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'�' RESOLUTION O T C . Y COUNCIL
��`9l�-E p4�'�'G NO. � ��� � �'
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�RESQLU'TION APPROVING THE SITE PLAN
FOR THE 1°JIIN101ESOTA DE�ARTMENT OF NATURAL RESOURCES
MAXW]ELL BAY ACCESS
FILE NO. 2085
�'VHEREAS, the City of Orono is a inunicipal corporation organized and existing
� under the laws of the State of Minnesota; and
WHEREAS, the Minnesota Department of Natural Resources (DNR) intends to
construct a public waters access facility on property located at 3�90 North Shore Drive at the
southwest corner of Maxwell Bay, Lake Minnetonka; and
WI3EREAS,in a spirit of cooperation with the City of Orono the DNR on October
• 26, 1995 filed an application for a commercial site plan review with the Orono Building &Zoning
Department to facilitate a public information meeting and gain public and City input prior to
construction of the Maxwell Bay public water access; and
�VHEREA.S,on November 20, 1995 the Orono Planning Commission held a public
information meeting for the purpose of conducting a commercial site plan review of the Maawell
Bay public water access pursuant to published notification of said meeting in the off'icial newspaper
as���ell as individual mailed notification to all property o�rners within 350 feet of the property and
to all owners of property abutting Maxwell Bay; and
WHEREAS,at the aforesaid public infornlation meeting all members of the p�.�blic
wishizlg to comment on the project were allowed to speak thereon, and the Orono Plailning
Commission directed City staff to forward those public comments to the City Council; a�ld
WHEREAS,the Orono City Council has reviewed the proposed Maxwell Aay�ccess
site plan at a regular meeting held December 11, 199� and has considered the public coinments
received regarding said plan, and hereby makes the following findings regarding flle Maxwell Eay
public water access:
1. The City of Orono reco`nizes its obligation to provide for access to Lake Minnetonka for
members of the public���ho are not riparian ov��ners of proper"ty' abutting Lake Minnetonka.
The City of Orono has and continues to more than adequately fulfill this obligation by
• providing and maintainin�numerous swinuning beaches and public access lanes for shore
fishing, pedestrian access and winter vehicle access; has provided for zoning allowing the
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�� �,'�' RESOWTION OF THE CITY COUNCIL
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continuation of five existing marinas witlun the City containing iu excess of 425 rental slips
for use Uy the public; and is home to Hennepin County's Nort?i Arm lake access which
provides approximately 63 car/trailer parking spaces for use by the public.
2. In 1983 the DNR in conjunction with flie Governar's Lake Access Task Force concluded that
700 reliable parking spaces were needed around Lalce Miru�etonka. Tlze 80 car/trailer spaces
� proposed for the Maxwell Bay access in conjunction wifll the 63 existing car/trailer spaces
at the Noi�1i Arm access,total 143 reliable car trailer spaces within Oroiio. Further, in light
of the above inentioned 5 marinas and additional public:ake access provided by the City,tlie
City of Orono has nlore than met its obligation for providing lake access to the public, and
no additional access nor expansion of existing access should be required in the City of
� Orono.
3. The DNR initiated discussion of a new public water access site on Maxwell Bay as early as
1991,and has included the City and its residents in numerous discussions and reviews of the
• proposed siYe plan as it has developed over the past four years.
4. t�t tlle request oF the City of Orono,the so called "Straley site" originally proposed by the
DNR for a 25 car/trailer access facility,was discontinued as a feasible location far an access,
and DNR lias subsequently acquired a site located in the B-2 Lakeshore Business District
which is in the opinion of the City a location superior in many ways to the Straley site for
development of a lake access, and for wliich acquisition costs by the DNR have exceeded
$2;000,400.
5. In establishing guidelines for development of the M�well Bay access,the DNR has met the
intent if not the letter of Orono's enviromnental protection ordiiiances in regard to
maintaining adequate green buffers at the snoreline,providing adequate storm water controls,
anci providing adequate landscaping and vegetation while minimizing hardcover.
6. The Maxwell Bay access with 80 car/trailer spaees will provide adequate off street parking
to allow the City to eliminate on street car/trailer parking in the area which has becoine an
annoyance and a hazard to local residents.
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'�' RESOLUTION OF THE CITY COUNCIL
��`9$E p4�'� NO. � � s� `�
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7. The proposed Maxwell Bay access provides a number of amenities that will be enjoyed both
by Orono and non Orono residents, including a fishing pier, toilets, 3 concrete launching
, rainps with make ready docks, and adequate signage and lighting to make the site user
friendly.
8: The proposed site plan incorporates upgrades to County Road 51 and 135 including right
turn lanes and by-pass lanes to accommodate the anticipated traffc generated by the access.
, 9. The City Council finds tl:at the concerns of the City and of the public in regard to site design .
and fwiction have been substantially addressed by the Department of Natural Resources in
the "Preliminary Plan Lake Minnetonka Water Access Maxwell Bay Site" dated October 25,
1995 and the "Landscape Plan Lake Minnetonka VJater Access Maxwell Bay Site" dated
October 26, 1995.
• NOW, T'HERCFOR�, BE IT RESOLVED, by the City Council of the City of
Orono, Minncsola; lh�t thc Maxwell Bay access Preliminary Site Pl�n dated October 25, 1995 �tnd
the Maxwell Bay Access Plan da[ed October 26, 1995 are hereby approved, subject to the following
conditions:
1. The DNR is urged to discuss storm water controls for this site with the Minnehaha Creek
Watershed District, especially in relation to tlie use of grassed swales in lieu of storm water
ponding at the site. '
2'. This site plan approval is �ranted wifll the clear understanding and agreement that the DNR
will pursue no furtlier public water access sites within the City of Orono until the other 13
Lake Mimietonlca cities have provided their fair share of lake access.
3. DNR and its cont�actors and subcontractors shall during construction adhere to the "Best
Management Practices for Protecting Water Quality in Urban Areas".
4. DNR shall continue to lceep the City advised of the status of.petroleum°contamination
monitoring and cleanup on the site.
5. Operation and maintenance of the site shall be in accordance with a cooperative agreement
to be developed prior to completion of the access.� In absence of su�li an agreement,DNR
• is expected to provide for the complete operation and maintenance of said site.
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6. Because certain aspects of the function and operation of the access will be unknown until the
site is in full use,the City approves the site and landscaping plan subject to an expectation
that DNR will work with the City in addressing any future concerns generated by the access.
Adopted by the City Council of the City of Orono this 1 lth day of December, 1995.
A EST:
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Dorothy al , City Clerk Edward J. Call n, Jr., Mayor �
• STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) ,
The foregoing instrument was acknowledged before me on this 1 lth day of December, 1995
by Edward J. Callahan, Jr., and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
G����� �� (/�C-�
LINDA S.
VEE_ Notary Public
'`•;�'��+'• N07ARY PUBIIC-WIINNtS07A
� �.�: HENNEPIN CaS J n.31.200�
°. � My Commission Exp
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