RENG CITY COUNCIL AGENDA REPORT
To: Agenda Item No.:
Honorable Mayor and City Council Members Kay Kuhlmann, Council Administrator 9. 13. 2. Consider Action Related to the City -Wide 2016 Special Deer Hunt
March 28, 2016
Consider Motion to Eliminate Mississippi National Golf Links property from the deer hunt in exchange for signage and access agreements.
The City Council negotiated an agreement with Red Wing Municipal Golf Corporation in 2013 to operate the Mississippi National Golf Course. In the agreement, both parties agree that the primary purpose and use of the golf course is golf. The City reserved the right to determine if secondary purposes like cross-country skiing, hiking, and hunting would be permitted. In 2015 the deer hunt included portions of Mississippi National Golf Course for deer hunting after the conclusion of the golf season. Concerns raised by neighbors and the RWMGC Board were brought to the City Council and the hunt zone was modified to exclude a portion of the golf course. As a result of the deer hunt, several neighbors placed signs along the golf course that negatively impacted the golf course operation. In addition, property owners who have roads that allow for better access to the City' s well have indicated they may no longer allow transit on their private road if the deer hunt is continued.
In anticipation of the City setting the deer hunt zone, Council President Hove appointed an Ad -Hoc Council Committee of Dean Hove and Council Member Dan Munson. The Ad -Hoc Committee met
with Robb Rutledge and Al Zempke, representatives of Red Wing Municipal Golf Corporation, on February 25, 2016. Also in attendance were Tyler Quandt and Mike Tenney, representatives of the State DNR. An update on the deer census was presented by Mike Tenney. Robb and Al encouraged the City Council members to prohibit hunting on the course because of the signage and the threatened access denial.
Council President Hove felt that a fair compromise would be for the City to prohibit hunting in exchange for the property owners to agree to take down signs and for the access to be permitted in a written agreement. Staff was directed to prepare an agreement that could be signed by property owners who have frontage along the golf course where signs would be visible and the two individuals who control access to the City' s well along their private road. Nine property owners are listed on the agreement. The agreement was modified based on feedback from the property owners, and approval by Council President Hove and Council Member Munson and City Attorney Mace. The attached, modified agreement is attached. Attachments
Agreement to Prohibit Deer Hunting on the Mississippi National Golf Course i
The direction of the City Council Ad -Hoc Committee is different from the staff recommendation. The staff recommendation is to allow deer hunting on the Mississippi National Golf Links property. This is based on many factors as explained in the 9. B. 1. staff report. Council must determine whether to agree to the staff recommendation to allow deer hunting on Mississippi National Golf Links or agree to prohibit hunting on the Mississippi National Golf Links property in exchange for the signed agreement as recommended by the Ad -Hoc City Council Committee.
The agreement allows the City Council to change the deer hunt zone in the future to include MNGL. If this occurs, the City would be terminating this agreement, and would give 30 days' notice to MNGL and the individuals who signed the agreement.
The agreement did not get into the hands of the golf course representatives until Wednesday, March 23. A modification to the agreement was made Wednesday night and a final copy provided to the MNGL representative on Thursday, March 24.
The reason I point this out is to explain why a signed copy is not attached with the packet. Council President Hove was clear that he did not want to consider this agreement until a signed agreement
was provided to the City Council. Council will be asked to table the issue until the April 11, 2016, City Council meeting If a signed agreement is not available for the March 28 City Council meeting. Alternatives
The City Council has multiple options. They are: 1. Follow the recommendations of the Ad -Hoc Committee, approving the agreement and prohibiting deer hunting on the MNGL property. 2. Agree to prohibit deer hunting on the MNGL property without a signed agreement related to signage and access.
Table the matter.
Determine that deer hunting is authorized following the golf season.
Staff believes there is a deer problem in our community and that the deer hunt zone should be as broad as possible, while protecting the safety of residents. The Ad -Hoc Committee believes the agreement as written is a reasonable compromise that protects the image of MNGL.
AGREEMENT TO PROHIBIT HUNTING
ON THE MISSISSIPPI NATIONAL GOLF COURSE
THIS AGREEMENT TO PROHIBIT HUNTING ON THE MISSISSIPPI NATIONAL GOLF 2016, day of by and between the CITY OF RED WING, a Minnesota municipal corporation (hereinafter referred to as the " City"), and MS. SUZANNE JAQUISH; MR. MICHAEL ZIMMERMANN; MR. DANIEL SCHMIDT; MR. SCOTT FAIRBANKS; MR. LANCE KORSTEN; MR. LARRY LODERMEIER; MR. NICHOLAS LODERMEIER; MR. RANDY VEITH; and MR. LINKS (" Agreement") is entered into and effective the
DOUGLAS NOREEN (hereinafter collectively referred to as " Residents").
WHEREAS, the City has permitted hunting on the grounds of the Mississippi National Golf Links (hereinafter referred to as " MNGL") when the MNGL is closed for the season;
WHEREAS, the Residents have objected to such hunting and have requested that such activities cease;
NOW THEREFORE, in consideration of the promises and mutual obligations and covenants
contained herein, the sufficiency of which is hereby acknowledged and intended to be legally bound, the City and the Residents agree to the following: 1.
The City will not authorize or permit hunting on the MNGL at any time while this agreement is in effect.
The Residents will remove from t"heir property all signs facing or visible from the MNGL. The Residents may only display reasonable and appropriate signs necessary to identify private property. The Residents will not post any signs related to hunting.
Roads providing access to the MNGL, and which are on the property ofMR. DOUGLAS NOREEN (27538 Lehrbach Road, Red Wing, MN 55066), MR. SCOTT FAIRBANKS 2203 Twin Bluff Road, Red Wing, MN 55066), and MR. MICHAEL ZIMMERMANN
282190 U.S. Highway 61, Red Wing, MN 55066) may be used by the City and authorized agents of the City for the following reasons: a.
Access by utility companies, including the city limited to maintenance of city infrastructure; and
All of the Residents must sign below for this Agreement to be valid and enforceable. If,
at any time, a resident signatory to this agreement no longer holds an interest in property related to or affected by this agreement, a new agreement must be executed with the .
subsequent property owner within 30 days of the transfer. The Resident divesting his/her interest in property related to or affected by this agreement must provide the parties with prior written notice of the change in ownership. Failure of the subsequent property owner to execute an agreement will terminate this Agreement.
This Agreement will terminate immediately upon the failure of any party to abide by the terms of this Agreement.
The City may terminate this agreement for any reason upon thirty days' written notice. Written notice will be sent to parties at the addresses designated below. Any party may provide in writing a designation of an alternative address at which to receive notice.
This Agreement, including any attached exhibits, constitutes the entire, final and exclusive agreement between the parties with regard to the subject matter hereof, and
supersedes all prior written or oral understandings, representations and agreements by or between the parties relating thereto. This Agreement may not be amended, modified, released or discharged in whole or in part except by an instrument in writing signed by the parties hereto, their respective successors or assigns.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective, duly authorized representatives.
JAGU5r,4 2039 Creekview Court
CITY OF RED WING, MINNESOTA Public Worlcs
Red Wing, MN 55066
229 Tyler Road North
Red Wing, MN 55066 aignauHe
By: Its Mayor
28210 Highway 61 Boulevard RIdWn ,
By: Its Council Administrator
Its City Clerk
DANIEL SCHMIDT 1102 Peaceful Ridge Road
Signature SCOTT FAIRBANKS
2203 Twin Bluff
in , MN
oad 5 6
LANCE KORSTEN Red
ing, INM 5S0'66
LARRY LODERMEIER 27765 Lehrbach Road
Red Wing, MN 55066
NICHOLAS LODERMEIER 27503 Lehrbach Road
Red Wing, MN 5066
Signature RANDY VEITH
26809 Lerhbach Road
Red Wing, MN 55066
DOUGLAS NOREEN 27538 Lehrbach Road
Red Wing, MN 55066