Legislation Details

File #: DC-3151    Version: 1
Type: Regular Action Status: Passed
File created: 2/14/2024 In control: Board of Commissioners
On agenda: 2/27/2024 Final action: 2/27/2024
Enactment date: 2/27/2024 Resolution #: 24-116
Title: Settlement Authority For Acquisition Of Certain Property Rights Necessary For County Project 46-57
Sponsors: Office Of The County Manager

DEPARTMENT: Office of the County Manager

FILE TYPE: Regular Action

 

TITLE

title

Settlement Authority For Acquisition Of Certain Property Rights Necessary For County Project 46-57

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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 Ronald and Linda Zeien, as identified by Dakota County Right of Way Map No. 505 as Parcel 4 for County Project 46-57.

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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, to provide a safe and efficient transportation system, Dakota County is proceeding with County Project (CP) 46-57; and

 

WHEREAS, CP 46-57 is the construction of a roundabout at the intersection of County State Aid Highway (CSAH) 46 (160th Street East) and CSAH 85 (Goodwin Avenue) in Nininger and Vermillion Townships; and

 

WHEREAS, Dakota County is the lead agency for CP 46-57, with right of way acquisition necessary in 2023 for construction to begin in the summer of 2024; and

 

WHEREAS, to construct the recommended improvement, the County must acquire certain property rights from Ronald and Linda Zeien, identified as Parcel 4 according to Dakota County Right-of-Way Map No. 505, as recorded in the Office of the Dakota County Recorder; and

 

WHEREAS, on February 16, 2024, 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 Parcel 4; 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 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. 505 as Parcel 4 in the total amount of $88,600.

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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