ITEM 5.1 Moriarty FirearmsI P
OtSegTY
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MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT REQUESTOR:
MEETING DATE:
Planning City Planner Licht
9 October 2017
PRESENTER(s) REVIEWED BY:
ITEM #:
City Planner Licht
5.1— Moriarty Firearms
AGENDA ITEM DETAILS
RECOMMENDATION:
The Administrative Subcommittee recommends no change to the No Discharge Map approved by the City
Council.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
No
BACKG RO U N D/J USTI F I CATI O N:
Mr. Paul Moriarty owns the property at 10940 95th Street consisting of three parcels totaling 25.88 acres,
which he acquired in December 2011. The property is located between the Island View Estates subdivision
and Riverwood Inn and Conference Center. There is also a parcel developed with a single family lot and an
undeveloped parcel to the south. The property is included in the No Discharge Zone designated in
accordance with Section 5-2-7 of the City Code. Mr. Moriarty is requesting the City Council exempt the
property from the No Discharge Zone.
The No Discharge Zone is established to protect public health safety and welfare regulate the use of
firearms within urban or suburban areas of Otsego. The subject site was included in the No Discharge
Zone due to proximity of adjacent residential lots and the Riverwood Inn. A Firearm is defined by the City
Code as any device that discharges a single projectile by explosive action or spring, elastic band, or
pressurized gas, and includes shotguns, rifles, pistols, bows, and crossbows. Use of firearms is prohibited
except for uses provided for by Section 5-2-3 of the City Code. Modifications to the No Discharge Map are
subject to review and approval of the City Council.
The Moriarty property and Riverwood Inn were not included in the No Discharge Zone prior to 2010. After
2010 and including the current No Discharge Zone map, The area east of Island View Estates up to the east
property line of Riverwood Inn has been included in the No Discharge Zone. Mr. Moriarty wishes to hunt
waterfowl, turkey, deer and possibly small game like rabbits on his property. The kind of firearms Mr.
Moriarty would intend to uses would primarily be 12 and 20 gauge shotguns, .22 rimfire riles, and archery.
Section 5-2-3 of the City Code would not allow hunting upon the property with shotguns or rifles, but an
archery permit may be obtained at no cost subject to Section 5-2-31 of the City Code.
If the property were not included in the No Discharge Zone, hunting by firearm would be allowed subject to
a minimum 500 foot separation distance from any buildings on adjacent properties unless the hunter
carries written permission from the abutting property owner on their person. The attached map indicates
a 500 foot buffer from the lot lines of the abutting residential properties and Riverwood Inn property
adjacent to the Moriarty property. The buffered area shown on the map is overstated given that the
measurement is from property lines and not buildings. The residential dwelling to the west of the
Moriarty property is approximately 200 feet from the common lot line, the residential dwelling to the
south of the Moriarty property is approximately 30 feet from the common lot line, and the closest building
on the Riverwood Inn property is 360 feet from the common lot line. Mr. Moriarty also notes the change
in elevation from the subject site to adjacent properties, shown on the attached topography map, which
ranges between 70 to 90 feet.
Mr. Moriarty's request to exempt his property from the No Discharge Zone was discussed by the
Administrative Subcommittee at their meeting on 13 September 2017. The Administrative Subcommittee
did not support the request to amend the No Discharge Zone to exempt the Moriarty property as:
■ Proximity of homes to the west and south.
■ Unknown future use of Riverwood Inn to the east
■ Opportunity to hunt by issuance of an archery permit.
■ The property was in the No Discharge Zone when purchased by Moriarty.
The City Council discussed the request at their meeting on 25 September 2017. The issue was tabled to
allow City staff to contact the DNR regarding use of firearms upon the Mississippi River and DNR owned
island. City staff spoke with Conservation Officer Rick Reller on 3 October 2017. Officer Reller said that
use of firearms upon the Mississippi River within the boundaries of the City (which extend beyond the
OHWL) are subject to regulation established by the City. Note that the current No Discharge Zone Map
designation does not extend into the Mississippi River, making use of firearms upon the water allowed.
Conservation Officer Reller also stated that the publicly owned islands near the subject site, which are
located in Sherburne County, are designated "natural and scientific" and that hunting is not allowed upon
them.
I SUPPORTING DOCUMENTS ATTACHED: I
■ Letter dated 8-22-17 by Paul Moriarty
■ No Discharge Zone map
■ Site location map
■ Site location map with topography
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to approve amend the Firearms No Discharge Zone established by Section 5-2-7 of the City Code to
exclude PID 118-800-141101 and 118-800-141100 as requested by the property owner.
Or,
Motion to deny the request of the property owner to amend the No Discharge Zone established by Section
5-2-7 of the City Code to exclude PID 118-800-141101 and 118-800-141100.
BUDGET INFORMATION
FUNDING: BUDGETED:
NA
Dear Council Members,
I am writing to the city Council in hopes that they would consider a boundary revision to exclude
two adJoining parcels that I own from the "No Discharge Zone" for the purpose of hunting with firearms
in a safe and responsible manner. In 2009 and prior, these parcels were not included in the "No
Discharge Zone as shown on the attached map. Also, please note that these parcels are roughly 80 feet
lower in elevation from the surrounding area/population which will act as a natural back-stop/buffer
providing additional safety when a firearm is discharged. All Federal, State and City codes 5-2-4 will be
followed.
The properties are located at 10830 95`h St. N.E. and 10940 95`h St. N. E.
Thank you for your consideration in this matter,
Paul Moriarty
763-439-9178
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