ITEM 3.6 ISD 728P
Otkzo
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Public Works
City Engineer Wagner
August 14, 2017
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent Agenda
City Administrator Flaherty
3.6
AGENDA ITEM DETAILS
RECOMMENDATION:
Approve Agreement between Property Owner (PID 118500302101), ISD #728, and City of Otsego
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROUND/JUSTIFICATION:
After the completion of the new Prairie View School near 80th St, the overflow of the storm pond changed
the dynamics of the storm water conveyance in a way which caused burden to the property of
118500302101. Although the storm pond was constructed to the requirements of the City of Otsego,
which is to match runoff rates pre and post construction, the overall volume is greater. Directly
downstream of the schools storm pond, is a depression almost an acre in size. During rain or even
irrigation events the discharge from the storm pond inundates the area. In the past the existing seepage
drain tile was able to handle most events in a timely manner. With the additional volume caused by the
new street and the new school, the existing draintile cannot keep up and the hay field is flooded approx.. 2'
deep and for such a time the hay has been drowned out. The property owner has agreed to a one-time
payment for the loss of crops, now and in the future. The property owner owns the 10 acres with his wife
outright and is working with his siblings to sell an adjacent 70 acres to housing developers. When this
occurs, the developer will be required to replace the antiquated seepage drain tile with modern storm
sewer.
The City Attorney has drafted an agreement which the ISD #728 has agreed to. The property owner has
agreed to a one-time $500 payment in lieu of determining the exact location of the drain tile and bringing
an open drain to the surface to take water faster. This was deemed to be more costly of a method of
repair and not necessary due to the impending development.
The agreement is that the $500 is paid by ISD #728 to the property owner. The City of Otsego will pay for
the cost of writing the agreement. The City's responsible portion of this is a portion of 801h Street drains to
the storm pond.
It is staffs opinion that all involved are being very reasonable and it is an amicable solution.
I SUPPORTING DOCUMENTS ATTACHED: I
• Plans showing Prairie View School Storm Pond
• Agreement signed by ISD #728
• Location Map with area of inundation approximated
• Current photo of inundated area of PID 118500302101
PORRIRI F MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to approve agreement between Property Owner of PID # 118500302101, ISD #728 and the City of
Otsego.
RI IIIC.FT INFORMATION
FUNDING: BUDGETED:
ISD #728 No
AGREEMENT AND RELEASE
AGREEMENT made this 21 day of July, 2017 by and between Lyle F. Vetsch and Nancy J. Vetsch,
property owners (collectively OWNER), the City of Otsego, a Minnesota Municipal corporation (CITY)
and Independent School District N. 728, a political subdivision of the State of Minnesota (DISTRICT).
WHEREAS, OWNER owns certain property located in.the City of Otsego, Wright County, Minnesota and
legally described as follows:
The North 1034.00 feet of the West 421.36 feet of the Northeast Quarter of the Northwest Quarter of
Section 30, Township 121, Range 23, as measured along the North and West lines of said Northeast
Quarter of Northwest Quarter.
WHEREAS, OWNER believes that portions of his property have been periodically under water due to
discharge from a storm water retention pond on the adjoining DISTRICT property; and
WHEREAS, DISTRICT has complied with the typical standards for sizing of the retention pond and outlet
rate control for the storm water retention pond which is to match pre -outflows to post -outflows ; and
WHEREAS, DISTRICT and CITY do not agree that the storm water retention pond is the primary cause of
flooding on OWNER's property, but agree that it may be a partial cause: and
WHEREAS, DISTRICT and CITY acknowledge down- stream drain tile may not keep with more continuous
outflow from retention pond due to higher irrigation needs and above average rainfall.
WHEREAS, the Parties have reached an Agreement regarding the issue.
NOW, THEREFORE IT IS AGREED between the Parties as follows:
1. DISTRICT shall pay to OWNER $500.00 as full and complete compensation for any and all crop
damage or damage to OWNER's property previously occurring and into the future. OWNER
agrees that this payment will serve as total and final compensation for any damages now alleged
or that may be alleged in the future.
2. OWNER hereby releases and forever discharges CITY and DISTRICT from any and all claims or
causes of action for flooding or damage to OWNER's property arising from .the retention pond
on DISTRICT's property.
3. This Agreement is a complete recitation of the Agreement between the parties which
supersedes any previous agreement either written or oral.
4. This Agreement is subject to and governed by the laws of the State of Minnesota.
OWNER
Lyle F. Vetsch
Nancy J. Vetsch
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
INDEPENDENT SCHOOL DISTRICT NO. 728
41, By: Cg C60tZ 1IEN�Its ExEC1171✓E A,&676A OF Qvf �N �Sf
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
Subscribed and sworn before me this_ day of July, 2017 by
Lyle F. Vetsch and Nancy J. Vetsch, property owners.
NOTARY PUBLIC
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
Subscribed and sworn before me this _ day of July, 2017 by
Jessica Stockamp, Mayor and Tami Loff, City Clerk of the City
Of Otsego with authority and on behalf of the City.
NOTARY PUBLIC
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
Subscribed and sworn before me thiI &�day of July, 2017 by
Gtr2si�vti %f iL� the EYC([&t 1)4-v- of Independent
School District No. 728 with authority and on behalf of the District.
NOTARY PUBLIC
IO'O
NDA CHAMBERS
Notary Publ10j n)sotaMy Commleslan Ezpftas Jan 81, 2020
DRAFTED BY:
MACARTHUR LAW OFFICE
3601 Thurston Avenue N. .
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