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I-' <br />fi <br />ORONO CITY COUNCIL MEETING HELD MAY 28, 1991 <br />(|3)NAVARRE HEIGHTS STORM SEWER CONTINUED <br />Mitchell asked. "VJould it be safe to say that the water is <br />following its natural drainage pattern at this time?” <br />Cook replied, "Yes, that would be correct." <br />Mitchell said, "I am trying to point out that Minnesota Law <br />entitles water to flow downstream, which is what it is now doing. <br />The City has the authority to put in a pipe wherever they feel it <br />is necessary, but the City cannot assess the cost oack to <br />residents that will have no benefit from that project. The water <br />is simply going where it has always gone, 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 Hearing at .:13 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 and assess the <br />residents. Mayor Peterson stated that there has 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 />^he project would have come forward at the very beginning. She <br />thanked the residents for coming forward at this point. Butler <br />stated that given the fact that the ma;3ority of residents would <br />appeal the assessment of this project, it would be un\/ise 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 OF MINUTES: <br />(«4*)N1MUTBS OP MAY 13. 1991 REGULAR COONCiL MEETING <br />It was moved by Jabbour, seconded by Goetten, to approve the <br />minutes of the Regular Council Meeting held May 13, 1991. All <br />voted aye. Motion passed. <br />(•5*)NIHUTBS OF MAY 13, 1991 RE-CONVENED BOARD OF REVIEW <br />It was moved by Jabbour, seconded by Goetten, to approve the <br />minutes of the May 13, 1991 Re-convened Board of Review. All <br />voted aye. Motion passed. <br />LAKE MINNETONKA CONSERVATION DISTRICT REPORT-JOELLEN HORR <br />LMCD Representative, JoEllen Hurr reported that at the May <br />22, 1991 LMCD Board Meeting, the license request for Lakeside <br />Marina was reviewed and granted. This Marina had been given <br />approval last year to extend its dock out 600 feet. Hurr and <br />Councilmamber Jabbour, who attended the meeting, informed the <br />Board that they felt 600 feet was excessive and should not be <br />- 3 -