3.8 Firearms No Discharge Zoning Map
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Planning City Planner Licht June 26, 2023
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty
Wright County Sgt. Jason Oltmanns
3.8 – No Discharge Map
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
X Is a strong organization that is committed to leading the community through innovative
communication.
Has proactively expanded infrastructure to responsibly provide core services.
X Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of an update of the Firearms No Discharge Map
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No
No – held by Planning Commission on 5 June 2023
BACKGROUND/JUSTIFICATION:
The City of Otsego regulates the use of firearms within the City through Title 6, Chapter 3 of the City Code.
The City Code provides for designation of a Firearms No Discharge Zone within the City where use of
firearms for target shooting or hunting is prohibited. Section 6-3-2 of the City Code provides that the
Firearms No Discharge Zone is to be designated on a map approved by the City Council. The map is
updated from time-to-time as growth continues in the City to include areas of new development. Updates
are to be approved by the City Council and published prior to September 1 of each year or the prior map
remains in effect. The current Firearms No Discharge Zone Map was approved in 2021.
City staff has prepared proposed updates to the Firearms No Discharge Zone Map to include areas
approved for residential and industrial development. These changes are typically reviewed only by the
City Council. However, the City Council has received a request to consider expanding the No Discharge
Zone to include areas surrounding the Nashua Avenue and 85th Street intersection from an area property
owner. Due to the land use issues involved and to provide a formal process to consider public input on the
matter, the City Council Administrative Subcommittee directed that the Planning Commission conduct a
public hearing and make recommendations to the City Council on the proposed Firearms No Discharge
Zone Map.
A public hearing to consider the proposed Firearms No Discharge Zone Map was held at the Planning
Commission meeting on 5 June 2023. There were no comments regarding the general map updates
proposed by City staff. Residents Tim and Lynette Neutgens and Dennis McAlpine spoke in favor of
expanding the No Discharge Map to include their properties and other properties surrounding the Natural
Environment Lake at the southwest quadrant of Nashua Avenue and 85th Street. Shannon Ambrose, owner
of the lot east of the Natural Environmental Lake, spoke against expanding the Firearms No Discharge Zone
to include the area. The public hearing was closed.
The Planning Commission discussed the cause of the request and regulations for hunting. City staff noted
that the City has had to address similar issues adjacent to the Wild Life Management Area accessed from
Odean Avenue, south of 70th Street (CSAH 38). Minutes of the Planning Commission discussion are
attached for reference. The Planning Commission favored relying on enforcement of existing State law to
address future incidents, if any, rather than expansion of the No Discharge Area. The Planning
Commission voted 4-0 to recommend the No Discharge Zone Map be approved as recommended by City
staff. Commissioner Foster abstained from the vote as he was undecided with the best approach to
address the issue raised by the No Discharge Zone Map expansion request.
SUPPORTING DOCUMENTS ATTACHED:
▪ Planning memorandum dated 1 June 2023
▪ Draft Planning Commission minutes of 5 June 2023
▪ Resolution 2023-45
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to adopt Resolution 2023-45 approving an update to the Firearms No Discharge Zone Map.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A
N/A
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
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MEMORANDUM
TO: Otsego Planning Commission
FROM: D. Daniel Licht
DATE: 1 June 2023
RE: Otsego – City Code; Firearms No Discharge Map
TPC FILE: 101.01
BACKGROUND
The City of Otsego regulates the use of firearms within the City through Title 6, Chapter 3 of the
City Code. The City Code provides for designation of a Firearms No Discharge Zone within the
City where use of firearms for target shooting or hunting is prohibited. Section 6-3-2 of the City
Code provides that the Firearms No Discharge Zone is to be designated on a map approved by
the City Council. The map is updated from time-to-time as growth continues in the City to
include areas of new development. Updates are to be approved by the City Council and
published prior to September 1 of each year or the prior map remains in effect. The current
Firearms No Discharge Zone Map was approved in 2021.
City staff has prepared proposed updates to the Firearms No Discharge Zone Map to include
areas approved for residential and industrial development. These changes are typically
reviewed only by the City Council. However, the City Council has received a request to consider
expanding the No Discharge Zone to include areas surrounding the Nashua Avenue and 85th
Street intersection from an area property owner. Due to the land use issues involved and to
provide a formal process to consider public input on the matter, the City Council Administrative
Subcommittee directed that the Planning Commission conduct a public hearing and make
recommendations to the City Council on the proposed Firearms No Discharge Zone Map. A
public hearing to consider the proposed Firearms No Discharge Zone Map has been noticed for
the Planning Commission meeting on 5 June 2023.
Exhibits:
Proposed Firearms No Discharge Zone Map
Aerial map of Nashua Avenue and 85th Street area
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ANALYSIS
A goal of the City dating back to incorporation in 1990 has been managing growth of urban
residential, commercial, and industrial uses in an orderly manner so as to avoid prematurely
encroaching into rural areas. This approach is based on managing service delivery and
infrastructure needs for urban development in a fiscally responsible manner, but also serves to
protect land use compatibility and preserve areas of rural character. Thus, urban development
is concentrated within the Sewer District and Long Range Urban Service Area established by the
Comprehensive Plan with rural uses being continued in the Urban Service Expansion Area or
Rural Residential Preserve Area designated by the Comprehensive Plan.
Urban and rural land uses are regulated differently in terms of allowed an activities and
development. Rural areas are limited to a density of not more than one dwelling unit per acre,
are allowed to keep farm animals, have greater allowances for accessory structures with more
flexibility on construction and exterior finish, etc. The extent of these standards is
characteristic of rural areas. An additional topic addressed by the City Council in the mid-1990s
related the difference between urban and rural areas was use of firearms for target shooting
and hunting.
The City Council formed a citizens advisory committee to make recommendations on the need
for a firearms regulation in Otsego in response to complaints received about shooting near
developed areas in northeast Otsego and along the Mississippi River. The committee consisted
of 25 residents, including former Planning Commission members Ing Roskaft and Richard
Nichols, advised by former Councilmember Vern Heidner. The citizens committee over a
period of six to eight months researched firearms ordinances from 15 other cities, reviewed
applicable laws regarding hunting, and received input from the Wright County Sherriff, City of
Elk River Police Chief, and a DNR Conservation Officer. The citizens committee also reviewed
data regarding range and impact velocity of shotshells and bullets.
The recommendation of citizens committee was to designate the Firearms No Discharge Area
to as small an area as possible, limited to areas where residential development of one-acre lots
had occurred or areas planned for commercial and industrial development. The intent of the
citizens committee was to allow for a continuation of hunting in rural areas of Otsego subject
only to State laws regarding firearms use and trespass. The City Council approved the Firearms
Ordinance on 24 July 1995. The Firearms Ordinance has been amended previously to include a
prohibition on discharge of a firearm within 500 feet of an arterial or major collector street and
to make allowances for bow/arrow, which are defined as a firearm, on one or more properties
with a total area of 10 acres or more. The Firearms No Discharge Map has also been amended
over time to address expansion of urban development in Otsego.
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Below is a summary of relevant State regulations and the City Code regarding use of firearms in
Otsego outside of the designated Firearms No Discharge Zone:
State Regulations:
o A person may not enter legally posted land for outdoor recreation purposes
without permission.
o A person may not enter agricultural land for outdoor recreational purposes
without permission.
o On another person’s private land or a public right-of-way, a person may not
discharge a firearm within 500 feet of a building occupied by humans or livestock
without written permission of the owner, occupant or lessee of the building.
This does not apply to people hunting on their own property.
o A person may hunt from the water, a private shooting preserve, or from public
land that is within 500 feet of a building occupied by humans or livestock.
o A person may not discharge a firearm within 500 feet of a corral of one acre or
less confining livestock for the purpose of normal livestock holding or sorting
operations without permission. This does not apply to persons hunting during
an established season on state or local government owned land that is not road
right-of-way.
o A person may not would or kill another person’s domestic animal, destroy
private property, or pass through a closed gate without returning to the original
position.
City Code Section 6-3-3 (Outside of Designated No Discharge Zone) imposes the
following additional regulations on use of firearms and hunting within the City outside
of the designated Firearms No Discharge Zone:
o Target practice is allowed provided that a suitable backdrop is provided and the
discharge occurs at least 500 feet from all buildings unless owned by them or
with the owner’s written permission.
o Hunting using a single projectile (shotgun slug or bullet) is allowed provided that
the discharge occurs at least 500 feet from all buildings unless owned by them or
with the owner’s written permission.
o Target practice or hunting is allowed provided that a discharge occurs at least at
least 500 feet from any open pasture or feedlot unless owned by them or with
the owner’s written permission.
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o Target practice or hunting is allowed provided that a discharge occurs at least at
least 500 feet from any arterial street or major collector street defined by the
Comprehensive Plan.
o Target practice or hunting is allowed provided that a discharge occurs at least at
least 500 feet any public park.
Section 6-3-5.C of the City Code requires that persons under the age of 14 be accompanied by a
parent or adult guardian when carrying or discharging a firearm consistent with State rules.
Information below from the Texas Parks and Wildlife Department provides data regarding the
types of shotshells used for hunting and ranges. It must be noted that the range shown below
is a maximum distance; while the shot from a shotgun may travel the distances shown, its
effective lethal distance is much less.
Otsego’s regulation of firearms is consistent with regulations in Elk River, Rogers, and St.
Michael that allow for use of firearms and hunting within agriculturally zoned areas. Rogers
City Code does prohibit use of rifles with a caliber larger than .22 long-rifle, smooth-bore
muskets larger than .45 caliber, or rifled muskets larger than .40 caliber. Use of rifles for
hunting in Otsego is limited by State regulations, but such firearms could be used for target
practice with a suitable backdrop.
City staff has prepared a proposed Firearms No Discharge Map to include the pats of Anna’s
Acres, Jacobs Plat (Blue Dot), R+L Carriers, Prairie Pointe, Hunter Hills, Interstate Otsego, and
IOS Otsego. Roadways to be added to the Firearms No Discharge Map include Kadler Avenue
between 73rd Street and 95th Street (CSAH 39) and 70th Street (CSAH 38) east of Martin Farms to
Oakwood Avenue (CR 137).
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The City has also received a request to consider expanding the Firearms No Discharge Zone to
include the lots of the Carron Addition. This request is based on an incident(s) where a juvenile
residing on one of the lots abutting the natural environment lake discharged their shotgun in
the direction of another house across the public waterbody causing shotshell to fall on the
structure. The incident was responded to the Wright County Sheriff’s Office as a violation of
the law regarding use of a firearm and warnings were issued. The Wright County Sheriff’s
Office also has the option if there are future violations to issue citations.
City staff recommends that the Firearms No Discharge Zone Map not be amended to include
the properties within the Carron Addition given 1) the rural character of the properties and
surrounding area and 2) the ability to address the matter through other existing laws and
regulations. The Wright County Sheriff’s Office remains engaged with the involved property
owners to avoid any future incidents. Expanding the No Discharge Zone Map to include the
properties within the Carron Addition would not be consistent with the purpose and intent of
the Firearms Ordinance as it was established and implemented since adopted in 1995.
RECOMMENDATION
City staff recommends approval of an update of the Firearms No Discharge Map as presented.
POSSIBLE ACTIONS
A. Motion to recommend City Council approval of an update of the Firearms No Discharge
Map to be published by 1 September 2023, as presented.
B. Motion to table.
c. Adam Flaherty, City Administrator
Audra Etzel, City Clerk
David Kendall, City Attorney
Sgt. Jason Oltmanns, WCSO
C S A H 3 6TH 101C
S
A
H 42
CSAH 37
CSAH 37 O'DEAN AVENASHUA AVEMASON AVECSAH 39
CSAH 19KADLER AVE80TH ST
78TH ST
I-94
CSAH 37
70TH ST
85TH ST 0 1,250 2,500 3,750 5,000Feet
NO DISCHARGE OF FIREARM S Z ONE MAP
²
DATA SOURCES: WRIGHT CO UNTY SURVEY DEPT.,CITY OF OTSEGO & MnDNR
K:\cad_eng\PROJECTS\GIS\TPC\Otsego\\PDF\No Discharge of Firearms Zone Map
No Discharge Zone; No person may dischargeany firearm within the No Discharge Zone exceptas allowed by Section 6-3-2 of the City Code.
Outside of the No Discharge Zone, no person maydischarge a firearm within 500 feet of any buildingor livestock without the owner's written permission carried on their person in accordance with Section 6-3-4 of the City Code.
This map is published pursuant toTitle 6, C hapter 3 of the C ity Codeestablishing regulations pertaining to the discharge of firearms and hunting in the City of Otsego, Minnesota. For more information, pleasecall City Hall at (763) 441-4414.
Resolution 2021-58 adopted on 9 August 2021
MINUTES OF THE CITY OF OTSEGO PLANNING COMMISSION MEETING
JUNE 5, 2023
Page 4 of 7
Commissioner Jones asked if they would comply with to the requirement for the doors being
closed except when moving vehicles in and out of the service bays? Mr. Green said they will
comply with requirement from the approved conditions.
Chair Offerman wanted to know if there was an issue with having the doors open as long as
they are following the noise ordinance? City Planner Licht said that the requirement for the
doors being closed are intended to keep the noise inside the building and mitigate a potential
issue with noise. Mr. Green said the compression room has noise proofing.
Commissioner Jones said she has concerns with the aesthetics of the doors being open, in
addition to noise mitigation.
City Planner Licht that Tire Plus is subject to a requirement that the service bay doors remain
closed. The applicants for the Steph’s Garage PUD Concept Plan also said they would comply
with such a requirement.
Commissioner Foster asked about the type of services provided and average cost. Mr. Green
said the average services is about $600, including diagnosis.
Commissioner Foster asked if Target approved of the project. City Planner Licht the letter from
Target approving the proposed development under the private covenants is included in the
packet.
Commissioner Foster asked for confirmation that the owner/operator is on site. Mr. Green said
this is a franchise and the owner/operator will be on site and adhere to the corporate policies.
Commissioner Black motioned to recommend approval of a PUD Development Stage Plan for
Christian Brothers Automotive, subject to the conditions as stated in the planning report,
seconded by Commissioner Foster. All in favor. Motion carried 5-0.
3.3 Firearms No Discharge Map:
A. Amendment to the Firearms No Discharge Map.
City Planner Licht gave the planning report.
Chair Offerman opened the Public Hearing at 8:21 PM
Tim Neutgens, 13271 85th Street NE, said their home was hit twice in 2022 by firearms
discharge from the property to the east. Mr. Neutgens requested the area between 85th Street
and 83rd Street be included in the No Discharge Zone. Commissioner Kincanon asked if there
was damage to the building? Mr. Neutgens said there was no damage to the house.
DRAFT
MINUTES OF THE CITY OF OTSEGO PLANNING COMMISSION MEETING
JUNE 5, 2023
Page 5 of 7
Dennis McAlpine, 13355 85th Street NE, has lived in his home for 55 years and has been putting
up with hunters since living here. Mr. McAlpine said his home is 150 feet from the edge of the
pond and he would like protection for the homeowners that live in the area. Mr. McAlpine
requested that the area between 85th Street and 83rd Street be included in the No Discharge
Zone.
Lynelle Neutgens, 13271 85th Street NE, said she, Mr. Neutgens, and Mr. McAlpine have
addressed the City Council at previous meetings regarding their property. Ms. Neutgens said
the incidents that occurred were very alarming and she is not looking forward to the fall
hunting season as she does not feel safe on her property.
Shannon Ambrose, 8451 Nashua Ave NE, said (via on-line meeting) they bought their property
in a rural area with the intention to hunt and farm. Ms. Ambrose said they are currently not
hunting on the pond because they were unable to come to an agreement with the Neutgens.
Ms. Ambrose added she feels it is premature to include their property in the No Discharge Zone
as the area is still rural.
Chair Offerman closed the Public Hearing at 8:36 PM
Chair Offerman is a hunter noted the discharge rules are different when on a navigable public
water. Chair Offerman explained hunter’s rights in regards to harassment, and discussed some
options to legally discharge a firearms that apply regardless of the City’s regulations.
City Planner Licht said staff is not dismissing the residents’ concerns and the offender has been
talked to by the Wright County Sheriff’s Office; if further incidents occur the Wright County
Deputies have the ability to issue citations and have the violation prosecuted by the County
Attorney.
Chair Offerman said he is concerned about changing the No Discharge Zone in response to one
situation when other regulations can be used to address the issue.
Commissioner Foster asked when the hunting seasons start? Chair Offerman said the hunting
seasons are generally from September to the end of December.
City Planner Licht noted the smaller of two Wildlife Management Areas within the City has had
similar issues with shortfall, but the surrounding is still outside the No Discharge Zone.
Commissioner Kincanon motioned to recommend City Council approval of an update of the
Firearms No Discharge Map to be published by 1 September, 2023, as presented, seconded by
Commissioner Jones. Voting in favor: Jones, Offerman, Kincanon, and Black. Abstained:
Foster. Motion carried 4-0.
Commissioner Foster is abstaining due to being undecided. DRAFT
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CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2023-45
APPROVING AN UPDATE TO THE FIREARMS NO DISCHAGE ZONE MAP
WHEREAS, on Title 6, Chapter 3 of the City Code establishes regulations for the use of firearms within the
City; and
WHEREAS, Section 6-3-2 City Code provides for a map designating the areas within the City where no
discharge is allowed as regulated by Section 6-3-3 of the City Code;
WHEREAS, updates to the No Discharge Zone Map are to be adopted by September 1 each year or the
prior approved map remains in effect; and,
WHEREAS, City staff recommends updates to the No Discharge Zone Map to include properties approved
for development within the No Discharge Zone; and,
WHEREAS, the Planning Commission conducted a public hearing at their regular meeting on 5 June 2023
to consider the application, preceded by published and mailed notice; based upon review of the
application and evidence received, the public hearing was closed and the Planning Commission
recommended by a 4-0 vote that the City Council approve the updated Firearms No Discharge Zone Map
as presented by City staff; and;
WHEREAS, the memorandum dated 1 June 2023 prepared by the City Planner, The Planning Company
LLC, is incorporated herein by reference; and,
WHEREAS, the City Council considered the proposed No Discharge Map at their meeting on 26 June 2023.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT:
1. The Firearms No Discharge Map attached hereto as Exhibit A is adopted.
2. The adopted No Discharge Map shall be published in the Official City Newspaper, posted on the
official bulletin board at Prairie Center, and be made available on the City website.
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ADOPTED by the Otsego City Council this 26th day of June, 2023.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk