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 91-29 In Marshan Township
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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 November 1, 2022, to discuss the following:
• the legal strategy of accomplishing Dakota County’s acquisition of the property rights identified in Resolution No. 22-402 for County Project 91-29.
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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) 91-29; and
WHEREAS, CP 91-29 is a project by Dakota County which consists of the reconstruction of County State Aid Highway (CSAH) 91 (Nicolai Avenue) from 210th Street to Trunk Highway 316 (Red Wing Boulevard) in Marshan Township, and will also improve drainage and replace culverts, with construction scheduled for 2023; and
WHEREAS, the purpose of CP 91-29 is improving safety along the corridor, which will be completed by improving the roadway surface, adding turn lanes, and improving drainage; and
WHEREAS, Dakota County is the lead agency for CP 91-29 with right-of-way acquisition necessary in 2023 for construction to begin in 2023; and
WHEREAS, by Resolution No. 22-402 (September 20, 2022) 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 recommended improvements; and
WHEREAS, the County offered 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 November 10, 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. 492 as Parcels 7, 8, 9, 10, 15, and 16; 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 authorizes the County Attorney’s Office to proceed with the legal strategy for the acquisition of Parcels 7, 8, 9, 10, 15, and 16, 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