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-3- <br />Engineer Bearden read the feasibility report of April 26, 1976, <br />to the Council. He then stated that since this report was <br />prepared, he has spoken with the Highway Department. The project <br />has been transferred to the Oakdale maintenance office from <br />the Golden Valley office. They have indicated that it will be <br />acceptable with a slope on the end 3 -1 and the out slope 2 -1. <br />This would bring the out slope almost to the curb of the <br />parking lot and would be somewhat more economical as far as <br />the construction cost and will provide more storage of water. <br />On June 25, 1975, a letter of intent of several items of work <br />to be accomplished was set forth and this was approved by the <br />City, the property developer and the Rice Creek Watershed <br />District. This was not completed. For safety and erosion <br />purposes, it is now necessary to do more in accordance with <br />the Highway Department's recommendations. <br />Mayor Johnson asked Eng. Bearden if he was suggesting that <br />the preliminary cost estimate should now be amended. He <br />replied, yes, a ditch section can be constructed in place of <br />the 18" pipe that was proposed. The administrator asked if <br />we have it officially that the Highway Department is going <br />to approve it. Eng. Bearden replied, no, but he had talked to <br />John Sandell, chief engineer at the Oakdale office, and he <br />indicated on the phone that the 3 -1 slope on the inside and <br />the 2 -1 slope on the outside would be acceptable. <br />Mr. Frisch again objected to the hearing. He stated that <br />there has been a water problem. The record of the Federal <br />Government shows that during 1975 we had unusually heavy <br />rainfall, 35.15 for 1975, while the average is 26.2. He <br />further stated that the area around here has very poor soil. <br />He objected to the shopping center being assessed, and stated <br />that any proceedings that are made tonight to assess is <br />contrary to law. They will seek relief in District Court. <br />He gave his address and stated that he would like to be <br />advised of anything further on this particular matter. <br />The administrator stated that Mr. Frisch had received a copy <br />of a letter inviting the property owner to the April 26 <br />meeting at which the feasibility report was submitted. However, <br />no representative of Paster Enterprises attended that meeting. <br />Mayor Johnson stated that Mr. Frisch's client has not lived <br />up to many things that he has agreed to. Last spring we had <br />a real emergency and some restoration had to be made to some <br />of the neighbors near the shopping center. We have had many <br />false starts, and nothing gets done. Mayor Johnson pointed <br />out that Paster Enterprises was going to construct a drainage <br />pipe and it has not been constructed. Holding ponds were going <br />to be pumped but the city has to call each time they need pumping. <br />Mr. Frisch stated that those were half truths. He does know <br />there is an automatic pump at the present time and they are <br />functioning. There were originally some problems because of <br />the sand. He felt he did not want to respond to anything <br />as there have been other reasons why they were not done. <br />Mr. Frisch stated that even your engineer says your past <br />plans cannot be completed. We have an extremely delicate <br />soil problem and it has to be handled differently. Given <br />