by Erin Johnson
Thisweek Newspapers

The City Council was set to vote on whether to settle the lawsuit over Carriage Hills Golf Course when, at the 11th hour, it announced a two-week postponement.

The delay came after a private investors' group told the city it is looking to make an offer on the property and preserve it as a golf course.

The group shares some members with the Carriage Hills Coalition, an opposition group that has fought plans to develop housing on the golf course.

Last year, golf course owner Ray Rahn and Wensmann Homes sued the city after the council denied a zoning change to allow housing on the property.

Wensmann was looking to build 480 units of housing on the 120-acre golf course, which is currently guided for public and quasi-public facilities.

In May, a judge ordered the city to allow housing or buy the property. The city appealed, and has spent at least the past month in settlement negotiations.

"We were ready to take action on it last night, but we wanted to give the neighborhood the opportunity to do what they need to do,î said Mayor Pat Geagan. "At this point, it's between two private entities.î

Jim Taylor, a Carriage Hills Coalition member and spokesperson for the investors' group, said he is fairly certain an offer from the group is forthcoming.

"Whether or not it's accepted is a different story,î he said.

Because the property is likely more valuable as housing than as a golf course, the city's decision on whether to settle could make or break the investors' chances.

"Our intention is to keep it as a golf course. In our heart of hearts, we believe a golf course is viable,î Taylor said. "If the city settles, it kicks the legs out from underneath us.î

Local open space groups, including the Carriage Hills Coalition, were outraged at news that the city was to vote on a settlement. Members planned to be at the meeting in full force before the vote was postponed.

"I'd be very surprised if the city did settle,î Taylor said. "I think the city is going to win this case.î

If the city settles, it will send a message to all developers that all you have to do to win your case is "out-lawyerî the city, he said.

"The Comprehensive Guide Plan and zoning is an agreement between the citizens and government of Eagan,î he said. "If a judge can come in and rule that out, who can trust any municipality?î

Settling would also "stir up a hornet's nestî and lead to more litigation, this time filed by residents and coalition members. The loss of the golf course would adversely affect the property values of surrounding homes, he said.

"Members within our group will pursue litigation,î he said, because allowing housing would cause actual damages and harm to neighboring properties.

Because the case is in litigation, Geagan could not say why the city is considering settling at this point. But he did say that maintaining local control of decision making, the reason cited for appealing the judge's decision, is still a council priority.

The council is scheduled to vote on the settlement agreement at a special meeting Nov. 29 at 5:30 p.m.

Erin Johnson is at eagan.thisweek@ecm-inc.com.

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