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Parks and Recreation - 10/04/2004 APPROVED MINUTES PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MONDAY, OCTOBER 4, 2004 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS PRESENT: Rob Barrett, Tom Bierman, John Brill, Tom Crain, Jeffrey Gerst(arrived at 7:10 p.m.), Cari Grayson, Randy Jacobus and Michael Moriarity COMMISSION MEMBERS ABSENT: Ian Mackay COMMISSION STAFF PRESENT: Bob Lambert, Director of Parks and Recreation Services; Laurie Obiazor, Manager of Recreation Services; Stu Fox, Manager of Natural Resources; Lyndell Frey, Community Center Manager; Beth DeGree, Aquatics and Fitness Coordinator and Carol Pelzel, Recording Secretary STUDENT REPRESENTATIVES: Cole Johnson, Apoorva Shah and Roby Shrestha I. CALL TO ORDER AND ROLL CALL The meeting was called to order by Chair Barrett at 7:00 p.m. Introduction of New Student Members The student members introduced themselves to the Commission. II. APPROVAL OF AGENDA Motion: Grayson moved, seconded by Jacobus, to approve the agenda as presented. The motion carried, 7-0. III. APPROVAL OF MINUTES —August 30, 2004 Bierman asked that on Page 5 under VIL A. that the first paragraph, second to the last sentence be changed to read: ", ... there may be maintenance/rehabilitation work being done on them." Motion: Motion was made by Brill, seconded by Jacobus, to approve the minutes as corrected. The motion carried, 5-0-2 with Barrett and Grayson abstaining because of absence from that meeting. IV. REPORT OF CITY COUNCIL ACTION—September 7, 2004 Lambert explained that a status report of the rink repair was presented to the City Council at PARKS, RECREATION AND NATURAL RESOURCES COMMISSION October 4, 2004 Page 2 their September 7 meeting. The Council was informed that additional expenses were authorized to bring in another crew to help put piping in which will speed the project up by approximately two weeks. It is anticipated that the ice rink will be open by October 25. V. PETITIONS, REQUESTS AND COMMUNICATION A. REQUEST OF THE AOUAJETS SWIM CLUB Roger Schanus, 10240 Summer Place, President of the Aquajets Swim Club, presented a brief history of this organization. He further explained that because of the City's current policy and allocation of swim time, the Aquajets are only allowed a few hours a week for swim time. They currently have 125 swimmers with 91 of them being Eden Prairie residents. This number does not reflect new registrations or returning high school swimmers when their season is over. Schanus said their concern is to ensure that Eden Prairie swimmers' needs are met with City facilities providing them with equitable pool time. Schanus said they are requesting that a pool use committee be formed to assist in the allocation of pool time equitably based on the needs of all Eden Prairie resident swimmers. Schanus said they are also asking that the Commission act quickly to ensure that the user groups' needs are reflected in the December 1 calendar. Barrett asked how many additional hours of swim time the Aquajets are requesting. Schanus explained that the highest demand for time is approximately 3:00 p.m. to 7:30 p.m. The space they have with the City begins at 8:30 p.m. during the week, which is too late for most of their swimmers. The highest demand for time is after school ending at 8:30 p.m. and on Saturday mornings. Jacobus said it is obvious that this is a successful program. He asked how many of their participants are Eden Prairie residents. There is a limited amount of space and the Aquajets are only given so many hours of swim time and he is concerned that non Eden Prairie residents are using the hours of swim time. He asked if there is a way for them to break their teams down to Eden Prairie swimmers. Schanus said they have talked about this and they will have to do that as they grow. Jacobus asked if this group would have a problem with the policy requirement that for youth teams that are members of non-profit organizations they must guarantee that they are 95 percent Eden Prairie residents. Schanus said that would not be a problem for his organization. Bierman asked for clarification on the relationship of the Aquajets and Foss Swim Schools. Schanus explained that Foss is a Board member and is one of the founders of the team as well as a volunteer coach. Foss did serve as the head coach for 22 months but now only volunteers three days a week. Schanus said it is their hope that City staff can develop some formula that makes the swim time equitable among all teams. Barrett questioned if the Aquajets have the necessary documentation to be classified as a 501c3 nonprofit organization. Schanus responded that they are a non-profit organization called the Aquajets and obtained the non-profit 501c3 designation on September 14. They did start as the Foss Swim School and used Flagship. Five or six years ago they set up the PARKS, RECREATION AND NATURAL RESOURCES COMMISSION October 4, 2004 Page 3 Aquajets under that organization. They were affiliated with a non-profit organization until they decided to become a 501c3 organization on their own to eliminate any questions about their operating as a non-profit. They only rent space from Flagship and have no other relationship with them. Bierman asked why they broke away from the Foss Swim School and formed this group two years ago. Schanus explained that they were never part of that group. The groups are exactly the same except for their teaching philosophies. In response to a question from Grayson, Schanus responded that it is important that they act on this request quickly because of scheduling to take place December 1. The season schedule is decided in the next two months and they want to make sure that they are heard and seriously considered for swim time. Mark Davis, President of the Eden Prairie Foxjets Swim Team, explained that the focus of this meeting is not only about pool time but the broader issue of the Priority Use Policy that affects all of the youth organizations. The Aquajets state that they do not want to take pool time away from any organization but any additional pool time the Aquajets gets will take pool time away from the Foxjets. Davis presented a brief background of the Foxjets Swim Team explaining that they have been a non-profit 501c3 youth athletic organization in Eden Prairie for over 20 years. Davis said it appears that the Aquajets are a part of the Foss Swim School, which is a multi-million dollar for profit entity. He asked that the City inquire about the Aquajets non-profit status over the last two years and if they are a duly formed swim organization in the City at this time. In response to a question from Moriarity, Davis explained that they have 247 registrants with 170 of them being Eden Prairie residents. Lambert asked Davis what the Foxjets would do if 91 Eden Prairie swimmers wanted to join their club tomorrow. In response to the question from Lambert, Davis explained that their charter states that they are open for all Eden Prairie members and if they were unable to accommodate Eden Prairie residents they would have to ask the non-residents to leave. Lambert asked if they only had so much pool time available and they require that 95 percent of the participants be Eden Prairie residents how that would affect the Foxjets. Davis explained that they would not be able to continue. They charge the members what they need to pay for coaching costs. They are not here to make money. Kids want to be part of their program because they are a championship team and they send kids to college with scholarships. If they do not have a membership of 250 they cannot cover their budget. Bierman asked if the Foxjets have informed the parents that there may be a conflict with pool time. Davis stated that the policy is in place at the City and he did not assume anything would happen this season. No one had indicated that they would have to contemplate giving up pool time for the season. Bierman asked staff if the organizations have complied with the policy requirements, in particular, the filing of bylaws and financial statements. He asked if they have copies of the bylaws. Pat Moran, attorney representing the Aquajets, explained that the Aquajets is a duly formed 501c3 non-profit entity effective September 14, 2004. Barrett asked what they were the last two years. Moran explained that the Aquajets did not use Eden Prairie pool time two years ago. The reason for the Aquajets incorporating separately was so that Eden Prairie kids get equal and fair consideration for pool time. Schanus pointed out that PARKS, RECREATION AND NATURAL RESOURCES COMMISSION October 4, 2004 Page 4 they have no connection to Flagship other than renting pool space from them. Also, they have no legal association with the Foss Swim School. The Aquajets were formed at the beginning of this season and papers were filed on Friday with Minnesota Swimming and are listed as Aquajets, Inc. Moriarity asked if the Aquajets are asking for more pool time or more prime pool time. Schanus said they are looking for prime time. There are 91 Eden Prairie swimmers that do not have any pool time. Schanus said they are also looking for a policy that has more fairness. Jacobus asked if the Aquajets could withstand the policy with the 95 percent requirement. Schanus said they are just about breaking even and they may even lose money. If necessary, they would adjust their budget accordingly. Lambert said one of the things they need to look at is why they should treat swimming teams different than any other teams when they are short facilities. Obviously, they are tying Eden Prairie kids to Eden Prairie facilities. We have two teams each with a significant number of non-residents, and not enough pool time to accommodate both teams. Perhaps we should consider requiring 95 percent of the membership being Eden Prairie residents. He suggested that they forget past history. As of September 14 they have a non-profit group and perhaps a Priority III team that needs to be considered. Lambert also suggested that they have the City Attorney review the documentation of the Aquajets to determine if they are a Priority III team. Assuming they are, and that they should have equal access to the pool,perhaps these two organizations should be treated like the other organizations that are all using the same facilities. Lambert said he is more inclined to see how Eden Prairie kids can get prime time. If that means raising the membership to 95 percent residency that is what should be done. They need to look at all of the options available. Cole pointed out that the policy for all other sports is to have 95 percent residency and he said it makes most sense to have the same policy applied to all sports. Shah explained that based on the formula used to determine the highest priority for swim teams; the Foxjets should have 65 percent of the time while 35 percent of the time should go to the Aquajets. Dave Gobel, representative from Minnesota Swimming, explained that the need for additional pool time has been an on-going problem throughout the state. Whenever a new club forms there is always the question of where they will find pool time. Jan Mosman, an Eden Prairie resident, said the Aquajets are a valuable addition to the City's swimming program and they do compete against the Foxjets. Both of these organizations are valuable organizations to the City. Lambert recommended that the Commission continue this item to the November meeting and in the mean time direct the City Attorney to review the information provided by the Aquajets to confirm that they are a Priority III team. If the City Attorney does find that they are a Priority III team the Commission should authorize staff to form an ad hoc committee to evaluate how the pools are used and see if they can't accommodate some of the Aquajets' requests for next season. He suggested that the committee look at the use of the pools to be sure they are being used efficiently and even consider adding additional swimmers to a lane. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION October 4, 2004 Page 5 If it is determined that they cannot accommodate the additional organization's pool time, they may need to change the percentage requirement for Eden Prairie swimmers. Lambert said it is imperative that they make sure that the Eden Prairie swimmers get to use the Eden Prairie facilities before they accommodate swimmers from other cities. Lambert said the Commission would be reviewing the Sports Facilities Committee Charter Statement later on in the agenda. The first priority of this Committee may be looking at the City's policy establishing guidelines for priority use of public facilities. They should look at how they are sharing other facilities among other legitimate Eden Prairie organizations that meet the definition of Eden Prairie non-profit groups. Lambert explained that at this time they are not following this policy by giving 100 percent of the facilities available to the organization with the highest priority, and they may want to look at it and possibly change it. Motion: Motion was made by Moriarity, seconded by Brill, to refer to the Eden Prairie City Attorney documentation provided by the Aquajets to issue an opinion on whether or not the Aquajets would meet the requirements for a Priority III classification. The motion carried, 8-0. Bierman thanked both organizations for their professional presentation to the Commission. He suggested that the two organizations get together to see if they can resolve this issue and to continue to try and work out something. Lambert said should the two groups meet they might want to include City staff. He also suggested that City staff monitor use of the pool facilities for possible suggestions on how it might change to be more efficiently used. Lambert suggested that staff bring some options and/or recommendations for pool usage to the November meeting. They may eventually have to have a phasing program or percentage of residents to accommodate Eden Prairie residents. Motion: Motion was made by Barrett, seconded by Bierman, to direct staff to bring back to the Commission, at their November meeting practical analysis of the current situation of pool usage and to come back with various concepts for clarifying the current rules and ramifications and what highest priority means. Moriarity questioned the forming of a swimming pool ad hoc committee at this time or if they should wait for staff's recommendation. He said he thought there was some urgency to get this issue resolved quickly. Moriarity suggested that they appoint a committee now and direct staff to report to the City Attorney their findings and to have the committee do some of the work prior to coming back in a month. DeGree suggested that any recommended changes be made for the spring season since the City already has a contract with the Foxjets for pool time for September through the end of March. Brill questioned if the pool would fall under the Sports Facilities Committee that is being proposed. Lambert explained that staff is proposing an ad hoc committee that would report to this Commission. This is a philosophical discussion that belongs at this level. The ad hoc committee will, on occasion, make recommendations to this Commission for changes or updating of the policy. This is the level that should be making decisions and recommendations on a final policy change. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION October 4, 2004 Page 6 Crain questioned the time line for this issue. Lambert responded that a contract with the Foxjets had been entered into in September for the winter season and the City cannot go back on the contract with the group. They can,however, still look at the pools and if they are not efficiently used they can make recommendations for changes to the hours and how the pool is used. Vote was called on the motion with all members voting aye. The motion carried, 8-0. VI. OLD BUSINESS A. SPORTS FACILITIES COMMITTEE CHARTER STATEMENT Lambert reported that the proposed Sports Facilities Committee would be a permanent ad hoc committee to this Commission. He explained that the best way to establish this Committee is to have a Charter Statement that spells out the role and responsibilities of the Committee. Once the Commission approves the Charter Statement, it will be forwarded to the City Council for their approval. At this point they are basically saying that they are going to verify whatever the policy is. Jacobus asked if there are things in the Charter Statement that could be changed because of the issue of pool time. Lambert responded that hopefully the swimming issue would be resolved by January when the first meeting of the Sports Facilities Committee would be held. The facilities located in the City are owned and used by its residents and rules on how they are to be used affect all of those users. Those users should be making the decisions on its use rather than staff. Barrett pointed out that this Charter Statement could change in a month. He suggested that they wait until the pool issue is resolved before they approve this Charter Statement. Lambert said staff would like to take to the City Council the Charter Statement as soon as possible to show them what they want to do and to outline what this group will do. Once the Charter Statement is approved, staff can then send it to all of the Associations asking them to appoint their representative. The City Council will then appoint the members to that Committee so this group can start operating. Lambert indicated that there isn't sufficient time to wait until the pool issue is resolved. Motion: Motion was made by Gerst, seconded by Grayson, to approve the establishment of a Sports Facilities Committee responsible for assisting City staff in determining the fair allocation of City sport facilities based on the policy that establishes guidelines for priority use of City facilities; as per the Charter Statement. Bierman recommended that the initials (SFC) be added after"The Sports Facilities Committee" in the first paragraph of the Charter Statement. Bierman indicated that the Charter Statement does not imply that any City staff member is on the Committee. Lambert explained that a staff person is not a voting member but serves as a liaison, which is addressed on Page 3. Bierman suggested that the third bullet on Page 2 be amended to read "Association or Club is open to all ...... ". He also recommended that the fourth bullet on that page also be amended to read "All Association or Club Board meetings are ..........". Under"H.", Bierman suggested that sentence be amended to read "Committee members representing various Associations or Clubs will be responsible for providing all data by the PARKS, RECREATION AND NATURAL RESOURCES COMMISSION October 4, 2004 Page 7 deadline set by this Committee from their ..........". Bierman said if the information is not submitted in a timely manner, the Associations should not expect to be able to use the facilities. Jacobus asked if the parents vote on the Board membership. Bierman responded that a person had to earn the right to vote by attending Board meetings. Bierman suggested that they change the fourth bullet on Page 2 to read "All Association or club Board meetings are open to the public with parents of the participants able to become eligible to vote on Board members". Gerst agreed to amend his motion to include the amendments mentioned above. Vote was called on the motion to approve the establishment of the Sports Facilities Committee as per the amended Charter Statement. The motion carried, 8-0. Motion: Motion was made by Barrett, seconded by Gerst, to appoint Tom Bierman, Cari Grayson and Randy Jacobus to serve on the Sports Facilities Committee as the Parks, Recreation and Natural Resources Commission representatives. The motion carried, 8-0. B. PARK REFERENDUM FOLLOW-UP SURVEY Lambert reported that at the last City Council meeting John Schamber and Dave Bender presented the results of their survey on the individuals who voted on the May 11, 2004 referendum. The bottom line was that the referendum failed because of the single question. The referendum was hurt most by the inclusion of the outdoor family aquatic center. Voters were also influenced by the upcoming school referendum. Sixty-nine percent of all voters thought the City should attempt another park referendum some time within the next two years. Lambert said the Commission should begin thinking about what kind of package they would propose for the Council's consideration when they are ready to consider another referendum. With regard to the pool, Lambert said staff is willing to take a look at the feasibility of designing a first-phase pool at the Community Center that would be done with revenue bonds. Once the first phase is paid for they can look at a second phase as pool revenue permits. Barrett said he feels the referendum should include as many questions as possible. Barrett said he would like to authorize staff to put together some options for a possible future referendum. Motion: Motion was made by Gerst, seconded by Jacobus, to authorize staff to bring back to this Commission for further discussion a variety of options for a possible future referendum. The motion carried, 8-0. VII. NEW BUSINESS A. RECOMMENDATION TO AUTHORIZE PLANNING FOR PHASES OF TRAIL SYSTEMS WITHIN EDENBROOK, RILEY CREEK AND PURGATORY CREEK CONSERVATION AREAS PARKS, RECREATION AND NATURAL RESOURCES COMMISSION October 4, 2004 Page 8 Lambert explained that the City has had plans for constructing trails within these conservation areas in the City's Park and open Space System Plan for over twenty years. City staff needs to have detailed information on the trails in these locations including the type of trail, location of the trail, location of bridges and estimated costs, to include cost estimates within the five-year CIP. Lambert said they are asking the Commission to recommend to the City Council that staff hire a planning consultant to assist City staff in developing plans and cost estimates for developing trails. They need to have a master plan and they need to have it done by a competent planning consultant. Once the plan is complete, this consultant will recommend a phasing process based on funds available and what makes best sense. The plans will then be taken to the City Council for approval and public hearings will be held. Grayson asked if staff has an estimate as to the cost for a planning consultant. Lambert said they do not and will have one after they receive the RFP's, which will include cost estimates. This information will be brought back to the Commission for approval. Lambert said he estimates the cost to be between $20,000 and $50,000. Motion: Motion was made by Crain, seconded by Grayson, to recommend the City Council authorize staff to hire a planning consultant to assist City staff in developing plans and cost estimates for developing trails within the Riley Creek Conservation Area from County Road 1 south and east to Miller Spring; and from Homeward Hills Road south to Riverview Road within the Purgatory Creek Valley; and within the Edenbrook Conservation Area. The motion carried, 8-0. B. PROPOSED COMMUNITY CENTER MEMBERSHIP RATE INCREASE FOR 2005 DeGree explained that they have not increased Community Center membership rates since January, 2003. Based on current improvements being made, staff has found that the proposed rates would be comparable with other communities. Based on that information, staff is recommending a 10 percent increase on all annual membership rates and an increase in the daily fitness center user rate from$3.50 to $6. Also, staff would like to offer the community a three-month membership to accommodate those individuals who vacation in the winter, students who would like to join during the off season of their sports and any other individual that would prefer a short-term membership. Moriarity asked if it would make sense to keep the youth membership at$85 rather than increase it to $100. DeGree pointed out that individual youth is under family memberships. Staff looked at increasing all of the fees equally across the board. Jacobus asked if staff feels these increases will affect membership. DeGree said she did not believe so since this is the first increase in two years. Jacobus said he feels that the $3.50 daily user fee will get people to use the new equipment and may encourage them to sign up for a membership. He suggested that for the first year they keep it at$3.50 to get people into the Community Center to use the new equipment. Gerst said he feels that the proposed PARKS, RECREATION AND NATURAL RESOURCES COMMISSION October 4, 2004 Page 9 $6 daily fee is a big increase and he would recommend that they lower that to $5. Grayson said she agrees. The increase is larger than 10 percent. Obiazor explained that staff's rational for raising the daily fee to $6 was so that users would look at an annual membership rather than pay the daily fee. It makes more sense to consider membership for three months than paying the $6 daily fee. Crain suggested that they look at offering guest passes to encourage people to see what improvements have been made to the Community Center. Moriarity said he would rather see the daily fee lowered than change the youth fee. He said he feels the $6 makes it unlikely that people will use the facility. Barrett recommended that they change the daily fee to $4.50 and if they see a drop in membership they take another look at it and readjust that fee accordingly. Obiazor asked that it be rounded off to the dollar making it easier for staff to work with rather than having to deal with coins. Gerst said he would recommend that they change the daily fee to $5. Motion: Motion was made by Moriarity, seconded by Brill, to increase Community Center membership rates and Fitness Center daily user fees effective January 2005 as set forth in the proposed handout with one change to the daily user fee with the proposed rate being $5 instead of$6. The motion carried, 8-0. VIII. REPORT OF STAFF C. DIRECTOR OF PARKS AND RECREATION SERVICES D. MANAGER OF RECREATION SERVICES E. MANAGER OF PARKS AND NATURAL RESOURCES VII. ADJOURNMENT Motion: Jacobus moved, Grayson seconded, to adjourn the meeting. The motion carried 8-0. The meeting was adjourned at 9:45 p.m.