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Lake Elmo City Council Minutes - June 21, 1988 Page 3 Following the Engineer's presentation, discussion centered around a request from many residents in the area for a "paved walkway" which y would keep walkers and bikers off of the main roadway and thereby create safer conditions. The Engineer's preliminary estimate to include a paved walkway in this project is $7,000. However, right-of-way to include this paved walkway would not be MSA eligible and since there are no funds to cover paying for this right-of-way acquisition it would have to be donated by the effected property owners. The concensus of the council and the residents was to continue working on a solution to allow for a paved walkway, which if ordered by the council when final figures are tabulated, could be considered a change order and included in the MSA Street Improvement Project. Acting Mayor Armstrong closed the public hearing at 9:00 p.m. Graves/Moe - To adopt Resolution 88-28 ordering the preparation of plans and specifications for the 1988-89 MSA Improvements; the improvement of Kimbro Avenue from 47th Street to 43rd Street and 43rd Street from Kimbro Avenue to Lake Elmo Avenue, and to request further study by the City Engineer as to the feasibility and placement of a paved walkway. Motion carried 4-0. 7A RIGHT-OF-WAY CONDEMNATION - 43RD & KIMBRO IMPROVEMENT SALLY ZIEBELL The City Engineer reported that MSA standards require a minimum design speed of 40 mph. In order to achieve this, a gradual curve of 500' radius must be constructed to negotiate the 90 degree turn. This curve will require the acquisition of about 1.5 acres of land from Sally Ziebell. At its closest point, the centerline of the road would be 37 feet from the southwest corner of th Ziebell house. This means the house would be adjacent to the new right-of-way line with no setback. Past experience with the State Aid variances indicates that a tighter curve designed for less than 40 mph would not be approved. The results of proceeding with this road would be to take a house which presently conforms to setbacks and create a non -conformity. Also, if the approximately 1.5 acres needed for the curve would be taken by condemnation, the monetary award for damages woud most probably include the value of the house. In other words, the City probably could not acquire the right-of-way for the curve without also compensating the owners for the value of the house. In 1987, Penfield Inc. prepared a "ballpark" estimate of right-of-way and house value for the Ziebell parcel at $82,000. This estimate will need to be updated to 1988 prices. For the purpose of this estimate $90,000 plus $10,000 for relocation costs was used. The actual costs will depend on whether the council will consider the remaining 3 acre parcel as buildable. Johnson/Graves - To give conceptual approval for a lot size variance to Sally Ziebell for the construction of a single family dwelling on