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HomeMy WebLinkAbout06-21-88 CCMLAKE ELMO CITY COUNCIL MINUTES JUNE 21, 1988 Acting Mayor Armstrong called the meeting to order at 7:00 p.m. Present were Armstrong, Graves, Johnson and Moe. Also present were City Administrator Morrison and City Engineer Bohrer. Absent: Mayor Christ 1. AGENDA Graves/Moe - To approve the June 21, 1988 City Council agenda as presented. Motion carried 4-0. 2. MINUTES - JUNE 21, 1988 Graves/Moe - To approve the June 5, 1988 minutes as amended. Motion carried 4-0. 3. CLAIMS Graves/Johnson - To approve claims 90399 thru 90448 as presented. (Motion carried 4-0) 4. LANDFILL UPDATE Dan Novak, co-chair of REAPP, Inc. indicated to the council that there seems to be some confusion in the communication between City Attorney Knaak and Charles Dayton. The consensus of the council was for the City Administrator to clarify with the City Attorney what information is desired from Mr. Dayton. 5A. CONTINUATION OF VARIANCE REQUEST FOR SIDE YARD SETBACK AT 10867 33RD ST. - DAVID AND DEBRA GROBNER Moe/Graves - To remove this variance request from the table. Motion carried 4-0. Graves/Johnson - To deny the request for a side yard setback variance as applicants could not provide a non -economical hardship; and because the proposed garage could be constructed meeting all required setbacks. Motion carried 4-0. 5B. SITE AND PLAN REVIEW - ADDITION OF MEDIA CENTER TO LAKE ELMO ELEMENTARY SCHOOL Nancy Prince, Lake Elmo Elementary School Librarian explained the proposed Media addition to the school. The addition will be constructed on the south side of the existing library and extend into the existing courtyard. The addition will not increase the student population. This application was reviewed by the Planning Commission on June 13, 1988 and recommended for approval. This application was reviewed by the City Engineer and his conclusion was that since no students will be added because of this addition, there is no need to review the septic system. All drainage from the new addition will be disposed of on the school property, which is in accordance with City Code. And from an engineering standpoint, this proposed addition meets the City requirements. Lake Elmo City Council Minutes - June 21, 1988 Page 2 Graves/Moe - To approve the plans and specifications for the addition of a media center to the Lake Elmo Elementary School, as on file in i the city office, based on the recommendation of the Planning Commission and City Engineer. Motion carried 4-0. Councilman Johnson stated that he was concerned with the proposal to the extent that when the 1987 addition was made to the school, the council was told there would be no more additions, and now this proposal is before the council. This proposal had to be under consideration last year when the first addition was made and the council should have been advised. 5C. PUBLIC HEARING - VARIANCE TO SETBACK FROM OHWM AND SHORELAND APPLI Acting Mayor Armstrong opened the public hearing at 7:36 p.m. It was noted that the notice of public hearing was published in the legal newspaper and the effected property owners were notified. It was noted by the council that the existing boathouse does not meet the 100' setback from the OHWM, but the addition of the proposed deck would not increase the non -conformity of the boathouse, which has been in existance since 1940. There were no residents at this public hearing to speak for or against this variance request and the public hearing was closed at 7:42 p.m. Moe/Graves - To grant a variance to the setback from the OHWM for the construction of a 12 x 16 foot wood deck to the south side of Pierre's Pier at 2880 Lake Elmo Ave. contingent upon approval from the DNR; as the applicant has proven a hardship in that the building is existing; the building is already non -conforming, and the addition of the deck will not increase the non -conformity of the building. Motion carried 4-0. NOTE: The DNR responded to this request on June 22, 1988. There approval is based on there being no further requests for variances, or requests to screen in or enclose the deck. 6A PUBLIC HEARING 43RD & KIMBRO STREET IMPROVEMENT Acting Mayor Armstrong opened the public hearing at 7:45 p.m. It was noted that the notice of public hearing was published in the legal newspaper and the effected property owners were notified. City Engineer Larry Bohrer presented the Feasibility Report dated June 16, 1988 for the proposed 1988-89 MSA Improvement of Kimbro Ave. from 47th St. to 43rd St. and 43rd St. from Kimbro Ave. to Lake Elmo Ave. This report which outlines this project in detail is made part of these minutes by reference. 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 Lake Elmo City Council Minutes - June 21, 1988 Page 4 the three -acre parcel remaining after right-of-way for the curve is obtained for the 1988-89 Street Improvement Project. 7B DISCUSSION OF OVERLAY/SEALCOAT BUDGET The City Engineer provided a memo dated June 17, 1988, made part of these minutes by reference, regarding the MSA Maintenance and Overlay Budget and the council took the following action: Graves/Moe - To instruct the city staff to get quotes for the shouldering of 45th, Julep, 47th and Keats Avenue; To instruct the city staff to get quotes for the 1988 Maintenance Overlays of Hill Trail, Jane Road and Jane Court; and to approve the 1988 Contract Repairs of 39th Street east of Ideal in the amount of $4,000. Motion carried 4-0. B. PLANNING COMMISSION RECOMMENDATION REGARDING THE MAXIMUM SIZE OF ACCESSORY STRUCTURES IN THE RURAL RESIDENTIAL ZONING DISTRICT At the June 7, 1988 meeting, the City Council charged the Planning Commission with reviewing the restrictions the city has on the limit of accessory structures in the RR zoning district. This request was based on an application before the council for a variance to the 2,000 square foot maximum accessory structure restriction. The Planning Commission did that at its June 13 meeting and recommended, unanimously, that the limitations now in force for accessory structures in the Rural Residential zoning district should not be changed. The consensus of the Council was to accept the recommendation of the Planning Commission. 9. ORDINANCE REGARDING STORMWATER RUNOFF STANDARDS The Council reviewed the ordinance proposed by the Planning Commission and City Engineer and reviewed by the City Attorney. Among the suggestions made by the City Attorney was to incorporate this proposed ordinance into the city code. Johnson/Graves - To prepare an ordinance in accordance with the recommendations of the Planning Commission, the City Engineer and City Attorney for the proposed "1% Rule". Motion carried 4-0. 10. RESIDENTIAL ESTATES ORDINANCE The Council reviewed the May 25, 1988 draft of the Residential Estates Ordinance, along with the report dated June 21, 1988 from the City Engineer, and the comments received by the staff from Fire Chief Fran Pott, Maintenance Foreman Dan Olinger, and Captain Green of the Washington County Sheriff's Department. It was the consensus of the Council that this proposed ordinance be reviewed again by the staff and Planning Commission and the Planning Lake Elmo City Council Minutes - June 21, 1988 Page 5 Commission proceed with a public hearing to consider public input on this proposed ordinance. 11. VBWD FLOODPROOFING PROGRAM The City Administrator distributed a letter received from VBWD stating it is considering implementing a floodproofing program which was included in their approved 509 surface water management plan. The VBWD Managers are attempting to formulate a cost-effective process for making grants to individual homeowners for improvments which meet VBWD requirements. It was the consensus of the Council to request a representative from Barr Engineering to appear before the council and explain this program. 11B VARIANCE TO NUMBER OF ACCESSORY STRUCTURES IN R1 ZONE RICHARD TRAVERS, 2151 LAKE ELMO AVE. At the June 7 meeting, the council held a public hearing on an application for a variance to the number of accessory structures in an Rl zone. The applicant had an existing 216 square foot structure, and wanted to add a 576 square foot garage. The applicant advised the staff that he will comply with the council's request to use only a portion of the existing structure by constructing an interior wall and blocking off a portion of this building so it cannot be used, thereby negating the need for a variance. Graves/Moe - To grant a Shoreland Permit to Richard Traverse, 2151 Lake Elmo Avenue for the construction of a 576 square foot garage. Motion carried 4-0. 11C NEWSLETTER The City Administrator advised the council that the City's newsletter has, in the past been written on a bi-monthly basis. However, due to workload and shortage of staff, the newsletters have been sporadic. She recommended that starting in July, the newsletter be prepared on a monthly basis. The consensus of the council was to approve this recommendation. Graves/Moe To adjourn the meeting; time 10:35 p.m. Motion carried 4-0. Resolution 88-28 - Ordering Plans and Specifications for the improvement of 43rd and Kimbro. TOLTZ, KING, DUVALL, ANDERSON t AND ASSOCIATES, INCORPORATED ENGINEERS -ARCHITECTS -PLANNERS SAINT PAUL, MINNESOTA JUNE 16, 1988 HAS IBIL Ia. REPORT ON 1988 89 MSA IMPROVEMENTS KI M3RQ 8YEN E cone! AM STREET TO 43RD STREET. - AND 43RD STREET FROM KJM�RO AVENUE TO I AKE ELM AVENUE LAKE ELMD, MINNESOTA COMMISSION NO-9 50-008 hereby certify that this report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. Larry D. hrer, P.E. - Registration No. 12120 • :: u u is • ul��l; • u:: • � is l u 1. 1: • :1 IC The proposed 1988-89 Municipal State Aid Street improvements are located on Kimbro Avenue from 47th Street to 43rd Street, and on 43rd Street from Kimbro Avenue to Lake Elmo Avenue (CSAH 17). This improvement is the orderly progression of road improvements planned for this area of the City which began in 1982 with Keats Avenue, and continued 1984 with 47th Street, Julep Avenue and 47th Street west of Keats Avenue, and continues in 1988 with 47th Street from Keats Avenue to Kimbro Avenue. Land use on this road segment is predominantly agricultural. There are only three or four residences not associated with a farm or hobby farm. 50% of the road frontage is Green Acres. 43rd Street follows the existing property Iines and is properly located. Kimbro Avenue meanders slightly and is not uniformly parallel with the property Iines.. There are a few significant trees on the east side of Klmbro Avenue at the J. Graupner, R. Krueger, and S. Ziebell properties. i - . -' ' iM This 0.88 mile road segment is planned to be improved by grading to widen the roadbed width to 32 feet. All drainage culverts will be replaced. The road will be completed by constructing a 32-foot wide gravel base, and a 24-toot wide bituminous driving surface, with 4-foot wide gravel shoulders. Driveways will be blacktopped to the property line. The road will be designed for a 40 mph design speed. i , Curve at Ord and KImbrg MSA standards require a minimum design speed of 40 mph. In order to achieve this, a gradual curve of 500t radius must be constructed to negotiate the 90' turn. This is the same curve as at 45th and Julep, and at 47th and Julep. 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 the Zlebell house. This means the house would be adjacent to the new right-of-way line with no setback. Our past experience with State Aid variances indicates that a tighter curve designed for less than 40 mph would not be approved. -2- 9150-008 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 would 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 ZlebelI parcel at $82,000. This estimate will need to be updated to 1988 prices. For the purpose of this estimate we will use $90,000 plus $10,000 for relocation costs. The actual costs will depend on whether the Council will consider the remaining 3 acre parcel as buildable. 2. Riaht-of-Wav Like 47th Street, very little dedicated road easements exist on this road. The public has a right to continue to use this road, to the width presently maintained by the City, according to Minnesota Statues, Chapter 160.05. Since there are established fences along both sides of this roadway, and the City has traditionally maintained up to these fences, we believe the public use and right extends to that area between the fences. The width between the fences varies from 40 to 60 feet. The minimum right-of-way width required for State Aid Standards is 66 feet. Therefore, some additional right-of-way is necessary. it is proposed to purchase the additional right-of-way necessary unless it can be donated to the City simply to clear up the matter. Our intent would be to keep the road as close to its present location as possible. p7 affil � This project was initiated by the City Council as part of the City's 10- Year MSA Construction Program. Because some assessments are anticipated, a 4/5 vote of the Council is required to order the project. A permit Is required from the Valley Branch Watershed District. Plan approval Is required from the State Aid Division of MnDOT. The preliminary assessment roll shows the property owners abutting on or benefltting from the street, by parcel number. The list also shows the approximate area of each parcel and the number of future lots each parcel could be divided Into under present zoning. _3_ 9150-008 c •� No dedicated right-of-way exists for these streets. By virtue of maintained use, the City is entitled only to the roadway and possibly the ditches. The intent of this project is to obtain a minimum of 66 feet by permanent easement. The proposed improvements have been studied and determined to be feasible and should best be made as proposed. u Some additional slope easements and temporary construction easements will be required from various property owners to properly match existing driveways and property. .mpletion There is a chance that the grading and gravel base portion of the work could be completed during the 1988 construction season, if necessary right- of-way can be obtained and the plans approved by MnDOT. The paving will be completed in the 1989 construction season. If the right-of-way must be, obtained by condemnation, the entire project would be constructed in 1989. Estimated Project Cost Attached to this report is a detailed estimate of construction costs for the'road improvements. The total estimated project cost includes 10 percent for contingencies and 20 percent for engineering costs. Estimates and contracts are prepared on a unit price basis. The contractor will be paid only for the work completed. The estimated cost of the improvements is itemized as fol lows: Construction $191,234 Contingencies $ 19,123 Engineering $ 42,071 Land $ 90,000 Relocation $ 10,000 Easements $ 20,000 Appraisals $ 3,000 Soil Borings $ 2,000 Legal $ 3,000 Administrative $-2J QQ Total Estimated Project Cost $382,428 _4_ 9150-008 ® Estimated Assessme '1 It has been past City policy on other State Aid projects to assess only those costs which are not eligible for State Aid reimbursement. The only items not eligible for State Aid reimbursement are legal fees for land condemnation, engineering costs in excess of 18 percent of the construction cost, and administrative costs. Engineering costs would exceed this amount If substantial time Is involved in land acquisition or additional hearings. Of the total project cost formulated above, it is estimated that MSA funds will cover $371,228 and the local share will be $11,200. The estimated assessments, based on the above assumptions, are $750 to $1,000 per lot. The City's MSA construction account, after completion of 47th Street which is presently under contract, is estimated to be $495,000. The City Council should order the improvement of these roads for the following reasons: i. This road has been the source of many complaints over the years. 2. This road is in the City's long range MSA plan for construction. - 3. This road carries over 200 cars per day. 4. It has been a long range goal of the City to pave existing gravel roads. - 5. It is our opinion that Ms. Ziebell is moderately willing to sell. 6. There are adequate funds in the City's MSA account to construct the project. 7. If the City does not reduce its MSA account to below $300,000, its allotment will be reduced beginning In 1989. 8. Assessments are minimal. It is recommended that the City order the preparation of plans and specifications for the project, and have the formal appraisals prepared on the right-of-way acquisition. -5- 9150-008 1988-89 MSA Street Improvements Klmbro Avenue from 47th Street to Ord Street, and Ord Street from Kimbro Avenue to Lake Elmo Avenue Lake Elmo, Minnesota Commission No. 9150-008 Item Unit No Description Ouantity Price Amount 1 Clear and Grub Trees 10 EA $ 150.00 $ 1,500.00 2 Salvage Driveway Culverts 160 LF $ 5.00 $ 800.00 3 Relocate Fence 3,000 LF $ 2.50 $ 7,500.00 4 Common Excavation 5,500 CY $ 2.50 $ 13,750.00 5 Subgrade Excavation 5,500 CY $ 2.00 $ 11,000.00 6 Granular Borrow 5,500 CY $ 5.00 $ 27,500.00 7 Topsoil Borrow 200 CY $ 8.00 $ 1,600.00 8 Aggregate Base, Class 5 9,630 TN $ 5.00 $ 48,150.00 9 Aggregate Shouldering, Class 1 800 TN $ 7.00 $ 5,600.00 10 Bituminous Material for Mixture 146 TN $ 150.00 $ 21,900.00 11 Recycled Bituminous Base Course 1,620 TN $ 11.00 $ 17,820.00 12 Bituminous Wearing Course 1,300 TN $ 12.50 $ 16,250.00 13 Tack Coat 720 TN $ 1.20 $ 864.00 14 Culverts 200 LF $ 20.00 $ 4,000.00 15 Turf Restoration 4 AC $ 1,000.00 $ 4,000.00 16 Remove Box Culvert 1 LS $ 3,000.00 $ 3,000.00 17 l n5±al l Concrete Cul ygr+ 1 I S $ 6,000.00 $ 6,000.00 Estimated Construction Cost $191,234.00 -6- 9150-008 PRELIMINARY ASSESSIVIENT RCLL 1988-89 MSA Street Improvements Kimbro Avenue from 47th Street to 43rd Street, and t- 43rd Street from Kimbro Avenue to Lake Elmo Avenue Lake Elmo, Minnesota _ Commission No. 9150-008 Number of Lots Possible Under Parcel No.** Supposed Owner Area Zoning Present Zonina 2300 L. & B. Rieks 38.0 A GAS i 2502 B. Rieks 26.7 A GA 1 p 2900 B. Rieks 1.0 A GA 0 RLS 54 A L. Berkholtz 3.9. RR 1 RLS 54 C L. Berkhol tz 1.0 RR rr 1 RLS 54 B R. Weir 5.0 RR GA 1 RLS 54 D E. Ryan 7.45 RR i 2350 E. Whitman 19.8 RR 1 t2115 J. Graupner "5.0 RR 1 2110 S. Zlebell 5.0 RR 1 2100 (N) R. Krueger 14.36 RR 1 1 2100 (S) R. Krueger 33.8 RR 3 2060 N. Krueger 22.8 RR GA 2 �a 2050 S. Pott 15.5 RR i 2055 J. Weir 16.7 RR GA 1 Total Lots 16 - or 10 excluding Green Acres * GA = Green Acres * Parcel numbers preceded by 36-3701.1 -7- 9150-008 OLT2. KING, DUVALL. ANOERSON TLr � ^ DA `v \ ND ASSOCIATES, NCORPORATED NL_EERRS3ARR•••CiiiHITTECTS PLANNERS 25O0AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 65101.1993 612/292-A 1"612/292.0003 June 17, 1988 _ Honorable Mayor and City Council Lake Elmo, Minnesota Re: MSA Maintenance and Overlay Budget Lake Elmo, Minnesota Commission No. 9150-008 Dear Mayor and Council: At the May 17, 1988.CounciI Meeting, we proposed a budget for the various maintenance programs to be done under outside contract. The Council delayed action pending two decisions: 1 Public hearings for Street Overlays scheduled for•June 7, 1988. 2 Assess a portion of Klondike Avenue and 33rd Street We. have now updated our proposed budget as follows: Propg sE_xpenditures 1. 1988 Sealcoat Program 3 46,000 2. 1988 MSA Maintenance: - A. Klondike and 33rd Street -Overlay 8 Ditching $30,100 (Non -assessed portion) v B. 45th, Julep, 47th and Keats Avenue - Shouldering 511,500__3 5 41,600 { 3. L*1988 Maintenance Overlays - Hill Trail, Jane road, p 4 Jane Court y $ 13,000 + �' 1988 Contract Repairs - 39th Street east of Ideai�o_�" 1L $ 4,000 5. 1987 Maintenance Overlay - 32nd Street - Lampert to 10• 00 Klondike. Change Order to 201, Contract $115,100 Total Proposed Expenditures Honorable Mayor and City Council Lake Elmo, Minnesota June 17, 1988 Page Two �.. Sealcoat fund $ 40,000 1988 MSA Maintenance fund $ 35,652 1988 Patch & Overlay Fund $ 25,000 1987 Patch & Overlay Fund t�75 000 Total Funds Available $125,652 _ The above analysis shows that all of the planned expenditures could be mz and stliI leave a $10,000balance in the contract maintenance combined budget. This money could be used for additional contract maintenance whl has not yet been identified or used to further reduce assessments on Klondike Avenue and 33rd Street. The 1988 Seal coat Program is al ready under contract and Is scheduled to +y begin July 15, 1988. Items 2A and 3 in the above Proposed Expenditures=^ need to be done prior -to seaicoatTng. Since each of these items Is under $15#000, quotes can be received rather than formal bids. It is recommend that the City Staff be allowed to receive quotes and have the work in_Ite 2A and 3 above done without further CouncTI review so that the work can b completed prior to seal coating. Please bring, for further discussion, your copy of the 1988 Street RehabilTtation Program Feasibility Study which was used at the last Counc meeting. _..._ .. Sincerely yours, Larry D. Bohrer, LDB : J P. E. - STATE OF f�l C IE S, 0 7Z' DEPARTMENT OF NATURAL RESOURCES PHONENo.296-7523 1200 WARNER ROAD, ST. PAUL, MN 55106 FILE NO. June 23, 1988 Ms. Mary Kueffner CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo, MN 55042 RE: CROMBIE ESTATES 2ND ADDITION, LAKE DEMONTREVILLE Dear Ms. Kueffner: Metro Region Waters has reviewed the preliminary plat submitted by Veronica Crombie to develop 11 lots adjacent to Lake Demontreville. We have a number of concerns regarding the proposal to create 6 outlots west, of Demontreville Trail. These are all nonconforming lots which do not meet any of the lot dimensional standards of your shoreland ordinance. We can see no good reason to provide outlots for access when the lake has a new public access. We do not feel that the creation of a bunch of small non -conforming lots meets the intent of your shoreland ordinance. We recommend that the land area west of Demontreville Trail be platted along with the riparian lots or that the area be platted_as__Que_largg .L outlot containing 1 centralized dock for day use by the residents. Anot ear alternative might be to use the largest outlot F as the communal outlot since it is not buildable. It may however be difficult to keep the public off due to the proximity of the public road. Platting such as this should be discouraged by the Planning Commission. - Thank you for the opportunity to review this proposal. If you have any questions, please contact me at 296-7523. Sincerely, Molly Comeau Shodeen Area Hydrologist METRO REGION DIVISION OF WATERS cc: Bruce Folz Veronica Crombie M52/dv AN EQUAL OPPORTUNITY EMPLOYER