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CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
December 19, 2019
Chair Kaluza called the meeting to order at 6:00 p.m. in the Council Chambers at City
Hall. The pledge of allegiance to the flag was given.
Members Present: Chair Pat Kaluza, Vice Chair Scott Einck, Karl Drotning, Jenna
Majorowicz, Jeff Witte, Jason Swenson, Brooks Lillehei, Ex-officio Mike Lamm
Members Absent: None
Others Present: Daryl Morey, Planning Director; Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
The December 5, 2019 Planning Commission meeting minutes were approved as
presented.
4. Announcements
Mr. Morey indicated that the January 9th Planning Commission meeting will be a work
session only. He would like Planning Commission members to let Ms. Brevig know if
they would be available to start the meeting at 5:00 or 5:30.
5. Augusta Dog Kennel (withdrawn per applicant)
Chair Kaluza stated that Kathryn Newman Bornhofen, the applicant for the Augusta
Dog Training and Doggy Daycare at 21460 Heywood Avenue, has withdrawn her
application. Chair Kaluza asked for a motion to receive Kathryn Newman’s letter of
withdrawal.
Motion was made by Swenson, seconded by Majorowicz to receive the letter of
withdrawal from Kathryn Newman for the Augusta Dog Kennel CUP.
Ayes: Swenson, Majorowicz, Lillehei, Kaluza, Einck, Witte, Drotning
Nays: 0
6. City of Lakeville
Chair Kaluza opened the public hearing to consider amendments to the chapters of
Title 11 (Zoning) of the Lakeville City Code regarding storm shelter requirements.
Planning Director Daryl Morey presented the planning report.
Mr. Morey stated that staff has received correspondence from the Minnesota
Department of Labor and Industry (DLI) and Housing First Minnesota citing Minnesota
Statute 326B.121 Subd. 2(c) that states “a municipality must not require building code
Planning Commission Meeting Minutes, December 19, 2019 Page 2
provisions regulating components or systems of any structure that are different from
any provision of the State Building Code”. The Minnesota Building code does not
require storm shelters for slab on grade residential dwellings, but it does require a
storm shelter for manufactured home parks. The city Attorney concurs with DLI’s
determination.
Mr. Morey commented that at their November 25, 2019 work session, the City Council
directed staff to suspend enforcement of the storm shelter requirement and set a
public hearing to amend the Zoning Ordinance to repeal the storm shelter
requirement.
Mr. Morey hopes that builders and developers will be transparent and show staff that
they are charging less for slab on grade homes without storm shelters and also that
they are offering storm shelters as an option to potential buyers of their slab on grade
dwellings.
Mr. Morey is also hoping that there will soon be a change to state statute that will
exempt storm shelters from Statute 326B for the health and safety of our residents, as
allowed by State Statute 462.351.
Mr. Morey stated that based upon the direction received from the City Council, and
because the City’s hands are tied on this issue, staff recommends approval of an
amendment to the Zoning Ordinance repealing the storm shelter requirement, as
presented.
Chair Kaluza opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Swenson, seconded by Lillehei to close the public hearing
at 6:07 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Chair Kaluza asked for comments from the Planning Commission. Discussion points
included:
• Commissioner Swenson stated that he too hopes the builders prove that
housing costs will go down since that is what they are pushing with the repeal
of the storm shelter requirement. He is trusting that the home builders are
looking out for residents; if not, he will be a lot more suspicious of their
intentions in the future.
• Commissioner Witte thanked Mr. Morey for the history of this ordinance
requirement. The Builder’s Association is making this issue about affordability,
not the health and safety of residents.
• Commissioner Drotning indicated that the City tried to protect this ordinance,
but the City Council made the right decision in their direction to staff. The City
Planning Commission Meeting Minutes, December 19, 2019 Page 3
alone cannot challenge Housing First on this issue; the League of Minnesota
Cities should represent local governments as a whole.
• Chair Kaluza is disappointed with having to repeal the ordinance. He hopes
the City Council believes this should be one of the City’s legislative priorities in
2020.
• Commissioner Swenson believes that the builders have a right to make a profit,
but he was not happy with how they presented their side of the argument.
• Commissioner Einck agreed with the other Commissioners.
• Commissioner Drotning felt there was no right or wrong on the vote tonight, but
he believes that they need to support the City Council’s decision. He indicated
that this battle needs to be fought on a different day and be resolved in a
different manner.
Motion was made by Drotning, seconded by Einck to recommend to City Council
approval of an amendment to the chapters of Title 11 (Zoning) of the Lakeville City
Code regarding storm shelter requirements, as presented.
Ayes: Majorowicz, Lillehei, Einck, Witte, Drotning, Swenson
Nays: Kaluza
There being no further business, the meeting was adjourned at 6:20 pm.
Respectfully submitted,
Penny Brevig, Recording Secretary