HomeMy Public PortalAbout08/25/93 Special CCM135
MINUTES
The City Council of Medina, Minnesota met for a special meeting on
August 25, 1993 at 7:30 p.m. in the City Hall Council Chambers.
Present: Councilmembers John Ferris, James Johnson, Ann Thies,
Philip Zietlow and Mayor Anne Theis.
Absent: Councilmember Johnson until 7:50 p.m.
Also Present: Police Chief Rick Rabenort, City Attorney Ron Batty,
and Clerk -Treasurer Jeff Karlson.
1. THORPE DISTRIBUTING - FINAL PLAT APPROVAL
Moved by Ferris, seconded by Zietlow, to adopt Resolution No. 93-
57, "Resolution Granting Final Approval of a Plat for Thorpe
Distributing Company."
Ayes: Ferris, Thies, Zietlow and Mayor Theis. Nays: None.
Resolution No. 93-57 adopted on a 4-aye and 0-nay vote.
2. THORPE DISTRIBUTING - AMENDED CONDITIONAL USE PERMIT
Moved by Thies, seconded by Ferris, to adopt Resolution No. 93-58,
"Resolution Granting an Amended Conditional Use Permit to Thorpe
Distributing Company."
Ayes: Ferris, Thies, Zietlow and Mayor Theis. Nays: None.
Resolution No. 93-58 adopted on a 4-aye and 0-nay vote.
3. PUBLIC HEARING ON AN AMENDMENT TO THE CITY'S ORDINANCE
REGULATING THE DISCHARGE OF FIREARMS
Police Chief Rabenort displayed a map of Medina which marked areas
of Medina where the discharge of firearms could be prohibited.
City Attorney Batty pointed out changes in the latest draft of the
proposed amendments to the code of ordinances regulating the
discharge of firearms. Batty said the most significant changes
were in Section 320.07 which stated that the discharge of a high
powered firearm above a .22 caliber rim fire is prohibited except
for the purpose of destroying a predator or nuisance animal and in
Section 320.11 which stated a person could not discharge a firearm
within 100 yards of any property line, with a few exceptions.
Mayor Theis said that safety was the primary concern of the
council. Mayor Theis opened the public hearing for comments from
residents.
Martin Schneider, 1235 Hunter Dr., said that instead of blocking
out chunks of land for prohibition, the council should establish a
setback that is considered safe, such as the proposed 100 yard
setback.
Tom Martin, 440 Pheasant Ridge Rd., said it seemed arbitrary to
block out the southeast quadrant when there were other more densely
populated areas. Martin said the issue may not be one of safety,
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but one of residents who simply do not like hunting.
Councilmember Ferris said the council was addressing the safety
issue and was not holding the hearing to consider other issues.
Councilmember Zietlow pointed out that the police department
conducted a field test in which shotgun slugs, pellets and birdshot
were fired into heavy corrugated cardboard from a distance of 25
yards, 50 yards and 100 yards. The test clearly revealed that
shotgun discharges could do a lot of damage at 100 yards or less.
Alison Winkler, 630 Shawnee Woods Rd., said hunters living outside
of Medina should not be allowed to hunt in Medina because they do
not know the area or what is behind their target. Winkler added
that many people hunt without permission from the landowners.
Police Chief Rabenort said the city issues approximately 400
hunting permits a year to people living outside of Medina.
Marc Whitehead, Orono, supported the idea that neighbors should be
able to cooperate to solve any problems that occured over firearm
use. Whitehead said Medina already had an animal problem which
would worsen if too many restrictions were placed on the discharge
of firearms. Whitehead said the ordinance should differentiate
between bird hunting and deer hunting. He suggested a setback of
50 yards for bird hunting. Whitehead said a provision could be
written into the ordinance requiring that hunters not shoot in the
direction of abutting properties.
Councilmember Zietlow asked how the city would enforce such a law
if hunters discharged a firearm toward someone else's property.
Zietlow said it was unrealistic to think that a hunter would abide
by this when tracking a bird in the air.
Terry Kingston, 1950 Meadowwoods Trail, said when the Meadowwoods
Farm Homeowners Association initiated a petition to prohibit
firearm use in residential areas the primary concern was the
health, safety and welfare of Medina residents. Kingston said the
underlying theme was "the greatest good for greatest number of
people."
Paul Herrmann, 1248 Hwyway 55, asked what impact the ordinance
amendments would have on the shooting of clay pigeons. Herrmann
said it is much easier to control the direction of the discharge
when shooting clay pigeons. He said the 100 yard setback seemed
capricious.
Steve Schmit, 1045 Medina Road, said the existing ordinance
protected the citizens of Medina adequately and he saw no reason to
change it.
Larry Alan, 2820 Willow Dr., said when the use of one's property
infringes upon the use of another's property, it infringes upon the
rights of the other person trying to enjoy his property. Alan said
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no shotgun discharge should be able to fall on his property. He
added that if a shotgun slug can carry over a 100 yards, than the
100 setback should be increased.
Paul Herrmann said Medina had a wildlife crisis.
Councilmember Ferris said he had numerous deer on his property that
needed to be harvested, but reiterated that the issue was safety
and not the proliferation of wildlife.
James Wessin, 1152 Hamel Road, said he had a woodchuck problem and
a .22 caliber was not powerful enough to kill them except at close
range.
John Harnett, 1825 Meadowwoods Trail, said he also had a problem
with woodchucks. He opposed having restrictions placed on certain
designated areas which could include land that would be safe to
hunt on.
Carl Phillips, 1845 Buckskin Dr., said the council should establish
a safety zone with appropriate setbacks and leave it at that.
Joan Arnold, 1545 Hunter Dr., said hunters assume a risk and
property owners should not have to assume the risk of a firearm
being discharged near their land.
Connie Gotthilf, 1200 Willowbrook Dr., said Medina residents should
be free to enjoy all the trails in Medina without being afraid for
their safety because of firearms being discharged all around them.
Bob Clarke, 1234 Highway 55, said their are plenty of state and
county parks that are multiple use parks where people hunt all the
time without any incidents.
Tom Martin agreed that no property owner should assume any risk but
he added that it was arbitrary to block out an area of land and
prohibit firearm use in that whole area. Martin said the setbacks
should address the issue.
Stacy Arnold, 1545 Hunter Dr., said reducing the proposed setbacks
would endanger people's lives.
Larry Alan said the setbacks should be far enough that no one would
be endangered, especially children.
Martin Schneider said it's a misconception that children are
endangered when hunters are around. Schneider said if hunters are
not aware of what's around them, then they should not be hunting.
Councilmember Ferris said every time a firearm is discharged, there
is an element of risk. Ferris said discharging a firearm is a
dangerous activity no matter where it occurs. He added that the
council was trying to balance the element of risk.
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Councilmember Zietlow said the whole point of the issue was to
minimize the risk.
Mark Christopher, 1795 Meadowwoods Trail, said hunting does
sometimes get out of control. Christopher said the issue was not
one of responsible people versus irresponsible hunters, but of
safety. He said the council had had adequate time to make a
decision and to delay any action would be irresponsible on the
council's part.
Moved by Ferris, seconded by Thies, to close the public hearing at
9:20 p.m.
Motion carried unanimously.
City Attorney Batty said the council could address the whole issue
by writing it into the ordinance rather than trying to illustrate
the problem on a map.
Councilmember Ferris agreed that the issue should be addressed in
the ordinance.
Councilmember Thies said the council should abandon the map and go
with the language in the ordinance.
Councilmember Johnson said he was opposed to the idea that the
setbacks be reduced for birdshot with a provision added that
hunters point their discharge away from another's property line.
Councilmember Ferris said a 500 foot setback for the discharge of
a shotgun slug seemed reasonable.
Councilmember Zietlow suggested firearm use be prohibited in urban
residential and suburban residential areas.
Mayor Theis said she did not favor a change in the permitting
process which would require a person to have written permission
from a landowner before obtaining a hunting permit.
Moved by Zietlow, seconded by Ferris, to adopt Ordinance No. 277,
"An Ordinance Amending Section 320 ET SEO. Relating to Hunting and
Discharge of Firearms," which includes the following amendments:
1. Section 320.25, new Subd. 11 - A definition of "urban
areas" meaning residential areas zoned urban residential or
suburban residential. Firearm use will be prohibited in
urban areas.
2. Section 320.07 - The inclusion of a shotgun (described as
firearm) for the purpose of killing a predator.
3. Section 320.11 - A provision that any firearm discharging
a shotgun slug must be 500 feet away from any property line.
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4. Section 320.13, Subd. 1 - A person must have written
permission from a landowner before a hunting permit is
granted.
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays:
Mayor Theis objected to the change in Section 320.13 requiring that
a person provide written consent from a landowner before obtaining
a hunting permit.
Ordinance No. 277 was adopted on a 5-aye and 0-nay vote.
4. ADJOURNMENT
Moved by Ferris, seconded by Thies, to adjourn the meeting at
9:57 p.m.
Motion carried unanimously.
ATTEST:
Jef
Anne E. Theis, Mayor
Ka�rlson, Clerk -Treasurer
August 25, 1993