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HomeMy WebLinkAbout1947/12/22 - ADMIN - Minutes - City Council - Regular - December 22, 1947 125 Resolution, Continued: RESOLUTION CANCELING GARBAGE COTJ.ECTION ASSESSMENTS RESOLVED by the Village Council of the Village of St. Louis Park that the following assessments levied pursuant to resolution adopted September 16, 1946, • - be hereby canceled, for the reason that said lands were used either for business or were vacant lands and were not served by the garbage collection service of the Village, and the President and Clerk are hereby authorized to refund the amount paid on receipt of a verified claim signed by the taxpayer. Russell F. Gustke, 2801 Xenwood Avenue The S 65' of the N 95' of that part of WW of Lot 6 lying W of the E 162.4' thereof except Street, $9.21 J. W. Copeland, 3575 Wooddale Avenue Lot 5, Block 30, Rearrangement of (Northern Water Treating Co.) of St. Louis Park, $7.90 Mrs. George Yound, 3108 Edgewood Lot 3, Block 15, Lenox Addition - $7.90 Manson Company, 3200 Blk. Louisiana Ave. Lots 21, 24, Rearrangement of St. Louis Park, $31.60 Ralph Green, 2817 Xenwood Avenue N 61' of S 451' of that part of W2 of Lot 6 lying W of the E 162.4' thereof except Street - Section .9, Twp. 117, Range 24, $9.22 • John P. Slonski, 1334 Wash. St. NE, Mpls. Lot 29, Block 14, The Bronx, $7.90 - Clarence A. Dirksen, 2821 Xenwood Avenue N 61' of S 390' of that part of the WW of Lot 6 lying W of E 162.4' thereof except Street - Robinson & Gregory Subdivision, $9.22 Maud M. A. Ziemer, 2856 Ottawa Avenue Lot 17, South 66', Auditor's Sub- division #318, . $7.90 Land Purchased for Park Property On motion of.Trustee Jorvig, seconded by Trustee Perkins, the offer of Margaret S. Roberts of $500.00 for sale of Lot 6, Block 2, Tingdale's Replat �( in Browndale Park, was accepted for park purposes, by unanimous vote of the Council. Water Main Damages On motion of Trustee Bolmugren, seconded by Trustee Perkins, the following claims for water main damages against Al Johnson Construction Company were received, and the President and Clerk were authorized to execute releases to the American Mutual Liability Insurance Company, by unanimous vote of the Council: ACC 4-2-47 40th Street at Salem Avenue , ACC 4-5-47 39th Street and Lynn Avenue ACC 5-8-47 Cambridge Street_and Wooddale Avenue ACC 5-22-47 Wooddale Avenue and West 36th Street ACC 6-1-47 40th Street and Wooddale Avenue (Recinded 1-12-48) ACC 6-2-47 Quentin Avenue and West 40th Street The Village Attorney reported that other claims received for damages received by certain automobile drivers at 39th Street and France Avenue were not our lia- bilities, and he was asked to answer the claimants to that effect. Minutes The minutes of meetings held November 24, 1947, December 1, 4, 8, and 15, 1947 were read and approved as read. Ordinance • On motion of Trustee Perkins, seconded by Trustee Bolmgren, the following ordinance was passed by unanimous vote of the Council: ORDINANCE NO. 289 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF ST. LOUIS PARK 126 December 22, 1947 Ordinance No. -289, 'Continued: The Village Council of the Village of St. Louis Park do ordain as follows: Section 1. The Zoning Ordinance of the Village of St. Louis Park adopted by the Village Council January 20, 1932, is hereby amended by making applicable the provisions thereof to that portion of the Village of St. Louis Park annexed by Ordinance No. 288 adopted by the Village Council December 22, 1947, described as the East ten (10) acres of that part of Northwest Quarter (NWS) of the South- west Quarter (SVVIO North of Excelsior Road, in Section Twenty_ (20), Township One Hundred Seventeen (117), Range Twenty-one (21), and said portion of the Village shall be divided into Use Districts, Density Districts and Height Districts as follows: Use District;The South Two Hundred Feet (200' ) thereof within the 11/ Commercial District, and all thereof except the South.Two Hundred Feet (200' ) within the Residence District; Height District: The whole thereof within the two and one-half (22) story Height District; Density District: The South Two Hundred Feet (200') thereof within "C" Density District, and all thereof North of the South Two Hundred Feet (200'_) _thereof within "A" Density District. No building shall hereafter be _erected or structurally altered nor shall any buildings or premises within the area•shown on said maps be •used for any purpose, other than in conformity with the requirements of said Zoning Ordinance of said Village of St. Louis Park as heretofore and hereby amended. _ This ordinance shall take effect from and after its publication. • Village Attorney's Report on Gas Franchise Ordinance On motion of Trustee Bolmgren, seconded by Trustee Perkins, the following report of the Village Attorney regarding the Gas Franchise Ordinance was accepted and•made a part of the minutes: • • Ordinance ORDINANCE NO. 290 GRANTING TO MINNEAPOLIS GAS LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO MANUFACTURE, IMPORT, TRANSPORT, SELL, AND DISTRIBUTE GAS FOR HEATING, ILLUMINATING AND OTHER PURPOSES IN THE VILLAGE OF ST. LOUIS PARK, AND TO USE THE STREETS,_AVENUES, AND_ ALLEYS THEREOF FOR THAT PURPOSE • The Village Council of the Village of St. Louis Park do ordain as follows: Section 1. Grant of Authority. There is hereby granted to Minneapolis Gas Light Company, hereinafter called the "Company," its successors and assigns, for a period of twenty (20) years after the_adoptior} hereof, the right to manufacture, import, transport, sell, and distribute gas for heating, illuminating, and other purposes within the limits of this Village, hereinafter called the "Village," as the same now exist or as they may be extended in the future, and for that purpose to establish the necessary facilities and equipment, and to maintain a manufactur- ing plant, gas mains, service pipes, and any other appurtenances necessary to the manufacture, sale, and distribution of gas in and along the streets, alleys, avenues, and other public places of said municipality, and to do all things which are reasonable, necessary, or customary in the accomplishment of this objective; subject, however, to the further provisions of this franchise. Provided, how- ever, that before the said company shall establish any plant in said Village for the •manufacture of gas the approval of the Village Council of the location thereof, in the exercise of a reasonable discretion by said Council, shall be first ob- tained by said Company. No such plant shall be constructed or operated in viola- tion of the zoning and building ordinances of the Village. Section 2. Obstructing Streets. The Company shall exercise its privileges hereunder subject at all times to the police power of the Village and shall not unnecessarily or unreasonably obstruct the use of or injure any street, avenue, or alley, and shall, upon the completion of any construction or repair, restore all streets, avenues, and alleys of the municipality which shall be opened by it or its agents or employees for the purpose of laying, placing, or repairing its aforesaid gas mains or service pipes to as nearly the same order and condition as they were before the excavation was made as is reasonably possible, and shall As requested by the Council at its meeting of December 8th, I have met with the attorney for the Minneapolis Gas Light Company and concluded negotiations for a franchise ordinance. - I was not satisfied with the proposed new franchise ordinance as sub- mitted by the Company in August. Although it was substantially the same as the ordinance adopted in 1927, I felt that it was drawn from the point of view of the Company rather than the Village and should be substantially changed to fully protect the Village. I therefore prepared a redraft of the ordinance which was submitted to the Council in September. After many con- ferences with the Company's attorney and manager of its suburban division, the Company has made several concessions and has submitted a new draft of the proposed ordinance which the Company's attorney insists represents the final proposal of the Gas Company. I will review the proposed ordinance section by section. While I prefer the rewording of Section I in my proposed draft of the ordinance, I can see no serious prejudice to the Village if the draft of the ordinance submitted by the Company is adopted. The Company's desire to maintain uniformity in its suburban franchise ordinances can be appreciated. my first objection to Section I was that it literally gave the Company the right to establish a gas manufacturing plant in the Village without conform- ing to the zoning and building ordinances. The Company has consented to an additional sentence added to Section I which protects the Village in this regard. I have insisted that the first clause of the first sentence of Section II is improperly in that section and should be in Section I. It was either a careless or tricky piece of draftsmanship in the first place to have in- cluded the provision relating to police power with the sentence concerning use and repair of the public streets. The Company insists, however, that it will not change this wording. In all probability the Village will not be seriously prejudiced. I also attempted to eliminate the following words commencing on the third line of page two: "For the purpose of laying, placing or repairing its aforesaid gas mains or service pipes." I contended that the Gas Company should be responsible for repairing and restoring streets of the Village no matter for what purpose it may have opened them. The Company, however, arbitrarily refused to change this line. Since the Company is not authorized to open the streets for any purpose except lay- ing, repairing and placing mains, I suppose there can be no serious prejudice to the Village in the Company's franchise. In Section III of the original draft of the ordinance submitted by the Company approval by the Village Council of laying and relaying of gas mains was not required. The Company has inserted a provision to this effect and has also consented to be obligated to obtain such approval for relaying as well as laying of mains. I consider Section IV to be satisfactory to the Village. Section V of the proposed ordinance contains no guarantee as to quality of the gas. It is usual in franchise ordinances to be quite specific about the quality of gas to be furnished. The Company has consented to insert a Village Attorney's Report on Minneapolis Gas Light Company Franchise Ordinance, provision requiring them to furnish gas in the Village of the same quality as furnished to its customers in the City of Minneapolis. This I consider a " practical and adequate protection to the Village. I consider Section VI to be acceptable. The principal controversy between the Village and the Gas Company in all negotiations has centered on Section VII relating to rates. I have en- deavored to eliminate the provision providing that the suburban area adjacent to and near the City of Minneapolis shall be regarded as a single zone for rate making purposes. This provision appears to be in all other suburban franchise ordinances adopted by municipalities in which the Company operates, and the Company apparently will not change its policy with respect to this provision. I also criticised the language of the last sentence of this Section: "All rates charged under this ordinance shall at all times be fair, just and reasonable." The words "under this ordinance" are meaningless in my judgment since the ordinance does not prescribe rates or set up any formula for determining fair, just and reasonable rates. The Company arbitrarily refused to insert in place of these words "to customers of the Company within the Village" or to permit any modification of the words "fair, just and reasonable" as de- termining the proper rates. Most franchise ordinances give the municipalities greater powers with respect to examination of the records of the utility than are specified in Section VIII. Except for the provision requiring the Company to give the Village a balance sheet and income statement of the suburban division and a balance sheet and income statement for the Village of St. Louis Park, Section VIII is of little value to the Village. The Company has refused to add any statement authorizing the Village to examine its original records. I am in- clined to think the Village can safely accept the Company's Section VIII be- cause the Federal Power Commission has authority to examine the records of utilities at the request of municipalities and would undoubtedly assist the suburban villages and cities if a rate controversy should arise. I consider Sections IX and X acceptable. Section XI was added by the Company at our request. Sections XII and XIII are formal provisions upon which there is no con- troversy. The Gas Company's attorney has informed me that his Company will make no further extensions of its service in St. Louis Park unless the proposed ordinance is adopted. Due to the present limitations in the quantity of gas available and the large number of new homes being constructed in the suburban areas, its reasonable to suppose that the Company might allow all of its available facilities to be used in other suburban municipalities during the coming year or two if no franchise ordinance acceptable to the Company is adopt- ed in St. Louis Park. This would be prejudicial of course to builders of new homes in St. Louis Park because of the scarcity of fuel oil making it now desirable to use gas. As I see it, therefore, the Council must use its judg- ment in determining whether any further delay in adoption of the ordinance which might be prejudicial to home buildiirs in St. Louis Park, might in the end gain anything in concessions in the language of the franchise ordinance which would be of substantial value to the Village. -2- December 22, 1947 2'r Ordinance No. 290, Continued: repair, and keep in good condition for a period of three (3) months all portions of said streets, avenues, and alleys disturbed by it or its agents; provided that the three-month period shall be computed from the time of the closing of the excavation; but in case of frost before the three-month period has expired, the same shall continue for the stated period after the frost leaves the ground. Any obstruction of any street,. alley, park, boulevard, bridge, or other public place, or any failure properly to fill and maintain a street after excavation, after proper notice demanding removal or repair, as the case may be, shall be taken care of by the Village and the cost thereof shall be charged against the Company and may be deducted from any payments due it from the Village. Section 3. Plats. The Company prior to the laying or relaying of any mains under this franchise, shall present to the Council a complete plat showing the location, size, and estimated cost of all proposed mains. The Company, be- fore laying or re-laying any mains, shall obtain approval from the Council, or its agent, in the excercise of a reasonable discretion by them. Failure of the Village to insist upon this provision shall not be deemed a waiver thereof. Section 4. Damage Claims. The Company shall indemnify, keep, and hold the Village free and harmless from liability on account of injury or damage to persons or property growing out of the construction, maintenance, repair, or operation of its property, and in event that suit shall be brought against the Village, either independently or jointly with the Company, on account thereof, the Company, upon notice to it by the Village, shall defend the Village in any suit, at the cost of the Company, and in the event of a final judgement being obtained against the Village, either independently or jointly with the Company, the Company shall pay such judgement, with all costs, and hold the Village harm- less therefrom. Section 5. Standards of Service. The Company shall at all times provide and furnish an adequate, safe, and continuous supply of gas to the Village and its inhabitants; provided, that if service is temporarily suspended through no fault or negligent act on the part of the Company, such suspension shall not be made the basis of any action or proceeding to terminate this franchise. The . quality of the gas sold in the Village shall be the same as that sold to the Company's customers in the City of Minneapolis. Section 6. Extensions of Service. The Company agrees to lay such of its mains and pipes as come within its requirements for suburban service as soon as reasonably possible to do so. The Council of the Village shall have the right to make such reasonable rules and regulations as may be necessary to provide ade- quate and proper service. Section 7. Rates. The Company agrees for and in behalf of itself, its lessees, successors, and.assigns that all authority and rights in this ordinance contained shall at all times be subject to all right, power, and authority now or hereafter possessed by said.Village or any other regulatory tribunal having jurisdiction thereover to regulate, fix, and control just, reasonable, and compen- satory gas rates, except as hereinafter limited. The Village recognizes that the entire suburban area adjacent to and near the City of Minneapolis, which includes the Village of St. Louis Park, may be regarded as a single zone for rate-making purposes and agrees_that the Company has the right to insist upon a uniform rate for all of its consumers in said suburban area. All rates charged under this ordinance shall at all times be fair, just and reasonable. Section 8. Accounting Reports. The Company agrees, on or before July 1 of each year, to file with the Village Clerk, a copy of its annual report to its security holders for the preceding calendar year, together with the balance sheet and income statement of the suburban division and a balance sheet and in- come statement for the Village of St. Louis Park on an allocated basis. Section 9. Forfeiture. If the Company shall be in default in the perform- ance of any of the _material terms and conditions of this ordinance and shall continue in default for more than ninety (90) days after receiving notice from the Village of such default, the Village Council may, by ordinance duly passed and adopted, terminate all rights granted under this ordinance to the Company. The said notice of default shall be in writing and shall specify the provisions of this ordinance in the performance of which it is claimed that the Company is in default. Such notice shall be served in the manner provided by the laws of Minnesota for the service of original notices in civil actions. The reasonable- ness of any ordinance so passed declaring a forfeiture of the rights and privi- leges granted by this franchise ordinance shall be subject to review by the United States District Court for the District of Minnesota, Fourth Division. Section 10. Non-exclusive. The rights and privileges hereby granted are 1[ 28 December 22, 1947 Ordinance No. 290, Continued: not exclusive, and the Village expressly reserves the right to grant rights and privileges to other persons or corporations. Section 11. Change of Government. Any change of the form of government • of the Village into a city or otherwise as authorized by the State of Minnesota, shall not affect the validity of this franchise. Any municipal corporation succeeding the Village shall, without the consent of the Company, succeed to all the rights and obligations of the Village provided in this franchise. Section 12. Acceptance. The Company shall, within thirty (30) days after the passage and publication of this ordinance, file with the Village Clerk its acceptance of the same in writing, signed by its proper officers and attested by its corporate seal. • Section 13. Effective Date. This ordinance shall take effect and be in force from and after its passage and publication. Gas Franchise Ordinance Adopted On motion of Trustee Bolmgren, seconded by Trustee Perkins, the above final draft of Gas Franchise Ordinance (290) submitted by the Minneapolis Gas Light Company was adopted by the following roll call vote: Trustee Perkins, Yea; Trustee Bolmgren, Yea; Trustee Jorvig, Nay; Clerk Justad, Yea; President Erickson, Yea. Trustee Jorvig's Statement Qualifying Nay Vote On Ordinance No. 290 On motion of Trustee Perkins, seconded by Trustee Bolmgren, the following statement made by Trustee Jorvig, qualifying his Nay vote on the adoption of the Gas Company Franchise Ordinance (290), was accepted and ordered places on file in the minutes of this present meeting,. by unanimous vote of the Council: "Trustee Jorvig requests that it be written into the minutes that he is voting "No" on the acceptance of Franchise between the Village of St. Louis Park and the Minneapolis Gas Light Company, for the reason that_the Franchise does not provide for the same schedule of rates as is accorded the City of Minneapolis, and does not include St. 'Louis Park in the Minneapolis rate area despite the fact that other Utility Companies are giving St. Louis Park the same rates for service as is accorded the City of Minneapolis." Clerk's Report of Mill Rate The following Clerk's Report to the County Auditor of valuation and mill rate for 1948 tax collections was read and ordered filed: Valuation $5,687,760.00 General Fund 25.50 Fire Dept. Relief Association 1/10 Mill .10 Band .10 Mpls. Interceptor Sewer .90 Lake Street Dist. Sewer _ Sinking Fund-State Loan 2.80 Storage Eqpt. Bond .20 29.60 $168,357.70 • Meeting Adjourned The meeting was adjourned by President Erickson at 10:55 P. M. hAl -4. 7-EER CI KSON President of the Village Council ATTEST: JO JUSTAD Village Clerk