Loading...
Newspaper Clipping - Newspaper Clipping Scan - Intersection opens, 35E growing south. Advertising section of the St. Paul Pioneer Press. - 1/1/1959��f .3 A newly completed six -mile stretch of Interstate 35E, which will provide Dakota County residents a Zink with St. Paul, will open officially at 10 a.m. Saturday. By Thomas B. Koetting Staff Writer After nearly a year of celebrat- ing Eagan's 125th birthday, the city is ready to mark the entry into a new age. Eagan will celebrate the opening of Interstate 35E Saturday, and al- though the freeway link is just one in a series of transportation ad- vances in the southern suburbs, it is the latest — and perhaps boldest — reminder that rural Dakota County is rapidly giving way to the sprawling urban network. "We have a unique geographic location being 10 miles from Min- neapolis and 10 miles from St. Paul," said Eagan Mayor Bea Blomquist. The city has allegiances to both cities ... Highway 77 has opened us up to Minneapolis, and I- 35E will open us up to St. Paul." The I-35E celebration begins at 9 a.m., with a private reception for Please see Ceremon /8 Kirk Lyttle/Staff Artist This ma • shows the ection of 1-35E th . i l o• en Sat r • a . -By Thomas B. Koetting Staff Writer By the time it slides past Orvil, Texas, the border town of Laredo is just a memory in the rear-view mirror. Up past the peach -colored capi- tol in Austin, it splits to reach a string of bank towers in Fort Worth and the Coliseum in Dallas, then reunites and heads across a vast stretch of Texas plains until the lights of Oklahoma City glimmer in the distance. A soft right turn sweeps it past the Kemper Arena in Kansas City, and then it heads with a straight shot through Iowa to the Twin Cit- ies, where it veers left on its way to Duluth and right on its way to nowhere. Nowhere. End of the line. Pull over and get a map. After hundreds of miles and more roadside greasy -spoon stops than a rider could count, travelers headin : for St. Paul on that sprawling stretch that cuts across the heart of the country run out of road. Interstate 35E, not essential to Interstate 35 but vital to the flow. of travel through the Twin Cities southeastern suburbs, humbly turns into a one -lane exit ramp. This week, that changes, at least a little. Despite the new technology, the greatest single motivating force for development and growth still is roads. And the formal opening of Interstate 35E in Dakota County Saturday is concrete acknowledge- ment that the Twin Cities are growing south. There is more work to be done on I-35E, particularly on a contro- versial stretch of land through ur- ban St. Paul. But with Saturday's ceremony, Dakota County will have its link to the capitol city and the invisible wall of the Mississippi Please see Highway/6 IOTA S. St. Paul Pioneer Press and Dispatch GROWING SOUTH akota County is mix of old and new iLtso utonomy, identity are long-established By Lucy Dalglish Staff Writer Drive down Interstate 35E in the northwestern part of Dakota County and take a good look at the scenery. Everything — from the concrete on the freeway to the roadside convenience stores — looks brand new. But Dakota County didn't appear over- night with the opening of the interstate belt - line. Long before development took off like ' wildfire in the northwestern part of the county, Dakota County had established its identity. Perhaps more than any other coun- ty in the metropolitan area, Dakota County has its own political, economic and social identity. Mention the Metropolitan Council's seven - county planning efforts to a local or county politician in Dakota County and you're likely to get a lecture on how those folks up in St. Paul and Minneapolis should stay on their side of the river and mind their own busi- ness. Talk about fiscal disparities legislation used to stimulate business in downtown Min- neapolis and St. Paul and Dakota County pol- iticians and business owners will tell you they're sick of paying the bill for the inner city's redevelopment efforts. However, the most strident criticism in the county is reserved for the University of Minnesota. The university received about 1,300 acres of prime agricultural land in the Rosemount area at the conclusion of World War II, land that had been confiscated by the federal gov- ernment for an arms plant. Local residents never have forgiven the university for accepting the land, for not turning it back to the original owners. Dakota County residents know where the Twin Cities are, and they visit frequently. But they can get along without them. Why shop in downtown St. Paul when there is Burnsville Center, the largest indoor shopping mall in Minnesota? In some respects, there are two Dakota Counties. There is the established, old-line county exemplified by West St. Paul, South St. Paul and Hastings. And there is the new, growing, developing western portion — one of the fastest growing areas in the state —' exemplified by Eagan, Apple Valley and Burnsville. Eagan Eagan probably has the dubious honor as the city with the longest twice -monthly city council meetings in the metropolitan area. Because of the volume of planning and zon- ing issues the rapidly developing city must consider, most meetings start at 6:30 p.m. and council members are lucky if they finish by 1 a.m. Because of delays in opening segment, of Interstate 35E, Eagan is one of the last cities in the northern part of the county to be de- veloped, despite its proximity to St. Paul and Minneapolis. As a result, city officials say they have been able to learn from the mistakes and successes cities such as Apple Valley and Burnsville had in establishing zoning regula- tions. Only about half of the city has been devel- oped, but already a strain has been placed on District 196, the Rosemount -Apple Valley School district that includes most of Eagan's land area. Eagan is one of the prettiest cities in the county, with rolling hills, hundreds of pictur- esque ponds and lakes and thousands of oak trees. The oak is Eagan's logo, designed to com- memorate one of the county's best-known landmarks — the Lone Oak tree. For dec- ades, the Lone Oak was the city's official bulletin board. Notices were posted on its trunk and it was a sentimental meeting place for sweethearts. But as the city grew, highways encroached on the tree, located at the intersection Of Dakota County residents know where the Twin Cities are, and they visit frequently. But they can get along without them. Lone Oak Road and Minnesota 55. By 1980, the tree was dying. After a lengthy battle between the city and state Highway Depart- ment officials, the tree was cut down in April 1984 and a replacement planted near- by at Trinity Lone Oak Lutheran Church. Apple Valley Apple Valley is known to most Minneso- ' !tans as the home of the Minnesota Zoological Garden. The zoo is a rare example of eager county - State cooperation. Dakota County officials decided they wanted the state zoo that was proposed in the early 1970s. As an incentive, the County Board offered about 500 acres of prime park land. County officials already owned some land in the area as part of Holland -Jensen County Park (now called Lebanon Hills Regional Park), but the county bought several re- maining parcels in the area and turned them over to the state. Dakota County residents have made good use of the zoo, one of the state's major at- tractions. Few residents even remember the days when Eaton's Ranch was Apple Valley's most famous landmark. For more than 50 years, the ranch was the closest many Min- nesotans ever got to the Old West. ID 1930, Arthur Eaton Sr. moved to Minne- sota from Iowa and bought 1,000 acres of hillyZforested land in Lebanon Township. Cowboys traveling through Minnesota to the South ,St Paul stockyards often stopped at Eaton's Ranch and performed in rodeos.:'• As the events started attracting specta- tors, Eaton decided to start a dude ranch. World War II stilled the dude ranch business, but the family held on to some of the land over the years and Art Eaton Jr. operated at various times a riding stable, restaurant and western store until the pine and fieldstone structures were torn down in 1982 to make room for on/off ramps where Minnesota 77 intersects Dakota County Highway 38. The rest of the old ranch now is developed with expensive homes in the Palomino Hills and Heritage Hills neighborhoods. Apple Valley also is known as the town that Orrin Thompson built. Old Lebanon Township was the site of several gravel pits, the old dude ranch and numerous farms when Thompson moved in with his plans for moderately priced houses in the early 1960s. It was Thompson who pushed for the name change from Lebanon to Apple Valley, the name of a similar development in Califor- nia. Burnsville Had it not been for strong community cohesiveness in the early 1960s, the northern part of Burnsville township probably would have become South Bloomington. Not that Bloomington really wanted the land area south of the Minnesota River — it wanted the tax base that would follow con- struction of Northern State's Power Co.'s Black Dog power plant. But the struggle to keep the power plant site probably gave Burnsville township the push it needed to incorporate as a city. A few years later, development exploded with the completion of the I-35E bridge over the river. Now, Burnsville is the retail heart of the county, with hundreds of franchise opera- tions focused around Burnsville Center near the intersection of Interstates 35E and 35W and County Highway 42. Burnsville, with dozens of ponds, rolling hills and picturesque neighborhoods, is con- sidered the most "Minneapolitan" suburb in Dakota County. Most of its residents work on the western end of the metropolitan area. County enjoys boom in housing By Jeann Linsley Staff Writer A robust metropolitan -wide real estate market has added fuel to the already hot housing market in the Dakota County suburbs that flank St. Paul and Minneapolis. The housing boom that began in the mid-1970s in Dakota County has been building con- stantly since about 1982, ac- cording to real estate agents who work the county. Population growth rates in the county for the past five years have been double the av- erage for the seven -county met- ropolitan area. This year, falling interest rates and a healthy economy have meant an even healthier housing market for Dakota County. Real estate agents say sales have zoomed this year, and that new construction is booming in Eagan, Apple Valley, and Burnsville. "What we're seeing is sales running ahead of last year in all areas of the county," said Ron Covert, of the Dakota County Board of Realtors. Housing sales countywide to- taled 657 through August in the Apple Valley, Lakeville, Rosemount area, with the ma- jority of sales in Apple Valley, Covert said. That compares with annual sales of 745 in 1983 and 859 in 1984 in that same Please see Housing/9 ex of Advertisers 1. Apple Valley Commons 7373 W. 147th St., Apple Valley 2. Apple Palley Office Center 7373 W. 147th St., Apple Valley 3. Apple Valley Sewing Center 19. Mendakota Country Club • 2075 Dodd Rd., Mendota Heights 20. Minnesota Bank 3900 Sibley Memorial Hwy. and Yankee Doodle Rd., Eagan Carrier, Thomas Colwell, Bryan Czerniecki, Frank Duquette, Jan Ellis, John Haywa, E. William Larson, Stephen Lees, David MacCaffert Flora Meeker, Henry Olsen, Jay Olson. David No' soh, Ronald Randall,SoderberPhilip. Do Doug U gnen Robcrt Wright, Elisa 1Vynne, Ernest Yankelevich, Yakov LEVEL II SPECIAL CARE PEDIATRICS Allen, Richard Baker Theresa Bugerutein, Robert Clark, James Farber, Abigail Green, C. Robin Griffin, David Hildebrand, David Hoyt, C. Sherman Dustman, Richard Kane, William Karp, Steven Larson, Arthur LeFetere, Thomas Moore, James Rommel, Duane Kumud St<�aley. Thomas Tate, Douglas Thomson, Vicki Wicklund, Richard 1Vright, William QUESTIONS? Iti nati n about having? rv1ew Ridges, or to arrange -, WOO and ask for our Level \M'll explain why LL_ bey is dose to PLANS AFFILIATED, Vernon Colon $100 million plans Tom Davis 'Time for good planning' Thomas Hedges Sees growth in jobs Highway opening heralds new era for area business By Jim Nagel Eft (2U f? S Staff Writer Business and municipal leaders agree: The opening of Interstate 35E through Dakota County will have more impact on business growth in the county's northern section than any other develop- ment, ever. With quick and convenient ac- cess to the Twin Cities and the Minneapolis -St. Paul International Airport via the freeway system, Rosemount, Apple Valley, Eagan, Burnsville and Mendota Heights will become even more attractive tolieve. businesses, local officials be - Land developers are poised to attract businesses looking for new locations, offering new buildings for everything from small, fledg- ling venture-capital enterprises to large corporations. As the number of businesses in- creases, the number of new resi- dents will increase, too. And with a larger Population, even more retail and service businesses will be needed. More businesses ... more People. For the Dakota County business pros - us unity,cth is expectpwillo- ue through the turn of the centu- As one developer put it, Satur- Y's ribbon -cutting ceremony will d a new era for home-grown ers who will be able to at - local residents who used to e outside the area. ernon»redictM a Colon of Federal Land r g g A lot of these plans have started moving because of the freeway. J 5 Tom Davis sweeping view from his Yankee Square office window overlooking the freeway interchanges. Colon and his brother, Martin, are partners in Federal Land, which developed the Yankee Square shopping, motel and office area just west of I-35E. The com- pany now is starting development of 170 commercial acres southeast of the freeway and Pilot Knob Road. "It's a unique area, centrally lo- cated between shopping areas in West St. Paul, Burnsville and Ap- ple Valley," he said. Federal Land is planning $100 million in business development in its Town Centre -Eagan, everything from two 10-story office buildings to 400,000 square feet of retail space in a new shopping center, Colon said. The first high-rise office build- ing, on Yankee Doodle Road east of the freeway, is completed, and work has begun on the first phase of the Town Centre -Eagan Shop- ping Center. Northern Dakota County's growth as a business center began with freeway planning in the 1960s. the quality cause we hay t to do some good plannin t' Davis pr . Planners for fore- sight laying f' t industrial areas, creating transitions between com- mercial ,ond 'idential areas, and reducing ,t'effect of airplane noise by p� : g industrial areas under flightterns. The • ' to fact, is among the prune �' more businesses are moving toern Dakota County. "We _. close to the airport as man` l.� • ^ cn the Bloomington strip,"..; --;'''re.' , ' �i8 P'seher, execu- tive =�" of the Northern Dako- ta Coui ; a : "ber of Commerce. '�' that demand good tray '' n access including air, P 'rt-1. t' a skilled popula- tion ; �. « eu'planned business ar . '' "verities for employ- ees as well, are looking to no v' iota County, Escher said. ,Ili , ad for + tion of the interstate systemlbene- fited the area, one businessman said. "We acquired property (for Eagandale Centte�'', near I-494 and Pilot Knob Road) in 1968," said Tom Davis of Nirthwestern Mutu- al Life Insurance Co. of Edina, the landholder wt ing with OPUS Corp., of Edina, the developer. Had the freew�!a,y been built when predicted, the ,lea would have de- veloped much "earlier, but with more haste and less planning, Dav- is said. h "It probably wouldn't have had ; we have today be - dime said. Index o 1. Apple Valley Commons 7373 W. 147th St., Apple Valley 2. Apple Palley Office Center 7373 W. 147th St., Apple Valley 3. Apple Valley Sewing Center 14869 Granada Dr., Apple Valley 4. Al Bakers Restaurant 3434 Washington Dr., Eagan 5. Burnside Plaza 14300 Burnhaven Drive, Burnsville 6. Burnsville Volkswagen 12020 Interstate 35, Burnsville 7. Cedarvale Mall Hwy. 13 & Cedar Ave., Eagan 8. Dakota County State Bank 759 S. Plaza Dr., Mendota Heights 2109 Cliff Rd., Eagan 70th & Cahill, Inver Grove Heights 9. Dakota County Vo-Tech 1300 E. 145th, Rosemount 10. Dick Smith Motors 7500 W. 145th St., Apple Valley 11. Dodge of Burnsville 12101 Hwy. 35W, Burnsville 12. Fairview Ridges Hospital 201 E. Nicollet Blvd., Burnsville 13. First Communications 4590 Scott Trail, Eagan 14. First State Bank of Apple Valley 147th & Cedar, Apple Valley 15. Gepharts Nome Center 135 and Hwy. 50, Lakeville 16. Knob Hill Townhomes 4197 Knob Lane 17. MGM Liquor Pilot Knob and Co. Rd. 30, Eagan 18. Mabes Pizza 135 and Hwy. 50, Lakeville O 0 L Advertisers 19. Mendakota Country Club 2075 Dodd Rd., Mendota Heights 20. Minnesota Bank 3900 Sibley Memorial Hwy. and Yankee Doodle Rd., Eagan 21. Park Nicollet Medical Center 4555 Erin Drive, Burnsville 22. Brad Ragan Tire 4815 Nichols Rd., Eagan 23. Silver Bell Auto 1975 Seneca Rd., Eagan 24. Southfork Center 135 and Hwy. 50, Lakeville 25. Sperry Corporation Pilot Knob Road, Eagan 26. Sunnyside Chrysler 7705 W. 150th St., Apple Valley 27. Town Center Development Denmark and Pilot Knob, Eagan 28. Hong Wong Restaurant 2139 Cliff Rd., Eagan Vernon Colon $100 million plans Tom Davis 'Time for good planning' Thomas Hedges Sees growth in jobs Highway opening heralds new era for area business By Jim Nagel E-A (- 'i 5 Staff Writer Business and municipal leaders agree: The opening of Interstate 35E through Dakota County will have more impact on business growth in the county's northern section than any other develop- ment, ever. With quick and convenient ac- cess to the Twin Cities and the Minneapolis -St. Paul International Airport via the freeway system, Rosemount, Apple Valley, Eagan, Burnsville and Mendota Heights will become even more attractive to businesses, local officials be- lieve. Land developers are poised to attract businesses looking for new locations, offering new buildings for everything from small, fledg- ling venture-capital enterprises to large corporations. As the number of businesses in- creases, the number of new resi- dents will increase, too. And with a larger population, even more retail and service businesses will be needed. More businesses ... more people. For the Dakota County business community, it is a happy, pros- perous cycle they expect will con- tinue through the turn of the centu- ry As one developer put it, Satur- day's ribbon -cutting ceremony will herald a new era for home-grown retailers who will be able to at- tract local residents who used to drive outside the area. Vernon Colon of Federal Land Co. predicted a new "downtown" area will develop around the inter- changes of I-35E with Pilot Knob ,and Yankee Doodle roads in } Eagan. "The road system has opened all j this up," said Colon, surveying a N 66 A lot of these plans have started moving because of the freeway. 9 9 Tom Davis sweeping view from his Yankee Square office window overlooking the freeway interchanges. Colon and his brother, Martin, are partners in Federal Land, which developed the Yankee Square shopping, motel and office area just west of I-35E. The com- pany now is starting development of 170 commercial acres southeast of the freeway and Pilot Knob Road. "It's a unique area, centrally lo- cated between shopping areas in West St. Paul, Burnsville and Ap- ple Valley," he said. Federal Land is planning $100 million in business development in its Town Centre -Eagan, everything from two 10-story office buildings to 400,000 square feet of retail space in a new shopping center, Colon said. The first high-rise office build- ing, on Yankee Doodle Road east of the freeway, is completed, and work has begun on the first phase of the Town Centre -Eagan Shop- ping Center. Northern Dakota County's growth as a business center began with freeway planning in the 1960s. Although companies such as Coca- Cola, American Fruit and Produce, and Sperry located in the area in anticipation of freeway construc- tion, in?iany developments just had to wait. However, the delay in comple- tion of the interstate systemlbene- fited the area, one businessman said. "We acquired the property (for Eagandale Center, near I-494 and Pilot Knob Road) in 1968," said Tom Davis of Northwestern Mutu- al Life Insurance Co. of Edina, the landholder working with OPUS Corp., of Edina, the developer. Had the freeway been built when predicted, the area would have de- veloped much earlier, but with more haste and less planning, Dav- is said. "It probably wouldn't have had the quality that we have today be- cause we have had time to do some good planning," Davis said. He praised planners for fore- sight laying out industrial areas, creating transitions between com- mercial and residential areas, and reducing the effect of airplane noise by putting industrial areas under flight patterns. The airport, in fact, is among the prime reasons more businesses are moving to northern Dakota County. "We are as close to the airport as many places on the Bloomington strip," said William Escher, execu- tive director of the Northern Dako- ta County Chamber of Commerce. Businesses that demand good transportation access, including air, proximity to a skilled popula- tion base; well -planned business areas; and amenities for employ- ees and clients as well, are looking to northern Dakota County, Escher said. In fact, an ad for the Eagandale Center office and industrial park touts it as "close to all that mat- -ters." OP1jjS is planning its 160-acre research and technology park near Please see Business/ 11 l-- 1 .,3 W. 147tn St., Apple Valley ;swi5_ 3. Apple Valley Sewing Center 14869 Granada Dr., Apple Valley 4. Al Bakers Restaurant 3434 Washington Dr., Eagan 5. Burnside Plaza 14300 Burnhaven Drive, Burnsville 6. Burnsville Volkswagen 12020 Interstate 35, Burnsville 7. Cedarvale Mall Hwy. 13 & Cedar Ave., Eagan 8. Dakota County State Bank 759 S. Plaza Dr., Mendota Heights 2109 Cliff Rd., Eagan 70th & Cahill, Inver Grove Heights 9. Dakota County Yo-Tech 1300 E. 145th, Rosemount 10. Dick Smith Motors 7500 W. 145th St., Apple Valley 11. Dodge of Burnsville 12101 Hwy. 35W, Burnsville 12. Fairview Ridges Hospital 201 E. Nicollet Blvd., Burnsville 13. First Communications 4590 Scott Trail, Eagan 14. First State Bank of Apple Valley 147th & Cedar, Apple Valley 15. Gepharts Home Center 135 and Hwy. 50, Lakeville 16. Knob Hill Townhomes 4197 Knob Lane 17. MGM Liquor Pilot Knob and Co. Rd. 30, Eagan 18. Mabes Pizza 135 and Hwy. 50, Lakeville Lakeville 8 28 13 21. Park Nicollet Medical 4555 Erin Drive, Burnsville 22. Brad Ragan Tire 4815 Nichols Rd., Eagan 23. Silver Bell Auto 1975 Seneca Rd., Eagan 24. Sentllferk Center 135 and Hwy. 50, Lakevilla 25. S +perry Corp ration Pilot Knob Road, Eagan °: 26. Sunnyside Chrysler 7705 W. 150th St., Apple Valley 27. Town Center Development Denmark and Pilot Knob, Eagan 28. Hong Wong Restaurant 2139 Cliff Rd., Eagan Q Eaga n (Di Y 0 a Cliff Rd. Fatmingtgn i L.-- West St. Paul South St. Pa r Inver Grove Heights Rosemount EMPIRE M STALLAND *YR 20 RAND TOWER • MILS 505i02 They're Dandies ... What's in a Name? Eagan Has Answer What's in a name? A va- riety of things, if you're talk- ing about Eagan township. Here, amidst the growth of expansive business and indus- trial areas, there thrives such unlikely names as Yankee Doo- dle and BIue Gentian Roads. That is the way the citizens of the township like it. The names are off beat, to say the least, and they offer a bit of historical background as aba- sis for their existence. * * * Yankee Doodle Rd., for ex- ample, came into being way back around the time of World War L According to Herbert Polzin, long time resident and treasurer of the township, it began as a joke. It seems one of the township residents had come from the old country; the war was on Thurs., Feb. 22, 1968 -VALLEY REVIEW- • and tensions were running high. * * * Naturally, this poor old fel- low was accused of being pro - German. He was teased and taunted and ultimately asked, "Where do you live,?" His persecuters apparently expected some foolish answer, delivered in broken English but if so, they were disappoint- ed. "He k n e w what the joke was," Polzin explains, "and he had an answer for them." The answer, of course, was Yankee Doodle Road. And so the name remains. Suggestions for renaming the street have fallen flat, deflated by the en- thusiasm of residents who like the name and the story behind it. Blue Gentian was another name provided by early set- tlers and as might be expected, came about because in early lays, the Blue Gentian flower bloomed in profusion in the area. Pilot Knobb has a history quite well known throughout all local communities. It was the high spot, and thus, a land- mark for pilots of early river boats. Wescot, Rahn Road and Cliff Road took their names from aarly settlers as did McCarthy Road and McCarthy Ridge. * * * Johnny -Cake Ridge? Well, you can't blame that one on Eagan, according to Polsin. This street and name originate in Lebanon, he claims and al- though it travels into Eagan, the township did not provide the ingredients for cooking up the name. Lone Oak is something else again. That belongs to the township and it is, in fact, a lone oak. * * * Back when Eagan became a township, about 1857, this stately oak provided, and still does, a spot for official post- ings of the village. A landmark for 111 years, the lone oak now stands, a soli- tary figure, right in the middle of Highway 55. It is far from being the only mighty oak in Eagan, but its historical value got through even to the highway department and hopefully, it shall continue to serve in its present capacity for at least another century. THE LONE OAK really stands and as in by -gone years, is an official bulletin board for Eagan township. Out posting a notice to residents is John Klein, town board chairman. L Headaches inevitable as construction begins (U.& F- E 1-) A favorite joke of our neighbors to the south of us goes something like this: Minnesota has two sea- sons — winter and road construc- tion. Unfortunately, there's a glim- mer of truth to it. As dirty piles of snow give way to fresh air and new life, potholes in the streets seem to emerge from nowhere and cracked concrete shows the need for road repair. And so, once again, the public works departments of cities all over the county map work over- time taking bids for road projects and completing project plans. And, once again, residents of those cities will listen to the sounds of jackhammers, com- plain of noise and dust, impa- tiently follow detour signs and wonder how long it all will last. EAGAN Widening roads to accom- modate traffic is the reason for the major projects in Eagan. Af- fected are County Roads 31 (Pilot Knob Road) ; County Road 30 (Diffley Road) ; and County Road 32 (Cliff Road); Persons using these roads can expect delays and detours, but when and where have yet to be determined. The projects are joint concerns between Eagan and Dakota County. Bids will open Thursday, April 21, according to Peter Sorenson, county traffic engineer. Work could then begin in early May. Other Eagan projects will be to complete Johnny Cake Ridge Road to Diffley Road, finish Nor- thview Park Road and perhaps carve out Cliff Lake Drive by the Cliff Lake Centre site. The public hearing for the last project will be Tuesday, April 19. Pilot Knob will be expanded to a five -lane urban street from In- terstate 35E to Rebecca Lane. The road currently carries bet- ween 9,000 and 13,000 vehicles a day, but that is expected to in- crease by the year 2005 to a total of 13,000 to 25,000 vehicles a day. During construction, it is ex- pected that southerly traffic will be routed from Yankee Doodle Road onto I-35E to Cliff Road and then on Johnny Cake Ridge Road to 14oth Street in Apple Valley. Cliff and Diffley roads will take turns absorbing traffic when the other is under construction. Ac- cess to businesses and traffic will be provided to all residences and businesses at all times, according to county and city information. Diffley Road will be expanded to a four -lane street from Heine Strasse Lane to Blueberry Lane. Cliff Road will also be a four -lane divided urban street. The work will be done from Johnny Cake Ridge Road to Ches Mar Drive. Residents and businesses that will be assessed were given notice in 1986 and the public hear- ing was held in December of that year, according to Mike Foertsch, Eagan's assistant city engineer. Acquiring easements and rights -of -way has taken a long time, Sorenson said. Condemna- tion proceedings were also car- ried out for some properties along the roads. Getting the legal process cleared and completing state reviews for funding make it possible to finally bid the project, according to Sorenson. Work on completing the other roads should not affect traffic patterns. Bidding has to be com- pleted on those projects also, Foertsch said. It is hoped that all these pro- jects can be completed before this Winter. 4,:.agan's $6 million road contract awarded to Enebak tias By LEA GUENTHER The contract for a nearly $6 million county road improvement project in Eagan was awarded Tuesday, April 26 to Enebak Con- struction Co. of Northfield. The project, one of the largest ever undertaken in Dakota Coun- ty, will include widening, grading and utility ►work, along with resurfacing. Dave Everds, coun- ty engineer, said it will involve an approximately 21-mile stretch of Pilot Knob Road, 11/4 miles of Cliff Road and about three- quarters of a mile of Diffley Road. The bid came in well under the county's estimate of $7.3 million, said Gary Erickson, physical development director. Enebak's bid totaled $5,875,874. Everds said construction is ex- pected to begin about May 9 and continue for 140 working days, which would set completion into 1989. However, the county is of- fering a bonus of $20,000 to the contractor if work can be com- pleted by the end of October. The incentive was offered, Everds said, to bring the project to completion as quickly as possi-- ble in order to minimize inconve- nience and traffic safety hazards. The bonus deadline will not be ex- tended to allow for inclement weather, labor problems or supp- ly delays. When the board of commis- sioners awarded the contract April 26, an Eagan resident ex- pressed displeasure with the pro- ject. Doris Wilkins said the plan will devaluate her property at 4225 Pilot Knob Rd. because no median break has been provided for left turns. She said original plans reveal- ed to residents in December in- cluded a single turn lane at the corner of Pilot Knob and Diffley that would have permitted a me- dian break. A design change in February "revamped" the whole corner, she said. Everds told the board that the city of Eagan had asked the coun- ty to consider a median break for Wilkins' property, although coun- ty staff opposed the break with either single or double lanes. Wilkins said a real estate agent had appraised her property last month and placed its present value at $106,000. However, if Pilot Knob Rd. is reconstructed without a median cut, the agent said the property value would go down to between $85,000 and $89,000. She asked commissioners to consider a change order for the contract or compensating her for the devaluation of her property. She has lived there for 23 years, she said. Commissioner John Voss said Wilkins had asked him to review the project, but he thought the proposed design is the safest. He added that he did not want Wilkins' situation to "over- shadow the good news." He praised the engineering and physical development staffs for working long hours, including weekends, to prepare a plan to complete the project in less than a year. In addition, the county will save money because the win- ning bid was lower than ex- pected. He suggested that the other four commissioners study Wilkins' request at the next physical development committee meeting May 17. They agreed to do so. � us i4) J-J 4 S Wfr- Wescott-Lexington intersection won't have traffic signal ... for now j o >k-p s/ s T rtc -- By B ENDA HAUGEN Concerns raised by neighbors have put off the signalization of the Wescott Road -Lexington Avenue intersection, but ac- cording to members of the Ea- gan City Council, they're only putting off the inevitable. A proposal to signalize the intersection, which included widening Wescott Road to ac- commodate left -turn lanes, as well as overlaying Wescott Road from Denmark to 850 feet east of Lexington was be- fore the council Aug. 6. While the project was denied unani- mously by the council, it did approve resurfacing Wescott from Denmark to Westbury Drive. According to the staff report, the signalization of Wescott Road at Lexington Avenue was (See Signal, p.3A) 'aPt ids C2k 3 fr Signal (Continued from front page) first identified in Eagan capital improvement program (CIP) in 1991 for installation in 1992. The project was rescheduled several times in updates in the city and Dakota County's CIP to most recently being pro= grammed for 1996, according to the report. In December 1995, the Wescott -Lexington intersection was identified as having the fourth highest priority needs for signalization in Dakota County based on traffic volumes and preventable accidents. In 1995, the intersection saw 7 acci- dents, three of which were sus- ceptible to_ correction with sig- nalization, according to the signal justification report. But those living in the area said they are fearful accidents will be more frequent and more tragic if signals replaced the present four-way stop at the intersection. According to Mike O'Brien, "Drivers will take certain liber- ties" with a traffic signal they won't take with a- stop sign. Living about 100 feet from the intersection, O'Brien said safety is a big concern. Kirk Emmen agreed, saying that with a green light, people will be traveling through the intersection at 45 to 50 miles per hour. Instead of mainly property -damage accidents at the intersection, the city will be dealifig with personal -injury, accidents at those speeds, he said. Also of concern was the safety of drivers tuming into and out of driveways and resi- dential streets near the inter- section. With the stop signs, drivers can be more assured of the speed of oncoming traffic, neighbors added. "The big item I think is the speed," said Irven Dahl. Accidents were a bigger problem, according to resident Margaret Tilley, when Wescott Road had stop signs and Lex- ington Avenue didn't. Tilley said she'd like to see how the placement of stop signs at Lex- ington Avenue factored into the traffic accident counts. "That made a. big differ- ence," she said. As for traffic counts, the only congestion at the intersection is during the peak traffic hours in the morning and afternoon, O'Brien said. He added that congestion only is found on. one leg of the intersection at a time — on Lexington going north in the morning, and on Lexington going south in the late afternoon. Council Member Ted Wachter said he's driven the intersection at various times during the day, including around 5 p.m. He said it took him 30 seconds to get through the intersection. "What's bad about that?" he asked. Signalization of this intersec- dO .abovf op :a !bier yrars premature right now, Wachter said. "It's coming," he said. "It's not here yet." Mayor Tom Egan agreed. He added that he also has con- cerns with signalized intersec- tions, because hr sees people_ running red and yellow lights "all the time." M E� W big arou Tra. mess Bri chai watc is n• 4nnouncin. Cosmetologis Nail Technki Scholarship During the month of Au Cole's Salon For You wi ^rpntng applications )0 & $10 holarshi Traffic signal OK'd at Highway 149, Lone Oak In response to a petition submitted by the United States Postal Service (USPS), the Eagan City Council approved the in- stallation of a traffic signal at the inter- section of Highway 149 and Lone Oak Road. The area is a major roadway that pro- vides a connection to Highway 55 and In- terstate 494. Access also is provided to an office park that includes Northwest Air- lines, Cray Research, several office build- ings and the proposed new Post Office In- formation and Accounting Service Cen- ter. The $225,580 project is being paid for by the USPSAtprii,23 /99490 C EE IONS Sports Section to Section d Section ages Eagan THISWEEK Your Community Newspaper Volume 9, No. 25 LitAk August 22,1988 County pile on garbage fees A bang-up t was had by all County fair sports resin listed Road spotlighted during week concerns neighbors Retail study insures more develpmen osed Rahncliff will come to Cliff Road-I-35E sites DERIAN er in the tugging een developers was added to y Aug. 16. ent proposal is f Road site. The ad near its inter- erstate 35E was cterized as a spot for the city. proposal follows liff Plaza de- entation of two long battle over e Centre de- h is bringing a oods to Eagan. Austin Com- would be located Road and I-35E ;ide of Cliff Road. plan to bring in a Imports store, d Bakers Square an office build- :oned limited and ness. The de - requesting a )pment zoning, luire an amend- 7,omprehensive ie Vienna Woods •ried the de - bring additional neighborhoods, as drivers try to find alternate routes around what is expected to be a congested Cliff Road. Council member Ted Wachter joined the residents in urging a slow down of development around the area until the effects of. the Cliff Lake development are known. Cub Foods plans a November opening and Target hopes to open in February. Cliff Road is part of this summer's road construction in Eagan and the Cliff Lake Development will also be configuring Rahn and Cliff roads to help facilitate traf- fic. Work began on the intersec- tion Aug. 17. But traffic concerns remain. "Our main concern is safety,' council member Tom Egan said. "I don't feel our staff has the comfort level with that intersec- tion that I'd like them to have." But council members also dis- cussed the rights of the de- veloper, whose proposal is con- sistent with zoning. Council member Dave Gustafson joined others who said the development was probably not a large traffic generator compared to Cliff Lake. "I don't think we can pena- lize these people because we put Cliff Lake in against our traffic engineers concerns," he said. Rahncliff continued on p.3A By BRENDA GUDERIAN Areas with the most potential for retail growth in Eagan are on Cliff Road and by the Yankee Doodle Road-I-35E intersection, according to results of a retail study done for the city. City council members have been waiting for the study re- sults, hoping some of its findings would guide them in zoning and development decisions. Rep- resentatives of Laventhol and Horwath, a real estate advisory firm, presented the results to the council Aug. 15. The findings are just a beginning, though, accord- ing to Pam McCrea, Eagan City Council member. She also wants to be cautious about "rushing in" before quality control standards are fully implemented by the city, she said. But the study af- firmed most of the Comprehen- sive Guide Plan, she added. Developers of the Cliff and Yankee Doodle areas were also happy with the results and felt it confirmed comprehensive guide designations for land. The Laventhol & Horwath re- sults echo findings of a Federal Land study, which said the area could be a very successful retail area, according to Martin Colon, of Federal Land. The de- velopment company owns 170 acres by the Yankee Doo- dle/I-35E intersection called Town Centre. The Laventhol study also con- curred with research done by de- velopers of Cliff Lake Centre, ac- cording to Mike Hoffman of the Ryan -Hoffman Development Group. Ryan -Hoffman is building a Target and Cub Foods on a 35E- Cliff Road site. The study shows that Cliff Lake is needed for commercial uses, Hoffman ad- ded. "When Cliff Lake Centre is complete, Eagan will have excel- lent shopping where the people need it," he said. Robert Chelseth and Carol Nielsen of Laventhol & Horwath explained ,that the methods they used for analyzing the city's re- tail environment were based on those used for business potential. They looked at the population, households and employment and also the locations and types of re- tail the city offered. They took into consideration factors such as how much shopping would be done in surrounding cities. Their objectives were to see how much retail would be supportable in the city now and in the next 20 years, Nielsen said. In addition to the Cliff Lake and Town Centre areas, the Cedar - vale and Diffley Road -Lexington Avenue areas were also analy- zed. Currently, fast rants make up the 1 of retail in the city followed by food (14.6 percent) . The study said and Cliff Lake area day support addi space, while Cedar need as much as it h Eagan is in near e far as supply and d tail space, Chelseth When the numbe land is considered t zoned commercial t table, but that may future, Nielsen sai go so far as to say all that land zoned she continued. ``T certain excesses yo Having that ad makes for a compe Chelseth added. The city also inc contract with Lav with provisions for report if signific occur in the city. The study results to some political fi including a city Bieter developmen cent rezoning of la Retail study continu TDERIAN ied by the Envir- ction Agency for Hater standards, n Waste Control working to put :pansion and up - Seneca Water t in Eagan. .om the Seneca lue River treat- akopee is not up ards, according ich in July im- 5,000 a day on the uncil, the waste ion, and the state xpansion will up- t processes to ter federal and that were effec- t The Minnesota testing the fines not know what to make to the 11 of 1987, after a on sources was rding to Diane mission's com- er. The plants nce during 1987, e improvements eneca plant into 1988 standards. nt, located in the f Eagan by the , serves almost in the cities of gton and Burns - parts of Inver Lakeville and n expansion is n this fall, with o to three years. eludes the addi- t units for aera- NING '1 ■1 1 1 Rain a shine Cool and comfortable WM System® moving ahead on County to a plant expansion 'get tough' with sign restrictions tion and clarification; replace- ment of worn equipment; adding a chlorination/dechlorination building; and building a new aer- ation blower building which will be separate from the current plant. The aeration blower is more efficient because it uses compressed air, rather than a mechanical process. Mainten- ance and employee facilities will also be expanded. Wastewater treatment goes through two processes at the plant. In the primary treatment, screens and settling tanks separ- ate sand, grit and larger solids from the wastewater, removing 50 percent of the pollutants. In the secondary treatment, waste- water is aerated to stimulate na- tural bacteria, which consume up to 90 percent of the remaining or- ganic pollutants. Disinfection kills remaining bacteria before the water is released again. De - watering and incineration are used to dispose of sludge, a by- product of treatment. Seventeen additional acres of land adjacent to the current site are expected to be used for the expansion. When the plant was built in 1972, the state expected an eventual need to double it, Wan- ner said. Residents near the plant are dismayed at the thought of the expansion. The residents will get another look at the plans at the next Eagan Advisory Planning Com- mission meeting set for Aug. 23. In the meantime, the waste control commission last week au- thorized the advertisement of bids for the project and approved an agreement for engineering services for the site preparation. The expansion will increase the capacity of the plant by one-third. Currently 18-20 million gallons of waste water are treated in the plant each day. r Aur _* Cacia MASSAGE & BATH OIL Reg. $5.49 8 oz. SALE 439 By LEA GUENTHER Campaigning for political of- fice this fall? Planning a garage sale? Advertising an open house? If so, be careful where you place your signs. You could be breaking a state law. That law says that it is unlawful to place or maintain any adver- tisement or object within the li- mits of any highway. It also indi- cates that road authorities may take down, remove or destroy anything placed on highways in violation of the law. It's signs that are a real prob- lem in Dakota County. Steve Loeding, county board chairman, said, "It's getting so bad — they're putting them in medians on four-way divided highways. They're hanging them from stop signs and crowding corners." Tired of campaign, real estate and advertising signs that crop up in the right-of-way, the Dakota County Board of Commissioners has adopted a "get tough" policy. Although the county has neither the time nor the money to remove all signs, workers have been in- structed to remove those that constitute a safety hazard or a nuisance. Don't expect to get a phone call asking you to please move your signs, or telling you they've been confiscated. They'll just be gone. Period. Actually, the signs will be held at the highway garage in Rose- mount for a reasonable length of time. You can pick them up there — if you're not too embarrassed. Sexual assaults in Eaga have police urging cauti Three sexual assaults and two attempts have been repor- ted in Eagan recently and Police Captain Pat Geagan is encouraging anyone who sees anything suspicious to report it to police immediately. The attacks have happened between the hours of midnight and 4:30 a.m. in apartments on Silver Bell, Rahn and Coachman roads. The most recent assault was Wednesday morning, Aug. 17. The perpe- trator has entered the apart- ments, usually dwellings, by slashi screens. In all cas sault has happened who were alone or children. Police have no s and are not rulin possibility it may than one man. Geagan is cauti apartment and hou that screens are no and to keep wind and locked. Seattle man pleads guilty in connection with girl's kidnappin A Seattle man faces up to five years in prison in connection with the kidnapping of his 6-year-old Burnsville niece. Michael Reed Lindsay, 26, pleaded guilty Aug. 8 in Dakota County District Court to one count of terroristic threats. He is being held in the Dakota County Jail in Hastings, pending a Sept. 12 sentencing by District Judge William Thuet. Lindsay kidnapped the girl July 27 from her home at 14750 W. Burnsville Parkway. He left a note stating that he had the girl, and would kill her if he was pur- sued. The girl's parents called Burnsville police around noon to report she was missing. Police discovered food and camping gear missing from the house. Lindsay was found late that afternoon after a search of the 3,600-acre Murphy gional Park, whi several law-enforc cies. The girl was u Lindsay was cha with one count each threats and false i Under a plea-bargai the latter charge — a maximum sente years imprisonme dropped at the tim ing, according to D Assistant Attorney powicz. Lindsay, who had ny convictions, alai moved temporarily ville area two mont kidnapping, accord powicz. The court ordere gical evaluation a: pre -sentencing inve Retail study continued from front Centre; and dealing with resi- dents around Cliff Road, who are usually unhappy about more de- velopment. Town Centre's Colon said the Laventhol study shows there is enough or even an excess of retail zoning in the city and it is in the areas needed. Colon said the study also con- firms Federal Land's position that the city did not need to re- zone the O'Neill property. The O'Neill parcel, located near Town Centre, was recently rezoned from agricultural to commercial after a two-year legal battle. Rezoning the land before seeing the commercial study did not show good judgment from the city council, he added. Hoffman and Colon concurred on what they felt the study said about the Bieter property, at the corner of Diffley Road and I-35E. The Bieters are suing the city to get a commercial zoning on the property currently designated agricultural. "The study should put to rest any thoughts about rezoning the Bieter site," Hoffman said. "If it comes up again, the study should provide neighbors with plenty of ammunition." Colon said the study showed that commercial zoning on the Bieter land would be negative for Town Centre. McCrea and Hoffman also dis- cussed relations with the resi- dents near Cliff Road. Cliff Lake was bitterly opposed by most area residents. Two other de- velopments proposed for Cliff Road properties in the last month also were criticized by their neighbors. McCrea and Hoffman both spoke of compromise as im- portant during development. "Every single development isn't going to please every citizen in the city," Hoffman said. "It's go- ing to be a balance between the citizens' rights and interests and the land owners' rights and inter- ests. What citizens should look at is what kind of development it will be." McCrea also said the council will encourage input from citi- zens. If nothing else, the con- troversial developments are get- ting citizens to start to care, to get out and learn, she said. Rah n cliff continued from fro The council, on the advice of city attorney Jim Sheldon, direc- ted the developer and city staff to work out the details of the planned development with the conditions outlined by council and staff. If all is in order, the council at its next meeting will approve the development. City Adminis- trator Tom Hedges said the ap- proval will be a technical matter at that point, and further public input would not be involved. Trying to keep traffic away from residential neighborhoods will be the major issue in the con- ditions. "We already have a tremen- dous amount of traffic," Steve Brown said of his street, Pin Oak Drive. "I can't imagine what it will be like with Target. I'm con- cerned the city of Eagan is get- ting more interested in develop- ing strip malls than developing the thing that got people to move into Eagan in the first place." One of the developers, Ray Wil- liams, reminded residents the land has been zoned roadside business for 20 years and dismis- sed rumors that it had once been residential zoning. "I guarantee it will be developed (as planned) and not downgraded, unless someone wants to buy 16 acres," he said. Mayor Vic Ellison and council member Pam McCrea defended the plans and the developers. "One of the things I appreciate about this developer is that he is asking for a. ( planned de- velopment). That gives us more control over the quality, at least as far as aesthetics," McCrea said. Ellison reiterated that the land was always zoned roadside busi- ness. "The question is what kind of roadside business and what controls does the city have over the developer." He said the velopment has the potential have some of the best light system and landscaping in city. The developers' traffic er neer addressed some of the tr fic issues. Dick Wolsfeld said I development would increase tr fic around the area about 8 p' cent, but it would not result it lower rating of traffic efficient` One of the conditions suggest was that a traffic signal at Ral and Cliff roads be in place befo any businesses could open the doors. PAGE 15A AT CITY COUNCIL MEETING - Eagan Residents Discuss Trapping, Highview Ave. By JUDY STRACHAN Staff Writer EAGAN -- With several con- troversial issues on the April 15 city council agenda, area residents packed the council chambers to discuss street and sanitary sewer improvements on Highview Ave. and a proposed trapping ordinance for the city. The city council had received a letter from Kate Laveen, 4024 Blackhawk Rd., asking that the city support an ordinance that would ban the trapping of animals within the city. Former mayor Leo Murphy ad- dressed the council stating that he has been a farmer in the area for 35 years and that he has severe problems with predators causing crop loss. He said that "trapping is the only satisfactory method of control of raccoons, woodchucks, and fox." He asked the council, "If you do pass an or- dinance, I ask that it not be too restrictive. I have a right to pro- tect myself and my property. Don't infringe on my personal rights." Kate Laveen, who described herself as a farmer and science educator, said she is asking only to ban leghold traps in the city of Eagan. "We're becoming an ur- ban area and leghold traps are a danger to children and pets because the trap is non -selective. We no longer have any true rural areas. The city should not be completely open to trapping. I have here, 300 signatures on a petition to ban leghold traps. We believe an ordinance is necessary." George Griwold described his experiences as his dog was caught in a leghold trap as he was walking it near Jensen Park; and another instance when he found a cat caught in a trap that had crawled up under his car frame, causing difficulty in steering. When he checked the problem, he found the cat, still alive. Alice Berry related how her golden retriever was caught in a trap that was set on her property on Blackhawk Lake. She said that when she moved into the area it was primarily rural and "the farm kids knew about trapping. Now we have city kids who don't know the dangers of traps." Wayne Eller, a DNR con- servationist and Eagan resident, said he was also concerned about pets and children but listed the problems the area would face if trapping were not allowed. He noted that the "calibre of trap- pers in the area was generally good. I have less violations among trappers than any other group of outdoor sportsmen." He suggested that if the present laws were obeyed, there would be no problems. "Most of the trapping that is done in Eagan is water trapping and children are not go- ing to be under the ice in the winter time." Kathleen Gilbertson, the city animal warden, told the council that she has had no problems cat- ching any animals with just a net or a "have a heart" trap (cage). "Animals can be caught without using leghold traps. Bloomington bans trapping and they have had no increase in animals or rabies since enactment in 1964. Ur- banization will help control numbers of animals." She then presented the council with pic- tures of dogs which had been caught in leghold traps. Council member Mark Parranto asked her if she had tagged the owners of the dogs for not being on a leash. Gilbertson said she hadn't because she did not know who owned the dogs. Wade Sundeen said he had many memories of trapping as a r youngster. "What we're hearing here are horror stories. If we really want to ban something that is a real horror story, we should ban automobiles that kill people. We should tag the illegal trappers not ban trapping for all citizens of Eagan. This is an emotional issue. The problems with land trapping is a problem with pets, not a problem with trapping. Pat Riley, a wildlife manage- ment student, said that "trappers are concerned with the quality of life and anti -trappers are con- cerned with the quality of death." Richard Laybourn noted that the leghold trap "is cruel to wildlife, not just pets." Jim Nielsen, a Burnsville resi- dent, noted that "this meeting is a lot more controlled than the way it happened in Burnsville. But this is not just an Eagan issue, it's a state issue. Council member Ted Wacht said he came here in 1942 to far and has trapped for control al for money. "I don't want to se children caught in traps either But if we're talking about pain t wildlife I suppose we should als outlaw fishing; that must be pain ful too. I believe that if we d( enact an ordinance it should bar trapping in the city parks only. 1 think we ought to study the situa- tion before we act." Council member Tom Egan said that "we have to protect the property rights and analyze this in a non -emotional context. What we need is enforcement of ex- istinn. ordinances and laws, not to add another. I would like some in- put from the county and state and a study of what other cities have done." Council member Jim Smith said "it looks like an enforcement problem to me. The illegal trap- per and the illegal pets are the problem." Council member Mark Parran- to agreed with only banning trap- ping in the parks. "I know I would rather trap pests than poison them. Proper trapping has a use." The council voted 4-1 to con- tinue the situation for further study. Wachter voted against the motion "only because I'd like to see us ban trapping only in the parks and be done with it." On the matter of whether or not to upgrade Highview Ave. from its present gravel condition to a residential street with storm sewer, Bill Folstein, a resident of the area, said "I feel it should be done. This is the third time around and all but a few feel the road needs upgrading. The pro- blem isn't going to go away and it's going to cost more if we wait any longer." Frank Stager said, "I'm sick and tired of that road. I put new shocks on my car every year and I'm against that too. The people who are against the road upgrading don't drive on it." Ann Godda noted that "This is 1980 and we're still living in the horse and buggy days with this road. The dust is unbearable all summer." Jennifer Selby asked if there weren't alternatives that would be less expensive such as oil or calcium chloride to hold down the dust. A Mr. Polsky suggested that chloride would be an expensive alternative since that would wash away every time it rains. Parranto said that the council had done a disservice to the area by not putting it in a couple of years ago and moved to close the hearing and order the project in . Smith seconded the motion. Egan said that he would have to vote against the project since it appeared the residents didn't want it, but "I feel it is downright tragic. Substandard streets do not maintain a standard of living and gravel road maintenance is more expensive to the entire city than is the cost of upgrading the street. People involved should pay their fair share." Mayor Blomquist said that "the majority of the people don't want it. I feel it's their mistake. I hope you won't expect more at- tention or special treatment for that road than any other dirt road in the city gets. You won't get it." The vote on the project was 2-3 with Wachter, Egan and Blom- quist voting against it. Parranto, as chairman of the public works committee, said that body would take up the possibility of assess- ing for upkeep of gravel roads. "Right now the city pays for that and I don't think it's fair to those who have been assessed for streets to have to pay for upkeep of your gravel roads too." In other business, the council: APPROVED the hiring of Eugenie Johnson for recep- tionist/clerk/typist for the police department. APPROVED the increase to $7500 for land cost for the purpose of establishing the per unit cost for cash in lieu of park land dedication. AUTHORIZED the agreement with Dakota County CETA for hiring and funding of Diane Rrvda as an artist. EXECUTED the reduction of the letter of credit for Wilderness Park second Addition. CONTINUED the renewal per- mit for Cedarvale Fish and Pet Center for two weeks. HEARD a report from Dick Lincoln on the status of the tax exempt mortgage financing pro- gram. The council will determine the action taken on the matter Thursday night at a special meeting. CONTINUED the plat for Coachman Oaks First Addition. TOOK no action on the request by Don Halien for a special per- mit to allow seven people to reside in a single family residence at 720 Blue Gentian Rd. CONTINUED until the May 20 meeting the request for preliminary plat approval of Safari at Eagan. APPROVED the waiver of plat for Rauenhorst Corp. Eagandale Center Industrial Park 1. AWARDED bids for improve- ment projects 80-1 and 80-9. CONTINUED the mechanical amusement device ordinance. 1947-80 Cub Scout Den Leaders To Celebrate 50th All cub scout den leaders from 1947-1980 are invited to a turkey luncheon and program celebrating 50 years of cub scouting at the Prom Center in St. Paul May 31 at 11:30 a.m. Contact Darlene Sommers at 463-2516 after 3 p.m. by May 20 for further information and reserva- tions. Wednesday, Feb. 26, 1986 St. Pau Eagan compromises on By Thomas B. Koetting Staff Writer In the midst of a discussion on the February blahs last week, an Eagan staff member glanced at the jammed parking lot outside City Hall and sighed. "I think the freeways were fin- ished and everybody has suddenly discovered where Eagan is," he said. City staff members and officials "lave been busy considering numer- as plans for new development in e city since Interstate 35E -!ned up. But the two issues gain - the most attention these days re instigated by the city itself. 'he first issue is the upgrading expansion of a portion of Ni- Road. Despite being a rela- ly important thoroughfare, the is only 24 feet wide, essen- v a country road with ditches ach side. The city has been cting a major increase in is that could not be handled by :trrent road conditions. iat traffic problem could be made worse by development on the west side of the road, a stretch of land zoned for commercial retail development. In response, the city staff pro- posed a 52-foot, four -lane design from Cliff Road to Diffley Road with an eight -foot bituminous trail set in from the east side of the road. Residents in the area have made it clear they do not want a four - lane road at the end of their front yards. At two public hearings this month, many residents said that in addition to opposing the assess- ments — which always draw a negative response — they simply didn't think the wider road was necessary. Thomas Colbert, Eagan director of public works, said the residents failed to see the big picture. "The road itself is falling apart; it needs to be reconstructed," Col- bert said. "The debate was whether you upgrade it to the full expected need." Last week, the City Council ap- proved a scaled -down vers signed to accommodate b traffic and the neighborhoo Under the revised plan, t will be two traffic lanes a safety lane (32 feet wide Kings Road to Nancy Circl traffic lanes (52 feet wide) t the Cliff Road intersectio traffic lanes (48 feet wide north of the intersection to Lane; two traffic lanes a safety lanes (46 feet wide) Shale Lane to south of the i Road intersection; four lanes (52 feet wide) throu Diffley Road intersection; a traffic lanes and two safety (44 feet wide) from north of tersection to Beau De Rue D Colbert said all the trans phases of the road will have worked out in the coming we: As for the trail, the cit work with residents in the a find a solution to the debat: how wide and how far fro street the trail should be. The staff has said it is strongly a€ St. Paul Pioneer Press and Dispatch ises on plan to widen Nicols Road t the 'h of etail pro - sign toad trail the lade 'our- ront this 3t in ;ess- w a nply was actor ents )art; Col- ther cted ap- proved a scaled -down version de- signed to accommodate both the traffic and the neighborhood. Under the revised plan, the road will be two traffic lanes and one safety lane (32 feet wide) from Kings Road to Nancy Circle; four traffic lanes (52 feet wide) through the Cliff Road intersection; four traffic lanes (48 feet wide) from north of the intersection to Shale Lane; two traffic lanes and two safety lanes (46 feet wide) from Shale Lane to south of the Diffley Road intersection; four traffic lanes (52 feet wide) through the Diffley Road intersection; and two traffic lanes and two safety lanes (44 feet wide) from north of the in- tersection to Beau De Rue Drive. Colbert said all the transitional phases of the road will have to be worked out in the coming weeks. As for the trail, the city will work with residents in the area to find a solution to the debate over how wide and how far from the street the trail should be. The city's staff has said it is strongly against making the trail less than six feet wide. The project is scheduled to be completed before next winter. The second issue causing a stir in the city will heat up even more by next Tuesday's council meeting. In early February, the city decided not to renew a builder's permit for developer and builder Carl Tollef= son, who runs Tollefson Builders Inc. City officials and staff members have said that Tollefson, one of the city's largest builders, is a problem to work with, and the council want- ed to put a hold on processing all future developments or building permit requests until the situation can be resolved. "He can finish up what he has going now, but he can't do anything beyond that," said city building in- spector Dale Peterson. Peterson said that he did not think Tollefson had more problems with the sound- ness of his buildings than other builders but that problems were extensive from a development standpoint. The Eagan staff is putting to- gether a list of all the problems they have had with Tollefson, which will be presented to the City Council on Tuesday. The council also approved two development plans. It approved a preliminary plat for 90 single-family lots on 40 acres of land east of Lexington Av- enue and north of Wescott Road. The project, developed by Dave Gabbert, has run into some. prob- lems because lots did not meet the city's 12,000-foot minimum. The lot sizes were changed, as was the zoning of the land. It also approved a preliminary plat for 144 apart acres of land east enue and west o golf course. The down into two apartments, is be Stuart Nolan. Finally, the city cept design for a garage in Eagan. "We needed a design ... a sem thing fits togethe "Now the archit4 and put together s The project is 1 Bohrman Archite lis firm. ioneer Press and Dispatch 7S lan to widen Nicols Road de - the oad one rom our ugh our om ale wo om ley fic the wo es in - al be ill to er e 's making the trail less than six feet wide. The project is scheduled to be completed before next winter. The second issue causing a stir in the city will heat up even more by next Tuesday's council meeting. In early February, the city decided not to renew a builder's permit for developer and builder Carl Tolief- son, who runs Tollefson Builders Inc. City officials and staff members have said that Tollefson, one of the city's largest builders, is a problem to work with, and the council want- ed to put a hold on processing all future developments or building permit requests until the situation can be resolved. "He can finish up what he has going now, but he can't do anything beyond that," said city building in- spector Dale Peterson. Peterson said that he did not think Tollefson had more problems with the sound- ness of his buildings than other builders but that problems were extensive frorn a development. standpoint. The Eagan staff is putting to- gether a list of all the problems they have had with Tollefson, which will be presented to the City Council on Tuesday. The council also approved two development plans. It approved a preliminary plat for 90 single-family lots on 40 acres of land east of Lexington Av- enue and north of Wescott Road. The project, developed by Dave Gabbert, has run into some prob- lems because lots did not meet the city's 12,000-foot minimum. The lot sizes were changed, as was the zoning of the land. It also approved a preliminary plat for 144 apartment units on 9.5 acres of land east of Lexington Av- enue and west of Carriage Hills golf course. The project, broken down into two buildings of 72 apartments, is being developed by Stuart Nolan. Finally, the city approved a con- cept design for a new public works garage in Eagan. "We needed a basic schematic design ... a sense of how every- thing fits together," Colbert said. "Now the architect can go back and put together specific details." The project is being designed by Bohrman Architects, a Minneapo- lis firm. as 7iose Driveway Access STAN HENZE, Standard manager, left, and Tom Gegax, Stan - By LESA ALEXANDER Staff Writer EAGAN-A small businessman lost his fight against the bureaucracy last week when two driveways into his service station were curbed by the state as part of the Co. Rd. 30 expansion pro- ject. The Minnesota Department of Transportation (DOT is extend- ing Co. Rd. 30 into four lanes and has been working on it for the past two weeks. This involved the state taking over 10 feet of pro- perty at the Eagan Standard at Cedar Ave. and Co. Rd. 30 (among other businesses and re- sidences). "This quick -take rule of the DOT of taking land without permission is wrong and against due -process," said Tom Gegax, Eagan Standard property owner. Gegax further stated he doesn't mind the expansion project but does not want the highway de- partment cutting off two driveways into the station from Cedar Ave. "We will lose 35 to 40% of our business without these accesses and I don't feel it is necessary," said Gegax. Gegax, with legal counsel, met with the DOT Aug. 8, with a re- design of his station with one en- trance off of Cedar. The access complied with the state's re- quirement of 100 feet distance from a exit ramp, which will be constructed directly behind the station. "On Friday, Aug. 11, I was con- dard property owner are dissatisfied with Mn/DOT because these exits into their station will be cut off. tacted by Peter Nelson from the Attorney General's office and told they would give me the en- trance providing we remove two light poles on the Cedar Ave. side," said Gegax. "However, once we moved them, the state said they changed their minds and the access would be too in- convenient." Since the state reversed their decision to grant the station their Cedar access on Aug. 15, con- struction has continued and Al Pulk, DOT resident engineer, stated definitely "there will not be an access." The DOT expansion plan for Co. Rd. 30 includes a bridge which will go over Cedar Ave. The project's completion date is summer 1979, and the construc- tion at Cedar and 30 should be completed in several weeks. Gegax explained that "curbing the station in" from Cedar will not only result in customer incon- venience but also a safety hazard. "We think this will become a safety hazard at these stop lights because customers will slow down trying to find an entrance and the DOT agreed with us," said Gegax. The station's denial of access rights affects many others, ac- cording to Gegax. "I feel small businessmen -real- ly get run over by the state and big government and this is wrong," said Gegax. "When they push small businessmen ever- yone will have problems even- tually." NOON vvling agues S 7-20 AJBC VLING LC H ES I Uali0, udies ana individuals. Men's, Women's, mixed couples for night-time handicapped. Ladies: Daytime leagues - babysitting facilities available. Men, Women, straight away league Tues. Night Late (9:00) ?DEFJ BOWL INC CENTER t Trail 423.2000 urday Night - Moonlight Bowling 10:00 P.M. Scotch Doubles Friendly Service, 4 7 DAYS A WEEK aY THRU SATURDAY N LUNCHES 'TIL 4:00 P.M. INNERS 'TIL 12:30 A.M. SUNDAY OCKTAILS & FOOD IOON 'TIL CLOSING )ff Sale at Hampton . thru Sat. 11 to 10 P.M. o Wed. - Sat. 9:00 p.m. - 1 a.m. 0 0 II O CACTUS q O WINE IINoon Lunches -11-1 Mon. -Fri. O Great Cocktails Priced Right U O Eagan's Largest 11 Game Room ,,,,..,, ,,,, X- Le atJ+ q Hwy. 55 & 49. Eagan 11 454-8251.f 0 Lo====0=10===0 NOW APPEARING etek lop/k Safety concerns prompt on -street parking restrictions at four Eagan sites By BRENDA HAUGEN port. Safety is a concern when The on -street parking restric- cars are parked on the west tions were set to take effect in Safety concerns prompted the side of the street and pedestri- Eagan City Council to restrict ans cross the street to enter the on -street parking in four loca- school grounds, Colbert said. tions, and more bans may be • Post no parking on east side on the way. of Rahn Road from Shale Lane At its Sept. 20 meeting, the to Cliff Lake Road. council unanimously approved According to the staff report, on -street parking restrictions in both sides of the street from the following areas: Shale Lane to Cliff Lake Road • Post no parking on both are lined with cars during hall sides of Town Centre from games and other events even Mann Theatre to Lexington though the parking lot isn't full. Avenue and post O'Leary Lane A safety problem exists when on both sides from Town Cen- pedestrians cross the street at tre to Yankee Doodle Road. mid -block or if vehicles are According to. Public Works entering Rahn Road from the Director Tom Colbert, the city townhouse complex, according has received "numerous com- to staff. plaints" regarding parking in Hunter said these last two this area, and many accidents issues were the most dangerous have been recorded there as because they involve the use well in the last three years. of school and recreational The manager from Water- fields. Colbert pointed out that view Apartments told the, people are parking on the council she is aware of the streets rather than in the park - parking situation and apart- ing lots because of conven- ment residents will have to be ience. informed they must use their garage spaces for vehicles, not storage. She added the apart- ment staff will look into other solutions as well. "We are working on the prob- lem," she said. • Post no parking on both sides of Thomas Centre Drive from Cliff Road to Thomas Lake Road. According to the staff report, parking on this street appears to be more of a convenience than a necessity. The parking lot for Life Time Fitness is adequate for parking, but on - street parking is closer to the entrance door, the report states - Council Member Shawn Hunter agreed, saying he is guilty of parking on the street rather than in the business' parking lot because on -street parking is closer to the build- ing entrance. If on -street park- ing is illegal, he would park in the lot as would others who have parked on the street in the past, he said. A re— rp pntative frnm i.ife 30 days. The issue initially was brought before the council in a Sept. 5 workshop in response to increased on -street parking in Eagan. Council members di- rected city staff to bring all requests for restricting on -street parking directly to the council for review and formal action. Staff identified these four loca- tions as priorities for the com- munity. "These were the most criti- cal," Colbert said. Colbert added more locations will be forwarded to the coun- cil in the future. Wachter said the Blue Cross/Blue Shield road is a problem, probably because the parking ban isn't enforced. Wachter said en- forcement needs to take place at the new locations as well as at sites where parking already is banned. FOR MAKING OUR GRA AAA Minnesota CINNBBON 1 Travel Agencies PIONEER PRESS - MIS. I kiln. Tlrketi Prize Dr; Chame0.4 Girt Certificate One Night al Country Inn council she is aware of the parking situation and apart- ment residents will have to be informed they must use their garage spaces for vehicles, not storage. She added the apart- ment staff will look into other solutions as well. "We are working on the prob- lem," she said. • Post no parking on both sides of Thomas Centre Drive from Cliff Road to Thomas Lake Road. According to the staff report, parking on this street appears to be more of a convenience than a necessity. The parking lot for Life Time Fitness is adequate for parking, but on - street parking is closer to the entrance door, the report states. Council Member Shawn Hunter agreed, saying he is guilty of parking on the street rather than in the business' parking lot because on -street parking is closer to the build- ing entrance. If on -street park- ing is illegal, he would park in the lot as would others who have parked on the street in the past, he said. A representative from Life Time Fitness said eliminating on -street parking would be a hardship for the business be- cause the parking lot does fill up, especially during the peak times of 5-9 p.m. He added that he has approached Thomas Lake Center business people, but they won't allow the fitness club to use parking in that lot. Council Member Ted Wachter said business people in the area have approached him and said they can't oper- ate their businesses efficiently with fitness club members parking behind their busi- nesses. He added that the wel- fare of all involved leads him to ban on -street parking at this location. "Safety is a big issue," Wachter said. • Post no parking on the west side of Thomas Lake Road from Audubon Court to High - line Trail. According to the staff report, on -street parking in this area is a problem when special events are held at Thomas Lake Ele- mentary School. The curve of the road and the 35 mile -per - hour speed limit compound the problem, according to the re - streets rather than in the park- at sites where parking already ing lots because of conven- is banned. ience. FOR MAKING OUR GRA cwrraeon VW/rid fGrnays C1'rnattraf RDIs AAA Minnesota PIOYEERPRESS Travel Agencies 1 A • IVIVTA Prize Dr. It your bus. Della Airline Tickets 'lum Hauntkr Mimieapolis 1 year MVTA Bus Rides Donald Snyder, Burns, Ile Allan K'udert Apple Valley Burnsville Center Gift Certificate ten Phillips Eagan Timber lodge Steakhouse Gift Certificate Tim Tallman Burnsville Target Gift Certificates (Apple Valley & Kagan) Floyd Blur • Eagan Bernie Perna - Burnsville Kathy Sander Apple Valley AAA Bask Membership Bev Anderson - Burnsville Vicki lleaufuy Prior Lake Cub Foods Gift Certificates (Burnsville & Eagan) David & Nancy Anderson - Eagan Jean Huffman - Burnsville Swan Hulke • Eagan Monica Nolte Reed • Eagan Sharon Paulson - Savage United Artists Theater Tickets Jeff Howard Burnsville Champps Gift Certificate Peony Vy4oul- Savage Applebees Gift Certificate Ruth Emboli Burnsville Ikauna Luke Eagan Marjean & Jiru MiGulre - Burnsville Abdulla Candy Carla Ludwig - Apple Valley Bumper's Gift Certificate Gloria Johnson Eagan Minnesota Zoo Membership Manta Koester Burnsville In Line Skates from Target Burnsville Paula & Jan lee • Burnsville Relslad Floral Gift Certificate Ilartene Burka - Prior Lake Timberwolves Gear Debbie Larson • Eagan Gopher Football Tickets Mark ?midge - Apple Valley Guthrie Theatre Tickets Paul Mattsen - Apple Valley Orchestra Hall Tickets Ken Petrick • Burnsville One Night at Country Inn Jane DeGireef • Apple Valley One Night at holiday Inn EXPRESS • Fagan Kermit Berm "Burnsville One Night at Holiday Inn Bruce lam - Burnsville Big Daddy's Gift Certificate Disk Kreuz - Eagan Al Bakers Gift Certificate Theresa Lund - Burnsville Clnnabon Express Pack Sharon Bushman -Savage Mery Eld - Burnsville Lan Plind • Minneapolis lklawn Ruing Apple Valley Cities'97 T-Shlrt Nancy McDonough - Eagan Roberta Thompson • Burnsville Pannekoeken Glfl Certificate Barb Anderson Burnsville Mary Anderson • Fagan Mar) Hanger • Burnsville Jim Schluherg • Apple Valley Linda Tantasky - Savage Minnesota Valley Express Bus • Local All Day Bus • Vanpo 882-; 24 hour a day i stkr) Cw ru,, - 12-1. r9s' BRIDGING THE GAP: FROM COUNTRY TO N TO SPRAWLING SUBURB Suit jeopardizes road improvement funds By Sue Hegarty Staff Writer A prominent Twin Cities home builder, who sued the city of Eagan over the collection of road improvement fees, will take his case to a Minnesota Court of Appeals. Joe Miller, lead plaintiff in the "Country Joe" lawsuit, con- tends the city has no authority to charge builders a' 'road unit charge when they apply for a city building permit. After losing his case in Dako- ta County District Court, Miller filed an appeal. If he wins, more than $3 mil- lion that the city collected from builders since 1987 may have to be paid back. But paid back to whom, said city officials, assuming that the builders passed on those costs to their clients. "If Joe wins, would the money be passed on to homeowners?" asked City Administrator Tom Hedges. Miller said cities have no au- thority under state statute to impose such a fee, which he called an "impact fee." Legal counsel for the city con- tends, however, that it has im- plied authority under the Mu- nicipal Planning Act which al- lows cities to col- lect fees "to pro- mote the public health, safety and general wel- fare" of its resi- dents. "These subdi- visions would not be where they are today (without the road unit charge,)" Hedges said. "Their success is built on our infrastructure " The road unit charge is used to help fund construction of major roads leading into new de- velopments. Since 1978 the city has col- lected $5.8 million through road unit charges. The plaintiffs are requesting about $3 million in refunds. The statute of limita- tions prohibits them from seek- ing reimbursements dating ear- lier than 1987. As fees are collected, they are deposited in the city's major street fund, along with munici- pal state aid funds and special assessments. The current fund balance in the major street fund Hedges is $10.5 million, said Finance Di- rector Gene VanOverbeke. As Eagan's population rapid- ly grew and developers proposed housing or commercial develop- ments on what used to be open Gelds, the demand to build arte- rial roads increased, Hedges said. For example, $2.85 million from the major street fund may he used to pay for a portion of the $8.6 million for Promenade -re- lated road improvements, said Tom Colbert, public works direc- tor. Promenade is the proposed 120-acre Opus Corp. develop- ment at Interstate 3fiE and Yan- kee Doodle Road. "We have to build (roads) and we have to build it now. Not hav- ing roads is not an option," said Joanna Foote, Eagan's commu- nications coordinator. Besides Miller, other plain- tiffs named in the "Country Joe" lawsuit are William Huttner Construction, Thorson Homes, McDonald Construction, Key - Land Homes and Feature Builders. They have not filed as a class action lawsuit and no court date has been set. A simi- lar lawsuit is pending with the city of Apple Valley. SAINT PAUL A PIONEE1 agan EMORIAL LUNCHEON luncheon will be held today in emory of Alexander Veerkamp, e boy killed last week in a hool bus accident. 2B UESDAY, JUNE 16, 1998 Region HUMPHREY CAMPAIGNS Gubernatorial candidate Hubert Humphrey III pro- posed new state spending for public education. 7B SOUTH SUBURBAN EDI SERVING APPLE VALLEY • EAGAN • INVER GROVE HEIGH' xhibit provides history behind city's • Who was Eagan? Why `Diffley' Road? Answers at city hall AMY SHERMAN STAFF WRITER When Liz Witt worked as the clerk for the city of Eagan, resi- dents frequently asked the same question: Why is that road called Diffley? Others asked about Wescott Road and wondered if there was a Mr. Wescott in the city's past. And how did the suburb get the name of Eagan anyway? After answering these questions for 15 years, Witt decided it was time to put the answers in writing. Monday, the Eagan Historical Soci- ety member put the finishing touch- es on an exhibit about the famous families of Eagan — families important enough that streets were named after them. The display is small. It's just a few shelves in a display case near the entrance of the Eagan Munici- pal Center, 3830 Pilot Knob Road. But the photos, maps and short his- tories — sometimes glued to color- ful construction paper — provide enough information for residents who don't have a clue about Eagan's history, according to Witt. She got most of the information for the display from a book the his- torical society published in the 1980s, "The Lone Oak Years." The group also took photos of important Leonard Tracy sits in a wheelchair in front of his childhood home in Rosemount. The historical society is fighting destroyed to make room for new housing. The home doesn't qualify for the National Historic Register because it The Rosemount Historical Society is Home with 7 landmark: the Rahn which still Unfortun son Witt cc the exhibit: son the city Neither t torical Soc Historical Eagan. Witt does have a SAINT PAUL PIONEER PRESS TUESDAY, JUNE 16, 1998 SOUTH SUBURBAN LLEY • EAGAN ■ INVER GROVE HEIGHTS • LAKEVILLE • ROSEMOUNT the rectory 877 on South de building," the last sur- acy children. into the attic e chance, just rs. "I've never here since.. . quality timber me." three genera- amily. In 1942, ie Daly moved h her husband, six boys. (The aughter, but she by that time.) mount residents rty as the Daly le youngest child res in Burnsville )od marked the farm becoming Daly's moth- 7st bread in an the family used EAGAN • CONTINUED FROM 1B city hall at 681-4700. Most of the roads were named after farmers and landowners in the 19th century. Many of these men were Irish immigrants who became active in politics. Witt is particularly intrigued by the Rahn family, because running the town board or staff seemed to run in their genes. August Rahn was the clerk from 1919 to 1958. "I find that just remarkable. It's a tough job from experience ... to remain in favor of the town folk (for so long)," said Witt, the retired clerk. There are some questions the exhibit doesn't answer. There is very little information about the women in these families, because they weren't allowed to enter civic life. (The first woman to join the city council in Eagan was Bea Blomquist, elected in 1980.) All that is known about most of the women is the year they married and the number of children they had. But a 1920 photo of Catherine Eagan, Patrick's daughter, hints that she was a character: the pic- ture shows her balancing on a shotgun. She never married, which was rare for her time. A Mendota Heights resident, Witt has never lived in Eagan but served as the town clerk between 1982 and 1997. Retired now, she still helps create historical dis- plays at city hall. Other exhibits now on display are about the fire department, the lone oak tree and farming. PIONEER PRESS Liz Witt, a member of the Eagan Historical Society, holds an image of Patrick Eagan's daughter. Witt set up an exhibit on the city of Eagan's familiar names in the lobby of City Hall. The exhibit will be up for a year. What are the stories behind Eagan's names? Liz Witt isn't certain when the streets were named, or by whom. Some of that information could be difficult to track down because not everyone wants to fess up to nam- ing a road. In the 1960s, County Road 30 went by another name before it was named Diffley: Rabbit Run, according to Ray Wade, a member of the historical society. "I can't get anyone to admit they (named) it. It lasted a month and then it was changed to Diffley." Rahn Road: The street runs north -south from Woodhaven Park to Rahn Park. Brothers John, William and Carl left war -torn Prussia in the 1870s to make their fortune in America and landed in Eagan. The brothers become crop farmers and owned land on Pilot Knob Road between Lone Oak and Dodd roads. Many Rahns were active in civic life, serving on the town board of supervisors and later the City Council. Wescott Road: The street runs east -west from Pilot Knob Road to the Canadian Pacific railroad tracks. This name is particularly popular; there is also a Wescott Hills Drive, a square, a trail and a escott lived by Diffley Road: Diffley runs east - west from the Burnsville border to State Highway 3. An Irish immi- grant, William Diffley was elected the first town treasurer in 1860 and held the post until 1874. He was a town supervisor from 1872 to 1877. Dodd Road: Dodd is a road that winds north -south from Wescott Road into Rosemount. It was named for Capt. William B. Dodd, who began its construction by organizing laborers in 1853. The road was built from St. Peter (then known as Rock Bend) to St. Paul, covering 65 miles. It took 109 days to build the road, one of the first in Minnesota. Slater Road: Slater is located on the southwest corner of the city and runs north -south from Cinnamon Park to the Burnsville border. An Irish immigrant, James Slater Sr. landed in Eagan and homesteaded 160 acres. His son, James, became a well-known farmer living near Highway 13 and Cedar Avenue. The city of Eagan: The Eagan family emigrated from Ireland to Minnesota in the early 1850s and staked a claim on 220 acres south- east of city hall. Patrick Eagan served as the chairman of the board of supervisors of Mendota Township (Eagan was still part of Mendota at that time). In 1858, he was elected to the Dakota County Board. Patrick was the first chair- man of the board of supervisors for the township of Eagan when it formed in 1860. He served on and off as the chairman through 1870. His son, Patrick Jr., served on the board in 1884 and 1885. Tempers Flare ASdiW Rd. Improvements Are Discussed By HELEN HUNTER Staff Writer EAGAN -- A heated discussion of improvements to Cliff Rd. was part of the June 7 city council meeting here. The improvements are part of a joint project with the county. The cost is to be shared with Eagan paying 45% and the county paying 55%. The proposed four -lane divided urban roadway would run from Blackhawk Rd. on the west to 1,000 feet east of Johnny Cake Ridge Rd. At a public hearing on May 3 Bob Sandeen, Dakota County Highway Engineer and Gary Erickson had been asked by the council and dissenting residents to consider dropping the pro- posed 18 foot median (needed for safety reasons and left turn lanes according to Erickson and San- deen), include guardrails, and consider plantings for screening purposes. Councilman Ted Wachter had also asked the county com- missioners to consider assuming a greater percentage of the cost since the need for upgrading at this time was due to lack of ac- cess to the zoo when it opens in the spring of 1978. Sandeen and Erickson had taken the requests into con- sideration and attended June 7. They informed the residents and council that while guardrails were feasible to install, the elimination of the median was another matter. Alternate de- signs had indicated not enough savings in area would result to make discarding the median a viable option. In addition, Sandeen indicated he would not recommend that the county finance plantings along the road since it had always been a city -financed expense on shared projects. The county com- missioners had also declined to consider assuming a larger percentage of the project. Tempers flared. Larry Strohkirch, 1819 Cliff Rdwas particularly upset by the coun- ty's seeming unwillingness to not help finance trees along the road. "It seems to me that we are getting the gouge all the way on this," said Strohkirch. "It's real- ly a sad situation in this damn ci- ty that you guys have to take ad- vantage of 30 people on a damn road where the whole state is be- ing helped. It's not even supposed to be the main road for the thing," he charged. Sandeen contered that many of the trees were located on the ex- isting right of way and where they were not, property owners were reimbursed for them. Gil Amundson, Lenore Ln., asked if the council would not consider a community -wide as- sessment. He pointed out a law passed a year ago by the legislature permitted such a thing and said Apple Valley had recently done just that. Mayor Herb Polzin did not ap- pear to care for the idea. "How would you like to be assessed for a road over by my place (Blue Gentian Rd.)?" he asked Amundson. Arnundson cited the difference between a $50 community -wide assessment and the $3,000 assess- ment he would personally have to pay. "I might pay $50 bucks for a road in front of your house," he replied. A petition signed by 500 persons was then indicated by Amundson. He said protocol re- quired them to ask the council to file it for them with the Environ- mental Quality Council. The council declined to do so. Amundson then indicated they would file it and request an en- vironmental impact study. Under questioning by Paul Hauge, city attorney, he said telephone calls to the Minnesota Pollution Con- trol Agency, Environmental Quality Council, and the attorney general's office had indicated the people had a reasonable case based on the impact to them. "We are the environment," he said. "You are going to put a road about 50 feet from Mrs. Johnson's house," said a visibly agitated Amundson. "You're go- ing to put about 25,000 cars across that on a given day. That's all that Hwy. 100 has right now. The traffic, the noise, the pollu- tion, the safety factor! She's go- ing to come out of her house right into 25,000 cars going by. A road with 25,000 cars and those homes is not compatible. I can't find a situation like that anywhere in the Twin Cities," he said. Councilman Ted Wachter, as he has consistently, noted that the most distressing thing to him was that the zoo was what was creating the situation and "the county commissioners will not address themselves to this situa- tion in a different manner than any other road." John Klein, 1495 Lone Oak Rd., indicated May 3 that the road was scheduled to be a major east - way thoroughfare with or without the zoo. "All that's being asked of the Cliff Rd. people," he said June 7, "is that they pay their normal residential street assess- ment." Under questioning concerning the median, Erickson admitted the road could be built as a four - lane highway without the median (muck like Lexington Ave.), but the engineers felt the median was best to allow for left turn lanes to accommodate local traffic and for safety reasons. No action was taken at the meeting. Sandeen, Erickson and City Engineer Bob Rosene agreed to meet with people to the south of Cliff Rd. to discuss what additional steps might be taken to minimize problems. Woodgate residents had met with Erickson prior to the meet- ing. Sandeen had indicated at the May 3 public hearing that it was doubtful improvements could be started during .1977 since, even though there wIa be no federal' funding, federal approval is re- quired. Homeow en rs assessed for Eagan road win in court TONY BLASS STAFF WRITER In a case that may have far-reaching implications, owners of 12 homes in Ea- gan won a bruising battle with City Hall this week when a dis- trict court judge ruled that the city had im- properly assessed homeowners thousands of dollars for a new road. "I can't even begin to tell you how I feel," said Lorri LuConic- Trenary, who had been assessed $6,000 for a road she told city offi- cials she didn't want and didn't need. "This," she added, "is the most wonderful Christmas present." That same stocking-stuffer refrain ech- oed Thursday inside a dozen homes along Rahn Road, a chalky, snowswept thor- oughfare connecting two retail centers in western Eagan. The road became a source of conflict two years ago when the City Council, against the wishes of many homeowners, unanimously approved a project that widened the road and brought more and faster traffic to the neighborhood. LuConic-Trenary t Late Wednesday, a Dakota County Dis- trict Court judge ruled that because the road improvement did not raise property values along Rahn Road, the city could not charge residents. In all, $37,592.05 had been levied against owners of the 12 homes, which are only a small fraction of those as- sessed. Despite the court action, scores of residents who never publicly opposed the project remain obligated to pay their as- sessments, which in most cases exceed $2,000. "I hope some of our neighbors learn that apathy doesn't cut it," LuConic- Trenary said. What the city learned from the experi- ence also remains to be seen. But at least one council member said that in light of the court's decision, the city must consid- er a new special assessment scheme or some other financing mechanism that sustains the burdens of law. "If the city has been found in error, we ROAD CONTINUED ON 12B ► Silver Bell Rd Area of reconstruction CO ___� Mpls St. Paul Area of detail ROAD CONTINUED FROM 1B owe those people an apology," said Tim Pawlenty, one of five Council members who supported the road improvement project in January 1990. "We're going to have to re- visit the whole issue and evaluate the policy." But Mayor Tom Egan wasn't so quick to admit defeat. He said an appeal of the case is possible, pending a thorough review of the judge's decision. He said he was concerned that the case may have been lost not on the merits of the issue, but on how it was presented by the city's legal counsel. Attor- ney James Sheldon of Apple Val- ley represents the city, but he was unavailable for comment Thurs- day. The ruling follows a two-day hearing last month that turned on the testimony of dueling apprais- ers, one for the city and the other for the homeowners. LuConic- Trenary, who recently lost her job and has struggled with health problems, said the most she had hoped for was a reduction in the assessment. Yankee Doodle bridge 4-7- construction to begin Td,s By BRENDA HAUGEN Folks traveling along Yankee Doodle Road in the Town Cen- tre area this summer and fall should be prepared for con- struction. Along with approving the final planned development, final subdivision and vacation of ponding easement for Opus' Eagan Promenade develop- ment, the Eagan City Council awarded the contract for the Yankee Doodle Road bridge widening. The contract was awarded to Edward Kraemer & Sons, Inc. with a bid of nearly $1.27 mil- lion. According to assistant city engineer Mike Foertsch, this bid was 15.6 percent under (See Bridge, p.9A) e ale Valley/Rosemount, Eagan Sun•Current/Wednesday, Oct. 16, 1996 1<peping Patients Healthy is Part of Our Everyday Routine qu�S of • Open 7 days a week • No appointment necessary • M.-F., Sam-9pm, Sat Sun, 9am-5pm NOW CARE AL CENTERS Physical Therapy Orthopaedic Specialists 1970 Rahncliff Ct. Eagan S. W. Corner of Cliff Rd & 35E 686-6442 • LARGEST Indoor Fright -Filled Experience! • WIN a Terrorific Trip for 2 each Weekend! • FREE Classic Horror Film Screening! • FREAKY Climbing Wall. • ENJOY Strange Brew at the Toadstool Bar. • HAYRIDES and BONFIRES Available. • CALL to Attend the Phantom's Feast! MORE BOO FOR YOUR BUCK! Presented by the MN Renaissance Festival CaII the MCKLITIE at 612-445-7361 Oct. 17-20, 24-27, 30-31, 7 pm to 11 pm. Adults $9.95 Children (5-12) $4.95 Discount Tickets Available at AIX. Follow Hwy. 169 South to Hwy 41 West u w e Company founder was say Cray Research offi By Sue Hegarty Staff Writer Officials at Cray Research in Eagan are calling their company's founder, Seymour Cray, the father of the super- computer and high performance com- puting industry. "He was a creative and technological genius who continued to push himself and those of us privileged to have been his colleagues," stated a Cray press re- lease. "He ranks with Edison, Ford, Marconi and Bell as one of the seminal thinkers, inventors and business pio- neers of modern times." Cray, 71, died Oct. 5, 1996, from in- juries suffered in a car accident in Col- orado Springs, Colo. on Sept. 22. He was born in Chippewa Falls, Wis., in 1925, the son of a city engineer. He attended college at the Universi- ty of Minnesota and earned a bachelor's degree in electrical engineering in 1950. One year later, he earned a master of science degree in applied mathematics. He went to work for Engineering Re- search Associates of St. Paul before be- coming co-founder of Control Data Corp. in 1957. In 1972, he founded Cray Research to design and build the world's highest per- formance general purpose supercomput- ers. He served as director, chief execu- tive officer and president from 1972 to 1977. Seymour Cray worked. In 1989, he started Colorado Springs. Eagan -based Cray last February with Si of California. Cray h ployees in Eagan. Cray is survived daughters, Susan Claire, Wis., and Caro neapolis; son, Steven and a sister, Carol Ker Minn. A memorial servic Oct. 12 at Cray Res Systems Building in C. Memorials are prefe Area Supercomputer ] Davis, 7352 178th St., WI 54729 or the Se Memorial, Universit Foundation, 1300 S. 200, Minneapolis, MN ormation highway in Eagan at WIPG aumann as established in St. ins in existence, how- everal groups that is company now called blishing Group. n Publishing Group ed in June of 1996 ng joined forces with lishing. s for WIPG are locat- ota at 620 Opperman ing subsidiaries and ocated in Wisconsin, eorgia, Pennsylvania, hington D.C. rporation, WIPG's par- dquarters in Stamford, acilities in New York, usetts, and Illinois. ich are now published rmation Publishing rimary law statutes, egulations; as well as lytical law products. WIPG are available in s: print, CD-ROM, and ategories of print prod- ublishes: Primary and sts; Federal and State that includes annotated i states; over 500 publi- :hools, such as Black's ); and over 1000 titles of Ind topical law books. cts are relatively new at ties including multime- muing legal education. s offered by WIPG are 's Legal Directory, and West's Legal News. Westlaw(R) was developed in the 1970's, and contains more than 9,000 data bases in its computer -assisted legal re- search service. Updated daily, there is 24-hour customer service . West's Legal Directory is "America's most comprehensive," says WIPG. It lists one million legal professionals and is available on Westlaw(R), the Internet, and CD-ROM. West Legal News brings daily legal news information to the desktop, and can be accessed through both the Internet and Westlaw (R). To develop the volume of products of- fered by WIPG requires a multitude of people. There are 5400 employed at the Eagan facility alone, and 9700 people employed in total. Company products have a global mar- ket base, and include more those involved in the legal profession, and law students. Their products are also used by accoun- tants, trade associations, journalists,sci- entists, government, interest groups, the insurance industry and others. An excerpt from a corporate statement made by WIPG President Brian Hall says,"Our vision is to become the fore- most information and publishing group business in the world." One of the oldest and largest legal publishers in the world, Jennifer Moire of WIPG's corporate communications de- partment says, "The merger of Thomson and West Publishing was done for growth opportunities in the marketplace." "The move from St. Paul to Eagan, which was completed in 1992, was also done with future growth in mind. There is a lot of room to physically expand in our present location," says Moire. From: Hunterpouglas WINDOW FASHIONS Ask About Our Custom Top Treatments and Draperies and FREE Installation Offer Apple Vathy/Rosemount, Eagan Sun•Current/Wednesday, Oct. 16 Dodge Nature Center Halloween Extravaganza Join the Time Wizard on "A Time -Traveling Safari" to a strange land of gig natural and supernatural creatures! This ghoulish tradition is a safe, spook educational way for parents and children ages 5 & up to celebrate Hallo Friday, October 25 -- SOLD OUTI Saturday, October 26 Matinee Performances Start Times: 1:00, 1:15, 1:30, 1:45, 2:00, 2:15, 2:30, 2A5 P Saturday, October 26 Evening Performances Start Times: 6:15, 6:30, 6:45, 7:00, 7:15, 7:30, 7:45, 8:00 The safari tour lasts approximately 90 minutes S7.00 Adults $5.00 Children Under 12 To Register: Call 455-4531 soon! Reserve your spaces before they're spooked away! It's No Ordinary Walk in the Wo Dodge Nature Center, 1795 Charlton Street, West St. Pa DAKOTA WINDOW DECORAi1NG 469.2275 $25.00 OFF DAKOTA INDOW WDECORATING 1 FR Any Window Treatment i In-H Valid on any purchase of $150 or more. Consu Expires 10-25-96. Call 469-2275 7 Rait Cars Derailed In Eagan; 2 Hurt �e 9 RIPPED UP RAILS WERE EVIDENT FOLLOWING THE CHICAGO NORTHWESTERN WRECK AT CEDAR AVENUE SOUTH OF MINN. RIVER, TUESDAY. --Photos by Carol Braun. (More Photos 10A) By CAROL BRAUN Staff Writer 6 Montns ______ __- ___..__a 5.50 6 Months $ 6.50 9 Months $ 7.00 9 Months $ 8.00 12 Months __ ____ -__ ____ __$ 9.00 12 Months 1 $10.00 Servicemen Anywhere $9.00 one year Main Office and Plant at Farmington - 463-7884 Branch Offices Lakeville Burnsville Apple Valley Rosemount 469-2000 890-2530 432-4646 423-2636 A Rare One... One of the most impressive items we came across in the daily press last week was three lines at the bottom of an Associated Press story about the state lawmakers averaging $11,000 in pay and expenses last year. The punch line read as follows: "Rep. 'Ray Faricy, DFL-St. Paul, drew no per diem in 1976, accepting only his base salary of $8,400." This tax-free per diem last year amounted to $25 per day for Twin Cities members, and $33 per day for those from non -met counties. Per diem payments are made for each day the legis- lature is in session. For interim work, when the legis- lature is not in session, all lawmakers get $33 a day for official business. Lawmakers have not had a raise since 1973, but we understand the per diem is about to be raised. Back to Rep. Faricy, it is rare to find a legislator who won't take money which is coming to him. We've never met him, and do not know his reasoning, but one thing is certain .. We'd like to shake hands with him some day. EUGENE CLAY, Editor ikem tolteiditz volunteering, please gi M. Snyder a call at 454-8501. It is impossible to list ever- yone, we may have overlooked some unintentionally in the pro- cess of writing thank yous. A special thanks to the families in the area who invited residents to their homes to share with them the Thanksgiving and Christmas holidays, and to those who re- ligiously picked residents up each Sunday and took them to church. MONA SNYDER Activity Director Or -villa Home, Eagan the accident, which occurre' e day after Christmas. The ban- dages on his face and hands have been removed. He was not hospitalized. Zweber was with the head custodian at John F. Kennedy Elementary School, Richard Hartmann. when the incident happened at that school. Busi- ness administrator Ray Jesh said that Zweber could have been much more seriously injured if he had been alone when the fire happened. FOR YOUTH ADVOCACY ... District 199 Board Studies Rental Request By DONNIE CARR Staff Writer INVER GROVE HEIGHTS -- A proposal to rent space for a federally -funded youth advocacy program for Dakota County in the Pine Bend building was tabled by School Board 199 last Thursday. Board members felt they needed more information about the new program before a de- cision could be made and directed the administration to ask the project director to attend the next board meeting, Jan. 27. The tentative proposal was to share of the $4,000. HEARD about fuel oil situation estimating the filled tanks could take the junior and senior high schools for 10 days or more de- pending on the cold weather. if supplies are cut off. DISCUSSED new state law, Chapter 271, which states the dis- trict must plan. evaluate and re- port to the public concerning its activities beginning with the 1978-78 school year. Citizen input is to be used. GRANTED a maternity leave to Carolyn Thompson, SOAR teacher for elementary. from March 25. to beginning of the EAGAN -- The last six cars and the caboose of a Chicago and Northwestern train derailed on the transportation company's track east of Cedar Ave. in Eagan Jan. 18 about 8 a.m. Two railroad employees riding in the caboose sustained minor injuries and were treated and re- leased at Divine Redeemer Hospital. They were J.G. Koempel and R.W. Anderson, both of St. Paul. The 53-car train was on its way from St. Paul to Mankato when the derailment occurred, said W.C. Schwieger, chief train dis- patcher for Chicago and Northwestern. The first part of the train continued on to Savage. The cause of the derailment was still unknown Tuesday after- noon, Schwieger said, and was being investigated. The derail- ment tore up the track the length of the seven cars and damaged a wooden bridge that supported the tracks over a creekbed. All seven cars were turned on their sides and several had the wheels broken off. The amount of damage in terms of monetary loss had not yet been determined, Schwieger added. The derailed cars carried potash, wallboard and newsprint. Some of the contents tumbled out of the tipped cars and a pile of potash, which is used to make fertilizer, spilled under the bridge. Chicago and Northwestern has run its railroad tracks through Eagan since 1900 or earlier, Schwieger said. _ DAKOTA WEST EAGAN ■ APPLE VALLEY ■ ROSEMOUNT ■ LAKEVILLE ■ BURNSVILLE ■ r WEDNESDAY, JUNE 10, 1987 Eagan to put on best face with freeway zoning Bloomington's 1-94 "stri • " ...L...f��. 4 Big developments will make `strip' appealing By Les Suzukamo Staff Writer Like any suburbanite, Tom Hedges worries about how his front yard will look. Will it be neat and orderly? Will it have nice things planted in it? Most of all, will it make the right "state- ment"? But Hedges, the city administrator for Eagan, is not thinking about his personal front yard. He is worrying about the city's front yard — its 18 miles of freeways that offer commuters and passers-by their first good look at the fastest growing city in the state. "There's a certain image that the public has of a community," Hedges said. "If you have a good plan- ning effort and good construction ... I think it makes a good statement about the community." Eagan officials say the city will shape its image through "freeway zoning" — a hybrid form of busi- ness zoning designed to concentrate a select group of large, high -quality commercial and retail develop- ments along a community's main corridors of traffic, where everybody can reach them and — just as im- portantly — see them. Freeway zoning's enthusiasts say if all goes well, the as -yet nebulous plans could translate into tall, handsome office buildings, graceful regional shopping malls, and a mix of fine restaurants, shops and smaller businesses grouped together in commercial parks. Besides creating jobs, the development will pump new tax revenue into city coffers, lessening the tradi- tional suburban reliance on residential taxes. Any development along the fr tax 2DW /FROM THE SECTION FRONT St. Paul Pioneer Press Dispatch e Freeways/ Eagan believes large projects are appealing Continued from Page 1 businesses cluttering the view with message -bom- barding signs, will fade into the horizon, they say. What will it look like? It may, say officials of Eagan and others, look a lot like Bloomington with its famous — and in the eyes of some critics, infamous — "Bloomington strip," Interstate 494. Emulating the `strip' Eagan officials, aware of the strip's somewhat mixed reputation, say they want to emulate the sleek office and hotel high-rises of the eastern half of the strip near Minneapolis -St. Paul International Airport. They want to avoid the clutter of car dealerships, signs and smaller businesses along the strip's older western half, which was developed during freeway zoning's infancy 20 years ago. They also should want to avoid the Bloomington's rush-hour traffic headaches, Metropolitan Council traffic experts warn. The Bloomington strip has reached its capacity, a council traffic specialist says. Eagan's planners expect to unveil a draft ordinance before the city council and planning commission at a joint workshop on June 30. Freeway zoning has been a hot topic of discussion in the offices of municipal planners along the Twin Cit- ies' Interstate 494-694 ring road. Inver Grove Heights considered it for a time before deciding another type of zoning would be superior. Woodbury has a 2-year- old ordinance in place, ready to use for the first time on the proposed Wooddale regional shopping mall. On the other side of the metropolitan area, Minne- tonka went to the extreme measure of putting the brakes on all development along Interstate 394 until it decides how to proceed. In Dakota County and St. Paul area suburbs, free- way zoning is a new concept, but it has been used for a couple of decades in the suburbs of other metropolitan areas and elsewhere in the Twin Cities. Woodbury, for instance, deliberately modeled its freeway zoning ordinance on Bloomington's. "We wanted to create a district that could give us the flexi- bility to do what they've done in Bloomington," said Dwight Picha, Woodbury's community development ector. could end up looking way development prospects make Bloomington their first stop for information. "Eagan is almost a mirror image of Bloomington," Bloomington director of planning Rick Geshwilers said. "If you were to fold the St. Paul suburbs against the Minneapolis suburbs at the airport, they would be almost an exact copy of each other." The two cities share roughly the same togography, the same freeway in I-494, and the same demograph- ics, Geshwiler said. Eagan's population, currently about 43,000, is expected to peak between 85,000 and 100,000. Bloomington is at its peak with 85,000 residents, Geshwiler said. Eagan officials politely demur, however, when asked whether their city will look like Bloomington. "I think we're a little different from Bloomington," Eagan planning director Dale Runkle said. Runkle said Eagan began considering changing its zoning along its freeways recently after it noticed that some developers were making proposals that did not fit conventional categories. The new developments called for "mixed use" proj- ects — projects that combined hotels with office buildings and retail too, for instance, Runkle said. Two such projects were proposed in the past few years, he said. Because mixed use projects do not neatly fit under conventional zoning, which sometimes splits retail and office development into separate zones, the city and developers have to hammer out individual agree- ments for each project, Runkle said. However, such mixed use projects were exactly the kind of developments contained in freeway zones, Runkle said. Thinking big The key to freeway zoning, Bloomington's Geshwiler said, is to think big. Very big. Bloomington has a large minimum lot size and de- mands high quality construction, usually summed up in the city's "brick or better" exterior requirement. Tough standards lead to two good results, he and other planners said. First, they sweep the field clear of the smaller proj- ects that might clutter the view. Aesthetics are a big attraction in freeway zoning. For something to look in thing as large as a freeway, it one of the country's largest developer of office build- ings, industrial parks and warehouses. "We will typically look at a parcel that is 20 acres or larger, where we can do a multi -phase project," Stender said. Trammell Crow, based in Dallas, has its Twin Cities offices in the Normandale Center on the Bloomington strip, where it is finishing construction on the last of three skyscrapers. The company seeks out freeway -zoned areas for its projects, Stender said, "because we wouldn't want a mobile home park going up next door." "I think the cities treat their freeways as their front doors, and I think they're pretty careful about what they put there," Stender added. Traffic an issue However, the cities had better be careful, warns Carl Ohrn, a principal planner with the Metropolitan Council who specializes in regional transportation pol- icy. Business skyscrapers, large shopping malls and other intensive development along freeways lead to only one thing — heavy traffic, he said. "Freeway zoning itself isn't a problem," Ohrn said. "It's the intensity of development that a community will allow." "I think everyone does themselves a disservice if they overbuild along their freeways," Ohm said. The Bloomington strip experiences the downside of intense freeway development every morning and eve- ning at rush hour, where traffic peaks and backs up for a half-hour or more, he said. Ohrn acknowledges Bloomington's traffic problems are minor compared to, say, Houston, where traffic backs up for 10 hours a day, but added, "They should say to themselves, 'Hey, why not avoid that?' I mean, why put yourself in that type of box?" Traffic concerns are not limited to just Blooming- ton. Increasing traffic snarls led the Minnetonka City Council last year to declare a one-year moratorium this year on all development along its Highway 12- Interstate 394 strip until it could figure out a solution, planning director Ann Perry said. The city anticipates more intense development along its new, improved I-394 under construction next to overloaded Highway 12, but it wants to avoid some of the problems of Bloomington, Perry said. The city, for instance, requires its large developers, such as Trammell Crow, to tie in with a state Transpo- nt s i . nsored ride -share program, as 1-494 `critical' For about the past six months, the Metropolitan Council has been studying ways to ease the traffic problems along the I-494 strip, Ohrn said. The traffic problem is reaching a critical point be- cause I-494 on the western side of the Minnesota River in Bloomington is reaching its 20-year life span. The road either needs to be upgraded, which could cost more than half a billion dollars, or the traffic needs to be cut, Ohrn said. Geshwiler pooh-poohed the Metropolitan Council's concerns about traffic, saying, "the Metropolitan Council would have wanted all the business develop- ment in downtown Minneapolis and St. Paul, and for us all to ride buses ... " he paused, "and bake cook- ies," and he laughed. Indeed, the very features about freeway zoning that worry Ohm and the Metropolitan Council are the ones that suburbs like Bloomington sought. The intersections along the Bloomington strip are too close together, Ohrn claimed, interrupting the flow of traffic, but Geshwiler said they were one of the keys to changing the city's character from rural -sub- urban to urban. Bloomington urbanized to such an extent that it has become a net importer of jobs, with 40,000 of the 70,000 people who work in the city flowing in from other cities. For a suburb, that's somewhat akin to reversing the direction of a river. And that urban development elevated the city from the minor leagues of the suburbs. The U.S. Census Bu- reau in the early 1980s changed Bloomington's desig- nation from suburb to central city, Geshwiler said. "I've sort of toyed with the idea of calling it a `super urban center,' or 'sup-urb,' " the planner joked. Besides its location in the middle of the most af- fluent areas of the Twin Cities as well as next to the airport, the image upgrade is one of the reasons why Bloomington has been so successful luring businesses, he said. Eagan, perhaps not unconsciously, seems to be trying to establish the same sort of image. Asked to describe Eagan's present image, Hedges called his city, "a central location, a self-sustaining city." Hedges said he believes the Eagan freeway zoning ordinance will concentrate most of the development at the city's main intersections, while allowing space for residences or even open space in between. The areas under consideration include I-494 and the north- ern part of I-35E, Runkle said. Southern I-35E is more residential and unsuitable eeway development envisioned, the Lawsuit Seeks Freeway Halt SUNFISH LAKE -- A 1973 lawsuit to stop construction of In- terstate 494 in Dakota County is active again in a federal court. U.S. Magistrate J. Earl Cudd gave Sunfish Lake permission April 5 to join and amend a suit to challenge an environmental im- pact statement approved in Februaty for the freeway. That suit was filed by the Minnesota Public Interest Research Group, the Dakota County Environmen- tal Protection Association and other interested parties. Sunfish Lake is the only Dakota County community opposing the proposed I-494 route from Bloom- ington to South St. Paul. Phil Getts, the attorney representing the town of about 400 residents, said the statement does not seriously consider other possible alignments, such as Hwy. 110 and Hwy. 55 corridors and does not pay sufficient atten- tion to the environmental im- pacts of the freeway. Yankee Doodle Road construction begins By BRENDA HAUGEN Construction on the Yan- kee Doodle Road bridge over I-35E began last week, and motorists can expect delays as work continues through the summer. Included in the project is the widening of Yankee Doodle Road to three lanes each way and the addition of another left -turn lane on Yankee Doodle Road onto Pilot Knob Road south, ac- cording to City Administra- tor Tom Hedges. The con- struction also will give mo- torists traveling west on Yankee Doodle Road an opportunity to make a right- hand turn onto I-35E rather than the present left-hand turn, he said. "It's going to help the traf- fic movement be more effi- cient," Hedges said. Roadwork is expected to be completed in time for the grand -opening of the Eagan Promenade development, located north of Yankee Doodle Road and east of I- 35E, this fall, Hedges said. Noting that this stretch of Yankee Doodle Road is an important artery for busi- nesses in the area as well as commuters, the city has asked that the roadway be open to through -traffic as much as possible during construction. "(We're) trying to make it positive for the business community up there," SIGNS OF what can be expected this summer were found last week as motorists traveled west on Yankee Doodle Road over the I-35E bridge. Photo by Rick Orndorf Hedges said. He added that he hesitates to say the road will always be open, because there may be a day or two when that's not possible. Lane restric- tions are expected during the project as well. Eagan girl is finalist in scholarship p rog ra m Tara M. Reu, daughter of Tom and Tina Reu of Eagan, has been selected as a finalist in the 1996 Pre -Teen Minne- sota Scholarship and Recogni- tion Program to be held June 14-16 at the Kahler Hotel in Rochester. Pre -Teen Minnesota is a by - invitation only scholarship and recognition event involving girls ages 7 to 12. Those in- vited are chosen based on their academic records, awards, honors won, outstanding per- sonal achievements, volunteer services, school involvement, leadership abilities, creative talents and/or their participa- tion in outside activities. State finalists will be judged on academic achievement, TARA REU volunteer service to church and community, school honors and activities, development of per- sonal skills and abilities, gen- eral knowledge, communica- tive ability, and on-stage re- view and acknowledgment of accomplishments. Pre -Teen Minnesota will award more than $5,000 in educational bonds, prizes and awards. Eagan man charged with assaulting woman A 30-year-old Eagan man has been charged with third-degree attempted criminal sexual conduct, second-degree criminal sexual conduct and third-degree assault in connection with a May 18 incident in Eagan. Sang Yup Kim was charged in Dakota County District Court. According to the criminal complaint, Kim owed the female victim $800. Kim allegedly called the woman at her workplace and said he had some "good news," and the woman believed this meant he had her money, according to the complaint. The female victim, along with a female co-worker, met Kim that evening at an Eagan business. When the female victim met Kim, he escorted her back to an office where he allegedly threatened her and assaulted her, the complaint states. (,P AGES E SESSION 1 - H SESSION 2 - S SESSION 3 - SESSION 4 - N SESSION 5 - B SESSION 6 - A 11' 1111 20. 1978 Eagan Citizens Ask For Study On 1-494 Intersection Site A MEMBER of the audience expresses his views at the open meeting to give Eagan citizens an opportunity to tell the city council how they feel about the location of the interchange for 1-494. EAGAN CITY councilmen from the left, James Smith and Mark Parranto, Mayor Leo Murphy and councilman Torts Egan listen to citizens' views on the location for the interchange in Eagan for proposed highway 494 during the meeting April 12. By KAREN GROTE Staff Writer EAGAN -- The city council passed a resolution requesting that the Minnesota department of transportation iMn/DOTJ. the Dakota county highway depart- ment and the Eagan city staff make a thorough study of where the intersection for Interstate 494 should be before the council will decide on the final location. The resolution was passed at the end of an open meeting April 12 at Pilot Knob School. The meeting was to hear the opinions and views of Eagan citizens con- cerning the intersection and the recommendation of Eagan's ad hoc roads committee that it be placed on Pilot Knob Rd. In the resolution, the council requested that the organizations study the traffic flow patterns and growth patterns at both the proposed Hwy. 13 and 494 in- tersection and the proposed Pilot Knob Rd. and 494 intersection. In addition the council wants in- depth studies on how the in- terchange locations will affect any adjacent streets and neighborhoods. Another issue that will be studied at the council's request is whether Pilot Knob Rd. should be upgraded to a four -lane or an im- proved two-lane road. Several people suggested hav- ing an interchange at both loca- tions to even out the traffic flow. but Merritt Linzie. the Mn/DOT representative. said it was a bad idea because there would be too much swerving and merging. Councilman Mark Parranto re- quested that Linzie provide a written report on why using both interchanges wouldn't work. All reports and studies are to be completed by June 9. The council's decision to request more information was a result of the comments of people who spoke from the audience of over 200. Joe Harrison, the head of Eagan's planning commission and a member of the road com- mittee, reflected the views of a large number of the people pre- sent when he stated. "Gentlemen, I request and ask that you do it right and have an in-depth study done of the entire issue." Harrison said there was a lot of bias in the report of the roads committee and a to pros and cons were missing in the report made to the council by that committee. Sheridan J. Buckley, Jr., stated, We don't have to develop Eagan at all if we don't want to." Paul Taylor expressed disap- proval of the council's indecision and said that a builder knows where a door is going before he begins building a house, but Eagan can't decide where the in- terchange is going and a road is coming through. John Klein cautioned the citizens that professional studies had been made and Pilot Knob should be the location of the in- terchange. Klein expressed dis- approval of the citizens who dis- paraged the industries that are moving into Eagan and requiring the improved roads. He cau- tioned the citizens to remember that industry was why Eagan's citizens enjoy such a good tax base. Several other citizens spoke up and asked the council to study the issue thoroughly before deciding so they could make an intelligent, knowledgeable decision. The council agreed to do that and in June, after reading the re- APRIL 20, 1978 TORS having claims against said estate are required to present the same to said per- sonal representative or to the Clerk of the Court within four months after the date of this notice or said claims will be barred. Dated: April3rd, 1978. GERALD W. KALINA, Judge (COURT SEAL) LAMPE, FOSSUM, JACOBSON & BOREEN Attorney - BERNARD E. BORENE Box 240 - 105 East Fifth Street Northfield, Minnesota 55057 (507)645-4411 (612)333-7570 68 7-8 PUBLIC NOTICE SUMMONS Court Fib No.$5054 STATE OF MINNESOTA COUNTY OF DAKOTA DISTRICT COURT FIRST JUDICIAL DISTRICT Board of Directors of Lakebrldge Con- dominium Association No. 1, a non-profit corporation, Plaintiff, -vs- Phyllis J. Atkins, Robert D. Atkins, Jayne E. Baker, Shirley Benz, James J. Bonfig, Catherine Brandes, Nancy S. Cameron, Larry J. Cronin, Lynelle R. Cronin, Michael D. DuPont, John Fleming, Juanita Franco, Steve Everett Gilleland, Gary L. Harring- ton, Karalyn J. Harrington, Erwin Henry Helmken, David Edwyn Henderson, Gerald A. Irslov, Joan K. Johnson, Richard James Johnson, G. Julkowski, James A. Kalbler, Linda M. Kalbler, Shelia Rae Kitzman, Mary J. Klemz. Rodney A. Klemz, Ralph A. Kreber, Ann Mary Krinsky, Steven Harold Krinsky, Kenneth G. Kromschroeder, Wendy Lou Kruger, Peter Lanners, David Latuff, Barbara L. Lehmann, Paulette F. Miller, Dale Harold Naasz, Monica M. Olsson, Darrell J. Peerboom, Susan Peerboom, Linda L. Raske, Phyllis A. Rheault, Richard 72. Robbins, Daniel Kenneth Scheppat, Joyce Schorn, Dorothy J. Schwagerl, Janet C. Seewald, Richard T. Seewald, Carole L. Senty, Carmen C. Starr, William Starr, Darlene E. Steggall, Michael R. Steggall, Duane M. Stephens, Connie F. Sward, Janet C. Thell, Magdalen Wiederhold, Phillip Wiederhold, Robert W. Walker, Banco Mort. ;age Company, Drovers State Bank in ;Guth St. Paul, Farmers & Mechanics iavings Bank of Minneapolis. F B S Homes. ne., Federal National Mortgage Associa- ion, First National Bank of St. Paul, H. and lal J. Rothschild, Inc., Iowa Securities ;ompany, Midwest Federal Savings and Loan Association, Minnesota Federal Sav- ,ngs and Loan Association, Minnesota Housing Finance Agency, Northland Mort- gage Company, Richfield Bank and Trust Company, The First National Bank of Hud- son, The Spring Company, and all other arsons unknown claiming any right, title, nterest or lien in the real property de- scribed in the Complaint herein, Shelter Tomes Corporation, Shelter Corporation of irrterica, Defendants. THE STATE OF MINNESOTA TO THE ,BOVE NAMED DEFENDANTS: You are hereby summoned and required o serve upon plaintiff's attorneys an \newer to the Complaint which is hereby served upon you, within twenty (20) days, tfter service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken tgainst you for the relief demanded in the :ornplaint. This proceeding involves and affects real >roperty situated in the County of Dakota, hate of Minnesota, legally described as ollows: Lot 1, Block 2 and Lot 1, Block 3, .akebridge Patio Homes. The object of this proceeding is reforma- ion of the Enabling Declaration Establish- ng A plan for Condominium Ownership 'urrently of record to correct erroneous ❑iscalculation of the percentage interest f each condominium owner. By: KENNETH G. SCHIVONE Attorney for Plaintiffs 1550 West Larpenteur St. Paul, MN 55113 646-7287 4 7-9 UBLIC NOTICE IOTICE OF MORTGAGE FORECLOSURE SALE NOTICE IS HEREBY GIVEN, That de- 'ault has occurred in the conditions of that :ertain mortgage, dated the 6th day of April, 1976, executed by Joseph H. Regen- scheid and Audrey M. Regenscheid as mort- gagors to First National Bank in Cannon Falls as mortgagee, filed for record in the >ffice of the Register of Deeds in and for :he County of Dakota, and State of Minne- sota, on the 14th day of April, 1976, at 3:00 )'clock P.M., and recorded in Book of Mort- gage Records, the original principal amount secured by said mortgage being $30,000.00; that no action or proceeding has been in- stituted at law to recover the debt secured by said mortgage, or any part thereof, that there is due and claimed to be due upon said mortgage, including interest to date hereof, the sum of Thirty One Thousand Sixty Five and 21/100 ($31,065.21) DOL- LARS, and that pursuant to the power of sale therein contained, said mortgage will be foreclosed and the tract of land lying tia (o my of Dakota, State of PUBLIC NOTICE CERTIFICATE OF BUSINESS NAME STATE OF MINNESOTA, ) ) ss. COUNTY OF DAKOTA ) I, the undersigned, hereby certify that I am the person who will conduct and trans- act a commercial business at the City of So. St. Paul, in the County of Dakota, State of Minnesota, under the name and style of Shakespeare, that the full and true in- dividual name of each and every person who is in any way interested in said business under said name, together with the post office address of each of them is as fol- lows, to -wit: Leonhardt F. Koepsell, 257 - 12th Ave. N., So. St. Paul, MN 55075. LEONHARDT F. KOEPSELL STATE OF MINNESOTA, ) ) ss. COUNTY OF HENNEPIN ) On this 9th day of March, 1978, before me personally appeared Leonhardt F. Koepsell, to me known to be the person who made and signed the foregoing certificate, and ac- knowledged that he executed the same as his own free act and deed. DAVID L. NFrLSON, Notary Public Hennepin County, Minnesota My Commission Expires April 30, 1979. 70 7-8 PUBLIC NOTICE ORDER AND NOTICE OF HEARING ON PETITION FOR PROBATE OF WILL AND FIRST CODICIL THERETO AND APPOINTMENT OF PERSONAL REPRESENTATIVE IN SUPERVISED ADMINISTRATION AND NOTICE TO CREDITORS STATE OF MINNESOTA COUNTY OF DAKOTA PROBATE COURT COUNTY COURT PROBATE DIVISION Court File No. 19099 In Re: Estate of R. BLANCHE HOW - LAND, Deceased. TO ALL INTERESTED PERSONS AND CREDITORS: it is Ordered and Notice is hereby given that on the 9th day of May, 1978, at 9:30 o'clock A.M.. a hearing will be held in the above named Court at Courthouse, 4th & Vermillion Sts., Hastings, Minnesota, for the formal probate of an instrument pur- porting to be the Will and first codicil there- to of the above named decedent, dated July 8th, 1977, and November 15th, 1977, re- spectively, and for the appointment of John F. Howland and A. Isabel Howland whose addresses are Route #3, Northfield, Minnesota 55057, as personal representa- tives of the estate of the above named de- cedent in supervised administration, and that any objections thereto must be filed with the Court. That, if proper, and no objections are filed, said personal repre- sentatives will be appointed to administer the estate, to collect all assets, pay all legal debts, claims, taxes and expenses, and sell real and personal property, and do all necessary acts for the estate. Upon com- pletion of the administration, the repre- sentatives shall file a final account for the allowance and shall distribute the estate to the persons thereunto entitled as ordered by the Court, and close the estate. Notice is further`given that ALL CREDI- TORS having claims against said estate are required to present the same to said personal representatives or to the Clerk of the Court within four mofiths after the date of this notice or said claims will be barred. Dated: April 1 lth, 1978. GERALD W. KALINA, Judge (COURT SEAL) JAMES S. LANE, III HEAD AND TRUHN Attorney 1601 Soo Line Bldg. Minneapolis, Minnesota 55402 101 8-9 PUBLIC NOTICE A public hearing will be held Monday, May 22 at 8 p.m. in the Waterford Com- munity Center on an ordinance to regulate the junk car and car graveyard business within the Township of Waterford and also upon an ordinance to regulate pipeline and electric powerline public utilities with- in the Township of Waterford. Copies of the proposed ordinance will be in the office of the clerk. 113 EDNA HARMER Clerk of Waterford Township PUBLIC NOTICE ORDER FOR HEARING AND NOTICE (Termination of Parental Rights) Fib No.8726 COUNTY COURT COUNTY OF DAKOTA STATE OF MINNESOTA JUVENILE DIVISION In the Matter of the Welfare of NIKKI LYNN TRAFZER, Child. TO: JOSEPH JOHN REMARCIK. Janet L. Carpenter having filed, in this Court, a petition alleging among other 'n s that the parental rights of the father, ve named PUBLIC NOTICE EUREKA RESIDENTS There will be a special election Monday, May 8 to elect two additional supervisors as asked for in the March 14th election. They will serve until the next town election at which time we will elect two three (3) year term supervisors and one two (2) year term supervisor. Filings will be open from April 17 to April 27 and may be made at the home of the Clerk. Election at the Eureka town hall. Polls open from 10:00 a.m. to 8:00 p.m. HILMAN LEINE, Clerk 69 7-8 PUBLIC NOTICE City of Now Market Dog Licenses Dog licenses for all dogs within the City of New Market are due May 1, 1978. The cost for these licenses are: $2.00 - males & spayed females $5.00 - females The license fee is payable to the City Clerk prior to May 1. All dogs within the city limits of New Market are to be penned or leashed. By order of the City Council of New Market LARRY WELTER, City Clerk 108 8-9 PUBLIC NOTICE CERTIFICATE OF TRADENAME STATE OF MINNESOTA ) ) SS. COUNTY OF DAKOTA ) I, the undersigned, hereby certify that 1 am Monte M. Matheson, the person who is conducting and transacting a commercial business at the City of Minneapolis, in the County of Hennepin, State of Minnesota, and from time to time in Dakota County, Minnesota, under the name and style "ALERT & SECURITY SYSTEMS", that the full and true individual name of each and every person having an interest in, and conducting or transacting said business under said name, together with the post office address of each of them as follows, to -wit: Monte M. Matheson, 5705 Garfield Ave- nue South, Minneapolis, Minnesota 55419. MONTE M. MATHESON STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) On this 30th day of March, 1978, before me personally appeared Monte M. Mathe- son, to me known to be the person who made and signed the foregoing Certificate, and acknowledged that he executed the same as his own free act and deed. WILLIAM J. COSGRIFF, Notary Public Ramsey County, Minnesota My Commission Expires Nov. 5, 1983. 93 7-8 PUBLIC NOTICE NOTICE OF MORTGAGE FORECLOSURE SALE NOTICE IS HEREBY GIVEN, That de- fault has occurred in the conditions of that certain mortgage, dated the 21st day of January, 1076, executed by JOSEPH D. KEATING and COLLEEN E. KEATING, husband and wife, as joint tenants as mort- gagors to STANLEY P. LAUSENG and JANICE E. LAUSENG, husband and wife as mortgagees, filed for record in the office of the Register of Deeds in and for the County of Dakota, and State of Minnesota, on the 23rd day of January, 1976, at 9:90 o'clock A.M., and recorded as Document No. 463403, the original principal amount secured by said mortgage being $7,085.00; that no action or proceeding has been in- stituted at law to recover the debt secured by said mortgage, or any part thereof, that there is due and claimed to be due upon said mortgage, including interest to date hereof, the sum of Five Thousand Five Hun- dred Eighty-four and 351100ths ($5,584.35) DOLLARS, and that pursuant to the power of sale therein contained, said mortgage will be foreclosed and the tract of land lying and being in the County of Dakota, State of Minnesota, described as follows, to -wit: Lot 11, Block 2, Cedar Grove.No. 2, ac- cording to the plat thereof now on file and of record in the office of the Register of Deeds within and for said County and State. will be sold by the sheriff of said county at public auction on the 12th day of May, 1978, at 10:00 o'clock A.M., at Sheriffs Main Office, 3rd and Sibley, in the City of Hast- ings, in said county and state, to pay the debt then secured by said mortgage and taxes, if any, on said premises and the costs and disbursements allowed by law. The time allowed by law for redemption by the mortgagors, their personal repre- sentatives or assigns is six (6) months from the date of said sale. Dated March 10, 1978. By ROBERT MUNNS Attorney at Law 316 East Main Street Anoka, Minnesota 55303 Attorney for Mortgagees 148 3-8 ..■ ■w■ ■I1 ►EATIleC Yankee Doodle Road construction begins By BRENDA HAUGEN Construction on the Yan- kee Doodle Road bridge over I-35E began last week, and motorists can expect delays as work continues through the summer. Included in the project is the widening of Yankee Doodle Road to three lanes each way and the addition of another left -turn lane on Yankee Doodle Road onto Pilot Knob Road south, ac- cording to City Administra- tor Tom Hedges. The con- struction also will give mo- torists traveling west on Yankee Doodle Road an opportunity to make a right- hand turn onto I-35E rather than the present left-hand turn, he said. "It's going to help the traf- fic movement be more effi- cient," Hedges said. Roadwork is expected to be completed in time for the grand -opening of the Eagan Promenade development, located north of Yankee Doodle Road and east of I- 35E, this fall, Hedges said. Noting that this stretch of Yankee Doodle Road is an important artery for busi- nesses in the area as well as commuters, the city has asked that the roadway be open to through -traffic as much as possible during construction. "(We're) trying to make it positive for the business community up there," SIGNS OF what can be expected this summer were found last week as motorists traveled west on Yankee Doodle Road over the I-35E bridge. Photo by Rick Orndorf Hedges said. He added that he hesitates to say the road will always be open, because there may be a day or two when that's not possible. Lane restric- tions are expected during the project as well. flew zoo: Which way 'OM MATTHEWS Writer metime next May, the animals at iesota's new zoological garden might peer out at thousands of traffic- ned motorists and exclaim: ,oy, that's a real jungle out there." ey won't be far from wrong. MPLY STATED, AN army of iucrats, legislators, state, county ocal officials have neglected to build adequate to handle the first of an rated one -million plus visitors to the s suburban Apple Valley in 1978.. 1979. 1980. 1981. ile the argument rages over wisdom acting a $50 million sports stadium, ?sotans, publicly and privately al - have committed up to $60 million 480-acre all-weather zoo. As for taxpayers aren't out of the jungle to speak. back to the zoo roads. PH LESS THAN five months until )o opens in May, there is no easy a gain access to the Dakota County ,outh of the Twin Cities where it is d. 'act, more than 80 percent of the hordes will stream to the zoo from rthwest, then be funneled along an roved two-lane road to within a f the zoo entrance. There, the road to four lanes for the last trek to rking areas. for the bad news. IN zoo n't eke yments MATTHEWS iter ,ota's new zoo won't be lake its mortgage pay- $25 million plus inter- ;pite repeated promises huge Apple Valley at- vould pay for itself. ion fees set by the state re are so low, zoo chief ridgwater says, that the 1 garden can afford ay -to -day operating ex- qr opening next May. .EGISLATURE ap- ;uance of the $25 mil- tate-backed bonds in ments on the nrincinal There are parking spaces for only 2,350 cars, despite projections that top zoo at- tendance days will bring upwards of 7.000- vehicles into the area. THERE HAS BEEN a lot of road plan- ning and designing by consultants. state, county and municipal officials. But no roads have been built. In one recent study by the Minnesota The Minnesota Transportation Department has scheduled a public hearing on the Cedar Ave- nue (Hwy. 36) Minnesota Zoo road segment. The meeting will be at 7:30 p.m. next Wednesday at Apple Valley Senior High School, 14450 Hayes Road. The road under discussion is from the proposed junction of I-35E to Johnny Cake Ridge Road near the zoo entrance. Transportation Department, six routes were listed to drive to the zoo. On peak attendance days, said the planners, five of six nearby intersections will be glutted at "very congested" levels by zoo arrivals and departures. Another parking -access study, this by Barton-Aschman Associates, Inc., a zoo consultant, suggests that buses be used to shuttle zoo -goers from park -and -ride lots located away from the zoo. Nothing seems to have come of that idea. See Zoo, Page 2 Friday, Dec., 9, 1 Single Copy Price - out (or Traffic snarls at the Minnesota Zoological Ga Apple Valley will be commonplace until new ro above map are completed. Black line shows pi extension of southbound Minn. 36 (Cedar Avenu ging eastward to zoo entrance. Gray -lined I-35E I northwest to St. Paul will take traffic pressure Road (Dakota 32) when it is complete. — Staff M "Our obligation is to do the best we can rather than meet a mortgage payment," Bridgwater said. Thus, he explained, the Leg- islature will have to dip into gen- eral revenues from the state treasury in order to meet the principal and interest payments for the zoo. Various legislative bills seek- ing creation of a state zoo were offered unsuccessfully during the late 1960s and early 1970s. In each case, there were verbal guarantees that income from zoo visitors would repay the state for floating the bonds. FIRMIN ALEXANDER, St. Paul, chairman of the State Zoo- logical Board from 1969 until earlier this year, said Wednesday See Bonds, Page 2 the Front Page The Dispatch 2C "r Dec. 9, 1977 o: Which way is out? n Page 1 3LEM OF actually )o was solved when Apple Valley and $750,000 from the ast year to expand Ridge Road, which eastern entrance to The cities must re - le cost by assessing ayers for it. Several aid they have heard nrs have refused to ;sments. problem, however, •th, on Dakota-coun- ff Road. It extends to near the zoo from 15W, from whence traffic will come. les, from a four -lane to two lanes of un- 'oad, about a mile Johnny Cake Ridge zoo. because of state - spat over who should ff Road„ only a tem- has been found. Da - will erect makeshift maphores and zoo on Cliff Road just May's onslaught. le, back on Cedar ;t west of the zoo, the inning portions of an 7 and a freeway which many as five years ;ED INTERSTATE to the northeast just at )n of Cedar Avenue Road. The six -lane ressway north of the ate will not open until 31. zoo -bound vehicle will carry 4.2 persons during peak -day trips. Most planners figure 9 to 14 days of peak attendance a year — days when 30,000 to 40,000 per- sons will attempt to flock to the garden. THERE IS ONE drawback. They also believe that the two miles of zoo walkways and tours will accommodate only 12,000 to 16,000 persons on the zoo site at a given time. Minnesota Zoo Director Don- ald Bridgwater, says a crowd of 30,000 persons would be "a typi- cal day at the zoo —packed." The zoo is designed for that many people and no more. 'If 44,000 showed up, we simply couldn't handle them. We'd probably have to issue rainchecks,'' he said. The average zoo visitor will stay 31/2 hours, Bridgwater said. "They're willing to come back and finish later. ' "I THINK EVERYTHIN 3'S been done to ensure adequate roads under existing conditions," says Firmin Alexander of St. Paul, a Minnesota Zoological Board member. He says it wasn't the zoo board's responsibility to see to it that roads were ade- quate. "Everyone sat around waiting for somebody to do something." Says state Sen. Howard Knut- son, I-R,'Burnsville, in whose dis- trict the zoo lies: "Nobody seemed to want to do it (access roads) properly. We build state roads up to state hospitals. Why not there?" he wondered. nent of the Cedar Ave- _!ssway south of 35E a sharp turn and be- ) road, but might not 1982, if then. the zoo from the east, directly from the west rely adequate. •ecasters figure each Robert Sandeen, Dakota Coun- ty engineer, agrees: "If you've got a zoo opening and there's no road to it, there certainly could have been better planning." There are no accurate cost es- timates for upgrading and com- pletion of highways leading to the zoo. BUT THE ZOO FACILITY it- self has cost a bundle. The state must retire $25 million in state bonds approved in 1973 to build the attraction. In addition, pri- vately owned Minnesota Zoo Ride, Inc.; is spending $6.6 mil- lion for a monorail train ride at the zoo. Interest on the state zoo bonds could bring debt repay- ment to as much as $45 million. The Legislature this year gave the Minnesota Zoological Garden $8.5 million in additional oppera - tional spending authority, some • to be repaid out of zoo admis- sions. The zoo still must lease or buy more parking space for its visi- tors unless it plans to park more cars in the area's wilderness treks. At one point, a consultant had suggested parking cars on an air- strip across the street from the zoo. It would hold a lot of cars, the consultant said, but there was one drawback: Airplanes landed and took off during zoo hours. Dakota County paid $1.2 mil- lion for the zoo land, then donat- ed it to the zoo board. One county commissioner, Jerry Hollen- kamp of South St. Paul, is puz- zled why the state did not solve the road problem. "It is a state facility —for the life of me, I can't understand why the state won't provide ade- quate access to it." King center gets grant from UAW ATLANTA (AP) — The United Auto Workers has pledged $600,000 to help finish building the Martin Luther King Jr. Cen- ter for Social Change here. The grant, to be given in $25,000 checks each month over a two-year period, was an- nounced Thursday by UAW Pres- ident Douglas A. Fraser and the slain civil rights leader's widow, Coretta Scott King. onds: Zoo fees too low 1 from Page 1 board never planned to 1 of the zoo -building wer intended to retire interest (on the bonds) oal was to hit about 50 ' said Alexander. aid (only) that we could great chunk of the debt he said. ider said he personally d to legislators what appen to the debt burden rels weren't high enough. 977 Legislature, follow- -ited debate over zoo er; $1.25 for those between 6 and 16 years, with free admission for children 5 years and younger. ZOO PROPONENTS had urged fees as high as $3.50 for adults and apparently based their plans for repaying the zoo bonds on the higher fee income. The bigger fees would have been substantially more than most major U.S. zoos charge. Alexander, still a Zoological Board member, said zoo officials might "go back to the Legisla- ture and ask for an appropria- tion for debt service." Bridgwa- ter pointed out that the zoo- -. ♦•A ,snt P:a St in main at the mandated level until 1979, when increases can be sought. STATE REP. FRED Norton. DFL-St. Paul, heads the House Appropriations Committee as well as a subcommittee that deals with zoo financing. He said he was unaware the zoo debt cannot be paid based on the cur- rent fees. "If there's any validity to that statement (about repay- ment and the fees), we'll look into it," he said. The state zoo bonds are 20- year issues and their principal and interest over that period will total more than $45 million, Andew W. Freeman, 29, vice president of Min- nesota Federal Savings & Loan, has been named Prime Minister of the 1978 St. Paul Winter Carnival. Freeman is a past member of the Win- ter Carnival Royal Guard. DENNIS HOPPER re- turned to Taos, N.M., from Europe and denied rumors that he was wounded in a shooting incident. "I just wonder who told him (that)," the actor said of an item that appeared in Earl Wilson's column last week. Wilson had said Hopper had been shot by a "girlfriend's girlfriend." Hopper said a "girlfriend's girlfriend" had been staying at his Taos home but that he had not met her before this week. LIZA MINNELLI bowed out of her Thursday night per- formance in "The Act" after smoke inhalation from a fire in her Manhattan apartment ,Left her wheezing. A New York Fire Depart- ment spokesman said draper- ies in her penthouse caught fire — apparently kindled by a dropped cigarette. Miss Minnelli escaped unhurt, but her doctor ordered her not to sing for 24 hours. JOHI think E least bit ble toil( der the 1 Cars( with trn "Tonigl the as; Braxt( uct is ing: Bra) Carson humor your n< the ent TAN coveri: gery hornet posers Doc pital tion, t ized f SU who: have rean gresF left t going ness. A Gec Ser D- adc ver. Ar sus cal' Cold: 12 b Continued from Page 1 Northwesterly winds blew at 25 to 40 miles an hour and cut through coats, gloves and pants. Portions of west and southern Minnesota early today experi- enced near blizzard conditions from the blowing and drifting snow, and visibility occasionally was near zero. Travel was al- most impossible in some areas, and schools were closed in many communities. HIGHWAYS in the Mankato area were closed shortly after midnight. Elsewhere, Interstate- Qd 2t Fe, is Falls and Alexan- chai CAP wes to t1 Tw Wit we; will tin ris( by th an vei WE Property owners receive notice of class a7,'997 action against Eagan By ERIN HEMME FROSLIE Property owners in Eagan will soon receive or have al- ready received notices that they may be included in a class action lawsuit against the city of Eagan. The Country Joe lawsuit, which was filed in 1994, was begun by a group of six build- ers challenging road connec- tion fees that had been charged by the city since 1978. The fees were used to help finance needed highway improvements. In March the state Supreme Court deemed this tax illegal. The class action will deter- mine whether any refunds should be made, and if so, to. whom those refunds should be given. Those who receive the no- tices are not being sued. The notice states the Dakota County District Court has ac- cepted the suit as a class ac- tion on behalf of anyone who directly or indirectly paid for building permits in Eagan be- tween Aug. 10, 1988, and March 31, 1997. According to Joanna Foote, Eagan's communication direc- tor, nearly 20,000 notices are being sent to property owners, residential and commercial (See Notice, p.13A) CV, 1991 Notice ••• (Continued from front page) builders, and developers. Notices are being sent to homeowners and builders whether they qualify for the class action or not. At a later date, the judge will determine who ultimately will be part of this class, Foote said. Those who are named to the class have the option of being ex- cluded. Recipients of the notice are not guaranteed a part of any possible future settlement, Foote said. Earlier, the Dakota County District Court decided Eagan did have the authority to charge a road connection fee, but the Court of Appeals re- versed that decision. The Min- nesota Supreme Court upheld the later decision, arguing that under state statute, the city didn't have authority to charge the fee. The suit action is the next step in the process. It deter- mines whether these fees should be refunded. According to Foote, the fees under question total nearly $3.2 'million. Attorneys representing the city of Eagan expect the suit action to begin toward the end of the year, Foote said. For more information, recipi- ents of the notices are asked to contact the attorneys for the plaintiffs through their repre- sentative, Jennifer Albrecht, at (612) 339-7131. DAKOTA COUNTY TR MAY 12, 1977 DAKOTA COUNTY TRIBUNE Road 'Improvements,' Financing Challenged By Eagan Residents By HELEN HUNTER Staff Writer EAGAN — A public hearing. conducted jointly with the coun- ty, was held May 3 to consider proposed improvements to Co. Rd. 32 ( Cliff Rd.) . Drainage and utiilty crossings were also dis- cussed. The proposed improvements met with resistance from resi- dents who felt their property values were being decreased rather than benefitted by the pro- ject. They also addressed the need for a median. asked for a guardrail or noise barrier and preferred some sort of natural screening to minimize the effect on their property. Although the council voted to approve the concept. they asked that suggestions made by the citizens be incorporated into an alternate plan. In an amendment to the mo- tion, councilman Ted Wachter in- dicated he was not opposed to the improvements to the road but to the financing of it. He asked the county to consider a different method of financing the road because it was completion of the zoo which was necessitating it. The improvements would be carried out as a joint project between the county and Eagan. The county highway department would manage construction. The estimated $291.000 cost would be shared on a basis of 45% paid by Eagan and 55% by the county. The residential street equivalent assessment, accord- ing to Bob Rosene, city engineer, would be $13.20 per frontage foot. According to Bob Sandeen, Dakota County highway engineer, the improvement would provide a divided four -lane highway with turn lanes at major intersections and a signal at Cliff Rd. and Johnny Cake Ridge Rd. • It would have concrete curb and gutter and there' would be a realignment of the main median centerline to the south. Also in- cluded are plans for an 18-foot raised median and 13-foot-wide boulevard which could accom- modate a bikeway and/or sidewalk. The portion included i pmvements is that port: Rd. 32 from a point ju: Blackhawk Rd. to a poir east of Johnny Cake R Both roads are expectec as primary access rout Minnesota Zoological when it opens in 1978. Traffic would not have toured during construe cording to Sandeen. In accordance with re Eagan. the grade nea tersection with John] would be cut to improve tance. Residents charged people being benefitted those from outside the c to the zoo. They want planted to both mina noise and hide the road from their view. Gary Erickson, design engineer, felt that only "massive" plantings of trees would help the noise and noted there was not room for that. Steve Marstad. 1740 Cliff Rd., presented the council with a peti- tion from 25 residents which seemed to sum up the concerns of many of those present. The petition stated they felt the plan was overly detrimental and asked that residents be allowed some input to help minimize the undesirable aspects. They opposed alterations to Cliff Rd. which would change the residential neighborhood of the road and cited the inconvenience, safety problems, noise, pollution. and environmental deterioration as well as decreased property values as some of their concerns. "It is not equitable to expect the residents to accept this carte - blanche proposal plus the assess- ments for the road repair," said Marstad. He requested a few weeks for residents to work with the county on an acceptable alternate plan. Marstad also asked the city to review the as- sessment procedure. "Don't force us to pay for a detrimental action," he said. Residents appeared to be in- terested in eliminating the me- dian in hopes of facilitating ac- cess to Cliff Rd. for themselves as well as providing a necessary room for a sound barrier and/or guardrail. Erickson. Sandeen, and Rosene all noted they felt the median was a necessary safety feature. Wachter said he felt financing of the road should rest with Dakota County or the whole metro area. "I can't see why Eagan should shoulder this responsibility of financing this alone." he said. "I feel it's a metro problem." In making his motion, Coun- cilman Jim Smith suggested drafting some alternates com- pressing the median. providing for a guardrail or soundbarrier, and that the city look into setting up a forestry program at some time in the future. This approach, he felt. would perhaps arrive at an approach more feasible and acceptable to the' residents. Opening ceremonies free CIALS examine a plaque donated to the city by Minnesota Department ation District 9. The plaque contains a segment of the Lone Oak Tree isplay in the lobby of the Eagan Municipal Center. Pictured above are. ouncil Members Jim Smith and Ted Wachter, Mayor Bea Blomquist and mbers Jerry Thomas and Tom Egan. EAGAN RESIDENT Brett Meier speaks to dience. The Rosemount High School senior the logo used for Eagan's 125th birthday cel The city honored its birthday at the interstate and earlier in the year at the annual Fourth festivities. LLE High School Marching Band entertains those attending the of - of the interstate. The Apple Valley and Rosemount high school ed and the Metcalf Junior High School JAZZ Band performed at the ollowed. T TO LIMIT UANTITY Y PACK Chops 19 Rood Center MN THIS AD STARTS ONIII NOV. 29 AND RUNS THRU DEC. 2. MN ROSEMOUNT, 423-2430 HOURS MON.-FRI. 7 AM to 9 PM SAT. 7 AM to 7 PM SUN. 8 AM to 6 PM USDA CHOICE BONELESS Locally owned & operated, Tom Kirkey Chuck Roast Le $' 29 HILLSHIRE YIe $1 29 POLISH $ 1 89 FRESH $499 LB `SAUSAGE LB. `OYSTERS LB. PRODUCE AVEL $ �� NG E S 5 LB. BAG • ED PEFRUIT ANCY E APPLES UMBERS EN PEPPERS ERY YDELI zed Donuts /69` otuto Buns C DOZ. 79 $1 39 5 LB. BAG $1 39 3 LB. BAG 4I$1O0 41$1 °; FRESH POTATO SALAD LB.89c COLESLAW LB. c CAFE VALUE ROAST BEEF LB.$1499 BROASTED $ 99 jCHICKEN 16 PC. CREAM LEAN MEA Spare LB. $ 1 JOHN MORRELL HOT `DOGS 12 OZ. GROCERY RICHELIEU STEMS 8 PIECES Mushrooms 4CAI)NZ.3/ l MANWICH Sloppy Joe Sauce CAN CAMPBELL'S Dry Onion Soup NEW CAMPBELL'S Nacho Cheese Soup 1OZ�79 27.5 OZ. $' 39 2.62 OZ. 79c orDip CAN CAMPBELL'S Dry Chicken Noodle or Chicken Rice ...69c 4.75 OZ. EAGLE BRAND SWEETENED Condensed Milk 'CAN $ 19 KARO Red Label $1 59 Syrup 32 OZ. KEMPS - 5 QT. PAIL $219 Ice VANILLA FLAVORS $329 TOM SCOTT Mixed Nuts 12O MARDI GRAS Greeting Towels MARDI GRAS SEASON'S GREET! Napkins ... ELECTRASOL AU Dishwash Detergent WILDERNESS Apple Cider DALEN'S REAL Choc. Chips .... TOTINO Party Pizza . FROZEN WHITE CASTL Hambur ' Interstate 35E in Eagan ,IDENTS came to the opening of Interstate 35E by car, by sled and on vent was held Saturday, Nov. 16 in conjunction with the city's 125th bir- 'Eration. Photos by Christy DeJoy Valley High School Marching Band by playing for the audience at the APPLE VALLEY trhicle License Bureau 15026 Glazier Ave. of Cedar Ave. on County Rd. 42) Phone 431-6770 thru Fri. 9 to 6, Saturday 9 to 12 MAYOR BEA Blomquist unveils a plaque made fro] section of the Lone Oak Tree. ONLOOKERS BRAVED the cold, but were shielded from the snow and wind under Yankee Doodle Road on Interstate 35E, where the ribbon cutting ceremony was held. The celebration featured a variety of speakers and entertainment from local high school bands. r-BURNSVILLE PROFESSIONAL PLAZA r- lliirililliii �.1 �����i�1��� illilii�ilV q gyp, _ 1-4% - a �� �. i ;#A 5,�'111*+a�+ •'rAv'�r��� Burnsville' s Newest Office Complex ;t s & Tabs •Truck License EFH CO. 14,000 s.f. availahle f-r lnoc�, rr€WEEK shorts rnsville earns state title 1WENOW of e finished the 100-yard ce finals at the , with an All - consideration THE STATE championship Burnsville girls' swimming team includes, front row from left: Chris Schultz,Kelly Diane Haas, and1Jod a Schwartz, Teresa . Second row: Whalen, Kelly Voss, Tami Slotter, Allyson WNCarla nKathy Hoene. Tate, Cassandra Moe, Julie Lind, Stacy orrbom, Third row, assistantestheada Silva, coach Don Hulbert, myby, Shannon Logan, Elizabeth RATLIFF of int qualified for the diving com- and finished TEMPLE !ked the biggest, most , meet to have their 1st stunning perfor- e sixth -seeded Burns - es swam away with the ship of the State Girls' g and Diving Champ - Friday and Saturday, i at Cooke Hall pool, the y of Minnesota, Min - rear Burnsville head ion Hulbert thinks he hy. dy expected us to do didn't have to win," said "We had a real relaxed and we decided to make k for us. We decided to do quietly and confidently. of people are in a frenzy _ ._ A ,. 1_4 ,1 airlc Hanson, captains Laurie Thompson, Katie son, Tami Mu hlbauer, Barbie SThomp on by,eipp; Dan Molly Vidlock, and Robin Bartz (behind Vidlock) row: Kristen Thompson, Tina Trebilcock, Ki Kirsten Schwartz, Christy Ruggerio, Hansen, Jenny Schlag, Marnie Koebnick, Kri Amy Greenagel, and Tracy Nordall. • • • The Minneapolis Star Wednesday, March 28, 1979 odd bogged down in Eagan marsh By WALTER T. MIDDLEBROOK Minneapolis Star Staff Writer To bridge or not to bridge? After 20 years, that's still the question for a proposed 3.5-mile stretch of Interstate I-35E to pass through Eagan. Most Eagan residents and the Minnesota Department of Trans- portation apparently think alike on the issue. The freeway should be connected, they say, by a bridge crossing Blackhawk Lake, a 40- acre marsh in central Eagan. But a small group of homeown- ers, who own land on the edge of the marsh near the proposed route, think Blackhawk should not be bridged. Instad, they want the con- troversial section of freeway to swing around the lake about three miles to the east. The Minnesota Department of Natural Resources agrees with them. Each side has a point: The homeowners, calling them- selves Associated Families Inc., charge that the highway's crossing of the marsh would destroy the en- vironment surrounding Blackhawk Lake. Many local environmental- ists support this view. Associated Families is a group of seven families who bought 93 acres of land on the northside of the lake. The families occupy about 13 acres of that land. Their oppo- nents, who suspect the group plans to sell the rest of the acreage, ac- cuse Associated Families of trying to stop the freeway over the lake for mercenary reasons. If the stretch of freeway is completed, the opponents reason, it would lessen the value of the familes' land —including the portions they supposedly would sell. But Associated Families contends its position complies with a recent court decision and with federal guidelines that discourage the routing of highways through wet- lands if there is a reasonable ;. ) ternative. The state Department of Natural Resources takes the same position. The department denied a permit to build the freeway bridge over the marsh, said commissioner Joseph Alexander, because going around it seemed like a feasible alternative. "It's really a state shame," said Jim Curry, a partner in Dunn and Curry Inc., Minneapolis, which owns 1,600 acres of land in the area. He said the interstate road, which runs from Duluth to Texas is complete except for the section in Eagan and a shorter section in St. Paul. The land should have been devel- oped a long time ago, he Curry said. As long as construction is de- layed, "We have to carry the prop- erty and ultimately the guy on the street has to pay for it." "We don't care where it (I-35E) goes and we still don't," he said. "The whole area needs that road." Last year, state transportation officials approached the natural re- sources department for a permit to build the bridge across the marsh. The department held public hear- ings on the issue. The hearing ex- aminer concluded that the bridge should not be built and that the route around the lake would be better. Based on these recommen- dations, Alexander agreed not to grant the bridge permit. But the opponents, led by the Ur- ban Council of Mobility, feel that decision just isn't fair. How, they ask, could this small group come along and scramble 20 years of planning? "They knew about the freeway (would be) crossing the lake when they bought the land," said John Klein, a project director in the co- alition and former chairman of the Eagan town board. Klein was a member of the town board that gave the members of Associated Families the original platting and building permits when the group moved into Eagan. Rerouting the highway is un- neccessary, he says, because Black - hawk Lake is nothing more than a marsh that has been unable to sup- port fish. He said the lake is only partially filled at times and the wa- ter is never more than six feet deep in its deepest section. But the alternative route, if ap- proved, might affect another lake in the area that does support fish life, he said. A major concern of Klein's group is that if the highway is routed around the lake, access roads are inadequate to handle the projected increased traffic flow. Therefore, he reasons, the chance for traffic accidents would increase. The Department of Transporta- tion, on the other hand, doesn't really care where the road goes. "We've got a mission to build the road. It's delicate how we build," said Merritt Linzie, assistant dis- trict director for the Oakdale dis- trict of the department. "We're re- sponsible to build these roads with the least amount of environmental impact." There has been some concern that the continued delays could lead to the state's losing federal funds for the highway project. Lin- zie said even with the latest delays, the project could still meet the fed- eral deadlines, which call for com- pletion of an approved environ- mental impact statement by September 1983 and for all con- struction on the state's roads pro- jects to begin by the end of 1986. The federal government will pay 90 percent of the cost up to that point. After that date, it becomes a state project. And the unused por- tion of the money that had been al- lotted to the state by the federal government will be be transferred back into a pool from which all states with incomplete interstate highway projects can draw. "Elev- en of those states are already wait- ing in the wings," Klein said. Transportation department offi- cials say there are no significant costdifferences between the two plans for the Eagan segment of the highway. Completing plans for a route around the lake, however, could require an additional 12 to 15 months of study. Klein says that delay is costing more than $1 mil- lion a month. Meanwhile, Linzie says his de- partment has stopped all planning on the route across the lake and is concentrating on going around it. Although the specifics of the new route have not yet been defined, preliminary plans should be avail- able in a couple of months. "We will contact landowners in the area and ask them if they want to be invovlved in the process," Lin- zie said. According to the 1977 environ- mental statement on the proposed route across the lake, the freeway would displace 20 homes, 250 acres of farmland, 28 acres of wet- lands, 275 acres of deciduous trees and several hundred acres of wild- life habitat. The freeway also would be expected to accelerate urbanization in northern Dakota County. Linzie said the new route to the east of the marsh would require acquisition of five additional homes. "It could also have an envi- ronmental impact on Fish Lake," he said. The problem with the pro- posed route is that "traffic will be distributed in areas that have not planned for it." He said construc- tion on the new route could begin as early as 1984 if everything is approved. But that's not likely. The Council on Urban Mobility is appealing the department of natural resources' position in the courts. The council has tried to convince the city to join the suit, so far without success. Twice this year, the Eagan City Council has voted not to appeal the decision. Each time the vote (3-2) has been the same. All council members agree that the route over the lake is better for Eagan from all respects. But for expediency's sake, they chose not to appeal the decision. There is also some concern that the chances of winning through the appeal proc- ess are very slim. "I can't see the city paying for it (the route around the lake) or de- laying the project if that is what it comes to," councilman James Smith said. On several occasions in the past, there seems to have been some agreement on the placement of the road. Yet, every time the freeway plans were laid out, one of the four fueding parties would come along and put a new twist in the pavement. "I won't accept the fact that we (Associated Families) are now the cause for the delay of that road," a spokesman for the group said at a recent city council meeting. "After Marsh Turn to next page Marsh is sticky spa for road (Marsh, from preceding page) more than seven years of study, how can somebody come up and stop that road?" The transportation department decided in 1977 the freeway should cut straight across the marsh on its way from Burnsville to Highway 110 in Mendota Heights. That deci- sion was based on the strong local preferences to have the freeway cross the lake. The Dakota County Board of Commissioners, and the city councils of Apple Valley, Burnsville, Eagan, and Mendota Heights had all expressed their preference to the route. For years, they had expected the highway would cut across the lake and have made land -use decisions on that basis. Much of the commer- cial and residential development in those areas, Eagan, in particular. had been based on the assumption that the highway would cross the lake. Later, the Federal Highway Ad- ministration, the U.S. Council on Environmental Quality, the Minne- sota Environmental Quality Coun- cil and the Metropolitan Council ail approved the plan. With those approvals, the trans- portation department began com- pleting final construction plans. It was believed that construction on the project through Eagan could begin as early as 1980. Planning on the proposed route over the lake began in 1956. There is no prediction on a final decision will be made. And according to Linzie, no work can begin until the appeals process has been exhausted. But Klein contends that the same laws that are being used to stop the highway across the lake can be used to stop the alternate route proposal. "They had all the good inten- tions In the world when these (en- vironmental) laws were passed. If you didn't want something done, you used the environmental laws to stop them," he said. "People will be clamoring for the repeal of these laws because they are being misued and abused." "I'm a strong environmentalist," Klein said. "We need that high- way. If not for those seven fam- ilies, we'd be driving on 35E right now . I am absolutely, un- equivocally miffed at .how they (Associated Families) got the change approved. I smell a skunk .... There's got to be some- thing going on. I don't know how, but it stinks." to rsi,cL . 2t,111 1-494 brings crowd to debate impact By Robert Ashenmacher Staff Writer A public hearing concerning con- struction of an 11.5-mile link of Interstate Hwy. 494 in the south- east metropolitan area filled the auditorium of Sibley High School Thursday night, as Dakota County residents expressed conflicting opinions concerning the freeway's possible effects. The state's plans on where to put the corridor that would complete the I-494-I-694 belt around the Twin Cities are opposed by some residents for the lake pollution, increased taxes and disruption the freeway allegedly would bring to residential areas. Other county residents favor the proposed routes, claiming they will alleviate congestion on existing highways, bridges and county roads in the area. An environmental impact state- ment completed last month by the state Department of Transporta- tion (DOT) offers three design al- ternatives for the controversial corridor. In all three it would run from 24th Av. in Bloomington east through Mendota Heights and Sun- fish Lake to the Mississippi River in South St. Paul. At issue is pre- cisely where it should run through those communities. Construction was under way three years ago but was stopped by pri- vate and public groups that took the DOT to court to get it to agree to file an impact statement before continuing building. "This hearing isn't to decide whether to construct (I-494)," said Merritt Linzie, a Minnesota De- partment of Transportation (DOT) spokesman, "but to get public opinion on the design of the corri- dor." ly suggested routes for I-494 came from residents of Sunfish Lake, which the freeway would run through, and a group called Resi- dents Concerned for Pilot Knob, whose members live near Pilot Knob Road, the site of a proposed interchange with I-494. The Sunfish Lake residents claim the freeway would "split our town" and pollute two nearby lakes. A Pilot Knob Road group spokesman, Svenn Borgersen, said the routes proposed by DOT would create "superhighway conditions in a residential area" by having an interchange at the road. The free- way should be located to the west, at I-494's intersection with Hwy. 13, he said. Borgersen also protested assess- ments that he said homeowners along the road will have to pay for improvements in the road that would be brought about by the plan. A spokesman for the Urban Coun- cil on Mobility, a citizens group formed to promote the completion of I-494, I-35E and the Cedar Av. Bridge, said his group favors the DOT's suggested routes for the freeway. The project should not be stopped by "a small few who continue to demand more studies (and) use en- vironmental impact statements as mischevious tools to stop road building," said John Klein, council project director. "Northern Dakota County roads are dangerously con- gested now, and it will get worse." Citing increased county accident rates and the deaths of seven peo- ple on northern county roads since December, he said, "The people who oppose construction should be held accountable to the victims' relatives." The design aspects that DOT com- miceinnor Tamac *�i-- IFoIIow.up Associated Press Los Angeles, Calif. By November 1963, Vaughn Meader's zany impressions of President John F. Kennedy in "The First Family" record album had sold more than six million copies. Meader became a popular enter- tainer at nightclubs throughout the country. Then Kennedy went to Dallas. Now, almost 14 years after the assassination of the man he mim- icked, Vaughn Meader is living in Hollywood and developing an im- pression of another president, Jim- my Carter. Following the assassination, sales of the First Family album were halted and much of the punch also was removed from Meader's night- club act. Kennedy's death also af- fected Meader's personal life. "I seemed to be like a living re- minder of a tragedy. It was a problem on stage," Meader said recently. "I don't think I was as personally involved with Kennedy in my own mind as other people seemed to have me in theirs. It started to affect me emotionally." Meader dropped out of the show biz circuit in 1968. He says he went on the road for about three years, living in a log cabin in Maine, with the flower children in San Francisco and then briefly with the Yippies in New York. In 1971, Meader cut another com- edy album that failed to sell well, and he went to Louisville where he started a band and played coun- try music. Now 41, Meader has lived in Hol- lywood for about three years, making his living as a songwriter and by playing the piano at various recording sessions. Although Meader is developing an impression of Carter, he says he is not eager to join an already - crowded field of Carter mimics. "I'm not going crazy waiting," he said. Indonesia won't fuel earthquake relief plane Associated Press Djakarta, Indonesia The Indonesian government oil company has refused to fuel a plane carrying relief supplies to in the lesser Hoax hasn't hurt `Naked Came the Stranger' New York Times Service Before pornography became ram- pant in the country, a raw sex novel called "Naked Came the Stranger" went on sale in July 1970 and became a best-seller al- most overnight. Ostensibly the au- thor was Penelope Ashe, described by the novel's publisher, Lyle Stu- art, Inc., as a demure Long Island housewife who had outdone an- other demure sex writer, Jacque- line Susann. Actually, the book was written in a weekend by 25 editors and re- porters of Newsday to demon- strate that a trashy novel not only could be cranked out in a hurry but would also sell fast. The co- authors then got Billie Young, a sister-in-law of one of the writers, to front for them as Penelope Ashe. Only after "Naked Came the Stranger" went on sale was the hoax disclosed. The book is still selling. White the Stuart hardcover ver- sion went out of print a couple of years ago (90,000 copies sold), the Dell paperback has sold 1.57 mil- lion copies and continues to be available. A movie based on the novel was a flop. As for Penelope Ashe—Billie Young, that is —she now is presi- dent of her own publishing com- pany, Ashley Books Inc., in Port Washington, Long Island. ip•=•=•_•_•_•_•_•_•=•=•n i II i • • • II 111 • • II • UPHOLSTERY FURN. REFINISHING & REPAIRING RESIDENTIAL d OFFICE Since 1904 Materials 30% off Completely Guaranteed CLIFFORD SAMPSON CO. 4907 EXCELSIOR BLVD. 927-5491 II i II i • • • II II • • 11 • 14=•=•_•_•_•_•_•_•_•_•=si! OVER 35 TEACHERS Our 30th Year • Ballet or Tap Dancing: Tots -teens -adults • Dramatics: Play acting, reading, etc. • Piano, Voice, Organ, Guitar, Banjo, Accordion, All band & string instr. Sivanich Music & Dance 93E4034 (akeville .a.lanners agenda LAKEVILLE -- Lakeville (Planning Commission will meet • at 7 p.m. Thursday, Nov. 21, in Airlake Council Chambers to discuss the following business: 1. Call to order 2. Roll call 3. Approve minutes of Nov. 7 meeting 4. Continued public hearing to consider the application of M. G. Astleford for a preliminary and final plat of Adkins Addition, also review and approval of a site plan for lot 3, east of the intersection of County Road 70 and Kenrick Avenue, on the north side of County Road 70 5. Continued public hearing to consider the application of A.D.T. Lab Industries Inc. and SCS Enterprises for a planned unit development conditional use per- mit for two principal uses on a single parcel of land at 20600 Kenrick Ave. 6. Public hearing to consider the application of Cornelius C. Streefland for Streefland First Addition, a single family subdivi- sion of three lots on 164th Street, approximately 1/4 mile east of County Road 5 7. Any other business 8. Adjourn • r - r r e • - DAKOTA COUNTY TRIBUNE �1C 4. r'^+ 7-1)0(i5 • r r - r r r r r r r r r r•-• r p-'. r. r- I-35E links county to Twin Cities THIS ANTIQUE Chrysler, circa 1940s, was one of many vintage cars that lead a parade down the newly - completed freeway. The cars were owned by Eagan EAGAN RESIDENT Brett Meier speaks to the au- dience. The Rosemount High School senior designed the logo used for Eagan's 125th birthday celebration. Photos by Christy DeJoy residents, local business people and members of the Minnesota Street Rod Association. MAYOR BEA Blomquist unveils a plaque made from a section of the Lone Oak Tree donated by District 9 of the Minnesota Department of Transportation. The plaque is on display in the lobby of the Eagan Municipal Center. AREA RESIDENTS came to the opening of Interstate 35E by car, by sled and on foot. The event was held Saturday, Nov. 16 in conjunction with the city's 125th bir- thday celebration. ONLOOKERS BRAVED the cold, but were shielded from the snow and wind under Yankee Doodle Road on Interstate 35E, where the ribbon cutting ceremony was held. The celebration featured a variety of speakers and entertainment from local high school bands. Advisory Planning Commission EAGAN -- The following is the agenda for the 7 p.m. Tuesday, Nov. 26 Eagan Advisory Planning Commission meeting at Eagan Municipal Center, 3830 Pilot Knob Rd.: Roll call and Pledge of Allegiance Adopt agenda and approve minutes Old business 1. Preliminary plat for Norwest Third Ad- dition consisting of a 25,000-square-foot of- fice/retail shopping center located on 2.5 acres at Yankee Doodle and Pilot Knob roads 2. Conditional use permit for Naegele Out- door Advertising Co. for a sign located on the Osman Temple property near Highway 13 and Interstate 494 New business 1. Preliminary plat of Eagandale Office Park Third Addition for Northwestern Mutual Life Insurance at Corporate Center Drive and Trapp Road 2. Preliminary plat for Yorkton Industrial Park South consisting of an office/ware- house on 2.2 acres at Highway 63 and Becker Road 3. Waiver of plat for Lone Star Industries on eight acres at Eagandale Industrial Park at Yankee Doodle Road and Mike Collins Drive 4. Conditional use permit for Hardee's Restaurant for a drive -through restaurant on 1.5 acres at First Minnehaha Addition at Duckwood Drive and Pilot Knob Road 5. Conditional use permit for Wintz Truck- ing for outside storage of vehicles on land east of Lexington Avenue, south of the rail- road and north of E-Z Airport Park 6. Conditional use permit for Lu-Vang for a limited meat processing operation on 10 acres in Wescott Garden 7. Conditional use permit for Magnum Towing for outside storage in Halley's First Addition located east of Dodd Road and west of Biscayne Avenue Adjournment AGE 9A SEN. DAVE Durenberger addresses crowds at the ceremony. Rent -a -Santa reservations being taken The Newcomers' Club llth an- nual Rent -a -Santa program will be Dec. 9-22 this year. The pro- gram is provided for Apple Valley residents who want Santa Claus to come into their homes to make a surprise visit to the child- ren. The cost is $6 per family. Santa will also visit day-care centers, Christmas parties and all larger groups. • For reservations or more infor- mation call Mickey at 432-6675. SOS anniversary dance is Nov. 22 APPLE VALLEY -- Singles Organized South will hold its eighth anniversary dance Fri- day, Nov. 22, at 8:30 p.m. at the Apple Valley Legion Club, 14521 Granada Dr. All single adults are welcome. The cost is $5 per person. For in- formation call Bob at 447-8570 or the Legion at 431-1776. Applicants sought for county committee openings Dakota County has vacancies on the following groups, with ap- pointments to be made by the county bpard at the expiration of the present terms: Extension Committee -- Two citizens to be appointed at large to three-year terms, effective Jan. 1. Housing and Redevelopment Authority {BRA ) -- One five-year terns in commissioner district 4, effective Nov. 10, 1986. Human Services Advisory Committee -- 20 members, four from each commissioner district, appointed Dec. 21 to five-year terms. Job Training Program (Pri- vate Industry Council) -- Eight current vacancies and six midyear vacancies for two-year terms. Members chosen from the private sector and special in- terest groups. Library Board -- Two three- year terms for citizens in com- missioner districts 1 and 3, effec- tive Jan. 1. Planning Advisory Commis- sion -- 10 citizen members, two from each commissioner district, appointed to one-year terms ef- fective Jan. 1. Sheriff's Civil Service Commis- sion -- One three-year term for citizen at large, effective Feb. 8. Shoreland Zoning Board of Ad- justment -- Three members and one alternate appointed at large for one year effective Jan. 1. Incumbents qualified for another term need not reapply, but should notify their commis- sioners if they want to be con- sidered for reappointment. Prior, - applicants need not submit new applications, but should call the county administration office to indicate their interest. To apply call 437-0418. Winter parking, plowing rules are `snow' joke APPLE VALLEY -- The recent snow forecasts are signaling the need for reminders about Apple Valley's parking restrictions and other snow -related city codes. Apple Valley Police Chief Lloyd Rivers reminds residents that vehicles are not permitted to be parked on any street in the city between 3 a.m. and 6 a.m. at any time during the year. An excep- tion exists when the driveway of a residence has been used to park the maximum number of vehicles. However, the exception does not apply when snowplowing or snow removal operations are in progress. When snowplowing or snow removal takes place, no vehicles are permitted to be parked on any street. This parking restric- tion is in addition to the year- round 3 a.m. to 6 a.m. no -parking provision. After a snowfall, do not park on the street until it is ob- vious that the street has been completely plowed back to the gutter line or edge. The city's ob- jective of providing prompt snowplowing at a reasonable cost is hindered when the plow equip- ment must maneuver around parked cars or return later to plow where the cars had been parked, according to Rivers. The city code also provides for sidewalks to be shoveled within 48 hours after a snowfall. Every resident or owner of property having a concrete sidewalk bet- ween his property and the street is required to remove snow and ice from that sidewalk within 48 hours after its accumulation. City crews do plow certain sidewalks, however these are only the sidewalks which are determined to be major walking routes to schools. Owners of vacant pro- perty or residents who are away for vacations should make ar- rangements in advance to have ,the sidewalk shoveled. 1 t PAGE 10A POLICE REPORTS (continued from p. IA) A 1980 Pontiac driven by San- dra K. Pietz, Rosemount, sustain- ed $1,000 damage when it struck and killed a deer about 8:15 p.m. Nov. 16. The accident occurred as the Pietz vehicle was southbound on County Road 31 just north of 195th Street. MEDICALS Lee Orr, 2185 222nd St., was transported by ambulance to Sanford Memorial Hospital Nov. 14 when he became ill. Ramona Johnson, 614 Centen- nial Dr., was transported by am- bulance to Fairview Ridges Hos- pital about 8:45 a.m. Nov. 13 when she became ill. THEFTS Jan Hopp, 621 Main St., report- ed Nov. 12 the theft of a go-cart frame sometime during the past few months. Value was not listed. It was reported Nov. 12 that $150 was taken from Lakeville High School hockey players' pro- perty in a locker room at Farm- ington Civic Arena. Michael C. Mohlis, 110 Elm St., reported Nov. 13 the theft of a shotgun and miscellaneous items from a pickup truck. Value was $113. Mike Swanson of Town's Edge Car Care Center reported Nov. 13 that a snowplow was taken from the lot there. William M. Ambers, 1321 Centennial Dr., reported Nov. 15 the theft of items worth $145 from a camper parked in front of his home. Linn Sheppard, 520 Eighth St., reported Nov. 17 the theft of seven prints from the former Homesteader restaurant. Value was $1,000. It was reported Nov. 15 that $458 was taken from a desk at the Bobber Cafe during the previous night. VANDALISM Kirk Switzer, 2966 225th St. W., reported Nov. 13 that someone kicked in the driver's side of his car. Damage was $200. It was reported Nov. 15 that a glass door on the west side of Far- mington Middle School had a hole kicked in it. Damage was not listed. It was reported Nov. 15 that a large rock had been thrown through a double -pane window at the Dairy Queen the previous night. Damage was not listed. Harbee Tharaldson, 712 Fourth St., reported Nov. 16 that the dash of a van was kicked in while the vehicle was parked at Farming- ton High School. Damage was $100. MISCELLANEOUS Police answered 73 calls in the past week, including two DWIs. DAKOTA COUNTY TRIBUNE Man charged in abuse case sent to St. Peter Warden takes bit BURNSVILLE — A Burnsville man charged in the beating of his infant stepdaughter has been transferred fo the Minnesota Security Hospital in St. Peter. 1 Bradley Leonard, 22, was being held in Dakota County Jail. He appeared in court a second time Nov. 4, when he was sent to the hospital for a mental examina- tion to determine whether he is competent to stand trial, accor- ding to Rick Enga of the Dakota County Attorney's office. The hospital will notify the at- torney's office when the ex- amination is completed, Enga said, which must be within 60 days. Leonard was charged Oct. 25 with two counts of assault in the first degree in Dakota County. According to the complaint, he admitted to striking his step- daughter 20 to 25 times over three months, from the time she was 2 months old to 5 months old, because she was coming between him and his wife. After the last incident, which allegedly occurred Oct. 23, the girl was taken to Fairview Ridges Hospital where a doctor's examination revealed numerous fractures, some newly inflicted and some that were healing. Pair charged in armed robberies of stations BURNSVILLE -- Two men have been arrested in the armed robberies of two Standard Oil sta- tions Nov. 8. George Brian Leck, 20, and Michael James Reichter, 20, were charged Nov. 14 with one count each of aggravated rob- bery in connection with incidents at Crosstown Standard in Burns- ville and Youngstedt's Standard in Hopkins. They are being held in Henne- pin County Jail on $15,000 bail. The attendant at Crosstown Standard told police a man later identified as Reichter entered the station about 2:55 a.m., pointed a gun at him and ordered him to put money in a bag. He was then told to lie on the floor and stay there for five minutes or he would be shot. At about 4 a.m., Youngstedt's Standard reported an armed rob- bery. Rick Devork, a Minnetonka police officer, was driving home after his shift in a marked squad and heard the call on the radio. He stopped the car, driven by Leck, and was given permission to search it. In the trunk he found a bag with cash, checks made out to the stations and a loaded revolver. If convicted, the pair face a jail sentence of three to 20 years and/or a $35,000 fine. Joachim indicted in fatal accident BURNSVILLE -- A Prior Lake man was indicted Nov. 12 on 10 charges in connection with an ac- cident that killed two Eagan residents in Burnsville. Raymond Joachim, 37, has been charged with six different felony counts of criminal opera- tion of a vehicle, three misde- meanor counts of driving under the influence of alcohol and one misdemeanor count of careless driving, according to Rick Enga of the Dakota County Attorney's office. A grand jury heard evidence Nov. 7 and 8. Its indictment, reached Nov. 8, was sealed until Joachim appeared in Dakota County District Court Tuesday. His next appearance has been set for Monday, Jan. 20. Joachim was allegedly driving a van that struck and killed Bar - Don't be a heartbreaker t American Heart Association WE'RE FIGHTING FOR YOUR LIFE bara Englehart, 32, and Curtis Langdon, 43, while they were ap- parently trying to start Langdon's car on southbound I-35E near County Road 11. Both were pronounced dead at the scene. Joachim was given a blood - alcohol test at the scene. Accor- ding to a Minnesota Highway Patrol spokesman, it was .11, slightly over the .10 mark needed for a drunken driving arrest. Joachim is assistant director for majority research in the Min- nesota Senate. He also heads the Scott County DFL Party and formerly served as media direc- tor of the Minnesota DFL Party. If convicted, he faces up to five years and a $10,000 fine on each felony count and a 90-day sentence and $700 fine on each misdemeanor count. Help... it's just a phone call away 340-7431 United Ways FIRST CALL FOIVHELP 24-hours a day... Working for you NO FEE JOB SERVICE GOONESOE dal. WE OFFER *lob Counseling *Resume Writing 4,111111F *Aptitude Testing Openings available in: * Management * Professional * Clerical * Industrial New Listings Daily EAGAN - 3460 Washington Dr. - 297-2626 Yankee Doodle and Pilot Knob Rood CALL FOR APPOINTMENT * Technical * Sales HASTINGS - 437-2032 SO. ST. PAUL - 296-6008 203 E. Third St. 633 South Concord PRE HOLIDAY SPECIAL Join "TAKE CHARGE" at only VOO'session. 7 "TAKE CHARGE" lets you lose weight without starving, as you MAINTAIN your weight loss goal. • 435-1877 Me Burnsville If you could lose it without our help, you a4ready would have. Offer expires 12/ 1 /85 •Private Counseling •No Fad Diet •No Expensive Meals • Lose 12-25# in a month •Look Better, Feel Better •First Consultation Free Service FARMINGTON -- Marine Pvt. Kevin Graham, son of Ivan Graham and Bev Kubik, has been meritoriously promoted to his present rank upon graduation from recruit training at Marine Corps Recruit Depot, San Diego. Ile is a 1985 graduate of Farm- ington High School. LOOSE DOGS found by animal warden Karl Hollenbeck are picked up and brought to the pound at Cedar View Animal Hospital in Apple Valley. The ma- jority of dogs are picked up within a day or so, Hollenbeck said. District 191 tac Teacher contract is still unsettled By GARY KUBAT BURNSVILLE -- District 191 and the Burnsville Education Association (BEA), representing the district's teachers, jointly re- quested mediation services Oct. 30 in their negotiations on a new two-year contract. The district and union have met 10 times over six months on a con- tract for 1985-86 and 1986-87. Another meeting is scheduled for Nov. 12. At the top of the list of unresolv- ed issues is money. Health insur- ance, severance pay, hours of service, elementary preparation time, seniority during leaves of absence and personal leaves are also being debated. Teachers, frustrated by the lack of progress, appeared before the board of education Nov. 7. "We are attempting to open lines of communication that have been blocked too long," said BEA President Terry Ische, a teacher at Metcalf Junior High. "We are being forced away from our mission," he read from a prepared, three -page state- ment. "Right now our attentions are increasingly being drawn away from our kids as we pre- pare for an escalating negotia- tions arena." Ische challenged the board to abandon its "slip into the pack" attitude toward settling and to be a salary leader. "Are we to bring down our goals and expectations to match the message you are sending by your wait -and -see position? The message is that we are average," he said. "The teachers are not waiting. We are going ahead every day with our everyday activities and our '84 salaries." District 191 Personnel Director Bernard Kaye, speaking for the board, said, "We are working hard and the teachers' team is working hard to achieve a reasonable settlement." He later said mediation should help speed up negotiations. As a district without a contract, District 191 is certainly not in the minority. As of Nov. 7, only 83 of the state's 433 school districts have settled or have tentative agreements, according to the Minnesota Education Associa- tion, parent organization to the BEA. Neighboring School Dist- ricts 194 and 196 do not have agreements. The last contract was approved by the board Nov. 17, 1983 and provided a 16.28 percent increase over the two years. CC )1 'q KS WE'RE TALKING TURKEY! ' Thanksgiving Buffet Extravaganza Carved Roast Turkey Giblet Gravy Iiomemade Savory Dressing Sweet Potatoes with Marshmallow Topping Roast Goose Baked Ham with Fruit Sauce Pork Chops with Country Gravy Roasted Tenderloin with Pepper Sauce Seafood Newburg Orange Roughy Almondine Bnissell Sprouts Peas & Mushrooms with Pearl Onions Smoked Whitefish Fresh Fruits: Strawberries, Honeydew, Canteloupe, Pineapple Cranberry Sauce Glorified Rice Corbin's Pasta Salad Marinated Vegetables Whipped Jello Chiffon Marshmallow Crescent Puffs Fresh Zucchini, Banana, & Pumpkin Breads Dinner Rolls Assorted Donuts Cinnamon Rolls Breadsticks Pumpkin Pie Pecan Pie Apple Pie Iiomemade Cheesecake Blueberry Crepes Cream Puffs Homemade Chocolate & Banana Mousse Apple & Cherry Tarts Christmas Cookies Adults $9.95 Children (12 and under) $4.95 Hours: 11:00 a.m. to 4:00 p.m. BUFFET SERVED IN THE CLAIBORNE BALLROOM CO 13INt'S Restaurant (Located in the New Holiday Inn in Beautiful Downtown Burnsville) 14201 Nicollet Ave. So. Burnsville, MN 55337 435-3033 Reservations Required By L AP eat-d than ward and ,off th Fo Holle patr look barki jured "It Holle .he city s were usual beck. Co num Holle crea know in th and 1 Th ble Holl to k city. cont vice Lak nea Far A Llo tim beg. 4 $1. wil 19 the do sc No be ac as b pr ci an un lis pa gr r I st 11 sh bu th in si w ti It's been one of those days. want is a nice, hot shower to me troubles...SURPRISE...the only thi to melt is your self-control! The la need right now, is a costly repair For only $5 a month, People! Appliance Protection offers you appliance repairs, including parts Your Gas central home heating sy electric water heater, Gas or elec Gas or electric clothes dryer, are by the plan. When you sign up for the $5 ', charge will be added to your ga 1 Traffic signal OK'd at Highway 149, Lone Oak In response to a petition submitted by the United States Postal Service (USPS), the Eagan City Council approved the in- stallation of a traffic signal at the inter- section of Highway 149 and Lone Oak Road. The area is a major roadway that pro- vides a connection to Highway 55 and In- terstate 494. Access also is provided to an office park that includes Northwest Air- lines, Cray Research, several office build- ings and the proposed new Post Office In- formation and Accounting Service Cen- ter. The $225,580 project is being paid for by the USPSkdI 4 /99730Cuy j. /14 Wescott -Lexington intersection won't have traffic signal ... for now �o it �S / S � r«7 By B ENDA HAUGEN Concerns raised by neighbors have put off the signalization of the Wescott Road -Lexington Avenue intersection, but ac- cording to members of the Ea- gan City Council, they're only putting off the inevitable. A proposal to signalize the intersection, which included widening Wescott Road to ac- commodate left -turn lanes, as well as overlaying Wescott Road from Denmark to 850 feet east of Lexington was be- fore the council Aug. 6. While the project was denied unani- mously by the council, it did approve resurfacing Wescott from Denmark to Westbury Drive. According to the staff report, the signalization of Wescott Road at Lexington Avenue was (See Signal, p.3A) Page) ;an capital m (CIP) in n in 1992. rescheduled sates in the )unty's CIP being pro - according 1995, the intersection having the ty needs for Iota County )lumes and s. In 1995, iw 7 acci- t were sus- )n with sig- ng to the report. in the area ►1 accidents -it and more :placed the stop at the to O'Brien, :ertain liber- signal they stop sign. ;et from the 3rien said m. :ed, saying ight, people through the to 50 miles of mainly lccidents at the intersection, the city will be dealing with personal -injury; accidents at those speeds, he said. Also of concern was the safety of drivers turning into and out of driveways and resi- dential streets near the inter- section. With the stop signs, drivers can be more assured of the speed of oncoming traffic, neighbors added. "The big item I think is the speed," said Irven Dahl. Accidents were a bigger problem, according to resident Margaret Tilley, when Wescott Road had stop signs and Lex- ington Avenue didn't. Tilley said she'd like to see how the placement of stop signs at Lex- ington Avenue factored into the traffic accident counts. "That made a big differ- ence," she said. As for traffic counts, the only congestion at the intersection is during the peak traffic hours in the morning and afternoon, O'Brien said. He added that congestion only is found one one leg of the intersection at a: time — on Lexington going north in the morning, and on Lexington going south in the late afternoon. Council Member Ted Wachter said he's driven the intersection at various times during the day, including around 5 p.m. He said it took him 30 seconds to get through the intersection. "What's bad about that?" he asked. Signalization of this intersec- tion ,S Alm.: my .a rre years premature right now, Wachter said. "It's coming," he said. "It's not here yet." Mayor Tom Egan agreed. He added that he also has con- cems with signalized intersec- &Ms,_ because hr. saes people running red and yellow lights "all the time." Movies set at Eagan park Wild animals outdoors on the big screen will be shown around 8:45 p.m. Aug. 15 at Trapp Farm Park, 841 Wilder- ness Run Road in Eagan. Bring your blanket, lawn chair, popcorn and bug spray to watch nature in nature. There is no charge. Cnnvuncing ... Cosrneloiog.si & Nall Technician Scholarships During the month of August, Cole's Salon For You will be ^ePntng applications for & s1000 h�iarships .� , • rnr- - ' -- zdagan's $6 million road contract awarded to Enebak as By LEA GUENTHER The contract for a nearly $6 million county road improvement project in Eagan was awarded Tuesday, April 26 to Enebak Con- struction Co. of Northfield. The project, one of the largest ever undertaken in Dakota Coun- ty, will include widening, grading and utility ►work, along with resurfacing. Dave Everds, coun- ty engineer, said it will involve an approximately 21/z-mile stretch of Pilot Knob Road, 11 miles of Cliff Road and about three- quarters of a mile of Diffley Road. The bid came in well under the county's estimate of $7.3 million, said Gary Erickson, physical development director. Enebak's bid totaled $5,875,874. Everds said construction is ex- pected to begin about May 9 and continue for 140 working days, which would set completion into 1989. However, the county is of- fering a bonus of $20,000 to the contractor if work can be com- pleted by the end of October. The incentive was offered, Everds said, to bring the project to completion as quickly as possi- ble in order to minimize inconve- nience and traffic safety hazards. The bonus deadline will not be ex- tended to allow for inclement weather, labor problems or supp- ly delays. When the board of commis- sioners awarded the contract April 26, an Eagan resident ex- pressed displeasure with the pro- ject. Doris Wilkins said the plan will devaluate her property at 4225 Pilot Knob Rd. because no median break has been provided for left turns. She said original plans reveal- ed to residents in December in- cluded a single turn lane at the corner of Pilot Knob and Diffley that would have permitted a me- dian break. A design change in February "revamped" the whole corner, she said. Everds told the board that the city of Eagan had asked the coun- ty to consider a median break for Wilkins' property, although coun- ty staff opposed the break with either single or double lanes. Wilkins said a real estate agent had appraised her property last month and placed its present value at $106,000. However, if Pilot Knob Rd. is reconstructed without a median cut, the agent said the property value would go down to between $85,000 and $89,000. She asked commissioners to consider a change order for the contract or compensating her for the devaluation of her property. She has lived there for 23 years, she said. Commissioner John Voss said Wilkins had asked him to review the project, but he thought the proposed design is the safest. He added that he did not want Wilkins' situation to "over- shadow the good news." He praised the engineering and physical development staffs for working long hours, including weekends, to prepare a plan to complete the project in less than a year. In addition, the county will save money because the win- ning bid was lower than ex- pected. He suggested that the other four commissioners study Wilkins' request at the next physical development committee meeting May 17. They agreed to do so. 1. ,fit ICL: 5 60y - / ti - Headaches inevitable as Y A favorite joke of our neighbors to the south of us goes something like this: Minnesota has two sea- sons — winter and road construc- tion. Unfortunately, there's a glim- mer of truth to it. As dirty piles of snow give way to fresh air and new life, potholes in the streets seem to emerge from nowhere and cracked concrete shows the need for road repair. And so, once again, the public works departments of cities all over the county map work over- time taking bids for road projects and completing project plans. And, once again, residents of those cities will listen to the sounds of jackhammers, com- plain of noise and dust, impa- tiently follow detour signs and wonder how long it all will last. EAGAN Widening roads to accom- modate traffic is the reason for the major projects in Eagan. Af- fected are County Roads 31 (Pilot Knob Road); County Road 30 (Diffley Road) ; and County Road 32 (Cliff Road); Persons using GET) t-{ K146, 4'`15 these roads can expect delays and detours, but when and where have yet to be determined. The projects are joint concerns between Eagan and Dakota County. Bids will open Thursday, April 21, according to Peter Sorenson, county traffic engineer. Work could then begin in early May. Other Eagan projects will be to complete Johnny Cake Ridge Road to Diffley Road, finish Nor- thview Park Road and perhaps carve out Cliff Lake Drive by the Cliff Lake Centre site. The public hearing for the last project will be Tuesday, April 19. Pilot Knob will be expanded to a five -lane urban street from In- terstate 35E to Rebecca Lane. The road currently carries bet- ween 9,000 and 13,000 vehicles a day, but that is expected to in- crease by the year 2005 to a total of 13,000 to 25,000 vehicles- a day. During construction, it is ex- pected that southerly traffic will be routed from Yankee Doodle Road onto I-35E to Cliff Road and then on Johnny Cake Ridge Road to 140th Street in Apple Valley. construction begins Cliff and Diffley roads will take turns absorbing traffic when the other is under construction. Ac- cess to businesses and traffic will be provided to all residences and businesses at all times, according to county and city information. Diffley Road will be expanded to a four -lane street from Heine Strasse Lane to Blueberry Lane. Cliff Road will also be a four -lane divided urban street. The work will be done from Johnny Cake Ridge Road to Ches Mar Drive. Residents and businesses that will be assessed were given notice in 1986 and the public hear- ing was held in December of that year, according to Mike Foertsch, Eagan's assistant city engineer. Acquiring easements and rights -of -way has taken a long time, Sorenson said. Condemna- tion proceedings were also car- ried out for some properties along the roads. Getting the legal process cleared and completing state reviews for funding make it possible to finally bid the project, according to Sorenson. Work on completing the other roads should not affect traffic patterns. Bidding has to be com- pleted on those projects also, Foertsch said. It is hoped that all these pro- jects can be completed before this winter. THE LONE OAK really stands and as in by -gone years, is an official bulletin board for Eagan township. Out posting a notice to residents is John Klein, town board chairman. ................. ..................... ..................... ..................... ..................... ..................... Thursday Morning, November 21, 1985 Tru COUNTY DAKOTA ONE -HUNDREDTH YEAR SINGLE COPY 50 Short cut EAGAN MAYOR Bea Blomquist and Sen. Dave Duren- berger share ribbon -cutting responsibilities Saturday, Nov. 16 at the ceremony to open Interstate 35E. The Photo by Christy DeJoy interstate opened from Lone Oak Road south to Cedar Avenue. Travelers can get on I-35E at I-35W in Burns- ville and drive into St. Paul. More photos inside. .st for peace Community education Bouza's demonstrating days began rather timidly. "When I - saw a member of the police t department I would hide behind my little sign and hope they Wouldn't recognize me," she said. However, one day Bouza decid- ed to cross the line separating the people who could and could not be arrested at Honeywell. "I didn't hink it was a big deal," Bouza aid. But once the press recog- ized her as the police chief's 'fe, "it made their day," she id. At Bouza's first court date the ige presented her with an ulti- itum: serve her probation itence without demonstrating ain and she would not go to jail, demonstrate again and go to I was terrified of going to l," Bouza said. But when more monstrations were planned, was encouraged to attend be - use of the press coverage that lowed her and the nuclear eze issue. ['he night before the next monstration she decided that would cross the line again d be arrested. Bouza was itenced to 10 days in the work - use. Before she went to jail, wever, she was constantly sur- anded by members of the press the local and national level. t wasn't that I was so impor- Bouza said, "it's just that ves of police chiefs don't nor - illy go to jail." By the time uza got to jail, she said she was relieved to get away from the re- P porters. worthwhile lessons Going to jail was a rather humbling experience, Bouza said. She was strip -searched and deprived of all her personal possessions. They even took away her dental floss, which sur- prised her, because she said she had never heard of anyone hang- ing himself with dental floss. Bouza said she learned how to play cards from some of the pro- stitutes, jogged in place and did a lot of thinking while living in her small cell. Thoughts of prisoners of war who spent years alone, not where every group seems to proclaim another threat to knowing what day it was, helped lour physical, emotional or spiritual health. her through her sentence. "It Community education isn't flashy. It goes about its business behind the scenes much of the time, and the public reaps the benefits. So your kids enjoy Saturday morning basketball? Thank community ed. You have homemade heirlooms hanging on your Christmas tree from a class last winter? Thank community ed. You and your children are growing together in an early childhood program? Thank community ed. You like aerobics with a real teacher and friends instead of a videotape alone at home? Thank community ed. Your budget's looking better after a few sessions on financial planning? Thank community ed. But while you're saying your thank-you's, remember that important word "community". Although the school districts take the lead in community education, they couldn't do it without the help of so many local • agencies and groups : hospitals, the county extension, local recreation departments, senior centers. Community education helps keep school districts in , touch with their public and out of ivory towers. Thee original legislative intent was to provide maximum use of school buildings, but the role of community educa- tion has grown to meet the increasing demand for cradle -to -grave education. Learning goes on in all sorts of places besides schools, beyond the school day, and long after graduation. And lots of people and organiza- tions have something to teach who don't necessarily have those state certificates. All of which is not to denigrate the vital role of in school education. In fact, many of our teachers spend' APPLE VALLEY -- The Minne- most unusual bear; and 2:30 p.m. time beyond their normal workdays teaching commun- !a Zoo is "bearing" up for its with the best owner/bear look- ity education courses. And custodians and secretaries firth annual Teddy Bear Fair alike competition. provide all-important services without which com- made me stronger," Bouza said about her time served. Bouza said that once she was released she decided that she never wanted to be arrested again. However, she was soon out demonstrating again. She has been arrested since her sentence, but was able to do community service rather than time. Now Bouza is making plans to fight for the peace movement by traveling to Honduras, El Salva- dor and Nicaragua. "If I don't come back my jewelry will be worth a lot more," she said with a laugh. No matter if Bouza is fighting for what she believes in while in Minneapolis or halfway around the world, she said that if a nuclear bomb goes off someday and she is all alone and scared, "I'm still going to say I should have done much, much more." boo `bears' up for eddy Bear Fair rograms teach It wasn't quite the media event that Minnesota D-Day is, so National Community Education Day pass- ed with little comment Tuesday, Nov. 19. That's not to say it isn't worthy -- very worthy -- of note. The American Heart Association, American Cancer Society, and National Community Education Associa- tion co -sponsored the special day here, with the cooperation of community education departments in local school districts. "Building Healthy Communi- ties" was the theme, and a refreshing one in an age of the River 35E winding through Eagan's hills and valleys. e Openi of an terstate ,t-_,-e4ti-v-r. Apple Valley High School Band (i played brightly, as did the bands from sville and Rosemount. Paul Hauge, Eagan's city attorney, hosted the ribbo ting ceremonies Nov. 16. One of the highlights of the festivities the unveiling of a cross-section of the Oak Tree (below) by Eagan Mayor Bea E quist. The tree served as a communic point for Eagan's residents 125 years when Eagan only had dirt made inual Festival of Ind Praise will be sday, Nov. 27, at ,utheran Church, 1, Eagan. Ministerium will --vice and a mass ion gregation formed i of the Boston Though still a small Society, she u-istian Science said, plans are to expand the )le Valley, has membership of the Society. I. Congregation Readers are Rose Quick of bought three Burnsville and Heidi Hammond at 14515 Glazier of Eagan. ley. Services are 10 a.m. Sundays nan, member of and 7:30 p.m. Wednesdays for 1 the new church lKitzman at Daly, 890-3602, ause of theeneed 423-3588 or Sara >uth of the river. for more information. 31 Thanksgiving scheduled choir composed of members of choirs from Eagan area chur- ches will perform. A special of- fering for the Food Shelf pro- gram at Community Action Council is planned. ASSUMABLE MTG PLUS CD 1, immaculate spacious 2 BR townhome, spacious ?droom w/walk-in closet, large storage area, 2 car mvenient location. $71,500. 1811 Knox 4 Drive. VIRGINIA NORD 4-6901 r Fazendin Realtors - Wayzata essional Services Directory -;countants • Architects • Attorneys • Veterinarians • Business Consultants DAN JENSEN LAWYER — GENERAL PRACTICE INCLUDING Divorce (Uncontested) $135 DWI (Through Pretrial) $210 Bankruptcy Wills, Criminal & Real Estate 888-9304 Latter-day Saints dedicate church building Members of the Church of Jesus Christ of Latter-day Saints recently dedicated their church building. Speakers included Donald Rit- chie, bishop of the Burnsville First Ward (congregation), Bishop Kayland Call of the Burnsville Second Ward and church members Sara Carson, Burnsville resident for 21 years, and Clifford Wilcox, who has liv- ed south of the river since 1955. The building was completed in November 1984 at a cost of more than $1 million. The church's policy is to have all contractual obligations connected with the construction fully satisfied before a church is dedicated. The new chapel will serve members living in Burnsville, Eagan, Apple Valley, Farm- ington, Savage, Prior Lake, Shakopee and Jordan. Burnsville Baptists send 1 resident to work with hu Berean Baptist Church in Burnsville and other individuals and groups are supporting Larry Squires, a Bloomington resident, in his two-year tour as an Inter- national Hunger Corps volunteer. When he finishes training, he will be assigned to work out of the agency's international of- fices in Geneva, Switzerland. He will be rotated to many of the 12 Three churches to worship tog Three churches will worship Church of thE together Thanksgiving Eve, E. County F Nov. 27. Participating churches Worship tim( are Grace Lutheran, Church of The three ( the Risen Savior Catholic parish A portion of and Shepherd of the Valley will go to L Lutheran. The service, an annual event public is we for the last 12 years, will be at Thanksgiving Eve service set al A Thanksgiving Eve service is 27, at Beaut planned at 7 Wednesday, Nov. Church, 415 countries wh( Hungry is pr( He will volunt( technical assi: computer pr( The Hung volunteer Hungry, an i tian relief agency with in Scottsdale, worship directory Do you drive into town for work? DRIVE INTO TOWN FOR WORSHIP FORT ROAD BAPTIST CHURCH A NEW & EXCITING, INDEPENDENT WORK Located at: 1246 West 7th St. (Fort Rd.), in St. Paul A BIBLE BELIEVING, CHRIST EXALTING CHURCH SUNDAY MORNING SERVICE 11:00 AM Robert Mondry, Pastor 292-8536 BLOOMINGTON CHURCH OF GOD 2201 Wat 108th Strut Michaei W. Thompson, Pastor SUNDAYS: Christian Education Morning Worship Evening Worship WEDNESDAYS: Adult Studies Pioneer Clubs 9.30 a.m 10:30 a.m B:00 p.m 884-0594 7:00 p m 7:00pm nw..r.h In A crisis Wo,id MESSIAH LUTHERAN CHURCH Worshipping at Cedar Park Elementary 2 blocks S. of Cty. Rd. 42on Cedar Ave. in AppleValley THANKSGIVING WORSHIP SERVICE 9:00 A.M. THURS., NOV. 28 For regular service info call .lim 011hoff 890-7719 LOC For Chri; SIN Sp SE SC mou an inte chart: 45 11 Offi Assoc. sun. 9:00, 10,30c Call C sCYW . OPINIONS ROADS Letter re: Resolution on Road & Bridge Levy Milwaukee Railroad - Lexington Avenue Crossing Road Improvement Assessments Dedication of roads to Township Establishment of Town Roads Roadr Imprb*emefita .ta-Assessments Road Improvements and Assessments Road in Post's Addition - Number 1 Letter Re - Deerwood Drive proposed cul-de-sac Establishment of town roads by eminent domain Street Lighting in Eagan Township Road Obstructions, e.g. Snow Street Lighting Trees in town road right-of-way McNamara -Vivant Contracting Co. and Austin P. Keller Construction Co. Yankee Doodle Road Minnesota Statutes Annotated 163.11 Special Assessments - Church Property and Public Property Rahn Road Assessment Appeal - Cedar Grove Constr tion Company vs. Eagan Township Private Road Maintenance - Skyline Drive Cliff Road Yankee Doodle Road - Dakota County Street Improvement Cedar Grove Addition - Street Construction Dakota Co. vs Ralph Ostendorf - Cliff Road Condemnation Blackhawk Road Easements Silver Bell Road Easements Haswell Lang Property on Silver Bell Road Blackhawk Road-Hillcrest Dev. Torrens Pro. Donald Ave. - Kenneth Applebaum Apollo Road Crossing Eagandale No. 3 Private Road in Public Use Sub. ** 10/20/59 11/16/59 5/16/60 10/31/60 2/7/61 6/T7`/61 8/10/61 1/15/62 8/27/62 11/30/62 11/2/64 1/7/65 2/23/66 7/1/66 1 o/k/66 10/18/66 10/18/66 uc- 3/31/67 5/13/68 7/31/68 9/19/68 6/5/59 ** 6/16/69 8/25/69 8/22/69 9-5-69 & our rebly 9-29-69 6-15-71 4/4/72 6/1 0/70 9-29-71 r 2340 DAIN TOWER MINNEAPOLIS, MINNESOTA 55402 PHONE: 336-8361 Board of Supervisors Town of Eagan 3795 Pilot Knob Road St. Paul, MN 55122 LAW OFFICES STALLAND & HAUGE LLTHER M. STALLAND PAUL H. HACGE GEORGE H. HOEY September 29, 1971 RE: Private Road in Public Use Gentlemen: 3908 SIBLEY MEMORIAL HIGHWAY EAGAN TOWNSHIP ST. PAUL, MINNESOTA 55111 PHONE: 454-4224 You have requested our opinion relevant to the Town taking over McCarthy Road by virtue of its being used publicly for a period of approximately twenty-five years. We understand that during that period of time the abutting property owners may have contributed some improvements to the roadway, but also that the road has been used by the general public. Minnesota Statutes, Section 160.05 states that when any road or portion thereof shall have been used and kept in repair and worked for at least six years continuously as a public highway, the same is deemed dedicated to the public. This applies to roads and streets except platted streets within cities, villages, and boroughs. Even though there has been compliance with this section, the right of public in and to a road is that of an easement only, and the abutting owner retains the fee title to the center of the road subject to the general public's right of use. (0p. Attorney General 377b-lOj, November 1, 1961.) To establish a road as a public road, it is necessary not only to show that the road was kept in repair and worked in excess of six years, but also that there was a public user of the road. Trebnick v. Gordon, (1961) 259 Minnesota 164, 106 NW2d 622. The public need not keep the road in repair in order to establish common law dedication of that road as a public highway. Bosell v. Rannestad (1948), 226 Minnesota 413, 33 NW2d 40. In summary, it appears only necessary to show that for a period of six continuous years there was some public use of the road. If this condition is satisfied, then the road is a public highway whether or not it has been offi- cially designated as such. Board of Supervisors September 29, 1971 Page Two Assuming, therefore, that the roadway is public, then in such event any improvements made to the road may be assessed against benefited abutting property. Yours very truly, Luther M. Stalland Town Attorney LMS:kfw LAW OFFICES STALLAND 8c HAUGE SUITE R340, DAIN TOWER MINNEAPOLIS, MINNESOTA 55402 LUTHER M. STALLARD PAUL H. HAULM GEOROE H.HOET June 10, 1970 Mr. George X. Connor Rauenhorst Development Corporation 4444 Rauenhorst Circle Minneapolis, Minnesota Dear George: AREA CODE 612 PHONE 336 -8361 Re: Apollo Road Crossing - Eagandale No. 3 You no doubt have a copy ofthe Public Service Commission Order dated May 29, 1970 covering the Apollo Road crossing in Eagandale Center Industrial Park No. 3. This letter is intended to explain the Town's position in respect to a potential appeal. At its regular meeting on June 2nd, our Board of Supervisors adopted a resolution as follows: "Be it RESOLVED that an appall from the Public Service Commission Order dated May 29, 1970 be made in the name of the Township provided however that the Town Attorney prosecute the appeal and that the abutting property owners and developers requesting the crossing reimburse the Town for legal fees and costs incurred in the prosecution of such appeal; and in addition provide any crossing equip- ment inclusing signals, which may be ordered by the Public Service Commission; and further that said owners and developers hold the Town harmless for the installation of any such crossing expense or equipment." As I understand the nature of the order, the Commission is per- mitting the submission of exception which must be filed within twenty days from the date of receipt of the May 29, 1970 Order and of course ten days will have run by the time you have received my letter. I would suggest that if Rauenhorst Corporation and Expressway Properties, Inc. desires such an appeal that you contact our office at the earliest time outlining the proposed grounds for appeal and further providing for compliance with the above resolution. I am sending a copy of this letter to William Soth the attorney for Expressway Properties Inc. requesting that he too let me know the decision of his client. Please call me if you have any questions. Yours very truly, Paul H. Hauge PHH/cic LAW OFFICES STALLAND 1HAUGE SUITE 2340, RAIN TOWER MINNEAPOLIS, MINNESOTA 5 402 LUTUER M. STALLAND PAUL H. HAUOE GEOROE H. HOEY April 4, 1972 Board of Supervisors Town of Eagan Dakota County, Minnesota Re: Donald Avenue - Kenneth Appelbaum Gentlemen: AREA CODE 612 PHONE 336 - 8361 I have reviewed the letter from Minnesota Valley Surveyors regarding the above dated April 3, 1972, wherein the developers on the East line of Donald Avenue propose to grant easements over or along the East line of Donald Avenue to correct the right of way deficiency. The proposal appears to be in order, but I would suggest that the following be accomplished: 1. That the Town prepare the easements according to the standard street easement forms in use by Eagan. 2. That any other property owners, including Tom Giguerre, along the East side be contacted with the objective of acquiring com- parable easements from them. Proper descriptions for their land should also be prepared. 3. That the Town give a separate letter if so agreed upon by the Board guaranteeing that density will not be affected by the grant of the easements. 4. That the developer pay a reasonable fee to the Town for its work in preparing easements, assigning tend recording them. PHH/nr cc: Alyce Bolke Bob Rosene William Rydrych Paul Uselmann Arthur Rahn Y�urs'x truly, Paul H. Hauge MINNESOTA VALLEY SURVEYORS & ENGINEERS CORP. 12000 E-12TH AVENUE SOUTH BURNSVILLE, MINNESOTA 55378 Phone: 890-7750 April 3, 1972 Mr. Paul Hauge Attorney at Law Dain Tower Minneapolis, Minnesota Re: Donald Avenue: right of way between Letendre Addition and Robert Karatz Addition Dear Mr. Hauge, In the process of performing surveys on Lots in Letendre Addition and Letendre Second Addition, we became aware of the following problem: The West right of way line of Donald Avenue as monumented in Letendre Addition and the East line of Donald Avenue as monumented in Robert Karatz Addition converge upon each other. This means that the 60' right of way as shown on the record plats of these additions is not actually 60' as located on the ground. The right of way runs from the full 60' as shown on the plats and as located on the ground at Yankee Doodle Road to 47.6 feet at the South right of way line of Letendre Street. A similiar problem exists North of Letendre Street with the easements that were granted last year to provide a 60' right of way. At the North line of Letendre Street on the extension of Donald Avenue between the existing lines of the 60' easement, the width of the right of way is 47.20 feet, and at the center of the turn -around or culdesac the width would be 44.83 feet. Mr. Ken Appelbaum has requested that we make the following proposal in order to resolve this problem: 1. That an easement for right of way purposes be granted to Eagan Townshit for that portion of Lots 1 through 12, Block 1, Robert Karatz Addition, lying Westerly of the following described line: Beginning at a point on the South line of Lot 12, Block 1, Robert Karatz Addition, distance 0.33 feet East of the Southwest corner thereof; thence Northerly to a point on the North line of Lot 1, Block 1, Robert Karatz Addition, distance 12.40 feet Easterly of the Northwest corner thereof and there terminating. 2. That a new easement for street purposes be granted over those parts of Lots 1 & 2 & 3, Block 2, Robert Karatz Addition lying Westerly of the following described line: Mr. Paul Hauge Page 2. Beginning at a point on the South line of Lot 1, Block 2, Robert Karatz Addition, a distance of 32.80 feet Easterly of the Southwesterly corner thereof; thence Northerly to a point on the North line of Lot 2, Block 2, Robert Karatz Addition, distance 33.97 feet Easterly of the North westerly corner of said Lot 2; and also that part of the South 191 feet of Lot 3, Block 2, Robert Karatz Addition lying Westerly of a Northerly extension of the last described line, along with that part of Lot 3 lying within the cir- cumfurence of a circle having a radius of 60', the center of said circle being the intersection of the last described line and a line 131 feet North measured at right angles to and parallel with the North line of Lot 2, Block 2, Robert Karatz Addition. It is Mr. Appelbaum's intention to grant the above easements of his own free will provided that the granting will in no way affect any pre-existing conditions of single family or multiple dwelling construction, in particular (but not necessarily limited to) the following points: A. That the prior approval for construction of 120 units on Bunker Hill, Phase II, be continued. B. That no restrictions be placed upon the single family lots because of the proposed easement other than the agreeable condition that Mr. Appelbaum will use the easement line rather than the platted right of way line for front setback purposes. C. That the granting of the easement across Block 2, Robert Karatz Addition will not affect the density provisions for future construction in that block, in other words the record plat as on file shall be used for density computations. It is my intention to be in attendance at the Town Board Meeting on April 4, 1972, so as to answer any questions that might arise regarding this situation. Please contact me by telephone if you have any questions prior to the meeting that you would like answered. Mr. Rosene has been briefed on this proposal and is familiar with it if you would like to contact him. Sincerely, M.V.S. & E. Corp. Gordon L. Christenson, R.L.S. GLC/c. OVERSIZED DOCUMENT LAW OFFICES STALLAND & HAUGE 2340 DAIN TOWER MINNEAPOLIS, MINNESOTA 55402 June 15, 1971 Alyce Bolke 3795 Pilot Knob Road Minneapolis, Minnesota Blackhawk Road ,Hillcrest Development Torrens Proceeding Subsequent Dear Alyce: You sent me a petition subsequent to initial registration relating to Certificate of Title 32864 concerning the Hillcrest Development Co. property formerly owned by Theodore Keysen. I am enclosing copy of a letter from Attorney Stuart Radsom indicating that the registration proceeding is simply to correct a defective description. I see no reason why Eagan should enter an answer in the torrens matter. PHHsla Enc. RALPH STACKER MAX A. STACKER FRED SILVERSTEIN THOMAS J. BURKE STUART RADSOM HOWARD G. STACKER KENNETH J. WEIL MORRY N. ROTHSTEIN GEORGE R. OLDS ROBERT J. TANSEY, JR. STEVEN M. RUBIN STACKER, SILVERSTEIN, BURKE & RADSOM ATTORNEYS AT LAW 1220 MINNESOTA BUILDING ST. PAUL, MINNESOTA 55101 June 11, 1971 Mr. Paul H. Hauge Attorney at Law Suite 2340 DainTower Minneapolis, Minnesota, 55402 Re: Hillcrest Development - Egan Township Our File No. S71-0028 Dear Mr. Hauge: TELEPHONE 222-J761 AREA CODE 612 Concerning your inquiry relating the Petitions concerning Blackhawk Road, these are proceedings subsequent to correct objections to title raised by the Title Insurance Company. The original descriptions on the property in questions contained reference to "the center of Town Road" and the purpose of the proceedings at this time is to obtain an Order to include any part of the road as vacated January 21, 1970, which accrued to the subject property owned by Hillcrest Development. Egan Township will not be effected by these proceedings as they are merely mechanical in nature to correct defective descriptions. Yours truly, STACKER, SILVERSTE,W, BURKE & RADSOM uart Radom SR:bk LAW OFFICES STALLAND 8c HAUGE SUITE 2340, DAIN TOWER MINNEAPOLIS, MINNESOTA 55402 LUTHER M. STALLARD PAUL H. HAUGE September 15, 1969 Board of Supervisors Town of Eagan Dakota County, Minnesota AREA CODE 612 PHONE 336 -8361 Re: Haswell Lang Property on Silver Belle Road Gentlemen: As you recall, we entered into an agreement with the Haswell Langs on August 22nd of this year providing that the Town would pay to the Langs for the permanent right of way on the new Silver Belle Road the sum of $1,800 per acre. Bob Rosene has calculated the amount of permanent easement right of way consisting of a 40 foot strip amounts to approximately 2 acres. I would therefore recommend that the sum of $3,600 be forwarded to the Langs at the earliest possible time. Your very truly, Paul H. Haug PHH/cic cc: Mr. and Mrs. Haswell Lang September 29, 1969 Mr. & Mrs. Haswell Lang 3850 Rahn Road St. Paul, Minnesota 55111 Dear I'r. & I rs. Lang: inclosed is our check in the amount of covering permanent r ght of way on the new Silver Thank you for your c:;operation with the t:iis matter. ab o enc. 3,600.00, f,'o. 576, 13e11 Road. Township in Very truly yours, (Nrs.) Alyee Bolke Clerk, Fagan Township 1969 irs. Haswell Lang 3850 Rahn Road St. Paul , inne sota 55111 Dear ;; r. :•rs. Enclosed is our cHe the a-olnt of : , covering permanent r ght of way tlic new Silver Bell Thank you for your coperation with the Townsip tis mtter. ab o enc. Very truly yours, (.rs.) A'yce Bolke Clerk, Fagan Township LAW OFFICES STALLAND & HAUGE SUITE 2340, DAIN TOWER MINNEAPOLIS, MINNESOTA 6640E LUTHER M. STALLARD Paul. H. HAUOE September 4, 1; Mr. Kenneth Hassler 3745 Blackheek Road St. Paul, Minnesota 55111 Re: Blackhawk Road Easements Meer Mr. Ila^tiler s AREA CODE 612 PHONE 336-6361 A public hearing was held by the Eagan ! oard of Supervisors on September 7, 1%9 et 7:30 P.M. concerning the acquisition of slope easements anA the need to rove ehrube, bushes and fence: where aieceseaxy aJcqu the proposed Bleckhawk Road improvement. revernl property re:. rs yore pronent the time. It was explained that the main purpose of the meeting we to request that the property owners grant the slope easements so r.hot it will ctot, ecovbe necessary to leave en abrupt cut or fill et the sdge of the 'right; of tam along` eticb of the affected owner's props#tics. xn dad ,ition, it was explatbo that in order for the contractor to properly grade the driveway cccesm to each of the property awnora lrwoleed thet it woald, be advisable to get consent from the property'weer to grade the ' clrtveweay in a suitable tnann►r. The Board did not take any fortr1 Action concerning whether to remove trees, chrubn or fences but requested that we write you indicating the Board's willingness to remove and repiece trees and fences where appropriate in return for the !rant of slope easements over your property. The Town Engineer stated that it will be necessary to acquire the eacoments by Tuesday, September 9, 1969 in order thet the contractor can be properly instructed concerning the sloping along the portion of Bleckhawk Road lying adjacent se your Lend. C :suld you please contact us prior to that time in the event that you deeixe to grant the elope easement. Yours very truly, Paul H. Hauge Mick cc: John J. Kiien Alyce Bolke LAW OFFICES STALLAND & HAUGE SUITE 2340, DAIN TOWER MINNEAPOLIS, MINNESOTA 65402 Lurs$R M. STALLAND PAUL H. HAUGE Septedeer 4, 19E0 Nr. Kenneth 1-ieseler 1145 ^leckhatr!:: rot, Pnul, !t_r esete 55111 )ear ]1r. Assn/er: / public !el on September ^ Slope easemeeet ;here aecerrert revere pr "r`r`.,. It wes Re: flecehavk ",o d ' a let _tits was held by the 7cet±, at 700 a0 P.N. cot'3earn.4 _ le eeed to r°eeve t ery e— , the proposed el - ck» .ee'' e ere present rt t7 ,. thee the meat " epees erd of Supers f. the aceuisitio?: of 7eeher anal ''en+'C: Road Improvement. rune. the r eetirt s er AREA CODE 612 PHONE 336 -8361 to request thet tee opex ty owners teane tein .lope et!!*t'=' i'. m s0 Chet it will eet eeeeenecessary to leave ee abrupt cut or .' <..l. et the edge of the ;eht of way aloee ch of the affected gat eer's properties, Ie.. aetion, tt wrap aepleined , • +t in order for '.he contractor to pro€ ': F race the drive-.r.:,y eceese to each of • o property owners iiv. =.vex! that it out %c. eeveaeble to get c:e . ent from the property mmer to grade the .rive ee in a suitable ':enner. The itoerl did set take any form.:1 ct+ten concerning whets ar to remove trees, ohre or fences but rc'ueste" =het we tyrite :;o indicating^, the 'ka..: willingness to remove and repiace treet and fences where nppropr .ate in return for the grant of slope eseements over your property. The Town Engineer state that it will be necessary to acquire the ea ements by Tuesday, September 9, 1969 in oric:r that: the contractor can be properly instructed concerning the. sloping along the portion o. illeelelawk Road lying adjacent ;o your lard. ? telld you please contact us prior to that time in the event that yoe desire to grant the slope easement. Yours very truly Peaul H. t av �iii/c le cc: John J. Kliee Alyce kolke LAw OFFICES STALLAND 8c HAUGE SUITE 2340, DAIN TOWER MINNEAPOLIS, MINNESOTA 6640E LUTHER M. STALLARD PAVL H. Mums August 22, 1969 Mr. and Mrs. Haswell Lang 3750 Rahn Road St. Paul, Minnesota 55111 Re: Silver Belle Road Easements Dear Mr. and Mrs. Lang: AREA CODE 61E PROSE 866 -6361 This letter is to advise that pursuant to the letter from Cedar Grove Construction Company to the Eagan Board of Supervisors dated August 20, 1969 that Cedar Grove Construction Comapny has now agreed with the Eagan Board that if they exercise the option on your land that they then will pay the agreed price per acre for all of the acreage including the proposed Silver Belle right of way. In other words, they have consented to the grant of an ease- ment in there part to the Township covering the proposed Silver Belle Road over your land and in the event of exercise of the c Ltc-,,. will pay to you or to the Township the agreed upon sum per acre for the right of way. This letter is also to confirm that the Eagan Board of Super- visors has agreed to pay you upon execution of the easement for Silver Belle Road together with a temporary slope easement the sum of $1,800.00 per acre for the acreage within the highway easement right of way. It is further understood that in the event that Cedar Grove Construction Co. exercises it option to your property ,hat the Town of Eagan will then be reimbur A -tor tid hin'ount iai you" ' for acquisition of the easement over the proposed Silver Belle Road right of way. If this understanding is agreeable with you would you kindly sign this letter at the bottom and return a copy to us. y truly, Pauly H. Hauge Approved: BOARD OF SUPERVISORS, EAGAN TOWNSHIP, MINNESOTA By �'r LAW OFFICES STALLAND & HAUGE SUITE 2340, DAIN TOWER MINNEAPOLIS, MINNESOTA 85402 LUTHER M. STALLARD PAUL H. EIAUOE August 25, 1969 Mr. Robert Seng Attorney at Law 918 Commerce Building St, Paul, Minnesota 55101 Dear Mr. Seng: AREA CODE sl2 PRONE DSO-e3m Re: Eagan Township - William, Alma and Lois Sell Blackhawk Road Easements This is to advise that we are forwarding this letter to you as attorneys for the Sell family who own property on Black - hawk Road in Eagan Township. This is further to acknowledge receipt of easements covering slope purposes along Blackhawk Road on August 22, 1969 and in consideration for those easements the Town of Eagan will slope the Sell property no farther than the location of the stakes as acknowledged by our Town Engineer, William Sell, you and myself when we were on the site on August 22nd. In addition the Town of Eagan will not disturb the septic tank lying along Blackhawk Road on the William Sell property until such time as the Sells can connect to the Town sewer system. It is anticipated that this will be accomplished during the coming fall. Than you for your assistance and if you have any questions do not hesitate to contact us. Yours very truly, Paul H. Hauge PHH/cic cc: Alyce Bolke, Eagan Town Clerk Jo1n Klein, Eagan Board Chairman AREA CODE 612 LAW OFFICES STALLAND 8c HAUGE SUITE 2340, DAIN TOWER MINNEAPOLIS, MINNESOTA 55402 LUTHER M. STALLAND PAUL H. HAUGE August 25, 1969 PHONE 336 - 6361 Mr. Richard Rueger 3860 Blackhawk Road St. Paul, Minnesota 55"11 Re: Blackhawk Road Temporary Highway Slope Easement Dear Mr. Rueger: This is to acknowledge receipt of a teriporaty highway slope easement over your property on Blackhauk Road dated August 22, 1969. This is further to state that the Town of Eagan in impro,ing Tlack- hawk Road will not grade beyond the Makes which were located on your property on August 22, 1969 and every attempt will be made to restore the property to nearly equal its former. condition. Than you For your assistance and if you have any questions do not hesitate to contact our office or the Town Engineer. Yours very truly, Paul H. H+uge PHH/cic cc: Jean Parranto Alyce Bolke, Town Clerk John Klein, Eagan Board Chairman LAW OFFICES STALLAND 8c HAITGE SUITE 2340, DAIN TOWER MINNEAPOLIS, MINNESOTA 55402 LIITHER M. STALLAND PAIL H. HAIIOE August 25, 1969 14r. Richard Rueger 3860 Blackhawk Road St. Paul, Minnesota 5 :11 )ear stir. er: AREA CODE 612 PHONE 336 -8361 Re: Blackhaw!: .toad Temporary Highway Slope Easemant This is to acknowledge receipt of e easement over your property on B1ackhark This is further ., ' state that the 'T'own of hawk Road will no; trade beyond the ''Lake your property on August 22, 1969 and ever restore the property to nearly equal, its Than you for your assistance and th do not hesitate to contact our office or Yours very 'tr' 1y, Paul H. Heuge PHH/c lc cc: Jean Parranto Alyce Bolke, Ton Clerk John Klein, Ragan Board Chairmen '_empore :y highway elope ;_oad dated August 7.2, 1969. sn in impro, i-lac?c- .s which were loc,,ted on y attempt pt will be ='t ' e to former condition. you have any quest s^^:s the Town Engineer. LAW OFFICES STALLAND Se HAUGE SUITE 2340, DAIN TOWER MINNEAPOLIS, MINNESOTA 55402 LUTHER M. STALLAND PAUL H. HAUOE August 25, 1969 ..card of Supervisor 'Arum of Eagan rakota County, Minnesota Le: Blackhewk Road Basements Gentlemen: AREA CODE 612 PHONE 336 -8361 Because of the problems that have developed in acquiring slope easements on Blackhawk Road we have recommended that in the case of three property owners that a public heetiog be held on September 2rai at 7:30 P.11. We have sent notices to Cy Barry, Ken Hassler, and Melvin Severson, each of which has refused to grant easements and each of which either has bushes, shrubs, three or fences on his property that need to 'be removed or replaced. We are proceeding wader M.S.A. 160.22 which deals with trees along highway rights of way. The notice states that the hearing will be hs l i longer than ten days frogs the time a of service of the notice at which time the Board will determine whether it is necessary to cat or remove trees and fences because of maintenance or construction of the road. The reasoning behind it is that the trees or fences will interfere with the safety and convenience of the public travel and the people have a right to be heard at that time. If the Board then determines that the fences, trees and shrubs must be removed it will serve notice upon the abutting owners of its determination and a copy of the oe°der or resolution must be attached to the notice. in effect this statute does not directly have to do with fences but should be included in the case of Barry. Any land owner affected then may appeal the decision within 30 days of the receipt of the notice. Technically we do not have e right to take the ;:roes or fences out during that time and this of course can cause one hardship. The appeal is taken to the District Coux: and a $500.00 bond or more :mast be posted by the party taking the appeal. If no appeal is taken or if upon appeal the court upholds the Town's determination then the Town may cut and remove the ttaea and hedges. The difficulty is that this could ue many months off end LAW OFFICES STALLAND & HAUGE SUITE 2340, DAIN TOWER MINNEAPOLIS, MINNESOTA 55402 LUTHER M. STALLARD PAUL H. HAUGE Augunt 25, 1969 eeeri of Supere.ifeee. iown of Eagan )akota County, Minnesote e: Blachlienee Pna. Resements Gentlemen: AREA CODE 612 PHONE 336 - 8361 Because of the problems that have developed in acquiring slope easements on 1L ;k asd we have recommended that in the case of three property owners that a public hearing be held on September 2nd at 7:30 P.M. We hnve sent notices to Cy tIrry, Ken Harsler, End Melvin Severeon, eech of which has refused to 31-ent easement e and each of which either hos bushes, shrubs, trees or fences on hit property that nee t:0 W removed or replrer, We are precceeine under M.S.A. 16.0.e which deals with trees along highway rieht of way. The notice etates that the heerieg he loaene than ten deys from the time of service of the notice at which the Board will determine ehether if is recessary to cut or rerove teen end fences beceuee of maintenance or construction of the road. The reeeoning behind it i3 that the trees er fences will interfere with tho sefety and convenience c:f the public travel end the people have e rig`re: to be heard at Live. If the iereard n:en leterminen that the fences, trees and shrub must be removed it nerveeotice upon the abutting owners of its letermimetion and n eopy of the ceder or resolution must be etteehed to the netice. In effect this statute doe nc,17 directly have to do eith fences but should be included in the case of Barry. Any land owner affected then may appeel the decision within 30 days of the receipt of the notice. Technically we do not have e right to take the t.rees or fence s out luring that time and this of course can cause son herdship. The appeal is taken to the District cou4T: and a $500400 bond or more must be posted by the party taking the appeal. If no eppeal is taken or if upon appeal the court uphold the 7own's determination then the Town may cut and remove the trees hedges. The difficulty is that this could 4c many worths off and- Board of Supervisors August 25, 1969 Page Two would of course work a hardship to the Town. n. Our suggestion is that if the parties refuse after the hearing to grant the slope easements that we simply, by redesign if necessary, avoi{' the property affected and cut off vertically at the edge of the right of way or up to the trees. In the case of Ken Hassler, he has shrubs anawl bushes within the right of way and it would therefore be necessary to avoid them if possill #. The danger of course in in killing the shrubs by coming too close. In the case of Melvin Severson, it would be necessary to put in a retaining wall although he 'prefers that it be sloped. In order to slope it we would have to take the trees and bushes. There is an Attorney General's Opinion almost directly in point, D.A. G. 377D-10.I, November 1, 1961 which also do ►1s with compensation to the property owner. It does not directly answer the question but it is possibl i that we would have to compensate them if we are removig the trees and not_ simply replace them. 'If we do not touch the trees or fences obviously there Is nos reason for compensation. Yours very truly, Paul. It. 2 1auge PHHJc lc Board of Sup rvisors August 25, 1969 Page Two would of course work e hardship to the Town. Our suggestion is that Lf the parties refuse after the hearing to grant the slope easements that we simply, by redesign if necessary, a°roi the proport2 affected an,1 cut :off vcrtic„1y at the edge of the right of way or up to the trees. In the case of Ken Hassler, he has shr:,hs anr'. ')ushes within the right of way and it would therefore be necessary to avoid then if possii 14. The danger of course is in :-:filling the shrubs by coming, too close. In the case of Melvin Severson, it would be necessary to put in a retaining wall although he prefers that it be sloped. Iu order to slope it we would have to take the trees and bushes. There is an Attorney General's Opinion almost directly in point, :?.A. G. ?77D-1OJ, November 1, 1961 which also :'..^,ate with compensation to the property owner. It does not directly answer the question but it is possibi r that we would have to compensate them, if we are removii; the trees and not simply replace them. If we do not touch the gees or fences ob-: i.oucl. ° :.here i . no reason for compensation. Yours very truly, Pant. H. PHll/.-le ge LAW OFFICES STALLAND 8c HAUGE SUITE 2340, DAIN TOWER MINNEAPOLIS, MINNESOTA 66402 LUTHER M. STALLAND PAUL H. HAUOE August 25, 1969 Board of Supervisors Town of Eagan Dakota County, Minnesota Re: Blackhawk Road Easements Gentlemen: AREA CODE 612 PHONE 336 -8361 Because of the problems that have developed in acquiring slope easements on Blackhawk Road we have recommended that in the case of three property owners that a public hearing be held on September 2nd at 7:30 P.M. We have sent notices to Cy Barry, Ken Hassler, and Melvin Severson, each of which has refused to grant easements and each of which either has bushes, shrubs, trees or fences on his property that need to be removed or replaced. We are proceeding under M.S.A. 160.22 which deals with trees along highway rights of way. The notice states that the hearing will be held longer than ten days from the time of service of the notice at which time the Board will determine whether it is necessary to cut or remove trees and fences because of maintenance or construction of the road. The reasoning behind it is that the trees or fences will interfere with the safety and convenience of the public travel and the people have a right to be heard at that time. If the Board then determines that the fences, trees and shrubs must be removed it will serve notice upon the abutting owners of its determination and a copy of the order or resolution must be attached to the notice. In effect this statute does not directly have to do with fences but should be included in the case of Barry. Any land owner effected then may appeal the decision within 30 days of the receipt of the notice. Technically we do not have a right to take the trees or fences out during that time and this of course can cause some hardship. The appeal is taken to the District Court and a $500.00 bond or more must be posted by the party taking the appeal. If no appeal is taken or if upon appeal the court upholds the Town's determination then the Town may cut and remove the trees and hedges. The difficulty is that this could be many months off and Board of Supervisors August 25, 1969 Page Two would of course work a hardship to the Town. Our suggestion is that if the parties refuse after the hearing to grant the slope easements that we simply, by redesign if necessary, avoid the property affected and cut off vertically at the edge of the right of way or up to the trees. In the case of Ken Hassler, he has shrubs and bushes within the right of way and it would therefore be necessary to avoid them if possible. The danger of course is in killing the shrubs by coming too close. In the case of Melvin Severson, it would be necessary to put in a retaining wall although he prefers that it be sloped. In order to slope it we would have to take the trees and bushes. There is an Attorney General's Opinion almost directly in point, O.A. G. 377D-10J, November 1, 1961 which also deals with compensation to the property owner. It does not directly answer the question but it is possible that we would have to compensate them if we are removig the trees and not simply replace them. If we do not touch the trees or fences obviously there is no reason for compensation. PHH/cic LAW OFFICES STALLAND SC HAUGE SUITE 2340, DAIN TOWER MINNEAPOLIS, MINNESOTA 55402 LUTHER M. STALLARD PAUL H. HAUGE June 16, 1969 Board of Supervisors Town of Eagan Dakota County, Minnesota AREA CODE 612 PHONE 336 -8361 Re: Dakota County vs. Ralph Ostendorf - Cliff Road Condemnation Gentlemen: The attorney for Ralph Ostendorf has asked whether it would be possible to settle the Ostendorf easement condemnation case that you recall, came up about a year ago. In Ostendorf's situation, the amount of permanent road easement that was taken was 1.57 acres computed as a $1,000.00 credit per acre, amounting to $1,570.00, and in addition I+7 acres of temporary slope easement figured at $500.00 per acre for a total of $235.00. The total credit on that basis would be $1,805.00 which was offered initially. Mike Kasson, our court appraiser valued the loss at $2,004.00 computed at $1,200.00 an acre and Paul Thoring, the appraiser for Ostendorf valued the damage at $ 9, 700.00. The court appointed Commissioners awarded Ostendorf $2,700.00 plus $150.00 appraisers' fees for a total of $2,850.00. Ostendorf then appealed the case and we in turn appealed the decision also. Perhaps you would review these figures above and possibly we can discuss them at a Board meeting. If you have any questions about the case or any others pending, the only other one being the Max Martin condemnation, please call. ry truly, Paul H. Hauge PHH/cic LAW OFFICES STALLAND & HAUGE SUITE 2340, DAIN TOWER MINNEAPOLIS, MINNESOTA 55402 LUTHER M. STALLAND PAUL H. HAUGE Board of Supervisors Eagan Township St. Paul, Minnesota 55111 Gentlemen: AREA CODE 612 PHONE 336 -8361 September 19, 1968 RE: Yankee Doodle Road - Dakota County Street Improvement We have reviewed the question whether it would be legally possible for the County of Dakota and Town of Eagan to enter into an agreement whereby the Township would acquire the right of way for the widening and improvement of Yankee Doodle Road between Pilot Knob Road and Highway ##49 with the Town paying part of the cost of the actual road improvement, the county paying the balance of the costs and then the town assessing part or all of the portion contributed by the township back against the benefited property owners. Under M. S. A. 471.59 the township has the right to enter into a co-operative agreement with Dakota County in which they agree to share in the cost of a proposed road improvement. Under M. S. A. 471.59 Subd 3, the parties to such an agreement may provide for disbursement of public funds to carry out the purposes of such an agreement. Then under M. S. A. 429.031, Subd. 1, it is provided in part as follows: . . . before the municipality shall have the power to assess any portion of the cost of the improvement to be made under a cooperative agreement with the state or another political subdivision for sharing the cost of such improvement, the council shall hold a public hearing on the proposed improvement following two publications in the newspaper of a notice stating the time and place of the hearing, the general nature of the improvement, and the area proposed to be assessed." Further under M. S. A. 429.041, Subd. 5 it reads as follows: "Cooperation with state or local government. When an improvement is made under a cooperative agreement with the state or other subdivision by the terms of which the state or other subdivision is to construct or contract to construct the improvement, it shall not be necessary to comply with subdivisions 1 and 2." The second essential question is to determine whether such road improvement to a county road can be considered a local improvement under M. S. A. 429 so that the benefited property owners can be assessed for the improvement paid for by the township. Page 2 Board of Supervisors M.S.A. 429.021, Subd. 1 provides in part that the Council of a municipality shall have the power to "acquire, open and widen any street, and to improve the same . . . " Further M. S. A. 429.011 defines any street as any street, alley or public way or any part thereof. It could be determined that a county road can be considered a public way or street. Under 0. A. G. May 31, 1960, 396G-7, the Attorney General has determined that where a Village enters into a cooperative agreement with a county for a public improvement whereby the village pays for sewers, gutters, curbs and sidewalks on a county road running through the village the village may recover its costs by assessments levied against the benefited property. It distinguished 0. A. G. 59A-4, November 25, 1959 in that in that case the village did not agree ahead of time to pay for any portion of the road improvement. The county paid for the entire cost of construction including the blacktopping and the attorney General there stated that the county could not later be reimbursed through the village by means of any local improvement assessment. (See also 0. A. G. 396G-15, July 12, 1957 where the village entered into a contract with the state highway department whereby the village would pay 25% of the cost of the service road to be constructed entirely by the state.) It would appear therefore that Eagan could enter into an agreement with the county to pay for a portion of the improvement of the road and assess that portion back against the property owners benefited. It is possible though that a property owner at the time of the assessment hearing may object to the assessment on the basis that the real intent between the town and county was to require the town to acquire the right of way and the suggestion outlined above was simply a means of avoiding the special assessment prohibition for cost of acquiring right of way by condemnation proceedings. That problem, however, would have to be faced in the event of such an appeal. Paul H. Hauge PHH:daw LAW OFFICES STALLAND & HAUGE SUITE 2340, DAIN TOWER MINNEAPOLIS, MINNESOTA 55402 LUTHER M. STALLARD PAUL H. HAUGE Board of Supervisors Eagan Township St. Paul, Minnesota 55111 Gentlemen: July 31, 1968 RE: Cliff Road AREA CODE 612 PHONE 336-8361 This letter is intended to bring you up to date concerning the acquiring of easements on the two and one-half mile stretch of Cliff Road directly west of Trunk Highway #3. To date we have acquired Highway and Slope Easements on a total of 24 separate pieces of property including 21 property owners and a total of approximately 52 easements. These ease- ments were delivered to James Gabiou's office on July 25, 1968 for purposes of recording. It is important that the recording take place as soon as possible because we are already aware of one new ownership change and the changes take place rapidly, of course. The names of the parties from whom we have acquired easements are as follows: Delbert L. and Priscilla L. Olson Peter J. and Dorothy Jurek Otto Lehman and wife Marshall S. and Betty Lou Davis Henry and Cecelia Dolan Frederick E. and LaVerne Schulze Albert P. Kimm Robert W. and Elizabeth Kimm Cornelius and Bernice Renich Reinhold and Verna Weierke Weierke Trenching and Excavating Ronald and Rogean Young David and Judith Dehler Roger and Joan Weierke Richard and Irene Holz Otto and Ella Holz Howard Gelb Hugo W. Holz and wife Albert A. Carlson and Karen Roger A. and Judith A. Urban Otto Holz, Jr. and wife Co. Olive Zeuli J. Carlson We commenced condemnation action against three property owners including Ralph Heinen; Edward McMenomy etc.; Ralph Ostendorf and wife; M. W. Norton and wife. We appeared in court on July 19th in Hastings requesting that the petitions for condemnation be admitted by the court and at that time the only appearance that was made in opposition was by Mr. Norton. He had certain objections concerning the County Board's resolution relative to the establishment of the road as a county road, the ordering of the improvement, and other requirements under M. S. A. 163.11. After checking through the county records we determined that there seemed to be some deficiencies and the judge suggested that briefs be submitted arguing whether the county records of the County Board were complete. It is our proposal at this stage that we commence the Norton action against him and the soonest it could now be set for hearing would be September 6th after which time the commissioners would be appointed and the county could begin work on the land. Page 2 Board of Supervisors July 31, 1968 Commissioners were appointed in the Ostendorf and Heinen cases as follows: Nick Vujovick, Anton Roszak, and Herb Denzer. We have asked the commissioners to hold off on the hearing until after the Norton issue has been resolved. Both Judge Breunig and Judge Friedrich take the position that once condemnation has started for acquisition of right of way that we cannot later assess the cost of the right of way against the property owner. As you recall the board took the position about a month ago that we should commence the condemnation in spite of the fact that some of the cost for the acquisition of the right of way might be borne by the township. The decision that we have to make now is whether to recommence the Heinen and Ostendorf actions also so as to prevent any objection in the future that they may have that the county records were not complete. This decision will have to be made within the next week. very truly, Paul H. Hauge PHH:daw LAW OFFICES STALLAND & HAUGE SurrE 2340, RAND TOWER MINNEAPOLIS, MINNESOTA 55402 LUTHER M.STALLAND PAUL H. HAUGE Board of Supervisors Eagan Township St. Paul, Minnesota 55111 Gentlemen: AREA CODE 612 PHONE 336-8361 May 13, 1968 RE: Private Road Maintenance - Skyline Drive The question has arisen as to whether the township may preform maintenance on a private road without a dedication of the road and bill the owners along the road for the maintenance. There does not seem to be any law directly in point but several statutes do seem to come into play. M. S. A. 429.021, the special assessment statute provides that the Board may acquire, open, and widen any street . . by grading, graveling, oiling or otherwise improveing the same . . ." The question may come up whether any street could include any privately owned street. It would be our opinion that it does not because several Attorney General's opinions seem to indicate otherwise. (O.A.G. 59 A-7, August 24, 1956 and 0.A.G. 18-D, April 27, 1953) Therefore it would seem that unless a dedication takes place that the assessment provisions of Chapter 429 would not be permissible. Under M. S.A. 160.21 Subd. 2 a town may remove snow from private property and charge the owner for the cost where no delay will result to other snow removal on township roads. This appears to be the one exception to billing private property owners for road maintenance. Earlier opinions of ours concerning similar questions including an opinion dated March 14, 1966 cited M. S. A. 164.15 which provides that one or more property owners may dedicate land for a road by making an application in writing describing the land the purpose of the dedication and then file the application with the clerk. It would be important that an accurate description of the property be made in the application. The Board then could pass a resolution declaring the land to be a public road. Upon enactment of such resolution such land shall be determined duly dedicated for the purposes expressed. Then under M. S. A. 117.19 the town must file a notice with the register of deeds of such dedication. Page 2 BOARD OF SUPERVISORS Also under M. S. A. 160.05 where a road has been maintained by the township for six years and traveled continuously by the public, it it presumed that the road becomes a town road without a formal dedication. It is therefore important that where a private road becomes maintained by the township that a resolution be passed expressly indicating that the road is being taken over for maintenance purposes only. It would therefore be our opinion that without a formal dedication of a street, that the town may not maintain the street and bill the adjacent property owners. It would be possible for a formal dedication of the street to take place and possibly then to assess the abutting property owners on a fixed rate per year under M.S.A. 429.021. Here the procedural problems would be difficult because either the assessment would have to be levied every year or else the total amount of assessment projecting a certain number of years ahead and the assessment levied in the current year. Yours very truly, Paul H. Hauge PHH:daw LAw Of...VICES LUTHER M. STALLAND STD TE 2340, .RAND TOWER MINNEAPoLIS 2, MINNESOTA PAUL H. HAu0E Board of Supervisors Eagan Township St. Paul, Minnesota 55111 Gentlemen: March 31, 1967 RE: Rahn Road Assessment Appeal - Cedar Grove Construction Company vs. Eagan Township FE 6-8361 This letter is intended to bring you up to date on the appeal from the assessments levied by the Board of Supervisors in the Fall of 1966 covering property owners along Rahn Road from County #30 north. As you may recall, Cedar Grove Construction Company filed a notice of appeal covering three of the lots assessed, namely Lot 1, Block 9, Cedar Grove No. 1; Lot 8, Block 3, Cedar Grove No. 3; and Lot 44, Block 8, Cedar Grove No. 3. In addition, the appeal sought to overturn the entire assessment on the basis of its being arbitrary for failing to differentiate between unimproved and improved property. We feel we could have established sufficient grounds to uphold the township's position on the assessment as a whole and at best the plaintiff would possibly have been successful in reducing the assessments on the three specific lots somewhere in the neighborhood of from $400.00 to $600.00. We have discussed the matter at length with representatives of the plaintiff including their attorney and they have agreed to settle the matter and dismiss the appeal. Luther M. Stalland LMS:daw LAW OFFICES LUTHER M. STALL.AND SUITE 2340, RAND TOWER MINNEArolss 2, MINNESOTA PAUL U IIAUOE Board of Supervisors Eagan Township, Dakota County St. Paul, Minnesota 55111 Gentlemen: FE 6-8361 October 18, 1966 RE: Special Assessments - Church Property and Public Property The question has arisen whether it is legally permissible for the Town to include in special assessment rolls property owned by the public or a church and assess church property for improvements such as road improvements. The governing provisions are Article #9, Section 1 and Minnesota Statutes Annotated 272.02. The Attorney General has stated that although churches, church property and houses of worship are exempt from general taxation they are not exempt from special assessments. (Op. Atty. Gen. 408 C, Aug. 22, 1956) The same rule would undoubtedly hold true as to church parsonages, and the law is clear that a municipality may assess church owned property for improvements such as road or utilities on the same special benefit theory as non -Church property. In addition, schools can likewise be assessed for improvements on the same basis provided that they acquire benefits from them. (See Op. Atty. Gen. 387 F, Nov. 30, 1956) Post Office buildings, however, owned by the Federal government are exempt from a special assessment for street improvements. (See Op. Atty. Gen. 408 C, Sept. 21,1953.) Yours very truly, /?4,CAql- er M. Stalland LMS:daw October 18, 1966 MINNESOTA STATUTES ANNOTATED 163.11. Establishment, alteration, vacation, revocation Subdivision 1. Resolution. County highweys may be established, altered, vacated or revoked by resolution of the county boar::. Any public highway within the county, other than a trunk highway, municipal state -ail street, or county state -aid highway, may be taken over as a county highway by resolution of the county board. Subi. 2. Contents of resolution. The resolution shall contain a iescription of the highway. In the case of a newly established highway or the alteration of a highway, the resolution shall also contain a description of the several tracts of land through which the highway passes, the names of all persons known by the board to be the owners and occupants of each tract, ani a description of the right of way, if any, needed therefor from each tract and the interest or estate therein to be acquired. Subi. 3. Lands or properties may be acquired under provisions of Chapter 117. All lands or properties needed for the establishment or alteration of a county highway may be acquired by purchase, gift, or eminent domain proceedings as provided in Chapter 117 and acts amendatory thereto. Subd. 4. Vacation. When a newly established, relocated, or altered county highway is opened for travel which takes the place of and serves the same purpose as any portion of another county highway, the county board may vacate any such portion of the other highway by resolution. The board shall cause personal service of the resolution to be made upon each occupant of land through which the vacated portions passed anJ shall also post notice of the resolution for et least ten lays. A copy of the resolution together with proof of service and affidavit of posting shall be filed in the county auditor's office. Within 30 lays after the service, any person claiming to be damaged by the vacation may appeal to the district court of the county for a determination of his damages by serving notice of the appeal upon the county board and filing same with proof of service in the office of the clerk of the district court. The appeal shall state the nature and the amount of damages claimed. It shall be tried in the same manner as an appeal from an award in eminent domain proceedings. Subd. S. Revocation and reversion. The county board, by resolution, may revoke any county highway. The highway shall thereupon revert to the town in which it is located; provided that any such revoked highway or portion thereof lying within the corporate limits of any city, village or borough shall become a street of such city, village, or borough. Roads or streets or any portion thereof so revoked and turned over to the town, city, village, or borough may be vacated by the town, city, village, or borough in the same_ manner as other town roads or city, village, or borough streets are vacated. If the vacation occurs within one year after the revocation by the county, damages occasioned by the vacation shall be pail by the county out of its road and bridge fund. No award of damages shall be made by the town, city, village, or borough for such vacation without the concurrence of the county board, and no action brought to recover damage::; for the vacation shall be settled or otherwise disposed of without the consent of the county board. The county board may defend any action brought to recover damages for the vacation in the same manner and to the same extent as in a proceeding to vacate a county highway. October 18, 1966 MINNESOTA STATUTES ANNOTATED 163.11. Establishment, alteration, vacation, revocation Subdivision 1. Resolution. County highways may be established, altered, vacated, or revoked by resolution of the county board. Any public highway within the county, other than a trunk highway, municipel state -aid street, or county state -aid highway, may be taken over as a county highway by resolution of the county board. Subl. 2. Contents of resolution. The resolution shall contain a description of the highway. In the case of a newly established highway or the alteration of a highway, the resolution shall also contain a description of the several tracts of land through which the highway passes, the names of all persons known by the board, to be the owners and occupants of each tract, and a description of the right of way, if any, needed therefor from each tract and the interest or estate therein to be acquired. Subi. 3. Lands or properties may be acquired under provisions of Chapter 117. All lands or properties needed for the establishment or alteration of a county highway may be acquired by purchase, gift, or eminent :domain proceedings as provided in Chapter 117 end acts amendatory thereto. Subd. 4. Vacation. When a newly established, relocated, or altered county highway is openei for travel which takes the place of and serves the same purpose as any portion of another county highway, the county board may vacate any such portion of the other highway by resolution. The board shall cause personal service of the resolution to be made upon each occupant of land through which the vacated portions passed and shall also post notice of the resolution for at least ten days. A copy of the resolution together with proof of service and affidavit of posting shall be filed in the county auditor's office. Within 30 Jays after the service, any person claiming to be damaged by the vacation may appeal to the district court of the county for a determination of his damages by serving notice of the appeal upon the county board and filing same with proof of service in the office of the clerk of the district court. The appeal shall state the nature and the amount of damages claimed. It shall be tried in the same manner as an appeal from an award in eminent domain proceedings. Subd. 5. Revocation and reversion. The county board, by resolution, may revoke any county highway. The highway shall thereupon revert to the town in which it is located; provided that any such revoked highway or portion thereof lying within the corporate limits of any city, village or borough shall become a street of such city, village, or borough. Roads or streets or any portion thereof so revoked and turned over to the town, city, village, or borough may be vacated by the town, city, village, or borough in the sams., manner as other town roads or city, village, or borough streets are vacated. If the vacation occurs within one year after the revocation by the county, damages occasioned by the vacation shall be paid by the county out of its road and bridge fund. No award of damages shall be made by the town, city, village, or borough for such vacation without the concurrence of the county board, and no action brought to recover damages for the vacation shall be settled or otherwise disposed of without the consent of the county board. The county board may defend any action brought to recover damages for the vacation in the same manner and to the same extent as in a proceeding to vacate a county highway. LAW OFFICES LUTHER M. STALLAND SUITE 2340, RAMP tow MINNF.APOLIs 2, MINNESOTA PAIIL H. fAIIOE Board of Supervisors Eagan Township, Dakot County St. Paul, Minnesota 55111 Gentlemen: October 4, 1966 RE: Yankee Doodle Road Since the last board meeting I have determined that the county board can at any time upon its own resolution revoke and abandon any county road. Where, as in the case of Yankee Doodle Road, it is located solely within a township, such road would revert to the township and become again a township road. Minnesota Statutes, Section 163.11, Subd. 5, provides in part: "The county board, by resolution, may revoke any county highway. The highway shall thereupon revert to the town in which it is located; . . ." This law was enacted in 1959. In 1960 the Attorney General (Op. Atty. Gen. 377b-3, April 12, 1960) ruled that: "A county board could take over a town road by resolution, and also could revoke a county highway by resolution, whereupon the county highway would become a town road." You sf ery tru Lkuther M. Stalland LMS:daw FE 6-8361 Lsw OrricEs LUTHER M. STALLAND SUITE 2340, Rnxn TOWER MINNEAPOLIS 2, MINNESOTA PAUL U. H& JoE Board of Supervisors Eagan Township Dakota County St. Paul, Minnesota 55111 Gentlemen: July 1, 1966 RE: McNamara -Vivant Contracting Co. and Austin P. Keller Construction Co. We have reviewed the specifications for street surfacing project on Rahn Road together with the agreement with McNamara -Vivant and the bond attached thereto all of which appear to be in order. The only exception is that the insurance limits required by the agreement for liability purposes are $300,000.00 to $500,000.00 whereas the insurance certificate submitted by the contractor allows for $100,000.00 to $300,000.00. In addition the property damage requirements are $100,000.00 whereas the contractor's coverage is in the sum of $25,000.00. These discrepancies have been related to the contractor. In addition we have reviewed the specifications for sanitary sewer extensions in Cedar Grove No. 5 Addition together with the agreement with Austin P. Keller Construction Co. and the bond attached thereto and all documents appear to be satisfactory. Yours very truly, Paul H. Hauge PHH:daw FE 6.8361 LAw GerICEs LUTHER M. STALLAND SUITE 2840, RAND TOWER MINNEAPOLIS 2, MINNESOTA PAUL H. HAUOE Board of Supervisors Eagan Township St. Paul, Minnesota 55111 RE: Trees in town road right-of-way Gentlemen: The question has arisen concerning the action that can be taken by the town board where a private land owner has planted trees in a town roadway. FE 6-8361 The statutory section that applies is M. S. A. 160.22. It provides that a road authority which includes the town board may plant trees and shrubs along town roads and with the consent of abutting land owners may plant them outside of the road right-of-way. The trees may not then be removed with- out the consent of the town board In addition the section provides as follows: "Subd. 3. Acquisition of trees and hedges. The road authorities may acquire by purchase, gift or condemnation all trees and hedges within the limits of a highway. Thereafter if the road authority determines that the trees and hedges acquired within the limits of a highway under its jurisdiction interfere with the safety and convenience of public travel thereon, or interfore with the construction, reconstruction, or maintenance, thereof, it may cut and remove the trees and hedges without notice, and may dispose of the trees and hedges in such manner as it deems proper. "Subd. 4. Removal of trees and hedges not acquired by road authorities. When the trees and hedges have not been acquired, the road authority may cut and remove trees and hedges from within the limits of highways under its jurisdiction when the road authority determines that the trees and hedges interfere with the maintenance or reconstruction of the highway or interfere with the safety and convenience of public travel thereon. "Subd. 5. Hearings. Prior to ordering the cutting and removal of trees and hedges not acquired, the road authority shall fix a time and place of hearing in the county where the lands are located to consider the cutting and removal of such trees and hedges. The owners of the abutting land shall be given written notice of the hearing at least ten days prior to the date fixed therefor. At the hearing the abutting owners shall be given the opportunity to be heard. "Subd. 6. Notice of determination. After the hearing the road authority shall serve notice upon the abutting owners of the determination as to the trees and hedges. A copy of the order or resolution shall be attached to the notice. Board of Supervisors Page 2 "Subd. 7. Appeal from determination to remove. Any abutting owner may, within 30 days from the receipt of the notice required in subdivision 6, appeal to the district court from the determination by filing with the clerk of the court a notice of appeal, together with a bond of not less than $500, approved by the court, conditioned to pay all costs arising from the appeal in case the determination of the road authority is sustained. The notice of appeal shall state the grounds thereof and a copy shall be forwarded to the road authority. The appeal shall be entered upon the court calendar for trial at the next general term .of court, and either party shall be entitled to a jury trial." This means that the board may acquire trees within the road right-of-way by purchase, gift or condemnation It further provides that if the trees have not been acquired by the town and the board determines that the trees must be removed a hearing will be had and the abutting owner shall be given an opportunity to be heard. There is then provision for notice, a public hearing and 30 days to appeal before the board can cut the trees. The state highway department has followed the practice of acquiring the trees within the highway limits to avert the procedure and time involved as outlined above. PHH:daw You snvery tru uther. Stalland LAW Orr^ICES LUTHER M. STALLAND SUITE 2340, RAND TOWER MINNEAPOLIS 2, MINNESOTA PAUL H. HAUOE Board of Supervisors Eagan Township St. Paul, Minnesota 55111 Gentlemen: February 23, 1966 RE: Street Lighting The question concerning the power of Eagan Township to establish street lighting on town roads has recently arisen. This is a supplement to my opinion dated November 2, 1964. There currently appear to be two provisions for establishing street lighting. The first which is currently available to Eagan is under M. S. A. 160.13 which provides that the town board may light or mark highways and may install other safety devices as it determines necessary in the interest of safety and convenient public travel. This chapter does not provide for a method of financing and presumably the only method available would be that of self assessment under M. S. A. 429. The second method that would be available for Eagan would be by special written ballot at an Annual or Special Meeting of the town electors provided under M. S. A. 368.61 to 368.84. Under those sections, namely 368.64, after written approval of adoption, "For the purpose of providing the necessary funds for carrying out the provisions of Section 368.62 (street lighting) the electors at the annual meeting may vote a tax not exceeding one mill". FE 8^8361 What this appears to mean is that if the electors vote to implement these sections, but do not vote a one mill tax levy the Board of Supervisors could, nevertheless, provide for street lighting under the assessment procedure upon petition of property owners in any area desiring street lights. If the one mill tax is approved, the town may then tax all property and pay for street lighting in such areas as the Board determines from this one mill levy. However, the one mill would necessarily be included within the maximum millage rate permissible for the township and would not be basis for an additional one mill levy. In summary, under the second method, a majority written vote must favor the system for adoption and it may be financed either by the one mill general levy or by special assessment if the levy is not approved by the electors. You .jvery t PHH:daw /04 LAW OFFICES LUTHER M. STALLAND SmrE 2340, RAxv TowEa MINNEAPOL IS 2, MINNESOTA PAt L 73. HAXTOE Cha i rman Board of Supervisors Eagan Township, Dakota County Minnesota Dear Sir: January 7, 1965 Re: Road Obstructions, e.g. Snow The question has azisen concerning the right of the Township through its Board of Supervisors to demand that property owners along a particular street remove obstructions such as snow pushed into that street from their property. Generally, M. S. A. Chapter 160 deals with this situation. Under the definitions of this chapter, town roads come within its scope. Included under this heading is the power of a township to authorize its snow removal equipment to remove snow from private property upon payment of not less than the cost thereof when such snow removal does not unduly delay or interfere with the removal of snow from town roads. (M.S.A. 160.21) It is unlawful under M.S.A. 160.27, Subd 5 to: (I) Obstruct any highway; (2) Plow or perform any other detrimental operation within the road right-of-way except in the preparation of te land for planting a perennial hay crop, and the harvesting of said crop; Violations hereof shall be prosecuted by the County Attorney of the county where the violations occur. Any person convicted of such violations shall be guilty of a misdemeanor. The cases construing the last mentioned section would make it quite clear that where a property owner does place any obstruction such as snow or a fence, etc. in the right-of-way or on the road proper in an unreasonable manner, the town could maintain an action to remove the obstruction, or for damages or as a violation of M.S.A. 160.27. PE 6^8361 - 2- To: Board of Supervisors January 7, 1965 On the other hand, where a common nuisance exists in a street and a person lawfully traveling thereon is injured due to the negligence of the township, he may maintain an action for damages in a civil court. It may be advisable to give either posted or published notice of the enforcement of the law concerning property owners who push snow into public streets in the town causing a nuisance both to the snow plow and automobiles. LMS:bh Yours very truly, Lut1 'r M. Stallad Eagan Town Attorney Law OrraCEs LUTHER M. STALLAND SIIITE 2340, RAND TowEB MINNEAPOLIS 2, MINNESOTA PAUL H. HAUGE Mr. Arthur F. Rahn Board of Supervisors Town of Eagan Dakota County, Minnesota Dear Sir: FE 6-8301 November /, 1964 Re: Street Lighting in Eagan Township The question has recently arisen whether the Town of Eagan through its Board of Supervisrs is legally permitted to install and operate street lights within the Township. There appear to be two statutory bases for Eagan's participation in street lighting projects. (1) M.S.A. 368.62 authorizes Eagan's Board of Supervisors to establish street lighting provided that this authorization which comes within a group of special powers of townships is adopted by the electors at a Special or Annual meeting of the Town. (M.S.A. 368.61 to 368.84). Eagan's electors have not adopted these provisions thereby excluding this method. (2) The local improvement Astute, M.S.A. 429.011 et seq, permits the Town upon notice and hearing "To install, replace, extend and maintain street lights and street lighting systems" by means of assessing benefited property owners. Because of the expense involved this method would be practical only in a relatively large area. The power to establish a power and light commission under M.S.A. 453.01 or the authority to erect lighting systems within M.S.A. 412.221 (Subd. 7) has not been granted to a town. LMS:bh Your very tr (1;;;;Iu S a land LAW OFFICES LUTHER M. STALLAND SUITE 2340, RAND TOWER MINNEAPOLIS 2, MINNESOTA PAUL H. HAUGE November 30, 1962 Board of Supervisors Eagan Township St. Paul 11, Minnesota Re: Establishment of town roads by eminent domain Gentlemen: FE 6-8361 The question has arisen as to whether it would be possible for Eagan Township to acquire by condemnation proceedings sufficient right of way plus sloapage for street purposes to serve as access to the Egan Carriage Hill Addition to Eagan Township. The particular factual situ- ation presented includes a desire by the developer of the above Addi- tion to dedicate a 40 foot easement with the understanding that the re- maining 30 feet be acquired from the adjoining landowner. The applicable statutory basis for this power is found in M.S.A. Chapter 164. M.S.A. Section 164.02 grants to townships the power to es- tablish, maintain, reconstruct and improve town roads and to expend such sums of money from the town road and bridge fund as the town board deems necessary. It also provides that the town "may acquire by purchase, gift, or eminent domain proceedings, as provided by law, all necessary right of way for such roads . . . " Prior to the acquisition of the land, however, the township must proceed to establish the road by one of two methods. First, under M.S.A. Section 164.05 the town board, "... when thereunto duly authorized by a vote of the elec- tors at any annual meeting, or at any special meeting called for that purpose, may establish or alter a town road by resolution, and may acquire such right of way as may be necessary for such road by gift, purchase or eminent domain proceedings as provided in Chapter 117 and acts amendatory thereto." Second, under M.S.A. Section 164.07 the town board, at a special hearing called therefore, upon petition signed and filed by not less than eight voters of the town owning property within three miles of the road proposed to be established, shall determine whether to grant or refuse the petition and if granted shall assess the damages of each claimant specifying the amount to be awarded to each. The Board shall, however, determine the value of benefits acquired and deduct this figure from the assessed damages. If the board denies the petition, an appeal may be ♦ } made to the district court. On the basis of the foregoing, it is my opinion that the town board may act under either of the two above -mentioned methods for establishing the town road and after having accomplished this may in turn acquire the property by condemnation under the eminent domain provisions of M.S.A. Chapter 117. LMS/dr LAW OrFICEs LUTHER M. STALLAND SU1Tg 2340, RAND TOWER MINNEAPOLIs 2, MINNESOTA P.AUL H. $AUOE August 27t, 1962 Mrs. Alyce Bolke 1365 Deerwood Drive St.Paul 11, Minnesota Re: Eagan Township Dear Alyce, I am herewith enclosing a letter suggested by Bob Rosene to be signed by you people at the end of Deerwood Drive involved in the proposed cul-de-sac. Each property owner and his wife that are involved in this should sign the enclosed letter and itshould then be presented to the Board at its next meeting at which time an appropriate Resolution can be adopted to permit the Town to go ahead with the necessary construction. LMS:dr Encl. FE e-e8et ♦ ♦ August 29M, 1962 Board of Supervisors Eagan Township Dakota County St. Paul 11, Minnesota We, the undersigned, all being owners of property contiguous to the Easterly extremity of Deerwood Drive, Eagan Township, as presently cox ituted, do hereby request the Board of Supervisors to grade a at the said Eastern most end of said road to the extent and for the purpose of permitting school buses to turn around at this point. We do hereby expressly grant permission unto the Board of Supervisors to work upon our continuous land for the purpose of making such installation including the use of such portions of our properties as may be necessary in the construction cf said e414-4e- aRe. We do hereby further expressly waive any claim for damages arising out of such construction or for the use of said properties for said purpose. It is understood that in the event that said road shall be ex- tended to the East at some future time, the township may remove said cue-eac so as to properly improve the extended road. Respectfully submitted, LAW OFFICES LUTHE1 M. STALLAND SUITE 2340, RAND TOWER MINNEAPOL.IS 2, MLNNNESOTA PAUL H. HAUGE January 15, 1962 Board of :supervisors pagan Township St. Paul 11, Minnesota Re: Road in Post's Addition Number 1 Gentlemen: I was asked to determine from the records of the Register of Deeds of Dakota County the name of the road which is in the plat "Post's Addition Number 1" and which runs parallel to High- way No. 13 and immediately to the east of Highway No. 13; Also, whether or not said road was dedicated to the township and whether the township ever accepted the road. The Register of Deeds has informed me that there is no name attached to this road according to his records. He indica- ted, however, that the road has been dedicated t he use of the public and that the approval by the township e plat is suf- ficient formal acceptance. very ttu LMS: dr FE 8-8361 Luther M. S t a l l a n d ATTORNEY AT LAW 2340 Rand Tower Minneapolis 2, Minnesota August 10, 1961 Board of Supervisors Eagan Township St. Paul 11, Minnesota Re: Road Improvements an Assessments Gentlemen: This letter is intended to be a revision of my opinion writ- ten on June 170, 1961, concerning the procedure required for making road improvements and assessing the cost thereof to abutting proper- ty owners which has arisen with particular reference to Nelson's Valley View Addition. An amendment passed during the 1961 Legislative session now permits townships to qualify under the provisions of Minnesota Statutes Annotated Sections 429.011 to 429.111 providing for special methods ibr local improvements and assessments. Three methods appear to be available under this chapter: 1. Whenever all owners abutting upon any street intended to be improved shall petition the Town Board to construct the improvement and assess the entire cost against their property, the Board may without hearing adopt a resolution determining such fact and order the improvement. 2. Upon the filing of a petition by the owners of not less than 3596in frontage of the real property abutting on the street, the Board shall hold a public hearing on the pro- posed improvement following two publications a week apart in the newspaper of a notice stating the time and place of the hearing, the general nature of the improvement, estimated cost, and the area proposed to be assessed. Other requirements under this method include that the Board secure from the town engineer a preliminary report advising the Board whether the proposed improvement is feasible and how best to accomplish it. Further, notice must be mailed to each owner of property intended to Le assessed whether abutting on the street or not, 10 days before the hearing. Under this method a mere ma- jority voteof the Board is necessary to issue the resolution ordering the irprovements. 3. The third method is similar to that; of the second except that the Board may determine whether to hold a hearing on the improvements without the filing of a petition by the property owners, and then following the hearing may adopt a resolution calling for improvement upon a 4/50s vote of the members of the Board. Alter the Board has determined that the improvement is to be made and after plans have been prepared and approved, the Board may advertize for bids if the estimated cost is over $5,000 or it may order the work to be done by day labor either by the use of municipal Equipment or by means of hiring outside equipment. The cost of the work done may be assessed upon the property benefited by the improvement based upon the ber.efits received, whether or xct the property abuts on the improvement, The municipality may also pay for part of the cost directly. The clerk together with the town engineer or other qualified person shall calculate the proper amcu:: to be assessed for the improvement against every assessable '_o; without regard to cash valuation. Then the Clerk shall publish notice that the Board will meet to consider the proposed assessment. This notice shall be published in the newspaper once and also be mailer to the owner of each assessed parcel of land, at least two weeks prior to the Board meeting„ At the meeting, the Board shall hear and pass upon all objections to the proposed assessment and may amend the assessment as it deems proper. The assessment will then become a lien against the property together with the general taxes Them_+."ore, on the basis of these findings, although any one of L e _ three proposed alternatives may be used to carry out the road i'orove- meats, the third method would appear to offer the best approach provided the necessary 1;/5tns of all members of the Board assent to the improve- ments, Yours very /l r, Luther M, Stalland IRS: dr 1.04-4 A.J/C�r//// Ayl /��j�y i. •f LAW OFFICES LUTHER M. STALLAND SUITE tdieo, RAND TawER MINNEAPOLIS 2, MINNESOTA June 17, 1961 Board of Supervisors Eagan Township St. Paul 11, Minnesota FE 6-8361 JUN 2(1^- 1 Re: Road Improvements and Assess- ments Uentl.emen: The question of procedure for making road improvements and assessing the cost thereof to abutting property owners has arisen with particular reference to Nelson's Valley View Addition. The power to improve roads is given to the Town Board by M.S.A. Section 368.69 which provides as follows: "The Town Board may cause any part of any town road or alley to be paved or otherwise improved upon a petition signed by the owners of at least two-thirds of the land fronting on any town road or alley which is proposed to be paved or otherwise improved; and upon petition signed by the owners of at least two-thirds of the lands fronting on any public road or highway where it is proposed to construct, repair, or re- build any sidewalk, curb, or gutter, such town board may cause any such sidewalk, curb, or gutter to be constructed, repaired, or rebuilt as hereinafter provided." This chapter also sets forth the method of assessment, the man- ner of financing, etc. The immediate stumbling block however, to the use of these additional powers is found in Section 368.33 which pro- vides that the electors must adopt these additional powers for the Town Board by a majority vote at either the annual meeting or a spe- cial meeting called for this purpose. Therefore at this time the Board of Supervisors has no power to assess the cost of such road improve- ments against the adjoining lands. Assuming such an election were held with a favorable vote, the procedure then would be that at least two-thirds of the land owners fronting on any town road or alley which is proposed to be paved or otherwise improved would sign and present a petition to the town board. Thereafter the Board acts upon the petition by resolution which must set forth the names and addresses of all the property owners fronting on such road. Copies of this resolution are then served upon all the adjoining land owners after which a public hear- ing is held on the petition. Final action on the petition, however, is up to the Town Board. After the improvement has been made an addi- tional hearing is held to ascertain the amount of benefit to the Board of Supervisors Page two Eagan Township property fronting upon the completed improvements which determination in the final analysis is likewise made by the Town Board. The assess- ment is then made and project orders issued for the payment thereof. With specific reference to the Valley View Project, it should be noted that the power to improve only refers to town roads or alleys. Since the roads in Valley View are not town roads, at this point it is my opinion that the Town Board, even if granted the power by the elec- tors, would not have the power to improve nor levy assessments there- fore on these roads. A possible solution would be for the Town to take over these roads as they are and then improve and assess upon the understanding with the property owners that the required two-thirds would be in favor of the levy. Yours very truly, uther M. Stalland LMS:dr FEB 7 1961 rebruary 7, 1961 Board of auperviaora oagan Township Route a1 at. aaul, iainne ota ite: .:atabiiahmeent of '%'own aoada Gentlemen: II i The &specific question has been raised -#,o dower and authority of the Town Board to condemn property between Highwai 049 and the Milo. Waukee tracks across proaerty owned by a-rra and Mrs. Be so as as to per. sit adeauaate access to the Frank Mee. ,-prisye�rty upon whi n it is preposed dooOrchard .Ingersoll will construct an dustrid1 plant. Under i4. S.A. (Misuaesota atatuteaa :annotated) , on 117,t9 and .section 164.02 et seq. a town does }save the .rover to coaydgmn ty for the ourlaose of es- tablishing a new town road pursuant,procedure act forth in Chap- ter 164. M.O.A. section pro in cart $ follows: / "::section 1644,----a, a. $ubdii of ; "Urn N. •.ny town board may :alter or vacate a to road a `'' .stab a new road in its town upon a ,petition of no leas than t voters of the town, who own real estate, or oacu? erta der the homestead or preemption laws or under contract h the te, within three smiles of the road proposed to to est abe altered, or vacated; provided, that in any not having eight voters who own read. eaatate or occupy real 11 ester under the mestsaad or preemption lava or under contract with the te, within three miles of any proposed road, the town board of town smey�o a�ter or vacate a town road, or establish a new road the to pon a petition signed by u loss number of voters of such ---whO real acetate or occupy reel eaJtate under the home- stead or preemption laws or under contract with tho state, in such town. such petition .,41.11 contain a description of the road, and what part thereof ins to be altered or vacated, and if a new road, the nixes of the owners of the land, if known, over which such roars is to ; aea, its point of beginning, general course, and ter- mination." In other words the Town c3oerd cannot of itze own volition initiate proceedingo for the eastabliehnent of a new roadway such as this. The proaer procedure is for eight resident i.oroplorty owners and votera of the township to aigrt a petition requesting the establishment of the new road. xetrrury 7, 1961 0 ken Towns. Route#1 Wit. aul, ? innesota The specific question has been raise of the Town Board to condemn property between waukee tracks across property owned mit adequate access to the Frank R Oxchard-Ingereoll will. construct Winmesota Statutes Annotated) a town does have the power to tahliahi»a a now town road purse ter 164. M. a. A. Motion. §11 pro maiection 164,( . :ubdi or vacate wn road and authority and the Mil- s() as to per- it is proposed r M.a.A. 164.02 et seq. pose of ea- forth in Chap- o owes town board may in its town upon tion of no l hht voters of t+ a town, who own rural or oceup ITT der a Mate or preemption laws rs of the road or vacated; provided, that in r tE�r8 wiio ow: real. estate or occupy real d or preemption laws or under contract with es of any proposed road, the town board or vacate a town road, or establish a near petition signed by a lass number of voters of such estate or occupy real estate under the home- etead or preesaptivr laws or under contract with the state, in such town. Such titian contain a description of the road, sad what part thereof in tee byes altered or vacated, and if a new rose!, the names of the o.e srs of the land, if known, over which such road is to pass, its point of beginning, general course, and tar- minatian. " In other words Tc proceedingo for the eat€b prroyer procedure is township to sign a petition its own volition initiate way auch as this. The owners and voatera of the the establishment Jf the new road. Board of Supervisors -agtn Townohi p Page Two The petition should set forth clearly the proposed oorraencement and termination rights of the road and an accurate legal description of the property can be covered thereby. ,after presentation Jf the peti- tion the Town Board had 30 days within which to sot a time and place where the Heard will meet and act upon the petition. Jther procedures as set forth in this statutory section provide the setter iu which the eetebllehnent of the new road, the awarding of damages, etc. will take place. It is ay opinion that, upon the presentation a proper peti- tion, the Beard of Supervisors would have the right ,o eatabl.eh a new roadway on the proposed situation. Yours vet: ..eta ..laud Board of Supervisors Huge Two .ogran Township The petition Should set forth clearly the proposed commencement and termination rights of the road and an accurate legal description of the property can be covered thereby. After presentation of the peti- tion the Town Board had 30 days within which to seta time and place where the Board will Meet end act upon the petition. Other procedures as set forth in this statutory section provide the cutter in which the establishment of the new road, the awarding of damages, etc. will take place. It is my opinion that, upon the presentation ofa proper peti- tion, the Board of Supervisors would have the right' to eotab1iah a new roadway on the proposed situation. Tours UlS: dr NOV u.wv A. Aso Board of supervisors Lagoa Township Route al t. aaul 11, i4inneaota 1960 ke: Oediaation of reads to Township uentleaen: The question has come up on aeveral occusionsa as to the procedures to be followed by the Board with regard to plata submitted for approval and the redponeibility upon og,sroval of the To ,hip for the saintenance and improvement of the roads set forth in the plat. .ec:. 505.01 provides ass follows: "Plots of land may be mode in accordance with the provisions of this chapter, and, wren eo mode and recorded, awry donation to the oublic or any perion or corporation noted thereon shall operate to convey the fee of all land do donated, for the uses and purposed named or intended, with the assume effect, upon the donor and his heirs, and in l vor of the done*, as though such land were conveyed by #arraanty 4.eed. Land donated for any >ublic use in any mun_ci;lity shall be held in the corporate name and trust for the purposea :aeet forth or intended." Under this section the ,ttorney Ueneral has considered the obligations of the township with respect to plat approved by its Hoard of apervisore. Ho has stated (0p. ..tt. Gen. 377aa-4, June 17, 195?) that the fact a plat Wowing the streets is approved by the County Board does not mean that the tewpahip has any duty to improve the street and the town soy choose its Ole time to occupy, open and use the streutas. Further„ the attorney aemeral (0 p. att. Gen. 377b-10 (h) June 14, 1957) has stated that the appearance on a plat of a road dedicated to public use does not iw u e on the town the duty to maintain the road worely because of the dedication, and un1esa the owner has attached to the dedication of the road a condition that the town establieh and maintain the read, the town is apt required to de ea. As w have previously didecus;ded, the practice of the Town Board over a period of many years has been to approve plata submitted conditioned that the owner thereof fire! establish the roads for which the township would sseame the responsibility if such roads were installed in a ccorcianoe with reasonable road construction standards as laid down by the Board. October Board of supervisors yagaan Township Route ,l • aaul 11, ainnedota Gentlemen: ee icaation of roads to lewnship The question has come u,, on aeverel oceaaaionti axes to the procedures to be followed by the Board with rem to plats sub:aitted for aaparoval and the ree onasibility upon sp :roval of the Township for the maintenance and improvement of the roads set forth in the plat. M..... ::ec. 505.01 provides as follows: "Plata of land may be made in accordance wine the provisions of this chapter, and, wnsn so made and recorded, every donation to the public or any pardon or corporation noted thereon shall operate to c:anvey the fee of all land aao donated, for the unee and purposed named or intended, with the same effect, upon the donor and his heir$, a and in fivor of the donee, as though such land were conveyed by 4arranty Deed. Found donated for any )ublic use: in any mun cipaality shall be held in the cor?orute name and trust for the puroosea3 set forth or intended." Under this section the Attorney General has considered the obligations of the township with respect to plat approved by its Hoard of fJupervissorn. He has stated (Op. att. Gen. 377-K-4* June 17, 1937) that the fact a plat showing the streets is approved by the County Board does not mean that the township has any duty to improve the atreet and the town may choose ita oen time to occupy, open and use the streets. Further, the attorney General (Op. i'tt. Gen. 377b-1O (h) June 14, 1957) has stated that the a aappsaarance on a plat of a road dedicated to public use does not iepode on the town the duty to maintain the road merely becau: a of the dedication, and unless the owner has attached to the dedication of the road a condition that the town eitaablish and maintain the road, the town is not required to do ado. as we have previously di,aeuaaed, the aractice of the Town board over a period of many years has been to approve plata submitted conditioned that the owner thereof first establish the roads for which the township would a deua a the reeponaitility if such roads were installed in accordance with reedon:able rood construction standards a e laid down by the Board. t3oard of upervieoorn ;.agan o.inship Route W1 raul 11, i innesota Naturally the minutes of the hoard meeting where plats are oubmitted Should be drafted in such a way as to clearly set forth conditions upon which the township will assume res)onaibility for the roads after once estr bliahed. the Hoard may also, Where the plat indicates dedication, require the owner of the pro )orty to post bond conditioned on the com- pletion of the roads in ucc .rd:>nce with certain specifications which should be standard through the township and limit the time within which such wade would be completed. 4 law the County Board of Coeaeie3rsionerzt controls the regulation of plata and approval thereof in the entire county to which the township is subject. You will recall that the County Commissioners have recently adopted a platting and subdividing ordinance which specifies that the Torn Board may require a bond an outlined above. In the future, there- fore, 1 would suavest that when plans are presented for final approval the minute& of the meeting clearly reflect upon what basis the township will assume the roads and that bond be required to be posted by applicant at that true. Yours very truly, Luther H. atelland P4ttorney at .law 1400 kand Tower €4inneepoli. 2, Minnesota L.i.4 s dr board of Superrieoru zAlgan Township Route 11 at. iaul 11, eiinneeota Naturally the minutes of the Board meeting Where plata are submitted Should be drafted in such a way as to clearly set forth conditions upon Which the township will assume resti;;ooncsibility for the roads after once established. The Board may also, Whore the plat indicates dedication, require the owner of the property to post bond conditioned on the com- pletion of the roada in accordance with certain specifications :which should be standard through the township and limit the tie within which such roads :could be completed. By law the County Board of Commissioners controls the re 1 Lion of plata and approval thereof in the entire county to which the township: is subject. You will recall ttet the County Commissioners have recently adopted a platting and subdividing ordinance which Specifies that the Town Hoard may require a bond us outlined above. In the future, there- fore, I would suggest that when plats are preeented for final a;> roval the winutee of the meeting clearly reflect upon what basic the township will assume the roads and that bond be required to be posted by applicant at that time. Yours very truly, Luther R. otallead .attorney at Lau 1400 Rand Tower Minneapolis d, Minnesota Laildr • NV 1 1960 uctober 31, 196o Board of supervisors Zama Tow eehip Route #1 Wit. dul 11, Mlnttetsota :yea Juvenile rttreats in '4waat i: asatlea ers The queatieai has been raised by the .'own' o Coeat*bie as what official rrocedures should be followed in the case of arrests of minors in the township for traffic and other violations, with particular re- gard to the Issuing Ordinance iio. IX. M.B.A. See. 260 et. seq. defines a child as a person under the age of 18 years. No child eta he arrested and task** inty custody in the fashion of Ult adult. N.B.A. See. 2t0.165 provided ao follows: 260.16, Taking gild into Custody vubdiviaton 1. No child may be taken into immediate custody except: (a) 4ith an order issued by, the eovrt in accordance with the ?rvvteiwanr et station 260.135. subdivision ga or by a warrant issued in seeerdesee with the previsions of emotion 0.145; or (b) in a►ocordanee with the laws relating to arrests; or (c) By a peace officer (1) When it is reasesably believed that a child has run away front his passaattes gmerdias. or custodian, or (2) When A child is fiend in +sw►'Idings or conditions which encloser the child's health or welfare; or (d) ly a peace officer or probutiaan or parole officer when it is reasosrably believed that the child brut ,vioir+ted the tares of his probation. parole f sr other field eupervision. aubd. 2. The Waitaki of a child into custody under the ;,rovi- aaions of this section shall not be considered en urreotu. Laws 1959. c. 685, i 24." The "court" referred to in this section means the ?rebate Court of Dakota County. ;ta to traffic offenses. M.Q.A. Bee. dov.193 provides in port, as follows; "260.193 Juvsaile 'rt*ffic offender; prooedureati Dispositions Subdivisica 1. h chili who viola►tee a Mate or local traffic law, ordiaamee. or regulation, shall be a djudieated a 'juvenile 6c),/)..../1",;,z cr-1,/1_, icctober $1, Board of aupervir ors La,n Township Route 4f1 St, Paul 11, jinn cio to N O V' .1 6O rer Juvenile nrr^e:sts in Township Gentlemen t The question has been raised by the Town's Constable as what official procedures should be followed in the case of arrests of minors in the township for traffic and other violations, with particular re- gard to the 'awing Ordinance No. IX. 26a st. seq. defines a child as a person under the age of 18 years. No child can be arrested and taken into custody in the fashion of en adult. tl. .a. sec. 260.165 provides as follower 260.165 Taking Child into Custody rubdiviesion 1. No child say be taken into immediate custody except: (a) with an order issued b„ the court in accordance with the ?rvvieioua of section 260.135, erubdivieion 5, or by a warrant issued in accordance with the provie lone of section 260.145; or (b) In accordance with the laws relating to arrest ;; or (c) By s peace officer (1) ahen it is rewmonably believed that a child hae run away from his parents, guardian, or custodian, or (2) When ea child is found in eurraundinvrra or conditions which endanger the child's health or welfare; or (d) By a peace officer or probation or parole officer when it is reaaonably believed tact the child 1as.violated the taros of his probation, parole, or other field supervision. bubd• 2. The takings of a child into custody under the provi- sions of this section shi11 not be consiuered an arre: ts. Laws 195), c. 635, a 24.,' The "court" referred to in t _ s auction wry the .'robate C.iurt of Dakota County. as to traffic offenses, 6..o..n. Sec. 4'ay.193 provides in part, as follows* "260.193 Juvenile Traffic offender; 'rocedams; dispositions aubriivl.siun 1. n child who viulatea a estate or Local traffic law, ordinance, or regulation, aht11 be adjudicated a 'juvenile L I1 �J Soard of dvpsrvisors Leon Township :route el St. Paul 11, Minnesota traffic offender' and shall not be adjudicated delinquent, unless the court finds as a further fact that the child is also deliaqusnt within the meaning and purpuae of the laws relating to juvenile courts. aub1. 2. When a child is alleged to have violated any state or local traffic law, ordinance, or regulation, the iieace officer sokinj the charge shall file a signed copy of the notice to appear, as provided in 'section 169.91, with the juvenile court of the county in which the violation occured, and the notice to appear as the effect of a ,petition and gives the juvenile court juris- diction " The procedure therefore as to how the Constable of the £o:+nship Would handle child arrests is simply to obtain the child's name and addieos and file the notice to appe *r with the erabate Court, Dakota County. The torso of ticket to be used in the case of arrest is to the serve extent as specified in M. i. a. Sec. 167.91 except that the notice, as stated above, is filed with the Probate Court rather than with the local justice or magistrate. LMa;dr Yours very truly, Luther K. atalland r.ttorney at Law 140J Rand Tower Minneapolis 2, Ainneaota Board rd of . uperviuors pagan To chip mute -1 St. emu' 11, Ainnedota traffic offender' and stall not be adjudicated delinquent, unless the court find$ es a further fact that the child is also delinquent within the meaning and purpose of the laws relating to juvenile c©urta. aubi. 2. when a child is alleged to have violated any state or local traffic law, ordinance, or regulations the peace officer making the charge shall file a signed copy of the notice to appear, as provided in section 169.91, with the juvenile court of the county in which the violation occured, and the notice to appear as the effect of a petition and gives the juvenile court juris- diction . . . " The procedure therefore as to how the Constable of the Township should handle child arre.ta its simply to obtain the child's name and addreos and file the notice to appear with the t:robate Court, Dakota County. The form of ticket to be used in the case of arrest is to the sane extent as specified in M.4.:.. a.e. 16..91 except that the notice, as stated above, is filed with the Probate Court rather than with the local justice or magistrate. Yours very truly, Luther K. atallsnd Attorney at Law 1400 Rand Tower Minneapolis 2, Mine to Hay loth, 19( . Hoard of :>uperhi3ors Eagan TOwnsbir Route 1 St. Pau]. 11, Minnesota Rs: Rpoollimpaent o.eao.oento Gentlemen: You have requaaled My opinion os to specifically Whether the cost of err i rat in >rovementi; can be amsonood a ;aainnt the adjoining property benefited thereby. In apite of the fact that 'Logan Township and tt:o I3ocar4 of ,ru .erv::rors por3F:vesa certain 2owers of villages and otherwise in exceso of those granted to outlying r'ownships, I can find no specific &uthorit;i by tL tuts or othemiise zronting to ,. e .` `?ownohip the power to leery special asoesement8 against inst ,private property. .:sere are certain To,gaiohipa in the :Auto which do havo thin power Out they ore ! 0tln&ttipe which fall within the neanino of 2inne.3'ota .:,tatute:a .":> t>.ototod section 368.61 which provides as failowu: `:..e Town Board of any Town in ttiim :Mute, situated witnin a County having a City of the first o1azss and now or here- after having a population in oxc4:A. of 4X),u►.a:;, or the Towat Hoard of apy Tbase bordering on any City of the second close, shall rove, in adoption to the powerc now vested in such Total Board by law, the following powers: :section 566.69. :ire own i d any cuune any part oY any town rod or ._i10 f to its }z4 iel ar cat er vi L e i:.1., z ovod a on e petition ; i.i ned by the ownere of at least two-thirds. of the land fronting on any town road or alley which is aroj oa:ed to be oavcd or otherwise improved; and upon ui6ned by the oonero of at leaot two -third of the ianda fronting on uny publio .road or highway where it 13 1ropoeed to cvnvAra.:ct, rtvalr, or rebu tld uny sidewalk, oust, or gutter, such town Board may osxuoo uoy ouch sidewalk, curb, or gutter to be countructe:i, repaired, i, or rebuilt as iureinuf ter ;,)rovidred. A°' 171960 flay 16th, 1960 iiourd of . u ;ereisorrs eezen Township Route 1 et. ? ul 11, Minne ote Re: i Icier°ve ent Aeossamenter aent1emen: fou have re:fueatcd my opinion as to epecitically whether the coat of veeent irt_,ro eklent ; can be asseeoed aeainet the adjoining property eerie ; ited teereby. in seite of the feat that i.agen `iown hip and its Board of .,uperrisora IJOW01118 certnin powers of vil leees and oth* rei.se in excess of those &rixited to outlying 2ownships, 1 aan find no apecific uuthority he etz tote or otherwise . minting to rAzall Townehiethe ,vier to levy special esoeuseents senina private property. elere are certain Toenabips in the :.:trite which do have tide poser but they axo 7o+.rnahipa which fall within the neaninG of Minneeota .',tatutee ennoteteo Uectitin 368.61 w ioh provides as folio ee "elle own Board of any l'own in this snits, situated witein a County having a City of the first clan and now or here - aster having a population in oxceac of Z50,000, or the Torn Board of any Town bordering on wq City of the second clasp, neel t have, in addition to tie powers now vested in such Toles Homed by law, the following powrs; ::action 368.69. The Town board may cause any ;art of any toen road or alloy to be ;awed or othes'ri eo i:;; i moved uj on e j:ctitiou oigned by the awneru of at leezt two-thirde of the lend frontine on any toen road or 1le; elJeeL is ;ro;oued to be ;laved or otherwise improved; and upon petition pissed by the :1,Aler of et leeet two -third.: of the lends fro:zting on uny public road or highway where it is pro oz ed to eoeetrect, reeee, or . eULUd eelyr nidewalk, curb, or ;,-utter, such town bo rd c aj c uou w r zilch sidewalk, curl, or gutter to be c;.;aetructed, rcee rel, or rebuilt as hereinafter ter or ovided. 19 ::section 368.75. The entire coats of making eny of the improvements provided for in nection 368.69 together with cil ex en:aesa incurred in connection therewith shall be a premed nnairsst all of the land benefited according to tho benefit of each lot, piece or pc rcel o 7 acid with out re;ar'i to cash valuation a , herein provided. * * * " Unless it can be said that Zagan Township borders on a City of the :second claw, we cannot come within the prow{ cions of the above quoted sstatute°. ``here is, however, one )odeibili.ty that nanan Township would have the power to so assess. This in found in Minnesota Statuten nnnotated erection 422.221 ::subdivision 6 which is a special power granted to Eannn To'..nehi beca:u:.e of its location and platted : roas which provides as follows: "The village council nhell have poner to inyy out, open, chance, ;ridon or x:ternd street ., al? e;; n, parks, nc;u::_roc, and other public ways aired grounds and to ;;trade, pave, repair, control, end reiz:tt in the :arse; to e>taablis h and acsaaint:ain drraina3, conaln, and cowers; to alter, widen or t trainhten water courses; to Inn, re aair, or otherwise improve or discontinue sidewalks, pates and croenn i1 ,. It Shell hs ve power by ordinance to re ;ui :te the use of streets and other public *round:., to prevent enonmbru ncen or obstructions, and to require the owners or occupaant8 of buildings and the owners of vucwit lots to remove any _non, ice, dirt, or rubbish from the side- walks adjacent thereto and in default thereon to cause such encumbrencee, obxstructione, or r uubntancea: to b removed and the cost to tn new:anon anniys t the .sronentn ate: eneciel t ee +ut." Under this provision, there are n vr,m: old cr.oes indicating that the village has the power to astesss the coat of street improvements adainst the property to be benefited. Althow2h the ase,sment appears to refer to the removal on the mentioned ob:structionz, I ,would oug, ;eet that we ros.ueet an opinion from the ,sttorney General on this point because of its importance in the future :with particular reference to the black- toppinc of Township roads and streets. nouns cry truly, Luther i . :.tall aLI. action 368.75. The entire coete of mabiu;? any of the improvements provided for in - oction 3 8.69 together with all e. penes ircure ed in connection therewith ehall byaoseseed a :,ainst all of the land benefited accordine to the benefit of arch lot, piece or eercel of land eitli out re heard to cash valuation as herein provided. . . , 2r Unless it can be o4d that Eagan Township borders oh a City of the eecond close, we cannot coce within the _jrovinions of the above quoted st tuteo. There is, however, one eoeeibility that ;a4a:a Township would have ths- power to so assess. This is found in Minns ota etetuteo Lrnot«tad :section 412.221 :iubdivision 6 which is a special power granted to Fels en Township becaueo of its location and ,plat o l t ro::s which proVidee as fol ovas "The villseee council shall have poser to lay out, open, chenti , Aden or o:-tena street:, k 1i¢;• ;, , ra.*i. �, :,:,u rc a:td other public waye aad zrounde and to ,;ride, pave, re t..ir, control, end eai! t.:d.r the z;: re; to ettcbltsh and meintaln drains, canal, mad :.44wors; to .;alter, widen or trai .ten etor cotzrn+• a; to 1a J , rer;cir, or otherwi ae improve or dieeoi.tinue sidewalks, paths and croasewe ke. It ellen. have power by ordinance to re; ul .the the use of streets and other public erounde, to prevent one: embra cee or obetructione, end to require the ownern or occupants of_buildinee and the owners of vacant lots to remove any mow, ice, dirt, or rubes h from the aide - walks adjacent thereto and in default ttsereo: to cause ouch enaurbrnnce ., obcstructione, or rube tencee to be rei. ved ands qq z eoethe yccost to b. *e• uased i net the eroaortt us, i seecial s&ont." Under thie erovieion there 're ecvern1 old orneo Indic tin , that the villada hoe the Dower to aueess the coat of street imisruvuuuonts eeeinst the property to be benefited. / lthou h the ftemeesment appears to refer to the removal of the mentioned obstruction::, I would ouggost that we request an opinion from the Attorney General on this point because of its importance in the future with particular reference to the bliiok- topping of Township roads and streets. Yoerm very truly, Luther e4 ate i and. ..:'uses LUTH ER M. STALLAN D ATTORNEY AT LAW 1745 RAND TOWER MINNEAPOLIS 2. MINN. November 16, 1959. Board of Supervisors Eagan Township Route 1 St. Paul 11, Minnesota Re: Milwaukee Railroad - Lexington Avenue Crossing Gentlemen, In accordance with the resolution adopted at the last Board of Supervisors' Meeting I contacted Mr. Eugene Bennett, one of the attorneys for the Milwaukee Railroad concerning the proposed installation of a flashing warning signal at the intersection of the Milwaukee tracks and Lexington Avenue South. Mr. Bennett was appreciative of the fact we had called him rather than proceeding with the filing of a complaint with the Railroad and 'Warehouse Commission. He stated that he would advise the Engineering Department of the request and that an investigation would be commenced immediately. This, he stated, would take from two to three weeks to complete which is the normal period in any event that the Railroad and Warehouse Commission would allow the Railroad before setting a date for hearing. In the event that the Milwaukee Railroad, after investigation and report, determines that the crossing does not merit the installation of such a signal, we will still not be prejudiced in filing a formal complaint and having the matter set down for immediate hearing in view of the fact that their investigation would then have been com- pleted. As soon as I receive word from the Milwaukee Railroad I will, of course, so advise the Board. LMS/eg FE 6.8361 IRVING W. BEAUDOIN PAUL A. THUET, Jr. JOHN J. TODD RAYMOND PAVLAK • • AT'CORNEYS AND COUNSELORS 210 SCHULT BUILDING SOUTH 5T. PAUL, MINNESOTA TELEPHONE GLENVIEW 1.1811 June 5, 1959 Town Board of the Township of Egan Re: Cedar Grove Addition Street Construction Gentlemen: With reference to the matter of construction of streets in Cedar Grove Addition, it is proposed that the following procedures be followed. These procedures have been successfully used by the Town Board of the Township of Inver Grove in the South Grove Addition, a similar development to the one being commenced in Egan Township. Following the registration of the plat, the engineers estimate the grade on the streets and the town board is then asked to accept the grade so estimated. After the acceptance of the grade, specifications are drawn up, and submitted for approval by the Veteran's Administration and the Federal Housing Authority. Upon their approval of the specifications,they are submitted to the Town Board, together with an agreement executed by our client and to be executed by the Town Board, together with a performance bond, guarantee- ing the completion of the road construction. The agreement in essence, provides for construction of the road in accordance with the specifications, without cost to the Town Board. Upon completion of the roads, and approval by the Township engineer, the Town Board accepts the road for perpetual maintenance. A copy of a road agreement used in Inver Grove Township is submitted herewith for your examination. Very truly yours, BEAUDOIN, THUET, TODD & PAVLAK JJT:ad 00 V October 20, 1959. Mr. Norbert U. Yanz Dakota County :auditor Dakota County Courthouse Hastings, Minnesota. Dear Fir. Yanz, In accordance with your form letter of September 21st, please be advised that at a Regular Meeting of the Board of supervisors on October 2Oth, 1959, a Resolution was adopted to revise the Road and Bridge Levy heretofore filed with you from ii13,000 to 514,000 in lieu of the one mill Dragging Levy repealed by the Legislature. U48/eg Yours very truly, BOARD OF SUPERVISORS EAGAN TOWNSHIP By (0-61.14 a i6/0 Clerk October 2u, 1959. Mr. Norbert G. Yanz Dakota County Auditor Dakota County Courthouse Hastings, Minnesota. Dear Mr. Yanz, In accordance with your form letter of September 21st, please be advised that at a Regular Meeting of the Board of Supervisors on October 20th, 1959, a Resolution was adopted to revise the Road and Bridge Levy heretofore filed with you from /13,000 to b14,000 in lieu of the one mill Dragging Levy repealed by the Legislature. Yours very truly, LO,LRD QY SUPwR i OkL EAGAN TWINSHIP Clerk LMS/eg