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09/25/1972 - 00017117� �� THE MINOTES OF THE REGULAR COUIQCIL MEETING OF SEPTEMBER 25, 1972 The Regular Council Meeting of the Fridley City Council was convened at 7 30 P.M., September 25, 1972. The Meeting was called to order by Mayor Pro tem Breider in Mayor Lieb1's absence. PLEDGE OF ALLEGIANCE Mayor Pro t�m Breider 1ed the Council and the audience in saying the Pledge of Allegiance to the Flag. SNVOCATION Councilman Mittelstadt offered the Invocation. ROLL CALL: MEMBERS PRESENT. Mittelstadt, Breider, Utter NIEMBEIZS f1BSENT: Liebl ADOPTION OF AGENDA: Mayor Pro tem Breider said there were some items to add to the Agenda as � follows #2A Setting Public Hearing Date for CATV Ordinance Amendments for October 17, 1972. ##23 Receiving the Resignation of Mrs. Jacqueline Johnson from the Fridley Industrial Development Commission. }{24 Receiving Suggested Names From Winston Jacobson for the Environmental Quality Commission. #25 Receiving Petition #17-1972, Complaint of Speeding on 7th Street from 57th Avenuc to 63rd Avenue. MOTION by Councilman Mittelstadt to adopt the Agenda as amended. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. VISITORS. Mr. Sam Templin - Request for a Front Yard Variance for Lot l, Block 1, Edgewater Gardens Plat 2. Mr. Templin said that he has a front yard setback variance he would like approved. He said th.e reason he needs this variance is because of the irregularly shaped lot and so the house will line up wrth the rest of the houses in the block. Councilman Mittelstadt said that Mr. Templin called him last week and he told ' Mr. Templin that he could appear before the Council tonight under the Visitors section. This variance seems logical so that the house would be more in line with the rest of the builclings. Mayor Pro tem Breider asked Mr. Templin to bring his certificate of survey forward to the Council table. —'U' j REGULAR COUNCIL MEETING OF SEPTEMBER 25, 1972 PI,GE 2 ' There followed a discussion at the table while looking at the survey. The City Engineer said that he had informed Mr. Templin of the proper procedure for applying for a variance In this case there is Crty park properry to the north of the lot. Mr. Templin added that there is some hurry as the party buying the house would like to be in by Christmas. MOTION by Councilman Mittelstadt to approve the variance requested by Mr sam Templin for Lot l, Block l, Edgeraater Gardens Plat 2, as shown the Council this date and marked as "Exhibit A". Seconded by Councilman Otter. Upon a voice vote, all ayes, Mayor Pro tem Sreider declared the motion carried. ORDINANCE #�52D - AN ORDINANCE ESTABLISHING AN �NVIRONMENTAL QUALSTY CUN- MISSION FOR THE CTTY OF FRIDLEY� MDTION by Councilman Mzttelstadt to adopt Ordinance #520 on second reading, waive the reading and order publication. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. CONSIDERFiTION OF FIRST READING OF AN ORDSNANCE FOR REZOIQING REQUEST ZOA #72-09 BY CHARLES JORDAN fCHUCK'S GULF STATION) TO REZONE I'ROM C-1 TO C-2. THE MOTION by Councilman Mittelstadt to table this ordinance due to the fact Lhat � there are not sufficient votes to approve a rezoning. Seconded by Council- man Utter. Upon a voice vote, all ayes, Mayor Pro tem Dreider declared the motion carried SETTING PUBLIC HEARING DATE FQR CATV ORDINANGE AMLNDMENTS. Mayor Pro tem Breider said that this would be a hearing to consider ihe amendments that have been suggested to the CATV Franchise Ordinance #496. At this hearing, the Ordinance amendments are to be the only order of business. MOTION by Councilman Mittelstadt to set the public hearing date for Ortober 17, 1972 at 7.30 P.M. (Tuesday), in the Councsl Chambers to consider the CATV Drdinance amendments, Seconded by Councilman Utter Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. CDNSIDERATION DF APPROVAL OF FINAL PLAT P.S. #72-03, TIMBER RIDGE BY ROBERT McGFZEGOR, AND FINAL TOWNHOUSE DEVELOPMENT PLAN, AREA LOCATED SOUTH OF 69TH AVENUE AND 1,000 FEET WEST OF CITY LIMITS; The Crty Engineer said that the public hearing was last Monday nighL and there were no objections. The Planning Commission recommended approval of their requests wrth some stipulations. The plat could be approved subject to the drainage and utility plans being approved by the Engineering Depart- ment, $500 to be placed in parks escrow and a dedication of park property � along the south property line. MOTIQN by Councilman Mrttelstadt to approve the Fina1 Plat Timber Aidge P.S. �72-03 subject to the stipulations outlined by the City Engineer and the Plann.ing Commission. Seconded by Councilman Ot'ter. Upon a voice vote, all ayes, Mayor Pro tem Hreider declared the motion carried. r k_ � REGULAR COONCIL MEETING OF SEPTEMBER 25, 1972 PAGE 3 MOTION by Councilman Mittelstadt to approve the final townhouse develop- ment requested by Robert McGregor subject to the plan for the circulatio� of water in the ponding area being approved by the Engineering Department. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. R�CEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 6, 1972: The City Engineer reported that Item �l - a request for a special use permit by Blaine Construction, Inc., is still pending before the Planning Commission. ;ST FOR A SPECIAL OSE PERMIT, SP #72-10, BY service station and permit addition of U-Haul rentals on east 125 feet of Lot 18, Block 2, Central View Manor per City Code Section 45.101, B, E. Continue MOTTON by Councilman Mittelstadt to table this item for 30 days until the action is accomglished on the rezoning request for this parcel of land. Seconded by Counczlman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. REZONING REQUEST, ZOA #�72-10, ROBERT SCHROER. Lot l, Block l, Lots 2& 3, B1ock 2, and north 230 �eet of Block 3, East Ranch Estates 2nd Addition. Rezone from M-2 to C-2S (general shopping areas) MOTION by Councilman Mittelstadt to set the public hearing date for this item for October 16, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. PRELIMINARY PLAT P.S. �#72-04, BY MRS. FZORENCE SWANSON: Generally lying south of Ixonton Street and west of Ashton Avenue. MOTTON by Councilman Mittelstadt to set the public hearing date of October 16, 1972 to consider the plat requested by Mrs. Swanson. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Hreider declared the motion carried. PRELIMINARY PLAT, P.S. �72-05, MEADOW RUN ADDITION, BY FIVE SANDS, INC.: Generally located south of 79th Way, east of East River Road, west of the railroad tracks and north of 77th Way. MOTION by Councilman Mittelstadt to set October 16th for the hearing to consider the plat, Meadow Run, by Five Sands. Seconded by Councilman Utter Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried LOT SFLIT REQUEST, L,S. }�72-07 BY JOHN KOPROWSKI; Lot 13, Auditor's Subdivision ;r23 Revised. The City Engineer showed the area on the screen and said that the west side of these lots are quite low and will eventually have to be served with water � sewer. He said he wanted to emphasize that in the future the property owner wi11 receive an additional assessment for sewer and water, and that there will have to be an east/west easement for future utilities for access to the back lot lines. ' ' , � � , REGULAR COUNCIL MEETING OF SEPTEMBER 25, 1972 PAGE 4 MOTION by Councilman Mittelstadt to approve the 1ot split requested by John Koprowski subject to the stipulations imposed by the Planning Commission and suggested by the City Engineer. Seconded by Councilman Utter. Opon a voice vote, all ayes, Mayor Pro tem Ereider declared the motion carried. MOTION by Councilman Mittelstadt to receive the Minutes of the Planning Com- mission meeting of September 6, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF SEPTEMBER 12, 1972 The City Engineer adivsed the Council that Item �1 (William Nicklow) and Item #2 (Dr Akbar Sa�ady) are sti11 pending before the Board. A REOOEST FOR A VARIANCE DF SECTION 45,063, l, FP.IDLEY CITY CODE, TO REDUCE THE MINIMOM LOT AREA FOR A TWO FAMILY DWELLING FROM 10,000 SQUARE FEET TO 9.400 SOUARE FEET TO ALLOW THF OWPIRR TO �SL'T,T� THE i,AND WTTH THF, UNDFRSTANDTNG S 4 F 5 ADDITION TO MECHANICSVILLE, THE SAME BEING 5526 7TH STREET N.E FRI➢LEY The City Engineer said that this property is located just north of I. 694 on 7th Street. The Soard of Appeals approved the request with the provision that only a two family dwelling could be built on the lots. MOTION by Councilman Utter to grant the variance requested by Laura Vagovich from 10,000 square feet to 9,400 square feet to allow the construction of a two family dwelling only. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. MOTION by Councilman Mittelstadt to receive the Minutes of the Board of Appeals Meeting of September 12, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. THE MINUTES OF THE CATV ADVISORY COMMITTEE MEETING OF S�PTEMBER 8, 1972 M01ION by Councilman Utter to receive the Minutes of the CATV Advisory Com- mittee Meeting of September 8, 1972. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Pro tem Breider cleclared the motion carried. RECEIVING THE MINUTES OF THE CA:V ADVISORY COMMITTEL MEETING OF SEPTEMBER 12, 1972: MOTION by Councilman Utter to receive the Minutes of the CATV Advisory Com- mittee Meeting of September 12, 1972. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried RECEIVING THE MINUTES OF THE CATV A➢VISOP.Y COMMITTEE MEETING OF SEPTEMBER 14, 1972. MOTION by Councilman Utter to receive the Minutes of the CATV Advisory Com- mittee Meeting of September 14, 1972. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayer Pro tem Breider declared the motion carried. �� REGULAR COUNCIL MEETING OI' SEPTEMBER 25, 1972 PAGE 5 RECEIVING THE UP-TO-DATE �STIMATE REPORT FOR PROJECT #102 (STONYBROOK CREEK) FROM COMSTOCK & DAVIS, DATED SEPTEMBER 18, 1972• AND RECEIVING BIDS FOR PROJECT #102 (STONYBROOK CREEK) OPENED SEPTEMBER 25, 1972 Planholder Berglund-Johnson, Inc. P.O. Box "D" Excelsior, Minn. 55331 Metro Engineering 8200 97th Ave. No Minneapolis, Minn 55445 B.A. Park Construction 1306 W. Co. Rd. F St. Paul, Minn. 55112 Minn-Kota Escav. Inc, 3401 SSth Ave. No. Minneapolis, Minn. 55429 Bid Deposit St.Paul F & M 50 Summit Ins. Co. of New York 5°�0 U.S.Fidelity Guaranty So Argonaut Ins. Co. 5% 0 Base Alternate Completion Bid #1 Time $39,300.D0 $17,000.00 60 days $24,850.00 $ 9,200.00 50 days $19,900.00 $ 9,9D0.00 $46,640.00 $10,000.00 50 days 20 days The City Engineer said that originally there were two estimates forwarded; one was for $22,000 if the construction was done by the City and the other for $30,000 if the work was contracted out. There has been approximately $6,000 spent on the work done so far. The contract was set up with a base bid construction estimate ot $15,000 and the lowest bid came in at $19,900 and, as can be seen in the remarks from the Consultzng Engineer, that contractor feels he made a mistake in submitting his bid and is very reluctant to take the �ob. In this particular pro�ect, good performance and public relations are very important because the workers would be in the peoples' back yards. He said that the Council has two options; first to reject the bids and go ahead with the work using day labor, or the bid award could be delayed one week to allow him time to discuss the project further with the low bidder. He said he has tried to get more information $om the low bidder before the meeting, but was unable to contac�t him. f3�uncilman Mittelstadt asked when the City could start work. The City Engineer replied that he was just down to the srte and was surprised to find that there were very few railroad ties left. Fridley has been getting the ties free from the railroad as they become available, and they have been stockpiling them for future use to try to keep the cost down as ties are quite expensive to buy. He said he has not checked through,but it seems that someone has been stealing them !is to when the work could be started, this would depend upon when more ties become available. , � � � L-1 REGULAR COUNCIL MEETING OF SEPTEMBER 25, 1972 -; PAGE 6 MOTION by Councilman Mittelstadt to receive the bid tabulation. Seconded by Councilman Utter, Upon a voice vote, al1 ayes, Mayor Pro Lem Breider declared the motion carried. MOTION by Councilman Mittelstadt to reject all bids because they are higher than the engineering estimate, Seconded by Councilman Utter. Upon a voice vote, a11 ayes, Mayor Pro tem Breider declared �he motion carried. MOTION by Councilman Mittelstadt to instruct the City Administration to begin work on Stonybrook Creek using day labor and within the engineer's estimate. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. ION OF APPROVAL OF AGREEMENT WITH THE C S FOR INSTALLATION OF A TRAFFIC CONTROL 3 The City Engineer reported that the City of Fridley would be responsible for �;, of the cost of the signal, or $6,000, plus 50% of the power costs. Maintenance will be taken care of by Minneapolis and Anoka County. MOTION by Councilman Mittelstadt to approve execution of the agreement as found in the Council agenda. Seconded by Gouncilman ❑tter. Upon a voice vote, a1l ayes, Mayor Pro tem Breider declared the motion carried. UTION THE TEMPORARY TRANSFER OF tUNDS FROM THL' STATE MOTION by Councilman Mittelstadt to adopt Resolution #112-1972, Seconded by Councilman Utter. Upon a voice vote, a11 ayes, Mayor Pro tem Breider declared the motion carried. RESOLUTIOlV #113-1972 - DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEMENT BONDS ACCORDANCE WITH LAWS OF 1957, CHAPTER 385 (St. 1972-1 & St. 1972-2) MOTION by Councilman Mittelstadt to adopt Resolution �113-1972 Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. - DIRECTING OF TEMPORARY IMPROVEMENT MOTION by Councilman Mittelstadt to adopt Resolution �{114-1972 Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. RESOLUTION #115-1972 - MAKING A TRANSFER FROM THE POBZIC liTILITY FUND TO W-75 WATERWORKS IMPRdVEMENT BOND FUND, WATERWORKS BONDS OF 1970 FUND, IMPROVEMENT BONDS OF 1960 FUND, IMPROVEMENT BONDS OF 1963 FUND, IMPROVEMENT BONDS OF 1970 � FUND, AND REFUNDING BOND FUND: MQTIQN by C�uncilman Utter to adopt Resolution #115-1972. Seconded by Councilman Mittelstadt. Upon a vmce vote, all ayes, Mayor Pro tem Breider declared the motion carried. �14 REGULAR COUNCIL MEETING OF SEPTEMBER 25, 1972 PAGE 7 RECEIVING PEpITION #16-1972 FOR STREET IMPROVEMENT PROJECT FOR 66TH AVENUE FROM PIERCB STREET TO CHANNEL ROAD: The City Engineer said that this street improvement will be made a part of the improvement hearing for the 1973 project. MOTION by Councilman Mittelstadt to receive Petition #16-1972. Seconded by Cauncilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 20, 1972: R�QOEST FOR LOT SPLIT, L.S. #72-08, ROBERT G. LINDBLOOM: Lot 7, Block 2, Brookview 2nd Addition. MOTION by Councilman Mittelstadt to concur in $ie recommendation of the Planning Commission and approve the lot split as laid qut by them. Seconded by Council- man Urtter. Upon a voice vote, a11 ayes, Mayor Pro tem Breider declared the motion carried. The City Engineer commented that he would like the applicant to be aware that there may be further water and sewer assessments on these lots. Councilman Mittelstadt said tiaat he hoped that the Planning Commission does have their comprehensive plan by October 18th as noted in 'their minutes, as the Council is most anxious for this plan. MOTION by Councilman Mittelstadt to receive the Minutes of the Planning Com- mission Meeting of September 20, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. REPORT BY CITY ATTORNEY ON GABRELCIK VS. CITY OF FRIDLEY. FRANK`S USED CAR LOT: The City Attorney reported that he did not have a final report at this time, but he has been in contact with Mr. Kohlan and thought he would be ready to submit a written report to the Council on October 2nd. MOTION by Councilman Mit�elstadt to table this item to October 2nd. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the mot_on carried. APPOINTMENT - CITY EMPLOXEE Name Position Robert Nordahl 106� Hathaway Lane Fridley, Minn. Operations Analyst (Public Works Department) Effective Date October 2, 1972 Replaces New position Mayor Pro tem Breider asked if this position was anticipated in the Engineering Department reorganization. The City Engineer replied yes, this job replaces one that will not be filled this year. This person will be working toward eliminating the discolored water problem, , �J L � � � � REGULAR COUNCIL MEESING OF SEPTEMBER 25, 1972 PAGE 8 MOTION by Councilman Mittelstadt to approve the appointment of Robert Nordahl. Seconded by Coui;cilman Utter. Opon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. CLAIMS; MOTION by Councilman Mittelstadt to approve payment of General Claims {�29581 through #29753 and Liquor Claims #7004 through #7066. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. LICENSES. Multiple Dwellings Qwner address Units Fee Approved By John Mazzenga 3516 Skycroft Dr. N.E. Mpls., Minn. 4901 3rd St. N.E. 7 John E. Kassulker Rt. #2, Box 124 Onamia, Minn. 56359 653D 2nd St. N.E. 4 Leonard S. Jacobsen 1408 Frankson St. Paul, Minn. 55108 6379 Hwy. #65 4 Virginia T. Sacobsen 231 79th Way N.E. Fr•idley, Minn. 55432 231 79th Way N.E. 4 Ronald Shelton 8706 Grospoint Ave. So. Mpls., Minn. 140 Mississippi P1. 4 Duane Oftelie 4511 Gettysburg Ave. No. Mpls., Minn. 55428 6503 East River Rd. 5 A.C. Mattson 632Q Riverview Terrace N.E. Fridley, Minn. 55432 12D Mississippi N.E. 4 Harold A. Schmidt 5901 22 St. N.E. Fridley, Minn 55432 5901 2z St. N.E. 4 Albert M. Sohnson 6211 Riverview Terrace Fridley, Minn. 55432 157 Mississippi Pl. 4 $10.00 Fire Prev. 10.00 Fire Prev. 10.00 Fire Prev. 10.00 Fire Prev 10 00 Fire Prev lO.OD F�.re Prev. 10.00 Fire Prev. lO.OD Fire Prev. 10.00 Fire Prev. �, ,� � I, t;� REGULAR COUNCIL MEETING OF SEPTEMBER 25, 1972 LICENSES CONTINUED General Contractor Fireside Builders & Remodelers, Inc. 5020 Minnetonka Blvd. Minneapolis, Minn. 55416 By. Frank Daughenbaugh Harstod-Todd Construction 2525 Hardin Street N.E. Minneapolis, Minn. By: Keith Harstod Park Construction Company 51 37th Avenue N.E. Fridley, Minn. 55421 By: Gerald McDonald Swanson Construction 466 83rd Ave. N,E. Minneapolis, Minn. By: Dean Swanson Heating Joe Tatro Plumbing & Heating Box 515 Watertown, Minn. By: Joseph Tatro Food Establishment Cigarette Employee's ➢ispensing Public Drinking Place By Zapata Foods 5905 University Fridley By: Zapata Foods 5905 University Fridleq By; George's in Fridley Marilyn Bender Sane Nikolajenko Muriel Payne Dorothey Pickert Zondra I1aug Idella Hill Anthony & George Nicklow Norma Hughes Barb Roby Donald Montour Jr. Philip Phillips John Bendel Thomas Lund By: Frontier Club 7365 Central Ave. Fridley PAGE 9 Approved By Bldg. Insp. NEW Bldg. Insp. NEW B1dg. Insp. NEW Bldg. Insp. NEW Plbg. Insp. NEW Fee Health Insp. $13.00 Police Police Police �12.OD $ 5.00 each �120.00 ' ' � � 1 � REGULAR COONCIL MEETING OF SEPTEMBER 25, 1972 MOTION by Councilman Mittelstadt to approve the licenses as submrtted by Councilman Utter for discussion. PAGE 10 Seconded Councilman Utter said he would like to see the Public Safety Director's approval noted on al1 future licenses the Police Department investigates. THE VOTE UPON THE 190TIOSd, being a voice vote, all ayes, Mayor Pro tem ➢reider declared the motion carried. ESTIMATES: Patch Erickson Madson & Hanson� Inc. Archrtects and Planners 2801 Wayzata Soulevard P�nneapolis, Minnesota 55405 Fridley Liquor Store - September 19, 1972 Billing Weaver, Talle � Herrick 316 East Main Street Anoka, Minnesota 553D3 For Legal Servlces - Billing Dated September 14, 1972 Allied Blacktop Company 3601 48th Avenue North Minneapolis, Minnesota 55429 FINAL ESTIMATE �l for Street Improvement Pro�ect St. 1972-10 (Sealcoating) according to contract Austin P. Ke11er Construction Company 481 Front Avenue St. Paul, Minnesota FINAL ESTIMATE #3 for construction of Sanitary Sewer, Water & Storm Sewer Improvement Project 3;106 according to contract Comstock � Davis, Inc. Consulting Engineers 1446 County Road "J" P4inneapolis, Minnesota 55432 For the furnishing of resident inspection & resident supervision for the staking out of the fol.lowing constructlon work Partial Estimate �5 - Sanitary Sewer, Water & Storm Sewer Improvement Project #106 from Ju1y 31st through August 26,1972 Partial Estimate #3 - Water Improvement Project �108 from July 31st through August 26, 1972 $ 3,274.43 $ 4,21222 $ 6,377 74 $13,946 28 $ 388.61 $ 85.54 � __ v_ 9 'I+� REGULAR COUNCIL MEETING OF SEPTEMBER 25, 1972 ESTIMAT�S CONTINUED Partial Estimate #7 - Sanitary Sewer & Water Improvement Project #105-1 from July 31st through August 26, 1972 PAGE 11 $ 109,30 Partial Estimate �}8 - Sanitary Sewer, Storm Sewer & Water Improvement Pro7ect #102 from July 31st through August 26,'72 $ 5,103.89 MOTION by Councilman Utter to approve paymen't of the estimates as submitted. Seconded by Councilman Mittelstadt. Upon a voice vote, a11 ayes, Mayor Pro tem Breider declared the motion carried. COMMUNICATIONS FRANK G. COMMERS, ATTORNEY FOR JAMES LUND C�NSTRUCTION INC.. SETTLEMENT TERMS TN LAWSUIT: The City Attorney explained that suit was brought bq the James Lund Construction Co. against the City of Fridley involving the sale of some tax forfeit property. He said Anoka County has since joineci with Fridley in the suit. James Lund Construction Inc. purchased approximately 20 tax forfeit lots and the procedure as far as the sale of these lots by the County Auditor was defective in that the policy of Anoka County has been to have a minimal appraisal value on the lots, then require the purchaser to assume the unpaid assessments. This is contrary to the State Statutes. Mr. Commers has indicated they are willing to pay 2/3 of the assessments to the City oP Fridley as a compromise to trying the suit in court. He said he would recommend accepting thzs settlement, as if the suit is tried and lost, Fridley would receive nothing. Accepting the settlement would also save the court costs involved in trying the lawsuit. MOTION by Councilman Mittelstadt to receive the communication from Frank G. Commers dated September 6, 1972, concur with the City Attorney, and authorize him to settle the suit out of court on the basis outlined in the letter. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. MRS. SACQUELINE JOHNSON, RESIGNATION FROM FRIDLEY INDUSTRIAL DEVELOPMENT COMMISSION MOTION by Councilman Mittelstadt to receive the communication trom Mrs. Jacqueline Johnson dated September 21, 1972, accept her resignation, and request the Administration to prepare a Certificate of Appreciation. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. WINSTON JACOBSON SOGGESTED NAMES FDR ENVIRONMENTAL QUALITY COMMISSION: MOTION by Councilman Mittelstadt to receive the communication from Winston Jacobson dated September 24, 1972. Seconded by Councilman Utter. Councilman �7ittelstadt commented that he would recommend that the Council not move ahead with these names at this time until the Council receives additional names, enough to fill the roster. He said he would agree with the names submitted, but he would like the Council to take some additional time. u ' � � � � REGULAR COUNCIL MEETING OF SEPTEMBER 25, 1972 PAGE 12 THE VOTE UPON TH� MOTION, being a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. P.ECEIVING PETITION #17-1972 - REGISTERING A COP9PLAINT ON SPEEDISSG ON 7TH STREET MOTION by Councilman Utter to receive Petition �17-1972 Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Pro tem Breider declared the motion carried. ADJOURNMENT; MOTION by Councilman Mittelstadt to adjourn the Meeting Seconded by Councilman Utter. Opon a voice vote, all ayes, Mayor Pro tem Breider declared the Regular Council Meeting of September 25, 1972 ad�ourned at 8.20 P.M Respectfully submitted� ��j� 'r�-f Juel A. Mercer Secretary to the City Council 'Y 'o..�.l� �. .�e, Frank G. Liebl Mayor � ��