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LAKE ELMO CITY COUNCIL MINUTES MARCH 5, 1991 PAGE, 4 Mayor Johnson closed the public hearing at 8:08 p.m. City Attorney, Jerry Filla, reported that the Derrick Land case has been sent back to trial court on the issues, but he has not received a date for the hearing. He will be meeting with Derrick Land this Wednesday to discuss a proposal that they may be allowed to retest the lots. If they can establish, according to the City Engineer's satisfaction that the lots are buildable, they be allowed to construct homes. One of the conditions attached to the grading permit was, if the tests were performed and indicated they were not buildable, Derrick Land would remove the dirt that they trucked in. Filla will report back at the March 19th Council meeting. If the resolution to the Derrick matter is hauling the fill away, Bohrer stated this could be done by having him cross his own lots to get to Highlands Trail. If the final outcome is that the four lots are buildable, two lots front Highland and two front Hytrail, it wouldn't have any more or less construction traffic than any other homes that were built in that area. Councilman Hunt stated if you let the road go too long, you force complete reconstruction and end up with much more expensive reconstruction. M/S/P Dick Johnson/Mottaz - to adopt Resolution No. 91-9 Orderinn the Improvement and Preparation of Plans and Specifications for the Bituminous Patching and Overlay of Hytrail Avenue N., from Highl.ands Trail North to 59th Street North. (Motion carried 5-0). C. PUBLIC HEARING: Bituminous Overlay Improvement of Legion Avenue from 20th Street to the North Junction of Legion Lane Mayor Johnson opened up the public hearing at 8:22 p.m. in the City Council chambers. The public hearing notice was published on February 13th and 20th in the St. Croix Valley Press and. all affected property owners were notified. Tom Prew reported Legion Avenue was constructed about 1976 as part of the Eden Park development. It was seal coated in 1984 and it was patched extensively in 1989. This project was proposed in 1990, but it was decided to wait until construction within Packard Park 3rd Addition was complete. The proposed improvement is to overlay the street wth a 1 1/2" thick bituminous overlay to strengthen the entire surface and seal off the cracks. Gravel will be added to the shoulder and all driveways will be matched. The estimated project cost is $21,050.00 and it is proposed that each parcel which benefits from the improvement be assessed. Benefitting property is every parcel which abuts the street or gains primary access from the street. Corner lots which were recently assessed for street improvement on one side will receive a one-half assessment on Legion Avenue. Lots that have double frontage, but are not corner lots, will be reviewed individually to see if the property benefits from the second frontage. In this case, Lots 3 and 4, Packard. Park 2nd Addition have secondary frontage to Legion Avenue. But since the