DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Approval Of Right Of Way Acquisition, Authorization To Initiate Quick-Take Condemnation, And Authorization To Accept Jurisdictional Transfer And Designate County State Aid Highway Status for County State Aid Highway 32, County Project 32-65 In City Of Inver Grove Heights
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PURPOSE/ACTION REQUESTED
Approve acquisition of necessary right of way, authorize quick-take condemnation, authorize acceptance of the jurisdictional transfer with the City of Inver Grove Heights and County State Aid Highway designation (CSAH) for CSAH 32 (117th Street), County Project (CP) 32-65 (see Attachment: Location Map).
SUMMARY
To provide a safe and efficient transportation system, the City of Inver Grove Heights, in cooperation with Dakota County, is proceeding with CP 32-65. The project will reconstruct 117th Street East from CSAH 71 (Rich Valley Boulevard) to the Trunk Highway (TH) 52/117th Street Interchange. The project is a part of the larger CSAH 32 network in Dakota County, which connects Interstate 35W in Burnsville to TH 52 in Inver Grove Heights. The corridor serves a high volume of freight traffic. The purpose of the project is to meet 10-ton design standards, enhance transportation system efficiency and mobility, reduce access points, improve pavement conditions, and facilitate the phased development of an essential east-west transportation corridor within the region.
A total of 13 appraisals consisting of 19 parcels have been identified from which right of way acquisition will be necessary for CP 32-65 (Attachment: Parcel Map). Thirteen acquisition appraisals have been prepared by Nicollet Partners, Inc., for a total appraised value of $2,207,100. Data for the 19 parcels has been provided to the County Board in a confidential spreadsheet, as the appraisals are currently confidential, non-public data pursuant to Minn. Stat. § Sec. 13.44, subd. 3.
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. Efforts will be made to negotiate an agreeable settlement before and after the start of the condemnation process.
By Resolution No. 12-365 (July 31, 2012), the County Board requested additional state aid mileage. The County State Aid Screening Board awarded Dakota County an additional 39.6 miles of County State Aid Highways to be added to Dakota County’s State Aid Highway System in October 2012 that includes this segment of future CSAH 32 (117th Street). Minn. Stat. § 162.02, subd. 7 and 8 permit a county board to establish a CSAH upon any established road with the approval of the governing city. A County Board resolution is required by the state for the jurisdiction transfer and CSAH designation of CSAH 32. This will allow the County to use CSAH funds for CP 32-65 and the access of CSAH maintenance funds for future maintenance and operation of this segment of CSAH 32 in Inver Grove Heights. Designation of CSAH 32 in Inver Grove Heights is necessary to enable the County to spend CSAH funds on eligible construction and maintenance expenses that will be the responsibility of the County once the transfer of the highway from the City to the County is complete.
RECOMMENDATION
recommendation
Staff recommends approving right of way acquisition, authorizing potential condemnation, and accepting jurisdictional transfer of 117th Street from the City and designating County State Aid Highway status for CP 32-65.
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EXPLANATION OF FISCAL/FTE IMPACTS
The 2024 Transportation Capital Improvement Program includes a total of $23,460,000 for the project (Attachment: Financial Summary). Sufficient funding is available.
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, to provide a safe and efficient transportation system, the County and the City are proceeding with County Project 32-65; and
WHEREAS, the project will reconstruct 117th Street East from County State Aid Highway (CSAH) 71 (Rich Valley Boulevard) to the Trunk Highway (TH) 52/117th Street Interchange; and
WHEREAS, the purpose of the project is to meet 10-ton design standards, enhance transportation system efficiency and mobility, reduce access points, improve pavement conditions, and facilitate the phased development of an essential east-west transportation corridor within the region; and
WHEREAS, the 117th Street corridor is a part of the more extensive CSAH 32 network in Dakota County, which connects Interstate 35W in Burnsville to TH 52 in Inver Grove Heights; and
WHEREAS, the 117th Street and CSAH 71 corridors are considered Tier 1 regional truck corridors; and
WHEREAS, the design includes a two-lane, median-divided roadway for a one-mile segment of 117th Street between Rich Valley Boulevard and the Flint Hills Resources Refinery access, just west of the TH 52/117th Street Interchange; and
WHEREAS, the acquisition of right of way is needed to move forward with County Project 32-65 for the construction to begin in 2025; and
WHEREAS, 13 appraisals consisting of 19 parcels including combined appraisal of parcels two through five (2-5), eight and nine (8 & 9), and eleven and twelve (11&12 have been identified from which right of way acquisition will be necessary for CP 32-65 as identified in Dakota County Road Right of Way Map No. 516:
Parcel 1 Right of Way Map No. 516
R & M Holdings LLC Richard O’Gara
PID-20-03300-54-015
Temporary Easement- 31,994 Sq. Ft
Total Take- 319,064 Sq. Ft
Parcel 2 Right of Way Map No. 516
Rich Valley LLC Harding and Carbone Inc.
PID 20-03300-54-016
New Highway Right of Way 28,438 Sq. Ft
Temporary Easement 25,174 Sq. Ft
Drainage And Utility Easement 8,711 Sq. Ft
Parcel 3 Right of Way Map No. 516
Rich Valley LLC Harding and Carbone Inc.
PID 20-03300-77-011
New Highway Right of Way 54,921 Sq. Ft
Temporary Easement 7,547 Sq. Ft
Drainage And Utility Easement 4,885 Sq. Ft
Parcel 4 Right of Way Map No. 516
Rich Valley LLC Harding and Carbone Inc.
PID 20-03300-77-013
New Highway Right of Way 7,626 Sq. Ft
Parcel 5 Right of Way Map No. 516
Rich Valley LLC Harding and Carbone Inc.
PID 20-03300-77-012
New Highway Right of Way 4,375 Sq. Ft
Drainage And Utility Easement 592 Sq. Ft
Parcel 6 Right of Way Map No. 516
Enterprise Terminals & Storage, LLC
PID 20-03300-76-010
New Highway Right of Way 35,521Sq. Ft
Temporary Easement 53,349Sq. Ft
Drainage And Utility Easement 11,234 Sq. Ft
Parcel 7 Right of Way Map No. 516
Flint Hills Resources Pine Bend LLC
PID 20-03400-52-021
Temporary Easement 10,067 Sq. Ft
Drainage And Utility Easement 15,181 Sq. Ft
Parcel 8 Right of Way Map No. 516
Pine Bend Landfill Inc., Allied Waste Ind Inc.
PID 20-03300-51-011
New Highway Right of Way 72,141 Sq. Ft
Temporary Easement 39,521 Sq. Ft
Drainage And Utility Easement 18,308 Sq. Ft
Parcel 9 Right of Way Map No. 516
Pine Bend Landfill Inc., Allied Waste Ind Inc.
PID 20-03300-51-012
New Highway Right of Way 16,549 Sq. Ft
Temporary Easement 5,673 Sq. Ft
Drainage And Utility Easement 1,410 Sq. Ft
Parcel 10 Right of Way Map No. 516
, Pine Bend Landfill Inc., Republic Services
PID 20-57575-01-010
Temporary Easement 41,001 Sq. Ft
Parcel 11 Right of Way Map No. 516
PID 20-57560-01-010
Pine Bend Landfill Inc., Republic Services
Temporary Easement 50,188 Sq. Ft
Parcel 12 Right of Way Map No. 516
Pine Bend Landfill Inc., Allied Waste Ind Inc.
PID 20-57575-02-010
New Highway Right of Way 352 Sq. Ft
Temporary Easement 13,523 Sq. Ft
Parcel 13 Right of Way Map No. 516
Northern States Power Company
PID 20-03400-50-012
New Highway Right of Way 1,594 Sq. Ft
Temporary Easement 2,390 Sq. Ft
Parcel 14 Right of Way Map No. 516
11900 Rich Valley LLC
PID 20-03300-54-012
Temporary Easement 1,458 Sq. Ft
Drainage And Utility Easement 1,327Sq. Ft
Parcel 15 Right of Way Map No. 516
Robert E. & Marcille H. Plan
PID 20-03300-52-021
New Highway Right of Way 1,470 Sq. Ft
Temporary Easement 2,503 Sq. Ft
Drainage And Utility Easement 4,501 Sq. Ft
Parcel 16 Right of Way Map No. 516
Flint Hills Resources Pine Bend LLC
PID 20-03300-52-022
Drainage And Utility Easement 48,174 Sq. Ft
Parcel 17 Right of Way Map No. 516
Bituminous Roadways, Inc.
PID 20-03300-50-020
Temporary Easement 4,900 Sq. Ft
Parcel 18 Right of Way Map No. 516
Union Pacific Railroad
New Highway Right of Way 7,840 Sq. Ft
Temporary Easement 10,464 Sq. Ft
Drainage And Utility Easement 10,464 Sq. Ft
Parcel 19 Right of Way Map No. 516
Union Pacific Railroad
New Highway Right of Way 5,356 Sq. Ft
Temporary Easement 487 Sq. Ft
Drainage And Utility Easement 1751 Sq. Ft
; and
WHEREAS, 13 appraisals consisting of 19 parcels have been identified from which right of way acquisition will be necessary for CP 32-65have been prepared by Nicollet Partners, Inc., for a total appraised value of $2,207,100; and
WHEREAS, data for the 13 appraisals consisting of 19 parcels has been provided to the County Board in a confidential spreadsheet, as the appraisals are currently confidential, non-public data pursuant to Minn. Stat. § Sec. 13.44, subd. 3; and
WHEREAS, the acquisition from 19 parcels as identified in Dakota County Right of Way Map No. 516 by the County is necessary to move forward with the CP 32-65; and
WHEREAS, in the event that timely acquisition by direct negotiation of all required parcels does not appear possible, the County Board authorizes the County Attorney’s Office to initiate “quick- take” condemnation of the remaining parcels to allow for a winter 2024 start date; and
WHEREAS, by Resolution No. 12-365 (July 31, 2012), the Dakota County Board of Commissioners requested the County State Aid Screening Board to review the requested additional state aid mileage, including 117th Street (city street) from CSAH 71 (A-Minor Arterial Expander) to TH 52 (Principal Arterial); and
WHEREAS, the County State Aid Screening Board awarded Dakota County an additional 39.6 miles of CSAHs to be added to Dakota County's CSAH System in the fall of 2012 that includes this segment of future CSAH 32 (117th Street); and
WHEREAS, Minn. Stat. § 162.02, subd. 7 states that the County Board of any county may establish and locate a CSAH in a new location where there is no existing road, or it may establish and locate the highway upon or over any established road or street or a specified portion thereof within its limits; and
WHEREAS, designation of CSAH 32 will allow Dakota County to use CSAH funding for the reconstruction of County Road 32 and access CSAH Maintenance funds for maintenance and operation; and
WHEREAS, the Transportation Director/County Engineer recommends designating County State Aid Status, according to the recommendation in the adopted State Aid Mileage Request.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the appraised values prepared by Nicollet Partners, Inc., for the acquisition of the right of way for County Project 32-65 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 County Project 32-65 at the approved appraised values and in accordance with County policy and authorizes payment from the 2024 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 a winter 2024 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 Dakota County Board of Commissioners hereby accepts the jurisdictional transfer of 117th Street from County State Aid Highway 71 to Trunk Highway 52 from the City of Inver Grove Heights; and
BE IT FURTHER RESOLVED That the Dakota County Board of Commissioners hereby designates County State Aid Highway status, subject to the approval of the Minnesota Commissioner of Transportation, for the segment of roadway as follows: County State Aid Highway 32 from County State Aid Highway 71 (Rich Valley Boulevard) in SW quarter of Section 33, T27N, R22W to Trunk Highway 52 east ramp in SE quarter of Section 34, T27N, R22W; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Dakota County Transportation Director/County Engineer to forward two certified copies of this resolution to the Minnesota Commissioner of Transportation for approval.
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PREVIOUS BOARD ACTION
12-365 7/31/12
23-075; 2/28/23
ATTACHMENTS
Attachment: Location Map
Attachment: Parcel Map
Attachment: Financial Summary
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: John Sass