RES 2012-88 - 14999RESOLUTION NO. 2012 - 88
A RESOLUTION ORDERING OAK GLEN CREEK IMPROVEMENTS PROJECT NO.
380, AUTHORIZING PREPARATION OF FINAL PLANS AND SPECIFICATIONS,
AUTHORIZING THE ADVERTISEMENT FOR BIDS, AND
AUTHORIZING PREPARATION OF PRELIMINARY PROPOSED ASSESSMENT
ROLL FOR PENDING ASSESSMENT REPORTING PURPOSES
WHEREAS, in recent years, several properties along Oak Glen Creek have experienced severe
erosion of their banks with Oak Glen Creek; and
WHEREAS, it is in the interest of the City of Fridley, and its residents and property owners to
perform bank stabilization and other improvements on the properties adjacent to Oak Glen Creek
and prevent further erosion and adverse impact to the banks of Oak Glen Creek; and
WHEREAS, City staff has held several joint meetings with the Anoka Conservation District
(ACD) on the matter with adjacent residents to review alternatives for mitigation of this erosion;
and
WHEREAS, the OAK GLEN CREEK IMROVEMENTS PROJECT NO. 380, was
developed to provide for mitigation of this erosion; and
WHEREAS, the OAK GLEN CREEK IMROVEMENTS PROJECT NO. 380 was submitted
for funding by the ACD and has been awarded funding of $339,700 through the Clean Water
Fund Competitive Grant program; and
WHEREAS, City staff held an open houses to discuss this project, funding, and need for easements
on March 28, 2012 and May 15 2012, and residents were invited to attend and discuss the project,
funding, and need for easements,
WHEREAS, on February 13, 2012, the City Council passed Resolution 2012 -14 calling for the
City's Public Works Engineering Division to prepare a feasibility study and prepare preliminary
plans and specifications for the OAK GLEN CREEK IMROVEMENTS PROJECT NO. 380;
and
WHEREAS, on June 7, 2012, the City Council passed Resolution No. 2012 -35 which received
the feasibility study recommendations of the Public Works Director prepared pursuant to Minn.
Stat. § 429.031, Subd. 1(b); and called for a public improvement hearing on the matter of the
construction of certain improvements listed in the feasibility study concerning the OAK GLEN
CREEK IMROVEMENTS PROJECT NO. 380 to be noticed pursuant to Minn. Stat. §
429.021, Subd. 1(a); and
WHEREAS, the feasibility study concluded that the improvements are necessary, cost - effective,
and feasible to construct upon receipt of granted permanent easements from adjacent property
owners; and
Resolution No. 2012 -88 Page 2
WHEREAS, the granted permanent easements from adjacent property owners have been
substantially obtained; and
WHEREAS, the City noticed a public hearing on the OAK GLEN CREEK IMROVEMENTS
PROJECT NO. 380 for July 9, 2012. A Notice of Public Hearing was published by the City's
official newspaper on June 21, 2012 and June 28, 2012 and was mailed to affected property
owners on or about June 15, 2012, pursuant to Minn. Stat. § 429.031, Subd. 1(a); and
WHEREAS, the public hearing regarding said improvements was held thereon on July 9, 2012
at which all persons desiring to be heard were given an opportunity to be heard thereon; and
WHEREAS, the City of Fridley has approved a Joint Powers Agreement for Stabilization of the
Oak Glen Creek Ravine. in The Citv Of Fridley
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY, MINNESOTA:
1. The OAK GLEN CREEK IMROVEMENTS PROJECT NO. 380 is
necessary, cost - effective, and feasible as detailed in the feasibility report.
2. That the improvements and design features proposed in the feasibility report
for the OAK GLEN CREEK IMROVEMENTS PROJECT NO. 380 are
hereby ordered to be effected and completed as soon as reasonably possible,
to -wit:
Installation of rock check dams, boulder slope stabilization, brush
bundles and revetments for stabilization, vegetative riprap channel
lining, shrub plantings, erosion control blanket and seeding, extension of
drainage pipes and rain leaders, and installation of stormwater Best
Management Practices (BMPs) and top of bank buffer maintenance
where agreed upon with property owners along Oak Glen Creek from
East River Road to the Mississippi River.
3. That the OAK GLEN CREEK IMROVEMENTS PROJECT NO. 380 is
hereby ordered by this Resolution in conformance with Minnesota Statutes,
Chapter 429.
4. That the Director of Public Works, James P. Kosluchar, is hereby designated
as the engineer for this improvement. He shall oversee the preparation of
plans, specifications and estimates of costs thereof for making of such
improvements.
5. That final plans, specifications, and estimates in substantial conformance with
the design features desired and approved by the City Council at the July 9,
2012 public hearing are prepared by the Public Works Department and
Resolution No. 2012 -88
provided to the City Council as they are completed.
6. That the Public Works Department is hereby authorized to call and advertise
for bids in order that project award and construction can be considered.
7. That the construction contract shall be let /awarded no later than two years
after the adoption of this Resolution pursuant to Minn. Stat. §429.041.
8. That the City staff and City Public Works Department are hereby authorized
to prepare a "preliminary" proposed assessment roll for all affected properties.
Said "preliminary" proposed assessment roll shall be used for pending
assessment reporting purposes.
Page 3
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
3n' DAY OF DECEMBER 2012.
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SCOTT J. LUND – MAYOR
ATTEST:
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DEBRA A. SKOGENU CITY CLERK