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1952 (010452-120252) Town Board Mtgs e January 4th. 1952 ~he regular meeting of the town board was held on Friday the 4th. of Jan. 1952. Members present were George Dongoske, Alfred Clague. and Ray :Petterson -sitting for Gene O'Brien. The important piece of business was the reading by Chairman of the opinion given the board by Counsel Grathwol relative to changes proposed in the Zoning ordinance. George raised the question of an increased wage for the men who appear somewhat dissatisfied. Ray then moved that the board increase the .. hourl~ -wage to $1.25 per hour. This mothon was passed. The question of raising the salary of Neil Randall "laS held over till the .next metting. The bills as presented by the clerk were ordered paid on motion by Ray .Petterson seconded by George Dongoske. Respectfully submitted,_ W. D. Kendrick, Clerk e February 1, 1952 The regular meeting of the board of the Town of Excelsior was., held on Friday . the 1st day of February. 1952. All members were present. The clerk read a letter from Sherman Skoggin about using his home as a rest 'home. After hearing the arguments in favor of such a rest home, George Dongoske offered a resolution that the board approve such a permit for Mr. Skoggin, subject to the legal approval from counsel Grathwol. Gene O'Brien moved that the salary of Neil Randall be raised to $335.00 per month. This motion was passed. The problem of the revised zonine ordinance was discussed again and some objections as raised by Hans Hasse were considered. The bills as presented by the clerk were ordered paid. Respectfully submitted, w. D. Kendrick, clerk March 1. 1952 e The board held a brief meeting to consider the budget for the year 1953-54. ; The recommended figures were 25,000.00 Road and Bridge Fund, 1500.'00 Fire'tund P;or fund at 2.000.00, General FQnd $2.000.00, Con~ingent Fund, $2.,000.00. The meeting then adjourned. Respectfully submitted, W. D. Kendrick,Clerk e 25,000 1,800 1,000 '000 2.000 32,800.00 ? e ., " March 11,. 1952 I j The annual Town meeting was held on TUesday the 11th. of March 1952 in the Masonic Temple Building. The meeting was called to order at 9:00 A. M. by the clerk and.. nominations were asked for a moderator. On motion by Neil Randall seconded by Alice Upgren, Owen Herrmann was named moderator for the day. His first act was to adjourn the bus- iness portion of the meeting until $8:00 P.M. . At 8:00 P.M. the polls were declared closed by the moderator and the meeting was called to order. The minutes as read by the clerk were read and approved. The clerk's and the treasurers report were read and accepted. Moderator Herr~nn gave a brief talk on tax l~v~s, and mill rates. He then called upon the board to giye its recommendations as to the coming years levy. In the absence of the chairman, Mr. Dongoske, read the recommendations. The moderator then called for motions on the levys. Walter Bean moved that the Road and Bridge Fund be set at $25,000.00. This was seconded by Mr. Ray Petterson The motion was carried when put to a vote The Fire Fund was set at $~ $1,800.00 on motion by Mrs. Taylor, seconded by Mr. Clybourne, and passed on vote. Roger Olds moved that the Poor Fund be set at $1,000.00. This was second- ed by Dr. Badgley, and carried whne put to a vote. The General Fund was set at $3,000.00 on motion by Mrs. Taylor, secondeci by Julius Trick, aft~r a previous motion to set this fund at $2,000.00 had failed. Elmer Haraldson moved that the Contingent Fund be set at 2,000.00 and this motion was carried when put to a vote The matter of Grass fires was discussed, and the suggestion was made by Glen Ross that the board determine whether it was peesible to charge back to the property the costa of negligent fires. . Mrs. Settlin asked Constable Trick about his duties and matters of speeding in the Township. Mrs. Petterson asked the board if more roadssigns could not be employed to better control the traffic on town roads. Mr. Taylor moved and Mrs. Taylor seconded a motion to increase the saleries of the Supervisors to $200.00 per annum and the clerk to $300.00. The legal aspects of this increase were considered and the Taylor's withdrew the motion after su'?,gesting that the board obtain a legal opi:aidln so that aGtion could be taken in 1953. A substitute motion was offered giving a vote of thanks to the town board. The results of the election were then read. A record vote of 217 had heen cast. The successful candidates were Walter Bean as Supervisor, Ray Petterson as Justice of the Peace, l€onard Thompson as Constable, and W.D.Kendrick as clerk. Bean was elected for three years and the rest for a two year term. Thompson declined to qualify for the post of constable. With no further business, the meeting adjourned. Respectfully, W. D. Xendrick,Clerk -l;t . i) 2~ ~ These are the minutes of the last meetinc, April 4th. 1952. please read '1.nd I would like them back to copy into the offi- cia.l rec ord. "all members present, includin( the new superTisor elected in ~~rch, Mr. Walter Bean. The fir t order of business was the or~ni2'ation of the board. Mr. Georr;e Dongoske Was nominated and elected chairman. Mr. Clague retained his position as head of the welfa.re c om':,i ttee ~ Neil Gra thwol Was named 80S counsel for the ensuini year and Dr. Clinton Berf was named Health Officer. The first order fo business was the approva.l of an applmcation for a. beer license for a Mrs. Gustafson who is takinr over the Svithiod Club House. Dave Meakins again brou!;ht up the matter of the marbare being: dumped neaX his premises. George Dongoske agreed to see Neil Gr,athwol relative to what could be done. Men applying for the roa.d job were interviewed, with no final decision being ma.de. Bll~ as presented by the clerk were ordered Pat.d. The resolution to allow land on which .K~%% the taxes were unpa.id WaS pa.sedd allowinr; the ll.nd to revert to the county for tax sa.le. The clerk Was authorized to advertise for bids for tar. With no further business the meeting adjourned. Als. the Contr,act with Northern States P01J1JEr ComPany wa s aIlproved. Respect,-ully, W. D. Kendrick, clerk. A.t the meetinl; of May 2nd. PLEA.SE brinr up the ma"tter a~in about Gary Boyd building the rabbitt hutch. The neighbors are beefing about it. George wa. 8 going to talk to him about 1 t. Please read the attached petition about Carmichael Dump. Although it has been understood that the twonship would 10 alone with the rural nursing service I find that this resolution was never Passed. You may remember tha.t it was laid over at a previous meetinc pendin~ further inTesti~tion but it was bever brou~ht up a~in. They now want to be Paid and they also want the resolution. Will you p~ease see that they are completed and return tome. .~~~~~ OVER Excelsior Township Board Excelsior, Minnesota Dear Sirs: April 28, 1952 \, We wish to thank the Board, and to commend its action for notifying S. . Carmichael that he is violating the Excelsior' Township zoning regulations in operating an automobile-wrecking and used-ear-parts business just off Highway 7 and Manor Road. We request that the Board take whatever action is necessary to see that Mr. Carmichael discontinue his business in its present location with as little delay as possible, for the following reasons: 1. His business is located in a non-commercial zone. 2. Mr. Carmichael has stated that he was aware of this illegality when he moved to his present location. 3. The operation of the business constitutes a nuisancefor all the surrounding area, in the noise, odor, and irregular hours involved. 4. The longer such a business is pennitted to continue in a place, the more difficult it probably will be to stop it. 5. Condoning such a disregard for our township laws and ordinances will likely encourage others to follow a similar course. We regret any inconvenience that Mr. Garmichul may be oaused, for we realize that everyone must make a living. However, we do not be- lieve that any one citizen should be allowed to do so by trespassing upon the rights of a large number of other citizens. a~- ~ }'J ,~ A4:~ ~e~ ~a~ ~~~~" ~. (;7I,U 'N~ .$~. ~~/ ~l~T.~;-, \' C~/' ;0" ,.C ~ H .c 71 Yours very truly, ~~~ ~+g~ :5/~a!J;d-dK~ ~~~~~ / --....... I'll appreciate it if someone will take a few notes for the record. "'**..'" Meeting of MaY 2nd. 1952 *..*... ( May 2nd. 1952 The reru1ar meeting of the Town Board of Excplsior ~s held Frida7, the 2nd. of May 1952. All members present. The clerk Was abscent. Mr. Carmichael appeared to present his side of the dispute reaardinc his continuing his business of handling wrecked Cars and used Parts. A petition sicned by sixteen people was presentd. They object to the continuation of this business. Carmichael stated that he knew he was in Tiolation of the ofd~nge ." arnd-:"si3;id ~,}'ll'puld see what he co~ld do about it. S~xtytt~were g~~ell Carm~91)q~1 ~ vacate the prem~ses. Walter Rachel and wi~e appeared to obta in beer and clcarete licenses. There was no objection to his request. Mr. Tbeo Thpmpson represent ing Mr. W. R.. Brown appeared re~rdinl the ditch bordering his preperty and the town road in Lot 1 Grants addition. They said that Brown's property wa s washing- away dlle to the drainage and agreed to PaY the costs of a "concrete culTert if the board would agree~ to allow him to preceed. The Board agreed to look OTer the ditch and adTise him. Don Mc Carthy appeared about the road near his pltae,and the board agreed to look at it and perhaps take care of it after other pressing road problems were taken care of. Petition from Gary Boyd was presented requesting permission to starta xabbitt project on his preperty. The bOard declindd to grant such a permit and the clerk ~s instructed to ad.ise Boyd to that effect. The Hennepin County Nursing preject was approTed by the Boa rd . Neil Glathwol presented and ordinance to amend ordinance * 2 re extension of commercial area on Hi~hway 19 from Murfins station in a southerly direction. Board had .no objection to such an extension. Glathwol also presented ordinance * 8 to amend ordinance #: 2 relat1Teto non-conforminl uses; specifiCally with relation to junk yards. Board requested that. the ordinance be reTised to include furbea.ring animals. With this reTlsion to be included, the board adop~ed this amendment. After ordering all bills Paid as presented, the meetin( adjourned. Respectfully, w. D. Kendrick, Clerk. a-'7t?~ / ~... r J-....,{:!. "'t!!. 4;' .' ''><t'. , .- ,'_ -,- ".'c',' L,I',.;.. "","-,~.",.",.. '- d<-""' , r" j ,., .f /"f "I.fr.""..... ,,""1."''',~,,/ .0, ;; .".r ....~.. f..........r'~^.,- ," ..,.'".~" _ >i:~ii" ,,/ ' . ...... June 6th. 19.52 ~,,, . The regular meeting of the Excelsior t<;)1-!11 board -'as held on Fr~d-BY at the ViHage Council rooms. The beer application of Hedvig Gustafson o'f the Svithiod Home WaS approved by the board. In the aosence )f member Clague, Ray Petterson sat in. Hr. T.om Donahue ef the ':[est shore ~oad at Christmmslake pJ:esented a claim for da:;nageclope to his grapes and :oeonies. The banl-: v!ho carry the insurance was advised to make settlement. '::.\iw clerk 'was authorized to' send a bill to the EngHs.h Lutheran Church for .54 loads of fill at $1.00 per load. The board On motionbv ';lalter Bean seconde"d bv Ray Petterson set the fee for cigs-tette licrmses at $12.00 per year and a ~'linimum 0f $6.00. A'resolution calling for a $2S.00penalty for selling cigarettes without a license ,.,as adopted. . On rouest of Constable Trick the Board agreed "to set his salary at $.500.00 per year,1:!ith the 1lnderstancUng that this was partially a reimbursement fer the increases. coats Gf". Tricks insurance since he was uaing his personal cqr for patrol ,V'ork. The bills as presented by the clerk 1-Jere ord.ered paid. "'lith no other business the meeting adjourned. Respectfully submitted w. L. Kendrick, Clerk July 11th. 19.52 The regubt meeting 0f the Towh "board w')s held at the Village Ceunc1il rooms. Robert Clybourne headed a delagation from B:irch Bluff re1:ativet& the condition of the Eureka Road. George Dongo.skedefinitlypromised that work of some nature 1-!ould 1)egin the week follo'Hing. They alsO requested that. some.thing be done about the i'lD.ter at Eureka and highway # 7, either from a sewer or from a spting. Hr. David Prillaman offel'ed to provide dre.in ditch and tile at his crlitad front if the'board wou!ld pr-mvidea culvert-and the fill. The beard agree to. examine this place 2:nd see what could be dOIle. A Bingo permit was granted to O\.,en Her.rmann for theMi~t;in?..a Gun Club. Avery Fick et al "lifere present a:?',i?in about the Carmicj$e-l -matter. r.-frs . Set tnen requested fill for the. lot at the manOr and that the stumps be removed by the board. A street light for the corner was aI)proved and the Powere Company ,'las to be notified to erect one. Ronnie Amundson appeared about his road and a culvert was to be put along his road entrance. \'Joth no other business the meeting adj urned. Respectfully submitted, W. D. Kendrick, Clerk , Minutes or a continued meeting of the Board of Super- visors of the TOml or Excelsior, Hennepin County, Minnesota, sitting as a board of tax equalization held on July 5, 1952. Town supervisors Dongoske, Clague and Bean were present. The town assessor, Bisbee, was also present. The following tax adjustments were made: The assessed value of the real estate assessed in the name of Anna F. Badgley,being parcel 150 plat 34420,was reduced by 10% for the year 1952. The full and true value of the property assessed in the name of Donald T. Knapp, being parcel 2600 plat 34500, was reduced to $3,600 for the year 1952. Mrs. O. E. Jassoy appeared before the board and requested that the property assessed in her name, being parcel 5400 plat 34840, be given the homestead exemption for 1952 real estate tax purposes because, although she was not in actual occupancy of said property on May 1, 1952, her absence was only temporary. After deliberation, it was the consensus of the board that, based on the facts, the homestead exemption should be granted to Mrs. Jassoy on said property for the year 1952. All of the decisions recited above were unanimously adopted by the board. There being no further business the meeting adjourned. Ocye>>ber 3rd. 1952 Septmeber 5 1952 e A regubr meeting fo the Town baord was held on this day with allmembers present. HI's Rhoades from the Manor asked t~~t speed signs be erected in the Manor alsol1 that the Hoard put in signs indicating the top speed to be 20 miles per hour. It was moved, sec9nded and passes that the manor be zoned at 20 miles per hour. Mr. and Mrs. Fick and the Paxtons were present abour the Barmichael matter. .... ~ * Tea bills as presented by the clerk were ordered paid. Respectfully, W. D. Kendrick, Clerk e A regular meeting (if the Board was held this day with all members present. A letter from Counsel Grathwol 'ioTaS read. It was decided that Don,,,:oske see Grathv.rol [Cmd te'l him that action had to l)e kllmn immediately or that we would engae Kelly to do the job. The question of ,,,hether 81' not Ruth Even and Bud Leng .,;fere in violation of the ordinance in raising rabitts was raised. The clerk was instructed to write to her Gelling her that the business must not be expanded. A plat of Echo Hills was approved for Harold Steiru<amp, and the board agreed to 1.vri to a letter to the F. H. A. relative to certain features of the read being built in the addition. The reouest for apointment as constable of Sid James, was denied and it was suggested that he file for this oafice at the hext election. The bills as prepared by the cleEk were ordered paid by the bead. and with no further business the meeting adjourned. Respectfully, W. D. Kendrick,cler~ November 7th. 1952 The regular meeting of the board vlasheld on,Friday \vith allmembers present. The clerk wqs ordered to bill Warren Stevens for 5 load of fill at $1.00 per lead. Mr. Avery Fick again presented himself on behalf of the Maaer group requesting thqt immediate action be taken. The beard called upon Counsel grathwol to present to the group certain facts and to outline hhat Cl)uld be done. 1>11' Grathowlll gave a history of the ordinance and read. portions of the Statute relative to "zoned use". He further cited the case wiere the board. was unable to get a cenvictien.' It vras explained. that the "non-Conforming use" section was amended by the to'l'ffi board on May 2nd. 1952 and here section #2 was quoted. On the 9yh @f November 1952 Mr. Carmichael would be in vi01ation of the ordinance since the 6 months periGd would have exuired. Reference was made to Grathwol1s letter of October 3rd. 1952 and 0n motion~the letter becomes a part of these minutes.. Counsel recommended that tilis action be brought in justice court and remanded up yuo the District Court. It was then moved by Walter Eean that the board bring actio~ against Carmichael en two counts immediately and forthwith. This move was seco~ded by A. H. Clague and was carried when , put to a vote. e The bills as presented by the clekr were ~rdered paid. R eppectfully, w. D. Kendrick,Clerk 0' NEILL..J. GRATHWOL l I I I ATTORNEY AND COUNSELOR AT LAW EXCELSIOR,MINNESOTA October 3, 1952. ]Ill.'. George J. Dongoski, Chairman, ~own Board Excelsior, Minnesota. Dear George: I haye conferred \"ltl.th you several times and you and I have interviewed 11.1'. i:JtanleyCa~michael, who operates an automobile junk yard on property owned hy .M.rs. ~lla,Vagner, in the 'township of Excelsior. Mr. ~armichael advised you and me that back in 1949 he was in the auto- mobile junking business; that he then had five junk cars on the pre- mises now used hy him; that in 1948 he had 10 such junk cars on said property, and that he moved to said property for t~e purpose of active- ly carrsing on his junk business on Ivtay 1, 1950. lviI'S. "agn~r, when interviewed bS me, verified this, except that she said Mr. yarmichael moved his busineas to said property on June 1, 1950. Ordinance be. 2 of the :.L:own of ~xee Isior, relating to zon- ing, was adopted 2/3/50. Glear~, ~~. Garmiehael is in violation of this ordinance whieh states If... . that no suah non-conforming use shall be extended to occupy a greater area of land than that occupied by suah use at the time of the adoption of this plan ....n Ordinanae No.8, amending Ordinanae :No. 2, provides, tt2. Ho junk yard, whiah term shall include land or buildings used for the purpose of the storage of keepir.g of juhk, including scra.p meta.ls, sarap or used lumber or any other scrap materials, or for the dismant- ling, storing or wreaking of automobiles or other vehiales or machinery, may continue as a non-conforming us e for more than six months after the effective date of this ordinanee.if This ordinance was adopted on !vIay 2, 1952 and published on May 8, 1952, when it became effecti ve. On l~ovemher 8, 1952, \/armichael will have op era ted his junk yard for six months from the affeati ve date of the ordinance. If the ordinance is constitutional and a proper exercise of the police power of the"':own of .L.xeelsior, and it 1S my oplnlon that it is, .L believe action should be deferred to IIovember 9, 1952, so as to have two distinct violations of the ordinanee. r will await; further instructions from you. OJG:3 Very truly yours, (]f~~J. GRA'rIHIOL 'fawn At torney ~own of ~xce1sior &~ ... December 2nd. 1952 The regular monthly meeting of the TOvTn Board was held this da~' with all members present. A cigareette and beer license for Marvin Schemillpfennig'wasapproved by ~ the board. Also mt was moved ~nd seconded that a street light be installed at . the junction of the Eureka Read near the Eureka Grocery. The meeting adD,ourned with approval being given to the bills as presented by the clerk. Respectfully, W. D. Kenrick, Cler~ February 6th. 19.5J " - The regular meeting or the Board was held this day \vi th A. H. Clague absent anre Ray Petterson sitting in for him. Counsel Grathwol was presB.Bt and advised that the hearing em the motion would be held in Listrict Court Qn March 16th. Mr. Charles Tayler was pesent and at his request Grqthwol had examined the statuets with relation to the salaries of the Supervisors and Clerks. It was determineo that the supervisors and clerk might draw up to $240.00 without any special metting of the Town people. The Supervisors might draw up to $500.00 per year with the approval at the a'1l1ual Town Hetting but that there was no limit 0n the clerk, except te $120.00 per month It was moved that the cisrk should transfer the funds from the drag and contingent a acco~Lts to the Road and Bridge Funds. A meeting for the purpose 9f setting the budget was set for the 26th. 8f FebrUary. lVi th no other business the. meeting ad.journed. Respectfully IV. D. Kendrick Clerk February 26th. 1953 This special meetin gwas held at the offices of Counsel Grathwol. Ray Petterson sat in for A. H. Clague. Again wages of the board members was discussed. Walter Bean recommended that the clerk be allowed the additional $90.00 to bring his salary up to the maximum. The budget tentativly was set as fo11ws. $37,500.00 R~ad and Bridge, $2,500.00 fir~ ~3,OOO.~0 Contin~ent, and $3,000.00 General fund without levying any thing for the~ Poor Fund. This meeting was then adjourT'ed to March 3rd. so that the members c/Sluld further study the prDposals. Respectfully, W. D. Kendrick Clerk