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June 14, 1976 Page 10 <br />The administrator stated, you are going to make judgments but <br />you have no idea of the volume of water. Mr. Gottsacker replied <br />that he can see where the problems existed before. It is very <br />flat up here. The volume of water from other areas contributes <br />greatly. Scientific data is not available so this is his personal <br />viewpoint. The administrator responded that the Council did the <br />same thing, viewed the problem, and came up with another opinion, <br />that is, that the shopping center was the major contributor to <br />the runoff problem. <br />Atty Meyers asked who would benefit by the installation of a <br />closed storm sewer and Mr. Gottsacker replied that Paster Enter- <br />prises, of course. Atty Meyers asked if that would help anyone <br />else north of County Rd. I? Mr. Gottsacker replied, no, but <br />all of this was not caused by the shopping center. <br />Atty Meyers asked him if he knew what portion of the work done <br />has been taken by the City. Mr. Gottsacker replied that he had <br />no cost breakdown, but has been told that the City is trying to <br />claim engineering fees and court expenses, etc. <br />The administrator stated that in the $9,200 those items are not <br />included. <br />Mr. Gottsacker responded that Paster Enterprises put in a great <br />deal of money putting in sod, during this process. Trying to be <br />a good neighbor. Mr. Gottsacker stated that he has outlined the <br />problem and he will defer to the attorney, Mr. Frisch. <br />Mr. Frisch stated that is his response, too. You are asking us <br />to make a response as to what we are planning to do -- our feeling <br />simply is that it is not our problem alone and that is why we <br />are willing to negotiate. The problem comes about from every <br />level of government participating in this. It is not the shopping <br />center's problem exclusively. Mayor Johnson asked him if he had <br />any scientific basis for his statement? Mr. Frisch replied that <br />you asked for our position and that is what I am giving you -- <br />that is our legal position. Nothing will be said about the tab <br />for the total costs. <br />The administrator stated that the problem is whether to accept <br />the opinion of the city engineer or whether to pursue something <br />of similar scope -- it was his feeling that was what Mr. Gottsacker <br />was going to address himself to. <br />Mr. Frisch replied that no matter what you do you are not going <br />to solve the problem. If you are willing to assure us of that, <br />we will discuss it. The administrator stated that even the most <br />sophisticated storm sewer system is not going to guarantee <br />anything. If this were a normal storm sewer improvement it would <br />be different. Mr. Frisch stated that the city went ahead and <br />attempted to make the improvements, changing original plans and <br />specifications -- this changes everything. <br />