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HomeMy WebLinkAbout08/07/1980 • • CITY OF APPLE VALLEY URBAN AFFAIRS COMMITTEE MINUTES AUGUST 7, 1980 PRESENT: Committee members Shirley Doering, Fred Metry, John McKay, Gloria Deters, Staff inember Rick Kelley. ABSENT: Hank Myers, Sharon Schwartz, Carol Hein. Meeting was called to order by John McKay at 7:40 p.m. Correction to July 17, 1980 minutes is as follows: Item 2) "common property" to "private property". MOTION: from G. Deters, seconded by F. Metry, to approve July 17, 1980 minutes as amended. YES- 4, NO- 0. J. McKay called for comments from persons attending the meeting for the purpose of reviewing the gun control ordinance. Sid Sanford, a representative of United Sportsman of Minnesota, pointed out several areas in the Ordinance Regulating Firearms and Other Devices which he felt should be brought to the attention of the Committee for the purpose of possible changes. Zhey are as follows: Sec. 4.4. 1 Transportation of Firearms and Bows and Arrows: Sixth line "in the trunk of a car with the trunk door closed". . . is not the language used by State regulations. It is termed, rear most portion, etc. "fhis inconsistency could cause a problem if firearms are being transported by hunters driving through App1e Valley in a pick-up truck. Sec. 4.4.2 - transportation in a boat conflicts with State regulations. Sec. 5.5. 1 Possession, Certain Minors: Inconsistent with age as provided for in safety training. Sec. 5-5•3 - State training act refers to age of 12, therefore ages of 14 and 16 of Apple Valley's ordinance is inconsistent. Sec. 5•5.4 - As stated, seems to prohibit minors for safety training. It was suggested an additional statement be included such as "except as for Sec. 5.5•2", etc. F. Metry commented Sec. 5.5.4, was not meant to prohibit safety class handling of ammunition, however, Sanford commented as tfiis Section now stands, two written authorizations would be needed for a minor to enter safety training classes. Sanford also pointed out Sec. 6.6. 1 (1-5) are covered by State and Federal laws and if it is the intention to restate laws, they should be verbatim quotations. Also in-depth language is important regarding silencers as this offense would be a federal offense. Resident Erwin Ulrich would like to retain the right to use a firearm for control of predators on his property. He suggested a clause be included which would distin- guish between use of firearms for this purpose. Staffinember Kelley pointed out the use of blank cartridges are allowed as noted in Sec. 2.2. 1 Definitions. Walt Haussner, resident of Apple Valley, pointed out that unless a permit is applied for, there is no provision for occasional use of air rifles, pellet guns, etc. , within the confines of one's basement; allowing for proper target precautions. He feels the permit process is cumbersome. • • Urban Affairs Committee Minutes -2- August 7, 1980 McKay commented an advisory member of the Police Dept. said there would have to be specific cause to check on or investigate this type of use--Specific complaints regarding the use of firearms in this manner would have to be logged before any action would be likely to be taken. It was suggested Haussner obtain a permit for this purpose. Metry asked for a differentiation between a homeowner's basement or garage when using firearms in this manner. Haussner referred to an earlier discussion in which it was stated that proper precaution and backstops are used whether in a garage or basement, but that a basement would be better because of the concrete and dirt protection. McKay asked Kelley if he was aware of any language covering this situation in the State law to which the latter answered "no". Naussner restated he would be in violation of the City Ordinance if adopted as it now reads. Sanford pointed out that Sec. 3•3•3 Discharge Prohibited, when restated in its entirety, make provisions for this situation and recommended the current language be stritced and the complete;Section, verbatim, be included in the Ordinance. Ulrich intervened questi�oning if the language, as stated in the State regulations, would allow him to shoot predators. Apple Valley resident, L.j�rd�i.a Ardoyno feels there is a need to change the existing firearm ordinance and asked when the deadline was or is for this ordinance. McKay stated the ordinance was scheduled to pass four months ago and it was the Committee' s intent to resolve the issue before the upcoming hunting season. Ulrich asked what the Cities of Eagan, Empire and Burnsville were doing about the new State laws, if anything. Kelley pointed out the last changes for Eagan and Empire were in 1973 and 1970 for Burnsville, which outdates their present ordinances. McKay thanked the persons in attendance for their comments and closed the discussion. GARBAGE SURUEY DISCl1SSI0N Deters summarized a survey presented to the Council by garbage haulers in which a 50% response was obtained and 80i were in favor of curb pick/up. As this would involve districting of the City, the Council would like to include a survey in the water bills regarding this issue. A sample draft of the survey was presented to the Committee by Deters for the purpose of revisions. The draft survey will be presented to the Council for final approval and action. Committee recommendations for the draft are as follows: 1) Eliminate item #1 or state that the City would be divided into districts and not ask for a choice of this in the survey. . • Urban Affairs Committee Minutes -3- August 7, 1980 Recommendations for changes to the sample draft continued: 2) Item 1 could state "No Change". Committee felt this should be listed first. 3) Careful consideration as to the wording and tone of the survey should be taken so as not to mislead the real issues. This draft will be brought before the Council for review at the August 14th meeting and haulers comments and suggestions have also been requested. MOTION: by Metry, seconded by Doering for adjournment at 8:35p.m,