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08-20-1991 Special Meeting MinutesSTATE OF MINNESOTA A special meeting of the City COUNTY OF WRIGHT Council of the City of Otsego CITY OF OTSEGO was held this 20TH day of August 1991 at 7:OOPM. Norman F Freske, Mayor, Douglas Lindenfelser and Floyd Roden, Council Members, Jerome Perrault, Clerk, Elaine Beatty, Deputy Clerk, Lani Will, Former Deputy Clerk, Bill Radzwill, and Andy MacArthur, Attorneys, Pete Raatikka, Engineer, Don Leuer, Appraiser, and Malcolm Watson, a Certified Appraiser, were present. The meeting was called to order by Mayor Norman F Freske. The purpose of the meeting was to discuss the upcoming trial on the lawsuit against the Town of Otsego by 19 residents of the Hall's Watershed area protesting their assessments for the Storm Drain put in late Fall of 1986. Halls Addition was developed in the middle 1970's after being approved by the County Commissioners even though the Otsego Town Board at that time, were opposed to it being developed and when water problems developed, the County Commissioners refused to be of any assistance. Malcolm Watson asked what role Don Leuer had played in the assessment process? Bill Radzwill explained that Don had viewed the area and assisted the Town Board in determining who benefitted from the Storm Drain and to what degree. He told Mr. Watson that he wants him to check the records of Don Leuer and Pete Raatikka (who engineered the Storm Drain Project) before the trial to familiarize himself with the project. Mr Watson asked why the residents who were protesting the assessments were scattered thru out the Halls Watershed area. Bill Radzwill explained to him that their Attorney, Felix Minella, was present at the Assessment Hearing and went around signing up those who were protesting the assessments. Bill Radzwill advised Pete Raatikka to have his survey maps with him and when he is called on to testify at the trial, he wants him to explain the perimeters of Halls Watershed and how he determined them. He further advised him that he wants him to stress at the trial that the drain was put in to benefit the whole watershed and not just the area around Halls Pond. We want to focus on the fact that we benefited the whole watershed. Bill Radzwill advised Clerk Jerome Perrault that he will be calling him to testify as to the accuracy of the Minutes of the Town Board Meetings pertaining to the Storm Drain and the Assessment Hearing. Bill Radzwill also advised Norman F Freske, Doug Lindenfelser and Floyd Roden who were on the Town Board when the Storm Drain was put in, that he wanted them present at the trial to testify in case he would need them, and also Lani Will, who was Deputy Clerk when the Storm Drain was put in, and Elaine Beatty, who was Deputy Clerk at the time of the Assessment Hearing. Malcolm Watson said that when he is called to testify, he will be making a statement of what constitutes an SPECIAL CITY OF OTSEGO COUNCIL MEETING OF 8-20-91 AT 7:OOPM- PAGE 2 - assessment. He said he has viewed the properties of those protesting the assessments, has their current property values and will be comparing those to the market values of recent property sales in the area. He will be comparing property values after the drain is put in as to what they would be without the drain. The trial is scheduled for Monday, August 26, 1991 at 9:00 AM in the Wright Co Courthouse. On motion the Special Council Meeting adjourned. FLOYD R DEN, COUNCIL RON$-LD G BLACK, COUNCIL JP/eb DENFELSE LARRY F WRNIER , C UWCIL` COUNCIL ATTEST: JEROME PERRAULT,CLERK