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