HomeMy WebLinkAbout01-18-2022 Planning Commission Minutes MINUTES OF THE
ORONO PLANNING COMMISSION
Tuesday,January 18,2022
6:00 o'clock p.m.
ROLL CALL
The Orono Planning Commission met on the above-mentioned date with the following members present:
Vice Chair Jon Ressler,Mark McCutcheon,Bob Erickson,Alternate Dave Peterson. Chair Scott Kirchner
and Commissioners Chris Bollis,Dennis Libby,Matt Gettman were absent. Representing Staff were
Community Development Director Jeremy Barnhart,City Planner Melanie Curtis, and City Planner Laura
Oakden.
Vice Chair Ressler called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
McCutcheon moved,Erickson seconded,to approve the Agenda.VOTE: Ayes 4,Nays 0.
APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 15,2021
McCutcheon moved,Peterson seconded,to approve the minutes of the Orono Planning
Commission meeting of November 15,2021.VOTE: Ayes 4,Nays 0.
PUBLIC HEARINGS
Vice Chair Ressler noted the Applicant for item 2,LA21-000077 has asked for the item to be tabled.He
noted many people are present this evening for public hearing on the item so the Planning Commission
will allow public comment so those present do not have to come back another time to speak.
1. LA21-000071 PAUL TAUTON,3600 WY PLACE,CONDITIONAL USE PERMIT(CUP)
Paul Tauton,Applicant,was present.
Staff presented a summary packet of information. Ms. Oakden noted the Applicant is looking for a CUP
for a structure in the floodplain to install a permanent dock. The Lake Minnetonka Conservation District
(LMCD)regulates docks on the lake and they have not yet issued a permit. However the proposed dock
will extend 40 feet off the shore and the LMCD is working with the Applicant at this time.An updated
layout was emailed to Commissioners and published to the website earlier in the day,along with public
comment received. Per City code permanent docks may be allowed with a CUP following the standards
and procedures set forth by the code. Staff recommends approval of this CUP for construction of the
proposed permanent dock subject to the following conditions:
1. The dock may be allowed as long as it continues to be permitted by the LMCD and DNR
and is in conformity with the rules and regulations of those agencies, and
2. The dock is not to be used for commercial purposes or rented.
McCutcheon asked with the dock to the south,is there room for this new proposed dock.
Oakden noted the location of the dock is something the LMCD will review and they are coordinating with
the Applicant regarding lake depths and location.
Paul Tauton,3600 Casco Point,noted he is present and available for questions.
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Chair Ressler opened the public hearing at 6:09 p.m.
Jay Nygard, 1386 Rest Point Road,does not have a problem with the application but he does not
understand why they are before the City Council this evening.He knows there is a teeny bit of the dock
that might be attached to the shore and it seems silly to him. The LMCD regulates docks on the lake and
should issue the permit for the dock. He noted they are making Mr. Tauton go through a double process
for no reason and the overregulating seems silly. It hearkens him back to"Nancy the dock lady"whom
the City prosecuted a few years ago for renting out a single space so she could pay her taxes and stay in
the family home;she had to go through two different criminal charges over that and it makes no sense to
him. They should be encouraging people to stay in the City and should not be overregulating.He noted
this does not fall under a conditional use because everyone on the lake gets to have a dock.He thinks
things like this have to go away.
Chair Ressler closed the public hearing at 6:11 p.m.
McCutcheon moved,Peterson seconded,to approve LA21-000071,3600 Ivy Place,Conditional Use
Permit(CUP).VOTE: Ayes: 4,Nays 0.
2. LA21-000077 PKA ARCHITECTURE OB/O LONG LAKE ROWING CREW AND THE
CITY OF ORONO,455 EAST LONG LAKE ROAD(SUMMIT BEACH PARK),
CONDITIONAL USE PERMIT AND TEXT AMENDMENT.
Ms. Curtis noted that the Applicant requested the item be tabled tonight;therefore Staff recommends the
Planning Commission receive any public comment and table the application. The Applicant will have an
opportunity to review the comments and make adjustments to their plans to be reviewed at a future
meeting and when appropriate a notice will be published,posted,and mailed prior to the next public
hearing date for the item.
Chair Kirchner opened the public hearing at 6:15 p.m.
Elizabeth Weir, 765 Bridgewater Drive,brought a document from Hennepin County which she thinks
relates to Summit Park,signed February 21, 1980 by Doug and Virginia Dayton. She read a portion of the
document saying:
No structure shall be constructed, erected, or placed upon, above, or beneath the land including without
limitation,principle or accessory buildings,fireplaces, steps, docks,piers, hardcover, or roads of any
nature whatsoever, or any other structure or improvement inconsistent with the natural state of the land.
Ms. Weir hopes this relates to Summit Park and thinks the Planning Commission should consider if it is
appropriate to give donated land for public use to a private entity.
Eleanor Winston,765 Springhill Road,brought a letter that Brandt Dayton wrote and read it aloud:
Dear Mayor Walsh and members of the Orono City Council and Planning Commission,
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My siblings, Governor Mark Dayton, Lucy Dayton,Ann Dayton, and myself are the children of Bruce
Dayton. I have consulted with all of them today and am writing on behalf of the four of us. We are
dismayed to hear that the property our father gave to the City of Orono in 1978 called Summit Park is in
danger of being developed. It is particularly disconcerting to think that the 72-hour notice of the hearing
over this development is being rushed over a holiday weekend as if to slip it by public notice and
discussion. In quite a different spirit, Bruce Dayton spent many decades preserving the simple bucolic
beauty of the east side of Long Lake.I am a man of 72 and from my earliest days accompanied my father
on walks and rides along East Long Lake Road(then a dirt road), he would tell me of his vision to
preserve the end of the lake in all its natural simplicity. He felt it was so special that there were no houses
or structures at that end of the lake and thus it was in unusually well-preserved condition for a lake so
close to Minneapolis. He had the vision of keeping it that way for future generations. My father
proceeded to go calling over many years on all of his neighbors, many of whom were his friends, who
owned land along East Long Lake Road, to persuade them of the benefit to the people of Orono of
preserving this end of the lake in perpetuity. With some of these neighbors it took years to get them to
agree to put easements on the parks of their land along the lake so they would not be developed with
structures. I went with my father on some of the meetings with these neighbors. In the case of the Kohls
family, he convinced them to contribute their house and property to the creation of Spring Hill
Conference Center, a public spirit adventure of its own. But his actual underlying motive with the
creation of Spring Hill was to preserve the Kohls land along East Long Lake and prevent its development.
Finally Bruce Dayton had the opportunity to purchase the Valerius Resort on the side of Summit Park.
This resort had a bit of a shady reputation and Dad was relieved to be able to rid the neighborhood of it.
He took great joy in removing the buildings on this last key property to create a continuous stretch of
open space along East Long Lake Road and the shore of the lake. Dad loved the fact that East Long Lake
was now preserved in a natural and serene state for use by the general public. When he gave the land for
Summit Park to the City of Orono he was particularly pleased that the spot would be used by all the
public of Orono for a simple swimming hole and picnic area. He felt that these uses were in keeping with
the natural beauty and quiet of East Long Lake which he had worked carefully and long to preserve. We
feel that Bruce Dayton would never have chosen to have this park developed for use by any particular
group other than the general public.Also, he would have objected strongly to any structure on this land,
given that his whole vision was to remove and prevent all buildings of any kind along that end of the lake.
The proposed development before you is out of keeping with the philanthropic intention of his gift for
maximum conservation of natural beauty and general public use. Dad was a devoted citizen of Orono and
trusted the City of Orono to protect the best interests of its local general public better than anyone. He
was very pleased to have made a gift directly to Orono as he loved the corner of the world where he lived
and wanted to keep it a quiet, beautiful place everyone would enjoy. We respectfully ask that you not
approve this development as it is out of keeping with the intention of our father's very generous and far-
sighted original gift. Sincerely yours, Brandt Dayton
Ms. Winston stated she had been a neighbor of the Dayton's for almost 80 years and knew them well. She
totally agrees with what Brandt has to say and is glad to read his letter.
Tom Bergstrom, 1509 Long Lake Boulevard,begged and pleaded with the Long Lake Rowing Club
(LLRC)on Friday,Monday,and today to table this matter to connect with the public. Instead,they stole
him,as a father,for the entire weekend to understand what is 520 pages of information to then have them
at the last minute adhere to tabling the issue.He read a speech saying:
I am here today because I stand up for a park that can't speak for itself. I stand up for a public which
hadn't been informed or given time to properly understand these 20+exhibits and more than 500 pages
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worth of information that were only available one business day prior to today. I am here because the
LLRC's application does not comply with City and State ordinances, and both for the CUP and the
hardcover variances. I am here today because the public clearly has concerns. I am here today because
you have been blatantly misled by the LLRC.As a community member I am outraged by the lack of
transparency by the LLRC regarding this proposal as it has been sold to us as a public-private
partnership. On the July 27, 2020 Planning Commission, they moved and voted to seek a broader set of
community input and that the Park Commission should have a role in that. The fact is, the LLRC has not
engaged in a single meeting in over two years with the community. The LLRC blatantly misleads us on
their narrative report that they have hosted numerous community events getting feedback from the
community.I personally met(via Zoom)with both Rob and Amy from the LLRC on Friday morning
requesting that they push back tonight's meeting by 30 days so they could hold a public Q&A. The
response from Rob was the strategy has been and will continue to be that the LLRC is an organization
that will operate independently and we are following all the City protocols for moving this protect
forward and will not be holding a public Q&A and will not be moving the meeting.It is shameful to say
that this is a public-private partnership. Summit Beach Park was graciously donated by the Dayton
family to the City or Orono 40 years ago. We know regarding the adjoining easement from the Daytons
that their family's intentions with these public donations were to keep them in a natural state,fully
accessible to the public. Their easement on this adjoining donation specifically mentions no buildings,
hardcovers, no earth can be moved, no trees can be cut down. What we now know as Summit Beach Park
was given to the City of Orono in two separate donations by the Daytons. Unfortunately, most likely due
to a record not being properly recorded or a record being lost, we do not have an official easement
section from Summit Beach Park that the LLRC wishes to build on their club house. We do know after
speaking to the former mayor of Orono, Lou Oberhauser, who said today that the donor's desire was that
the property and the beach was to be kept as a neighborhood asset and to not be improved. His belief that
Bruce Dayton, who he personally spoke with, was that keeping the area undeveloped would be an asset to
the residents in this immediate area and he was concerned that improving the area would be detrimental
to the neighborhood. This information comes directly from a person who dealt with Bruce Dayton during
these donations. Do not believe for one second that the Dayton's intentions would have wanted this land
to be built upon, no less by an organization to build a private club house. It is truly unbelievable that the
LLRC, a non-profit organization, one that relies on private donors would have the nerve to attempt to
redirect a deceased donor's contribution from the people of Orono. Let's talk about this members-only
private club house because that is what it is. It is not a public building. If it was public, the public would
have daily or near-daily accessibility to its amenities.Sadly, the indoor space on this proposal would
have less than 1%accessibility to the public on a daily basis, which is a single-stall bathroom. But don't
worry, the LLRC members won't need to use this bathroom because they would have plenty of access to
their men's and women's locker rooms with multiple showers, multiple toilets, changing room, and
lockers. The LLRC promises potential for community access to the building, a whole one day a month on
their website which equates to 3%per year. Yes, the community can join the sport but keep in mind it is
an extremely expensive sport that is outside the means of most community members. The community is
concerned about the project and many are against the LLRC proposal. I started a Change.org proposal
active on Saturday morning with over 100 people signing on the first day, 200 on Sunday, 350 on
Monday, and over 550 on Tuesday evening. Rob,Amy, and I spoke about the hundreds of likes, shares,
and posts on Nextdoor and Facebook regarding the public's concerns and questions about the LLRC's
proposal. The LLRC was aware of the community's questions and concerns over the past 8 days but
decided not to respond to a single question or concern. Once again, this would be shameful to call a
public-private partnership. Frankly, I think it is unfathomable that the LLRC would request a variance on
an ordinance that exists to help protect the very waters on which they row upon. I would strongly
encourage the Planning Commission to deny any request of this nature. The LLRC had us here this
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evening because they claim they need a permanent home. The fact is that they have a permanent home
here within our community with over 50%of the members within the community. They are under no
threat to lose their home, they have ample, safe, no-charge space to store their equipment, they have
already afforded community members health benefits and a fun activity to join on Long Lake. Team
members have learned how to be part of a team and how to do many successful things like winning
competition and even earning scholarships.All this exists today with or without a club house.Please do
not listen to any misinformation that they need a club house when what they really want is a private club
house. They claim their equipment cannot be stored outside;I have reached out to boat manufacturers
who have said it is perfectly fine to store them outside.I have connected with authors in regards to
rowing equipment who also said it is totally fine to store them outside. I strongly caution the Planning
Commission and the City Council to take the time to understand why this is not in our community's best
interest and tonight, deny both applications. The Daytons left their legacy by leaving the public this park
and the City of Orono as the guardians. Tonight,you decide to make your own legacy or to change the
Dayton's.
Larry Carlson has lived on Old Long Lake Road for 34 years.It was his honor and privilege to work for
Bruce and Ruth Dayton as their caretaker and property manager for 26 of those years.They had many
discussions about how to preserve the main property along Old Long Lake Road and how to keep it in its
natural state.Through their vision and generosity it became Wood Rail Scientific and Nature Area and
will remain undeveloped and enjoyed by all in perpetuity. In 1980 Bruce donated the Summit Beach
property to the City of Orono and Mr. Carlson is convinced his vision for it is to remain as a natural space
and more importantly for it to remain a public space.I cannot envision any scenario where he would view
an 8,000 square foot private-entity building and a huge dock complex as maintaining natural and public
spaces.Mr.Carlson read parts of a letter from Ron Bowen,the founder of Prairie Restorations,Inc.,and
also a former employee:
In my years of working at Wood Rail for Bruce, I came to know all his property very intimately. The
property down on the lake has met with Bruce's vision of becoming a public space. It seems
inappropriate to me that the space would now become available for a rowing facility as it would serve a
relatively small number of people. This would not meet with Bruce's original vision. He was very fond of
providing this outdoor amenity for all of the public. He did not have the vision that it would become a
private rowing club. I hope you will seriously consider these factors and maintain an optimum amount of
access to the general public.Much of it has been used for the last 40 years in this way and it should be
maintained as it was intended. Sincerely, Ron Bowen
Mr. Carlson does not view this as a case of"not in my backyard"but as a sincere desire to maintain an
unfettered public space per Bruce's vision,generosity,and foresightedness.
Sonja Lockman, 115 Luce Line Ridge,has studied and worked in the realm of human behavior since
1990.Today she has come to express her concern with what is a seeming pattern of the Council behaving
in a manner that does not follow typical human behavior. Specifically there seems to be a pattern of
giving away public land for the great benefit of a small, select,few,private organizations and their
members. These people are often not even citizens paying taxes into or able to vote within the City of
Orono.Indeed,the actions of the Council could create adverse impact to the environment and citizens of
Orono and Long Lake. She keeps hearing the guise of public-private partnership as the reason for these
actions.However,true public-private partnership creates notable, obvious benefit for both sides.Think of
the Trump Administration providing funds and guaranteed orders to potential creators of urgently needed
Covid vaccines or private companies that maintain segments of public roadways and receive a small toll
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per car using them. In the case of both Summit Beach and Lowry Woods,the Council is going out of its
way to go against the expressly-stated intent of the original land owners who donated land to Orono's
care and preservation. They are bending over backwards to negate the basic contract of these properties,
to violate the trust inherent in those land donations without any clear or apparent universal benefit to the
citizens of Orono.That is not meeting a fiduciary responsibility. It is not preserving the environment. It is
not to use the land in a manner intended in the donation. It only benefits a private organization with
relatively small membership that often do not even live here. In the 2020 letters noting the for and against
in the City's materials,of the 99 people who had registered themselves only 5 people were for this
development who were also residents or Orono or Long Lake and also not members. 5%had no vested
interest and still wanted this development to continue. In looking at LLRC's website it says they have
benefitted up to 400 people. If one took only 7,000 residents of Orono not counting Long Lake,
understanding that roughly half of all the people that benefit from the LLRC's business are actually
residents,it means this company only benefits about 3.5%of the residents of Orono.This is also an issue
that does not need such a fix.The LLRC can easily continue where they are in the commercial part of the
lake,can secure and cover their equipment if they are so worried,and can house their equipment for the
winter somewhere that is not on public property. There is no real problem needing a solution,no clear
benefit to the majority of citizens,but there are clearly identifiable problems for the environment,for
precedent,and for land-use originally intended by the land owners for something else.Human behavior
just does not take those factors and give away the land for no good reason.That prompts the serious
question of just what exactly is the Council gaining in exchange for these land giveaways because it is
clearly not the general public of Orono that is gaining enough benefit to make this a clear or rational
decision.
Barbara Schmidt,50 Landmark Drive,read a letter:
Dear Planning Commission,
I am known as the "tree lady."I am the taxpayer that has been busy out trying to keep a local sports team
off my private property and out of Bederwood, Big Woods, and the Lowry Woods Nature Conservation
Area. Sound familiar? That is because it is nearly the same scenario as tonight. Someone in our City
government hands over a piece of public property for development without including the neighbors or
constituents in the process. Sound familiar? Orono public land is being taken for private gain. It is either
being given away to become a personal asset or for private development, neither of which give all
constituents access or benefit. In fact in most cases the constituents lose access to Lake Minnetonka and
natural areas without any meaningful chance to be heard at all. Out of the hundreds of people I've met
and the thousands of people I've heard on social media, no one wants Summit Beach to go to a single
niche private activity. Not one person wants to lose this natural area as it is today to become a private
club house.As our very own Mayor Dennis Walsh has said,preserving and maintaining Orono's open
space is a priority that we cannot afford not to protect and keep maintained because once you lose it you
never go back. When asked what are the most pressing issues for Orono, Councilmember Richard Crosby
said: residential building growth while preserving open spaces and a historic feel for Orono. From
Councilmember Victoria Seals:when looking at development in Orono, I, along with the City Council
should look to the community and make sure our decisions not only fall in line with the laws in place but
also with what the greater public wants. So now our City Council has taken a 180 degree turn and
supports a private, niche sports team to dominate a favorite public beach. Summit Beach land value is
somewhere worth between$2-2.5 million dollars on a conservative day. Where is the financial benefit for
the public to give away their land? What does the average person gain?Please vote to table this for
further input, table it so the environmental assessment can be done, table it because you work for us, the
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constituents. Vote no for the history books. We know this is hard but we're with you all together now.
Please do the right thing and vote to stop this private club from taking over Summit Beach.
Ms. Schmidt stated she spent the entire morning at the Hennepin County Registrar's Office pulling
documents and deeds for everyone. Someone emailed her a letter from March 30, 1978 from Bruce
Dayton's attorney when this piece of land, Summit Beach,was given to the City:
Mr. Dayton proposes an outright gift of the property to the City. This outright gift to the City will contain
the necessary provisions to ensure that the land will be used for park purposes and that the land will be
open to the general public without restrictions as to area of residency, race, or creed.
Ms. Schmidt will print the letter and send to the City so it can be added to the record.
Ellen Deutscher,308 Walker Avenue North,agrees with everything that has been said. She noted the road
leading down is very narrow and two cars can barely pass one another. She kayaks while the rowing club
is there and she sees 10-20 people at the same time and imagines one group coming and another going up
and down that narrow road. If a family was going for a swim,the beach is very small,the water and grass
areas are small,and then to have a big building on it...she does not understand practically how that will
work.Where are people going to swim and not be hit by a boat?She has kayaked all over the lake and the
area where they are looking for the docks is very shallow and will have to be a very long dock to get to a
place that is not shallow.
Alisa Benson, 1220 Lyman Avenue,has been a resident of Orono for about 14 years and moved here for
the public schools and the beautiful natural setting.As a substitute teacher and parent,one thing that
comes up a lot is the issue of fairness. One of her favorite quotes she has used in the classroom comes
from Roald Dahl's book Charlie and the Chocolate Factory which is a book about chocolate yet also
what it means to be a good citizen. In one of the famous exchanges several children are fighting and
accusations are flying about some taking more than their fair share of candy.Mr.Wonka put an end to it
with these words: "Everybody has had one,and one is enough for anybody."We teach kids from a very
young age that taking more than what is fair is not the thing to do.Most have seen at some point a child
taking fistfuls of candy that was not offered and like Mr.Wonka the impulse is to teach and model how to
behave in the world. What they are talking about tonight is not candy but about children,about adults and
seniors. It is about those who are here now and those who have come before. It is about what is imparted
on children,not by"what we say,but by what we do."It is about values,ethics,stewardship,and
community. It is about the story of our town and the neighboring communities to the north,west,east,
and south. It is about the story of the landscape and the living waters within it,the history of this town and
the stories that will be written about it today and into the future. When Mr. Dayton gifted Summit Beach
Park to the City of Orono,he did it with confidence that the land would be protected.Trees,earth,
boulders,and sand don't have dollar signs attached to them but nevertheless they are assets and they are
timeless. Our City, its elected and appointed officials and its citizens are the collective stewards of these
public assets and share the weight of the good faith promise made to Mr.Dayton and his family.This
story is also about assets of a different kind, equipment that does have price tags attached and that is
valuable to the people that use it. Ms.Benson held up a jar and said there are a hundred pieces of candy in
this jar, she then emptied the jar on the podium and put one piece back. She asked the Commissioners to
imagine that the community, its citizens, elected officials,and friends at the City of Long Lake are
represented with the candy emptied on the podium. Ms.Benson removed the one remaining piece of
candy from the jar and said that one piece represents the interest, involvement,members, and assets of the
people who wrote the proposal being discussed tonight. While there has been a lot of talk about
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community,the proposal before them tonight represents a percentage of community-members.As a
community they have the responsibility to look out for the good of everyone,not one select group or
interest no matter what it is.Ms.Benson asked to speak about the nature park proposal she presented to
the Park Commission in Orono back in November 2021. It is important that everyone understands basic
facts.First,the proposal was made by Ms.Benson as an alternative option to a plan that the Park
Commission already had in the works for a standard play structure built of metal and plastic at Summit
Beach Park. Given Mr.Dayton's commitment to preserving natural spaces the idea of having this
structure at the park seemed a less-than-ideal fit and she spent a lot of time,and was happy to do it,
talking to Park Directors and Staff in at least three different Minnesota parks who have made significant
changes to their parks.As part of her research,Ms.Benson asked each one if they could do it differently,
what would they do;the theme was community engagement from the beginning. Second,Ms.Benson is
in no way personally invested in changing the landscape of Summit Beach whether for a natural
playground or something else. She is interested in listening to the desire of the collective community. She
has learned things about the sport of rowing such as teamwork,communication,coordination,and timing
are very important...in a nutshell,working together.These are all great things,unfortunately these skills
have not been employed effectively thus far and what has been done cannot be undone.However, as a
community they can write the story of their town going forward and rather than a story of conflict it can
become a story of celebration.Ms.Benson asked them to imagine Summit Beach in the future and that
everyone,regardless of age,ability,means, influence,or recreational interest can gather and enjoy the gift
of this land in the spirit in which it was given.
Jay Nygard, 1386 Rest Point Road,was a Planning Commissioner and on the City Council. It was always
important to him to visit the property so he could understand what was going on.This is especially true in
this case,until one gets to the property to see the trees,hill,and beach, one does not really know what
they are looking at.One concern with this project is that Orono did not provide any deed,covenants,or
restrictions in the application which he thinks would be imperative for a park project that was donated.To
him,private entities are not allowed to build on public land.There is a process to go through where the
City builds and leases it out or one purchases the land and then builds on it.Another concern is that the
proposed lease was not put in the packet.How can people look at what is going on without it?Especially
because there is a clause that says the rights of the LLRC supersede any sale of the property which
basically makes the property unsaleable.The lease needs to terminate when the property is sold and to
give someone those kinds of rights is just silly. Orono should hold the keys to that property not the LLRC.
Mr.Nygard does not think the LLRC has any standing to apply for a variance on City property. He cannot
apply for a variance on someone else's property.He asked how can the LLRC put together a proposal,
claim Orono is applying for the variance,apply for the variance and move forward?It is interesting that
City Staff is pretty negative on the variance for hardcover which he has to agree with as Orono is very
strict in the 0-75 and the LLRC could either make the building smaller or move it back in order to make
this work. If Orono truly was the Applicant which is how a lot of these projects work,there would have to
be an RFP(Request for Proposal)put out with three received back so Orono could choose the best to
build on its property.This is not happening and is the reason Mr.Nygard thinks there was an end-around
done and the LLRC can just go with their guys and make it the way they want to rather than the City
being in control of what is going on. To him,they are actually violating State law by not putting out an
RFP.Mr.Nygard stated the building is just too big,it is monstrous,too tall,will dominate the property,
and will scare people away.He thinks it will probably have more uses than they are suggesting and they
need to be skeptical of these things.He also asked what are they doing removing trees in a conservation
area?Why is there no environmental impact study or study by the fire departments on the width of the
narrow road?
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Terri Panske, 3407 Harriet Avenue South,Minneapolis,has been coming to that beach for over 35 years
and brought her children and grandchildren to that beach. It makes her very angry and sad that this is even
being talked about. She noted they have talked about the building but have not talked about parking. They
will need a bigger parking lot and it would be private because it is for the rowers so nobody will be able
to park there to get to the beach.
Norm Hamman with his brother Greg Hamman,450 East Long Lake Road,have had the property for
over 50 years across the street from the park. He read the vision statement from the City of Orono's
website:
To be the residential community of choice and remain widely recognized for its preservation of natural,
rural beauty, quality of life, and recreational assets.
Mr.Hamman stated this project as proposed would be a direct conflict with the vision statement of the
city and compromise the natural beauty of this incredible public asset that was preserved in perpetuity by
one of their most gentle local benefactors.
Thomas Joyce, 1200 West Wayzata Boulevard, Long Lake, is new to the community and is very excited
at the prospect of taking his soon-to-be-born daughter to an undeveloped and natural Summit Beach Park.
He shared some statements from people across the community and the country that have previously spent
years enjoying this park.
• Jean Erickson from Monroe, WI says"This is a wonderful place to take your children,getting
them off screen time to play outside is a must."
• Mike Kohl from Orono,MN says"this was designed as a public beach with 100%access to all.
The rowing club plan will definitely change the nature of the beach and park. What other special
carve-outs will be made for private entities on public spaces in Orono and Long Lake?"
• Max Burke from Tempe,AZ Says,"This is one of my favorite spots on the lake. If this was to be
done it would ruin the nature of the lake. This is a very peaceful and family-friendly spot how it
is. Please don't build that club house."
• Amy from Big Lake says, "I grew up going to that beach and now I take my kids there."
• Krissy Spencer from Minneapolis,MN says,"Summit Beach is a hidden community treasure. It
is a place that invites us to slow down,be present,play,and revel in the beautiful nature that
surrounds our community. It should be preserved and remain accessible to all."
• John Ohman from Long Lake,MN says,"Please do not allow this boat house to be built. I have
nothing against rowing but this is a beautiful park for all the public,not a small group of rowers
who can afford it. It will hurt the diversity of use and access for those who most need it.Please,
this is public land,not private."
• Jeanette Hilton from Mayer,MN says,"I grew up in Orono and went to school in Long Lake. I
support the preservation of the beach being kept free to the public for eternity.But don't steal
from the donor's intended use."
• Karla Parra,Minneapolis,MN says,"We love this place.My little ones call it'our beach.' Let's
keep praying and supporting places like this."
Mr.Joyce wants to remind the community and the Commissioners that this is not a negotiation to reduce
the building a little bit,but rather about protecting the whole park and being good stewards to the vision
of Bruce Dayton.It is not about what they can legally do but about what a good steward should do.He
asks the City of Orono,the Planning Commission, and City Council to be good stewards of the people in
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the room tonight but also future generations.Mr.Joyce asked if the LLRC were to resubmit a proposal in
the future,would it necessitate another public hearing and similar process?
Vice Chair Ressler replied that is his understanding.As of now,the Planning Commission has not
technically heard a presentation or feedback from Staff on the item. There would be another public
hearing if the Applicant brought the presentation back.
Vice Chair Ressler thanked everyone noting he appreciates their comments and concern on the matter.He
closed the public hearing at 7:06 p.m.
McCutcheon moved,Erickson seconded,to table LA21-000077 PKA,455 East Long Lake Road
(Summit Beach Park),Conditional Use Permit and Text Amendment.VOTE: Ayes 4,Nays 0.
3. LA21-000074 TEXT AMENDMENT,PARK DEDICATION.
Staff presented a summary packet of information.Barnhart stated when they reviewed the subdivision
code in 2018 it was noted that the park dedication requirements were antiquated and needed to be updated
based on current goals of the community. Staff tweaked some of the ordinance and reviewed the
methodology of how they came up with the park dedication.Park dedication is allowed by State statute
within several parameters.One of the key parameters is that there should be a nexus between what the
City requires as a park dedication and what impact a proposed development has on the park system. Staff
analyzed the number of households and acreage of the park system,then approached it with the idea that
new development should pay for itself,meaning there is an adequate amount of park system for the
community. If one adds more households to the community they should also add more park to the
community to keep things linear.He noted parks and trails would be part of the park dedication
calculation.He showed a draft on screen noting that each new household should provide 0.1 acres of park
(land or cash)at the discretion of the City Council. Staff has drafted an ordinance that takes the current
amount of households,parks,trails,and anticipated growth based on the 2040 Comprehensive Plan from
2018 and applied it to the subdivision code. He noted they also propose a cap as a parcel with a lot of
density(10-20 units/acre)the cash donation requirement could be more than the cost or value of the
property. Staff proposes a cap based on density.
Erickson asked if Barnhart received his email with comments and proposed adjustments.
Barnhart did incorporate Erickson's comments into the draft that is currently on screen.
Vice Chair Ressler opened the public hearing at 7:24 p.m.
Sonja Lockman, 115 Luce Line Ridge,has a real concern that the money can be used for park
improvement,that the value can be determined simply between the City and the developer when they
have already seen the potential for these bogus public-private partnerships that do not benefit the City or
the residents. She is very concerned that the money can be used to take over a park, such as Lowry
Woods,to buy into an easement to give property to another private entity—which is a mountain biking
group—that would destroy the woods and that is expressly not in line with the nature conservancy of that
woods. She stated"we have been told that the Lowry Woods access is the number one goal for the Park
Commission even though we were told prior that they would not try to get any access for bikes into
Lowry Woods.We have been told that our neighbors have been approached in the past about selling an
easement for people to have access."Ms.Lockman has a very big concern that this is an end-run around
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things that do not benefit. She thinks this is a lack of available notice to the public to weigh in on this and
that is not okay. She stated a public hearing requires that they give notice and there was no notice.
Vice Chair Ressler closed the public hearing at 7:28 p.m.
Vice Chair Ressler asked Mr. Barnhart to clarify how the public is notified of a text amendment such as
this one.
Barnhart replied a text amendment is posted on the website and also in the paper.He would recommend
anyone interested to subscribe on the website,noting they can subscribe to any legal notices and have
agendas pushed to their email inbox.
Vice Chair Ressler's feedback is that the text amendment seems to make sense and the calculation laid
out is reasonable.
Erickson moved,McCutcheon seconded,to approve LA21-000074 Text Amendment,Park
Dedication as amended.VOTE: Ayes: 4,Nays 0.
ADJOURNMENT
McCutcheon moved,Peterson seconded,to adjourn the Planning Commission Meeting.VOTE:
Ayes 4,Nays 0.
The Orono Planning Commission meeting adjourned at 7:39 p.m.
ATTEST:
Off/
Jon Ressler,Vice Chair
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