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May 24, 1976 Page 5 <br />Mayor Johnson emphasized that we have our report with the recom- <br />mendations and the city to date has spent approximately $9200 <br />with another $2000 not billed yet. He wants assurance that <br />Frisch's client is going to pay for these costs. Mr. Frisch <br />stated that he cannot assure him that his client will pay all <br />of these expenses. His client will respond only to those items <br />that they are legally responsible for. Those they are not <br />responsible for there will be a controversy over. Mayor Johnson <br />stated that this is an improvement project hearing. This is the <br />time to enter objections to the improvement project and to the <br />costs that will be entailed. Are you in a position to agree <br />that we should proceed? <br />Mr. Frisch answered yes, but because I did not have this prior <br />to the time I am afraid my only recourse is to respond in the <br />negative and I don't want to. However, I may agree with the <br />whole report if my engineers so designate. <br />Mayor Johnson stated that he appreciated Frisch's time constraints. <br />However, he feels it is Frisch's obligation to become aware of <br />what is going on in this project. Mr. Frisch stated that he <br />did not envision it as being slow, but he cannot respond <br />this evening. <br />Warren Harold, 7730 Greenwood Drive, stated that he disagrees <br />with Mr. Frisch that this is happening fast as he was flooded <br />out all last summer. This has been going on for over a year and <br />it is not resolved. All we need is one good rain and everything <br />will be ruined again. He cannot sympathize with Paster Enter- <br />prises after paying over $20,000 to repair his own home. The <br />Mayor and the Council have been trying to get it straightened <br />out He said let us get it done. <br />Mr. Frisch replied that there has been litigation relative to <br />responsibility for the flooding of the basements; these matters <br />are in the court at the present time. He appreciates Mr. Harold's <br />concern, but that is not his client's fault the whole area <br />last year was water saturated. The fact that he cannot respond <br />to this tonight doesn't change the fact that this is his first <br />look at this report. He asked for an opportunity to respond <br />formally or informally, but not this evening. <br />Mayor Johnson asked why the City of Mounds View has to bring <br />the issue to the developer? Mr. Frisch replied that his clients <br />feel they are not entirely at fault for the problem that exists. <br />The fact is that they have done everything they are supposed to do. <br />Mayor Johnson stated that he takes issue with that. <br />Councilman Baumgartner stated that, in response to the citizen, <br />there was some work done last fall that changed the condition of <br />the ditch so there is an outlet. What we are talking about is <br />restoring the ditch as there could be serious erosion problems, <br />but there is storage that wasn't available last spring. <br />