HomeMy WebLinkAboutgr000990_000040_pg155May 24, 1976 Page 10
Warren Johnson stated that most of the corrective work has been
done. The basic question is who is going to pay for the work.
If Paster Enterprises decide they don't want to pay for this
then the City must assess Paster Enterprises' property. Atty
Meyers said that we are assuming we are going to assess this
property, but the owner has the right to appeal that.
Mr. Johnson then stated that Paster will go to court and fight
it out in court. Atty Meyers said that we have no legal right
to assess any properties other than the Center. If it goes to
court and the city loses, the project cost will go on the
general taxes. The developer might agree with the project but
still contest the assessments. The courts will make the final
decision.
Mayor Johnson stated that one of the interesting parts is that
we have a petition from the Shopping Center which asks us to do
the work in the ditch. Is that still a valid petition?
Mr. Frisch stated that he cannot respond to that_question. Atty
Meyers said that question must be decided ultimately by a court.
Councilman Shelquist asked what specifically is Paster looking
at? At the possibility of volunteering to complete the work,
asking Council to complete this plan, or to deny responsibility?
Mr. Frisch replied that these issues are all viable. He is
considering all of them at this time. Until he confers with his
clients, he cannot answer the question. He is only an agent of
his client. He can only go so far.
Councilman Shelquist asked the scope of that authority. Mr.
Frisch stated that he can appeal on behalf of his client but
cannot make the final decision. Mayor Johnson stated that I am
wondering if you haven't already responded. He read the letter
of May 12 to the Council in which Mr. Frisch indicated the
developer would sue the city. Mr. Frisch replied that his
position has not changed. This is a different matter than we
were talking about before. The purpose of that letter was
whether or not a court reporter was to be allowed and I do not intend to
appeal this procedure. My client is not to be compelled to do
anything that is not in my authority. I will digest this with
my client and then I will respond.
Mayor Johnson asked if he would have physically present a repre-
sentative of his client on June 14. Mr. Frisch replied yes.
Mayor Johnson asked if he would be prepared to respond at that
point to the specific recommendations of the engineering firm
of Comstock & Davis. Mr. Frisch replied yes. Mayor Johnson
asked him if he will be prepared to respond to alternative recom-
mendations -- will he be prepared to state what financial
obligations Paster Enterprises is willing to make on these
various improvements? Mr. Frisch replied I think so. Mayor