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City Council - 09/07/2004 - Workshop APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL OPEN FORUM TUESDAY, SEPTEMBER 7, 2004 CITY CENTER 6:45—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson,Fire Chief George Esbensen, Public Works Director Eugene Dietz,Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, and Recorder Lorene McWaters I. OPEN FORUM A. ROGER SCHANUS AND KAREN HAKES Karen Halves distributed folders of information that included Aquajets and Foxjets swim times at the Community Center and Oak Point pools for 2004. Roger Schanus introduced himself as an Eden Prairie resident and the parent of four children who belong to the Aquajets swim club. Mr. Schanus said he feels allocation of prime swim time at the two pools run by the City is unfair. He referred to the Parks and Recreation Department policy guideline that states: "If teams or organizations are at the same priority level, then the team or organization that serves the highest number of Eden Prairie residents will receive the higher priority status in terms of field,pool,rink and court reservations." Schanus said Aquajets has 77 swimmers and Foxjets has 199 swimmers, yet Aquajets has no primetime swim hours at the pools. He said Aquajets has been forced to practice at Flagship,but as that facility becomes busier, fewer hours are available. Schanus said his organization is looking for a more fair allotment from the City. He said he has worked with both Beth DeGree and Laurie Obiazor on this issue, and they have both been great. Schanus said one way to look at the issue is that since 28 percent of Eden Prairie kids who swim belong to Aquajets,they should be entitled to 28 percent of prime swim time. He said since there are eight lanes in a pool, Aquajets could be allowed to use two of the lanes while the Foxjets use the other six. Schanus said he has no animosity toward the Foxjets, he just wants what is fair. He said the hockey association uses a mediator to address these types of issues, and perhaps that is what the swim teams need to do. He also suggested the City Attorney review the City's policy for fairness. Mayor Tyra-Lukens asked that the policy be referred to the Parks and Recreation Commission for review. Parks and Recreation Director Bob Lambert agreed that the Commission should review the policy since they drafted the policy. B. STUART NOLAN AND NATHAN BERGELAND City Attorney Ric Rosow told Council that Mr.Nolan and Mr. Bergeland have initiated a lawsuit against the City; therefore, Council can listen to their concerns, but should refrain from making comments and asking questions. Bergeland said access to his property has been blocked by building activity on an adjacent lot. He said he needed to have immediate access because he was holding a wedding at his home in a few days and he felt he was not getting the response he needed. He said he filed a lawsuit to "point out some issues." He said he believes smart people can discuss an issue and come to an amicable decision. He said that during the history of these properties in"many instances decisions have not been upheld from planning through the permitting process." Mr.Nolan gave Council a list of"deviations"that he would like to be addressed. He asked Council to "please uphold the words you put in the developers agreement." He said his only interest is to get the developers agreement upheld. He said if that is accomplished, there will be no law suit.