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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, 136 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 137 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. 138 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. 139 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