108 `Creating Community Through People, Parks, and Programs To: Honorable Mayor and City Council From: Barry Bernstein, Parks and Recreation Director Subject: Freitag Property Purchase The Minnesota Department of Natural Resources and the Dakota County Farmland and Natural Area Program ha~-e been ~~-orking cooperati~-eh on attempting to purchase the entire 300 plus acres of the Freitag Property>. As a reminder of where this property is located ~titlun the City-, I have enclosed a map for your review. The City of Hastings has been notified by the Minnesota Department of Natural Resources that an agreement has been reached behveen the DNR and the property o~z ner for the purchase of the property by the DNR and Dakota County- Farmland and Natural Area Program. The proposed use and management of this property by the DNR is h~-ofold. On the map, you ~~ill see the northern portion of the property ~~-i11 be classified as an Aquatic Management Area ~~here limited use and restoration will occur. The southern portion of the property ~i-ill be under the jurisdiction of a Wildlife Management Area (WMA) ~i-here limited hunting ~a-ould occur. In order to secure this property, there are certain requirements associated `~-ith funding of the purchase of this property as a WMA. In a Wildlife Management Area, there must be some opportunities to publicly hunt ~~-ithin WMA areas. You «-ill see in the proposed ordinance amendment that portions of the Freitag Property ~t~ould allow for public hunting within City limits. Since a potion of this property that may be utilized for hunting lies within the city limits, the City- Council would need to amend the current city ordinance that restricts the discharge of firearms and bo«~ and arro~t-s in the City limits. This issue «~as discussed at the NRRC level on October 9, 2007 along with the Parks and Recreation Committee of Council on Juh 7, 2008 and both committees agreed in concept that it is important to secure this property for open space and public use. Both committees in principal approved the conditions outlined in the proposed ordinance. In addition, by allowing this new Wildlife Management Area on this property, it has been discussed Stith the DNR to eliminate the southern WMA that lies alongside of the Hastings Sand Coulee. The Department of Natural Resources is planning on managing the property as follo~i-s: • The DNR would issue permits to perspecti~-e hunters. • The DNR ~~-ould pro~~ide training as to the Freitag Property WMA regulations. • The DNR ~j~ould also provide a consen-ation officer for this area. • The DNR ~~-ould limit access to ATV's and other off road ~-ehicles. • ~ The DNR is proposing to place a parking lot at the end of 4"' Street. • The DNR ~t-ould control the access into this property pia roadway. • The DNR has discussed the possibility of placing cameras throughout this property to gather information as to any violators of the DNR regulations. ' I have enclosed a draft of the ordinance amendment for your review. The City Council is being asked to consider the ordinance amendment. It is the recommendation of the Parks and Recreation Committee of Council and City Staff to approve the first reading of the attached Ordinance and if considered, schedule a Public Hearing and the second reading at the October 20~', 2008 City Council meeting. Civic Arena Aquatic Center Youth First 2801 Red Wing Blvd. 9011VIaple Street 920 W l0ei 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 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 Councilmember , as follows: 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 of 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: , CITY OF HASTINGS Paul J. Hicks, Mayor ATTEST: Melanie Mesko Lee, City Clerk 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 file and of record in the office. Melanie Mesko Lee, City Clerk Freitag Property /Near Gores Pool WMA AREA A -Designate as State Aquatic ~/Ianagen~ent Area - loo hunting or `gapping AREA B -Designate as State ~Nildlife Management Area