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WHEREAS, on June 12, 2019, the DNR responded to the city's request for a review of <br />the proposed boundaries of the OLID and advised the city that the boundaries as proposed <br />in the petition for the OLID are appropriate; and <br />WHEREAS, the City Council held their meeting on June 17, 2019, to review the <br />Application and all materials submitted for the public record, and to ask additional questions <br />of city staff and the Applicant; and <br />WHEREAS, the City Council, at the conclusion of its June 17, 2019, meeting on the <br />Applicant's Application, adopted this resolution making the following Findings of Fact and <br />Decision, denying the Application. <br />NOW, THEREFORE, the City Council of the City of Elk River, Minnesota, makes the <br />following findings of fact and decision with respect to the Petition by the Lake Orono Water <br />Quality Committee for the establishment of a lake improvement district: <br />FINDINGS OF FACT <br />1. Minnesota Statutes Section 103B.515, Initiation and Establishment by County Board, provides <br />in Subd. 4. Establishment, that a lake improvement district may be established if the City <br />Council determines that: <br />a. The proposed district is necessary or that the public welfare will be promoted by <br />the establishment of the district. <br />b. Property to be included in the district will be benefitted by establishment of the <br />district; and <br />c. Formation of the district will not cause or contribute to long-range <br />environmental pollution. <br />2. The City Council finds that the proposed OLID is not necessary because: <br />a. The Lake Orono Improvement Association already undertakes many of the <br />activities proposed to be undertaken by the OLID. It is therefore unnecessary to <br />establish a new entity to undertake these activities; and <br />b. The proposed Lake Orono Restoration and Enhancement Project ("LORE") can <br />proceed without establishment of the OLID because: <br />i. In 1998, the city completed a similar dredging project without a lake <br />improvement district in place; and <br />ii. The city has the authority to proceed with the LORE project, and to <br />assess benefitted properties for a portion of the cost of the LORE <br />project, without the establishment of the OLID. <br />3. The City Council finds that establishing the proposed OLID will not necessarily <br />promote the public welfare because most of the activities proposed to be undertaken by <br />the OLID can be untaken by the Lake Orono Improvement Association and other civic <br />groups and governmental agencies. <br />4. The City Council finds that property to be included in the OLID will not necessarily be <br />benefited by establishment of the OLID because most of the activities proposed to be <br />undertaken by the OLID for the benefit of the lake can be undertaken by other civic <br />groups of government NATUREJ <br />