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1 <br />ATTORNEYS AT LAW <br />May 30, 2019 AY 3 ®2019 <br />Via Hand Deliver <br />The Honorable John J. Dietz <br />City Council Members <br />City of Elk River <br />13065 Orono Parkway <br />Elk River, MN 55330 <br />Re: Proposed Orono Lake Improvement District <br />Objection of Elk River Lot Owners to Inclusion <br />Dear Mayor Dietz and Council Members: <br />Please be advised that Trepanier MacGillis Battina PA has been retained by certain owners of <br />lots adjoining Elk River relative to the petition by the Lake Orono Improvement Association <br />(LOIA) that is currently before The Elk River City Council. Please direct future responsive <br />correspondence to me. <br />The LOIA is petitioning for approval of the formation of the Orono Lake Improvement District <br />(OLID) with a public hearing to be held at 6:30 pm, June 3rd, 2019, at Elk River City Hall. Our <br />clients own ten (10) lots on Elk River that have been included in the proposed OLID. These lots <br />are located within Section # 30 of LOIA's proposed district map (Exhibit "A" in the LOIA <br />application). <br />For the reasons set out below, the lot owners I represent respectfully request to be excluded <br />from the Orono Lake Improvement District. First, and foremost, these property owners do not <br />own lakefront property on Lake Orono. The map submitted by the LOIA clearly denotes where <br />the river begins and the lake ends. I have included a color copy of a second map that appears <br />to be the source map for Exhibit A to the petition. There is clearly a grey colored line across the <br />northwest corner of the lake denoting the westernmost edge of Lake Orono and the beginning <br />of Elk River. According to Minnesota Statute 10313. 521 (1)(a)(4), proposed district boundaries <br />are encouraged "to be consistent as possible with natural hydrological boundaries." We feel as <br />if the boundary was extended into Elk River for the sole reason of increasing collection of <br />assessments and not because the shoreline of said lots need remediation. <br />The property owners I represent are situated along 189th Avenue Northwest. In this location, <br />Elk River has a substantive current, and the water use and activities are materially different <br />from that of Lake Orono. These property owners would not be significant beneficiaries of the <br />proposed OLID. The LOIA's petition lists specific action plans centered around lake dredging, <br />8000 Flour Exchange Building - 310 Fourth Avenue South - Minneapolis, MN 55415 <br />Phone: 612.455.0500 - Fax: 612.455.0501 - www.trepanierlow.com <br />