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Parks and Recreation - 11/01/2004 APPROVED MINUTES PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MONDAY, NOVEMBER 1, 2004 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS PRESENT: Rob Barrett, Tom Bierman, John Brill, Tom Crain, Cari Grayson, Randy Jacobus, Ian Mackay and Michael Moriarity COMMISSION MEMBERS ABSENT: Jeffrey Gerst COMMISSION STAFF PRESENT: Bob Lambert, Director of Parks and Recreation; Stu Fox, Manager of Parks and Natural Resources; Lyndell Frey, Adult Athletic Coordinator; 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. Gerst had telephoned and indicated that he would be absent from this meeting. II. APPROVAL OF AGENDA Motion: Grayson moved, seconded by Bierman, to approve the agenda as presented. The motion carried, 8-0. III. APPROVAL OF MINUTES —October 4, 2004 Motion: Motion was made by Brill, seconded by Grayson, to approve the minutes as presented. The motion carried, 7-0-1 with Mackay abstaining because of absence from that meeting. IV. REPORT OF CITY COUNCIL ACTION— October 5 and October 19, 2004 Lambert reported that there were no items from this Commission on the October 5 Council agenda. The Council did ask Staff to provide an updated report on the status of off-leash dog exercise areas in the City. This item is included on tonight's agenda. At the October 19 meeting the Council approved proceeding with an RFP for a planning consultant for designing trail systems. They also approved the Miller Park Softball building bid and authorized the establishment of a Sports Facilities Committee. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION November 1, 2004 Page 2 V. PETITIONS, REQUESTS AND COMMUNICATION A. PROPOSAL FOR INSTALLATION OF BULKHEAD —MICHAEL BOLAND Lambert explained that a proposal was presented to City staff regarding the installation of a bulkhead to the Community Center pool. Michael Boland had done research into the possibility of adding a removable bulkhead to the pool for the purpose of converting the 6-lane 25-meter pool to 5-6-lane 25-meter pool that would meet all of the diving restrictions for both High School and Club Swimming. Lambert explained that staff did look at the pros and cons for adding a bulkhead and they also talked to representatives of the pool users, the High School and the Foxjets. Lambert said they would like to thank Mr. Boland for taking the time to look into this,however, they do not feel it is a feasible proposal. Mark Davis, President of the Eden Prairie Foxjets, explained that they just received this information but have not given a formal response. By adding the bulkhead they will only have five lanes available for competition. He did not believe the High School could compete with only five lanes. This would not help the High School accomplish what they want. Barrett said he liked the thinking because the residents do want the City to do more with less. Jacobus asked what it would cost to add the bulkhead and what it would cost to deepen one end of the pool. Lambert explained that it would cost approximately $50,000 to add the bulkhead and approximately $300,000 to deepen one end. Lambert pointed out that it has been suggested that this is something they look at when they remodel the Community Center. Motion: Motion was made by Brill, seconded by Mackay, to thank Mr. Boland for his work, but to not recommend further consideration of adding a bulkhead to the Community Center Pool. The motion carried, 8-0. VI. OLD BUSINESS A. REQUEST OF AOUAJETS SWIM CLUB Lambert explained that at the last Parks Commission meeting they considered a request from the Aquajets Swim Club asking that they be considered as a Priority III team. From information staff reviewed, it appeared that the Aquajets are a Priority III team. However, a fax was received from a representative of the Foxjets indicating that they don't believe the Aquajets are a Priority III team. It appears that only 45 percent of the Aquajets' participants are Eden Prairie residents. Lambert suggested that prior to this Commission taking any action on the Aquajets' request, staff do additional investigation. This information was received late this afternoon; therefore, staff was unable to confirm it. Staff would like to give all of the people involved an opportunity to review this information. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION November 1, 2004 Page 3 Jack Barry, Attorney representing the Foxjets, indicated that they had received a packet of information from the City last Friday. They had less than one full business day to get the necessary numbers together. They did contact USA Swimming to determine whether or not the Aquajets meet the requirements with the existing formula. Barry said they believe there are significant issues as to whether or not the Aquajets satisfy the necessary requirements. They do not have 60 percent of Eden Prairie residents on their team. David Braun, General Chair for Minnesota Swimming, explained that they received a letter from Jack Barry requesting the exact membership numbers for the Aquajets. This letter was given to the registration chair at Minnesota Swimming and the information was gathered from the information provided by the Aquajets when they registered their swimmers. Barry pointed out that in order for the swimmers to compete they must be registered with this organization. Braun explained that they are in the process of registration for the 2005 season and additional registrations will be received from all of the teams. Roger Schanus, 10240 Summer Place, President of the Aquajets Swim Club, said that it was mentioned that in order to compete, the swimmer has to be a registered member of Minnesota Swimming. Schanus explained that they have Eden Prairie residents in their club who do not compete but just swim and may not be registered with Minnesota Swimming. Lambert stated that with the new proposed revised policy it would be necessary to verify some of these percentages. They will need to go to the organizations that they are sanctioned by and determine who they have registered. If the swim team has participants that compete and others that don't want to compete, they would have to insist that they register all of the swimmers on the team so that they have a way to verify the list that would come from another organization. Schanus asked if the Aquajets currently qualify as a Priority III team under the policy that currently exists. Lambert responded that they need to verify the information recently provided challenging the Aquajets qualifying under the current policy. Schanus pointed out that everyone has been aware of the existing policy for years and the proposed policy changes do not affect how they stand today. He explained that they have given the City a valid list of participants. Schanus said they have people who come from the High School not to compete but to train and he does not know if they are required to register with Minnesota Swimming. Bierman asked what percentage of the kids that are members of the Aquajets live in Eden Prairie. Schanus responded that he was not exactly sure but thought it was around 70 percent. They did provide the City with a current list for the current season. Lambert said the list showed that out of 141 registered swimmers, 64 of them are Eden Prairie residents. Braun said that as General Chair of Minnesota Swimming,he feels it is only fair that they request the same information from the Foxjets from Minnesota Swimming as they did for the Aquajets. In order for a swimmer to swim with a sanctioned team, they must be registered with USA Swimming and Minnesota Swimming. Braun said they would not be PARKS, RECREATION AND NATURAL RESOURCES COMMISSION November 1, 2004 Page 4 able to provide the City with names because of privacy rules but they would be happy to allow this Commission the opportunity to review the address listing. Schanus said they never came before this Commission to get into a contest with the Foxjets. They came here requesting a change in the Policy that they do not feel is fair. Lambert explained that this evening the Commission would consider proposed changes to the Priority Use Policy. Once the Commission is happy with the proposed changes to the Policy, they will send it out to the various organizations for their review. The organizations will then be asked to bring their recommendations to the first meeting of the Sports Facilities Committee for discussion and,hopefully, they will arrive at a recommendation for Policy changes for consideration by this Commission and ultimately the City Council. This would be a three or four month process that would begin this evening. The first thing they must do is decide whether or not the Aquajets would be part of this process. Barrett said he did not understand why this Commission has to approve whether or not the Aquajets are a Priority III team. Lambert said they don't have to but the Aquajets did come before this Commission with a request for additional pool time. If the changes to the Policy are adopted and the Aquajets are classified as a Priority III team, they could eventually get additional pool time. Lambert explained that they have received additional information challenging the Aquajets' numbers. Staff will now have to verify those numbers and if it is determined that the Aquajets are not a Priority III team they will not be involved in the process and Sports Facilities Committee. Jacobus asked if it is determined that the Aquajets are a Priority III team, will they be provided with excess swim time. Lambert responded that right now they have no definition of excess swim time. They have no way to define whether or not they are making good use of the pool time. This is something City staff will have to determine. Lambert suggested that staff meet with representatives of the High School, the Aquajets and the Foxjets to determine when pool time is not being used efficiently. Lambert said there are a lot of reasons for updating and revising the existing Priority Use Policy. They need a clean policy that follows closer to the State law and does a better job of serving Eden Prairie kids. Moriarity questioned the urgency of this issue since the Foxjets have a contract with the City through March. Barrett said he did not see the need for this Commission to take any formal action on this item. He suggested that staff review the information provided and determine whether or not the Aquajets qualify as a Priority III team under the current Policy. Motion: Motion was made by Moriarity, seconded by Mackay, to table determining the status of the Aquajets Swim Club as a Priority III team. Grayson suggested that they obtain the same information from the Foxjets as required of the Aquajets. Lambert said staff will do that and if any additional information needs to be brought back to this Commission they will do so. Vote was called on the motion with all members voting aye. The motion carried, 8-0. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION November 1, 2004 Page 5 B. PROPOSED CHANGES TO PRIORITY USE POLICY Lambert explained that during the discussions with the Aquajets and Foxjets Swim Clubs regarding the priority use of swimming pools, both groups had many questions regarding the City's existing policy. City staff have reviewed the policy with the City Attorney and have recommended a number of changes to the policy to clarify how it is administered. Lambert reviewed with the Commission the proposed changes to the Priority Use of Public Facilities Policy. Roger Schanus, 10240 Summer Place, President of the Aquajets Swim Club, asked that the Commission not require all organizations to file an audited financial statement with the City each year. This would be difficult for small organizations and would put a financial burden on them. Lambert said this is something staff is recommending and the various organizations will have the opportunity to review this requirement and make recommendations to the Sports Facilities Committee. Jacobus said he is opposed to requiring each organization to be organized as a member corporation where members are entitled to elect the Board of Directors. He said he does not believe they can get a majority of the parents to elect a Board. Volunteers run these organizations, they are not political organizations. Jacobus said he feels the policy works fine as it now exists. He feels that what staff is proposing oversteps their bounds. Lambert suggested that they add, "If you are a member of the organization and have attended three or five Board meetings, then you are eligible to vote". Mackay pointed out that the Statute specifies that each member has the right to vote. He asked if they have to be more specific than that. Lambert said they are trying to keep it as simple as possible. If any organization feels this is not fair, they can always ask that it be changed. Bierman suggested several changes to the Policy including defining school base because there are kids that attend Eden Prairie schools but do not live in the City. Lambert explained that if you live or work in the City you are treated the same. Mark Davis, President of the Eden Prairie Foxjets, said the Policy needs to set forth that a season is in arrears. They cannot provide registrations for the current season because they need to plan ahead. Lambert responded that they will have to have each sport or organization set their deadlines based on what works for that activity. The Sports Facilities Committee will have to agree on the deadlines for getting the information into the City for each sport. Mackay pointed out that the proposed Policy talks about residency requirements changing in 2004. He suggested that this be changed because a revised Policy will not be effective until 2005. Brill suggested they add figure skating to this Policy. Lambert said figure skating would have the same rules as swimming and they would add that language to the Policy. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION November 1, 2004 Page 6 Jacobus said if you have two competing organizations that have real programs, it is not fair to give all of the facilities to one organization. Lambert said they would include this in the Policy so that the Committee can discuss whether or not it is fair. Jacobus said the Policy addresses the use of the pool. He suggested that they look at something that would be more comprehensive for all of the teams. Jack Barry, Attorney representing the Foxjets, said he is concerned about the minimum residency requirements for swim teams going from 60 percent to 90 percent. He said he does not feel it is proper for this Commission to consider this change. After reviewing various minutes,he did not see where the Commission was directed to re-look at this policy. Barrett explained that the Commission is allowed to make recommendations for changes at any time. They do not have to have direction from the City Council. They are a recommending Board. Barry said he does not feel it is appropriate for this body to be discussing this issue and spending staff and volunteer time on it without Council direction. Barry said prior to spending any additional time on this issue, they run it by the City Council for direction. They are not aware of a single Eden Prairie child who was turned away from participating in their organization. There does not appear to be any current concerns about this issue. Barry said he questions whether it would be prudent to change a Policy that would only affect one athletic group, which is swimming. It does not make sense to discuss it at an ad hoc meeting. Lambert said they need to look at this Policy and decide whether or not 60 percent residency requirement makes sense. Many athletic associations are using the City's facilities and they should all be on the same program. When they go through this process and discuss the various changes, they may decide that these percentage requirements are too high all across the board. When athletic associations are complaining about a lack of facilities they probably shouldn't consider allowing more non-residents use of those facilities. Jacobus said he has some concerns with requiring coaches to be trained or certified and the City getting involved and dictating what must be done. The organizations cannot run without volunteers and if they are required to be certified, they may lose many of those volunteers. Lambert said it all depends on the organization and who is President and how the coaches are encouraged to be trained. There is concern about the City being self- insured and how they determine risks. The City allows the volunteer athletic associations to use the City facilities and ultimately the City could be named in a lawsuit. The City must be able to defend themselves. Lambert said he does not have a problem with removing this requirement but would ask each organization to take it upon themselves to have some type of training program for the volunteers. Bierman said he does have an issue with physical misconduct and is concerned with the coaches and their behavior. Jacobus said he feels this is something that should be left up to the various organizations. Lambert suggested that they change Item 6 under Requirements of Organizations that Receive Free or Priority Usage Rates for League Use of Park Facilities be changed to read: "Head coaches working in youth sport organizations are to be trained and/or certified through a program approved by the Board of Directors of each organization. This training will address values, safety and liability." PARKS, RECREATION AND NATURAL RESOURCES COMMISSION November 1, 2004 Page 7 Bierman suggested that under Purpose and Intent, they add swimming and hockey facilities as well. Lambert recommended that they change the first sentence of the second paragraph to: "It is the intent of this policy to grant priority use for exclusive or ongoing use of municipal park and recreation property to those organizations .....". Bierman said he would also like to see the Policy state that members must earn the right to vote and the number of Board meetings a member would have to attend could be left blank to be determined by the Sports Facilities Committee. Lambert explained that the City Attorney took this language from the State law. Organizations could require the parents to earn the right to vote by attending a certain number of meetings. Bierman suggested that under Number 4 of Requirements of Organizations, they might not want to have to publish committee meetings, as that section requires. Bierman also suggested that the Standards for Use of Public Facilities be amended by deleting basketball, football and volleyball and to add skating. Davis said he received this amended policy on Friday afternoon and he feels they have not had adequate time to review the proposed changes. The proposed changes for residency requirements and sharing of pools will destroy their program. Sending this document to an ad hoc committee is extremely unfair to their program. Davis asked that the Commission defer this issue back to the City Council to get their opinion and overall philosophy of the City. Barrett said he disagrees with Davis. They will have an opportunity to present their comments at the Sports Facilities Committee meeting. Davis indicated that it is unfair to put something in writing that suggests changes to the residency requirements and to present it to an ad hoc group and ask them to change the swimming program. Barrett explained that the Committee will not decide what the final policy will be,but this Commission will make a recommendation to the City Council, and it is not this Commission's intention to destroy the Foxjets' program. Lambert said when the Council adopts a policy it is not written in stone and expected to last forever. Policies may be changed. Lambert said whether or not they see changes to the program, changes have occurred and staff is reacting to a request from an Association that posed questions. Mackay explained that this Commission's role is to look at these policies,review them and then make a recommendation to the City Council. With regard to residency requirements, Bierman suggested that rather than put in specific percentages they put in a statement that the percentages are to be determined. He does not feel they need to quantify those numbers at this time. Bierman explained that their number one job is to take care of Eden Prairie residents. There are issues that need to be addressed. Lambert suggested that staff include a note under residency requirements asking that the Committee decide if the City should decrease residency requirements for these sports. Moriarity said he would like the Committee to also review a 95 percent requirement. Based on needs, 95 percent may be too high. Jacobus pointed out that last month they discussed with the Foxjets the fact that there are over 100 kids swimming in Eden Prairie facilities that are non Eden Prairie residents. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION November 1, 2004 Page 8 Jacobus said he does not feel this is the best use of pool time. Lambert explained that the Foxjets have over 100 non-residents swimming in Eden Prairie, and there are 69 Eden Prairie residents with the Aquajets saying they can't get swim time. The Aquajets went to the City Council and the City Council referred them to this Commission to evaluate the situation. Gary Greenberg, 6955 Sanders Road, suggested that the City require that the Associations obtain molestation and abuse insurance for coaches and have a discrimination policy in place. Motion: Motion was made by Moriarity, seconded by Mackay, to approve "for discussion purposes only" the revisions to the Policy Establishing Guidelines for priority Use of Public Facilities and forward those to the Sports Facilities Committee for consideration. The motion carried, 8-0. C. SPORTS FACILITIES COMMITTEE CHARTER STATEMENT REVISIONS Lambert said staff would update the Sports Facilities Committee Charter Statement to match the proposed changes to the Priority Use Policy. Moriarity pointed out that the first meeting of the Committee is scheduled for January 17, which is Martin Luther King Day. Lambert suggested that their first meeting be held on January 10. Motion: Motion was made by Crain, seconded by Mackay, to approve "for discussion purposes only" the revised language of the Sports Facilities Committee Charter Statement. Bierman pointed out that nothing states what the penalty will be if the organizations don't turn their rosters into the City in a timely manner. He suggested they add something to the effect that they may be denied use of the City's facilities if they do not provide the City with the proper information. Lambert said staff would be asking the Sports Facilities Committee to set the various deadlines for providing the necessary information. Bierman also pointed out that the Aquajets Swim Team would not be part of this Committee if they did not meet the requirements of Priority III. Vote was called on the motion with all members voting aye. The motion carried, 8-0. VII. NEW BUSINESS A. RESOLUTION REGARDING A POLICY OF NOT CONSTRUCTING FENCES BETWEEN PARKS AND PRIVATE AREAS Lambert explained that the City has had a long-standing policy of not constructing and maintaining fences between parks, recreation areas or playing fields and adjoining private property. City staff is now recommending that a written policy be adopted. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION November 1, 2004 Page 9 Motion: Motion was made by Grayson, seconded by Jacobus, to recommend the City Council approve a resolution establishing a policy of not constructing fences between parks, recreation areas and playing fields and private property. The motion carried, 8-0. VIII. REPORTS OF STAFF A. DIRECTOR OF PARKS AND RECREATION SERVICES 1. Review of Off Leash Area Lambert reported that at the October 5 City Council meeting, the City Council asked for an updated report on the status of off-leash dog exercise areas in the City. Staff drafted a memo updating this Commission as to what is going on. Lambert explained that sites for fenced off-leash areas are difficult to find in the City. Staff is recommending that the City Council consider revising the leash ordinance to accommodate people walking dogs off-leash in designated areas if those people have their dogs under voice control. Lambert said if the Commission is in agreement with the memorandum,he suggests that they send it out to the Off-Leash Area Study Committee and invite them to a Commission meeting to discuss whether or not they are comfortable with the recommendation. Once they have all agreed to a recommendation, a public meeting would be held for each proposed site. Bierman said they are looking at over 250 acres and he asked what precedent would they be setting. He said they should expect strong opposition from adjacent property owners and he hopes staff has a thoughtful management plan on how to address and work with those people. Motion: Motion was made by Jacobus, seconded by Grayson, to authorize staff to invite the residents that were involved in the Off-Leash Area Study Committee to the December 6, 2004 Parks, Recreation and Natural Resources Commission meeting to discuss the recommendations proposed and forward recommendations back to the City Council. The motion carried, 8-0. 2. Picha Property Option Agreement Lambert reported that staff recommended to the City Council that they not extend their option on the Picha property or enter into a purchase agreement for the property. B. MANAGER OF RECREATION SERVICES 1. Girls on the Run Program Beth DeGree presented a brief overview of the Girls on the Run Program. She explained that this program is offered to grades 3 through 5 and Eden Prairie is the second community in Minnesota to offer this program. A short video of the program was shown. DeGree said the ultimate goal is to run a 5K race. The first session of the PARKS, RECREATION AND NATURAL RESOURCES COMMISSION November 1, 2004 Page 10 program started in September and they had 24 participants. The second session will begin in March. Grayson commended DeGree on implementing the program and feels that it is a very worthwhile program and should be continued. DeGree said the program will be included in their next brochure and they will also be mailing flyers out to families. Bierman said one theme he has found that has worked for him is the "can do, can do, I can do it" theme. C. MANAGER OF PARKS AND NATURAL RESORUCES 1. Contract for Miller Park Softball Building Stu Fox reported that the City Council awarded the Miller Park Softball Field Complex Building project to American Liberty Construction, Inc. with a bid amount of$349,400. Construction of the building is expected to begin on or around November 1 with completion in late April 2005. Bids did come in below estimate. IX. ADJOURNMENT Motion: Brill moved, Jacobus seconded, to adjourn the meeting. The motion carried 8-0. The meeting was adjourned at 10:45 p.m.