02/28/1963 - 00023381���
S°ECIAL COUNCZL MEETIPiG - 1^"�;BRUFRY 2b, 196j
A Gpecial raeet�n� oC thz Clty Council of tl�e City o° Fridley was celled to order
by Mayor P7ee at 7'�15 P.PI�.
ROI,L C�LL:
D4em'oere Present� T3rook, Johanson, Nee and Wolke
NIembers Abeent- Sheridan
OLD BUSIPTESS •
b4otion by dohanson that special meetiing be continued to Saturday� March 2nd a�
1 P.MW Seconded by Flolke. Upon a�roice vote, there being no nays, the motiioi�
carried unanimou,sly.
Mayor n�ee dcclared the mecting adjourned.
The Special Councll P�ieei;iri� of Febru�ry 28, 1963 was reopened by Mayor PTee at
0:10 P.P+I.
ROLL CALL�
Members Presenti: Brooli, Joh2nson, ATee� Sheridan and [dolke
Members Absen l,: Prone
Motion by Wolke to cancel the special meeting to be held on 6aturday, Dlarch 2nd
�t 1 P.M. Secoi�ded by Sherldzn. Upon a voice votie� there being i�o nays� the :no-
t?on carried unanin�ousl,y.
SECOR�D REA➢ING OF ORDISSAIJCE ADOPTIDiG GAS FRANCHISP_
blr. C12arles Cowan �aae present as represent�tive for the Minneapolls Gas Company.
P�a,yor 1lTee requestied the £loor and stated there were two general areae that he was
lnterested in and had voiced his ob,7ec�ions to; th� area of expansion ?n Fridley
and how far Pridley was served ai.d t�;hat 4�ould this mean in terms ol expansion and
load build�nR inFormatiioi�. Mr. Coi„an stated the Minneapolis Gas Company oras at-
tempting tio follo�a through after the tia�.er and sewer had been put into arly given
area and puttiing in gae before the blacktopping in street was down� that his com-
pany had �lwa�s tried to be very cooperati�re, Mayor Nee stated 'ne was not attempt-
in�; tio be hostile Uut u�anted tihis lnform�tiion, also, or, promotional costs, would
each zndividua] user be charged. Mr. Cowan told the City Councal thrs would hold
t,rue no ma�cer y�hzt type of regulation the City hacl. He also s�id that when �aeather
��as zero �,he.� put propane into the Lne and it builds up BTU content. They put lt
in so that. tl,ej> ��on't have to contract Por rnore gas. The Council was Znformed
�his aould be true in Frlclley u�it;i schools, hospital, industrlal pl�a�its, etic. `Phe
Nl.�neapolis Gae Company p�5�s a m�nimum fi��ire for havin� a ce:ta�n capacity avail-
able and other for gas used.
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D4ayor l�ee sais i� puzzled him how this gets back Lo the consUmer. fIow ls Ci�}>
commerc�_ol cost chargc-d bac}: �o the consur�er? Councilman Sherldan etated zt -aas
part oi' the rate forrnula, P4ayor l�ee ralsed the qnestion of was it true that the
Ni��ne2polis G2s Company sold appliances other than iurnaces at cost, Mr. Cowan
etated Lhat� to his kno�aleQge� it �aas not true, Councilman Wolke stated he had
chec]t_ed Figurev und the price Le paid histrtibutor ��as the same that the Nlinnea- '
polis Gas Comaany charge�l f�r• app7_iai�ces, TLe quest�oi� Ui�� raised regardia� the
p,-lca of g��e li�Lzs ind Co�anc�lm�n Llolke s�aF,ed he was not aware oP that particular
price. 'Che ouestion za�e iaie�cl by N:ayor Nee oF the price of �ds rtim for some
ouilders in diCYerent areas +rid who p�id foi tne ads. Mr. Cowaa said th�t Mayor
Plee wa� poss�Uly thinkzng abouz c�npaig� ade and hc thought zhere ��as a spl�t of
r.he cost i�� thai;. Councilmau 'n�ollie star,ed the P4inneaaolis Gac Compan3� paid a
percentUge tf you use a bl�ze Gtar i;i your acl anc� the same thzng could be d�ne i�ith
�n al1 eleei;r�c home regardtng advertizs�_ng, lt is standard pallcy with the 2+?irn-
eapolis Gas Company, it ��as =taLed, thal; ll a-� �11 gas horae zs advertised� ��e
1�[inr_eapolie Gas Compaaq p3ys 25�� of the advertlsting.
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Councilman Hrook stiated he felt the D4inneapol�� ;ae �om��.an�� is givin; very good
servic� ancl he uas �n favor o� how tne custon:er is ser�ied. Couacilm�n iiol�.e ?°e-
�ninded thr Co�incil th� SGA Board had stiudied f,h�� _'ranchise for �, _long tirae �nd
th�se mem�ers hsd put � great �mount of c�orli �n�o ��, �Iayor Piee st�ted he was
in s�reement ;�iLh �hls and could support the contr�c� ,ith �usz one rnon2Picat�on�
tha�, the nIinnea�oliv Gas Companv pay the gaG cons�ime= foi i,he protectiion Yie gets,
that court coctiG be pald bv non-corsu�ner. Cow�c�lman Shz�°ida� etated Uy „ay of
eXpLariation th,t on promotional a]1oo�ai�ce, it is stanuard ps�ocedure with rnze
authorities i,hroughou� a number oF .,tate� i,h i � �n� s p3rticul�-r facl,or �c, t�a�°t of
the rate i'ormula. Mayor Pdee s��� he iaould be ;aillia� to tra°; Lhe SGA to �;o to
Lcurt on an� ot tihese polni;s and iF i�he struc:ur� of �aho pay� the coutt cosr=
could be enanged and its execu�ion he wouldn't be a�ai�st �L-, M�yor liee �tated
he eould �ee ❑o re�son �ohy tihis couldn't be done, tnat he realized �his would be
Ceasible buti wonld itke to put i� on record �or i,he Council. Maz�or �iee sugPesl,ed
�he Cii;�• Council deay che gas tranchise and ii lt is seen that tit furct�oas pro-
perly� then Priclley could �oin it at � later �x�Le, 1�hat �t wae no+ � queetion ol
,12ether or not 1� would suiviva. Cou�zcilman �dolke eaid the Cizy oi Fridley ;��s
one or til,e ori�inals o,z this i'ranchise, and back�nE ou-� anr'a lei.tin�; Gorrebody elee
carry tl�e load �,�oulclra't be i�,r, Cour�cilman Sl�eri�:a�z sL�ted tha� M�}�or 1�ec'e
poat-�i; couid be pu� to the rate authorli�y so they cou7n 4iork o� it; 1>u� i; �oialdn't
change the r2te formula.
Cii,y Attorney Kohlan stated that probably one o£ the th�n�*e tihat ought to Ue done
as far ae the xate author�ty was coi�cerned -was t;tiaL they ought to iry �i�d p�g tY,e
percentage of �ros= er.penditures and sales promotional espenses ,�ot to exceed a
certai� percentage. Mr. Co*aan o1' the PRinneapollc Gas Comp?ny replied 1�h�t the
ra�e authority could be poesiblg iooked at in ih� rutiure, that there are 2j con-
rauulties that have passed thtis o�dln�nce at the presei�i, time ond only Fr2dley
and Ro6binsdalc rem�ain. Na}�or Nee ralsed the question of w7tiat �,�as wron� ��ith
turning �ti do�an� and suggeszed to Councilman b7ollee t]iat he abszain Prom votin�
on this isstie becaus� he �.iad ace°pted i'ree advertising. Cou�e27man Urolke replied
th�t he �7ould i�ait to see hou the vot�ng w�nt firc t,, tl_� c he had ne�rer h�d a�1y
free advertisln�� �nd had part�clpated only as a Unilder with�n thc- metiopoliran
�rea who dealc �rith the P4�zlneapolls Gas Company must have �ene['i�ed i� some way
tihrou�h advertlsii7�. P�a,yor �iee ,^,tated there was a provis�on in tihe Charter �120�+
and ha had discusszd same ;7ith the oCf�ce of the 4ttiorney General. Councilmar_�
'�7o11ce etated 'ne would vote and let the A �torney Gene�°al iule on it. N12yos \�ee
replied that iti i�as true� that conce�sions were not made to Councilman �nollie as
a councllraan, that he entered into an advertisin� cannaipn �s a niernber of 1�,ou�.
Motion by Johanson L-o accept ae second readirg, adopt and }�ubllah the i�iii�i7eapolle
Gas Frarchise enti�led "An ordinance �r�nt�ng to tlie �iinneapolic Ga� Company, �
corporatlon orgar_lzed under the laws of the S�;a�e of Delau�are, it� �uccessors and
assigns permission to use the streets ancl publlc r�l�ces in i,hc CiLS• oP Pr�dley
i'or 1;he constructioci, maincenance and operation o�`�� sys�em oi mains; p�pe1_lnes�
and other �ac�litiles ior tl�e manuzacture, distribution ai�d eale of gas sub�ect to
certain terms and cond�tions ❑nd prescribing clte ratzs to oe char�ed therefore aiid
repeal:ng all ordin�nces or p�'rts of ordinances inconsisteni herewith". Seconded
by Sher�dan.
City Attoz•ney Ko1�1�n stated he did not wish to g��re eii opinion this eve�,ing.
Mayor Nee �tiatied this would be something for a court to detcrmine, tiha� therz was
� real questa.on about thle and tihe charter *aaG qw tc clear. Counc� lman UIoL'ce
stiated that he no more 1�enei'�z;ect tli�n anyo�e by tisln� N`inneapolis Gas and their
i�cil:ties, He did concede cha� his name was li�ted ln the newsp�per, th�t ii'
Ci�;y Attorae5� Yohlan would �;ive �n opinion, he ao�_ild voie or abstoin depending on
the opiniou.
l�ir. Cow�n s,ated he wished to at le�st have thc privilege oP havinF his �ttor�c��
present if Councilman Wolke ti�ere �ZOt allowed i.o vote, Mayox Pdee suggested a ino-
�,aon to t�ble untll tne next regular meetiing to �=ive the Couucil an opportunit�°
to reco,ieider a�d decide.
bio��or, by Wolke to table unt7.l March 18 the above pioposed o-rdin�.uce, Seconded bv
Sherldan. lipou a voice vote, there l�eing no n,ys� tihe motion carried uno imousl5�.
Motion b,y Johanson to approve pa�meut tio C�ty 1lttiar-�ey Kohlan the �mount of �6225.00
for legal services rendzred. Seconded by Sherida�. mhose votii�g a9e� Brook, Jo-
hanson� PIee, Sheridan. Abstalning� Y7oLe. Motlon carried,
Councilman Johan,son authorized the Citj Attiorney to check 1,he legal� ty of blayor
Nee beiri; reimbureed for more than one salary by zhe CiLy oi' Fridleu�, Lne second
salary Ueing the �25.00 per meeting retiaired as membe-� of Lhe NSS�D, th intent being
t t the City Attorney check wlth the Attorney Generals Ofi'ice and g''ive ethe Council
ah�d�l.caration as to the legallty of serving on the N.S.S,S.D. Board and acceptiLg money.
Notion by Sheridan, secon3ed by Sohanson to ad�ourn special rieetin�. Notion
carraed unanir,ously�
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RespectPully submitted:
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,�'G�� �.. / ;%L C 4_ _.a� , �.t c�
�112 M1:�i<04�1C
^ecretary to i,he Council
SPECIEIL GOUTdCIL P�E'PIPSG - 1�`,�?RCH 4y 1963 11•45 A.Pfl.
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hAYOF - Wi iam J. P?ee
,4 speci�l meeting oi' the City Council of the City of Pritiley wae callecl to order Fa,y
Mayor Nee.
ROLL CALL:
9Rembere Preeent: Drook, dohanson, Nee� 6heridar, 6�o1?se
Mcmbers Abec-i7t: Nooe
?+�ayor Nee announced that a call had been macle on March 2nd by Councilman Johanson,
Sheridanj and Brook tor a special meeting of the City Council. The nolice he had
receatrtd was pursuant to sectioa 3.01 oF the Chai^ter of the C�ty of Fridley. The
purpose for sa�d meeting being the further cons�deration tio the UniPorm Suburban
sranchisc- For t:�e D�lnne�poltis Gac Company and �aoting thereon.
Mayor l�Tee ^;�nounced members aPfected L-ein� present; thoee bein� nis per,on,l attor-
ney, Kiz��Gle}� Fiolrnen, Mr. Pati Farnai2d and Mr. Charles Coi�an� representztzves ol
tii;e Ninneapolis Compr_ry. P4ayor Nee stated that, as chalrmany he op�ected to the
iaet call on such an impurtr+nt queetiotz ahen zt had been scheduled for the 18th oP
M�arch. It taae explalned the call had been dclivered ❑t his home on S�nday at 3 P.M.
for d meet�ng at ll:�i5 A.M, on Monday. P�ayor ]Vee stated lt struck hirn as a kind
oP farce oi2 the questlon tiahen the public had no opportunzty to appear ln its regard.
F1e I;hen =ts�ed the meeti-�� Taas �per for a motion.
ROL1 CAL7:
Mem'�ers Present BrooY,y Johanson, Sl�erid�n, Wollie, Nee
NemLers Abeeut• Plone
&Iotion bV Sherid:�n io remotre frcm the table zhe Pridley Ordlnance i'or conszderet�on
and reading anrl adopt this ae the second reading of the Minneapolis Gas Franchise,
"An ordinance granting tq the Minneapolis Gas Compan,y� a corporatio,� organized un-
der the lat�s oF the State oF Ueleware� �ts Guccessors and assigns permisaion to use
the stree�.s and public places in the Ctty of Frldley for the constructiona ma�nten-
ence and oper�tion of a systtm oF inains, p�pellnes and oL-hex facilities for the man!-
uSactiure� d��tirz�ution and sale of �as sub�ect to cert3in terms and conditione and
pre�cribzn�, tre ra+es to be chargc-d therefore and repealing all orclinances of parts
eP ordinanceG iuconsistent herewith". Seconded by Joh�nson.
Mayor Nee asked ior discussioxi. He sL-atc-d he had tihree ob,7ecti�ons to the franchise
and they were (1) that iz wa� the opinion of some at'torneys that the Joint Powers
Agreer�ent that is envisaged as a part or this ordlnance as i-c relates to the public
Liti]_itiy f'ield ie probably no� ,pplicable beL-�aeen a City and ��Tillage. m71e Joint
Power= '�g-reemc-nt zs only beto�een the municipalit�ee that have cor�parab'le powers.
The ordinance as �t �s contemplatcd is defective as lt relates to tne Joint Po��ers
Agreement, (2) th�t aftea� readiiig the Charter of the Clty of Fridley lti appeared
thzre �aas an illep�l dele�ation of Council powers. (At tl2ie point seetion 10.04 of
the Charter oF the City oi r'rzdley was quated} Iti was explained that Piayor Nee 7elt
zhzt the Charrer had Eiver� 2 clear mandate to the Counczl or F'rldley that they shall
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