DEPARTMENT: Office of the County Manager
FILE TYPE: Regular Action
TITLE
title
Approval Of Legal Strategy And Authority For Acquisition Of Right Of Way On County Project 6-06 In City Of West St. Paul
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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 August 23, 2022, to discuss the following:
• the legal strategy of accomplishing Dakota County’s acquisition of the property rights from Joseph Coury (Parcel 1) for County Project 6-06.
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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 and the City of West St. Paul (City) are proceeding with County Project (CP) 6-06; and
WHEREAS, CP 6-06 is a joint project between Dakota County and the City of West St. Paul which consists of installing a roundabout at the intersection of County Road (CR) 6 (Thompson Ave) and County State Aid Highway (CSAH) 73 (Oakdale Ave); also included with CP 6-06 are mill and overlays of CR 6 (Thompson Ave) from TH 3 to TH 52 and CSAH 73 from CR 4 (Butler Ave) to CSAH 8 (Wentworth Ave) and construction is scheduled for 2023; and
WHEREAS, the purpose and need for CP 6-06 (“the Project”) is to improve the safety, efficiency, and capacity of the roadways and supporting infrastructure within the Project area; and
WHEREAS, Dakota County is the lead agency for the Project with right-of-way acquisition necessary in 2022 for construction to begin in 2023; and
WHEREAS, by Resolution No. 22-239 (June 7, 2022), the Dakota County Board of Commissioners authorized the acquisition of certain properties identified in the resolution and initiation of quick-take eminent domain pursuant to Minn. Stat. § 117.042, if necessary, to construct the recommended improvements; and
WHEREAS, the County offered the Landowners compensation based on the County’s approved appraised value for the parcel; and
WHEREAS, certain Landowners have not responded or are seeking additional compensation for loss or damages related to the acquisitions; and
WHEREAS, on August 17, 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 property rights identified in Dakota County Right of Way Map No. 502 as Parcel 1; 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 the legal strategy for the acquisition of Parcel 1 as set forth in the confidential memorandum provided to the Board.
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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