WILLMAR -- A motion that would have directed city staff to negotiate the purchase of the flood-damaged Warren and Jan Lee Jorgenson home at 1000 Kandiyohi Ave. S.W. died in a 3-3 vote by the Willmar City Council Monday night.
The motion was offered by Steve Gardner and seconded by Ron Christianson. They represent the Second Ward where the home was damaged by flooding from a heavy rainstorm the night of Aug. 20.
Voting to support the motion were Gardner, Christianson and Jim Dokken.
Voting against were Doug Reese, Denis Anderson and Bruce DeBlieck.
Council members Rick Fagerlie and Cindy Swenson were absent.
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Discussion of the motion had not been included on the council's advance agenda. However, Gardner asked Mayor Les Heitke at the beginning of the meeting when he requests additions or deletions to the agenda to discuss the Jorgenson property at the end of the agenda under "miscellany.''
Gardner said the Jorgensons need to be able to do something with their property, which the city condemned after flooding caused part of the foundation to collapse. Also, Gardner said purchase of the property would serve a public purpose as possibly the site of a storm water detention pond or a rain garden demonstration area.
Christianson said he wanted to do something about the persistent flooding problem in the area of the low-lying intersection where the Jorgensons' house sits. Christianson said the city has paid for storm water studies and nothing has been done.
"We need to act and it will help alleviate some of the problem over there,'' he said. While some council members said they feared the purchase would set a precedent, Christianson said the precedent is "we're finally doing something.''
City Attorney Richard Ronning told Heitke the mayor could either vote to break the tie or let the vote stand. If Heitke let the vote stand, the motion does not pass, Ronning said.
Heitke said he would let the vote stand after hearing Ronning say that if a public use could not be shown that would be benefited by buying the property, buying the property amounted to nothing more than a gift and would be illegal.
Reese questioned the public purpose. He thought the house could be repaired, and he said the city has infrastructure to deal with storm water situations. He said the city is trying to make some changes to alleviate some of the flooding problems.
"I don't think there is any fault on the city's part that the flooding occurred,'' Reese said.
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Gardner said he didn't mean to say the city is at fault.
"We have a history it seems of not being able to make whatever it is that we've been doing work in that area,'' he said.
Council member Denis Anderson said he was concerned about the legality of the issue and spoke against the motion.
"We're working on a storm water detention plan, looking at different options for that,'' he said. "It seems like we might be jumping the gun. If we can solve the problem the way that we have laid it out, seems like that's what we should do. If that doesn't work, then maybe we should look at other options.''
DeBlieck raised the issue of precedence of other flooding victims asking the city to buy their property.
Gardner said the Jorgensons' situation was extremely unique.
Public Works Director Mel Odens said he had recommended in his October report that four to six homes should be bought at the intersection of 10th Street and Kandiyohi Avenue to provide sizable flood detention. But he said anything done "on an incremental basis'' in the drainage area will help.
After the meeting, Warren Jorgenson told the Tribune he was concerned about Ronning's opinion.
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"I think we'll meet with the homeowners down there and see what are our options are going to be,'' he said.
