THOMAS E. CASEY

Attorney at Law

2854 Cambridge Lane

Mound, MN 55364

(952) 472-1099

(952) 472-4771 (fax)

tcasey@visi.com

December 21, 2005

Eagan City Council

c/o Tom Hedges

City Administrator

City of Eagan

3830 Pilot Knob Road

Eagan, MN 55122 VIA FAX AND U.S. MAIL

(651) 675-5694

RE: Carriage Hills – Bond Referendum

Request for Item on January 3, 2006 City Council Agenda

Dear City Council and Mr. Hedges,

As you are aware, my client, Carriage Hills Coalition, is seeking to protect Carriage Hills from development. The best form of protection is for the City of Eagan to acquire the property as a public park. You will note that City Comprehensive Guide Plan (2001), Figure 8.4, lists Carriage Hills as a “potential acquisition site.”

Carriage Hills Coalition believes that Eagan residents should be allowed the opportunity to decide whether Carriage Hills is worthy of protection as a public asset. The best way to answer this question is by placing this matter on a special election ballot.

There are two ways to place this question on a special election ballot:

OPTION 1: SPECIAL ELECTION ON CITY COUNCIL MOTION. Minnesota Statute 205.10, Subdivision 1, states in part, “A special election may be ordered by the governing body on its own motion …” This option is my client’s first choice because a special election can be held sooner and it saves citizens’ valuable time and resources by not having to circulate a Petition For Bond Referendum. Therefore, Carriage Hills Coalition requests that the City Council adopt a resolution placing this question on a special election ballot. Subject to your best estimate of the acquisition cost and review by the City Attorney, the suggested language is:

“Shall the Egan City Council be authorized to issue and sell general obligation bonds

in an amount not to exceed $____________ to finance the acquisition of the 120-acre property known as Carriage Hills, to be used for park and open space purposes?”

OPTION 2: SPECIAL ELECTION BY CITIZEN PETITION. Minnesota Statute 205,10, Subdivision 1, also states that an special election is required if a “… petition is signed by a number of votes equal to 20 percent of the votes cast at the last municipal general election.”

(See Op.Atty.Gen., 472-0, March 20, 1961; and Handbook for Minnesota Cities, Chapter 5, pages 5-38 to 5-39, revised 9/6/05.) If the City Council selects this option, Carriage Hills Coalition requests that the City Council adopt a motion directing staff, with the assistance of the City Attorney as necessary, to accomplish the following:

1. Confirm the number of voters at the last general municipal election. (The purpose is to calculate the number of petition signatures necessary for a special election.)

2. Confirm the market value of the land and provide an estimate of other acquisition costs, in the event the City Council decides to invoke eminent domain to acquire the property. (The purpose is to insert a dollar amount in the Petition for a Bond Referendum.)

3. Provide a special election time frame.

4. Determine whether the proposed Petition for Bond Referendum is in proper legal form and, if not, provide a recommendation on how to rectify any deficiencies. (A sample petition is attached.)

If “Option 2” is selected, the City Council’s motion should also direct staff and the City Attorney to report their findings at the January 17, 2005 City Council meeting.

Please place this letter and the attached Petition for Bond Referendum on the City Council agenda for the meeting on Tuesday, January 3, 2006.

On behalf of the Carriage Hills Coalition, I thank you in advance for your kind consideration. I look forward to hearing from you.

Very truly yours,

Thomas E. Casey

TEC/rf

cc: Carriage Hills Coalition

file

Enclosure