NEW ULM - Spring flooding took up a large portion of the New Ulm City Council's meeting on Tuesday.
The motion was whether the City of New Ulm would continue to only providing sandbag material to residents, or whether it would construct a temporary clay berm to protect at risk properties.
City Manger Brian Gramentz stated that flooding was likely this year, but it is difficult to predict its severity.
The Council discussed the construction of a clay berm to protect at-risk properties along the Minnesota River. The berm was estimated to cost $350,000.
Gramentz explained that the City was in an unique situation regarding the funding of a berm.
Previously, the City was reimbursed for emergency procedures in the '97 and '01 floods by FEMA.
However, Gramentz explained that the City only received the funding because the berms protected infrastructure and only coincidently protected properties. Since that time, the City has improved protection of infrastructure, like making the sewer water-tight, to the point that it is no longer at risk. He said the City wouldn't be able to make a strong case that the berm was protecting infrastructure. He said that it was unlikely that FEMA would reimburse the City for only protecting property.
The Council discussed maintaining its stance of only supplying sandbag material. Councilors asked several questions about the City's sandbag status.
Street Commissioner Tom Patterson said there are 100,000 sandbags in storage and that it would be easy to obtain more if needed.
Citizens expressed confusion over whether the Council was turning down the berm project for this spring.
Ted Marti, owner of Schell's Brewery, addressed the Council, stating he need a definitive decision about the berm.
"My problem isn't that I can just find another warehouse if I flood. I need to know now what the City will do so I can prepare," said Marti.
In response, the Council moved to split the motion into two motions: approving continuation of supplying sandbags and a discussion on whether to build a berm. The first motion passed.
After the vote, councilors began discussing the consequence of building or not building a berm.
The consensus was that it was unlikely the berm would be built, especially with budget restrictions and a lack of FEMA funds.
Councilor Les Schultz said the City's challenge was it couldn't afford to build a berm if the flooding was light, but it needed it if the flood was catastrophic. He said that the uncertainty over the flood levels made the City unable to build.
Gramentz said the berm could not be maintained long term. He said that if the City moved to build the planned levee, temporary constructions would have to be removed.
Councilor Ruth Webster said that City had made previous efforts to solve the problem, including offering to buy the most at risk properties, but none had been successful.
Councilors also discussed actions needed if sandbagging failed. Gramentz explained that a flooded house could drain into the water-tight sewer and flood it.
He said that the City's likely action would be to enter private property and plug the drains. However, he said legal research was still needed.
City Attorney Hugh Nierengarten said it was likely that the City had the right to protect its utilities.
Mike Hasse, of New Ulm, addressed the Council. He asked why the Council thought it had a right to enter public property and plug the drains, which he said would destroy a flooded building's basement.
Nierengarten said that the City had precedence with other actions that the courts supported. He also said that the City recommended people buy flood insurance for potential damage.
Hasse asked if the owners of plugged houses would be compensated because flood insurance only covers the replacement of the hot water heater and the furnace. He said that the cost of rebuilding a basement would be more than those items.
Hasse said that he would oppose any action by the City to enter his home and plug his drain.
"I'm gonna fight you if you try to enter my house. That's my personal property," said Hasse.
No motion was made to construct a berm, so no action will be taken.
After the meeting, Marti said that the Council's decision put him in a difficult position. He said that he would have to look for another location to store brewery products or he would need to construct his own berm. He said both would be difficult.
In other business, the council discussed the future of the Minnecon Park trail.
(Josh Moniz can be e-mailed at jmoniz@nujournal.com)