DEEPHAVEN PLANNING COMMISSION

TUESDAY FEBRUARY 20, 2007

7:00 P.M.

Page 1

CALL TO ORDER: Chairman Dyb called the meeting to order at 7:00 p.m.

PRESENT: Chairman Dan Dyb, Commissioners Jeff McKinney Warren Nelson, Josh Sparber and Bob Werneiwski

ABSENT: Commissioners Joan Budd and Walter Linder

OTHERS PRESENT: Councilmember Steve Adams and Zoning Coordinator Gus Karpas

MINUTES OF January 16, 2007

Motion by Commissioner Nelson, second by Commissioner Dyb, to approve the minutes of January 16, 2007 as presented. Motion carried 4-0. Commissioner McKinney abstained.

PUBLIC HEARINGS

Ordinance Amendment – Recommendation to the City Council on Ordinance No. 13-43, an ordinance amendment to Section 1310.10(1)(d) of the Zoning Ordinance amending language pertaining to connections between an accessory structure and principle structure by stating the connection must be above grade.

Zoning Coordinator Karpas said he received a call from an architect asking if he could connect an accessory structure to a principle structure below grade. The architect pointed out that the ordinance did not prohibit such a connection. Karpas said permitting below grade connections went against the spirit and intent of the ordinance and believes the connection should be above grade and that the proposed ordinance amendment would clarify that.

Chairman Dyb opened the public hearing. Hearing no public comment, the hearing was closed.

ACTION: Motion by Commissioner Nelson to recommend that the City Council adopt Ordinance 13-43, amending Section 1310.10(1)(d) of the Zoning Ordinance, adding language more clearly defining a connection between an accessory structure and principle structure. The motion is to incorporate new language requiring the connection between an accessory structure and principle structure to be above grade. Commissioner McKinney seconded the motion. The motion carried 5-0.

NEW BUSINESS

Term expirations – Discuss upcoming term expirations for Commissioners Budd, Linder, Sparber and Werneiwski.

Zoning Coordinator Karpas informed the Commission that the terms of Commissioners Budd, Linder, Sparber and Werneiwski were set to expire in April. He said that each had additional terms available to them if they would like to continue serving on the Commission. If there were any Commissioners who did not want to serve another term, the Commission would need to discuss an interview process.

He said a motion must be made to the Council re-appointing all those current members wishing to continue their service.

Commissioners Sparber and Werneiwski indicated that they were interested in serving another term. It was noted that Commissioner Linder had indicated at a previous meeting that he would like to continue to serve.

ACTION: Motion by Commissioner Dyb to recommend that Commissioners Joan Budd, Walter Linder, Josh Sparber and Bob Werneiwski be re-appointed to the Commission for another three year term, expiring April 2010. Commissioner Nelson seconded the motion. Motion carried 5-0.

MINNEHAHA CREEK WATERSHED DISTRICT – MIKE WYATT

Mike Wyatt, Minnehaha Creek Watershed District presented the District’s Comprehensive Water Resources Plan. He said the MCWD regulates the area in which the drainage affects Minnehaha Creek. He explained what the MCWD does in terms of regulations and capital improvements. He noted that the MCWD is a taxing authority based on Ad Valero.

Commissioner Nelson asked how long the MCWD has been in existence. Mr. Wyatt said the MCWD was started about forty years ago, originally to address flooding issues. He said their main focus now is on water quality issues.

He said the MCWD is required to update their resources plan every 10 years. He said the plan breaks the district down into sub-watersheds, which makes it easier to address issues of water quality. He said the district uses a modeling calculation to measure the amount of phosphorus in the different sub-watersheds. He noted that many of the issues of water quality are due to the use of the land in the past, citing the past practice of dumping sewage into the lake and agricultural processes no longer in use.

He said the resource plan requires specific load reductions in phosphorus for each city. The City of Deephaven must reduce their phosphorus load by nineteen pounds annually for the next ten years. He said this could be done through point source controls such as street sweeping and capital projects.

He said the implementation of the MCWD’s plan is done through a capital improvements schedule which is run on a two year cycle, future studies such as mapping the contours of the lake to better understand how the currents flow bay to bay, rule revisions which lead to no net increase in phosphorus and re-classifications of wetlands in the district. He said local governments must update their regulations to match those of the MCWD within two years of the adoption of the resources plan.

Commission McKinney noted the city’s required load reduction and asked how that can be done since the city doesn’t know what it’s level is right now.

Chairman Dyb asked, other than sand and salt used during the winter, where do other sources of pollution come that run from the streets into the lake. Mr. Wyatt said there are a number of different sources such as sediment, lawn care products and decaying leaves.

Commissioner Sparber asked if steps taken by other jurisdictions to reduce their load might reduce the city’s load. He noted that Jennings Bay has a target reduction of three thousand pounds. Mr. Wyatt said it was possible.

Commissioner Nelson said it was his understanding that phosphorus was no longer allowed on residential properties. Mr. Wyatt said there are a number of loopholes in the regulations and that, though the amount has been reduced, phosphorus is still commonly used.

Councilmember Adams clarified that the city must reduce its load by nineteen pounds annually for ten years, making the total reduction over the time span of one hundred and ninety pounds. Mr. Wyatt said he was correct. Adams asked if the model rather than actual testing of the water measured the load. Mr. Wyatt said he was correct.

Commissioner McKinney asked about the accuracy of the date currently being used to determine each cities load reduction. Mr. Wyatt said solid data was available until a more consistent method of testing was adopted during the 1990’s. He said most bays have been tested three times a week for the last ten years.

Commissioner Dyb asked how the Commission could get a copy of the MCWD’s plan. Mr. Wyatt said it is on their website.

The Commissioner thanked Mr. Wyatt for his presentation.

LIAISON REPORT

Council Liaison Adams gave the Liaison Report. He said the Council approved the appointment of Dan Dyb as Chair and Warren Nelson as Vice-Chair of the Planning Commission for 2007. Further the Council accepted the recommendation of the Planning Commission and approved the variance request of Paul and Elizabeth Norton at 4145 Heathcote Road to encroach into the required front and south side yard setbacks for their proposed additions.

ADJOURNMENT

Motion by Commissioner Dyb to adjourn the meeting. Commissioner Werneiwski seconded. The motion carried 5-0. The meeting adjourned at 8:15 p.m.

Respectfully submitted,

Gus Karpas

Zoning Coordinator