DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Authorization To Initiate Quick-Take Condemnation, Amend Contract With Kimley-Horn And Associates, Inc., And Amend 2026 Transportation Budget For Delaware Avenue And Butler Avenue Improvements In Cities Of West St. Paul And Mendota Heights, County Projects 63-33 And 4-18
end
PURPOSE/ACTION REQUESTED
• Authorize initiation of quick-take condemnation for Delaware Avenue reconstruction and Butler Avenue Safe Routes to School (SRTS) improvements, County Projects (CP) 63-33 and 4-18 (Attachment: Project Location Map).
• Authorize a contract amendment with Kimley-Horn and Associates, Inc. to complete final design services.
• Authorize amendment of the adopted 2026 Transportation Capital Improvement Program (CIP) Budget for right of way.
SUMMARY
Dakota County is advancing CP 63-33 (Delaware Avenue Reconstruction) and CP 4-18 (Butler Avenue SRTS Improvements) to support a safe and efficient multimodal transportation system.
CP 63-33 includes preliminary and final design, right of way acquisition, and reconstruction of County State Aid Highway (CSAH) 63 (Delaware Avenue) from Marie Avenue to Trunk Highway (TH) 149 (Dodd Road) in Mendota Heights and West St. Paul. The project modernizes the roadway, improves intersection and safety performance, upgrades drainage, and adds separated pedestrian and bicycle facilities.
CP 4-18, identified through the Dakota County School Travel Safety Assessment, includes new trail and sidewalk along CR 4 (Butler Avenue) between CSAH 63 and Manomin Avenue, improving safe walking and biking access to St. Joseph’s Catholic School, Heritage STEM Middle School, and surrounding neighborhoods.
Because the project areas are adjacent, CP 63-33 and CP 4-18 are being designed and constructed together. Preliminary design, public engagement, and right-of-way acquisition will continue through mid-2026, with construction beginning in 2027.
Right of Way Acquisition
Dakota County is serving as the lead agency for right-of-way acquisition for both project segments. Acquisition is required from 81 private parcels, as shown on the attached Acquisition Map. Henning Professional Services is coordinating the acquisition process. Appraisals for all parcels have been completed, with a total appraised value of $1,846,150. Offers were issued in phases between October 22 and December 12, 2025, with the offer to Somerset Country Club issued on March 10, 2026. Negotiations with property owners are ongoing.
Although staff continues to pursue voluntary agreements with all owners, it is possible that not all parcels will be secured through timely direct negotiation. To avoid delays to the project schedule, staff recommends that the County Board authorize the County Attorney’s Office to initiate quick-take condemnation for any remaining parcels as needed. This authority will allow the County to obtain possession in time to meet construction milestones while continuing good-faith negotiations before and after any filing.
Staff will continue working with property owners, Henning Professional Services, and the County Attorney’s Office to complete all acquisitions as efficiently and cooperatively as possible.
Contract Amendment
By Resolution No. 24-351 (July 9, 2024), the Board approved Contract DCA21933 with Kimley-Horn in the amount of $1,832,900 for design and right-of-way services. Staff is seeking approval of a $217,070 amendment, which would bring the total design and right-of-way contract for this project to $2,049,970. Based on the current construction cost estimate of $15,691,000, the total design effort-including preliminary design, final design, right-of-way acquisition, and construction support-represents approximately 13 percent of the estimated construction cost. This falls within the typical range of 10 to 15 percent for projects of similar size and complexity.
During preliminary and final design, several unforeseen complexities were identified that expanded the project scope and increased the required design effort. The construction duration has also been updated from one year (2027) to two years (2027-2028) to reflect the additional improvements. Expanded work items include substantial sanitary sewer and watermain replacement, pavement rehabilitation on Butler Avenue, additional retaining walls, trail and roadway modifications, and required utility relocations-all of which increased design complexity and effort.
To summarize the primary cost drivers included in the amendment, the grouped cost increases are as follows:
• Expanded utility design (sanitary sewer and Saint Paul Regional Water Services (SPRWS) watermain): approximately $95,000
• Additional roadway, drainage, and structural design needs: approximately $85,000
• Additional traffic, safety, and site-specific improvements: approximately $25,000
• Additional community engagement and plan revision effort: approximately $12,000
These added services are necessary to deliver a complete, coordinated, and constructible project in partnership with the Cities of West St. Paul and Mendota Heights, along with SPRWS. A detailed description of the negotiated scope increase is provided by Kimley-Horn (Attachment: Amendment Memorandum).
Budget Amendment
A CIP budget amendment is needed because the total of the appraised right of way value and the amended Kimley-Horn design contract exceeds the current programmed budgets for CP 63-33 and CP 4-18. Appraisals for all parcels total $1,846,150, and the amended Kimley-Horn design contract would total $2,049,970, for a combined need of $3,896,120. The total existing approved CIP budget for both projects is $3,013,119.89, resulting in a funding gap of approximately $883,000.
Right of way acquisition costs are expected to exceed initial projections due to ongoing negotiations on several larger remaining parcels that typically settle above appraised value. Only 15 percent of the $1.85 million appraised properties have settled to date. An additional $369,200 is recommended to cover anticipated settlement differences, title work, permit fees, attorney time, and potential condemnation proceedings to continue acquisitions through summer 2026 and maintain the current schedule for advertising in September 2026. The total amendment request is $1,252,220.
The recommended budget increases are $1,109,221 for CP 63-33 and $142,999 for CP 4-18. Of this amount, $217,070 supports the Kimley-Horn design contract amendment, with the remainder needed to support right of way acquisition activities.
RECOMMENDATION
recommendation
Staff recommends authorization for quick-take condemnation as needed, approval of a $217,070 contract amendment with Kimley-Horn (total contract not to exceed $2,049,970), and amendment of the adopted 2026-2030 Transportation CIP Budget to add $1,109,221 for CP 63-33 and $142,999 for CP 4-18, for a total budget amendment of $1,252,220.
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EXPLANATION OF FISCAL/FTE IMPACTS
To address increased design and right of way needs, the following budget amendments are requested:
• CP 63-33: Increase the project budget by $1,109,221, consisting of $942,838 from CSAH and $166,383 in City cost share.
• CP 4-18: Increase the project budget by $142,999, consisting of $121,549 from CSAH and $21,450 in City cost share.
Sufficient funds are available in the CSAH Transportation Fund Balance to support the County portion of the amendments.
Cost share contributions remain consistent with adopted County policy:
• CP 63-33: Roadway modifications, multiuse trails, pedestrian safety enhancements, and design will be funded 85 percent by Dakota County and 7.5 percent each by the Cities of Mendota Heights and West St. Paul.
• CP 4-18: Engineering, right of way acquisition, and construction will be funded 85 percent by Dakota County and 15 percent by the City of West St. Paul.
• Pavement overlay work in CP 4-18 is 100 percent Dakota County responsibility per County policy.
Amended Budget
CP 63-33: Marie Ave to TH 149 Reconstruction
Funding Source Total Budget Amendment Proposed Budget
Cities Contributions $ 390,000 $ 166,383 $ 556,383
CSAH $2,284,628 $ 942,838 $3,227,466
Total $2,674,628 $1,109,221 $3,783,849
Amended Budget
CP 4-18: CSAH 63 to Smith Ave School Safety Improvements
Funding Source Total Budget Amendment Proposed Budget
Cities Contributions $ 37,500 $ 21,450 $ 58,950
CSAH $300,992 $121,549 $422,541
Total $338,492 $142,999 $481,491
☐ None ☐ Current budget ☐ Other
☒ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
body
WHEREAS, to promote a safe and efficient transportation system, Dakota County is proceeding with County Project (CP) 63-33, County State Aid Highway (CSAH) (Delaware Avenue) Reconstruction, and CP 4-18, County Road (CR) 4 (Butler Avenue) Safe Routes to School Improvements, in the cities of Mendota Heights and West St. Paul; and
WHEREAS, to promote a safe and efficient transportation system, Dakota County is proceeding with County Project (CP) 63-33, County State Aid Highway (CSAH) 63 (Delaware Avenue) Reconstruction, and CP 4-18, County Road (CR) 4 (Butler Avenue) Safe Routes to School Improvements, in the cities of Mendota Heights and West St. Paul; and
WHEREAS, CP 63-33 will reconstruct CSAH 63 (Delaware Avenue) from Marie Avenue to Trunk Highway 149 (Dodd Road), including roadway modernization, intersection and safety improvements, drainage upgrades, and new separated pedestrian and bicycle facilities; and
WHEREAS, CP 4-18 was identified as part of the Dakota County School Travel Safety Assessment and will add trail and sidewalk along CR 4 (Butler Avenue) between CSAH 63 and Manomin Avenue to improve safety and accessibility for students and residents walking, biking, and rolling to nearby schools and destinations; and
WHEREAS, due to adjacent project limits, CP 63-33 and CP 4-18 will be designed and constructed in coordination with each other; and
WHEREAS, acquisition of the following 81 private property parcels identified in Dakota County Right of Way Map No. 515 is necessary to move forward with CP 63-33 and CP 4-18:
PARCEL NO 1 Kerry Kern & Lisa Kern
938 SQ. FT. (TEMPORARY)
PARCEL NO 2 Jeffrey R. Shandorf
1,138 SQ. FT. (TEMPORARY)
PARCEL NO 3 Michael J. Nicklawske & Kristen Nicklawske
1,228 SQ. FT. (TEMPORARY)
PARCEL NO 4 Roger J. Burke & Genevieve M. Burke
659 SQ. FT. (TRAIL)
1,945 SQ. FT. (TEMPORARY)
PARCEL NO 6 Monique A. Buursema & John C. Weikert
904 SQ. FT. (TEMPORARY)
PARCEL NO 7 Spencer McMillan & Breanna McMillan
12,455 SQ. FT. (TEMPORARY)
PARCEL NO 8 James P. Kolar & Michele M. Kolar
1,317 SQ. FT. (TRAIL)
6,723 SQ. FT. (TEMPORARY)
PARCEL NO 9 Brian Stevens & Jennifer Stevens
1,317 SQ. FT. (TRAIL)
5,083 SQ. FT. (TEMPORARY)
PARCEL NO 10 James E Joyce Jr Revocable Intervivos Trust dated 5/18/1999
1,501 SQ. FT. (TEMPORARY)
PARCEL NO 11 Lori A. Hollenkamp Trust u/a/d December 26, 2000
2,166 SQ. FT. (TEMPORARY)
PARCEL NO 12 Frank Hickey & Rhonda A. Teich Hickey
5,558 SQ. FT. (TEMPORARY)
PARCEL NO 13 Somerset Country Club
12,974 SQ. FT. (WALL)
42,336 SQ. FT. (TEMPORARY)
PARCEL NO 13A Somerset Country Club
13,296 SQ. FT. (TEMPORARY ACCESS)
PARCEL NO 14 Toby D. Schifsky & Joanne M. Schifsky
151 SQ. FT. (TRAIL)
478 SQ. FT. (TEMPORARY)
PARCEL NO 15 The Trust Agreement of Virginia A. Kahnert
301 SQ. FT. (TRAIL)
451 SQ. FT. (TEMPORARY)
PARCEL NO 16 David A. Hanson & Susan E. Hanson
300 SQ. FT. (TRAIL)
1,025 SQ. FT. (TEMPORARY)
PARCEL NO 17 Patrick T. Watson & Nicole M. Watson
301 SQ. FT. (TRAIL)
576 SQ. FT. (TEMPORARY)
PARCEL NO 18 Curtis A. Almberg & Raymond E. Guessford
301 SQ. FT. (TRAIL)
700 SQ. FT. (TEMPORARY)
PARCEL NO 19 Patricia M. Gitzen
301 SQ. FT. (TRAIL)
750 SQ. FT. (TEMPORARY)
PARCEL NO 20 Troy B. Davison & Debbie J. Davison
301 SQ. FT. (TRAIL)
650 SQ. FT. (TEMPORARY)
PARCEL NO 21 Justin L. Scott
301 SQ. FT. (TRAIL)
750 SQ. FT. (TEMPORARY)
PARCEL NO 22 Robert D. Lawler & Sandra M. Lawler
301 SQ. FT. (TRAIL)
451 SQ. FT. (TEMPORARY)
PARCEL NO 23 Alexis A. Berget
301 SQ. FT. (TRAIL)
626 SQ. FT. (TEMPORARY)
PARCEL NO 24 Kevin T. Martin & Angela L. Martin
361 SQ. FT. (TRAIL)
1,466 SQ. FT. (TEMPORARY)
PARCEL NO 25 Mark Perrone
361 SQ. FT. (TRAIL)
1,992 SQ. FT. (TEMPORARY)
PARCEL NO 26 Kent B. Crossley & Dee Ann Crossley
361 SQ. FT. (TRAIL)
1,141 SQ. FT. (TEMPORARY)
PARCEL NO 27 James J. Olson
361 SQ. FT. (TRAIL)
1,142 SQ. FT. (TEMPORARY)
PARCEL NO 28 Heidi A. Swank & Scott A. Swank
952 SQ. FT. (TEMPORARY)
SQ. FT. (TEMPORARY ACCESS)
PARCEL NO 30 Matthew D. Klein & Kristine Klein
1,814 SQ. FT. (TEMPORARY)
PARCEL NO 31 Anthony Charles Killian & Julie Marie Killian
460 SQ. FT. (TRAIL)
1,380 SQ. FT. (TEMPORARY)
PARCEL NO 32 David J. Fassler II & Brianna Havir
364 SQ. FT. (TRAIL)
1,186 SQ. FT. (TEMPORARY)
PARCEL NO 33 Corey Ploss
240 SQ. FT. (TRAIL)
360 SQ. FT. (TEMPORARY)
PARCEL NO 34 Corey Ploss
38 SQ. FT. (TRAIL)
58 SQ. FT. (TEMPORARY)
PARCEL NO 35 Dennis Todd Lee
400 SQ. FT. (TRAIL)
991 SQ. FT. (TEMPORARY)
PARCEL NO 36 Sarah Thomas
400 SQ. FT. (TRAIL)
1,451 SQ. FT. (TEMPORARY)
PARCEL NO 37 Sarah Thomas
677 SQ. FT. (TRAIL)
4,796 SQ. FT. (TEMPORARY)
PARCEL NO 38 Deidre Jewell
372 SQ. FT. (TEMPORARY)
PARCEL NO 39 Hayden N.Singer & Hannah M. Singer
652 SQ. FT. (TEMPORARY)
PARCEL NO 40 Kathryn Sanchez Bergeron
402 SQ. FT. (TEMPORARY)
PARCEL NO 41 Elizabeth F. Gunhus
487 SQ. FT. (TEMPORARY)
PARCEL NO 42 Thomas M. Solheid
625 SQ. FT. (TEMPORARY)
PARCEL NO 43 Wilbert P. Cuevas & Patricia Cuevas
16 SQ. FT. (TRAIL)
1,281 SQ. FT. (TEMPORARY)
PARCEL NO 44 Todd Van Heel
13 SQ. FT. (TRAIL)
648 SQ. FT. (TEMPORARY)
PARCEL NO 45 Suzanne R. De Young
676 SQ. FT. (TEMPORARY)
PARCEL NO 46 Geoff Chialu Chen & Jessica Grace Chen
151 SQ. FT. (TEMPORARY)
PARCEL NO 49 Mary Elisabeth Alm
125 SQ. FT. (TEMPORARY)
PARCEL NO 50 Juan Villanueva Delacruz & Jeannine Pohl
13 SQ. FT. (TEMPORARY)
PARCEL NO 52 Andrew D. Joy
405 SQ. FT. (TEMPORARY)
PARCEL NO 54 Alan R. Ellis & Brigid M. Ellis
430 SQ. FT. (TEMPORARY)
PARCEL NO 55 Daniel J. Huebl
61 SQ. FT. (TRAIL)
351 SQ. FT. (TEMPORARY)
PARCEL NO 56 Carrie Watts
751 SQ. FT. (TEMPORARY)
PARCEL NO 58 Patricia M. Spanier
150 SQ. FT. (TEMPORARY)
PARCEL NO 59 Olivia Lien
201 SQ. FT. (TEMPORARY)
PARCEL NO 60 Zachary S. Coates
SQ. FT. (NEW HIGHWAY)
400 SQ. FT. (TEMPORARY)
PARCEL NO 65 Juan Carlos Martin
100 SQ. FT. (TEMPORARY)
PARCEL NO 66 Mark G. Kirchner Revocable Trust dated August 19, 2005
1,175 SQ. FT. (TEMPORARY)
PARCEL NO 67 Warren Olson & Jean Olson
801 SQ. FT. (TEMPORARY)
PARCEL NO 68 Art Izaguirre & Cailin Miller
301 SQ. FT. (TEMPORARY)
PARCEL NO 70 Heidi R. Hubbell & Joseph G. Hubbell
300 SQ. FT. (TEMPORARY)
PARCEL NO 72 Steven Moeller
1,397 SQ. FT. (TEMPORARY)
PARCEL NO 73 Luis Francisco Leiva Sevilla
902 SQ. FT. (TEMPORARY)
PARCEL NO 77 John C. Shillcox & Jennifer K. Shillcox
801 SQ. FT. (TEMPORARY)
PARCEL NO 78 Erin Niedorf & Aaron Niedorf
451 SQ. FT. (TEMPORARY)
PARCEL NO 81 Howry Properties LLC
300 SQ. FT. (TEMPORARY)
PARCEL NO 82 Clinton A.Tuhy & Ann M. Tuhy
101 SQ. FT. (TEMPORARY)
PARCEL NO 83 Jeffrey J. Corniea & Rebecca F. Lunna
901 SQ. FT. (TEMPORARY)
PARCEL NO 84 Mekdes Biruk & Biniyme Wolde
407 SQ. FT. (TEMPORARY)
PARCEL NO 85 Katharine A. Chadwick
519 SQ. FT. (TEMPORARY)
PARCEL NO 89 Deborah L. Trainer & Jack E. Trainer
300 SQ. FT. (TEMPORARY)
PARCEL NO 91 Carl M. Casale & Kim K. Casale
1,251 SQ. FT. (TEMPORARY)
PARCEL NO 94 The Mariette Marie Sears Living Trust, Dated October 9, 2007
451 SQ. FT. (TEMPORARY)
PARCEL NO 95 21st Housing Square LLC
451 SQ. FT. (TEMPORARY)
PARCEL NO 96 Justin Small & Kristin Small
1,801 SQ. FT. (TEMPORARY)
PARCEL NO 99 Casey M. Finnegan & Linda L. Finnegan
700 SQ. FT. (TEMPORARY)
PARCEL NO 100 Kristin Rasmussen Revocable Trust, dated November 8, 2017
960 SQ. FT. (TEMPORARY)
PARCEL NO 101 Cath Zinner & Theodore L. Zinner Jr.
1,673 SQ. FT. (TEMPORARY)
PARCEL NO 105 The Thomas I. Dodge Trust Agreement dated March 12, 2010
9,143 SQ. FT. (TEMPORARY)
PARCEL NO 106 Alan R. Johnston & Judith E. Johnston
301 SQ. FT. (TEMPORARY)
PARCEL NO 108 Eliza D. Burgund
601 SQ. FT. (TEMPORARY)
PARCEL NO 112 Claire Arthur Miller
189 SQ. FT. (TEMPORARY)
PARCEL NO 113 Thomas Graff & Maria Graff
1,098 SQ. FT. (NEW HIGHWAY)
1,163 SQ. FT. (TEMPORARY)
PARCEL NO 114 Mary C. Kirby & Timothy Kirby
766 SQ. FT. (NEW HIGHWAY)
364 SQ. FT. (TEMPORARY)
PARCEL NO 115 Patrick M. Henry and Lucille B. Henry Joint Revocable Trust
503 SQ. FT. (NEW HIGHWAY)
212 SQ. FT. (TEMPORARY)
; and
WHEREAS, by Resolution No. 24-351 (July 9, 2024), the County Board authorized execution of Contract DCA21933 with Kimley-Horn and Associates, Inc., for professional design services for CP 63-33 and CP 4-18 in the amount of $1,832,900; and
WHEREAS, during final design, additional tasks outside the original scope were identified as necessary to complete the project and meet partner agency requirements; and
WHEREAS, staff requested and received an amendment memorandum from Kimley-Horn and Associates, Inc., outlining the scope and cost of completing the additional final design tasks; and
WHEREAS, County staff negotiated a fee of $217,070 with Kimley-Horn and Associates, Inc., to complete the necessary additional engineering design services; and
WHEREAS, the County Engineer recommends execution of a contract amendment with Kimley-Horn and Associates, Inc. in the amount of $217,070, for a new total contract amount not to exceed $2,049,970; and
WHEREAS, a budget amendment to the adopted 2026 Transportation Capital Improvement Program Budget is necessary to support additional design, right of way acquisition, and related project costs for CP 63-33 and CP 4-18; and
WHEREAS, staff recommends increasing the budget by $1,109,221 for CP 63-33 and $142,999 for CP 4-18, consistent with the adopted County cost-share policy.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Attorney’s Office to initiate quick-take condemnation for remaining parcels necessary for County Projects 63-33 and 4-18 if timely acquisition through direct negotiation does not appear possible; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Assistant County Manager - Physical Development Division to execute a contract amendment with Kimley-Horn and Associates, Inc., for additional engineering consulting services for County Projects 63-33 and 4-18 in the amount of $217,070, resulting in a total amended contract not to exceed $2,049,970, subject to approval by the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That the adopted 2026 Transportation Capital Improvement Program Budget is hereby amended as follows:
Expense - County Project 63-33
County Project 63-33 $1,109,221
Total Expense $1,109,221
Revenue - County Project 63-33
CSAH $942,838
City’s Local Share $166,383
Total Revenue $1,109,221
Expense - County Project 4-18
County Project 4-18 $142,999
Total Expense $142,999
Revenue - County Project 4-18
CSAH $121,549
City’s Local Share $21,450
Total Revenue $142,999
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PREVIOUS BOARD ACTION
24-351; 7/9/24
ATTACHMENTS
Attachment: Project Location Map
Attachment: Amendment Memorandum
Attachment: Acquisition Map
BOARD GOALS
☐ Thriving People ☒ A Healthy Environment with Quality Natural Resources
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
CONTACT
Department Head: Erin Laberee
Author: John Sass