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2001-04-24 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES APRIL 24, 2001 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, April 24, 2001, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:30 p.m. The following Commissioners were present: Commissioners Lorberbaum, Betlej, Friel, Hesse, Dolan, Bruce McManus and Marina McManus. Also present were Public Works Director James Danielson, Planner Steven Grittman, Administrative Assistant Patrick Hollister and Bonita Sullivan, Recording Secretary. Chair Lorberbaum stated the utility company has asked that their issue not be addressed tonight. She stated the discussion would be held next month, May 22, 2001. APPROVAL OF MINUTES Chair Lorberbaum called for a motion to approve the minutes of March 27, 2001 meeting as presented. Commissioner Bruce McManus moved to approve the minutes of March 27, 2001 as presented. Commissioner Betlej seconded the motion. AYES: 6 NAYS: 0 ABSTAIN: 1 (Commissioner Friel) CASE NO. #01 -05: JAMES PIRKL SUBDIVISION APPROVAL 1825 WARRIOR DRIVE Chair Lorberbaum explained this was a public hearing stating the applicant, Mr. James Pirkl, is requesting a subdivision of his property located at 1825 Warrior Drive. She noted the purpose of the subdivision is to allow the applicant to sell a portion of his existing lot to his neighbor located at 610 Callahan Place. Planner Grittman reviewed the proposal with the Commission and noted the applicant has requested to subdivide the existing lot and recombine the property with his neighbor. He reviewed the existing parcel with the Commission stating the ordinance requires a plat for 4/24/01 subdivisions. Planner Grittman explained that when a property is subdivided with the intent to be recombined with an adjacent parcel they are allowed to waive the ordinance requirement. He stated the lot width and area standards for both parcels have been met. He stated there would be no redesign of either parcel. Planner Grittman stated staff recommends approval with one condition, that the split and recombine of the property occurs concurrently to avoid misconstruing them as separate billable property. Commissioner Bruce McManus asked for clarification on the property being discussed noting the information packet stated the address as 620 Callahan noting the property outlined is actually 610 Callahan. Planner Grittman confirmed the property under discussion should read 610 Callahan. Commissioner Dolan asked to clarify the measurement of the Warrior Drive property. Planner Grittman stated Warrior Drive is a dead-end cul-de-sac. He stated the technical frontage is along Warrior Drive, which is where it would be measured. He clarified both properties are being measured differently as one is going east-west and the other is going north-south. Commissioner Marina McManus asked for clarification on the easements. Planner Grittman stated he was not aware of any easements at this time. Chair Lorberbaum invited the applicant to come forward and address the Commission. Mr. Jim Pirkl, 1825 Warrior thanked the Commission stating he was present and willing to address any questions the Commission may have for him. There being no questions or comments Commissioner Bruce McManus moved that the hearing be closed. Seconded by Commissioner Hesse. AYES: 7 NAYS: 0 Commission Friel moved to recommend approval of Case No. #01-05 a subdivision of the property located at 1825 Warrior Drive for James Pinkl with conditions noted by staff. Seconded by Commissioner Betlej. AYES: 7 NAYS: 0 2 4/24/01 CASE NO. #01-06: ROGER GROTHE TWO FOOT FENCE HEIGHT VARIANCE. 870 MENDAKOTA COURT Chair Lorberbaum explained this was a public hearing stating the applicant, Mr. Roger Grothe, is requesting two foot fence height variance at 870 Mendakota Court. Planner Grittman reviewed the proposal with the Commission and noted the applicant is requesting a two-foot high fence variance. He stated the property has a significant amount of street frontage. He explained that there is an existing 3-foot high fence presently located where the new fence would be built. Planner Grittman noted the applicant now needs to meet the 5-foot ordinance requirement for swimming pools. He stated the request does not rise to the level of a hardship stating the play area could be relocated so that the 5-foot requirement could be met without the proposed variance. Planner Grittman indicated staff recommends denial of the request for the two foot fence height variance to allow the construction of a five foot high fence within the required front yard setback. He stated staff believes their findings are consistent with the spirit and intent of the City Ordinance regarding variance review and there is no hardship. Commissioner Bruce McManus asked for clarification regarding the height requirement and to also clarify whether this refers to the front yard of the property and where the front yard is located. Planner Grittman explained the City has a swimming pool ordinance that includes a 5- foot high requirement. He stated this conflicts with the setback requirements noting that in this case the front yard setback applies to the 30-foot requirement around the property. He stated some accommodations were made for lots that more than one frontage noting this was due to privacy issues. He stated Mendakota Court is not a major street and does not fall under the privacy hardship. Commissioner Hesse asked if the pool had been built yet. Planner Grittman stated the pool is in the process of construction but is not completed. Chair Lorberbaum invited the applicant to come forward and address the Commission. She asked for clarification on the hardship in this case. Roger and Pam Grothe, 870 Mendakota Court, thanked the Commission for their assistance in clarifying the hardship requirements. Mr. Grothe stated the hardship was due to the size of their front yard. He stated the fence is not an issue with the neighbors noting all the neighbors signed a petition in favor of granting the variance. Mr. Grothe stated part of the hardship includes removal of the dirt and play area. He stated they would like to be able to follow the original fence line. 3 4/24/01 Commissioner Marina McManus asked clarification of the petition noting two signatures were missing from the petition signed by the neighbors. She referenced the discussion to eliminate the need for a variance. She noted the play area and landscaping issues and asked it any other options have been considered. Commissioner Dolan asked for clarification of the petition and the two missing signatures and asked where they live in proximity to their property. Ms. Grothe stated the two neighbors in question were on vacation at the time the petition was circulated. She stated they were able to talk with the owners of the property located at 882 Mendakota Court noting they are the neighbors adjacent to their property line. She stated the neighbors did not have any problems with the fence. She stated they were not able to discuss the issue with second neighbor. Mr. Grothe indicated she had concerns for the current landscaping in the backyard. She stated there was a berm that would need to be removed in order to build the fence according to the Ordinance. Mr. Grothe explained they are considering other options in the event the variance is not approved. He stated this lot is treated differently than others due to the size of the front yard. He explained the back yard was very small. Mr. Grothe stated they have lived at the property for approximately four years and noted the rock garden they have would be outside the fence. He explained this would limit their own enjoyment of the garden. He stated he understands the ordinance but is hoping for some leeway due to the small size of the backyard. Chair Lorberbaum stated that at the time of her visit to the property she asked the applicants to clarify the hardship. She stated they have done a beautiful job with their landscaping noting that the stated hardship, as it is now, is in part, the applicant's making. She stated she was having difficulty approving the variance request as submitted. Commissioner Bruce McManus stated he visited the property. He asked Planner Grittman to clarify the design. He suggested moving the play equipment inside the fence noting the rock garden would not be affected. He stated he is having difficulty determining the difference in the applicant's statements between hardship and inconvenience. There being no questions or comments Commissioner Hesse moved to close the public hearing. Commission Betlej seconded the motion. AYES: 7 NAYS: 0 Chair Lorberbaum asked for comments from the Commission. 4 4/24/01 Commissioner B. McManus stated it is very difficult to discuss this particular request. He stated the applicants have done a great job on their yard noting that the fence would block some of the view for other neighbors. Commissioner Hesse stated he did not see where the fence, with respect to proximity to road, justified a safety issue. Commissioner Friel moved to recommend denial of Case #10-06 the two-foot high fence variance for the property located at 870 Mendakota Court for Roger Grothe based on the analysis of staff. Seconded by Commissioner Dolan. AYES: 6 NAYS: 1 (Commissioner Hesse) Chair Lorberbaum stated this item would be before the City Council for consideration and encouraged the applicants to be present at the May 2, 2001 Council Meeting CASE NO. #01-07: AMERICAN LUNG ASSOCIATION OF MINNESOTA PILOT KNOB ROAD AND TRUNK HIGHWAY 55 COMPREHENSIVE PLAN AMENDMENT Commissioner Hesse excused himself from this discussion. Chair Lorberbaum explained this was a public hearing stating the applicant, the American Lung Association of Minnesota was requesting a Comprehensive Plan Amendment to rezone a property located at Pilot Knob Road and Truck Highway 55. Planner Grittman reviewed the Planning Case with the Commission and noted the applicants have requested an amendment to the Comprehensive Plan. He reviewed the site location proposed by the American Lung Association. He stated this site is currently zoned B 1 A business. Planner Grittman explained this zoning classification allows for office buildings noting in the future, the area is designated under the unapproved Comprehensive Plan as high density residential. Planner Grittman suggested re-designating the area from a high density residential to limited business. He stated this property is known as the Garron property and is one of the focus area of the 6-7 areas identified for development within the City. Planner Grittman stated the City Council adopted a Comprehensive Plan update with the designation of high density residential. Planner Grittman reviewed the results of the analysis report with the Commission. He stated the results of the analysis did not find any compelling items of typical land use analysis that says it 5 4/24/01 should be business versus residential use. He stated it was his belief that it is appropriate to defer to the City process. Planner Grittman stated that past discussions centered on the unique attributes of the site and the City's' desire to utilize this area as the gateway to the community. He stated the proposal made by the American Lung Association, although attractive, does not rise to what was originally planned. He reviewed the unique proposals included in the request noting that the parking area would be a two-tiered arrangement. Planner Grittman stated the proposal included a trail through the property that would be accessible to residents and the public. He reviewed a sketch of the property with the Commission explaining there would be a large amount of glass exposure and green space from the southeast. Planner Grittman stated the applicants have indicated they intend to design the site so that most of the parking area will not be visible to the public. He summarized his comments by stating this case needs a high threshold to make a change. He stated the concern was if this proposal would meet the original goals for a gateway structure. Planner Grittman indicated the site would be a major land site for the City of Mendota Heights. He explained the proposal does not meet the criteria of the City and therefore recommended denial. Commissioner Friel asked for clarification on the status of the Comprehensive Plan that has been submitted questioning whether or not it has yet been approved. He stated he does not see any compelling reasons not to have this sites Comprehensive Plan designation made consistent with Zoning. Commissioner Friel asked for clarification of the location with respect to the Noise Zone 3 as it relates to aircraft. Planner Grittman stated this site would require special variances from the Metropolitan Council before residential facilities can be constructed. Planner Grittman explained that based on the 1996 Aviation policy the site is just inside the Noise Zone 3. He explained they are under maximum noise contours it is outside what is typically used. He stated when it was designated for high density residential that this would be put in place and proceed with the land use for residential. Commissioner Friel asked if the Noise Zone 3 would raise safety issues. He asked for clarification on the safety issues with respect to the height of the land. He stated the Metropolitan Council has authority over the Comprehensive Plan and through legislation passed in 1995 where it maintains control over zoning issues. He referenced legislation that has passed that maintains the control over zoning issues. Planner Grittman stated that he was not aware of any known safety issues. He stated they have met all of the Metropolitan Council's requests for information and they expect to receive their answer sometime this week. He stated the Metropolitan Council would have an additional 60 days to act on the request. 6 4/24/01 Commissioner B. McManus asked Planner Grittman to clarify where the lot is located in comparison to the glide paths of airport runways. Planner Grittman reviewed the 1996 Noise Contours and the location of the site with the Commission. He stated the location is at the intersection of Highway 55 and Highway 13 noting the airport runways are along the north side of the property. Commissioner Friel noted that based upon projections from the Metropolitan Airport Commission, Northwest Airlines has requested quieter aircraft. Commissioner Betlej asked how they determined contour lines for the 1996 Noise Contours. Planner Grittman stated the 1996 Noise Contours are measured with sound equipment. He explained the projection is based on a computer model of what the noise level would look like. Commissioner Betlej asked if, based on the way the noise contour model is built, it assume that all surrounding land is flat. He referenced the homes across from Highway 55, noting the distance from the airport and the difference in contours making some places sheltered from airport noise. Commissioner Betlej stated he recalled a previous process noting one of the concerns was that if the parcel was developed as multi-family the impact would be greater referencing the greater hard surface requirements, the landscaping, dirt removal, and ponding. He expressed his concerns regarding the landowner removing dirt and materials noting he is trying to read into the spirit of the decision to designate the land as multi-family in the Comprehensive Plan and why this was a compelling or unique design. Planner Grittman acknowledged that presently at take off the airport noise will be obnoxious in this area noting that based on the contour map the noise would lessen over time. He stated it is the Council's hope that the noise issues would be resolved and confirmed. Commissioner B. McManus stated his understanding is that there is a chance this site could be too noisy for anyone to purchase housing and asked if his understanding would be accurate. He asked for clarification on the Comprehensive Plan noting they do not have a copy of the plan yet since it is not been approved. Commissioner Friel stated it was the Council that decided the zoning for this type of use. He stated that historically he is not sure which came first but noted it was his thought the zoning occurred later than the Comprehensive Plan. He asked for further clarification from staff. Public Works Director Danielson stated the zoning for this area has been B1 for a long period of time. Commissioner M. McManus stated her concerns regarding the noise levels. She asked for further clarification on residential versus business development. She asked staff to clarify the balance between the Comprehensive Plan and how it was based on the current noise zoning, which is Zone 3. 7 4/24/01 Chair Lorberbaum stated Planner Grittman clarified accurately that a quality building could be built to reduce the noise pollution. She stated that this is a highly visible, unique site and the tax base it offers would be beneficial for the City. Commissioner Friel stated he lives in Noise Zone 4. When aircraft take off over his home, noise is momentary; if the take off occurs in the opposite direction, the noise is a continuous and annoying roar. Theresa Sterns, the project manager with Sterns Associates, stated the American Lung Association is the oldest non-profit organization in the State of Minnesota. She noted they are a national leader and premier associate in the areas of innovative research and development. Ms. Sterns reviewed the histories of the American Lung Association noting they helped to push through key administration associated with the Clean Air Act. She reviewed their community involvement with the Commission stating they want to build on this site, in an area where they will make the community proud. Ms. Sterns explained this building will be built in accordance with the Clean Air Act noting this project will tackle the issues of commercial building based on internal health of the building. She stated two thirds of the property would be leased noting there will be a national and international model that will be replicated across the country. Ms. Sterns stated progress would be documented and posted to a website, as well. Ms. Sterns explained the Planner would address the traffic issues. She stated this is a significant building for the gateway site noting its beauty will bring significant changes to how office buildings will be constructed in the future. Ms. Sterns indicated it appears there are a few dumpsites located on the property that will have to be dealt with. She stated based on results from the Environmental Study they found the dumping at this site is more than what was previously indicated. Ms. Sterns explained the remediation of the site would be very expensive. She stated that even with this new information, referencing the significant financial changes, it does not leave them wanting to turn their backs on the property. She stated they see it as an advantage to take a contaminated site and turn it into a healthy commercial property. Chair Lorberbaum asked for clarification as to the compelling reasons to overturn the existing Comprehensive Plan. Ms. Sterns responded stating the noise issue is a compelling issue. She stated her organization was planning the construction of the building to include all the noise mitigation requirements based on the current Zone 3 ordinance. Ms. Sterns indicated they are very willing and excited to build on this site even with the existing noise issues. Ms. Sterns stated they asked for an appraisal of the property to get an idea of the market value for resale noting they received a very positive response. She stated there is a significant interest in the market to use the property for commercial purposes. 8 4/24/01 Commissioner B. McManus noted the earlier comment that two thirds of the property would be leased. He asked if leasing 2/3 or the property would create a conflict for the nonprofit organization. He questioned if any tenants had been identified. Ms Sterns acknowledged the concerns and stated the lawyers are addressing this issue for further clarification. She stated the rent would be taxable but they would not need to create a "for profit" subsidiary explaining they would only need to pay taxes on that portion. Ms. Sterns noted they do not have tenants identified as of yet. Colleen Naughton, Associate Staff Director, American Lung Association stated profits from leasing would cover the operating costs and expenses of the building noting they do not expect to make a large profit from leasing. Commissioner Betlej asked for clarification on issues from the Comprehensive Plan that deal with feasibility. He questioned the funding for the construction of the building. Ms. Sterns reviewed the Funding Plan from the project with the Commission. She stated just under half of the funding would come from federal initiatives. She stated a portion would come from sponsorships and a small portion would come from contributions and gifts. Ms. Sterns stated there is a variety of different program dollars, noting the Department of Energy, the private sector, and the public would be tapped for this project. She stated they are working with a Financial Consultant to explore all options for financing. Ms. Sterns stated the fund raising would occur over the next three to five years. She stated construction of the building is presently scheduled to begin in September of 2001. Commissioner Dolan referenced the dumpsites and asked whether contamination had been found in the ground water. Ms. Sterns noted this has not been sampled to date. Commissioner Marina McManus asked for the thought process on the project with respect to any barriers they foresee. She asked if Mendota Heights was their city of choice and how long they expect the American Lung Associates to remain in Mendota Heights. She stated her concerns are around the fact that this is the gateway to Mendota Heights and noted she would like to understand what their vision is for the future. Ms Sterns stated the only potential barrier would be due to discrepancies with zoning. She restated their belief in the site noting its beauty and the contributions they can make to the community. Ms. Sterns confirmed that Mendota Heights was definitely their City of choice noting they did consider St. Paul, explaining it was the river that drew them to this site. She clarified that most developers design buildings with the expected life span of 30 to 40 years and this building was designed to last 100 years. 9 4/24/01 Chuck Knight, Architect with Perkins & Will, explained the passion of the project stating Mendota Heights was very privileged to have this building within its community. He stated part of the attraction to the project was the location of the site, the fact that is does need contamination cleanup and the natural beauty of the area. Mr. Knight noted key elements of the Comprehensive Plan are the amenities around the site. Mr. Knight stated the terracing of the parking area is an important piece of the project noting visibility to the residents will be minimal. He stated the grounds will be an open design, along with a community building attached to the commercial property. He reviewed the design of the building with the Commission, showing the various views and describing the materials they plan to use within the structure and the landscaping. Mr. Knight stated the healthy design of this building is being trademarked. He stated the view is presently being studied noting that signage and lighting are two items that have not been specifically addressed yet. Chair Lorberbaum asked if the building and facilities will be open for use by the public and if there would be any charges for this use. Ms Sterns stated this has not been discussed or decided to date. Commissioner Bruce McManus asked for clarification of the scale of the building in comparison to the scale of the site. He asked how prominent will the view be from the Mendota Bridge. Mr. Knight stated this would be difficult to address referencing various buildings across the country. He stated this building would change how office buildings are built today and this will become a national message. Jim Albrecht, Mendota Heights Dakota Tribe Member, acknowledged the beauty of the site and landscaping. He indicated the history and nature of the bluff to the Dakota tribe. He stated the area has been compromised, but asked that the City consider the value of the story and history of the Dakota people by creating a memorial at this property. He stated they would like to work with the American Lung Association as this was important for the Dakota people and historically significant for all Minnesota people. Mr. Albrecht suggested a museum, viewing platform, and treaty signing memorial be placed at this site as a gateway to the City. He stated it is the responsibility of the Commission and the people to preserve, protect and maintain the view from the bluff. He stated that the building should represent some of the historical meaning of the area. Mr. Albrecht expressed his hopes that the city, the Minnesota Historical Society and the State of Minnesota could pull together and clearly look at the significance of this site. He stated it is his hope, in deciding the future of this site, that they take into consideration this is a sacred area to the Dakota people. 10 4/24/01 Chair Lorberbaum asked, if the Mdewakanton nation would favor commercial or residential development. Mr. Albrecht stated they are not in favor of either commercial or residential buildings noting their preference is to leave the site as it is. He asked that if they build at all that the City work with their Dakota community to bring the historical significance together. Commissioner Bruce McManus questioned if the area had been used as either a burial or camp site in the past. He inquired if the Dakota people have spoken with archaeologists about the site. Mr. Albrecht stated that a treaty was signed between the Sibley Warehouse and the Bluffs. He explained that based on histories that during this period there were Native Americans that gathered in the area. He clarified this was not a village but only a collecting area for Native Americans at that time. Mr. Albrecht noted there were burial scaffolds in the area. He stated they have talked with the American Lung Association acknowledging they have had discussions and they presented infoimation with the understanding that it would be reviewed and responded to. He indicated that was why he was present at the meeting, to see the recommendations from the Association. Tom Moffat, American Lung Association, confirmed they have met with Jim Albrecht. He stated they discussed the two visions for the site and reviewed the materials and history of the area. He proposed the placement of historical markers along the trails on the site to tell the story of the Native Americans. Mr. Moffat stated this might include naming the trail after the Dakota people as a tribute noting discussion has taken place around these issues. He stated this region is very strong in the history of the Native Americans and believes it is a very important issue. Mr. Moffat clarified to Chair Lorberbaum discussions are now in progress to decide what to do with the inside of the community center, noting it could be used to educate the public further on the history of the site. Mr. Albrecht stated the Tribal community does not want ownership of a building at that site and they do not have the money to build a building or buy the property. He explained their intent was to bring to the table their ideas and concerns. Commissioner Friel responded to Commissioner Marina McManus' questions regarding compelling buildings on this site noting he has never seen a compelling multifamily dwelling. He stated the applicants are in an early stage of the process. He stated the Comprehensive Plan is the issue to deal with before the money is put into significant plans for the site. He stated the overview was very good and acknowledged the cooperation with the Native American people noting this identifies and utilizes the history of this area. He noted that the fact that the Planning Commission and City Council left the Zoning and Comprehensive Plan inconsistent demonstrates our ambivalence on how the site should be used. 11 4/24/01 Commissioner Dolan stated it might not be appropriate to look just at this site noting the change in the Comprehensive Plan. He stated he felt this site may not be appropriate for either residential or commercial use. Chair Lorberbaum clarified they were not looking for a compelling reason to build, they were looking for a compelling reasons for changing the Comprehensive Plan. Commissioner Bruce McManus stated the Comprehensive Plan takes precedence over Zoning and asked for clarification on the plan the City has approved. Planner Grittman stated the Metropolitan Council is still considering this with a possible approval in approximately four weeks. Commissioner Bruce McManus asked what was the magnitude of our departure from the Comprehensive Plans noting it is the Plan and past documents that guide us on our decision making. Chair Lorberbaum stated the Planning Commission was a recommending body. The City Council makes the final decision. Commissioner Friel confirmed and supported Chair Lorberbaums' statement reaffirming the Commission does not have that kind of leeway and was a recommending body. He cited the zoning issues and the Comprehensive Plan as examples. Commissioner Betlej stated this is a site that has a fair amount of debate. He stated the discussions and issues are what would work and be best for this site. He acknowledged the uniqueness of the site noting the impact of a four story building on this site would be huge. Commissioner Friel stated there was nothing compelling being discussed for the site. He stated that the views held by the Metropolitan Council might see this as a good way to deal with the Comprehensive Plan rather than the present plan in place. Chair Lorberbaum asked Planner Grittman and Public Works Director Danielson if any inquiries have been received by the City for high density residential at this site and if that would be a viable option. Public Works Director Danielson stated that they have received requests noting they did work briefly with a townhouse developer. He stated the developer worked great lengths in designing his site plan but that over time he decided he was no longer interested in developing this site. Commissioner M. McManus asked if this would be the last time they would see this proposal and if there was a way to hold the developer to the high threshold for this development. Chair Lorberbaum clarified they are not approving the construction of the building just the changes to the Comprehensive Plan. Administrative Assistant Hollister stated that in the interim the American Lung Association should assemble and present the full site documents. He stated acknowledgement has been 12 4/24/01 made, this is not a full set of site and elevations plans. He stated the Council would insist on seeing all of the plans due to this being an institutional site building. He stated the Planning Commission might review the plans in full detail noting they are well within the rights to direct the applicant to go through the Council and Commission once they have full plans available to present. Commissioner Marina McManus noted her reason for asking these questions is for futuristic visions of the site and if the applicant would stick to these plans. She questioned what the community vision would look like stating she would like to see more detail. Commissioner Friel expressed speculation that the Council if they approve a Comprehensive Plan change, that they would do it subject to the final site plans submitted for approval. Commissioner Bruce McManus noted it is important to have some idea as to the facility as it needs to be significantly impressive. Chair Lorberbaum stated the Comprehensive Plan Amendment was being discussed at this time. She stated her concerns around changing the Comprehensive Plan were with the American Lung Association altering their plans or withdrawing involvement after the rezoning was granted allowing some other building of lesser significance to be built there. Commissioner Bruce McManus stated the discussion tonight did not discuss the need to change the Comprehensive Plan as much as the appearance of the building. He stated they are basing their decision on someone's potential ideas at this time and not a final sketch of the site. Commissioner Friel stated there is a concept that has been presented that could cause a vote in favor of the approval noting this message will come through very loudly to the Council. He stated if the changes are for the better they might let it move forward and if not they will not recommend moving forward. Administrative Assistant Hollister stated the staff would convey to the Council that this change has been made based on the following items that the American Lung Association has agreed to comply with their agreements, the nature, and spirit of the project. There being no questions or comments Commissioner Dolan moved to close the hearing. Seconded by Commissioner Betlej. AYES: 6 NAYS: 0 Commissioner Friel moved to recommend approval of Case #01 -17, the amendment to the Comprehensive Plan for the American Lung Association of Minnesota to rezone the property at 13 4/24/01 Pilot Knob Road and Trunk Highway 55 based on the fact the applicant must comply with the agreements, nature, intent and spirit of the project. Seconded by Commissioner Marina McManus. AYES: 5 NAYS: 1 (Dolan) VERBAL REVIEW Chair Lorberbaum requested a verbal review of the matters that were submitted to the City Council for consideration. Public Works Director Danielson informed the Commission of the Council action taken on recent planning cases. ADJOURNMENT There being no further business of the Planning Commission, Commissioner Betlej moved to adjourn its meeting at 9:44 p.m. Seconded by Commissioner Friel. AYES: 7 NAYS: 0 ) Respectfully submitted, Bonita Sullivan Recording Secretary TimeSaver Off Site Secretarial, Inc. ) 14 4/24/01