HomeMy WebLinkAbout~Master - Special Meeting of the Ames City Council 07/21/1993MINUTES OF THE SPECIAL MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA JULY 21, 1993
The Ames City Council met in special session at 5:00 p.m., July 21, 1993, in the City Council
Chambers in the City Hall, 515 Clark Avenue, pursuant to law with Mayor Curtis presiding and the
following Council Members present: Brown, Campbell, Hertz, Hoffman, Parks, and Wirth. Mayor
Pro Tem Parks called the meeting to order.
KING'S CITY MOBILE HOME PARK: City Manager Steve Schainker explained that this
meeting was called in order to discuss and determine the specific needs of King's City Mobile
Home Park residents following the recent flood. He further explained that the City has received
numerous questions from residents and the park owner in terms of repairing existing units or
replacing damaged homes by moving new ones onto the site. The City's flood plain ordinance
in place is currently in accordance with the Federal Emergency Management Agency (FEMA)
standards; however, if the City chooses to move outside these provisions, that action may place
all of Ames in jeopardy in terms of flood insurance.
Mayor Curtis arrived at 5:10 p.m.
City Attorney John Klaus has made numerous contacts with FEMA representatives regarding
the situation at the mobile home park. The discussion centered around the immediate issue of
whether a homeowner is allowed to repair an existing unit or if a new replacement can be
brought onto the same site. Mr. Klaus reported that in visiting with the FEMA contacts, the
news was not encouraging.
At this time, discussion was held regarding the "substantial damage" provision of the flood plain
ordinance. According to this provision, any home which experienced substantial damage in the
flood plain may not be repaired or replaced unless it is elevated to one foot above the base flood
level. However, a home may be repaired if it is proven not to be substantially damaged.
FEMA's determinant of substantially damaged is based upon the ratio between the market value
of a home prior to the flood damage and an estimate of the cost to repair the home. If the cost
to repair a unit is 50% or less of the determined market value, then a homeowner is allowed to
repair the existing factory-built home. If the damage is determined to be more than 50%, a home
can not be restored unless it is elevated to one foot above the base flood elevation. It was
reported that the base flood elevation at King's City Mobile Home park is approximately 7 feet
higher than where the park's grade is at this time.
Discussion was also held regarding replacing the damaged unit with a new one. As the
ordinance now claims, new factory-built homes would not be allowed into the park that would
be situated at the same elevation as the damaged unit. City Attorney Klaus informed those
present about a possible loophole with respect to those homes that were not on "permanent
foundations" and FEMA's, as well as the ordinance's, lack of a definition of this term. Since
factory-built homes are not constructed with a permanent foundation, it was a possibility that
the requirement of homes being elevated "such that the permanent foundation of the structure"
is placed one footabove the base flood elevation may not apply. Upon discussions with FEMA
agents, it was evident that they would not condone an interpretation of the flood plain ordinance
exempting mobile homes that were not on permanent foundations. Mr. Klaus explained that if
the City chose to interpret the ordinance with the proposed loophole, all of Ames' citizens would
be at risk in obtaining flood plain insurance.
Mr. Klaus explained that there was a related matter that pertained to a possible change in the
City's ordinance. In accordance with FEMA, there was a recent change in federal regulations
that would, under certain circumstances, allow new mobile homes to be brought onto the site and
elevated only 36" above grade rather than having to be above the base flood elevation. Under
this new provision, a new unit could be brought onto the site without raising it one foot above
the base flood elevation if the new unit is not brought in for the purpose of replacing a unit that
was substantially damaged by the flood. Mr. Klaus further explained that this policy would not
resolve any problems for those units that are substantially damaged, but would allow some
leeway for those homes not qualifying as substantially damaged.
Much discussion was held regarding the assessment procedure for determining which homes are
substantially damaged. It was determined that blue book values as well as the value assessed
by a realtor would be considered. City Attorney Klaus explained that the City would consider
any evidence that was credible in value. The City would have the burden of making the decision
in determining whether a home had incurred substantial damage, and the values would then be
submitted to FEMA.
Flood insurance coverage was discussed. Council Member Brown stated that she did not want
to encourage people to relocate in areas that were considered high loss regions. There would
be the probability that insurance companies would exclude these areas in obtaining flood
insurance that have sustained high damage.
Eric Immerman, 1006 South Dayton Ave., #34, reported that his home received flood water
underneath the structure, but it did not enter the interior. He indicated that his unit was not
substantially damaged, because he only needs to replace the center section of the underlying
insulation layer, which would cost approximately $300 in damage. He further indicated that the
skirting around his trailer was not damaged.
Jeff Holdorf, 1006 South Dayton, #38, stated that he had received 23 to 25 inches of water inside
his home, however, he believed that he would not qualify under the substantial damage clause.
He felt that his unit could be repaired for around $2,000 and that many of the other homes in
King's City park were saveable as well.
The method of determining market value for the mobile homes was again discussed. City
Attorney Klaus reiterated that as flood plain administrator, the City will use the values to
determine whether substantial damage occurred for each individual home. If the City's
determination is disputed by the homeowner, there is an appeal process through Ames' Zoning
Board of Adjustment.
Marlene Tweten, homeowner of unit #17, stated that she resides in an older mobile home,
however, it is very nice on the inside. Her trailer skirting stayed intact, and it was her feeling
that her home was not substantially damaged. She asked the Council to allow the residents to
repair their homes and to stay in the park. Council Member Brown informed her that all
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homeowners located in King's City Mobile Home Park are allowed to move their units to other
parks, as FEMA's provisions apply only to flood plains.
Jan Laville, resident of unit #16, questioned who made the decisions as to where sandbagging
was needed and why was there no call for sandbagging at King's City Mobile Home Park. City
Manager Schainker indicated that the the City Manager and/or certain Staff members were in
charge of the Flood Disaster Team at given times. Mr. Schainker explained that this crisis was
one that exceeded anything in the past, and areas such as the South Duff and South Riverside
areas had sustained flood damage in the past. He further explained that the City granted private
requests for sandbags wherever they were needed. It was noted that the City does not make the
decision where to sandbag and that no City crews were out delivering the bags to any one
location.
Bill Ridnour, 1006 South Dayton, #21, stated that his home was totaled. He was three days
away from buying a new unit and moving it back onto the existing site. Mr. Ridnour indicated
that his insurance agent claimed it was totaled, but he was not given an exact dollar figure.
Council Member Wirth explained that, due to FEMA regulations, the only way to tell whether
his home was substantially damaged was to compare the market value prior to the flooding to
the cost of repair. Council Member Parks stated that the only way Mr. Ridnour was able to
move a new unit onto the existing site at this time would be to elevate the new factory-built
home to one foot above the base flood elevation.
Kim Sharp, 1503 Top-O-Hollow Road, stated that he was the owner of King's Mobile Home
Park. He further stated that the flooding that occurred in the park was totally unexpected, but
that there had to be some sort of structural problem for this to have happened and that something
had to have pushed the water back up into the park.
In reference to the "50% substantial damage rule", Mr. Sharp explained that he knew of a person
who would be able to give estimates and repair all of the damaged homes at a cost of
approximately $2,000 per unit. He pleaded with the Council to allow the park to stay open as
he offered many Ames residents affordable housing. City Council members agreed that the
quicker the market value and repair information comes into the City, the quicker assessments
can be made and sent in to FEMA. It was further agreed that Mr. Sharp would be working with
the individual homeowners to determine these values for each home.
Discussion was held regarding City officials contacting congressional delegations urging them
to allow residents to use King's City Mobile Home Park.
More discussion was held regarding determination of fair market value and using a consistent
process for estimates of repair.
Moved by Parks, seconded by Wirth, directing City staff to accept fair market values for
homes prior to the flood as presented by real estate agents, blue book rates for factory-built
homes, and manufactured housing industry vendors.
Planning and Housing Director Brian O'Connell stated that whatever method was used, it
needed to be used consistently in treating all properties with the same variables. Council
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Member Campbell indicated that the Council established a precedent after the 1990
flooding wherein the method of giving the most favorable market value was used.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Campbell, seconded by Hoffman, utilizing the Red Cross to assist the City in
notifying all homeowners to contact the King's City Mobile Home Park owner for the
purpose of determining market values and accurate estimates of repair for each home.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Hoffman, seconded by Parks, directing the City Attorney to draft a proposed
amendment to the Ames flood plain ordinance, whereby allowing new manufactured homes
to be brought onto the mobile home park site and elevated only 36" above grade if the new
unit can be brought in for the purpose of replacing a unit that was not substantially
damaged by flooding.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Parks, seconded by Wirth, directing the Mayor, City Council, and City
Administration to urge our congressional delegations to use all available means in allowing
residents use of King's City Mobile Home Park, and to urge them to begin consideration
of larger scale public improvements which would decrease the danger of flooding in Ames
in the future.
Vote on Motion: 6-0. Motion declared carried unanimously.
Council Member Brown left the meeting at 6:45 p.m.
Council Member Wirth asked that discussion of the $950,000 Special Purpose Grant be placed
on the Council agenda for July 27, 1993. She indicated that in view of the flooding at King's
City, she was interested in looking at the development of an area with manufactured and/or
modular housing units to maximize the number of units achieved with this grant money.
Moved by Campbell, seconded by Hoffman, to place on the agenda for July 27, 1993, the
1992-93 Special Purpose Grant for discussion of possible development of a manufactured
housing subdivision.
Vote on Motion: 5-0-1. Motion declared carried unanimously.
COMMENTS: City Manager Schainker informed the Council that because Midnight Madness was
cancelled due to the flooding, they have rescheduled a down-scaled event to be held July 24,
1993. The Council had previously granted Midnight Madness a keg permit as well as the use
of a public parking lot for the 10th of July. It will now be held at Inis Grove, and Mr. Schainker
wanted to make Council aware of the rescheduling of the event.
ADJOURNMENT: The meeting adjourned at 6:55 p.m.
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Jill Ripperger, Deputy City Clerk Larry R. Curtis, Mayor
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