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LAKE ELMO CITY COUNCIL MINUTES MARCH 5, 1991 PAGE 3 only location because the water table is high and the land falls very quickly. It is wooded behind the house and will not interfere with the neighbors to the west. The property owners abutting this property have no problem with this request and have signed the sketch plan. Mayor Johnson closed the pubic hearing at 7:47 p.m. Councilman Williams asked the Zimmers for their hardship. Mr. Zimmer stated they positioned the house so they could have proper drainage for a septic system and drainfield without having a lift station. This forced us to build at the 40' setback. The south side of the house has a solarium and would not fit in architecturally. On the north is the garage and the east has the living room and bedroom. M/S/P Dick Johnson/Williams - to deny the request of Philip Zimmer for a variance to the rear yard setback at 4850 Jasper Avenue N. based on there was no demonstrated physical hardship. (Motion carried 5-0). B. PUBLIC HEARING: Bituminous Overlay Improvement of Hytrail Avenue from Highlands Trail --North to _ 59th Street North Mayor Johnson opened up the public hearing at 7:58 p.m. in the City Council chambers. The Public Hearing notice was published in the St. Croix Valey Press on February 13th and 20th and all affected property owners were notified. City Engineer Tom Prew reported Hytrail Avenue was originally paved in 1978 or earlier. It received seal coats in 1982 and 1986. Despite this maintenance, Hytrail Avenue pavement is in poor condition and is probably due to a weak subgrade. To provide additional pavement strength, improve crown drainage, and to seal off the cracks, an 1 1/2" bituminous overlay is recommended. The estimated cost of the overlay is $19,500. It is proposed. that each lot which benefits from the improvement will be assessed.. Benefitting property is every developed or buildable parcel which abutts the street. The method of assessment is proposed. to be the unit method. A preliminary assessment was $1,220 per unit. Corner lots will receive a one-half unit assessment. The project was initiated by the City Council; therefore, ordering the project will require a four -fifths majority vote. Andrew Rolling, 5710 Hytrail Avenue N., believed Derrick Land shared at least part of the responsibility for the need to resurface their street because they were allowed to place fill on four lots. If the Derrick Land lots prove to be unbuildable, will the dirt that was brought in have to be removed. He also felt the Cable Company was responsible for breaking up the road when they installed their cable. Jim Yarusso, 5620 Highlands Trail N., shared the concern of trucks removing the dirt and causing damage to the road. He asked if crack filling will be done before the overlay.