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HomeMy WebLinkAboutJune 25, 2003 CITY OF COLUMBIA HEIGHTS PARK & RECREATION COMMISSION AGENDA KEYES ROOM, JOHN P. MURZYN HALL WEDNESDAY, JUNE 25, 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. ROIJ. CAIJ. 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 MAY 28, 2003 MINUTES 4.(****) APPROVAL PAYMENT OF BILLS LETTERS AND REQUESTS A. REQUEST FEES WAIVED BY V.F.W. POST 230 The V.F.W. Post 230 are requesting fees be waived for their annual children's Christmas Party. The event is to take place at JPM on Sunday, December 7, 2003. They would like the hall from 11:30 a.m. to 4:30 p.m. OLD BUSINESS A. "CONCEAL AND CARRY LAW" - WHAT IT MEANS FOR JPM The Park & Recreation Commission will discuss the "Conceal and Carry Law" and whether or not we want to address this issue within our JPM lease agreement for private rentals. If we include this language as part of the lease agreement we would have to post all entrances and verbally inform all guests of handguns not being allowed in the building. NEW BUSINESS There is no new business at this time. PAGE TWO 8. REPORTS A. Recreation Director B. Public Works Director/City Engineer C. Commission Members ADJOURNMENT P&RCOMM: AGENDA-JIJNE03 City of Columbia lteights Park and Recreation Commission Ma), 28, 2003 The meeting was called to order by Eileen Evans at 6:37 p.m. ROLL CALL Members present: Eileen Evans; Jerry Foss; Tom Greenhalgh; Matthew Henry; Bruce Kelzenberg; Bill Peterson; Keith Windschitl, Recreation Director; Kevin Hansen, Public Works Director/City Engineer Members absent: Gary Mayer; David Payne APPROVAL CONSENT AGENDA Motion to approve consent agenda by Foss; second by Greenhalgh. All ayes, motion carded. LETTERS AND REQUESTS REQUEST DOWN PAYMENT FOR HALL RENTAL BE REFUNDED Recreation Director, Keith Windschitl, distributed a letter from the renter, Pat Serie, requesting a refund for the down payment to secure the rental on August 8, 2003. The guest list for the Serie wedding has significantly increased beyond the maximum capacity of J'PM. Motion by Foss, second by Bill Peterson to follow the current JPM policy, which would allow for down payment to be refunded only in the event dated of August 8, 2003, is re-rented. All ayes, motion carded. OLD BUSINESS UPDATE ON TIlE SULLIVAN LAKE BENCHES Public Works Director/City Engineer, Kevin Hansen, discussed the list of individuals or businesses that have expressed an interest in donating park benches at Sullivan Lake Park. Six out of the eight park benches desired have been donated, all requesting plaques on the back of the park benches. Once installed a thank you letter will be sent to the individuals or businesses that have made donations for the park benches. PAGE TWO SILVER LAKE BEACH Commission Chairperson, Eileen Evans, discussed the interest from the Three Rivers Park District in purchasing or leasing the Silver Lake Beach property, which is adjacent to the Salvation Army Camp. Recreation Director, Keith Windschitl, brought in a map detailing the changes that will be made to the existing Salvation Army Camp and their desired change to the Silver Lake Beach property. The interest of the Three Rivers Park District is only in the Silver Lake Beach property itself and not the Columbia Heights boat landing. They would like to turn the beach into a fishing pier. Public Works Director/City Engineer, Kevin Hansen, discussed the maintenance work that the Public Works Department does to upkeep the beach and adjacent Columbia Heights property. Eileen Evans expressed concern in giving up the property too quickly without knowing the exact plans the Three Rivers Park District has for the property. Motion by Greenhalgh, second by Henry to not release the Silver Lake Beach property for lease or sale until the Three Rivers Park District plans are finalized and for Keith Windschitl to continue to report back to the Commission of any information he receives pertaining the plans of the Three Rivers Park District. All ayes, motion carried. NEW BUSINESS MINNF_3OTA TWINS GRANT APPLICATION Recreation Director, Keith Windschitl, discussed with the Commission Members the Minnesota Twins Grant application, stating Keyes Park would benefit most from this grant. The grant is a matching grant with a limit of $5,000. Public Works Director/City Engineer, Kevin Hansen, stated the Public Works Department would implement something similar to Prestemon Park for Keyes Park. Motion to by Greenhalgh, second by B. Peterson to apply for the Minnesota Twins Grant and to push forward with Keyes Park as the desired park. All ayes, motion carried. MCKENNA PARK POOL SHELTER MODIFICATIONS Public Works Director/City Engineer, Kevin Hansen, discussed with the Commission Members the McKenna pool shelter modifications. Pictures of the current condition of the McKenna pool shelter, which was constructed in 1969, were available for Commission Members to view. Motion by Foss, second by Greenhalgh to tear down the current McKenna pool shelter and put up a new roof. All ayes, motion carried. PAGE THREE "CONCEAL AND CARRY LAW" - WHAT IT MEANS FOR JPM Recreation Director, Keith Windschitl, informed the Commission Members of what the new "Conceal and Carry Law" means for JPM. The new law allows for handguns in public places. The Recreation Director has contacted the City Attorney. JPM cannot p~ohibit handguns from its facility due to it being a public building. Commission Chairperson, Eileen Evans, asked what the cities liability is if someone were shot on JPM premises. It is uncertain of the liability at this time. 2003 JAMBOREE FIREWORKS DISPLAY Recreation Director, Keith Windschitl, discussed the two bids for 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. Both proposed a fifteen-minute show totaling $6,000. The City of Columbia Heights contributes $3,000 towards the fireworks display and Keith Windschitl sends out for donations for the remaining $3,000. Motion by B. Peterson, second by Foss to continue to use Melrose Pyrotechnics, Inc. for the 2003 fireworks display. All ayes, motion carried. REPORTS RECREATION DIRECTOR Recreation Director, Keith Windschitl, informed the Commission that he is in the process of working on the budget but does not know where JPM stands at this time. Public Works Director/City Engineer, Kevin Hansen, noted that the reductions from the State to the City of Columbia Heights have been reduced for 2004 from 1.45 million to 1.045 million, which has not officially beeh voted on. This gives cities the ability to recoup a portion thru property taxes. Commission Chairperson, Eileen Evans, asked what portion of property taxes does the City receive. Kevin Hansen stated the 33% goes to the City while the remaining 67% goes to the County and schools. Recreation Director, Keith Windschitl, reported that the hardwood floors at JPM have been refinished and look nice. Recreation Director, Keith Windschitl, reported that he is close to filling the last summer park position. Most of the summer staff is in place. Summer programs begin June 16. PUBLIC WORKS DIRECTOR/CITY ENGINEER Public Works Director/City Engineer, Kevin Hansen, reported that the Public Works Department is having difficulty finding kids for seasonal staffing. They are below 50% on returns for seasonal staff due to staff graduating college or finding new employment. PAGE FOUR Public Works Director/City Engineer, Kevin Hansen, reported that the Columbia Heights and Fridley Public Works Departments have both eliminated grass cutting from the University Avenue Corridor budgets, which ceases upkeep on the corridor. Commission Chairperson, Eileen Evans asked if the State would cOntinue upkeep on the corridor. Kevin stated that the State only upkeeps the corridor twice a year. COMMISSION MEMBERS Commission Chairperson, Eileen Evans, asked Public Works Director/City Engineer, Kevin Hansen, if it is too late in the season to bum the grass in the wetlands area. Kevin Hansen stated that it is too late in the season to burn the grass. The grass will be burned either late this fall or ne~t spring. Commission Member, Jerry Foss, stated that he would like to see the Commission Members walking through the local parks and communicate any problems to Public Works Director/City Engineer, Kevin Hansen. Commission Chairperson, Eileen Evans, would like to see the Commission Members picking parks that are closet to their residence to watch for any problems or needs that the park may incur. Commission Chairperson, Eileen Evans, asked Public Works Director/City Engineer, Kevin Hansen, if seeding has been done where the tennis courts had been at Prestemon Park. Kevin Hansen stated that it has been seeded twice. Commission Member, Jerry Foss, asked Recreation Director, Keith Windschitl, if he was aware of the injuries sustained to a teenage boy skateboarding in Huset Park adjacent to J-PM. Recreation Director, Keith Windschitl, stated that he has a copy of the police report. The accident and extent of the injuries are unknown at this time. Commission Member, Jerry Foss, asked when the wading pools were expected to open. Public Works Director/City Engineer, Kevin Hansen, indicated that the wading pools should be ready by next week. Commission Chairperson, Eileen Evans, asked where the money from the sale of Lomianki North is at this time. Council Member, Bruce Kelzenberg, stated that the money is not in the right account at this time. Meeting adjourned at 7:39 p.m. Tina Foss, Park and Recreation Commission Secretary EXPENSES - MURZYN HALL - MAY, 2003 DATE VENDOR ITEM COST ACCOUNT 12-May VIKING ELECTRIC RELAY $18.96 2160 12-May SURPLUS SERVICES COFFEE URN $20.00 2171 12-May MENARDS PESTICIDE,SURGE STRIP $39.511 2171 12-May MENARDS CHAIR,LAZY SUSAN,BOX COVERS $64.04 2171 12-May PEPSI PREMIX $286.00 2990 12-May DEPT OF ADMIN TELEPHONE $48.60 3210 31-May STATE OF MN SALES TAX $80.77 4395, TOTAL $557.88 666 6 ..... ooo o8 8 8 8 8 oo o GG G G G 0 0 0 ~'~ ~.~ 0 0 0 0 0 0 0 0 0 0 0 0 o oo~~ ~ ~ 0 0 ~ ~ ~ o o ~ m ~ ~ ~ E E · - o '~22 8888 8 8888 01/3i/2003 11:56 6127B88602 VFW POST 230 PAGE Columbia Heights V.F,W. Post 230 Charitable Gambling Office 4448 Central Avenue Northea~t, Columbia Hl~igh~, MN 5,54~1 · 769-78B-8~02 June 19, 2003 Recreation Department City of Columbia Heights Dear Recreation Department, On behalf of Commander Bruce Nawrockl and the members of VFW Post #230 and it's Auxlliary~ we ask that we may use Murzyn Hall on December ?th, 2003 for our annual children's Christmas Party. We will be needing the hall from 11:30AM - 3:30PM. We request that any fees and charges be waived. Please confirm our request as soon as possible. Thank you for your help and consideration concerning this matter. 8tncerely, Ma~ ~ 03 04:08a p.1 Tibetan American Found ' n.... l g22 nnesota 2344 Nicollet Ave S, Suite #32~inneapol is,~g4N-55404 Dear Keith: · Re: Rent Conference Room June 23, 2003 This is to note that Tibetan American Foundation of Minnesota is ~. non-profit organization that helps to resettle immigrant Tibetans, offers aft,r school ~ucational programs, social services to the community and preserves unique 'I ibetan culture and traditions, as well reaching out to the greater Minnesotans. Till date we have a vibrant community of 1000 Tibetans, most livhtg in Nort..h East, New Brighton, Columbia Heights, St. Anthony and Richfield. Wc will be organizing a confercnce with Tibetan Youth Congress ]egarding preservation of Tibetan culture and issues on Tibet and the Tibetans for three &ys in early August from 9 am to 6 pm. As Tsewang Ringzin has contacted you already in this matter, we would appreciate if you could rent the conference room for our use. Yours truly, Taythi Executive Director COLUMBIA HEIGHTS POLICE DEPARTMENT DATE: TO: FROM: SUBJECT: June 20, 2003 Keith Windschitl Thomas M. Johnson, ChiefofPolicec:~ Conceal Carry Law Attached please find a copy of the new Conceal Carry Law. I have marked the section that shows what you and/or the Commission must do in order to keep guns out of Murzyn during a "private" function. I have also noted what we, the police, can do ifa person violates the posting of the building during a "private" non- governmental function. It would be my suggestion that you simply put into the contract that since the hall is being rented for a "non-governmental" function no firearms are allowed in the building at any time the rental lease is in effect. That firearms are not allowed into the facility during the time of the lease and that the building will be properly posted and notification given by the renter to all attendee's that no firearms are allowed in the building in compliance with Minnesota State Statute 609.66 Subd. 17. 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 //~7.35 27.36 28.1 '5 28.2 ~/ 28.3 ~ 28.4 28 2 28.9 28.~0 2~8'11 .12 28.13 28.14 . 28.15 28.16 28.17 28.19 28.20 28.21 28.22 12. If the court denies the petition, the court must award the permit holder reasonable costs and expenses including.attorney fees. The petition may be filed in any county in the state where a person holding a license or permit from another state can be found. (d) The commissioner of public safety must, when necessary_, execute reciprocity agreements regarding carry_ permits with jurisdictions whose carry permits are recognized under para~aph (a). Sec. 22. Minnesota Statutes 2002, section 624.714, is amended by adding a subdivision to read: Subd. 17. [POSTING; TRESPASS.] fa) A person carrying a firearm on or about his or her person or clothes under a permit or otherwise who remains at a private establishment knowing that the operator of the establishment or its agent has made a reasonable request that firearms.not be brought, into the establishment may be ordered to leave the premises.. A person who fails to leave when so requested is guilty of a petty misdemeanor. The fine for a first offense must not exceed $25. Notwithstanding section 609.531, a firearm carried in violation of this subdivision is not subject to forfeiture. (b) As used in this subdivision, the terms in this paragraph have the meanings given. (1) "Reasonable request" means a request made under the' following circumstances~ (i) the requester has prominently posted!..a conspicuous si~ at every enhance to the establishment containing the.foll, owj.ng language? (INDICATE IDENTITY OF OPERATOR) BANS GUNS IN THESE PREMISES."; and ~ (ii) the requester or its agent personally informs the person of the posted request and demands compliance: {2) ."Prominently" means readily visible and within four: feet laterally of the entrance with the bottom of the sign at a, height of four to six feet above the floor; {3) ?Conspicuous" means lettering in black arial typeface 828.23 at least 1-1/2 inches in height against a bright contrasting 28.24 background that is at least 187 square inches in area~ 28.25 (4) "Private establishment" means a building, structure, or 28.26 portion thereof that is owned, leased, controlled, or operated 28.27 by a nongovernmental entity for a nong0yemmental pu.rpose. 28.28 (c) The owner or operator of a private establishment .may 28.29 not prohibit the lawful carry or possession of firearms in a .30 parking.facility or parking area: 28.31 (d) This subdivision does not apvlv to nrivate residences: 28.32 The lawful possessor of a private residence may prohibit LMC Phone: (651) 281-1200 (800) ~ '1.~-1122 F~x: (651) 281-1299 TDD (65t) 281-1290 Web Site: lattp:'Avww lnmc.o Minnesota Citizens' Personal Protection Act of 2003 "Conceal-and-Carry Law" -- What It Means For Cities Introduction Gov. Tim 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, will be 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 was signed into law by Gov. Pawlenty on April 28. It 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 la~v 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 if 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 48-84. No similar amendment was attempted in the Senate. Conceal-and-carry law: What it means for cities League staff has prepared this memorandum to help cities understand some of the most significant implications of the new law. In addition, links to related information are provided at the end of the memo. 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. 145 University Avenue West o St. Paul, MN 55t03-2044 * (651) 2814200 * (800) 925-1122 * www.lmnc.org 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." The 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 defined 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 applica.bility to municipal liquor establishments. Consumption of one or two alcoholic beverages can often put a person's blood alcbhol 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 carrying a gun. 145 University. Avenue West · St. Paul, MN 55103-2044 · (651) 281-1200 · (800) 925-1122 · wwxv. lmnc.org