DEPARTMENT: Office of the County Manager
FILE TYPE: Regular Action
TITLE
title
Settlement Authority For Acquisition Of Certain Property Rights Necessary For County Project 78-10
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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 the Dakota County Board meeting of February 28, 2023, to discuss the following:
• the legal strategy of accomplishing Dakota County’s acquisition of certain property rights from Bette Mae Stapf identified in Dakota County Right of Way Map No. 475 as Parcel 17 for County Project 78-10.
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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
body
WHEREAS, in 2021, Dakota County (County) completed County Project (CP) 78-10 in Castle Rock Township to provide a safe and efficient transportation system; and
WHEREAS, CP 78-10 reconstructed County State Aid Highway (CSAH) 78 (240th Street) to a paved 2-lane highway from Highway 3 to County Road 79 (Blaine Avenue) in Castle Rock Township where the project improved safety and operations along the highway and upgraded the driving surface from gravel to a paved condition along the project corridor; and
WHEREAS, to construct the improvements, the County acquired certain property rights from Bette Mae Stapf identified in Dakota County Right of Way Map No. 475 as Parcel 17; and
WHEREAS, on February 21, 2023, 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 property rights identified in Dakota County Right of Way Map No. 475 as Parcel 17; and
WHERAS, after transmittal of the confidential memorandum, the County Attorney’s Office received an updated settlement offer from the landowner; and
WHEREAS, after review of the information contained in the confidential memorandum and additional discussion with the County Attorney’s office, the County Board determined a closed session was not necessary to provide settlement direction.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Attorney's Office to proceed with settlement of the acquisition of property rights identified in Dakota County Right of Way Map No. 475 as Parcel 17 in the amount of $57,700.
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PREVIOUS BOARD ACTION
None.
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