9.7. SR 09-21-2020
Request for Action
To Item Number
Mayor and City Council 9.7
Agenda Section Meeting Date Prepared by
Work Session September 21, 2020 Michael Hecker, Parks and Recreation Director
Item Description Reviewed by
Hunting Ordinance Amendment to Close the GNT Cal Portner, City Administrator
during firearms season
Reviewed by
Action Requested
Discuss and provide direction regarding a hunting ordinance amendment to close the GNT Great
Northern Trail for annual firearms season.
Background/Discussion
Chief Nierenhausen updated the City Council on September 8 on the city’s hunting ordinances. Current
ordinance does not allow hunting within 500 feet of a city park or trail. Joe Bodnar, a property owner
adjacent to the GNT heard that hunting ordinances were being discussed and had safety concerns he
brought to the Parks and Recreation Commission Meeting.
Mr. Bodnar feels the trail should be closed for the nine days of the firearms season. In 2010, the
Commission recommended the GNT be closed. Under Chiefs Beahan and Rohlf, volunteers posted signs
stating, “Closed by the Order of the Police Chief”. Chief Nierenhausen does not believe this is legally
enforceable and would prefer ordinance language.
The Commission, by consensus, recommended the Council close the GNT through an ordinance as part
of the overall city hunting ordinances. The firearms season this year is November 7-15, 2020.
Financial Impact
N/A
Attachments
Parks and Recreation Commission Minutes July 14, 2010
GNT area map
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Park & Recreation Commission Minutes Page 3
July 14, 2010
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7.1.B. City Park Hunting_Policy
Recreation Manager, Steve Benoit shared the current hunting ordinance and
recommended the following changes: Not allow hunting, unless with a special
permit, within 500 feet of any city park or trail year round.
Chief of Police, Jeff Beahen stated that this would be a good solution for the private
property that is adjacent to the new trail section. Property owners can get a license
after going over property details with the officer issuing hunting permits.
Elk River Resident, Tom Bodnar, 12738 217' Ave. shared that he is concerned
about the zoning laws place on the property and that they have always hunted inward
on their property, never towards the Great Northern Trail. He would like to co -exist
with people using the trail system and is concerned about those who trespass and
litter onto their private property which is posted.
Elk River resident, Rose Allison, 21380 Vernon St. shared that her concerns are of
other trail users not behaving properly on trail and trail users are not wearing blaze
orange during any hunting season. She would like the commission to consider
closing the trail for at least the 9 day firearms hunting period.
Commissioner Anderson stated that the people who litter and trespass are a small
minority out of the users on the trail system.
Mr. Bodnar stated that unleashed dogs are a huge problem on the trail system and
run onto his property.
Elk River resident, Dale Wagner, 21546 Vernon St. agreed that majority of dogs are
unleashed and cause a problem with people going onto private property.
Commissioner Niziolek asked if it would be successful to close the trail for 9 days of
firearms hunting season.
Chief Beahen shared that if the issue is about safety, then yes closing the trail for the
9 days by using barricades and signs would help in keeping people safe during
hunting season.
Commissioner Jaker asked what is the science behind the amount of feet listed in the
ordinance.
Chief Beahen stated that the ordinance mirrors the state statute.
Commissioner Anderson asked if trail was not closed would hunting be allowed by
permit.
Chief Beahen stated the Officer Dummer would inspect property and hunting stands
etc. with the property owner before a permit is issued.
Park & Recreation Commission Minutes page 4
July 14, 2010
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Commissioner Anderson shared that in his opinion people should apply for a permit
to hunt and chief can decide and in addition recommend closing the trail for 9 days
of the firearms season.
Commissioner Peterson asked if it would be a problem to restrict hunting on the
private property to only family.
Mr. Bodnar shared that it is only family that hunt on his property.
MOVED BY COMMISSIONER NIZIOLEK AND SECONDED BY
COMMISSIONER NYSTROM TO RECOMMEND TO CITY COUNCIL
TO ALLOW HUNTING WITHIN 500 FEET OF CITY PARK/TRAIL BY
PERMIT ONLY DURING HUNTING SEASON AND CLOSE THE
TRAIL FOR 9 DAYS OF THE FIREARMS SEASON.
Mr. Bodnar asked if this would affect bow hunting.
Chief Beahen stated that bow hunting is looked at differently.
Commissioner Niziolek asked if the trail could be closed at the cul-de-sac area.
Chief Beahen stated that orange fencing going across the whole width of the Great
Northern Trial would work to close it off.
Commissioner Karlsen recommended to amend the current motion to say closing of
Great Northern Trail to coincide with firearms season dates to be determined by the
city.
Chief Beahen suggested to be determined by the police since they know who have
permits.
Commissioner Nystrom withdrew the motion.
MOVED BY COMMISSIONER NIZIOLEK AND SECONDED BY
COMMISSIONER NYSTROM TO RECOMMEND TO CITY COUNCIL
TO ALLOW HUNTING WITHIN 500 FEET OF CITY PARK/TRAIL BY
PERMIT ONLY AND CLOSING OF TRAIL, LOCATION
DETERMINED BY THE JURSIDICTION OF THE POLICE
DEPARTMENT FOR 9 DAYS OF THE FIREARMS SEASON. MOTION
CARRIED 6-1.
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