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Otsego resident urges city to address backyard culvert, cites as-built drawings and drainage manual
Summary
At the Sept. 9 Otsego City Council meeting, resident Kenny Reisenan presented as-built drawings and said a culvert at his property was installed in 1997 (not 1972) and that the Minnesota Public Drainage Manual obligates the drainage authority to maintain free flow; the city attorney cautioned handling questions through counsel because of threatened litigation.
Kenny Reisenan, a resident of Second Street Northeast, used the City of Otsego’s open forum on Sept. 9 to press the council about a culvert and ongoing water flow across his backyard, saying he now believes the structure was installed in 1997 and that city maintenance responsibilities may apply.
Reisenan told the council he had reviewed Heritage Hills “as-built” drawings and said the plans—now held by Landform, which acquired the original designer—show 50 feet of 15-inch corrugated metal pipe (CMP) installed to drain into an outlot/pond west of the development’s drainage easement. He said grading changes and fill in the drainage easement have altered flow patterns and that exhibit material he provided includes elevation numbers and a sketch of his lot.
“The culvert is legal, and it was installed in 1997, not in 1972,” Reisenan told the council, adding that the as-built drawings and Landform records support that timeline. He asked the council to review the files if necessary and said he had copied guidance from the Minnesota Public Drainage Manual that, in his reading, obligates the drainage authority to maintain drainage units to allow free and unobstructed flow of water.
A city attorney (unnamed in the record) responded during the exchange by cautioning that Reisenan had mentioned consulting an attorney and had, in the attorney’s words, threatened litigation. The attorney said that because of threatened or potential litigation, staff should handle questions through counsel or through formal public-record requests rather than engaging in an extended on-the-record Q&A that might affect legal positions.
Ron Wagner, who described street and drainage work later in the meeting, told the council he was not sure of the culvert’s installation date when first asked during the public comment period.
Reisenan said the as-built drawings (exhibit B) and his annotated sketch (exhibit C) show drainage elevations and the intended outlet point, and he asked the city to confirm whether city records or Landform retain the original documentation. He concluded his remarks by urging the council to consider the drainage manual’s maintenance obligation.
The council did not take formal action on the complaint during the meeting. The city attorney recommended formal records requests or counsel-to-counsel communication if litigation is contemplated; Reis enan provided exhibits and asked for staff follow-up.
What happens next: The council did not vote on any repair or enforcement action during the Sept. 9 meeting. Reisenan said he had contacted Landform and the council was asked to confirm whether the city holds additional records; the record does not show a staff assignment or timeline for follow-up.
