Loading...
HomeMy WebLinkAbout19620205_regular2/5/62 MTNUT3:S OF TIE VGUEAR MEETING OF THE EDrNA VILLAGE COUNCIL ULD MONDAY, PEXWJARY 5, 1962, A" 7 :00 P.M., kf 1r.w ED'LNA VILLAGE ULL 1 Nembers answering Rollcall were Dickson, MacP'lillan, Tupa, VanValkenburg and Bredesen. Meeting t7as held this date, because February 12, scheduled date of \ Regular Meeting, is a legal holiday. EiINUTES of Regular Meeting of January 22, 1962, were approved as submitted, by Motion Dickson, seconded by VanValkenburg and carried. PUBLIC HEARING HELD ON WJNDAY CLOSING~I ORDINANCE: ACTION DEFERRED TO FEBRUARY 26. Clerk presented Affidavit of Publication of "Notice of Public Hearing on Proposed Sunday Closing Ordinance," published in Edina-Momingside Courier January 25 and February 1, 1962, which Affidavit was approved as to form and ordered placed on file. proponents speak first, on proposed ordinance as published in Notice. President of the Ilinnesota Retailers Association, spoke for the Ordinance, as "sane and moderate". przvent the troubles 17hici1 neighboring municipalities are now experiencing. PIr. Hodgson asked that the ordinance be adopted for the purpose of "providing a day for rest and family life on the day chosen by ninety-eight percent of the American people for this purpose, and of keeping this day free of retail come rc i ali zat i on. to any employee who would be happy with a law permitting business to be open on Sundays; that employees prefer @ to work on Sundays, regardless of the "double- or-triple-time pay" privileges accruing to them for Sunday work. Mr. Hosmer Brown, 4513 Moorland Avenue, representing Clancy Drugs, reported that Clancy's has no objection to the intent of che ordinance; that they would be glad to close dorm completely on Sundays, if this was economically feasible; but that they would like clarification of the definttions contained therein, He specifically requested clarification of the t~ords, "housev7ares ,I' Endairy products", "groceries", and "foodsaP. Mr. Brown suggested that, rather than adopt an Ordinance, now, tile Council go on record as to its intentions ~7ith ragard to Sunday Closing, delaying formal action pending experience in St.Pau1, Minneapolis, &Richfield and Bloomington, on enforcement of their respective ordinances. Mr. Henry Bergdahl, 4501 Claremore Court, told Council that businessmen are working sufficiently long hours, now; that they should not be asked to work seven days a seek--that he favors ordinance because he, himself, would like shorter hours. Mrs. Rachel Hill, 4512 Wooddale Avenue, speaking as a "housewife, mother and grandmotaer", favored ordinance "just as a matter of standards", saying that one day is needed as a family day. he believes the American people are tired of laws,passed by all Celling themwhat someone thinks is good for them; he believes it does not speak well of a conservative district to have businessmen here, hat in hand, asking for a lar7 to protect them. Saying that it is true that some business will be hurt by those keeping open on Sunday, but that other places will open, 17ith new merchandisi-ng methods--that the life blood of our system has been the "profit and loss system", Mr. Frances told Council he believes it b70Uld be most inappropriate for a village which is probably one of the most conservative in the entire state to pass an ordinance mostly for the benefit of the businessman who has asked to have this la57 passed. Plr, Frances was the only opponent. Pursuant to Notice, Mayor Bredesen opened the Hearing , asking that the PROPONENTS. Mr. Thomas Hodgson, 5500 Normandale Road, Executive Vice He told Councii the passage of the ordinance, now, would Mr. Regis Younkers of Hove's Super Market, told Counci.1 he has yet to hear sz &' -!- E DPPONENT. Mr. Joe Francis, 6505 Creston Road, speaking only for himself, said phases of govenim2nt, Village Attorney Hasselquist explained that the proposed ordinance was drafted by a group of some ten municipality attorneys, in the interests of good enforcement, at the time it became apparent that some of the municipalities wished to enact a Sunday C 10s Fng law. Some discussion was had in the Council, Council agreeing that some clarification is necessary, and Mayor asking tnat the "Saturday" references be eliminated. Diclcson then moved that action on Ordinance be set over to the next meeting, February 26, in order that clarification of definitions might be effected and Saturday references be deleted therefrom. Motion seconded by Tupa and carried. BOY SCOUT TROUP NO. 114, ST. STEPHENS CHURCH, WELCOMED. On behalf of the Council, Trustee Dickson, Treasurer of the Viking Council, Boy Scouts, welcomed to the meeting Scout Troup No. 114 of St.Stephens Church. RZCOSIENDATIONS OF ADJUSTMENT PANEL ACCEPTED. Mr. Larkin McLellan, representative for "International Union of Operating Engineers Local #49'", presented to Council the "Report of Adjustment Panel Relating to Dispute Between International Union of Operating Engineers Local #49 and The Village of Edina", members of Panel being Mayor Bredesen representing the Village, Mr. McLellan representing the Union, and a neutral member, Mr. Harold A. Smith. Some discussion ~7as had, and Dickson moved that the recommendations of the Panel be accepted. carried. Notion seconded by Tupa and 22 2/5/62 PUBLIC HEARING CONDUCTED ON PETITION OF RANDOLPH IlIPPE FOR REZONING FROT1"OPEN DEVELOPMENT DISTRICT" TO 'WJLTIPLE RESIDENCE DISTRICT" OF LOT 7 AND SOUTHERLY 5.4 FEET OF LOT 6, BLOCK 1, NELSON & F700DHULL'S FIRST ADDITION (NE CORNER VALUY VIGF7 ROAD AND CROSSTOYN HIGHHAY). Edina-Morningside Courier January 25 and February 1, 1962, and of Mailing, of "Notice of Public Hearing", which were approved as to form and ordered placed on file. petition. proposed four-unit apartment for this property, stating that area requirements and all other standards of the Village Zoning Ordinance are met in this byilding; that the Planning Commission has recommended the petitioned rezoning, requesting that construction plans be submitted to Commission for its action before building permit is issued. the Hearing, and no written objections had been received by the Clerk prior thereto. with second reading thereof and adopt Ordinance as submitted: Clerk presented Affidavits of Publication in Pursuant to notice, Public Hearing was called on the above entitled Planning Director Hite presented elevation and floor plan of the I I There were no objections to the proposed rezoning raised at Tupa offered the following Ordinance , moving that Council dispense ORDINANCE NO. 261-64 AN ORDINANCE AMENDING ORDINANCE NO. 261 . (ZONING ORDINANCE) OF THE VILLAGE OF EDINA, ESTABLISHING ADDITIONAL MJLTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, 'ItlINNESOTA, ORDAINS: Section 1. Section 4, Multiple Residence District, of Ordinance No. 261 of the Revised Ordinances of the Village of Edina, as amended, is hereby further amended by adding at the end of paragraph 1 of said Section 4 an additional sub- paragraph as follows : "(1) Lot 7 and Southerly 5.4 Feet of Lot 6, Block 1, Nelson and t?oodhull's First Addition." Section 2. This Ordinance shall be in effect immediately upon its passage and publication. Notion for waiver of second reading and adoptio fo~~olvs : Dickson, aye; Nacllillan , aye; inance as submitted was , aye; and the Ordinance was adopte PUBLIC HEARING ON PETITION OF BILTMORE NOTOR HOTEL, ING. FOR THE REZONING FRO14 "OPEN DEVELOPMENT DISTRICT" TO "COB24UNITY STORE DISTRICT" OF LOTS 5, 6, 7 AND 8, BLOCK I, GRAN?) VIB? HEIGHTS, AND TRACTS A, B AND C, REGISTERED LAND SURVEY NO. 7. (DR7 CORNER OF STATE HIGHkJAY #lo0 ANI) EDEN AVENUE). Clerk presented Affidaxits of Publication in Edina-Morningside Courier January 25 and February 1,'1962, and of Mailing, of "Notice of Public Hearing'' which affidavits were approved and ordered placed on file. Pursuant to said Notice, Public Hearing was called on the above- entitled Petition. proposed 30-unit motel, reporting that the Planning Commiggm has recommended this rezooing, providing site is restricted to motel use, screening of property is approved by Commission, because Commission is of opinion that motel-type of land useage is a good transition between commercial and residential developmznt. Trustee MacMillan asked Nr. Hite if he felt sure this proposal would in no way interfer with plans for proposed HighQay 8100. the Highway Department and they have informed us it will not interfere with any plans the Department now has. Manager Hyde suggested that for the protection of the Biltmore, as well as the Village, interests we should have a letter from the Highway Department, setting forth the Department's opinion on this matter, before rezoning becomes final. its adoption; 77itin waiver of second reading: .- Planning Director Hite presented site plan, and elevation of Mr. Hite replied that the plan has been sent to Dickson then offered the following Ordinance and moved ORDINANCE NO. 261-65 AN ORDINANCE AHENRING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA, ESTABLISHING ADDITIONAL COMNUNITY STORE - DISTRICT THE VILLAGE COUNcIL OF THE VILLAGE OF EDINR, MINNESOTA, ORDAINS: Section 1. Section 6, Community Store District, of Ordinance No. 261 of the Revised Ordinances of the Village of Edina, as amended, is hereby further amended by addihg at the end of paragraph 1 of said Section 6 an additional sub-paragraph as follo~~s: ar(oo) Lots 5, 6, 7 and 8, Block 1, Grand View Heights and Tracts A, B and Cy Registered Land Survey No. 7." Section 2. This ordinance shall be in effect immediately upon its passage and publicatioa. 2/5/62 1 2 3 ?.jotion for waiver of second reading and adoption of Ordinance as read t7as seconded by Tupa, and on Rollcall there were five ayes and no nays, as follows: 1- ( (Dickson then moved that Clerk be directed to delay publication of Ordinance until such time as .- 1. Highway Department's letter, to.effect that plan for motel ail1 not interfere with Highway Plans for Highway #loo, is received; restrictions for this site, as well as the present Biltmore Motel site, are filed, restricting these properties to "moteluP use only. requests, such as parking and screening plans, are approved. by Tupa and carried. 2. Dzed 3. Other Planning Commission Motion seconded PROTEST REGISTERED AGAINST ALIGNMENT OF DiJELLING AT 4741 HIBISCUS AVENUE. Plr. and Mrs. Carl F. Siruck, 4745 Hibiscus Avenue, protested the alignment of the dmlling being constructed at No. 4.741 Hibiscus, maintaining taat the house protrudes sixteen feet beyond the line of the "formal front'" of the homes on Hibiscus. Reporting that he had been informed by Building Inspector Robert Smith and Manager Hyde that the Village had no authority to prohibit this type of building, Mr. Struck appealed to the Council for its formal opinion on the matter. Mr. Bredesen asked Mr. Struck if he had been informed by developer Stow that Stow's approval of the house plan is part of ye deed restriction on the plat, and 14r. Struck replied that Mr. Stow bad solfi?m:,?e& that Mr. Stow's signature vas not on the plan in the Village Strucks that che matter of deed restrictions is something over which the Village Building Inspector would have no control; also, that while the Village does control the front-yard and side-yard setbacks, it has no control over rear-yard office. Village Attorney Hasselquist informed the would still have the right to rely on the restrictions in effect at the time he applied for his building permit. Nr. Bredesen then told the Strucks that while tbe Council sympathizes withtlie~problem, the Council has no legal authority to prevent the building of this residence. ., I OILING PETITION ACCEPTED. to kJ.64 th St. t7as submitted, accepted, and referred to Engineering Department for progradng. Petition for Oiling of Tingdale Ave'. from W.63rd St. TECHNICAL AID REQUESTED FROM STATE, ON IMPROVENENT PROJECTS, FOR YEAR 1962. Captain Gans told Council that if the State is to be asked for technical aid in making soil boring and other technical tests during 1962, a new Resolution must be adopted by the Council asking for such aid; that the State will do this work at less cost to the Village than charges by private concerns. the follov7ing Resolution and moved its adoption: Dickson offered RESOLUTION AUTHORIZING REQUEST FOR TECHNICAL AID PROM STATE HIGIWAY DEPARTMENT BE IT N3SOLVEI) that, pursuant to statutory authority, the Director Public Works and Engineering, for and on behalf of the-Village 02 Edina, is hereby authorized to request and obtain from the Minnesota Department of Highways needed engineering and technical services'during the year of 1962, for which payment will be made by the Village of Edina upon receipt of verified claims from the Commissioner of Highways. Motion for adoption of Resolution was second anValkenburg, and on Rollcall *'ENGINEERING BACKLOG FOR I962 IMPROVEMENT PROGRAM,'* a report dated February 1, 1962, a report by the Public Works Department, setting forth eentative dates for Public Hearings on special assessment improvement projects, together with other pertinent information, v7as presented by Captain Gans, who told Council he hoped to keep within this schedule. that schedule should be observed. involved in these projects, saying it may be necessary to retain outside engineering help for some of che.work. Council appreciative of fine report , agreeing with Gans Captain also showed a graph showing man hours 2/5/62 PUBLIC €IX&INGS TENTATIVELY SCHEDULE FOR ILUXCH 26 AND ApmL 9 S$T A?Ub TO APRIL 16. Relative to the hereinbefore mentioned "gngineering Backlog for 1962 Improvemint Program," it was noted by Council that some eleven projects are scheduled for Public Hearing on March 26 and April 9. two, and perhaps three, of the Council find it necessary to be away from the Village on one or both af these dates, it was decided that Hearings be re- scheduled to April 16--vhich will be a special meeting. Because at least "VALLEY VISTA*' ELIGIBLE FOR THREE-YEAR FINANCING : ALTERNATIVE, CASH PAYMENT. Relative to developer Hugh Brenner's argument, that his plat of Valley Vista should be eligible for ten-year special assessment on underground utilities; Village Attorney Hasselquist reviewed for Council his (Hasselquist's) his report of Janeary 30 , the last paragraph of which states, "There is no doubt in my mind that the council intended that you should be eligible for the three year financing program. The only other alternative for the council would have been to insist upon a cash payment in accordance with their stated policy of November 12, 1957," Report was written to Hr. Brenner. No action necessary. SALARY ADJUSTLGNTS REQUESTED FOR POLICE AND FIRE DEPARTNENTS,.%ND COURT OFFICE PERSONNEL. accepted by Council this evening, Manager Hyde recommended wage adjustments to Police and Fire Departmznts, and also to the office personnel in the Nunicipal Court office. General assent given by Council, Manager being requested to bring in an amended "Salaries and Wages" resolutioa for Council actfon on February 26. In line with wage adjustments made by the Adjustment Panel and VOLUNTEER FIRE DZPARTMW REQUEST FOR INCREASE IN *1~~~-~~~~7 RATE DISCUSSED. Mr. Ilyde reported that a delegation of Volunteer Firemen has seen him, asking for an increase in tae "per-hour-per-fire-caL1" rate from $2.50 to $3..105). (Council has appreved $2.65 as rate for 1962). this, including a bonus method of payment, and Manager Hyde 57as directed to give the Council a report as to his recommendations. PUBLIC HEARINGS SCHEDUUD FOR NONDAY, FEBRUARY 26, ON PROPOSED IMPROVENENTS . Relative to the report, "Engineering Backlog for 1962 Improvement Program," discussed earlier this evening, discussion was had on those proposed improve- ments scheduled to be publicly heard on February 26, and Diclcson offered the following Resolution and moved its adoption: Some discussion ~7as nad on RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON PROPOSED SANITARY SEMER, STORE1 SEVER, AND GRADING AND GRAVELING IMPROVEMENTS BE IT RESOLVED by the Council of the Village of Edina: 1. The Village Engineer, having submitted to tne Council .a preliminary report as to the feasibility of the proposed SANITARY SEIIJER, STOREi SE?ER, AND GRADING AND GRAVELIEG IMPROVEEENTS described in the Form of Notice of Hearings set 'forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. 2. This Council shall meet on Bionday, February 26, 1962, at 7:OO P.M., to consider in publfc hearing trhe views of all persons interested in said proposed improvements. time, place and purpose of said meeting to be published in the official news- paper once a week for two successive weeks, the second of which publications is to be not less than three days from date of said meeting, which notice shall be in substantially the following form: NOTICE OF PUBLIC HEARINGS ON SANITARY SEWERS, GRADING 'AND GRAVELLING, AND STORM SEVER 3. The Clerk is hereby authorized and directed to cause notice of the EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Nonday, February 26, 1962, at 7:OO P.M.', to consider the following proposed improvements to be con- structed under the authority granted by Minnesota Laws of 1953, Chapter 398. The approximate cost of said improvements is estimated by the Village as set fort 'h be low : 1. CONSTRUCTION OF VILLAGE SANITAlZY SEXIJER AND APPURTENANCES IN THE FOLLO2JIXG: A. Halifax Avenue from the Nanhole 400' south of 17.62nd 3. Brook Drive from existing Manhole to S.7.68th St. 2. CONSTRUCTION OF GRADING AND GRAVELLING IN THE FOLLOVING: ESTIWTED COST St. to the Cross Town Highway $12,775.22 extended. $15,448.70 A. Halifax Ave, from the south line of Roy H. Peterson's 2nd Addn. to the Cross Town Highway $ 5,783.82 I I 25 IN Ti43 FOLL013TNG: A. Beginning in the alley between Beard Ave. and Abbott Ave. at a point 165.7' S. of the centerline of W.58th St., on W.58th St. to Beard Ave., on Beard he. to Chowen Ave., on Chowen Ave. .to the public path located between lots 5 & 6, Block 2, Edina Hills Addn., on the public path to Minnehaha Creek. $37,434.02 The areas proposed to be assessed for the cost of the proposed improvenznts undar l-A, l-B, and 2-A above include all lots and tracts of land abutting Llie respective streets proposed to be improved. The area proposed to be assessed for the cost of the proposed storm sewer improvement under 3-A above includes all lots and tracts of land within the following described boundaries: "Beginning at the intersection of W.57th St. and Drew he.; thence Nly 100' to approximately the centerline of Lot 4, Block 2, Brookline 2nd Addn.; thence Ely to approximately the centerline of Lot 3, Block 2, Brookline 2nd Addn.; thence Nly to the N.E. corner of said Lot 3; thence Ely to a point 70' V1y from the S.E. corner of Lot 15, Block 2, Edina Hills Addn.; thence Nly and parallel to Chowen Ave. to a point in the S. line of Lot 11, Block 2, Edina Nills Addn., 70' Vly from the S.E. corner of said Lot 11; thence NEly on an arc to a point on the Ely line of Lot 6, Block 2, Edina Bills Addn. 35' "Hly from the S.E. corner of said Lot 6; thence SEly to the centerline of Chowen Avc.; thence Ely to the intersection of Chowen Ave. and Beard Ave.; thence Nly in Beard Ave. to a point 65' Nly of the centerline of intersection of t1.56th St. and Beard Ave.; thence Ely to the E. line oC Lot 10, Block 4, fjhite Investment Company's Hidden Valley Addn.; thence Nly to the N.E. corner of said Lot 10; thence Ely to the N.E. corner of Lot 15, Block 4, Viiite Investment Company's Hidden Valley Addn.; thence Sly along the E. line of said Lot 15 to V.56th St.; thence Ely to the N. and S. alley between Abbott and Zenith he., thence Sly along said alley to the S.f.7. comer of Lot 2, Block 3, Harriet Lawn Addn.; thence Ely to a point midway between the E. and kJ. lot lines of Lot 3, Block 3, Harriet Lawn Addn.; thence Sly to 11.57th St.; thence Ely to a point midway between the E. and 17. line of Lot 22, Block 3, Brookline Addn.; thence Sly along a line midway between the E. and 11. lines of Lots 22 to 12 inclusive of Block 3, Brookline Addn.; to tJ.58th St.; thence Ely in t7.58th St. to a point midway between the E. and W. lot lines of Lot 1, Block 2, Harriet Manor 2nd Addn.; thence Sly along a line midway between the E. and t.l. lot lines of Lots 1 to 8 inclusive of Block 2, Harriet Manor 2nd Addn.; to a point on the N. line of Lot 9, Block 2, Harriet Manor 2nd Addn.; v7hich point is 71' E. of the centerline of the N. and S. alley between Zenith and York Aves.; thence VJly along the N. lot line of Lot 9, Block 2, Harriet Hanor 2nd Addn. to the N. and S. alley between Zenith and York Aves.; thence Sly along said alley to the S.E. corner of Lot 16, Block 2, Harriet Manor 2nd Addn.; thence Illy along the S. line of said Lot 16 to Zenith he.; thence Sly along Zenith Ave. to its intersection with 8.59th St.; thence 1?ly along TJ.59th St. to a point 71' E. of the centerline of the N. and S. alley between Abbott and Beard Aves.; thence Sly on a line midway between the E. and 1.f. lot lines of Lots 1 to 7 inclusive, Block 5, Harriet Nanor 2nd Addn.; thence lJ1y to the N. and S. alley between Abbott and Beard Aves.; thence Sly to the E. and 17. alley between W.6Oth and W.59th Sts.; thence Wly along said alley to Beard Ave.; thence R. on Beard Ave. to a point 58' S. of the N.E. corner of Lot 9, Auditor's Subdivision No. 312; thence Illy to a point 82.5' IJ. of the centerline of Beard Ave. ; thence Nly along a line parallel with the centerline of Beard Ave. to W.58th St.; thence Vly along 8.58th St. to its intersection witn Chowen Ave. ; thence Nly on Chowen Ave. to W.57th St. ; thence LJly along 1.1. 57th St. to the point of beginning, and there terminating.@' Motion for adoption of the Resolution was seconded .by VanValkenburg, and on lan, aye; Tupa, aye; VanValkenburg tion was adopted. NAYOR APPOINTS PLANNING COMIIISSION AND PARK BOARD MBMBERS. Planning Commission: Nayor Bredesen submitted to the Council the name of Nr. Harry Gustafson, 6800 Cheyenne Trail, for re-appointment, for three-year term beginning January 1, 1962. Dickson's motion confirming appointment was seconded by Tupa and carried. Edgebrook Place, to the Park Board for a three-year term beginning January 1, 1962, said appointment to be on Mr. Adams' acceptance--which the Hayor hopes to receive later this week--was confirmed by motion Tupa, seconded by Dickson and carried. Park Board: Mayor Bredesen's appointment of Mr. Cuyler C. Adams, 4618 26 2/5/62 CMlfS PAID. dated February 5, 1962, was seconded by Dickson and carried: General Fund, $26,603.87; Construction Fund, $3,607.25; Parks, Park Construction and Swimming Pool Funds, $26,381.28; Waterworks Fund, $18,140.4.7; Liquor Fund, $26,998.12; Sewer Rental Fund, $24,591.37; Improvement Funds, $522,088.89; Poor and PIR Funds, $440.97 - Total, $649, 152.22. Tupa's motion for payment of the following Claims, as per Pre-List Dickson's motion for adjournment was adjourned at 8:45 P.N. Village Clerk 14INUTES OF THE*REGULAR*IIEETING OF TNE EDINA VILLAGE COUNCIL HELD NONDAY, FEBRUARY 26, 1962, AT 7:OO P.H., AT THE EDINA VILLAGE NALL I. Members answering Rollcall were Dickson, MacMillan, Tupa, VanValkenburg and Bredesen. MINUTES of Meeting of February 5, 1962, approved as submitted, by motion VaEValkenburg, seconded by Tupa and carried. POLICE SERGEANT J&BS H. CRAWFORD RECEIVES CERTIFICATE. Hayor Bredesen presented to Sgt. Crawford the International City Managers' Association's Certfficate of Completion in its correspondence course on Nunicipal Police Administration, together with commendation of the Council. "REVISED" SUNDAY CLOSING ORDINANCE ADOPTED. _- on Proposed Sunday Closing Ordinance, this being a continuation of the Hearing held February 5. He read letter by Thos. Jackson, President of Edina Chamber of Commerce, informing Council that Chamber is in favor of proposed ordinance. Blr. Thomas Hodgson of the Minnesota Retail Federation, Inc., reviewed briefly the changes suggested at the last meeting - 1. That Saturday option be deleted; 2. that ordinance be inapplicable to confections, ices, ice creams, dairy products, eggs, electric fuses, light bulbs and other items essential to the safe operation of heating, lighting and plumbing equipment already installed; and Mr. H0sme.r Brown, representing Clancy's, told Council his client feels that with these changes the ordinance is as clear as possible without being unwieldy, is in favor of it and believes he can live under it. Er. Joe Francis, 6805 Creston bad, protested once again, saying that with the adoption of this ordinance the Council is simply asking for a %hole host." of laws, not only from retailers but also from other groups. Mayor Bredesen reported receipt of letter, this evening, from filr. Kingston Nelson, 5917 Kellogg Avenue, protesting the proposed ordinance; and Hr. Nelson was present and supported his letter verbally. Mr. Nelson's protest was on the point that the Council does not have the authority to legislate as to what can and what cannot be sold at any certain time. Nr. Hodgson reported that five recent SupremzAourt decisions have ruled can legislate on one part of. a problem at one time and another part of same problem at another time. read to the audience the changes proposed in the ordinance as first heard on February 5, and Dickson offered for its first reading the following Ordinance No. 183, moving that Council dispensz with the second reading thereof and adope Ordinance as submitted: Mayor Bredesen called Public Hearing Nayor 'redesen then * OWINANCE NO. 183 AB ORDIN&?CE RELATING TO BUSINESS ACTIVITIES 01; SWAYS, PROHIBITING CERTAIE OF 6UCH ACTIVITIES, AND PROVIDIKG PENALTIES FOR VIOLATIONS THE VILLAGE COUNCIL OF-THE VILLAGE OF EDINA, FIINNESOTA, OlXDAfNS: Section 1. Purpose. It is determined to be in the interest oE the public health, order, convenience and general welfare to observe certain days, hereinafter specified, as days of rest and recreation, free from unrestricted commercial activity, and it is the purpose of this ordinance to aid in the preservation of such days for such purposes. Section 2. Definitions. Subd. 1. "Person" means any individual partner- ship , corporation, association, or other group, however organized, and includes agents and employees. Subd. 3. "Restricted Item" means any of the following: Clothing and wearing apparel; cloi3iing accessories; footwear; furniture; furs; housewares; chinaware, poirtery and glassware; household or business or office furnishings and appliances; hardware; tools; paints and varnishes; building materials and supplies; jewelry; cameras; silver- ware; watches; clocks; luggage; musical instruments; musical recordings; radio reckivers; television receivers ; phonographs and record and tape players; lawn mowers; boats; outboard motors; automobile parts; automobileaaccessories; toys other than novelties 2nd souveniers; lumber; floor covering; farm implements and machinery; groceries; mzats and foods, not prepared and served on the premises or served elsewhere by food caterers.