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RES 1990-52 - 00003928142 RESOLUTION NO. 52 --1990 ' RESOLUTION TO THE RICE CREEK WATERSHED DISTRICT TO IMPROVE LOCKE LAKE (SUPERCEDES RESOLUTION NO. 45 -1990) WHEREAS, the Rice Creek Watershed District (RCWD) 509 Plan calls for the sedimentation removal of Locke Lake. This would also incorporate the construction of a sedimentation removal basin, and WHEREAS, the 509 Locke Lake Capital Improvement project can use either Chapter 112 or 473 funding. The City supports this District -wide funding process, and WHEREAS, the 509 Plan is approved by the Board of Water & Soil Resources allowing implementation of the 509 process, and WHEREAS, the City is ready to implement the RCWD Plan, and WHEREAS, the City of Fridley's dam at Locke Lake is failing and has received a resident petition (No. 12 -1990) for its replacement, and WHEREAS, it is considered most economical to combine the dam, sedimentation removal and pond construction into one (1) design and contract, and ' WHEREAS, a preliminary report is necessary to define the scope and costs associated with these improvements, and WHEREAS, a number of governmental agencies are involved in the funding, permitting and review of this work, and WHEREAS, the Rice Creek Watershed District is the best agency to coordinate and complete this design and construction work, and WHEREAS, the City has approved a project petition for the above project, a copy of which is attached as "Exhibit A". NOW, THEREFORE, BE IT RESOLVED by the City Council of the-City of Fridley that the Rice Creek Watershed District be the operating agency for the project including the dam replacement, sedimentation removal and sedimentation pond construction, and BE IT FURTHER RESOLVED that the City Council authorizes the filing of the petition to the Rice Creek Watershed District for the improvement of Locke Lake and dam construction coordination, and BE IT FURTHER RESOLVED that the Mayor of the City of Fridley is authorized to sign the petition on behalf of the City, and 143 Page 2 -- Resolution No. 52 - 1990 ' BE IT FURTHER RESOLVED that the City submit $20,000.00 to the Rice Creek watershed District for the preliminary report for this project for which a special accounting fund will be established and this amount will not be exceeded without the City's approval. It is understood that this amount will be reimbursed if the project proceeds to completion. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF AUGUST, 1990. WILL J. NEE, R ATTEST: SHIRLEY . HAAPALA CITY CLERK 01 1 u Resolution No. 52 - 1990 °EDaU[BIT An 1. The City of Fridley, a Xmicipal Corporation, located in Anoka County, Minnesota hereby petitions the Rice Creek Watershed District asking the Watershed District to implement a Project to improve Locke Lake, which Lake is located within the Rice Creek Watershed District and within the City of Fridley, Minnesota. 2. The Project is described as follows: Part one shall consist of the removal of the existing dam on Rice Creek near its intersection with East River Road and the construction of a new dam at this location. Part two of the Project shall consist of the removal of sediment from Locke Lake to a minimum level of six feet. Part three shall consist of the construction of a sediment retaining basin upstream from Locke lake. 3. The location of the proposed Project is shown on the attached map, which is marked as Exhibit A and made a part of this petition. 4. The petitioner believes that the entire Watershed District will be affected by the Project but that certain areas of the Watershed District will be affected in varying degrees. All of the Watershed District drains through Rice Creek, which is the drainage outlet for the entire Watershed District, and into Locke Lake. That portion of the Watershed District lying downstream from Long Lake in New Brighton, Minnesota likely contributes more sediment to the Lake than does the upper portion of the Watershed District. Those properties directly adjacent to the Lake will benefit more because of the affect on their property values. 5. The Project is needed for the following reasons: (a) The dam was not adequately constructed and is in a state of disrepair. It is in danger of failing and needs to be replaced. (b) Locke Lake has served as a sediment basin for the Watershed District for many years. over that period of time the Lake gradually filled to the point where it can no longer serve as a sediment basin and remain as a lake. Ihis has caused an economic hardship on the properties adjacent to the lake because of a decrease in their property values. (c) It will replace a defective dam with a properly designed and constructed new dam which will improve the recreational and fish life benefits of the lake. 14 4', Resolution No. 52 - 1990 z- ' (d) It will preserve and enhance the property values of properties adjacent to Locke Take. (e) It is conductive to public health, convenience and welfare 6. The petitioner will pay all costs and expenses that may be incurred in case the proceedings are dismissed or for any reason no construction contract is let for the Project. The petitioner may dismiss the petition upon payment of costs and expenses. The petitioner is attaching a check in the amount of $20,000.00 payable to the Rice Creek Watershed District. This money is for the preliminary engineering report to determine the Project's feasibility and to obtain an estimate of the cost of the Project. The petitioner has been advised by the Engineers of the Watershed District that this sum is sufficient for that purpose. The petitioner also understands that the Watershed District will not expend funds in excess of this sum without the prior agreement of the petitioner. 7. The petitioner requests that the cost of the above project be financed as follows: (a) The cost associated with the dam will be paid by the petitioner. The petitioner will seek contributions for this sum from Anoka County and the State of Minnesota. The petitioner also ' intends to assess the adjacent property owners for a portion of this cost. (b) The cost of the sediment removal from the Lake shall be paid as proposed in the Watershed District's 509 Plan. This Plan provides that the District will finance the major portion of the cost through District -wide tax levy. The petitioner requests that this levy be made by the Watershed District under its authority under Minnesota Statutes, Chapter 112 or Chapter 473, whichever is most easily implemented. The petitioner also requests that the Watershed District not implement any special assessments for this portion of the Project. (c) The cost of the sediment retention basis shall be paid by a District -wide tax levy. This petition is respectfully submitted for your consideration. Dated this 13th day of August, 1990. CITY OF FRIDLEY WILLIAM J. MAYOR 145