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HomeMy WebLinkAboutMay 28, 2003 CITY OF COLUMBIA HEIGHTS PARK & RECREATION COMMISSION AGENDA KEYES ROOM, JOHN P. MURZYN HALL WEDNESDAY, MAY 28, 2003 6:30 P.M. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 706-3611, to make arrangements. (TDD/706-3692 for deaf only). 1. ROLL CAI/. CONSENT AGENDA All items listed with asterisks (****) are considered to be routine by the Park & Recreation Commission and will be enacted as part of the consent agenda by one motion. 3. (****) APPROVAL OF APRIL 23, 2003 MINUTES 4.(****) APPROVAL PAYMENT OF BII I.S LETTERS AND REQUESTS There are no letters or requests at this time. 6. OLD BUSINESS A. UPDATE ON THE SULLIVAN LAKE BENCHES Following the letter that was sent out approximately four weeks ago, Public Works has received interest from five parties for donating six of the eight park benches. The Public Works Director will provide a listing of the individuals or businesses that have expressed an interest in donating park benches at Sullivan Lake Park. B. SILVER LAKE BEACH Three Rivers Park District may be interested in purchasing or leasing the Silver Lake Beach property, which is adjacent to the Salvation Army Camp. NEW BUSINESS A. MINNESOTA TWINS GRANT APPLICATION Attached is information regarding the Minnesota Twins Ball Field Grant application. The Parks Department is recommending application for improvements to be made for Keyes gl baseball field. PAGE TWO o o Co MCKENNA PARK POOL SHELTER MODIFICATIONS Attached is information regarding the McKenna pool shelter modifications. The Parks Department is requesting approval to remove the McKenna Pool Shelter roof, which was constructed in 1969. "CONCEAL AND CARRY LAW" - WHAT IT MEANS FOR JPM Do Attached is the Minnesota Citizens' Personal Protection Act for 2003. The Park and Recreation Commission needs to discuss what impact this law will have on Murzyn Hall. 2003 JAMBOREE FIREWORKS DISPLAY Attached are two proposals for the 2003 fireworks display. The first proposal is from Melrose Pyrotechnics, Inc., who have done the fireworks display for the past several years. The second proposal is from Premier Pyrotechnics, Inc. of Crookston Minnesota. REPORTS A. Recreation Director B. Public Works Director/City Engineer C. Commission Members ADJOURNMENT P&RCOMM: AGENDA-MAY03 City of Columbia Heights Park and Recreation Commission April 23, 2002 The meeting was called to order by Eileen Evans at 6:35 p.m. ROLL CALL Members present: Eileen Evans; Jerry Foss; Tom Greenhalgh; Matthew Henry; Bruce Kelzenberg; Gary Mayer; David Payne; Keith Windschitl, Recreation Director; Kevin Hansen, Public Works Director/City Engineer Members absent: Bill Peterson APPROVAL CONSENT AGENDA Motion to approve consent agenda by Foss; second by Greenhalgh. All ayes, motion carded. LETTERS AND REQUESTS REQUEST FEES WAIVED BY SISTER CITIES INTERNATIONAL Commission Chairperson, Eileen Evans, informed the Commission of the Sister Cities International request for fees to be waived for a spaghetti supper to be held on Sunday, June 1, 2003. Motion by Foss, second by Henry to charge a $40 entry fee and $15 per hour. All ayes, motion carried. Commission Chairperson, Eileen Evans, read the request from the Columbia Heights Community Prayer Breakfast committee requesting fees waived for the Mayor's Prayer Breakfast to be held on Wednesday, May 14, 2003. Motion by Mayer, second by Payne to waive all hall rental fees. All ayes, motion carried. OLD BUSINESS MATT TOWNSEND, HIGH SCHOOL ACTIVITIES DIRECTOR, WILL BE PRESENT TO DISCUSS LACK OF GYM SPACE Matt Townsend, Columbia Heights Activities Director, addressed the issue of lack of gym space throughout the city of Columbia Heights. His concerns are that the up and coming youth trying out for varsity level sports will not have the skills necessary to compete at that level. The lack of time for practices may deter potential new residents from coming to the community and that there will be a loss of feeder programs. He would like to brainstorm to see how it may be possible to get a facility for our youth with gym space. PAGE TWO Commission Chairperson, Eileen Evans, stated that she understands the situation and made mention to the referendums that have failed in the past. She also believes that the school needs to be involved and present this issue to the parents. The Commission Members inquired on where the new facility would be built and where the finances would be generated. Eileen asked what happened to Lomianki Park South property. Bruce Kelzenberg said nothing has happened with South Lomianki. Jerry Foss asked about the sale of North Lomianki if the money has been designated to parks as the Park and Recreation Commission had recommended. Bruce Kelzenberg stated that he felt the proceeds from the sale of North Lomianki would be put back into parks but they have not designated as of yet. It was decided that a committee would need to be formed involving the Columbia Heights School District, the community, and Columbia Heights Recreation. Commission Members Jerry Foss; David Payne; and Tom Greenhalgh volunteered to be on the new committee. Motion by Greenhalgh, second by Payne to have the Columbia Heights Activities Director, Matt Townsend and the Recreation Director, Keith Windschitl form an active new committee to look at the possibilities of creating a facility with additional gym space. All ayes, motion carried. NEW BUSINESS UPDATE ON COLUMBIA HEIGHTS JAMBOREE Recreation Director, Keith Windschitl, informed the Commission that the Columbia Heights Jamboree has several changes this year. The Jamboree will be running from Wednesday, June 25, 2003 through Sunday, June 29, 2003. The changes are as follows: Friday, June 27, 2003 will be the parade following the old route; Saturday, June 28, 2003 will be the Columbia Heights Charity concert headlining SHeDAISY; Sunday, June 29, 2003 will be the fireworks display. Beer gardens will run until the fireworks begin at dusk. REPORTS RECREATION DIRECTOR Recreation Director, Keith Windschitl, informed the Commission on the research he has done concerning pull-tab operations. The City of Blaine requires 10% of the net profits be given back to the City from any pull tab operations in Blaine. Commission Member, Jerry Foss, stated that the money has to be designated and cannot be put into a City's general fund. Commission Chairperson, Eileen Evans, asked if the Commission could make a recommendation to the Council to have money dedicated towards building a Community Center. The information was given to Council Member, Bruce Kelzenberg. PAGE THREE Recreation Director, Keith Windschitl, informed the Commission of the many fee waived events that have been held at JPM this year and this would significantly impact JPM revenue this year. He also indicated there are fee reduced groups which book several dates that could be rented for full price. It should be noted that JPM is a facility which serves many civic groups in the community. Recreation Director, Keith Windschitl, reporting for Mayor, Julienne Wyckoff, regarding the Planning Committee for additional gym space at First Lutheran Church in Columbia Heights. Keith Windschitl will be active on the committee and will report any progress as it is made. Recreation Director, Keith Windschitl, stated that Mayor, Julienne Wyckoff, would like to see a concession stand be put in at Silver Lake Beach to help raise money for a skate park in Columbia Heights. The Recreation Director will research this matter. PUBLIC WORKS DIRECTOR/CITY ENGINEER Public Works Director/City Engineer, Kevin Hansen, informed the Commission that out of the eight park benches for Sullivan Lake Park they have one that has been donated. The plan is to mail letters out to residents and businesses within a three-block radius of the park in hopes of further donations of the park benches. Kevin Hansen will report any progress as it is made. Public Works Director/City Engineer, Kevin Hansen, reported that the Public Works Department is getting the wading pools ready for the community. They plan on opening the wading pools Memorial Day. COMMISSION MEMBERS Commission Member, Jerry Foss, reported to the Commission that Recreation Director, Keith Windschitl, sent a request to the Columbia Heights Athletic Boosters on yearly funding. The Columbia Heights Athletic Boosters will be donating $25,000 to the Recreation Department for the youth this year. Commission Member, David Payne, inquired about the JPM signage that has been previously discussed and is to be replaced and paid for by the Columbia Heights Lion's Club. Recreation Director, Keith Windschitl, stated that he is working with the Columbia Heights Lion's Club to have the sign purchased directly by the Lion's Club to save tax on the purchase due to the fact that the Lion's are tax exempt. PAGE FOUR Commission Member, David Payne, noted that there are a lot of communities that have baseball teams with sponsors and inquired if it would be a possibility of getting sponsors for the Columbia Heights baseball teams. Recreation Director, Keith Windschitl, informed David Payne that local businesses are consistently approached for donations. Sponsors may be something that we will have to look at in the future due to budget cuts. Meeting adjourned at 7:35 p.m. Tina Foss, Park and Recreation Commission Secretary 4 EXPENSES - MURZYN HALL - APRIL, 2003 DATE VENDOR ITEM COST ACCOUNT 23-Apr menards wall plates $16.04 2171 23-Apr menards bolts $11.14: 2171' 23-Apr menards screws, bits $4.05 2171 23-Apr menards paint, AV strap $21.05 2171 23-Apr home depot !cover plates $10.16 2171 23-Apr home depot aerators $15.64 2171 23-Apr home depot storage bin, switch $58.22 2171 23-Apr home depot emergency light battery $42.00 2171 23-Apr home depot hole saw $11.80 2171 28-Apr surplus services shelving $60.00 2171 28-Apr surplus services coffee urn $40.00 2171 28-Apr viking electric globes range hood $15.50 2171 27-Apr G & K uniforms, mops $36.50 2171 28-Apr office depot clocks, time cards $11.39 2171 28-Apr sbsi software !annual support $117.00 3050 14-Apr schindler elevator maint. Contract $202.47 4000 28-Apr all safe annual monitoring, system test $365.00 4000 28-Apr pepsi premix $186.00 2990 TOTAL $1,223.96 0 ~°"rffi -r- 0 0 0 0 t- _o E u. ~ il¸ nat MINNESOTA TWINS COMMUNITY FUND TWINS FIELDS FOR KIDS Proqram Summary. The Minnesota Twins Community Fund (MTCF) provides financial support to improve baseball and/or softball facilities for children in the Upper Midwest. The program, Twins Fields for Kids, makes matching grants to small nonprofit organizations and local governments that operate baseball and/or softball programs. In addition to the MTCF and the Carl and Eloise Pohlad Family Foundation, which have provided support for all rounds of the program, other funders have included: Northwest Airlines, Pepsi Cola Company, Cargill, Inc., and the Northland Foundation. The program has granted over $560,000 since its inception in 1999. During 2003, $70,000 is available for grants. Grants will be awarded in May, August and December subject to fund availability. Administration. The Twins Fields for Kids program will be administered by the MTCF staff who review all requests, pay matching grants, work closely with grantee organizations to ensure completion of the projects, and maintain program records. Matching Grant Size/Purpose. $1,000 to $5,000. Matching grants up to $5,000 are available for ~of baseball and/or softball fields used primarily by youth. Ma'or_~tg_~Ee, j:~;~would include the upgrading of essential field components, including new sod, infield, renting, and dugouts. ~Non-essential items, such as lights, bleachers, granc~s~nds, restrooms, and scoreboards, do not qualify for support. Routine maintenance of fields does not qualify. Communities that have not received grants in prior rounds receive higher priority. Eliqibility. The program is open to any independent 50:L(c)(3) nonprofit organization or local government unit that operates youth baseball and/or softball programs. Any nonprofit 501(c)(3) organization or local government unit operating baseball or softball programs for youth may apply if the program: · is at least three years old; · has at least 90 youth/children enrolled or six active teams; · operates a regular season lasting at least eight weeks; and · has secured funds equal to/exceeding the amount of the requested matching grant funds (can include in-kind contributions of material or labor). Organizations must also be governed by active boards and have sufficient revenue to operate their leagues. Twinsbaseball.com Twins Fields for Kids Program Description Page Two Application Process/Schedule. Organizations must complete an application and submit other required documents. During 2003, applications will be accepted and reviewed throughout the year. Grant determinations will be made by the board of the Minnesota Twins Community Fund in May, August and December. Due to the need to review requests, applications must be received at least four weeks in advance of a scheduled board meeting to be considered at that meeting. Applications must be complete and sent through the mail. Faxed applications are not accepted. Applicants should plan to complete their renovation project within one year of the grant award date. Matchinq Grant Payments. Matching grants will be paid in two installments, one-half at the time of grant commencement and one-half at the time of project completion. Other Requirements. Organizations receiving matching grants are asked to agree to: · prominently display provided signage recognizing program supporters; and · seek participation local media coverage of grant and dedication ceremonies. For all grantees, the Minnesota Twins Community Funds agrees to: recognize the organization and matching grant in the Minnesota Twins Magazine during the season as well as in the.Pohlad Family Charities Annual Report; and provide, if possible, a program representative (e.g., current or former Minnesota Twins player or staff member, a member of the Minnesota Twins Community Fund Board) and/or a funder representative to participate in any field dedication ceremonies. Questions about the Twins Fields for Kids program should be directed to: Ms, 3ean M. Sazevich IqINNESOTA TWZNS COMMUNTFY FUND Twins Fields for Kids Program 60 South Sixth Street, Suite 3900 Minneapolis, Minnesota 55402 · Direct phone (612) 661-3911 · General phone (612) 66:L-3910 · Fax (612) 661-3715 Twinsbaseball.com City of Columbia Heights Park Department To: From: Date: Re: Kevin Hansen Lauren McClanahan Tim Lund May 22, 2003 Minnesota Baseball Field Grant Keyes Ball In-field Reconstruction The Park Department is recommending improvements to Keyes gl, the baseball field be considered for the Minnesota Twin's Baseball field Grant. This field is not usable in its current condition. The grading of the field does not allow water to drain away and creates standing water for many days after it rains. The keyhole configuration of the infield around home plate makes it difficult to maintain. The backstop is rusted and showing it age. Also there is no protection in front of the player's benches. Improvements to the field can include: 1. Regrade infield - Correct drainage Red Ball Diamond Aggregate - 100 Ton Black Dirt - 48 yards Seed - 100 pounds Starter Fertilizer - Straw Cover Bases and Standards $2000 $1600 $650 $105 $30 $100 $800 Subtotal $4285 2. Replace Backstop, add players bench screening $12,000 Subtotal $12,000 3. Replace players benches $2,100 Subtotal $2,100 Total $16,385 These cost estimates are based on improvements made to the Prestemon Park ball field last year. These improvements will make the Keyes baseball field suitable for play once again and greatly improve the overall appearance of Keyes Park. City of Columbia Heights Park Department To~ From: Date: Re: Kevin Hansen Lauren McClanahan Tim Lund May 22, 2003 McKenna Park Pool Shelter Modifications The Park Department is requesting approval to remove the McKenna Pool Shelter roof which was constructed in 1969. The existing roof is in poor shape and a hazard to people using the park. The flat roof is very deteriorated and water has leaked through causing the wood structure including a main support beam to rot creating a hazard. There is one large hole completely through the roof and several smaller holes. Removal of the roof will eliminate fall hazards and the hazards of falling debris. In addition to the rotting, the roof and pool fence have sustained extensive damage from vandals. Vandals use the pool fence to climb on the roof and then work on breaking up the roof and the fence. The roof is also used for window peeping into the neighbor's house. Removal of the roof will eliminate these opportunities. With the removal of the fiat roof, a new roof will have to be constructed over the equipment house. The Park Department is recommending installing rafters and shingles to create a roof with a peak similar to the pool equipment houses at Ramsdell and Huset Parks. The cost for materials to build the new roof is approximately $500.00. McKenna Park has conveniently located shade trees to provide shade for pool users desiring shade. The removal of the roof will allow opportunity for parents to sun while monitoring children using the pool. The existing benches can be replaced with benches suitable for sunning. The removal of the McKenna Pool Shelter Roof will eliminate hazards and improve the appearance of McKenna Park. Minnesota Citizens' Personal Protection Act of 2003 "Conceal and Carry Law" - What it means for Cities Introduction Governor Pawlenty recently signed into law a bill that reduces local authority over issuance of concealed handgun permits and is expected to significantly increase the number of permit-holders. The Minnesota Personal Protection Act, (Senate File 842, 2003 Minn. Sess. Law, Chap. 28.) passed in the House on an 88-46 vote and in the Senate on a 37-30 vote and signed into law by Governor Tim Pawlenty on April 28, removes all authority from police chiefs to issue conceal and carry permits and mandates that sheriffs issue permits to all applicants except those convicted of serious crimes. The law also prohibits cities from prohibiting guns on city property, except in limited circumstances. More than 300 organizations including city councils, statewide police associations, churches and health and education groups opposed the legislation, arguing that the new law would put an estimated 90,000 additional concealed weapons onto the streets. Currently, fewer than 12,000 individuals have permits to carry concealed weapons. Proponents of the bill argued that sheriffs and police chiefs had too much discretionary authority and that applicants should decide for themselves whether they need to carry a concealed weapon. Three groups supported the legislation - the National Rifle Association, Concealed Carry Reform Now and the Republican Party of Minnesota. An amendment offered in the House on behalf of the League of Minnesota Cities would have allowed public facilities such as city halls, parks, and recreation centers to prohibit concealed weapons on the premises. The amendment failed on a vote of 48 to 84. No similar amendment was attempted in the Senate. League staff has prepared this memorandum to help cities understand some of the most significant implications of the new law. The League will continue to supplement this memorandum as additional information is gathered about how the law is being interpreted by affected groups. Please let us know if there are additional questions you would like us to address. Can cities prohibit guns on city property? No, with some limited exceptions. While the law allows private property owners, who follow a specific set of procedures, to request that guns not be brought into a "private establishment," the law does not generally afford cities the same ability. For example, a private business may prohibit the carrying of guns on its premises if the business "prominently" posts a "conspicuous" sign at each entrance to the establishment stating that the "(NAME OF OPERATOR) BANS GUNS IN THESE PREMISES." In addition, the business owner or their agent must personally inform "the person of the posted request, and demand compliance." Again, cities do not have a similar ability to "post" their facilities. The situations in which cities may limit guns on city property appear to be limited to the following circumstances: Employees. As an employer, cities "may establish policies that restrict the carry or possession of firearms by its employees while acting in the course and scope of employment." This exception does not apply to parking areas. (This exception is further discussed below.) Property used for "school purposes." It is a misdemeanor for an individual to carry a firearm on "school property." "School property" is defined as including "a public or private elementary, middle, or secondary school building and its improved grounds, whether leased or owned by the school; a child care center licensed under chapter 245A during the period children are present and participating in child care programs;.., and that portion of a building or facility under the temporary, exclusive control of a public or private school, a school district, or an association of such entities where conspicuous signs are prominently posted at each entrance that give actual notice to persons of the school related use." Accordingly, if city property is being used for any of these de£med school related purposes, guns are prohibited. Private use of city property. A private party that leases space in city buildings or facilities may prohibit firearms in the leased spaced by following the posting and notice requirements described above. The city may also be able to condition the private use of city facilities on an agreement to ban guns. However, as a landlord, the city may not restrict the "lawful carry or possession of firearms by tenants or their guests." Persons under the influence of alcohol. A person is prohibited from carrying a pistol in a public place while under influence of drugs or alcohol, or where the person's blood alcohol concentration is more than 0.04. This exception may have particular applicability to municipal liquor establishments. Consumption of one or two alcoholic beverages can often put a person's blood alcohol level above 0.04. So, although municipal liquor stores do not have the same ability to "post" their premises as private establishments, it might be permissible for a municipal liquor store (particularly on-sale facility) to adopt a policy requiring customers to disclose whether they are can'ying a gun. As an alternative to attempting to ban guns on city property, the city may want to consider posting portions of city facilities as "authorized personnel only." This would make it a trespass violation for an individual to go into areas of city hall that are not normally accessible to the public. In addition, the city may be able to limit weapons on city property where the city has a reasonable basis to suspect an individual constitutes a health or safety risk. For instance ifa person has made threats in the past, it may be legitimate for the city to prohibit the individual from possessing a gun on city property. Finally, cities may want to draw a distinction between access to city property and access to city services and personnel. For instance, it may be acceptable to condition participation in city recreation programs on an agreement to disarm. If a city wants to try to argue this distinction, it should consult with its attorney in order to develop a well- reasoned and legally defensible policy to support such an action. Can the City prohibit employees from bringing firearms to work with them? If so, can the city discipline employees for violations? Yes, the law specifically allows an employer, public or private, to "establish policies that restrict the carry or possession of firearms by its employees while acting in the course and scope of employment." The law also allows the city to discipline employees for violations of the policy. This means that cities can establish a policy that prohibits employees from carrying or possessing firearms while: - Working on city property - Working in any location on behalf of the city - Driving on city business - Riding as a passenger on city business - Performing emergency or on-call work after hours on behalf of the city - Attending training or conferences on behalf of the city A sample policy on this issue is included at the end of this document. The law also states that an employer cannot prohibit the lawful carry or possession of firearms in a parking facility or parking area. For many employees, this means that they will leave any firearms in their cars during the workday if the city has a policy prohibiting possession while at work. This could raise issues of security for city parking facilities. However, it may be difficult to enforce a policy against possessing a firearm at work if the employee routinely uses his or her car for city business. In this case, the city may have to allow an employee to "check" a firearm during the workday and retrieve it after work. The police department is likely to be in the best position to deal with the duty of checking firearms. This duty will require locking the firearms in a secure location and implementing procedures to ensure that only appropriate city staff can retrieve them. If the police department cannot perform this function, it would be a good idea to give the employee checking the firearms some basic training on how to safely handle firearms. The city may also fred it difficult to handle situations where an employee must respond to an emergency aRer-hours. In this case, since the employee would be on duty, the city can probably prohibit the employee bom carrying a firearm in their private vehicle unless the vehicle is merely used to drive to a city parking lot, remains in the parking lot and is not used to respond to the call. Can the city restrict elected officials from carrying firearms while conducting city business? The law does not specifically address this issue. Therefore, it depends on whether elected officials would be considered "employees" of the city under this particular law. This determination could be different from city to city, depending on a number of factors. For example, some cities have specifically taken actions to designate their elected officials as "employees" in order to offer them certain types of benefits such as workers' compensation coverage, group health and life insurance and coverage in pension and retirement plans. These cities are more likely to be able to make an argument that the elected officials should be treated as employees under this law. On the other hand, many state and federal employment laws tend to exempt elected officials fi-om coverage. For example, elected officials are not considered employees for purposes of the Fair Labor Standards Act, which govems minimum wage and overtime. They are also specifically exempt from the state law that defines public employees for purposes of collective bargaining rights. The best practice is for the city to examine how it has treated elected officials in the past on various types of issues and remain consistent with those practices. For example, if the city has designated elected officials as employees for purposes of workers' compensation coverage and other benefits, it should probably designate them as employees for purposes of this law as well. Can the city restrict volunteers from carrying firearms when performing duties on behalf of the city? Probably not, but a city is not required to use volunteers who carry handguns. A tree "volunteer" probably cannot be restricted from carrying firearms on the basis of being an employee of the city. However, the city may be able to adopt a policy stating that it will not use volunteers unless they sign an agreement that they will not carry a firearm while acting on behalf of the city. In defining city volunteers, the city should take a particularly careful look at its volunteer firefighters. Many fire departments in the state compensate their volunteer firefighters in a manner that would probably be seen by the Department of Labor as making them ineligible for volunteer status under wage and hour laws. The city should attempt to be consistent in its definition of volunteer firefighters either as tree volunteers or as "paid on call" city employees. If the city determines that its volunteer firefighters are actually employees, they can be included in the city's general policy prohibiting employees fi-om carrying firearms while on duty. A similar argument could possibly be made with respect to positions such as ambulance attendants, first responders, police reserves, and emergency response volunteers, all of whom are categorized as employees under Minnesota's workers compensation laws. If they are true volunteers, the city may be able to require them to sign an agreement that they will not carry a firearm while acting on behalf of the city. Included with this information is a link to a Fact Sheet that describes factors to look at in determining whether an individual truly is a volunteer for purposes of the Fair Labor Standards Act. Fair Labor Standards Act - Police & Fire What additional enforcement obligations does the law impose on local law enforcement officials? Crimes under the law. The following is a list of some of the crimes under the new law. - It is a gross misdemeanor for a person to carry a pistol in a public place without a permit. It is a petty misdemeanor for a person authorized to carry a gun to not have the "permit card" in immediate possession. The charge must be dismissed if the person later demonstrates in court or in the office of the arresting officer that the person was authorized to carry the pistol at the time of the alleged violation. A violation of this provision does not result in a forfeiture of the person's gun. It is a petty misdemeanor for a permit holder to fail to notify the issuing sheriffof a change of address or a lost or destroyed card. A violation of this provision does not result in a forfeiture of the person's gun. It is a misdemeanor for a person with a permit to carry or possess a firearm on school property. A violation of this provision does not result in a forfeiture of the person's gun. The law continues to make it a felony for a person without a permit to carry or possess a firearm "while knowingly" on school property. It is a petty misdemeanor to remain at a "private establishment" that has banned weapons. The private establishment must properly post the establishment as banning guns, must have personally informed the individual that the establishment bans guns, and must have asked the individual to comply. A violation of this provision does not result in a forfeiture of the person's gun. The owner of a private establishment may not ban guns in a parking facility or parking area. The law creates a new set of crimes known as "carrying while under the influence of alcohol or a controlled substance." The processes and procedures are very similar to those for driving while under the influence of alcohol or a controlled substance. The one notable difference is that it is a misdemeanor for a person to carry a pistol in a public place when the person's alcohol concentration is less than 0.10, but more than 0.04. A violation of the 0.04 limit does not result in a forfeiture of the person's gun. Contracts with County Sheriff to conduct permitting activities. The law removes permit issuance responsibility from local police chiefs and places it with the county sheriffs. A sheriff may contract with a police chief to process permits, but "the sheriff remains the issuing authority and the police chief acts as the sheriff's agent." The obligations associated with taking applications, conducting background checks and issuing the permits are significant. Accordingly, LMC recommends that cities carefully consider the risks and benefits before entering into such contracts. We would also recommend that the contract make it clear that the county would cover the liability for police chiefs' action. There is potential liability if the chiefs do not follow procedures such as the mandatory background checks. Notice to police chiefs of permit applications. When an application for a permit is filed with the county sheriff, the sheriff is required to notify the chief of police of the municipality where the applicant resides. The chief of police is then authorized, but not required, to provide "any information relevant to the issuance of the permit." While the law does not impose an obligation to provide information, local law enforcement officials may want to adopt policies that articulate what sources of information they will review in responding to notification of a permit application from a county sheriff. Responsibilities of prosecutors When a person is charged with an offense that would, upon conviction, prohibit the person fi'om possessing a firearm, the prosecuting attorney is required to ascertain whether the person is a permit holder. If the person is a permit holder, the prosecutor is required to notify the issuing sheriff that the person has been charged with a prohibiting offense. The prosecutor must also notify the sheriffofthe final disposition of the case. In addition to the felony charges that would trigger this reporting obligation for county attorneys, local prosecutors will also have this obligation for certain offenses such as Minn. Stat. Sec. 518B. 14, violations of orders for protection; Sec. 609.2242 subd. 3, domestic assault; and Sec. 609.749, subd. 8, harassment, and stalking. There could be potential liability to the city and its prosecutor if these responsibilities are not carded out. What authority do cities have to regulate handguns? Not much. The law provides that "tkis section sets forth the complete and exclusive criteria and procedures for the issuance of permits to carry and establishes their nature and scope. No sheriff, police chief, governmental unit, government official, government employee, or other person or body acting under color of law or government authority may change, modify, or supplement these criteria or procedures, or limit the exercise of a permit to carry." In addition, Minn. Stat. Section 471.633 states that, "The legislature preempts all authority of a home rule charter or statutory city including a city of the first class, county, town, municipal corporation, or other governmental subdivision, or any of their instrumentalities, to regulate firearms, ammunition, or their respective components to the complete exclusion of any order, ordinance or regulation by them except that: (a) a governmental subdivision may regulate the discharge of firearms; and (b) a govemmental subdivision may adopt regulations identical to state law. Local regulation inconsistent with this section is void." These two statutes severely limit a city's ability to regulate the carrying of handguns. The only possible exceptions appear to be the ability to adopt local regulations limiting the brandishing and discharge of weapons within the city and the possible ability to regulate establishments where handguns may be present. For instance, because the law makes it a crime to possess a pistol while under the influence of alcohol, the city may be able to adopt an amendment to its liquor regulations, requiring all liquor license holders to ban handguns. How are permit-application data classified under the MN Government Data Practices Act? All permit-application data collected by state agencies, political subdivisions, or statewide systems are classified as private. (M.S. 13.87, subd. 2.) As a result, only the applicant and individuals within the state or local governmental entity whose work assignments reasonably require access will be able to access this data. (M.S. 13.02, subd. 12; M. Rule 1205.0400, subp. 2.) Will law enforcement agencies be able to verify whether permits are valid? Yes. The commissioner of public safety is required to maintain an automated database of persons authorized to carry pistols under this new law that is available 24 hours a day, seven days a week. (M.S. 624.714, subd. 15.) This database will only be available to law enforcement agencies, including prosecutors verifying the validity of permits. Will any permit data be available to the public? Yes. On an annual basis, beginning March 1, 2004, the commissioner of public safety must report to the legislature specific data regarding permits issued under the new law. (M.S. 624.714, subd. 20.) Sheriffs and police chiefs are specifically permitted to release private data to the department of public safety for this purpose. The report will be available to the public at its actual cost of duplication. The report will not contain any personally identifiable data. For example, although the report will contain the number of permits applied for, issued, suspended, revoked, and denied, it will only be categorized by the age, sex, and zip code of the applicant or permit holder. (See M.S. 624.714, subd. 20 for a complete list of information required in the report.) Does the new law increase municipal liability exposure in any way? Yes, there are a number of ways in which municipal liability exposure may be increased as a result of the new law. Immunity The law includes an "immunitf' section, but it likely does not protect the city from all possible claims or lawsuits that may be brought as a result of the law. The immunity states that "... a police chief, any employee ... of a police chief involved in the permit issuing process, is not liable for damages resulting or arising from acts with a firearm committed by a permit holder unless the person had actual knowledge at the time the permit was issued or the instruction was given that the applicant was prohibited by law from possessing a firearm." So there is protection from claims or lawsuits where the permit holder shoots someone and the injured party tries to sue the city for the information that it gave to the county to issue the permit. This immunity does not apply if it can be shown that the city employee had actual knowledge that the applicant was prohibited by law from possessing a firearm. Therefore, if the police knew that the applicant was dangerous or mentally ill and did not say anything to the sheriff after being notified, there may be potential liability. The immunity also does not specifically apply to cities. Cities would have to argue that they are immune through vicarious immunity because of the actions of their employees. Finally, the immunity does not apply to lawsuits not involving acts with a firearm such as a defamation lawsuit as discussed below. Defamation Under the new law (Minn. Stat. Sec. 624.714 subd. 4 Co)), after notification by the sheriff of a person's application for a permit, the local police chief may provide relevant information on the issuance of the permit. There is a potential for defamation claims by the applicant. Defamation is where you tell someone something in writing (libel) or orally (slander) that is proved to be false and resulted in damages to the person's reputation or in obtaining some benefit (such as a gun permit). In this situation, damages could also be argued to include physical injury if the person can show that if they had had a gun, they would not have been injured. Injuries to Third Parties If a person or a city employee carrying a gun with a permit uses the gun to hurt someone on city premises, the city could be liable for those injuries. Under common law, the city could be liable if the city knew that the person or the employee was dangerous for other reasons. Carrying a gun legally with a permit would not give the city sufficient reason to act on the person's ability to be on the city premises. There must have been some other action indicating danger, such as a threat or a fight. If the city had such knowledge, it had a duty to protect other users by kicking the dangerous person out of the building or premises at that time or for a period of time. If the city didn't do this, there could be potential liability for negligent supervision of the premises. There also is the argument that the dangerous action was foreseeable because of the past acts of the person. LMC recommends that you have a procedure in place for expelling people or employees who may be a danger to other users of the city premises. The procedure should afford some level of due process. Training by city If the city provides training through a certified instructor to people who apply for permits and later use the firearm, is there liability for the city? The certified instructor individually would be immune from these types of claims and the city could argue vicarious immunity if the instructor was working in the course of his or her city employment. As stated before, the immunity doesn't apply if the instructor had actual knowledge that the person was not eligible for a permit at time of application. Chemical Testing Under Minn. Stat. 624.7143, there is a specific procedure established for chemical testing to determine if a person is can-ying a firearm while under the influence of alcohol or drugs. Is there liability if city police do not follow this procedure? Potentially, if it resulted in wrongful revocation of a permit or wrongful conviction. Revision 5/08/03 SAMPLE POLICY PROHIBITING FIREARMS AT WORK The City of hereby establishes a policy prohibiting all employees, except sworn employees of the Police Department, from carrying or possessing fn'earms while acting in the course and scope of employment for the city. The possession or carrying of a firearm by employees other than sworn Police Officers is prohibited while working on city property or while working in any location on behalf of the city. This includes but is not limited to: · Driving on city business; · Riding as a passenger in a car or any type of mass transit on city business; · Working at city hall or any other city-owned work site; · Working off-site on behalf of the city; · Performing emergency or on-call work after normal business hours and on weekends; · Working at private residences and at businesses on behalf of the city; · Attending training or conferences on behalf of the city; An exception to this policy is that city employees may carry and possess firearms in city-owned parking areas if they have obtained the appropriate permit(s). Therefore, if a city employee must drive his or her personal vehicle on city business, he or she may check a firearm with the city Police Department during the workday and retrieve it after work. The Police Department will establish procedures to ensure that the firearm is locked up and is not able to be retrieved by anyone other than the owner/employee. When responding to on-call work from home after regular work hours, an employee is prohibited from bringing a firearm in their private vehicle unless the vehicle remains in a parking lot and is not needed in order to respond to the call. Violations of this policy are subject to disciplinary action in accordance with the city's disciplinary procedures policy. CHICAGO MELROSE PYROTECHNICS. INC. May 12, 2003 City of Columbia Heights Recreation Department Attn: Mr. Keith Windschitl 530 Mill Street NE Columbia Heights, MN 55421-3878 Dear Keith, It was a great pleasure to receive your request for your 2003 fireworks display. We are happy to know you are managing even with all the budget cuts. It has been difficult for many cities this year. We are pleased to be mailing you this proposal and contract. The proposal contains more than 2750 shots. As specified in your letter dated May 1, 2003, the display will last at least 15 minutes. We always follow all State and Federal guidelines pertaining to the industry. We provide all necessary equipment and labor. We will list the City of Columbia Heights on the insurance certificate and mail you a copy if we are awarded the contract. We are familiar with your site and have designed the display to suit the area. Upon receipt of the signed contract in our office, the date will be reserved for you and once again I will be pleased to design your program. We will obtain the necessary permits and issue the insurance certificate. Your letter mentions the fantastic show you have had in the past several years, we thank you for that compliment and desire to create that result for you again this year. If you have any questions, please call into the office and we will be happy to assist you. The office number is 800-771-7976. Sincerely, Melrose Pyrotechnics, Inc. Mark Hanson Event Producer MH/bh ATLANTA CHARLOTTE enc MINNEAPOLIS 45 LOUISVILLE MILWAUKEE J?'"./ ! '. 'x. City of Columbia Heights Minnesota Type of Proposal: Electronically Fired Fireworks Display Prepared For: Program Length: City of Columbia Heights, MN June 29, 2003 20-25 Minutes Type of Pyrotechnic Effects: Low level through 3" Aerial Shells This Proposal Includes: Five Million Dollars Public Liability Insurance Licensed Professional Pyrotechnicians Worker's Compensation Insurance All Fireworks Material Necessary to the Production All Firing Equipment Necessary to the Production Proposal Cost: $6,0~.~ Our Mission... · 'A Dedication D~ Pyrotech,ic Pet~f'ectio," Keith Windshcitel 530 Mill St. Columbia Heights, MN 55421 Dear Keith, Enclosed you will find a proposal for your 2003 June 29th fireworks display in the amount of $6,000.00 dollars. If Premier is awarded the bid, you'll have my guarantee, I will do everything in my power to make sure this is the best fireworks show you've ever had. That is how much confidence Premier Pyrotechnics has in their business. This is a complete bid there are no hidden costs of any kind. We at PREMIER use nothing but the finest product on the market today, we spend 30-60 days in China every year, developing new ideas to make your presentation one ora kind. You will also get the best and most affordable insurance in the industry, which is a five million dollar coverage at 6% of the show. If there is anything on this bid that your committee would like changed, we will work with your committee and make the necessary changes. If you can pay 60 days prior to your show date PREMIER will add 10% more product to your show. On a show of $6,000.00 this would be a bonus of $600.00 dollars which would bring your show to $6,600.00. Please keep in mind our prices are 20-45% lower then our competitors to start with, which translates into more product in your show. Keith, Premier would love to sell you a show, we believe it would be the last fn'eworks company you would have to look for, I have enclosed a list of references you can also check our references on our web site w~'w.premierpyro.com. If you choose Premier to do your show get back to me as soon as possible. If you have any questions call me anytime. Sincerely, Tony Ramberg/Sales Associate Midwest Sales Office 305 Lewis & Clark Yankton, SD 57078 Northern Sales Office (218) 281-4169 528 South Ash St. Crookston, MN 56716 Corporate Office Toll Free (888)647-6863 P.O Box 487 Richland, MO 65556 Our Mission... "A Dedication To Pyrotech.ic Perfection" Keith. The following information is a comparison of some important facts when considering a vendor, · We offer $5,000.000 liability insurance for 6% of show cost. Other fireworks companies are usually between 14-24%. Your cost for a $5,000.00 show would only be $300.00. We do not charge sales tax for Minnesota shows, that's another 6.5% savings. · Shipping charges from us are Free, because of the high volume of shows we do in South Dakota Premier can pass this savings on to you. · All necessary equipment is provided for you to use free of charge. · Premier staff is at your disposal, we do not charge if you would like our staff to design a show for your town. · References Jeannine Windels (Crookston Oxcart Days) 218-281-4320 Kim Greendahl (First Night Greater Grand Forks) 218-746-5735 Mitch Critz (Glenwood Waterama) 320-634-5322 Bill Anderews (Superior, WI 4th of July) 715-394-2861 Beth Sokoloski (Crane Lake 4th of July) 218-993-2479 Phil Borland (Moondance Jam) 218-547-2422 or 218-838-2451 Mary Phillips ( Lake County Fair) 218-834-8075 Midwest Sales Office 305 Lewis & Clark Tr. Yankton, SD 57078 Northern Sales Office (218} 281-4169 528 South Ash St. Crookston, MN 56716 Corporate Office Toll Free (888)647-6863 P.O Box 487 Richland, MO 65556 Our Mission... ",4 Dedication To P. rrotechnic Perfection" COLUMBIA HEIGHTS SHELL COUNTS 2003 ALL MORTARS, $ MILLION DOLLAR INSURANCE, ELECTRONIC FIRING SYSTEMS, PROFESSIONAL SHOOT TEAM, SET UP AND CLEAN UP INCLUDED OPENING 2.5IN=144 MAIN BODY 3IN=144 SHELLS 41N=108+32=140 SHELLS SHOTS= 1302 TOTAL SHELL COUNT 2.5IN SHELLS=252 3IN SHELLS=417 4IN SHELLS=192 SHOTS= 1302 FINALE 2.51N=108 31N=273 4IN=52 TOTAL SHELLS 861 SHELLS+1302 SHOTS BID PRICE $6,000.00 Midwest Sales Office 305 Lewis & Clark Tr. Yankton, SD 57078 Northern Sales Office (218) 281-4169 528 South Ash St. Crookston, MN 56716 Corporate Office Toll Free (888)647-6863 P.O Box 487 Richland, MO 65556