1949 (050649-120249) Town Board Mtgs
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Minutes of Meetings of the
TOWNSHIP OF EXCELSIOR
Meeting of May 8th.,l949
The regular meeting of the township board was held on Friday
the s,ecoIld of J4a.Yi ~t the Odunci'! Room of the Villa.ge of Exoelsior.
'I All members present. .
The minutes of the preVious meeting were read and approved. An
"off" and "on" s~le beer license was approved for Walter Rachel.
A cigarete lioense was approved for Mrs. Mae Nichols.
4 large representation was present to discuss the building of a
cottage on east part of lot one Grantville. Mr. Ed Whitehead was
represented by counsel, H. J. Kuhlman, 736 A.ndrus Bldg. Minneapol-
is. Mr. Peterson of the Hennepin Oounty Surveyor's office was
present and displayed a plat showing the location in question..
The question was raised as to how the public might acquire title
to the 33 ft. in question. Mr. Neil Irathwol representing the board,
sa~d a number of problems were involved . Mr Sherman Ohilds said
that the twwn must have title to the 33" strip or it would not
have dug the drainage ditch Qn the west side of the 33ft. He also
stated that the Bartholomews at one time had fenced in the
property but that the fence ha.d been removed by public demand.
Mr. Kuhlman a.sked t>f there was a record of a county ditch west of
the road line. Further s~id that that fact would have to be set-
tled in court.
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John Goodwin said that the ditch had been there for 80 years to
his personal Knowledge.
Mr. Kuhlman read a letter dated 5-14-46 from Whitehead to the
board relative to the '3" strip. .
Ohatrman Olague asked for a show of hands on the proposal that
the rema.ining 67" belonging to Tonka Bay be improved for a public
beach. Although a number raised their hands, no motion was made
or action taken.
Oha.irman Olague asked if it wa. the deeire40f the group to ~ve
the board t~ke aotion to obtain possession of the pro;erty in
question. An informal vote indicated about 40 ayes and no nays.
It was then propozed that the board buy the strip from Whitehead
for an amount equal to the cost of prosecuting the case. Mr. Ohilds
reminded them that the board could not make such a ptrchase.
Mr. Ray latterner then talked about the storage of his road eqpip-
ment on lot next to Larry Nelsons. The board agreed to ta.lk to
Nelson and try to work out some satisfactory arrangements.
Neil Grathwol then read over the new zoning ordina.noe. Gene O'Brien
moved tha.t the board adopt the new draft.
George Dongoske made a motion to constitute the members of the Town
Board as a planning and zoning commission pursuant to Sec.366.l7
Minnesota Statutes, for the purpose of carrying out the provi-
sions of the zoning resolution of thA town. This motion was second-
ed by Gene O'Brien and unnanimously addopted.
Gene e'!rien made a motion to appoint I.O.Kragness, Town Buildllhg
Oommissioner whose compensation shall be fixed at One Dollar($l.OO)
for each building ~emmit issued by him, and that he shall be ins-
tructed to charge $2.00 for each building permit. This motion was
seconded by George Dongoeke and passed unanimously.
The Board authorized the clerk to purchase a typewriter for keeping
the minutes and. other town records.
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The bills as submitted bv the clekIt: were ordered paid. No other
business the meeting was adjourned.
Respectfully submitted,
W. D. Kendrick, Olerk
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Kay 27th. 1949
A special meeting ~f the twon Board of Excelsior was held in the
offices ot Neil Grathwol. Also present were Mr. Sherman Child,
Mr. and Mrs. Segal, and Mr. and Mrs. Whitehead.
Mr. Childs outlined the necessary proceedure to commence an aotion
to take possession of the strip of land on the east line of lot 1
Grantville.It was decided that the bos~d could not purohase the land
but must either condem and pay damages or bring an action and take
possession on order of the court..
Records of the Kiatta action of the bosrd taken in June~, the 11th.
day, 189S were exhfbited to show the opening of a r~long the
East 11ne of lot one Grantville and extending to the lakeshore.
The Whtteheads compl~ined that the board was attempting to take
away 33" from them and that their deed showed that they owned the
property up to the east line. Mr. Grathwol reminded them that they
owned the property in Ouest ion subject to the rights of the
people.
Mr. Whitehead stated what his loss wnuld be. He said that he sold
the property to the Segals for t570.00. He said that he had offered
to sell the lot 'bo the left of his house for an additonal $1800-
which would give him a total for that lot of $2370.00, but that
he could sill that lot of $2$00.00 so he would lose t500.00. When
asked what damages he w JUld want Whitehead said he wanted $700.00
and would want to give only approximately 28" of the strip and
would also insist that the ~s relative to the use of a public
beach be enforced.
Mr. Childs then read the laws relative to bathing beaches..
Mr. Whitehead then made a definite offer to give.up the property
for $700.00 and agreed to submit this in writing.
Mr. Segal than said that he would have some losses, such as the
cost of moving the building, the eost of the foundation, a new
abstractetc. and also said that he would not have built this
particul~r cottage since it was designed to fit the stttp on which
it was built.
It was decided that the board would consider all the angles at its
next regular meeting and adjourned until that time.
Respectfully submitted,
W. D. Kendriok, Clerk
June 3rd. 1949
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The regular meeting of the Township Board was held at the
Village hall, all members present. The ~inutes of the previo~s
meeting were read and approved.
Apetition of the residents of Biroh Bluff opposing the b*ilding
of a oottage at Cresoent Beach and requesting the board to take
action to remove such a cottage was accepted by the board and
it was declared a paet of the minutes of the meeting.
On a. show of hands the group from ere scent Beach voted 19 to
to 10 to compromise the situ1tion if possible. It was suggested
that the health officer check into the health angle.
Motion for the adoption of the following resolution was made
by Gene O'Brien and seconded by Neil Randall and unanimously
carried, as follows:
Resolved, that whereas all of the members of the town
Board have viewev the twwn road running northerly ~ithin
the town along the East Line of Lot I,.. Grantville, where
the same intersedts the shore of lake Minnetonka, have
seen the houee ereoted and oonstructed thereon, seen that sa
said struoture has obstruoted the free use of B~id road
and the free access to lake Minnetonka on B~id road, to
the annoy~noe and inconvienienoe of the publio, a mot toe
be given to all persons named of reoord as owners of the
premises adjoining said road, and all persons responsible
for the construotion of structure and the obstruction of
said road, by servioe of a notioe on all of said persons.
The olerk was then instruoted to prepare notices to be served
upon Wm. Siegel, his wife, Ed. Whitehead and his wife by the
oonstable at the next day most oonvienient.
Rolland Rose, representing a group from Meadville then presented
a pe~ition from the residents of Meadville asbing the board
to decline the issuanoe of a permit to add onto or enlarge
what i' known as the Old Log Theatre. The problems of traffic
control and other objeotions were diso.seed The board agreed
to look into the matter and have the town oonstable patrol
and direot traffjo if neoessary.
Sandberg, Zimmerman and Maoe were present about the dredgeIng
to be done near Rowards PoInt and ..... Birch Bluff and sinoe
it was understood that the oounty would provide a culvert the
board would stand the additional expense of filling in along the
road to widen it. Mace was to be paid at the rate of 130.00
an hour for his work.
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On Motion of Gene O'Brien seconded by Neil Randall the bills
were ordered paid as presented.
Respeotfully submitted,
W. D. Kendrick, Clerk.
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July 1st. 1949
The regular meeting of the town of Excelsior was held Friday
July'lst at the Village hall Council rooms. All members
present.
Mrs. Stanley Rye, representing a .gToup from Mtka. Manor
asked th,i.t the board do something about a swimming area
for that part of the lake. The board after study of the
pl~ts of the are suggested that they swim at Meadville.
Dr. Miland Knapp asked that the board consider reassessing
his boat, a 1940 Chris Craff. and ~fter consideration the
board agreed to a reduction in the valuation.
Roy Peterson also complained about his boat va.luation and
the board agreed to a reduction.
On Motion by E. A. 0 '!rien and seconded by Geo. Dongoske
the plat submitted by Don Lyman was approved.
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. U resolution relative to a grade crossing at Linden Ave.
-__. and the M. & St. L. tr,'1cks was adopted d.nd a copy of sucll
..esolution is atta.ched and becomes a part of thses minutee.
Counsel Grathwold outlined the legal proceedure for a
specLi.l election relative to tJ.king legd.l action to remove
the cottage built at Crescent Beach.
It was agreed to pay James Bowen ~20.00 per month for
tending the dump in conjunction with the villJ.ge of
Excelsior.
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On Motion by George Dongoske seconded by E.A. O'Brien
the bills as presented were ordered paid.
With no oeher business the meeting was ordered adjourned.
Respectfully submitted,
W. D. Kendrick, clerk
July 22nd. 1949
Aspecila meeting was held at the offices of Neil Grathwold
with a.ll members present with Sherman Childs and Mr. and
Mrs. Siegel.
Neil Grathwold related that Whitehead had verbally offered
to give up the disputed property for $500.00. Sie~el
indica.ted his desire to get the cottage off the beach as
soon as pOSSible, intimating that he was only waiting for
the deed from Whitehead for another tract before moving the
cottage. Siegel seemed to feel that Whitehead was not
going to be able to deliver a good deed to the disputed
piece. -
Sherman Childs sllggested that photostats be made of the
1896 road oreer and that a certified copy of the order be
filed with the County Auditor(o~ proper place of record).
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It Was agreed that if the cott~ge was not voluntarily moved
that steps be t~ken to post notices for a special election
for the purpose of instituting legal action to force the re-
moval of said house,
On motion by E. A.. O'Brien- seconded by Geo. Dongoske and
unnanimously passed the board instructed Neil Grathwold to
adviae Whitehead that the board had neither the authority
or the desire to allow him a cl~im of ~500.00 for piece .
of property in quest ion.-
The clerk was ordered to have the necessary photostats made
and to advise counsel to that effect so that a certification
coul~ be drawn for filing the road orderO
Beer permits for Jack Elliott,Kenneth Hampton and the
Danish Brotherhood Lodge were approved.
With no other business the special meeting was adjourned.
Respectfully submitted,
W. D. Kendrick, clerk.
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August 5th. 1949
The regalar meeting of the board of the town of Exceleior was held at
the village hall. Juetice Randall eat as a memBer in the absence of
E. A. O'Brien. Mr. W. C. Wilhelm spoke for a group from Minnetonka
Manor relative to the proposal and offer bv 1-Jeil Grathvrol to deed
to the Township part of Lot 11 Block 2 Section 25 of Mtka Manor
as a plJ.yground. The group agreed to take care of the lot as to
cutting weeds and maintaing it as a place for children and urged the
board to accept the oefer. The board indicated willingness to do so
but as yet had bot been approehaed by Mr. Grathwol:
Mr. Art Lehman asked that the board do something relative to the
abandoned property belonging to Ruskie on * 41.-Be stated that
children were playing ar0und the sha.ck d.nd that there was an open
cistern and a weel and that they would have to be filled since they
constituted a public hazzard. The clrk was re~uested to contact
Mr. Grathwol who would ha.ve the address of O~zie Rl1skie and ask for
permission to fill thp holes and thredten to fill them anywJ.y if
permission was not gra.nted.
It was st~ted that Barney Clifford had started erection of d. building
on bis property and the clerk was designa.ted to find out if he had
obt~ined a. permit to do so. .
Mr. Geo. Dongoskie moved that the board after hearing a. report o~ the
propssed ~ounty health program, ta.ble any ae~~~ action at this time:
It was, however the feeling of the boa.rd th3.t they should proceed with
ca.ution on any such measure.
Mr. Dongoske moved and acting member Randd.I1 seconded the motion that
the board take the neceesary steps to eettle the matter at Creecent
Beach with Mr. Ed. Whitehead for $200.no tee amount agreed upon by
Whitelreadand counsel for the board.
M~~ Dongoske moved that the bills as presented by the clerk be paid
andthis motio~ wa.s secondea by Neil Randall;
Re~pectfully submitted
W. D. Kendrick, Clerk
Se'pte~':n" iB'nd, 1.949
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The regul~r meeting of the board of the Town of Excelsior was
held in the Village hall, Sept. 2nd. 1949. All members present.
All bills were approved for pa\.~ent with the exception of the
claim of Anson Mase for dredging at ~240.00. This was s~id
to be excessive and the warrant was 'ordered voided.
A resolution for~~rded to the clErk bv the Hennepin County
Commissioner for Lands for the duthorization ~~t~he board'
to a.llow the publiC sd.le of tax forfeited lands. This resolution
was oreder t'l.bled until the board could look a.t tbe property.
Mr. Ed Whitehe-<.d a..sked th,,"t thp 111inutes of the previous meeting
be re-read so th~the co~ld le.rn w~dt the bo~rd had decided to
do relative to the tran8f~r of title of the Crescent Beach
strip to the board.
The clerk was ordered to wti te to lrr.. Barnev Clifford relative
to obtaining a permit fot the consTuction work bei~7 done on
bis pr0gerty. Also the clerk was ordered to write the local
contractors d..g~in about permits.
With no other businesa the ~e~ting was adjourned.
Respectfully sub~itted,
W. D. KendriCk, Clerk.
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o etober 7th 49
The rep-u1a.r meeting of the boarcl of '\:i;xcelsior was held on
Fridav~ all members present.
1 re0u8st for tne openinp- of a road waS ''1;lde biT~. 10,". rlson
and this reauest WaS referI' to }Jeil Ra.ndall.
Bills3.s pTesented bv the clerl.. were orderen pa.id.
Wit'h nJ other business the r::eeting adjol1I'TJed.
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'Respectfully submi tted,
W. D. Kendrick, clerk
November 5th. 4$
Th e regular meeti ng 0 f the bo ::1,rd WaS held on Fri daY', all
members-present. '
SrI'. C. T. Yikre4flested perrnission to build 11 strrtctl1re at
MilDle Rei ght s ail nt tion and also to use the 8bo re for boat
rent}.l. The boa,rd agreed to hold a. public meeting for this
purpose anc'! the clerk Was advised to publish a notice to
th,.t effoct. .
'T'he bi 118
p ,1i d .
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presented by the clerk were aODrOVea and oJ1lerEd
RespectfullY su'Omi tted,
W T'\ Keoorick, cle:kt.
Dee ember 2nd.
'" .." e TO O"J 1:J. 1'" eo t; i Dr- '" -f' + 1j '" B I) d. 1'r of t 1'1 "" t ('\ '1"n of "7')': C e Is i 0 l'
'Ir",).~ beld Frid17 Dl"lc _ ')1'10. wit>]} :l.~ 1 :l'il">Ci'berp p1'~8ent. """1P
'']1jnutes of t'he precppc'!i,nr "1ppting mas rear and a:oDroved.
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"'re (111option of lXl.ving to t'-'e Yi;111agp of W00rnan~ tbeir
phare 0 f the f11 'Del 8 fu n t'h '" t r ea8n1''\T 0 n Fpo. ?no. 1<::149 waS
d~ sc;)ssed. In alle "eI' fro''l c0unsel G:r'J.+'hmol he had paid
t"'lt t1'1e VilLl,.9"E' Waf:' p~t1tled to .:L 3.44-8 ~ p'hare of such
flJDC1P. "'''jl'' clprk indjc),to0 t'ha.+ +,'r,e -1"UTXJP i r tne treasure's
na"r0p on tn3."'" 0.),te :3."oounted to ~2,l07.74 a.nd t"hp Village
p'ja,re mnulr' <1.'101J1'+ to ~7?57. ('Tl 'f:1otion ':,,\1 (\ 'Br5"'n peconned
b,T DonR'opke is '''':is una,ni"'ouplv cpc1.f!pr" tr pa7 thlt :l'-'OlJnt
to se++le tr,p tpr.
;, deleo',.tion of 10 people J, ecl.:red in r"-'8',')on8e to a noticE' of
:J, public hp,tl'inr:- on t'-,,o "P'70nj,1"1q' 0-1" Ie Upj g'nts. ~1.ft"'.,. 11""1,.1:'
inc;-' -tl..,ei r ,1.TP"1Fc1,ort: p it' "77,P^,OilPC b'u '!j'.\ (\ ''Ori en s""conded
bv Do 'DR'O p're tc d I"lny t'1[p lic 3,t io n '01' c. "!". iTi k ff"\ l' :1 pend t
tr 0 perlt e a ref I'f'8h'l'J en+, 8t [1,1"1el ""l.+l~-ee-B.;t:;-.:J.~:l,r~.:IZ;"- in Co nnection
mithhis bOj,t l:i?very. T"p votf' map? a.ves3.nd T'..o nayS.
"'he billsJ,,8 presc,nten wpre oI'c!eren paid on motio}' bv Geo.
Dong-e 8ke. Wi t 1J no e t'h"'I' 'ri1Ji pi neps :eit hlnr'1 t 'he bOl,Tn d'':> lournpf! .
-r:'l. PSi) ect f1Jlly,
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