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AF-SP - 41997,. . � � � " . � L �-� � S�B�ECT � c��y �� a��y � � AT THE TGP OF THE TNlINS ;�, APPLICATION TO BOARD OF APPEA' , � . � • COMMUNITY DEVELOPMENT DIV. � i � �-��-� • r � � PROTECTIVE INSPECTION SEC. . 1 ; � � � �""1 r CITY HALI FRIDLEY 55432 NUMBER REV. DAtE PAGE OF APpqOYEO BY �"""�''�� ,�� 612-560-3150 910-F23 1 3/21/75 ,1 -2 800 N�e Roberta M. Spohn �� Add�es�� S R�: a �—� � hon 566 07 , �` . �s., . Legal Lot No. Block No. act or Ad��µ,� �.� Description 25 & 26 T Riverview �e�race �� ,a'� «� . l),�� Variance Request(s); including stated hardships (attach plat or survey of property showing building, variances, etc., where applicable) �1.�� I«1. • p i ��O�ll �o�� . � O � � �3�, A.�� 2 w �' . -�-L:� �_ .��' � .:�� .� � � i� � s . , �� "� � L - � � � - �� ` �� ° ,��. � � � � Date i i�-7� Meeting Date Fee � Receipt No. Si nature �+.G a 10 - � � ��0=:6� '` ��3 / .� s� ,�., �-�y. . Comments & Recommendations by � / �� the Board of Appeals � � ^ � �� -. � p c� � � �� yd � � �� , � �� City Council Action and Date SUBJECf - -� �I��' Oli �' ]Cli��y F •'' AT TH£ TOP OF THF. TN11NS APPLICATIOfJ TO BOARD OF APPEALS r • ' '- (Staff Report) � • COMMUNITY DEVELOPMENT DIV. � �y-------� 1 � � PROTEC7IVE iNSPECTION SEC. • jt = � ��; � CITY HALL FRIDLE� 55d32 NUMBER REV. DATE PAGE OF APPROVED BY �----�' '� 612-560-3450 7 910-F23 1 3/21/.5 2 2 800 Staff Comments Board members notified of ineeting by �-' ��" List members, date notified, and "Yes" or "No" for plans to attend hearin . Plan Date To Attend Name � i� � � � -�tM� Pearson making appeal and the following property owners having property within 200 feet notified: By �O� , Name Date Phone or Mail Notified � ,�� ii� � � Item 2- October 10, 1978 ADMINISTRATIVE STAFF REPORT 695 Fairmont Street N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: % ,, 205.053 (1B). LOT ON A PLAT RECORDED BEFOR� DECEMBER 29, 1955�� T E MINIMUM , - - , - � Public purpose served by this requirement is to avoid the condition of � over crowding of a residential neighborhood and to avoid an excess burden on the existing water and sewer services and to avoid reduction ef:sur- rounding property values. 205.054 (26) REQUIRES A MINIMUM OF 768 SQUARE FEET OF GR4SS F S Public purpose served by this requirement is to provide adequate house size �.. and living area in residential buildings. THE PURPOSE FOR THE ST�4NDARDS AND GUIDELI�JES AS LAID OUT BY THE INTERIM F A. To protect and preserve a unique and valuable state and regional resource for the benefit of the health, safety and welfare of the citizens for the state, region and nation; B. To prevent and mitigate irreversible damage to this state, regional, and national resource; C. To preserve and enhance its natural, aesthetic, cultural, and historic value for the public use; . D. To protect and preserve the river as an essential element in the national, state, and regional transportation, sewer and water and recreational sy5tems; and E. To protect and preserve the biological and ecological functians of the corridor. In keeping with the above, the public purpose served by the critical areas designation, section G4,b2, states that there must be 100 feet setback from the normal high water mark of the river. B. STATED HARDSHIP: u "None stated" C. ADMINISTRATIVE STAFF REVIEW: This lo� will require a special use permit in order to be built on because it is in the flood plain. This variance recommendation will be heard at the same time as the special use permit on October 25, 1978. Similar requests to develop 60 foot wide lots in this area of town have been granted in the past. The house plans are not available at this writing. No perm�its to construct a dwelling in the flood pla�i,rr areas have been granted in the las� five years or more. . .�.-_ . . . c----•.-- ,.� . .. _ . _ _ _ __ : ., , , .. ' - . � . . . ' -��, : � ;� . • - - . _ �` - 300 dRUN WICK AVE. S. � �� 1ed/�t�� R6917 I�D HO AVE.� • . GOIDEN VAII.EY, MINN. j,,Ajojj)_rj[JRVEYORS . BROQKLYN PARK,MINN. ;:: ; MttJN. REG. NO. 4741 MINN. HE(i. MO. 87'43 . SBOIBTSSBD pNDEB LAW$ O! " STASS OY I�NNHbOSA LtCE93IID BY OiDI�A2iQB OT C1TY OY 2QI�9EAP07.IS " �. .- •- 5747 W. Broadway , �. 533r9922 INVOICE INO. 3•'6`� . - INOUSTAIAL— JUDICIAL Minneapolis, MinnesDta 55428 F,B. NO. �44 "�� ,. ,,� �'' COMiNEAC1AL — T�POGRAPHICAL � �r�� CITY LOTS — PLATTING ' � ��,�. /tg��a.��C _ SCALE 1" • O -F �� --- '. �JRVEY FUK: Rea1 Estate 1� p�enotes Iror� -��- . - ..� - . � � ThamaS 'i'�y1ur " . _ - . : .� r: `, Z� �FL�t*5. a ,_.. , • . . . - - -_ . .. � � � . t � , , t I /h�'�-� . .�:s � . - . .. . . . _ - - ' ' ? ` �,s _ r�ti . _ � -1c.$ - � `: � . ' . ' � , 5 � � � ' � -� = - ; 1 � �. . �� , : . � ` - `6} � � ' ' � '�� . � � . . R ' .,1 "�� i � �. (� , � . . . �. � . . , - � �,: �: �* )� .. - � 4 . --/D7.�� . . .� , _--; � � � . � _ - \ t r. _ � ; 1� '`�'k' ;�. � "•' ' . ; �' 6 7 ,�'3 , � : '. -� . - '_�� I 4 . . i _. '..' � .. ' ��_ r�: . � ^ .. �f J'"Fc - . � . � I�� . � � ` w _ '*, � r , . . . � '.l . . e � . . �.r ra l� t ' - .. . ~ � � _'_� /_ '— ' ^ _ rrY�� .�_ __._ .___....._ �� > ._—'!�� _� . . \b . . � � �� . �� ` � � • . I,} . i,,, . .. � l' � . 1 .. . - !�� .�. , _ �. � 4 ';_,. , . _' � � �'� i'- � i :.� I l.`. � , -.. � g'�� ' � � �-� � � ^� �- � . • , - = •i . �' �_. L' 'S '� I -� ! _ � I.. . � � `T � - �j � �D C � ' �- . ~�1 �' f0 �'�D�A�{?�-. �� _",� �`j . � ^ � . � .. �� . , � . . • ;..; � � `�� I �' �t��'i C� �� . j -�- � . - � . - , f. ' � , . . _ . � � _ �e��°� � , ss '� �. � � . ` � a�� .�� ;�� - � ,r , ; � � �. �� , ' . ��i��6�_, �,3�a_ � � , ;. . ' ' �! 6VIEETiNG Gf�iE !�! � e �g �y . Lots 2� - Z6, �ilocK T� RIVEftVIE6V H�IGHTS � � - -:;° ; � Subject to Easements of record. � � � ;� � ' A: � - , :, _rt. - . � - _ _ .� . ,`;."; , ' _�.F'.., ., �. '^,` . . t . • . .'j�. VYa hereby cmtify that this• is a trua and correct representetion � � - � • A - t. ot a survey of the boundaries of the abova d3suibed tend ahd :� � ;�-� !, i tfie {oeation of sll buildings end viaible enuoachmenis, if any, J •' % '•` � from or on sa;d Iand. �(��- � , � % ~ 4 � � � .7 f ry 2 Signad }tL..u.: �<. „ i _�C�.�i.4�-� ° ; ...__.__._��...._.�:_ �� .�......s JeI'ti• �s / . r�.narrn�st+ver.n�snx�.tv _i F ��• :,. Board of Appeals September 30, 1978 MAILING LIST �planning Carronission�Octo6er l0, 1978 . Variance and Special llse permit for 695 Fairmont S.treet N.E. . �oberta A. Spohn 3520 James Avenue North Minneapol i s, Mn .55408. � Mr. & Mrs. Chester Schack 685 Glencoe Street N.E: Fridley, Mn:55a32 Mr. & Mrs. Ivan Rengstorf 689 Fairmont Street N.E: Fridley, Mn 55432 Mr. & Mrs. Robert.Sluss 675�Fairmont.Street;N,E. Fridley, Mn�55432�� David Johnson, Jr. 8ox 57 Pierre South Dakota 57704 Mr. & Mrs. Kim.Wall 8065.Riverview Terrace�N.E: Fridley, Mn 55432 Mr. & Mrs. Robert.Heltemes 11779 Norway Street Coon Rapids, Mn 55433 Mr. & Mrs. Robert Johnson 680 Glencoe Street N.E. Fridley, Nln 55432. Mr. & Mrs. Joel Dumphy 670 Glencoe Street N.E. Fridley' Mn.55432 Mr. & Mrs. Robert.Werner 65�5� E]y= St�eet�:N.E: ` ' � Fri dl ey; � Mn �55432.� Mr. & Mrs. �Marvin:l�alor �681 EIy��Street�:N:E: � Fridley, Mn .554�2`� Martha..E.:Haugh�. 8041.Riyerview.Terrace�:N:E. Fridley; Mn 55432. Al l an : B._ St��.a aerg :�: �309:'$5iF��.�v�nne'�IV:E: � . Blaine, INn 55434 Mr.�.& Mrs.�Richard;.E..Cook� 690 . Fa i�rnont Street �: N: E:�� Fridley, Mn:55432 � Mr. b Mrs.�Ry�n �alk�� 688�Fairmont Street`.N.E. Fri dl ey, Mn .55432: � � d �L „7��a �..r. .�..�_,...:�.� ;� � �_mo.�..�,., �� ' '"�""'"'�, �° � {. � 0 &,� c .,� ,y, �; {: . �. �`� � y� �t ', � 8431 UNIYERStTY AVEPlUE N.G., FRIDLEIf� NIINF�IESOTA 6b432 ' TELEPNONB ( 612)6T1-34S0 iJOTiCC 0�' 'Jc�I.IC HCARIida P�c�i�ice is hereby given thut the l�ppeals Co;�rmissian o-F �:he CitY o'F F•r�ialey will conduc� a public hearing in i;f�e City Cnuncil ChamL-ers at 6431 Ur�iversity Avenue hdorthe�s� at 7:30 P.t�l. on Tuesday, Qctpber 10, 197f3, in re��ard to the fo17o��ring: � 0 A request for a variance pursu�nt to Ch�pter 2Q5 �f the Fridley Gity Code, to allow the �ensti^uction of a new dwelling at 695 Fairmont Street N.E: A va�'iance is needed because the 1ot is 642Q square feet instead of the minimum reguirement of 7500 square feet. Fdoi;ice is he�°eby g��re�� that all persons having an interest therein will be cti��n an opportunity to be heard. 0 YIRGIWIA SCHPaABEL CI�I',I RI�JO� 1�N ' �1pPEALS CO��f�iISSION I�ote: The Appea]s Commission will have the fina�l action on this request, unless there are objections from surrounding neighbors, the City Staff, or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council through the Planning Commmission t,�ith only a recommendation from the Appeals Commission. 0 0 0 0 yY� ;� -: 3ic�PE�.I.9 CONR�IIS3IOft M�TIP�G, OCTOBER 10, 1978 - PAGS 3 Mr. Plemel� asked 2dr. Lepsch if the exterior of his hoiise �as stucco a�d haar . he aould tinieh the exterior of the garage. I�. Lepsch stated that t►is house wsa stucco and the gar�ge wouLcl be too. 1�e Kemper asked if the drivewqy wonld come oPf oP �+6the Mro Lepech steted thnt it would. • M�ION by Mr. Kemper, seconded by Mr. Plemel to close the pul�lic hesring. Z1PON A YOICE VO'1'E, ALL VOTING AYE, VICE CEAIRWOMAN' GABEL DECL�RED T.AE P�LIC �xG CLOSID � 7� 55 PM. . t�r. Barna stated thst since this had been ga�ne rnrer by the Ci�tyr Council before, and this was juet� in his opinion, more cleaning up, he had no objection. . Mro Plemel sta�ed that he had no objectionsa Mro Kemper agreed. - - Ms. Gabel stated since part of the stipulatioa for tlne lot split �ras tYiat he be ebl.e to build a garage, Mr. Lepsch wae put in the positican of needing a variance� and the Ca�ission should be in a positian to grant it. I�'TION by Mr. Kemper� seconded by Mr. Berna to approve thp request for variaace pursuant to Chapter 205 of the Fridley City Cod.e� to ellew the construction o�' a 2� foot by l� foot attached garage to the dwelling at 2�608 2ad street N.T. � �o all.ow the minimum side yard to be reduced frc� the required 5 feet to 2 1/2 �eet. (Request by �Tilliam Paul Lepsch� 1+608 �d. Street NE� Fridley� 2dn. 5�+21). ik'ON A VOICE VO'I'E� ALL VOTING AYE� VICE CHAIRWOMAN GABEL DECLI�RED TSE M�dTION CARRIID UNANIMOUSLY. .' . . _ . . _ .. . l�ts. Gabel told Mro Lepsch that he is free to get a building permit. �. R�7Qt�ST FOR� A VARIANCE P�SUANT TO C.HAPT'ER 205 OF T� FRIDLEY CITY CODE, TO ALIAbJ TF� CONSTRI�TION OF A NEW DWELLING AT 695 FAIRMONT STREEr N E� TO REDLICE TI� MINIMUM LOT RE9UII�II►'�1�FI' FROM 75Q0 S UARE FEET TO 6420 UARE FEET. (Request by Roberta M. Spohn, 3520 James Aveaue Noz�th� Minneapolis� t�n. 55�)• P�l7��I0N_ by Mr. Kempere secondecl by Mre �arna to open the public hearing, tJPON A VOICE VOTE� ALL VO�ING A7�E9 VICE CEAIItWOMAN GABEL DECLARID T� PLIDLIC �ARING OPEN AT B:OO PM. I�1s. Gabel asked Roberba Spohn to etep �orwardo Mso Spoha wes not there e�d h�r gether� Mr. Fo Co Spohn came �orward. � Ma. Gabel read the Adminiatrative Stati Report s�s �ollawa: , � �. CON4�fIS3I0N MEETING, OCTOBER 10, 1978 � -��• PAGE 4 ADMINISTRATIVE STAFF REPORT 695 Fairmont Street N.E. A. PUBLIC.PURPOSE.SERVED BY REQUIREMENT: .!'-"1,�„ s z _ - 7r 205.053 (1B) LOT ON A PLAT RECORDED BEFORE DECEMBER 29, 1955, THE MINIMUM � LUI HKtH 1J /,SUU JI�UHKt I'ttl. Public purpose ser.ved by this requirement is to avoid�the condition of . over crow�iing of a residential neighborhood and to�avoid an excess burden on the existing water and sewer services and to avoid reduction of sur- �ounding property values. . � � .054 (26) REQUIRES A MINIMIJM OF 768 SQUARE FEET OF GROSS FLODR AREA SE. Public purpose served by this requirement is ta provide adequate house size :.:. . and living area in residential bu�ldings. . � E FOR THE STANDARDS A GUIDELidES AS LAID QUT�BY THE TNTERIM A. To protect and preserve a unique and valuable state and regional resource for the benefit of the he�lth, safety and welfare of the citizens for the state, region and nat�on; B. To prevent and mitigate irreversible damage to this siate, regional, and national resource; . C. To preserve and enhance its natural, aestfietic��cultural, and historic� value for the public use; . D. To protect and preserve the river as an essential element in the national, state, and regional transportation, sewer and water and : recreational systems; and Eo To protect and preserve the biological and ecological functions of the corridor. � In keeping with the above, the public purpose served by the critical areas designation, section G4,b2, states that there must be 100 feet setback from the normal high water mark of the river. �. STATED HARDSHIP: "None siated" C. ADMINISTRATIVE STAFF REVIEW: � m This lot will require a special use permit in order to be built on because it is in the flood Plain. This variance recommendation will be heard at the same time as the special use permit on October 25, 1978. Similar requests to develop 60 foot wide lots in this area of town have been granted in the pasto The house�plans are not available at this writing. No permits to . construct a dwelling in the flood.p��irr areas have been granted in the last five years or more. - • =7�AIS COI�II�fISSION MEE'TING, OCTOBER 10, 1978 - PA� 5 y' . Mr. Holdea stated that�in reviewing this request, it s�as rliscovered that .�� 8 variance would aleo be needed for the size of the house. Aleo, there vonld be e public hearing at the next Planning Coammission meeting because s Special Uae Permit would be required to build on the flood plaia. Mr. Holden stated that it would be in or�er to discwss the house size at this time and make a recommnendation. If there was a�r question of it, there WouLd be opportunity to reopen the questioning at the`secornd public heering at the Planning•Com�mission meeting. The people involved wovld be ra-notified.of the additional variance to.the house size and the critical.areas setback of 100 feet. Ms. Gabel asked Frank Spohn to eacplain what his davghter inte�ded to do. Mr. Spohn stated that his daughter would like to build a houae with a base- ment if possible� but iY tliat Was not possible� she would build above. Mr. Spohn atated that acrose Fairmont, a Mr. Stahlberg p].anned to build with e basement. � {staff �"• Holden stated that Mr. Stahlberg had already applied for a Special Use P ermit, . This had been approved hy the P lannin� Commission and_wouLd be going to the C�itq Council correct io�p� 2g� Tg ,�.. �lden explained that this ares is below what they figure the 1C10 year flood waters would cover. Even though a dike hae been built, it iiaen't been recognized by the Corp of Engineera9 and that ie frhy it was still conaidered a flood plain. In order to build.in a flood plain srea requires . first of all, a Special Use Permit from the City Council. Also a variance �as required because the lot was �all and that's what will be discussed tanight. ' On October 25th at the Planning Commission meeting, the question oY how high the house r,�7.1 have to be and special construction needs would be discuss�d 3n more detail. - Mr. Holden stated that the requirement for the house size was 768 square Peet and Ms. Spohn's plen call Por only 720 square feet. The Yront of the lot is de�initely on Rivervi.ew Terracee The house Was basical],y an A-Frame expansion. Ms. Gabel esked Mr. Spohn if when he msa�tioned building �ri.thout a basement, did he meea with no basement at alls or e basement above flood level. Mr. Spohn stated he meant either wey, whichev�r Was propere If the bssement Was aot feasiblej she would pu� on saother roam for s utility room or use a bed- room for the utility and laundry room. � Ms. Gabel question�d usin� an existing room for the utility room; would it take awqy frami liviag space. Mr. Bsrns stated that the plsn gives 1140 square feet bet�een the two floora� tbat there t�as an uppes floor. Mr. Kemper aeked iP Mso Spohu present�y ot�med the ].vto Mro Spoi� steted �hat Mso 3poha has owned the lot for sbon� �hree a�i ha. APPEALS COtM�IIS3I0N MEETING, OCTOBER 10, 1978 . - ` PAG'_E E ' . - . e'rqFs - a _ . . . . . . . _ .s .� •r,. Ms. Gabel stated that the Administrative Staff Re�ort did not state a hardahip� snd th3s was e condition to granting` a vari�nce. Ms. Gab�l stated that the �rdship Wa8 obvious� thet Ms. 3pohn bought a lot that w�s not buildable without the vsriance. Mr. Barna stated that the Administrative Staff Report�indicated 768 square feet are required for a split entry, but this w�s g story arnd a half . Mr. Barna asked �: what the requirements are for a story and e half. � � Mr. Solden stated that 768 square feet � the requirement Por a�q�r type of house� exclusiva of the attached gara�e, o� a lo�t that was smaller that 75 x 125. IKr. Kemper stated tlaat Ms. Spo11n's plans c�11. for 720 equare Peet on the first floor9 and 1140 square �eet total. Mr. Kemper stated that the Administrative �taif Report stated that there must be 100 foot setback from the normal high water mark of the river. Was the normal high water mmrk considere3 to be the high water mark of the flood �laia? Mr. . Holden stated that the normal high wat�r mark Was close to the bank� do�n by the river, south. However, whea revi�,ring this, we added the house size varieace into it as wel7. se the crit3cal areas �nst as a notatioa. Mr. Ho3.den dida't think the crit3cal areas was a problem here because the hovses on either side hed been develop�d eloag Riverview Terrace, and he thought it would be creating undue hardship to den,,V construction on the lots �.own there on],y because they are within l00 fget of the Mississippi. This should �ass their criteria, be,,�ause these:fiouses wo�:l.d not effect the Yiver.�tself, Mr. Holded said. Ahr. bsrna noted that they were separated from �he river by a paved roadwe�q. Mr. Bern� asked 1�. Holden wh$� the dep�h of the sewer main wss. Mr. Ho�den stated that the depth Wa� 9 feet and wovldn't present s prob�em. Ms. Gabel ask�d iP anyone �ias in the audience in respec� to th�s�request. I�a Chester ScYrack, 685 Glencoe cs� forward. Mr. Schack ststed that he had Water problems at.his home, and didn't like to see other people build ichere because they wou].d have the sa� problem. Mr. Schack stated that since his home a block�aw�►, construatian would not effect him, �d he vad no objections, other than the people building ihere would have a prw blemo Bi$. Gabel tbanked Mr. Sc.backo A��'ION by Mr. �s�°ns' seco�ded by Mr. Kemper to close the_.public hearing. t1PQN A VOICE VO2'Es ALL VOTIl1� AYE9 V�CE CHAIftWOMAN GABET. D�ECLARED T� P�LIC HEAR�G CLOSED AT Sr25 PMo . . . - ��. •�; ��n�PE°�IS CONQ�lISSION MEETING, CCTOBER 10� 1978 � PAGE 7 �. . � Mc. Pleme]. stated that�he hated to see anyone build therea Mr. Kemper asked it it was neceasary to act beiore the Planning Co�i.ssion. Mse Gabel stated.that it vas neceasary. • Mr. Ke�per stated that he found it difPicult to rule for or against the eariance et tha� time because the petitioner Was not there� ewd•he would have liked to ask� her questions about the sale of the lot. _ . .� ::.�� :� _ ... :..� ; . Ms. Gebel stated that she agreed, to a degree, because there are all kinds of things that m$y be necessary for her to do to build on this lot� and Ms. Gabel's queation-would be Was ahe willing to do those thiugs. But at the same time� iY she would be willing to do them, she should have the opportunity. Mr. Keacper atated that he didn�t think he wanted the Appeels Commission put ia the position oP agreeiag that the lot was buildable, and then finding out $hat it wasn't. Nlr. Holden statecl that they were not g3v3ng her approval to build� oaly dealing with.the variance questian. Mr. Ke�uper stated that the Appeals Commission Was a Board of the City of Frfdley� and it would be giving tacit approval�to certain elements of the problem_ancl s�as aot sure he knew enough at this.point in time to be able to do that. Mr. Barna asQed if the Coaffiission wa8 expected to react to the Missi�sippi River Corridor Critical Areas part of it as a variance thing-or if this part of it ��ras under the Special Use Permit. 1Kr. Holden stated th�t it Was a variance. l�r. �arns stated that he had no ob�ectians to the 60 foot lot size becauae ma�r lots are only 50 feet. As far as the 768, square foot requirement, mar�y of the ha�es•in that area are less thaii 720 square feet� so he would have no objection to that. Mr. Barna atated that as far as the river corr3dor variance� except � for the floal plain part, as far as preserving anything, the preserved ar�a m_ separated by a road and a bicycle walkway. Mr. Barna stated that he felt that�the house would fit in nicely. Mr. Barna stated that he would have 13ked to hear fraan the geople to the east oP this lot, becsuse.this house would be higher. Mr. Barna s�arized tbat he would have no objectians to the three variances; to building within 100 feet of the river� to buildiag the house 48 feet smaller �han required, and to bui.ldi�g on a lot smaller th�n the required 7500 square feet. I�1r. �arna stated that a precedent for these variances had been set in this area. `CO2�fIS3I0N MEE'PING, OCTOBIIt 10, 1q78 -. ' PAGE _8 �� a . � 1KOTION by Mr. Berna, to approve the.vari�nc�s on the equare footage of the lo� t.the square footage oi the house and the Mississigpi� River guideliae, and %o recommend apProval of the Special Uae Permit. � � Motion died for lack o� a secasld. Mr. Plemei requested Mro Bezy�a withdraw the Specfal Use Permit p�rt. 1+�. Barna agreed. A�►I'ION by N�. Barna, seconded by Mr. Plemel to reco�end for approval to Council request for variances pursuant to Chapter 205 of the Fridley City Cvde� to aLlow the construction of a new awelling at 695 Fairmont Street r�E, �to reduce the minimvm lat requirement fro�a 7504 sqza,are fe�t to 6�+20 square feet, to reduce the minim� house size requirement from 768 square feet to 720 square feet; and pursuant to. Section G4,b2 of the In�terim Development Regu�.ations for the Mississippi River Corx�idor Critical-Areas to reduce the minimum settack from 100 feet to 80 feet� from the normal high water mark oP the river. iJl'ON A VOICE VOTE� NlR. BARNA� P+�t. PLEN�L� MS. GABEI, VOTING AYE� Al�1ID 1�1RR. ��'ER VOTING NAYs VICE CHA�tWOMAN GABEL DECLARE'!) T� MOTION CARRIED 3 TO l. Mr. Barna s�ated because they didn't knaw if th� petitioner was eWare of the problems of the lot� and because the peti�tioner purchased the lot in geod faith� he Wou?d recommend approval oP the Special Use Permito MOTiON �y Mr. Barna to reco�e�cl approval of 'L•he Special UEe Permit. l4btioa died Yor lack of a aecand o . . Ms. Gabel informed Mr. Spoi�n that the App�eals Ccammisaion was recQnmmen+din� epproval oP the variance�s� and that his d�taghter eppear at the Planning Ca�aission M�etin� on Octob�er 25� 1978 at 7:30 P•�►• N�TIOIV by Mr. Kemper, seconded by Mr. Barna' to move Items 3 end 5 to the mot�offi � of the Agenda. . . [�OId A�TOIC� VO'rE, AI.L VOTING AYE� VICE CHAIRWOMAN GABEL DECLA�iED T� . MOTION CARRIID U1VAlVIM0U5LY . . . . . _ . . . . . : a• i w •I: • ,u1 � i: . �u • • ��: .• • :i y: u s+ uu a. �. •„ ��I, vu: �1� , e . n • �u _r � � n:�1:u � . !�, u r � r� � u. . � n. ti�ue . v. :�, : a• ■i- ;w� ry;w� �• �•�. e�. � � wue r+ • � �t, u:c �. ► :� i � �_ : � � • , i u � . u:i �: �.• � • � :■ u.0 : wu: ��++ � • � .: :. .,�.; .� � • ; . � �-. . - �. M�IOR by Mra Kemper9 seconded by Mr. Bara� to open the public hearing. UPON A VOICE VOTE, ALL VO►PING AYE, VICE �EA�tWAMAN GABEL DE�LARID T� P�LIC �A.RING OPEN AT 8: �0 PM. . �� , . �� : � E}� �. _�...,��:��J � � �``. �� : �3„�.� 1°�'Y � ��0 �..�Y ��:� ' 6431 UNIVERSITY AVENUE M.E.� FRIDLEY� MINNESOTA b6432 �y�` � TELEPHONE ( 812)5T1-3450 ,:; ' � November 20, 1978 '{ .; � . ... CITY COU(�CIL � � 1�CTi0t�1 TAI:EN hlOTICE �' . ��s- Roberta M. Spohn 3520 James Avenue North Mi�nneapol i s 9 Mn 554I �' Dear Ms. Spohn: ' On November 6, 1978 , the Fridley.City Council o`f�cially aporoved your r�equest �or variances for 695 Fairmant St. N.E. s:i;;h th� sti�ulatior�s 1ist�� belo�l. an�pecial Use Permit, SP #78-12 'Please revi��, t(�e n�te� stipulGti�ns, sign ih� st,:tement belo�l, an�f rel;ur� one copy �:o the C; ty af Fri dl ey. If you have ariy que��ions regat•ding the aU�ve dC�'IGiI, please c�11 Lhe Com��tuni ty D��: zl op�;�nt 01'f i ce at 571-34�50. , JL�f de Si:ipulations: None Sincerely, ��S:OLD L. EDAR►.�fi�1N I7Y PLAhfdER 1. A drainage plan be submitted. Concur �vitl� action taken. . � - 1K CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 66432 TELEPHONE ( 6-12)571-3450 �OM IT MAY CONCERN: On October 10, 1978 the Appeals Commission considered a variance �� aduce the minimum requirement of 7500 square feet to 6420 square feet on a lot at 695 Fairmont Street N.E. This also requires a Special Use Permit because this property is located in flood plain zoning. (see other notice) When the staff reviewed this request, they found that the minimum square footage of gross floor area of this new construction was 720 square feet instead of the required 768 square feet, and that the setback from the Mississippi River Corridor was 85 feet instead of the 100 feet required �n the standards and guidelines as laid out by the interim Develop�ent Regulations for the Mississippi River Corridor Critical Area. The Appeals Commission did grant these variances at their meeting of October lOth, 1978, but these requests also have to go on to the Planning Commission and City Council. If you want to make any comments on these variances, or the Special Use Permit, you may do so at the Planning Commission meeting of October 25th at 7:30 P.M. ,� . .�. ��.I � [J �� 27i THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 6, 1978 The Regular Meeting af tfie �ridley City Council was called to order at 7:42 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Counc3l and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Councilman Barnette, Councilman Schneider, Mayor Nee, Coancilman Hamernik and Councilman Fitzpatrick MEM�ERS ABSEM: None PRESENTATION OF AWARDS: MR. HERMAN BERGMAN, COMMUNITY DEVELOPMENT APJD PLANNING COMMISSION: Mayor Nee presented a certificate of appreciation to Mr. Bergman for his services as a member of the Cortununity Development and Planning Cortunissions. He stated the Council appreciates his contribution to the cormnunity and each Councilmember expressed their appreciation to Mr. Bergman. MR. DAVID SABISTINA, ENVIRONMENTAL QUALITY COMMISSION: Mr. Sabistina was nut present to receive this certificate of appreciation for his services on the Environmental Quality Cormnission. Mayor Nee asked that the certificate be fo►�warded to him. APPROVAL OF MINUTES: REGULAR MEETIN6 OF OCTDBER 2, 7978: A70TION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF OCTOBER 23, 1978: MOTION by Councilman Hamernik to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carri�d unanimously. ADOPTION OF AGENDA- MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response frnm the audience under this item of business. NEW BUSINESS• R�CEIVING THE MINUTfS OF THf PLANNING COMMISSION MEETING OF OCTOBER 25, 1978: ROBERTA SPOHN, 5P #78-12 AND 2 VARIANCES; 695 FAIRMONT STREET N.E.: Mr. Sobiech, Public Works Director, stated this is a request to allow construction of a single family dwelling at the northeast quadrant of Fairmont and Riverview Terrace. He stated a special use permit is required since the property lies within the flood plain. Mr. Sobiech stated the City has received no negative comments from the Department of Natural Resources. He explained the proposed construction of the dwelling urould take place above the known high water mark of the flood plain. � � � � 272 - - . . . _. - - - ' ---- _ _ . �,��. REGULAR MEETING OF NOVEt48ER 6. 1978 PAGE 2 Mr, Sobiech stated the Planning Commission has recortmended approval of the special use permit contingent on a drainage plan so that properties to the north and east �vould be protected. He stated a drainage plan has been sub- mitted which would direct water to the street to be received by the storm sewer system in Fairmont Avenue. Mr. Sobiech stated one of the variances has been deleted regarding the size of the dwelling, therefore, the two variances to be considered would be reduction in the minimum size of the lot from 7,500 to 6,420 square feet and a variance to the Interim Development Regulations for the Mississippi River Corridor Critical Areas to reduce the minimum setback from 100 to 80 feet. No persons in the audience spoke for or against these requests for a special use permit and variances. MOTION by Councilman Fitzpatrick to approve SP #78-12 with the stipulation that the plan submitted is follov�ed and acceptable to the City Engineer. Seconded by Councilfian Schneider. Councilman Schneider questioned, if there was some future damage to this house from floodirg, if the petitioner would have recourse back to the City. Mr. Herrick, City Attorney, felt the City has adopted reasonable standards and is taking the necessary steps to see that these standards are met. He stated the petitioner has been made aware that this lot is in the flood plain and knows what the highest previous flood experience has been and has re- quested permission to build knowing the situation. Ne felt the City has pointed these things out to the petitioner and has required reasonable safe- guards. UPON A VOICE VOTE TAKEN OiV THE ABOVE MOTTON, all voted aye, and f+layor Nee declared the �tion carried unanimously. APPEALS CONB�9ISSION MINUTES OF OCTOBER 10, 1978: ROBERTA SPDHId; 695 FAIRMONT STREET N.E.: MOTION by Councilman �itzpatrick to grant the variance from the min9mum lot area requirement of 7,500 square feet to 6,420 square feet and grant the variance to the Interim Development Regulations for the Mississippi River Corridor Critical Areas to reduce the setback from the required 100 feet to 8Q feet. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. D. W. HARSTAD COMPANY, INC.; EAST SIDE OF 7800 BLOCY. ON HICKORY STREET_ Mr. Sobiech, Public Works Director, stated this is a request to allow off- street parking to be within 0 feet of the lot line instead of the required setback of 5 feet, to allow construction of three warehouses on the east side of the 7800 block on Hickory Street N.E. Mr. Sobiech stated it is intended to have the variance request for all three structures, however, if the variance was not utilized within one year, it would be necessary for them to renew or reapply. Mr. Dick Johnson, representing D. W. Harstad, requested they have the option to extend. the variance beyond the time limit. He felt they probably wouldn't have construction completed within the one year period� but felt it should be within a two year period. Councilman Hamernik indicated he didn't really have any questions regarding this variance since similar variances have been issued on a number of other parcels in this area. M07ION by Councilman Hamernik to concur with the recoiranendation of the Appeals � � _. - y= CITY OF FRIDLEY PLANNING COrM�ISSION MEETING. OCTOBER 25, 1978 _ CALL TO QRDER: ' Chairman Harris a�117.ed the October 25, 19?8� Planning Commiasion meeting to order at 7:35 P.Mo . ROLL CALL: ��_ Members Present: Ned, Storla, LeRay �uist� Richard Earris� Robert Peterson� Virginia Schnabel� Jim Langenfeld Members Absent: None � Othera Present: Jerry Boardman, City Planner (arrived at 8:15 P.M.) 1. APPROVE PLANNING CONIl�lISSION MINt3'!'ES: OCTOBER �+, 1978t MOTION by Mr.Langenfeld, seconded by Mr. Oquist to apprave the October �� 1978' la�nning Co�i.saia�n minuices as written. UPON A VOICE YOTE, AI�L VOTIIdG AYE, CHAIRMAN AAi�RIS DECLARID THE MOTION CARRIED UNANIMOUSLY. . �,� 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP �78-12� BY ��ROBERTA M. SPOHNt Per Fridley City Code� Section 205.157, 5� D� to � allow the construct3on of a new dwelling in CPR-2 Zoning (flood plain)� located on Lots 25 and 26, B3ock T� Riverview H�ights� the same being 695 Fairmont S�re�t N.E. A. Public Hear3ng on two va�iances approved by Appeals Ca�ission on October 10, 1978, which wer•e not included in the notice sent to all affected property owners on the ori�inal variance request: Reduce mi ni m»m square footage of the �ros s floor area from the required 7b8 square feet to 720 square feet� and the setback from the Mississippi River Co�+ridor be reduced. from 100 Yeet to 80 feet. (pages 3 to 8 in Appeals Ca�ission, minutes). I�ION by I�. Langenfeld� seconded by Mr. Storla to open the public hearing. UPON A VOICE VOTE� ALL dOTING AYE� CHAIRMAN HA�RRIS DECLARID THE PUBLIC �ARIlVG OPEN AT 7:37 P.M. • Chairman Aarris asked the pe�itioner to atep iorwar�i� and explain what she intended to do. Ms. Roberta Spohn� 352o James Anenue 1Vo. came forward and stated that she would like to build a house for herself to live in and submitted the blueprints �to the Camunissioners. . Mr. Harris asked if the elevation of the basement; floor would be above flood leveb. Ms. Spolon etated that she was �told she wou].d have to raise the lsad 1� fe�t and could not hava a basemanto �* PZANNING CONIlNIS9ION MEETING, OCTOBER 25, 19T8 - •p� 2 I�. Langenfeld eaked Ms. 3pohn how long she had awned the property and if when she purchased the property there was a�y indication in the agreement that the property was located in this kind of area. Me. Spohn atated she had purchased the property on Ms�y 30� 1978 and was told that the property was located in the flood plain, but that it Was a bvi].dable lot� and that was wi�y she purchased it. Mr. Peterson asked Who told Ms. Spohn it was s buildable lot. Ms. Spohn stated that she went through Capri Reality� and Century 21 had it listed� and it was written on th8 white sheet that it wss a buildable lot. Mr. Langenfeld asked Ms. Spohn if she had talked with Mr. Chester Schack. The Appeals Co�ssion Minutes oi October 10� 19?8 indicated that Mr. Schack had problems. Mr. Frank Spohn� Ms. Spohn's father came fox�iard and stated tYiat he had attended the Appeals Coffiniss3on hearing, and that Mr. 5chack was there. Mr. SpoYm stated that Mr. Schack lives one block north of Nis. Spohn's property� and Mr. Schack did not ob�ject to an,}rone building there, he only wented the property o�mer to be aware of the fact that rain came down throu�h the yards of existing homes be�ween Glencoe and �'eirmont. Mr. Schack's address is 685 Glencoe. Mr. I,angenfeld stated that he ws,s caalcerned that Ms. Spohn be aWare o� the potential dan�ers that could exist. Mr. Spolin state3 that Nls. Spohn was required to add �i11 and this would raise her lot above her neighbors� and Mr. S�ohn felt the neighbors would be concerned about 'th3s. ' Ms. Schnabel s�ated that a le�ter Prom staff indics�ted tha� the setback was 85 feet 3nstead of the 100 ieet required. Mr. Harris stated that the variance for t}�is setback was recommended for approv�l. - by the Appeals Commiasion. Mr. Harris stated that the Special Use Permit is re- quired to build a house in this areae Ms. Spohn stated that she would like to extend the house another 3 Yeet becauae her living room would be too narrow as it is. I�r. Harris stated that she cou].d do this as long ae the house fit in un+der the variances that have been recoamlended.for �pproval. Ms. Bchnabel stated that she would have t� be 35 feet back from the lot line� and wquld aleo have to meet the rear yard setback. Ms. Schnabel suggested tha� N�. Spohn have aqy alterations checked by Sta�f. Ms. Schnabel stated Ms. Spobn would heve to meet a 35 foot setback fra� Rive�riew and also a 17 1�2 foot setback iram Fsirmonto Mr. Harris informed Ms. S�iohn tbat if cham�es vere made� the plans �rould have to be changed before she applied for a Building Permit. � � 9 PLANNING CONIl�QS3ION MEETING, OCTOBER 25, �978 - PAGE 3 - • - 1�. 8arris asked Ms. Spohn if she Was aware of the requirements of the flood plain area� as far ss elevation oP the house and the special treatments that must be ma,de in the foundation and so forth. Ms. S�ohn stated that she was told the lot mu�t be raised 4 feet and she could have no basement, aad ii there were epecial treatments required she would contaat Staff. Mr. Harria informed Ms. Spohn.that 15 feet awqy fraQn the house� the ground hae to be sloped-awqy from the house to take care of drainage� so that water runs awqy from the house. Ms. Schnabel asked Ms. Spohn if she had talked to Staf'f regarding flood plain requirements. Ms. Spohn atsted she l�d 'talked to Darrel. Clark, the Building 7nspectoro Mr. Robert Sluss� 675 Fairmont Street N.E.� came �orward and stated he livea behind leiis. Spohn's property� and that there is a lot betWeen his lot and Ms. Spohn's lot. Mr. Sluss stated. that he had a drain field installed last stmnner and it ran con- stant],y. Mr. S1uss stated that if Ms. Spohn's lot was raised 4 feet and ths run- off diverted, it would increase�his wa�er prablem. Mr. Sluss would like the water drained in a dif�erent direction� maybe into the street. N�. Harris stated that Ms. Spohn would have to submit a drainage plan, and the drainage should be disected toward the street. Mr. Harris si�ated that the elevation of the garage structure may also have to be raisedt and the draina�e would be directed to Fairmdnt St�eet. Njr. Sluss stated this should take care of his problem. Mr. Kim Wall, 8065 Riverview Terrace� came forward and stated that Fairmont caanes down at such an incline� that if there was a heavy rain, and the water builds up� that drain cannot handle it, and the street fills with water and then drains into an empty lot. The person who owns the lot just p�ys taxes and won't bu31d on that lot be�ause it is too small. Mr. Wall was concerned that if Ms. Spohn's property was built up� would tbe water run into his driveway. Rir. Hall also stated tha�t if Ms. Spohn's lot is raised 4 feet and if it was graded with a 15 feet inclin� awqy from the house� the water would run�east� which is a decline going the other wa�, and a11 that water will �o back again, and there was water sitting on Ms. Spohn's lot this spring, because the dra3ns cannot handle the water. Mr. Harrie asked where the catch basins were located. Mr. Eall stated there are located near her east lot line,�and another a little south across the street on Fairmont. Mr. Aall stated that his lot line rune approximate],y ].2 inchea fra� his garage, and �ould like to �tn�w what the mini�um distance was between his line and the house or gara�e Ms. S�iohn would put on her lot. 1Kr..Earris stated that the minimum was 10 feet and her house would be 18 1�2 Yeet fra¢n his lot line� with the garage a little closer. �� 0 PLAN�IING COt�9ISSI0N N�ETING, OCTOBER 25, 1978 - PAGE 4 Mr. Hall asked that if the driveway was o�'P Fairmont� would they build up the incline a� Fairmont. Mr. Harris stated that they would probably btaild up bhe incline of the driveway to the garage, becauae the garage would have to be above the flood. plain level. I�. 8arris reiterated that there should be a drainage plan. Mr. Leonard Spohn came forward and asked if Riverview Terrace was a permsnent . street as it sits, because he had naticed that there axe no curbs� no drainage no catch basins� and it was higher than Fairmont. Mr. Herris explained that Riverview Terrace was a.raised roadway� not a.dike� and was considered. a permanent street. . Mr. Aall asked. if that street will remain as it is� because if it was 3 feet lower� it would cause drainage problems. Mr. Harris stated that to the best of the Com�ission's knowledge, the roadwqy would remain as it was. � Ms. 3chnabel stated that the survey indicated that the high water record oi the City is 822.90 and the street elevations shown here vary from 820 to 822� which is in keepin� with the high �a�ter mark� and it would be advantageous to raise the house up� under the circumstances. MOTION by N�. Langenield, seconded. by A?r. Peterson to close the pub73c hearing. i�N A VOICE VOTE� ALL VOTING AYE� CHAIRMAN AARRIS DECLARED THE PUBI,IC HEARING CIA�' D AT.8:10 P.M. _ . . . . _ , .. . _ . . . Mr. Langeafeld stated he would like clarification oP the item on page 4 of the Appeale Co�niasion minutes indicating that no permits had been granted to build a dWell9.n� in �the flood plain areas in the last five years. Mr. Harris stated that ia CRP-1 we couldn't but 3n CRP-2 we could allow a structure� end they have allowed this. 1�. Harr3s stated that,there was one �ust recently. Mr. Langenfeld stated that the petitioner should be aware of tbe potential problems� and i� the S�iecial Use Permit s,�as gr�nted� ar�r problems would be with the petitioner� and not the City. MOTION by Mr. Peterson, seconded by Ms. Scimabe]. to recommn�nd to Council approval oY.SPECIAL USE P�RNb'P �'j8-12� by Roberta Nf. Spohn� per.Fridley City Code� Section �5•157, 5, D, to allow the construction of e new dwelling in CPR-2 Zoning (flood plain), located on Lots 25 and 26, Block T� Riverview Hei�hts, the same being 695 Fairmont Street N.E. with the stipulat3on.that a drainage plan be submitted at the same time the revised house plans are submitted. � Mr. Harris asked Mr. Boardman if there was a problem with Staff in grsnting the Specisl Use Permit. � A�. Boardman stated that Staff had no problem Wi.th the Special Use Permit. � — �S i PLANNING CONQNISSTON MEF,'TING, OCTOBER 25� 1978" - PAGE 5 Mr. Langenfeld stated that he would like to stress.the fact that the drain&ge problems should be throughly studied so there would not be s re-occurrence of problems in that area� as has happened•in other areas. UPON A VOICE VOT'E� ALL VOTING AYE� CAAIRMAN EARRIS DECLARID T� MOTION CARRIED iJNANIMOUSLY. ._ _ . 3. x�cE� ��s cor�sszoN rarrv�rES: oc�roB�x 10, 1978: MOTION by Ms. Schnabel� seconded by Mr. Langeafeld to receive the October 10� 1978� .�_ Appeals Coffinission minutesa Mr. Langenfeld stated that he�had noticed that several motions regarding the Special Use Permi.t had died for lack of a second. Ms. Schnabel stated that she thought that perh�ps the Board felt it was out of their jurisdiction to make any recoummendations on whether or not the Special Use Permit should be passed. � UPON A VOICE VOTE� ALI, VOTIl� AYE� CHAIRMAN AARRIS DECLARED THE MOTION CARRIE'D iI1VANIl�IOUSLY. . . _ . • .. . . . • . - - - . . . . �+. CONTINUED: ADDITIONAL APPOINTMENT TO ENERGY CONIl+9ISSION: � . NlOTION by Mr. Langenfeld, e�conded by Ms. SchnabeZ to receive �he letter from Dean Saba regardin� the Energy Project Co�mnittee. Mr. Harris stated that this letter was �eceived rather late. � 1�. Boardman stated. that they received it late� and since the Co�ittee hadn't met yet, Staff had submitted, it for the Commission°s review. Mr. Boardman had informed Mr. Saba that the first meeting wovld be November l. UPON A VOICE VO�E� ALL VOTIlVG AYE� CHAIRMAN AARRIS DECLARID TFiE MO�ION CARR�D UNAIVIMOUSLY. , . . _ . . MOTION by N�. Peterson, seconded by Mr. Langenfeld to appoint Dean Saba to the Enex�y Project Comm3t�ee. _ . Mr. Lan�enfeld stated it would be a good idea to appoint Mr. Saba� becauae of the possibility of e drop-out proceas. ' UPON A VOICE VOTE� AI�L VOTING AYE, CEAIRMAN HARI'tIS DECLARED THE MOTION CARRIED iTNANIM0U5LY. � - . . - - Mr. Peterson noted that the ag�nda .re�erred to the Energy Project Conanittee as "Eaergy Coamiission" and it shouid be "Energy Project Co�r►i�tee". , Mr. Harrie stated that he had been to the Council Me�ting and aeked Por admin- istrative help� which was given. � � Mr. Boardman stated that Lynn Saba would be the secretary for the Energy Project Committee. PI.ANNING CON�iISSION ME�TING, OCTOBER 25, 1978 r - •PAGE 6 •� Mr. Harris stated that the request to the City Council we� primari].y for secretarial help� aad informed the Council thet the Comm�ittee would ge� back to them Yor Administrative help. Mr. Harris asked Mr. Boardman to Brran�e for a staf� person st the firs� meeting, to help get organized. M�e Boardman stated he would attend. 5. CONTIN[1ID: PROPOSED CHANGES TO CHAPTER 205. ZOIVING: I+�O►rION by Ms. Schnabel, seconded by Mr. Oquist to eontinue the proposed changes to c` ter 205. zoning. l�r. Lan�enfeld stated he had noticed cei,°tain items were deleted� and asked if these items were added into another section of the ordinance. Mr. Boardman stated that ia some cases items were deleted and added elsewhere� and in other cases they:were deleted altogether. UPON A VOICE VOTE, ALL V�ING AYE� CHAIRNIAN HARRIS DECLARED TAE MOTION CARRIID iTNANIMOUSLY. _. . . . . . - - - .. . 6. COIVTINUED: MENARAI�IDUM OF AGREEMENT: Ntr. �torla stated t�.at he felt the progress on the Memorand�n of Agreement was g�d and the process itself was good. The Human Resources Co�i.ssion would be reviewin,� it a�ain for consistency of terminology. MOTION by Mr. Storla, seconded by Ms. Schnabel �o continue the Memorandum o� Agreement. UPON A VOICE VOTE� ALL VOTING AYE� CHA]RMAN ii1�RRIS DECI�ID T� MOTION CARRIID L1NAlUIMOUSLY . . _ _ . . . . . _ . 7. �rvE xcn�t �souRCES cor�ss�oN r�arTVrES: oc�ros� 5, 1978: I�TION by NIr. Storla� seconded by Mr. Oquist to receive the October 5, 1g78 Human Resources Coffiniss3on minutes. Mr. Langenfeld stated that the Human Resources CoaQnission had come up w3th tbe rales of procedures they were looking for. Mr. Storla noted that the Memorandum of.Agreement was covered on pa�es 3, �+, and 5 oP the minutes. These pages deal with the "rules of procedure" and Mr. Storla felt sure that this was what was requested of the Con�ission.. Ms. Schnabel stated that she felt the handling of complaints was covered in quite a bit of detail' which was a step forward fram the original proposal. 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