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Engineer Smith reported Alex Creighton, building inspector, is <br />employed nights in a war plant and cannot be reached daytimes <br />because he is sleeping, <br />Smith bel appointed builang inspector. The motion was seconded by <br />Trustee Gebo but was not put to a vote, <br />Trsutee Willson moved that $5 paid by Mrs. I;. D, Buckett for a permit <br />to more a small building be refunded, seconded by Trustee Wyatt and <br />carri ea. <br />Trustee Wyatt n%fered a motion that Engineer <br />Clarence Holten, former village attorney, appeared at request of <br />President Sharpe to discuss responsibility of Country Club District <br />Servlce Co, to pay the city of Minneapolis for sewage disposal service <br />during the time sewer rentals were collected by Countgy Club District <br />Service Co, Holten referred to minutes of April 22, 1940; June 10, <br />1940; Oct. 28, 1940, and March 10, 1941. Holten recalled that Oscar <br />Gaarden, president of Coun-bry Club District Service Co,, had said at <br />one time that he expected he would be required to make an accounting <br />of sewer rental charges collected by him and would have to make a <br />settlement &Lp the village should prev&%tl in the litigation then <br />pending , <br />Holt en alsa appeared as representative of Douglas Rees to request rezoning of eigh%;residentlal lots at the southwest corner of the <br />intersection of W, Fiftieth street and Normandale road for commercial <br />use. Ee described plans for landscaping the property immediately in <br />pryparation for construction of a market center after the war. <br />President Sharpe requested Holt en tosecure approval of nefghboring <br />property owners for the rezoning and it was the sense of the muncil <br />rezoning of other property at that corner also should be considered, <br />There being no further business to come before the council, President Sharpe declared the meeting adjourned at 11:45' p.m, <br />j?dINUTES OF SPECIAL BEETING OF THE <br />EDINA VILLAGE COUNCIL HELD IN VILLAGE <br />HALL AT 8 P.M. APRIL 22, 1943 <br />President Sharpe'called the meeting to order and three members of <br />the council were present -- President Sharpe, Trustee Wyatt and <br />Cle& Hawthorne. Also present for discussion of matkers relating <br />to fwbure operation of the water system and portions of the sewer system in the village were Village Attorney Karl H. Covell, Attorney Perry Lo Noore, Attorney Thomas Vennwzz and Oscar Gaarden, <br />president of Country Club Dfstrict Service Coo <br />Mr. Moore explained the villagets interpretation of the supreme <br />counrt decision recentlyGrendered in the case of Country Club District Service Co, versus Village of Edina. He said the effect <br />of the decision is that Country Club District Service Co. does not own any part of the original complete water system installed by <br />Thorpe Brothers, <br />Gaarden contended he does own whiitever portion of that original <br />water system was not paid for by property owners (which he placed at <br />30 per cent), the Fiftieth street main, the water tank and the land <br />on which the tank and pump house stand. Gaarden said he is willing to continue to operate the system or to sell his interest to the village. <br />Vennum. said there is no dispute that, to the extent that ld; owners reimbursed Thorpe Brothers, the system does not belong to Country <br />Club District Service Co, and that the portion owned by the village <br />could not be used by Gaarden as a rate base. ,He said the burden of showing to what extent Thorpe Brothers have been rapid rests on the <br />village and that further court action will be necessar if the vi1 a e contends it wons all of the system which was not actuaby construc $8 B