DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Approval Of Right Of Way Acquisition And Authorization To Initiate Quick-Take Condemnation For Multiuse Trail On County Road 4 Between Trunk Highway 3 And Trunk Highway 52, In City Of West St. Paul And Authorization To Amend 2024 Transportation Capital Improvement Program County Project 04-017
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PURPOSE/ACTION REQUESTED
Approve acquisition and authorize quick-take condemnation of right of way and amend 2024 Transportation Capital Improvement Program (CIP) Adopted Budget for County Project (CP) 04-017 in West St. Paul.
SUMMARY
To provide a safe and efficient transportation system, Dakota County is proceeding with CP 04-017 (see Attachment: Location Map), which consists of multiuse trail on County Road 4 (Butler Avenue), curb reconstruction, mill and overlay of street pavement, intersection safety improvements at the intersection with Sperl Street, and other improvements needed for compliance with the Americans with Disabilities Act. The existing trail gap is noted in the 2018 Dakota County Pedestrian and Bicycle Study as a high priority for future improvements.
Through an executed joint powers agreement with West St. Paul, design and construction of CP 04-017 is led by the City, with Dakota County leading right of way acquisition. Acquisition of right of way from 51 private parcels (Attachment: Acquisition Map) is recommended to proceed with CP 04-017. Valbridge Property Advisers has completed appraisals with a total appraised value of $111,000. Appraisal data has been provided to the County Board in a separate, confidential spreadsheet, as the appraisals are confidential, non-public data pursuant to Minn. Stat. § 13.44, subd. 3.
If timely acquisition by direct negotiation of all required parcels does not appear possible, staff recommends that the County Board authorize the County Attorney’s Office to initiate quick-take condemnation of the remaining parcels. Efforts will be made to negotiate agreeable settlements before and after the start of the condemnation process.
The appraisals and related expenses for CP 04-017 have exceeded the anticipated costs from the 2023 Transportation CIP Adopted Budget. An amendment to the project budget is required to complete the right of way acquisition process.
RECOMMENDATION
recommendation
Staff recommends approval of right of way acquisition and authorization for potential condemnation for the right of way necessary for CP 04-017.
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EXPLANATION OF FISCAL/FTE IMPACTS
The adopted 2024 Transportation Capital Improvement Program budget includes $71,400 for right of way acquisition (Attachment: Financial Summary). A total of $53,800 has been expended on the appraisals and other documentation. A budget amendment of $93,400 is requested to complete acquisition of all easements required for delivery of the project.
☐ None ☐ Current budget ☐ Other
☒ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
body
WHEREAS, to provide a safe and efficient transportation system, Dakota County is proceeding with County Project (CP) 04-017; and
WHEREAS, CP 04-017 is the design and construction of multiuse trail, intersection safety improvements, ADA improvements, and pavement overlay on County Road 4 (Butler Avenue) between Trunk Highway (TH) 3 and TH 52 in the City of West St. Paul; and
WHEREAS, Dakota County is the lead agency for right of way acquisition necessary in 2024 for construction to begin in the summer of 2025; and
WHEREAS, the County has been engaging residents on this project with open-house meetings in 2021 and 2023 and informational mailings; and
WHEREAS, the acquisition of temporary and permanent easement from 51private property parcels identified in Dakota County Right of Way Map No. 513 by the County is necessary to move forward with the CP 04-017:
Parcel # Property Owner Temporary (s.f.) Permanent (s.f.)
1 Valvoline LLC 1,090 0
2 EK Equities LLC 306 0
3 Westside Chiropractic LLC 172 0
4 James E & Anne M Wallner 757 0
5 Lisa Nicole & Anthonell 303 0
Aaron Williams
6 Ronald P Tste Woelfel 166 0
7 Ryan W Stevens 106 0
8 Laura L Carpenter & Pablo 61 0
Lopez
9 Mercedes K Conners 126 0
10 Thos G Derusha & 68 0
S Kopecky
11 Daniel & Kathleen Durbin 290 0
12 Jessica Thelan 110 0
13 Xeng Thao 113 0
14 Michael Schmalz 148 0
15 Jeremy Boedigheimer 67 0
16 Alonte Alexander & 171 0
Samantha Smith
17 Rose Maureen Youness 152 0
18 Lonnie LeTexier Jr. 240 0
19 Sabrina L Molina 242 0
20 Paul John & 199 0
Brittany Jo-El Rudoi
21 Justin D Dahl 106 0
22 Alan D & Donna Alfredson 179 0
23 Aaron Schmoll & 218 0
Alyssa Jean Gold
24 Lawrence & Marie 202 0
Rauenhorst
25 Philip & Jessica Baltazar 185 0
26 Christapher & Mariah Wilson, 86 0
Larry & Susan Lawrey
27 Alan W Neuenburg 268 0
28 Tracy Hilke-Kline 168 0
29 Ramon F Campos 91 0
30 Lakeith & Melissa Ford 94 0
31 Ann M Aegerter 182 0
32 James Paul Lehmann 260 0
33 Butler Rentals LLC 409 64
34 Baja Realty LLC 1,103 0
35 Benjamin W Heroff 346 0
36 Bee Vue & Neng Yang 713 0
37 Diaa N & Ellen G Shenouda, 531 0
Melad N & Teresa Shenouda
38 David & Pearl V Tstes Hallett 805 0
39 Diaa N Shenouda 170 0
41 Kenneth P Topp 103 0
42 Maria De Los Angeles 115 281
Baca Orozco
43 Edward E Hansen 0 527
44 Edward E Hansen 0 490
47 Ruben Lopez & 0 88
Ernesta Gallegos
48 Andrew Charles Franta 48 0
49 Steven Hudalla 120 0
50 Daniel J & Jennifer Masrud 154 0
52 Troy Badley 80 0
54 Karissa D Richardson 270 0
55 James R Jr & Raquel Stecher 135 0
56 Jessica Picon Ayala 81 0
; and
WHEREAS, the parcels have been appraised, and offers are being prepared for a total appraised value of $111,000; and
WHEREAS, the 2023 Transportation Capital Improvement Program Budget does not include sufficient funds for CP 04-017 right of way acquisition and a budget amendment of $93,400 is requested to proceed with right of way acquisition; and
WHEREAS, in the event that timely acquisition by direct negotiation of all required parcels does not appear possible, it is necessary for the County Board to authorize the County Attorney’s Office to initiate quick-take condemnation of the remaining parcels to allow for a summer 2024 start date.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the appraised values prepared by Valbridge Property Advisors for the acquisition of the right of way for County Project (CP) 04-017 and authorizes County staff, in its discretion, to share the appraisal data with the respective landowners, including all or portions of the completed appraisals as part of the negotiation process; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby approves the acquisition of right of way for CP 04-017 at the approved appraised values and, in accordance with County policy, authorizes payment from the 2023 Transportation Capital Improvement Program Budget; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Attorney’s Office to initiate quick-take condemnation of the remaining parcels to allow for a Summer 2025 start date in the event that timely acquisitions by direct negotiations of all parcels do not appear possible; and
BE IT FURTHER RESOLVED, That the 2024 Transportation Capital Improvement Program budget is hereby amended as follows:
Expense
CP 04-17 $93,400
Total expense $93,400
Revenue
Transportation Fund Balance $93,400
Total revenue $93,400
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PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: Location Map
Attachment: Acquisition Map
Attachment: Financial Summary
Attachment: Confidential Memo (Board only)
BOARD GOALS
☒ A Great Place to Live ☐ A Healthy Environment
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
CONTACT
Department Head: Erin Laberee
Author: Joe Morneau