12/15/1971 - City Council SpecialMINUTES OF SPECIAL MEETING OF BOARD OF SUPERVISORS
TOWN OF EAGAN, DAKOTA COUNTY, MINNESOTA
December 15, 1971
A special meeting of the Board of Supervisors, Town of Eagan,
Dakota County, Minnesota, was held on December 15, 1971 at 6:30 o'clock
P.M. at the Town Hall, at which all members were present and appeared by
consent to said special meeting.
Chairman Klein presided and stated that the purpose of the
special meeting was to consider the request of IDS Properties, Inc.,
William Heine and John D. Sullivan for a rehearing on the application
to rezone approximately 24 acres situated in Section 4-27-23 from A,
Agricultural to C-2, Commercial because of the restrictions and limita-
tions placed upon the rezoning at the regular meeting of the Board of
Supervisors held on November 16, 1971; and in view of the subsequent
action of the Board of Supervisors taken at the December 7, 1971 meeting
and upon advice of counsel for IDS Properties, Inc. that the actions
taken by the Board of Supervisors on November 16, 1971 and on December 7,
1971 cast doubt upon the validity and legality of the rezoning.
Chairman Klein then stated for the record that he had a personal
interest in the outcome of the rezoning and thereupon removed himself
from the Board in the consideration of this matter. Thereupon Vice Chairman
Rahn presided over the meeting and requested the applicant to place its
request for rehearing.
Mr. Charles Hall, Senior Vice President of IDS Properties, Inc.,
appeared on behalf of the applicant along with Robert Silverman, Esq. of
the law firm of Dorsey, Marquart, Windhorst, West & Halladay, and presented
a letter from counsel pointing up the illegality and invalidity of the
proceedings regarding the basic rezoning and requested that theBoard
notice according to law a rehearing on the application for rezoning
for the purpose of considering the removal of the four restrictions and
limitations imposed by the Bow d through its rezoning resolution of
November 16, 1971; and clarifying and unconditionally ratifying such
rezoning to the classification C-2, Commercial.
Upon motion made by Supervisor Rahn and seconded by Supervisor
Uselmann, and unanimously approved, it was RESOLVED that the Town Clerk
be, and she is hereby duly authorized and directed to prepare and publish
according to law a notice of public rehearing on the application of
William Heine, John D. Sullivan and IDS Properties, Inc. to rezone
approximately 24 acres situated in Section 4-27-23 from A, Agricultural
to C-2, Commercial to be held January 4, 1972, at 8:00 o'clock P.M.
at the Town Hall.
There being no further business, upon motion made and seconded,
the meeting was adjourned.
Dated: December 15, 1971
Town C1~