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5^ <br />•f. <br />I’II <br />t <br />fI <br />hik1^' <br />I-: <br />:-i <br />pf: <br />¥'■ <br />PX- <br />Cook replied, "Yer., that would be .rorrect." <br />Mitchell said, ''I am trying to point out that Minnesota Law <br />e-ititles water to flow dov/nstrean, which is what it is now doing. <br />Tne City has the authority to put in a pipe wherever they feel it <br />is necessary, but the City cannot assess the cost buck to <br />residents that will have no benefit from that project. The water <br />is simply going where it has always gene, and the residents in <br />the area are not obligated to pay for that." <br />There were no additional comments from the public, and Mayor <br />Peterson closed the Public Hea^'ing at 7:‘.5 p.m. <br />It was moved by Jabbour, seconded by Butler, to abandon this <br />project, based on the fact that the vast majority of residents in <br />the area are opposed to it. Further, there is no public safety <br />risk to warrant the City to mandate the project ana assess the <br />residents. Mayor Peterson stated that tiiere nu■ been a <br />significant amount of time and money spent on this issue. She <br />commented that it would have been helpful if all those opposed to <br />the project would have come forward at the very beginning. She <br />thanked the residents for coming forward at this point. B..tlar <br />stated that given the fact that the majority of residents would <br />appeal the assessment of this project, it would be unwise to <br />proceed any further. Jabbour added that Council would not be <br />spending the citizen's tax dollars economically if it chooses to <br />engage legal counsel to assist with the appeal process. All <br />voted aye. Motion passed. <br />APPROVAL OP HIHUTES: <br />(#4*)MIM(ITES OP MAY 13, 1991 REGULAR COUNCIL MEETING <br />It was moved by Jabbour, seconded by Goetten, to approve the <br />minutes of the Regular Council Meeting held May M, 1991. All <br />voted aye. Motion passed. <br />(•5*)N1HIITBS OP NAY 13, 1991 RECONVENED BOARP OF REVIEW <br />It was moved by Jabbour, seconded by Goetten, to approve the <br />minutes of the May 13, 1991 Reconvened Board of Review. All <br />voted aye. Motion passed. <br />LAKE NIMHETOMKA CONSERVATION DISTRICT REPORT-JOELLEN BURR <br />LMCD Representative, JoElleu Burr reported that at the May <br />22, 1991 LMCD Board Meeting, the license request for L?keside <br />Marina waa reviewed and granted. This Marina had been given <br />approval last year to extend its dock out 6JC f»et. Burr and <br />Councilmember Jabbour, who attended t.he meeting, informed the <br />Board that they felt 6J0 f »et was excesrive and should not be <br />approved this year. As a result, the Board approved the license <br />with the dock extending to a maximum of 200 feet. The owner of <br />the Marina was given a specific time table in which to bring the <br />dock into conformance. She noted that the dock currently extends <br />437 feet, and that the LMCD h.as askad the Orono City Staff and <br />- 3 - <br />....