DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
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Authorization to Amend Agreements For Preliminary Design, Right Of Way, Final Design, And Construction For I-35W Interchange With County State Aid Highway 42, County Project 42-164 In Burnsville
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RESOLUTION
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WHEREAS, to promote a safe and efficient transportation system throughout Dakota County, the County is a major participant with the City of Burnsville and the Minnesota Department of Transportation (MnDOT) to implement County Project (CP) 42-164; and
WHEREAS, MnDOT awarded $3,100,000 for the project under the Transportation Economic Development grant program; and
WHEREAS, preliminary engineering design work has been completed, with previous cost-sharing estimates addressed in an executed Joint Powers Agreement, Contract No. DCA20150, for participation in preliminary design contract costs and estimated right-of-way costs; and
WHEREAS, the City of Burnsville and MnDOT are cooperating with the County on all stages of CP 42-164; and
WHEREAS, the City of Burnsville previously expended 2022 and 2023 grant funds from the Minnesota Department of Employment and Economic Development (DEED) to cover costs for preliminary engineering, reducing Dakota County’s anticipated costs; and
WHEREAS, Dakota County Board Resolution No. 23-429 (September 26, 2023) approved a local cost share of Dakota County funds for 70 percent of net costs after the grant award to complete final engineering design, right of way, and construction, with City of Burnsville funds for 30 percent of the net costs, in accordance with adopted County Policy; and
WHEREAS, the project partners have determined a 1.74-acre parcel required for CP 42-164 right of way must be acquired in 2024 through condemnation to stay on schedule; and
WHEREAS, County and City staff have engaged in analysis of the anticipated 2024 cost shares based on appraised right-of-way costs, possible negotiated costs, and the City’s plan to use $415,000 in 2024 DEED funds for final right-of-way costs before the cost-share percentages; and
WHEREAS, planning has included the identification of a cost range for right of way considered reasonable for negotiations based on a completed appraisal and possible further negotiations.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes amending the previously completed Joint Powers Agreement for preliminary engineering, Contract No. DCA20150, to remove reference to right-of-way costs and supports consolidating anticipated 2024 right-of-way costs and the City of Burnsville 2024 Minnesota Department of Employment and Economic Development Grant amount into the Joint Powers Agreement for final engineering and construction costs, subject to approval by the County Attorney’s Office as to form.
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