DEPARTMENT: Office of the County Manager
FILE TYPE: Regular Action
TITLE
title
Approval Of Legal Strategy And Authority For Acquisition Of Right-Of-Way For County Project 32-65
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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 May 7, 2024, to discuss the following:
• the legal strategy of accomplishing Dakota County’s acquisition of certain property rights from Parcel 2, 3, 4, 5, 6, 10, 11, and 12, as identified by Dakota County Right-of-Way Map No. 516.
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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 (County) is partnering with the City of Inver Grove Heights to proceed with County Project (CP) 32-65 (Project); and
WHEREAS, the County is the lead agency for the Project; and
WHEREAS, by Resolution No. 24-111, the 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 Project; and
WHEREAS, the County offered the affected landowners compensation based on the County’s approved appraised value for the parcels; and
WHEREAS, certain landowners have not responded or are seeking additional compensation for loss or damages related to the acquisitions; and
WHEREAS, on May 1, 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 the property rights identified by Dakota County Right-of-Way Map No. 516 as Parcels 2, 3, 4, 5, 6, 10, 11, and 12.
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 Parcels 2, 3, 4, 5, 6, 10, 11, and 12 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