7.1. SR 06-03-2019 - Laserfiche WebLink

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The Honorable Mayor Dietz City Council Members City of Elk River May 30, 2019 Page 2 invasive species remediation, lake water quality improvement and fishery habitat management. By being on Elk River, these landowners are not experiencing any issues regarding sedimentation, curly weed infestation, and their water quality is fairly consistent — having more to do with weather conditions than lake conditions, sediment or invasive species. As such, they do not stand to benefit in a significant way from inclusion in the OLID. Of additional significant concern is the inequitable tax implications relative to fees and assessments levied as a result of the OLID. The assessments appear to be assessed based upon the individual lots, and not on frontage owned. Many of my clients own multiple small lots on Elk River and, as submitted, the petition would obligate them to bear an unfair burden. It would be inequitable to bill a lot owner who owns two (2) forty (40) foot lots double the assessment of a lot owner having one thousand (1,000) feet of shoreline. A cursory review of the "Petition Requesting The Elk River City Council to Form an Orono Lake Improvement District" form shows that there is no disclosure of the financial affects of forming the OLID, nor is it disclosed how the assessment would be allocated among land owners (Exhibit B to the Petition). Said disclosure may have had a significant affect on the number of signatories. Also, the same form has two signature lines. In disclosing the percentages of land owning signors (see "Petition Signature Totals") there is no breakdown as to whether multiple land owners of the same land signed, or if the percentage of the total lots to be included. This is important as, similar to my client, many lot owners own multiple lots for a single residence. This information provided appears to be incomplete at best, and the form provided to the landowners may be misleading, without the inclusion of financial and assessment information. The Sample Initial Budget included within the LOIA's petition cites a five-year $905.48 annual assessment to lakeshore property owners. This assessment would be levied to each individual property owner regardless of individual property values and lake frontages. The budget goes on to account for such itemizations as miscellaneous office supplies and website maintenance fees. The property owners I represent find these assessments patently unfair. It would appear as if the planned expenditures would be undertaken to enhance the value of the landowners whose lots have invasive species or the depth at the end of their docks is now insufficient as a result of silt. While my clients are sympathetic, these costs should be borne by those whose land is affected by the maladies complained of and who chose their living accommodations accordingly. We respectfully request that the Elk River property owners be excluded from any proposed OLID and that should the Elk River City Council approve the OLID, the map be amended to show the river lots excluded therefrom and any obligations thereunder.