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03/04/1963 - 00023375� �� Respectiully submitLed: i ,,, �_ � � � � �.� �_ /'%c ti ��_� zti � � Sue Mzcko*aic Secretary to the Councll SPECIAT� COU]�iCIL MELTING - N�ARCH 4, 19�3 1i�45 a.r�. �,I�� � �� MAYOR - Wi iam J. Vee A special meeting of thc- City Councll of the City of Fridley was called to order by Mayor Nee. HOLL CALI,' P4embei� Preeent� Eroo1�, Johanson, PTee, Sheridan� Wolke Members Ahsent: None Nayor Nee anncunced tha� _, call had been made on P4arch 2nd by Councilman Sohanson, Sheridani �nr1 Bxook For a special meeting of 6he City Council. The i�otice he had receiced was pursuant to sectioi� 3.01 of the Cnarter of the Cltz� of Fridley. The purpose ior said meeLir.g being the iuxther consideration to the Unifarm Suburban Franchlse �or L-he Minneapolis Gas Company and voting thereon. Mayor nee announced members affected being present; those oeing his nersonal attor- ney, Kinhele}�Ilolmen, Mr. Pat Farnand and Mr. Charles Cowan� representatives ot the Nlinneapolis Comp�ny. Mayor Nee stated tihat, �s Chairman� he ob�ecL-ed to the �'as� call on cuch an important questio❑ �shen it had been scheduled £or the 13th oF March. It �+as explained the ca L had been delivered at hia home on Sunday at 3 P.�!, for a raeeting at ll:�i5 A.M, on Monday. PRayor Nee �tated lt struck him as a Y.ind of Farce on the question when the public had ao opportuiiity to appear in its re�ard. FIe thea stated the meetir.g �aas open for a motion. ROLL CALL� N,embers Presenl: IIrook, Johaneon, SS�eric�an, Glolke, Nee PRen�Lers AbsenL-• Norie Mottion by Sheridan i;o remove °rom the table the Fridley Ordinance for consider�tion and reading and adopt ll�is ns r,he second readting of the Minneapolis Gas Franchise, "�n ordi�ance granting to the P�[inneapolls Gas Compa�y, a corporation organized un- der the lawc oP the Stace oi Deleware� its successors ancl assigns permission Lo use the streets and public places in the Cit,y of Fridley tor the construction, malnten_ ance and oper�tioi�� oY � �yszam of mains� �lpelznes aad cther facilities ior the man- ufacture, distribut�on and sale of Pas sub�ect tio certain terme ard conditions a*_tid prescrlbing th� rates to be charged therefore and repealing all ordinances o£ parts oi' ordlnances iuconsistenti hereH�ith". Seconded by Sohanson. Mayor PTee asked for dtiscu�sion. He stated he had three ob�ectzone to the ir�nchise and they iaere (1) that it was the op�nion of some a�torneys that the Joint Power� Agseement that is envisaged as a part of this ordinance as it relute� to the public uti7ity fleld is probably no�; applicable between a Citiy and � Village. mhe Joint Powers Agreement is only between the Taunicipalities that have cornparable po*aers. The ordinance as lt is contemplated is defective as it relates to �he Joint PoF�ere Agreement, (2) thac after reading the Charter of the C�ty of Fridley it appeared there t�as ❑n llle�al dele;ation of Council powers. (At thls point section 10.04 of the Charter oF the City oi Fridley was quoted� It was explained that Ma,yor nTee felt zt�aL- the Char�er had given a clear m2ndate to tre Council oP Pridley tihat they sha11 ' � �1 i��� noz delegai;e powers� rates� etc. and retain th� righi and po�aer to enter ir 3nd dele- gate �t �o another body. Mayor PTee statied the proposed ordinaitice ie pred� ar,ed on vuch a power, He exp_la�ned a catlzens suit sever� the provisioi�s of the S,G,F�� as �t pertains to th�s contract. D4ayor Nee eug�ested that L-hose who proposeu th�s or- dinac�ce GYiould have read the Charter oi' tl�e Cti�y oi' Fridley. (3) Concerniiig the propriety of a cote of � councilmzn ��ho has received things oi value or favors fron� the Minneapol�s Gas Company not avail.able to �he ,�eaeral public. P�l��yor Nee quee- ��oned City At�orney I�ohlan i� he h�d an op�tiioa o.� the S'irst item eonce�°ning ti12e Joint Powers ancl Tr�hetiner or not this ��a� bindii,� betwee« I'ridley and othe� \7illagce. � Citi3% Atitorne,y kohlan stated tbe po��ers relative to e�ny Franchise are �t a11 6imes reserved to the City through �ts Council. It w�s expla�i�ed any Ordinai-ce thaL- ,s passed or resolutlon has to be coustrued �o be coneisLe�t w�th ihe provisione of the Charter a� to wrethel or not �he Jo�nt and CooperaLive .'lgreemec,t is appllcable be- tz�een cities aud villagee, Fe stated he could noti stat�, at tv�is tirnc-, but it ;�ould be asstamed thaL elnce the citlee and vlllages pxevlousl� acted undei t]2e PLatute �aith regards to �,he Suburban [ldministratlot� and llie�°e •,��e-rc no challen�es to tl�e pro- pr�et;r of eueh an agreement that that wou-d exccute .uci7 a Joi�ii, and Cooper�tive Agreement related tio Suburbal7 Rate Authc�rtity. ;Ie ea��luined �P iti �aae � qtite�t�o�i oI' lG��� �t viil no: ePfect iahetner or not i,he franchis� i, v�lid, the courts �,�ould dc- cide L-hat. Ma;�or A7ee raised �he questioi� of ��he�;her �he Mi�?�e�polis Gas Companir had sa�d tl.e �oint Fo�,ex•s Agreement �aou7d require such legiel��L�o� a.,<< c]Ld �zot pernut the for- mar,ion oF Suburba�l Gas Aatl2ox�t,y �nfl was tl�is �a�ci by �he l�li,lizeapolis Cas Comp�ny before the �Eoisla�ure. C1ty Aztorne� Iionl�n a�s�ered r,hat he didr'� reca�_1. !Sr, Farnand� a±,torney for �he Mlnneapol�s Gae Con�pont�, �aae given th� iloor ��nd s�ated tYr�t whee che negotiat�o�s ���ith the ,SuburLan Gas Ageucy r�ere completed i� 1Ju0, it w�s the viela primarily ot che at�orneps ror tLe Sul�urban G�s Agency tL�t there ougbt to bz an enabling ac� passed by tnz Legl�]ature 'Phe ettiora�ys fei the Minnc-a-�olie Gas Companya it zaas explalned, were no� o� L'n_o� obinion ��,d felc. the iraaclilse could be �dopted *a��h ouL- en�bling l�gi�liture. The ��i,�oi�ey fo-r the �SUbtxrben Cras Agency �a�d �t �abuld be more feas�ble lf an enabli�7g scti ,tere paased �nd tbe P✓I2tineapolis Gas Coinp�ny e�r°eed r�ith r.hera �nd i�ade � ii ��ppcara*�ce befc�re the � Leg�sla�lve cotnmiBtee reque�tln; l'_iet an �nabling r_eL be passed. It d�d not pise, �t�+ed P1r. Farnand. iie cr,plained l�rther discuasio�2s were had aath t�e a�totineye Fc�r t1-�e ��burban Gae llgenc� and �he re�ult ��as thot the 3tto-r.iey� for tl�e compam+ " subrn�tted to a11 the a�:torncys ?or a11 t�Le 2'( commu»>ries a memor�ndu^ cone�s���; ol eomc 36 ���ger in whtich tihey gave the viez,� thst, �,ith cai°i,�1a changee _n tihe i'r3��chi9e. �L cauld'oe aclopted o�ithont an en��blin� �et. N�i. T+'arnaud Further �toted that all �f tl�e attorne5�s� ae he understood iL. For the v3i�ous conn��u��tiesr iiri- a11,y a�eed �Yza� zt could be c��ne. In �dditlon, ��eti� mov2sion zrz� inaerL-ed anct provl�9ee Lhat a� the ead of three }rears e,ther party r�ay reauast a revieT� and �,et together, tn gcocl iaith, to atter�pL to zn2ke a7y ch���es that the operations of the francl2zse or chznge oC �,he 1�ti� might indic�rte would be essen�,i�l or ��ecessaYy. P4r. Fa,°nand stated as oC thiv da,�, ?_j communities in t:�e �ubuzb.�n are� had ilnally adoptied the 1'r�nclli�e vnon rer_ommeeda tion oi thetir L��ye-r5 a��d cnat se o= this day commui�lT_es in whicr� 73.34 oi' r.he toi.al custiomers r��idiag in the : uburbcn sre� had Flnally �assed it and pubiished it and �ne comp��n� had Stiled ,�� Fox�m�l �cceptance o� ?t �n those communitles so thzt under ��e tierms and provisions tihis cootr�cL �e no�� in ��'fect. He iurther stia�ed in othe� corrr�nwlittes the acceptance bac� not yel been F17ed by the com-pany becattse the public�t�on h�d noL %�ee�i cornpleted� �;hati Pridley anc3 3obb�nsdale �aeie tlle only tti�o th�t h�id rot Fiven actlon to th�s fr�iac�isa. -�Sr. Faru�nd said *»tL ret'erence to the ex�sLin� Pot�er !?c�,, he wished permission �o =read to the Council zhe provisioii of the Statute =,�nich autl=orizee communitie; to acL �ozi�tly or cooperatively. ih�s ti,�as Firet ii2itiated in 1932 ai1�� l,he aci �as amen��ed in 1g67. i'4r. Farnand Further szaied that � d�_atinc�ion must be made betu�een tihe exerclse oC � i,he Council aad othcrs of iahai. is leglGl2tive c�p.lc�ty 3nd proprietary capacity, ilhcn this cou��cil adapts the francnise, i� ,�as ex�l�ined, it becomes �, partiy to _� coi�tract. The ronbract �s not val.z�l ualess it �e �ccepted by t}ie otiher p,arty. it l� available to otlier governmental un�ts. PTo one iuesLioned tt.�t nor has the a�- corney i'or the Suburban Gas Agency ques �loned ti�is; NIr. Farn�, id er,atea. Fl� �h ce- ?erencea he furthcr explai��ed, Z,o the assertioi� ch�1 there is e�n ille�al deleg���eu of Charter Po�,ers, that is adopcin,� tih2� conzr2cl., ihe Council exercises rat� mali- in� po;,�ere throu�h the contr�ct. P�r. F�r�7�nd stated the Courc�l fixes the rete oF retur� in th7s conti-ract an� �he Council �"i:ses the raethod ann marner of arrlvir� �i, the rate base. He stated the Council fixes aid name� �he v�r�ous ite��G or eapensc;� �nd cos�;s that �ne Company is entiel°d to deduct to arr�ve at ite cet. It �mas ex- �_ � � plaii2ed t12e Councl] ls delega;ing �n adminisi;rative capacity to tihe Suburban Rate �ngineer and saye that; tiaitihin standards, the Council wante to �ee to it that i,he other �arty lives up to it. It uias expl��ined that ie not a delegation oP poirers. P�ir, P'arnand staied that wiLh reference to Ma,VOr Nee`� third point in which Council- man G?olke �s in the Y�usine�s of building homes iaith gas appliances. Ee stated there ie i-o agreement wlth Mr. Wolke that he must bur7d homes �a�th gas appliances and he uses hiG o�,1n �udgmci;t in that regard. It was stated Mr. Wolke iv f-ree, as of today� to build a home wlth all electric equlpment and is not beho]den to i;he Minneapolis Gas Company and the Minneapolis Gas Company iN not beholden to him, Mr, Parnand szatc-d this company haa a program of ofi'er�ng advertising o�, a pro�r�ni. The qualiflc3l,ions are required and are a11 alike. It v�as explained there are 550 � building contractors in the i�inneaaolis Metropolitan Area and thzs is free to all of them, t`ill oi �hese con�ractors do not participate in the p-rogram. In 1962 Mr. Farnanc] sr,ated, their rc-cords shota that sonie 23 home builders were the reclpients of some adverti�ing, all �ahom *.�ere treated al�ke and qualified under the Minneapolis Gas Company Program. He etated this particular group of the public bulldiag con- tractors are ofPered ❑othing different zhau is offered to all of them allke. Mayor IQee raised the questioi� at to whether Mr. Farnand was Familiar with the full page ad that was run in behali oF Melocly Manor and wav thst oifered to all buiiders. I�4x�. Farnand said it �aas offered �o tihose builders ��ho qualified, that each man re- ceived exactly the same space and it was all included in one ad, Mayor DTee raised the niaeshion if the N?tnr,eapolls Gas Company had not run an ad L-o se11 l�omes for Mr. 'vloll:e? Mr, Parnand ans�,�ered that they had under the s�me car- cumstances, that ii, was their view that there had been no violation wtth regard l,o Mr, i��ollie znd flarther direcied :Ltentio❑ to the facti that if Mr. Wolke v�ol2ted hzr�self he wcu]d be removed f'rom the Council. P2r. Ki�gsley IIolmen .�as glz�en floor and stated he had been a�ked by Mayor PTee to spz�lc becavse 'r,e had had some interesL in this matter before, He stated i.hat some oz the things he woL�ld say o;ere verUatim �alth siatements from the Dlinneapolis Gas Alliance and Minneapolis Gas Company. He explained that lt had been sta�ed �hat Potiaers to both ma} be usecl �o�nzly. 2here is no nuestion abouz i,hle, he aaid. Some municip�liL-ies hasre a Charter aad eome hazTe no Charter at a11. Prir. Holmen stiated � tnaL in e�ch Charter there are some diFPerencc-s. A gae franchise such as this con- templ�tes a Mii�rleapolis Gas All�ance where it i_s transferred to eome other group� in efiect, taking ataay tLe po-aeree of certaln people. To point this ot�t� in l901 a bill ��as in{roduced in the HouGe and Seiate in sahich the StaLute wae co be coutern- plated tha1, oiould give all tltese zhe power to regulate the ,7oint ac�ioi�. Thls Bill �aas r,nere, also rep-resencative o� tihe A4inneapoli� Gas Compan�r. Some cities hcve chatter anrl i� '�rovldes for �ifierei�t poo�ere and same v111�g�s do not �nd so� i�� order to make ahis le�;al; this bill �ae needed. it was� hoc.ezrer� postponed pendr�g the outec�iie oP the Par-rish Langley �i11. P+Ir. Holmen then explained what tille Charter oi' the City of Fridley providee. n g�� allzance, he statied� �s providecl by this con- cr�acti. There ie �n irtexmed�um fozce. lf Council does believe th�t, he stated, bV L-he adoptio� oC thi� eontraet this 2� talcen into cor�s�deratlon you sh�uld lool�. ini;o the i'ranchise � 1i1.�1e closer. mhe formul� nr�s A�ven �he fs�nchise a defirite answer. The regulation becomes rrostl5� � method of addin�, subt.racting and dividing. So, Nir. Holmen e�-plaine�3, 1_ Lhe splsit o_° �our ChaiLer is Pollcwed, the sFtta.ng of rate� ie ro be don� by the Cowzc�l dzrect,ly. This �s wh}� � statute is required 'co inal;e this p2r°ectly le�al� he sLated. Nlayoi Piee et�tecl he T�as not certain oF the legality bu� thaL- he was sure it wou]d be tes'ced in Fridley and �f it were {;ested �nd found that the Council cannoz dele- ��{:e zts po*aere to negot.i,= �e r3 �es to another body� then what �,oulc� the efiect be oi� the PtaneLisey it *.��a� �sl�ed� and ,.,oulu the ability of Px�idl°y to use the sc-r�rlces of �he S.G.A. be sever�ci ^rd was tlaat correct� N7r, Parnand, attorney Poi i,he M�nnea=polis Gas Comp�nyy stated that �i' a court were � Lo hold that �his caty would not hzve the right to en'ier Into Lhis 1'ranchlse� the r.onclusion w��uld he logical °nd �he r"ormul� �aoL�lci not be ��7 ei'rect; i;hat thls �� a contract �nd iF it is cLan>ed by the Court, then the o�Lier contrac�:in� party t�o�:ld have the right to re�ec� r,he contract as s� wholc: or accept it �aith the changes �nade. A4r. �aru�nd further staL-ed that �hen lt is mentioned to dele�ate� you negotiate power. He asked the Councll to assume that Frldle;/ and thc I�inr�e�poliG Gas Comp2ny were engag�d in a long d�scuas�on and houi*aoulcl tiLey �o abou� diseuvslag 'Pne quGs- tic�. was raisel b� �?r, Parnand -whether or noti T,he Counc�l would sit Por hours to �o over the iat,e �c�ki��g, etc, or would they nire an expert end� he in turn� =vovld do the �egoti�aLir.g. Thie, he expl=ainecl, u�ould be ahat the Counc�l F�ould h�ve to do. Then afces the ex_pert came back to the Co�zncil, they woulcl look o.�er the re�u]zs and, Mr. FarnUnd expla�ned, th�� is ex�ctly aha� has occurred y�ith the Uniforrr, GaG Frai�chise. ��J P�ayor T�iee referred to sect�_ons of the Chartier ��d hoia they conFllczerl. He etated i,ne only ou� stion at th Ls point vas �hat the P�Zim�es�nolis Gas Compaay had noi; ��ppl �ed ior a higher rate. Mr. F2rnand ansTaered that the raLe eYper� hired l� ti,he City of Fridiey h�d set thal, rate. FIe explained this r3tc, Ciled L-y the compa�y, is one iahlch must be in conl'ormity ��Lth {;he staadards that the Citi�� of Fricl]ey is vaoptin� �1� �:his franehlse� and i� in conformance i�rth the stat=darde set fortih in this concY�ci. :��a��or �Iee s�ated Lhat he felt ic ls possi'ole �ha� _, broad �_nterpretatlon or i,he Charter could be consziued in tkiis m�iar�er. The Charte� �� ;uite speciPic, he stated, � „7 this insLance and if you �oose to delegate �he po;aer to �nother bod-y oi� ihich the Counc�l has one vote ou � C a»d not a clirect]y controlled vo�e, i�ayor rdee Gtated 1ie felt iti �aould be in violatiion oP �ectzon 10.05 a��d tihe qtizes:,ion, he thotiigh�, �aould be tested. Mr. Farna�d s�;a�ed the Charter oi nr�dley ��h�ch t�ayor ldee ;�3d read thc provision f�om, �zs a provision ldentical to that contained in the Charter of tne City of St. L�uis Parlc and thcir ati;orney had recommended �_L-s adoption. ;�layor Nee statied t;hat on i�he ouestion of Item 3, he a�;reed �aitih Lhe ati;orne}� �or tLe Minneapolis Gas C�mpany� that he didn'ti think �he .,dverti�sing dor,° for Mr. 'vdolke was done in order Lo intluence hls vote on this p�rticul�r que�tion. I�iayoi �iec �t�L-ed he dldn'z questlon the relat�o+,ship bett�een tihe yiinneapoli�s Ga� Comp�ny ar.d Council- man 1ro11ce bul, the coune�lmatiti did receizre t12e beneSit oi iree aclvertis2ng and it did seem that tY!is migh� prejudice the vote. Mayoi Diee turthe?° stated ch,;� Le had re- quested �he tabling of the quese on on lasti Thured��� in ordei to give the Ciiy P.t- torney thr_ Time to appr�ise himself aud �valu�te the aues±.ion arid request�d Citiy �lttorney Kohlan to �ive axi opinio i at tihis time. Clty Atzorney kohlan st�ted that when f,his ina l;cer �aUs tabled it *aas indic� ��d �t would be tabled to some fut,ure date, that he had not madc- � search of the records but baeed upon � prelim�nary review� he c�as of tihe opinion th�� i,he provzsior. of' cl�e Charter anplies to treatin�ent oF the class o� peoole i,� s�hich the Charter rnay Ue found. The wording of the Charter� he stated, is that the Lreatu�eiit _iccorded one �ndividual is or shall no� be diiferent from al1 other individuaLs oi' the same class. I� does � not preventi zhe individual irom vot�n� on the me:sure. ?�Rr. Kohla.� �nnounced t:iati he might reverse hZmself or clarity this at � l��l.er date out eo long as the treaL- mer_t �c no d�fferent frw� all other peaple zn h�s class or catiegor,y, ti}�ere is no part��lity I;here. Mayor Tdee ,sta �ed he had haci sorne contac-e with the office oi' the 1�ttorney General on tnis suUject �nd lf the vote had not been pre�sed i'or �hie c1a�, it wouls noi have come to a crisis, Sdayor Nee said there was enough q_ueetto❑ eo that zne Court action cauld have 7�een initiated and an in�ur.etion to s�:op the voLe, lhe Cour1 Action ehould not Ue underLaLer_ because oi the �aay it would pre�url�ce oiher thu7gs. Tdayor Nee iurther stated he oid not wai,t tio press for someth�ng euch as this unnecessarzl}�, that lc shal;es tihe confideiice of zhe people a�d ie u�idesirable �rom that poin� of view. He etated the office oS the Attorne� General d�d not have specific opiuion� thls d�,y on a topic such as this and tliat the opinione tiLat e.;isc t�eier to a general con°lict of �nteresti. Mayo.• A'ee acknowled�ed the�°e wae no such ihing zi, �hls case buL that �he people chat ha3 framed the Charter ln the Ci'r,,y of Fridley t,aent ouT, oF their way to include �?i elemei2t i;l�a{; is rot ln moet ;enexal ch��rters. iAayor liee staced that wi�h reFaxd to public utilities, thzt the councilman involved snall not accept any favor th�n those graated to the public generall=�. He aas e.ertain �he Attorney General �aould sa,y therc is not but �F _i �aeie tesl,ed with re�ard to �,�e CY�ar�,er that tne Counezl condocr itseli in a certGin way, ]ae ielt th�s would become auite a diiferent questilon. A4ayor Tdee annouaced that under the ru]es it wae the duLy oi the Chairman to en1'orce the Chartier o� the Ci�y of �'ridley. Such a ruling, it was expl�lned, can be ov�r- � turned b3� three votes of t�e Council. Diayor T+Tee �-tated it was hi� opii�ion tiha� Counc�la�an T�ollie ehould not vote on tihis qu�stion ai�d t2izt he d?d noi, lntend i,o press �his matter any further, that ii any member o? LYie Council tai°hed to overtur�� Lhat rulang, he woulcl entertain a mo�ion. Gi�y �,t+orne}� �ohlan explained� at thls poant� zhat this was a subsid�ary mQtloi� Co the �i_rst motion. Mayor DTee e�ated a chairmen hae the ob]igation of enPorcing the etrery �ct ci the Charter, The Council hae the s•��nti; he soldT to x�everee thie de- cislo*� by tihree votes. I°Iotlon by Sheridai2 �o overrule zhe decision oi the chair and allow ar.d direc'� cu rhe questio�i, Councilman idoll;e �o vote on thc- previous rrotion. Seconded b}� Broo1.. Those vot?ig aye, Srooli, Johans�n, Sheridau. Opposed; I�ee, Wolkc� GbstainEd. P4otion is carr�ed� so oide-red. �_76 P�fayo?-1�7e� asked zf Counezl mz�h' postpone thzs to the 18ih oi March, thei aanouneed t�ie quest�oi2 �r�s on the adopzzen of tihe Uniform Gas FranchlsE, On tihe questicn those vo�ing ��ye, Bxoolc, �oha�son, Sheridan, 4lolke. Opposed� Nee. MoCion carried. RESOI,UTIOli �29 PLOPTING COOYE'R1tTiVE ACREL'ML'iVT: Motion by Fherida,� to adopt Re�olut�o� �29 authorizang Joint and Cooperz�ive Agree- ment relatin� to the establiehiaei�t oi' Suburban Rate Authority, Seconded by Johanson. ' The City Nianager suggested that bePoie the Council acts on the resolution tnat; pex•- haps, they aould want to appoint their flrst member. The motlon was withdr�nrn. D4ot�on vy Johauson to adopi, Rc�olution �129 �utnorizing Jolnt and CoopErative �lgree- mEnt rEla�ing to the establiGhment oP SuourU�n Rate Authority �nd insert�_ng Coun- cilman Ravmond Sherid�n's name as member. Seconded by Broolc. On the question, tihoet vo�in� zve, Brook, Johaoeon, Shex•iclaa, Wol�we. Oppased� Nee. The City Mane- ger read the above n�m�d resolution adopting cooper�tivc agreement. Motion earried� Mr. I'arnand su�;peat2d re�d�a� the £ranchise or �;he title and the ldhereas`s and s�aced that w�otiil.d be considered trie f'ull �eadii�g. Pdayor D�ee xelii�quiehed Pavel 'co actin� R4ayo'r Johanson. P✓otion ry iiee tLat Lhe ord�nance adopting the Mi�?neapolie GGs Franchise be rnad in- clucling tihe Title and the iJherea�'s docm to and including "1�TOLd TPFREPORES TI� ClTy dP I'P,ID�Y DOEfi OADAIA'°� ea}�ercaG �he councllmen have rzad the b�lance oi che ordi- nance it bc dewmed to have had it 2nr'� reading le Pull. Seconded by `Jheridan. Upot� � voice vo�e, Lhere being no ��ays� �he motion carried unanimously. Acting Ma��or Jol�anson returned the gavel to Mayor Nee. Mot�or by �Sheridan to adopt a��d publish thi� read�ng as the eecond read2ng of the �Jrclieia�ce AdopL�ng the Gas Franchi�e entitled "An ordinance gract;ng to rhe I4innea- polis Gas Compan�, z corpor�tion organized under the la*as at' the State oi Dela*aare, , its eucceesor,� �ii�d asGignG pern�icsion to use the streets an� public places in the City of Fridley Por the conscruction� ma�.ntie�ance and operat�_on of a system of malns, pipelinee anrl othe�° facilities i'or the manuSacture� d2str9bution and sale of ga: sub�ect tc certaia terms and condztio»s and prescx•ik,i-�g the rates Lo be charged therefore ar.cl repealii�g all ordina�ces oC parts of ordinances inconsistent herewith". Seconded by Johansoi�. Upon a voice vote� those votir_� aye� Brook� <Tohanson� Sherl- dan, Glolke. �ppo�ed, Nee. Diotion carried. T�ayor Nee stazed that ir there v�as no other businees he w�shed Cou�lezl L-o kiiow that he v:ould be h��ppy �o conslder a xeeignat�on From the N. S. �. S. TJ, zf t,he Counczl ��ished� that he h-�d sensed Irom the minutes oi the prev�ons meEting some quest�ons in the mlt�ds o_ the coLmcilmen. Moi,�on by Sheridan tihat th�s speczal meetin�; of biarch �+th be ud�ournect, RespectSully submil;ted• �C 1 -��--�-- ,�,.���,.�2.�: _ �.� � .� �l�G� S�i:e �iskowtr_ Mayor - W� m J. Nee Secretar}> to tihc- Council (, '