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11/29/2005 - City Council Special MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 29, 2005 A special meeting of the Eagan City Council was held on November 29, 2005 at 5:30 p.m. at the Eagan Municipal Center to consider the Settlement Agreement for Wensmann vs. Eagan that was originally scheduled on the November 15, 2005 City Council Agenda. Present were Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. Also present were City Administrator Hedges, City Attorney Mike Dougherty, Appointed Legal Attorney George Hoff, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Parks and Recreation Director Johnson, Communications Coordinator Foote, Director of Community Development Hohenstein, City Planner Ridley, and Administrative Intern Genee Walz. AGENDA Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors to be heard. Councilmember Tilley arrived at 5:39p.m. CONSIDER APPROVAL OF SETTLEMENT AGREEMENT WENSMANN REALTY, INC AND RAHN FAMILY LLP VS. CITY OF EAGAN City Administrator Hedges introduced this item stating that the item was scheduled for consideration at the November 15, 2005 City Council meeting. However, upon consideration on the 15th, the Council continued consideration of the Settlement Agreement to a Special City Council meeting on Tuesday, November 29, 2005. Mayor Geagan welcomed attendees and stated that the purpose of the meeting was to learn about the proposed settlement agreement in the case of Wensmann v. City of Eagan and to consider action on the proposed settlement. He outlined the order, expectations, and proposed outcome of the meeting. Mayor Geagan emphasized that although public testimony is welcome pertaining to the settlement, there will be no discussion of the merits of any development proposals. Mayor Geagan then gave a brief chronological summary of the City of Eagan?s history with the Carriage Hills Golf Course property as well as the City?s past exploration of operating a municipal golf course within the City. Copies of the contingent settlement agreement were distributed to the audience by City Attorney Dougherty. Appointed Legal Attorney George Hoff provided a summary of the proposed settlement agreement. Mr. Hoff noted that the proposed settlement agreement was titled ?Contingent Settlement Agreement.? He clarified that the proposed settlement agreement was contingent upon Wensmann making an application for an amendment to the Comprehensive Guide Plan for a Special Area Plan on the Carriage Hills property. Hoff added that the City shall then review the application through the ordinary review and hearing process. Mr. Hoff emphasized that nothing in the proposed settlement agreement undermines the normal review process. He added that if, after normal review procedures, the City approves the amendment application, then the lawsuit will be dismissed. If the City denies the amendment application, the lawsuit will continue through the Court of Appeals. Mr. Hoff added that although the application for amendment to the Comprehensive Guide Plan is attached, the City is not bound to approve the attached proposal. Hoff noted that the action before the Council tonight is to accept or deny the proposed settlement, not the development project. He emphasized that approval of the proposed settlement only outlines the process for a solution. With the understanding that the action before council was not approval of the development plan, Mr. Hoff outlined the proposed development plan. He stated that in concept the plan includes 480 residential units with a mix of housing types and an executive golf course that would be open to the public. He stated the golf course would be privately owned. However, Hoff added, if the course ceases to be private, there is a mechanism in place that ensures the City will assume ownership of the property as a golf course or open space. Eagan City Council Meeting Minutes October 6, 2005 Page 2 Mr. Hoff then addressed the issue of attorney/client privilege, stating that it is important that Council can meet with their attorneys in private as provided for under Minnesota state law. Hoff added that if the topics discussed in closed sessions are expressed in public, there may be a waiver of this privilege. He concluded it is the City Council?s fiduciary obligation to protect this privilege and refrain from discussing these matters in a public setting. The Mayor asked for questions from Council. Councilmember Maguire asked if the golf course would be open to the public. Mr. Hoff replied that although privately owned, the golf course would be open to the public. Councilmember Tilley asked if the application would come before Council like any other application. Mr. Hoff replied that the application will go through the normal process. Mayor Geagan opened the floor to public testimony. Twelve citizens spoke during the public comment period, expressing their concerns with the following: the integrity of the Comprehensive Guide Plan if it is amended; other options considered by the City besides settlement; loss of faith in Council by voters; not being able to go back once the land is developed; citizens? desire for open space; loss of quality of life; consequences of exceeding the recommended percentage of non-single family homes; a possible briefing of positive and negative consequences of settling; staying course with the lawsuit until a judicial decision; negative consequences for other golf course properties; possibility of involving other organizations, such as the Carriage Hills Coalition, in private discussions; valuing the land as a golf course, not as residential, in sale negotiations; support of local businesses; positive presence of golf course in lower-income neighborhood; possible future suit by the citizens of Eagan; differences between the Special Area Plan and a Planned Development; financial viability of an improved golf course; typos in the proposed settlement; consequences of settling but the order not being vacated; participation of amicus parties in privileged settlement discussions; and housing density in the City. Council and attorneys responded to a list of questions generated during the public comment period. Mr. Hoff stated if the lawsuit continued through the district court, the decision could set precedent for similar cases in the future. Mayor Geagan closed the public comment period and Council discussed the language of the Contingent Settlement Agreement. Mayor Geagan moved, Councilmember Tilley seconded, a motion to approve a settlement agreement in the matter of Wensmann Realty and Rahn Family LLP v. City of Eagan subject to the following changes: 1. ?April 27, 2004? changed to ?April 27, 2005? in Section 5 on page 5 of the Contingent Settlement Agreement. 2. ?Exhibit A? changed to ?Exhibit B? in Section 5 on page 5 of the Contingent Settlement Agreement. 3. ?The golf course will serve as a community recreational facility for the area? changed to ?The golf course will be open to the public for use and serve as a community recreational facility for the area? on page 3 of Exhibit C. 4. All Detached Townhomes, Luxury Twinhomes, Row Twinhomes, New Urban Townhomes, Senior Housing Units, and Condominium Units will be designated as Owner-occupied. 5. The golf course will be open before closing on the sale of residential units. 6. Development of the property, the improvements and housing proposed are subject to the City?s design review and approval and any modifications to the approved design must be approved by the City Council. Aye: 5 Nay:0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the Special City Council meeting at 7:00 p.m. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes October 6, 2005 Page 3 _____________________________ ___________________________________ Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.