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ORONO CITY COUNCIL MEETING HELD MAY 28, 1991 (13)NAVARRE HEIGHTS STORM SEWER CONTINUED Mitchell asked. "Would it be safe to say that the water is following its natural drainage pattern at this time?” Cook replied, "Yes, that would be correct." Mitchell said, "I am trying to point out that Minnesota Law entitles water to flow dov/nstream, which is what it is now doing. The City has the authority to put in a pipe wherever they feel it is necessary, but the City cannot assess the cost back to residents that will have no benefit from that project. The water is simply going where it has always gone, and the residents in the area are not obligated to pay for that." There were no additional comments from the public, and Mayor Peterson closed the Public Hearing at 7:15 p.m. It was moved by Jabbour, seconded by Butler, to abandon this project, based on the fact that the vast majority of residents in the area are opposed to it. Further, there is no public safety risk to warrant the City to mandate the project and assess the residents. Mayor Peterson stated that there has been a significant amount of time and money spent on this issue. She commented that it would have been helpful if all those opposed to the project would have come forward at the very beginning. She thanked the residents for coming forward at this point. Butler stated that given the fact that the majority of residents would appeal the assessment of this project, it would be un\/ise to proceed any further. Jabbour added that Council would not be spending the citizen's tax dollars economically if it chooses to engage legal counsel to assist with the appeal process. All voted aye. Motion passed. APPROVAL OF MINUTES: (#4*)MINUTES OF MAY 13, 1991 REGULAR COUNCIL MEETING It was moved by Jabbour, seconded by Goetten, to approve the minutes of the Regular Council Meeting held May 13, 1991. All voted aye. Motion passed. (#5*)MINUTES OF MAY 13, 1991 RE-CONVENED BOARD OF REVIEtl It was moved by Jabbour, seconded by Goetten, to approve the minutes of the May 13, 1991 Re-convened Board of Review. All voted aye. Motion passed. LAKE MINNETONKA CONSERVATION DISTRICT REPORT-JOELLEN HURR LMCD Representative, JoEllen Hurr reported that at the May 22, 1991 LMCD Board Meeting, the license request for Lakeside Marina was reviewed and granted. This Marina had been given approval last year to extend its dock out 600 feet. Hurr and Councilmember Jabbour, who attended the meeting, informed the Board that they felt 600 feet was excessive and should not be - 3 -