HomeMy WebLinkAbout04-24-2023 Council Work Session PacketCouncil Work Session
Monday, April 24, 2023
5:00 P.M.
Orono Council Chambers,
2780 Kelley Parkway, Orono, MN 55356
WORK SESSION
AGENDA
1. Planning & Park Commission Interviews
Applicant Commission Interview Time
Michael Huddy Park 5:00 – 5:15
Ted Schultze Planning 5:15 – 5:30
2.Retaining wall Discussion
CITY OF ORONO MEMORANDUM
DATE: April 24, 2023
TO: Orono City Council
FROM: Adam T. Edwards, P.E., City Administrator/ Engineer
RE: Park and Planning Commission Interviews
1. Purpose. The purpose for this works session item is provide the City Council the opportunity
to interview prospective Park and Planning Commissioners.
2. Background. Both the Parks and Planning Commission are made up of seven regular
members who serve three-year terms. In addition, each Commission has from time to time had
Alternate Commissioners. Alternate commissioners are called upon to ensure a quorum when
regular commissioners are unavailable for commission meetings.
a. Park Commission. The Parks Commission has a vacant seat as of March 1, 2023. The
commission currently has two alternates that are not willing to commit to a regular status
position. Michael Huddy has applied for the vacant seat on the Parks Commission. Mr. Huddy
has previously served on the Parks Commission.
b. Planning Commission. The Planning Commission currently has all 7 regular seats full
however could use and alternate commissioner to ensure quorums when regular commissioners
are not available
3. Applicants. The new applicants are listed below. Their applications are attached.
Applicant Position Interview Time
Michael Huddy Park Commissioner 5:00-5:15
Ted Schultz Planning Commission- Alternate 5:15-5:30
4. Appointments. Based on council feedback after the interviews staff will prepare appointment
resolutions for the council’s consideration at the next council meeting.
Attachments:
A. Commission Applications
B. Park Commission Interview Form
C. Planning Commission Interview Form
PARK COMMISSION APPLICANT INTERVIEW
Applicant Name: _________________________________
Potential Questions:
1. What is your understanding of the role of a park commissioner?
2. What interests you most about this position?
3. What do you think will be your biggest challenge in this position? What is your biggest concern?
4. How do you feel about regulating your neighbors?
5. Describe your experience with park maintenance, park planning and/or open space management.
Evaluation:
Criteria Excellent Good Fair Poor
Interest in serving on the Park Commission
Knowledge, skills, abilities, and experience
Support of current Programs/Policies and Philosophy of
City
Perspective on Council/Park Commission
responsibilities and relationship
Perspective on ways to develop or maintain good Park
Commission/applicant/staff relations
Perspective on key issues facing the Park Commission
PLANNING COMMISSION APPLICANT INTERVIEW
Applicant Name:
Potential Questions:
1. What is your understanding of the role of a planning commissioner?
2. What interests you most about this position?
3. What do you think will be your biggest challenge in this position? What is your biggest concern?
4. How do you feel about regulating your neighbors?
5. Describe your understanding of the City's Comprehensive Plan and zoning regulations.
6. Describe your experience with the zoning review process — variance, CUP, site plan review, or writing
code amendments.
Evaluation:
Criteria Excellent Good Fair Poor
Interest in serving on the Planning Commission
Knowledge, skills, abilities, and experience
Familiarity with the following items:
a. The City's Community Management Plan
b. The City's rural development philosophy
c. Protection of Lake Minnetonka
Support of current Programs/Policies and Philosophy of
City
Perspective on Council/Planning Commission
responsibilities and relationship
Perspective on ways to develop or maintain good Planning
Commission/applicant/staff relations
Perspective on key issues facing the Planning Commission
Prepared By: LLO Reviewed By: A. Carlson Approved By:
CITY OF ORONO MEMORANDUM
DATE: April 24, 2023
TO: City Council Members
FROM: Community Development Director and City Engineer
RE: Retaining Wall Discussion
1.Purpose Review the current retaining wall regulations and discuss possible text amendments.
2.Background. The City Council processes many retaining wall variances within the lakeshore
setback every year. The Council directed staff to bring additional informational regarding
retaining walls to explore if any amendments are necessary to the City Code.
Currently the City Code prohibits retaining walls within the lake shore setback. For Lake
Minnetonka that is within the 0-75’ setback. Walls can be replaced in-kind but no new walls or
expansions are permitted by the City Code. The presents extreme limitations when
reconstructing failing walls or addressing erosion control problems on a slope. Best practices for
wall construction and materials have changed over time which does not always fall within the in-
kind limitations allowed by the City Code. Often, this requires property owners to go through a
variance process to address the replacement of dilapidated or failing walls.
Staff will present background information regarding how retaining walls are construction and
policies from the Orono Comprehensive Plan, DNR and other lake area communities.
COUNCIL ACTION REQUESTED:
Discussion and provide guidance to amend the City Code pertaining to retaining walls within the
lakeshore setback.
Retaining Walls within the
Lakeshore Setback
City Council Worksession
April 24, 2023
Orono City Code
•Shoreland Overlay District
•78-1279 (5): Fences, docks, retaining walls.No fence shall be placed within the Shore Setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 78-1282. Retaining walls shall not be placed within the Shore Setback zone.
•Definitions:
•78-1 In-kind, when used in the context of replacement of a non-conforming building or structure, means the replacement of a building or structure completely within the limits (location, height, width, and depth) of the previous building or structure.
Implementation
•New walls and/or expansions are not permitted.
•In-Kind replacements are permitted with a zoning or building permit.
•Variance must be obtained in order to construct new walls and/or expansions
Issues
•The City Code prohibits retaining walls within the lakeshore setback.
•The ability to reconstruct existing infrastructure is extremely limited.
•Best practices for protecting slopes and prevention of erosion control
may call for different methods or types of walls.
Comprehensive Plan:
Chapter 3: Environmental Protect Plan
Natural Resource Management Policies:
•Protect lake resources to allow reasonable access, use and enjoyment while
preventing overcrowding and excessive encroachment.
•Lake shorelines will be protected from alteration.
•Retention of natural vegetation will limit the impact of urbanization as visible
from the lake.
Retaining Wall Construction and Impacts
•Properly constructed retaining walls require disturbance of the slope
being protected
•There is more to a retaining wall than what you see from the front or
top of a finished wall.
Timber Retaining Walls
33 Feet
31 Feet
47 Feet
Block Retaining Walls
Boulder Retaining Walls
DNR Shoreland Regulations
•The DNR’s Current Model Shoreland Ordinance (04/28/22) lists retaining
walls as permitted within the shore impact zone provided that the walls
are:
•Used only to correct a documented erosion problem (not aesthetic);
•Wall height and length are the minimum necessary to correct the erosion
problem (and not higher than 4 feet or longer than 10 feet unless the “zoning
administrator” determines the larger wall to be necessary); and
•The walls are screened by vegetation to be not visible from the lake.
DNR-Higher Standard Alternatives:
•Tiered permitting for new walls:
•Administrative Permit* walls are at least 50-feet from the OHWL; and less than 3 feet high, less than 25 feet in length; and on a slope less than 12%.
•Conditional Use Permit* walls <50 feet from the OHWL; or over 3 feet high & over 25 feet in length; or on slopes greater than 12%
•Administrative approval for expansion of non-conforming structures (i.e. walls) not meeting OHWL setbacks, if:
•The wall is more than 50 feet from the OHWL; and
•Overall site hardcover is met/conforming; and
•Property owner agrees to restoration/establishment of a riparian buffer for 80% of shoreline width with a minimum depth of 10 feet to include trees, shrubs, and natural ground cover.
•Additional information:
•Individual boulders >30” diameter are considered a retaining wall.
•Vegetative screening is required for all walls.
*Engineered plans may be required.
Retaining Wall-Lake Community Input
City Are Retaining Walls allowed within
Lakeshore?
Descriptions
Minnetrista Yes, with conditions Allowed within shore setback (75') if 4’ in height or less; Not allowed in
steep slope or bluff; Nothing allowed within 10' of OHWL
Deephaven/
Woodhaven
Yes Allowed in shore setback. Not allowed in Bluff Impact Zone.
Greenwood Yes, with conditions Not allowed within the 50' Setback from OHWL, a CUP required for
walls within the 50' Shore setback. Retaining walls not allowed in Bluff
Impact Zone.
Tonka Bay Yes Allowed
Minnetonka
Beach
No Not allowed within 75’ setbacks.
Shorewood Yes, with conditions Retaining Walls are allowed only for erosion issues not for accessory
improvements (Patios/beaches).
Mound Yes Retaining Walls are allowed in shore setback (50’) but are not allowed
in bluff.
Recommendation
•Staff has identified issues with the implementation of the current City Code
and its limitations pertaining to the reconstruction of the existing walls.
•Additional research is needed to develop best practices to protect the
lakeshore from erosion and to align the City Code with DNR standards.
Next Steps
•Staff will research and develop draft language as a proposed text
amendment.