DEPARTMENT: Office of the County Manager
FILE TYPE: Regular Action
TITLE
title
Settlement Authority For Acquisition Of Certain Property Rights Necessary For County Projects 26-54 And County Project 63-27 - Parcel 35 (35A, 35B, 35C, 35D)
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PURPOSE/ACTION REQUESTED
Hold a closed executive session.
SUMMARY
The Dakota County Attorney has advised that prior to closing a County Board meeting, pursuant to the Open Meeting Law, Minn. Stat. Ch. 13D, the County Board must resolve by majority vote to close the meeting.
RECOMMENDATION
recommendation
The County Manager has recommended that a closed executive session be held pursuant to attorney-client privilege during a special Dakota County Board meeting of February 27, 2024, to discuss the following:
• the legal strategy of accomplishing Dakota County’s acquisition of certain property rights from Lawrence Flannery and Linda Flannery identified in Dakota County Right of Way Map No. 471 as Parcel 35 for County Projects 26-54 and 63-27.
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EXPLANATION OF FISCAL/FTE IMPACTS
Fiscal impact will be discussed in closed session.
☒ None ☐ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, Dakota County (County) is proceeding with County Projects (CP) 26-54 and 63-27 in the Cities of Inver Grove Heights and Eagan to provide a safe and efficient transportation system; and
WHEREAS, CP 26-54 will expand approximately two miles of County State Aid Highway (CSAH) 26 (Loan Oak Road in Eagan, 70th Street in Inver Grove Heights) from Trunk Highway (TH) 55 to TH 3 from an existing two-lane roadway rural section to a four-lane divided urban roadway; and
WHEREAS, CP 63-27 will construct on a new alignment CSAH 62 (Argenta Trail) from CSAH 28 (Amana Trail) north to 65th Street and from 65th Street to old Argenta Trail (CSAH 63) to the north of CSAH 26; and
WHEREAS, to construct the recommended improvements, Dakota County must acquire certain property rights from Lawrence Flannery and Linda Flannery identified in Dakota County Right of Way Map No. 471 as Parcel 35 (35A, 35B, 35C, 35D) (Subject Property); and
WHEREAS, on April 2, 2022, the Dakota County Attorney's Office provided a confidential memorandum to the Dakota County Board of Commissioners explaining the legal strategy for accomplishing Dakota County's acquisition of the Subject Property’s property rights; and
WHEREAS, after review of the information contained in the confidential memorandum the County Board determined a closed session discussion with the County Attorney's Office was not required prior to providing the requested authority.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Dakota County Attorney's Office to proceed with settlement of the property rights identified by Dakota County Right of Way Map No. 471 as Parcel 35 (35A, 35B, 35C, 35D), as previously owned by Lawrence and Linda Flannery for a total global amount of $1,552,000.
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PREVIOUS BOARD ACTION
22-318; 7/19/22
ATTACHMENTS
Attachment: None.
BOARD GOALS
☐ A Great Place to Live ☐ A Healthy Environment
☐ A Successful Place for Business and Jobs ☒ Excellence in Public Service
PUBLIC ENGAGEMENT LEVEL
☐ Inform and Listen ☐ Discuss ☐ Involve ☒ N/A
CONTACT
Department Head: Matt Smith
Author: Jeni Reynolds