Ames government: Council votes to allow eminent domain use for flood mitigation project
Danielle GehrThe Ames City Council voted 5-1 to allow eminent domain use for a flood mitigation project — though the city will first pursue purchasing the land.
Since the Federal Emergency Management Agency granted $3.7 million to fund the project, the council is required to hold a public forum on potential eminent domain use. The project, which will mitigate flooding along Squaw Creek near the South Duff Avenue bridge, will require total acquisition of two properties and will impact seven other properties.
One business owner, Jim Howe of Howe Welding and his wife, Piper Wall, expressed their concerns with the project at Tuesday's City Council meeting.
"I'm sure I'm kind of a fly in the ointment here but I guess a couple of things that concern me is, we keep building up and building up ... but now we want to solve the problem," Howe said. "I'm sure we're gonna lose on this deal, but we have got to quit building on a flood plane if we are trying to mitigate flood problems."
Howe said he is concerned the project will cause more flooding issues for their neighbors downstream, but Ames municipal engineer Tracy Peterson said the city will pursue future projects to resolve this issue.
Councilmember Tim Gartin asked if the functionality of Howe Welding would be impacted by losing the portion of the property needed to complete flood mitigation. Peterson said everything within the impacted area is moveable.
Wall referenced a 2016 email they received from the city that said there would be opportunities to address specific concerns with the plans.
"We're now in (January) 2021 without specific plans," Wall said.
Peterson said at the meeting their team is very close to finishing the plans but is fine-tuning the hydraulic model.
A property owner in the area Gary Schweiger, of Cedar Rapids, said Peterson and other city staff members have been "quite responsive" to his questions. Schweiger owns RL Enterprises and leases the property where Red Lobster is located.
Schweiger will lose roughly 16 parking spaces, he said, where a retaining wall is planned.
"I understand the reason for the mitigation project," Schweiger said. "I am concerned how I will be remunerated for the loss of my property or at least part of my property ... and the long-term effect on what is really a nicely situated commercial property."
The city will work with appraisers before deciding on an offer for property owners, Peterson said.
"Our intent is to (pursue) voluntary settlement and to negotiate with people," Peterson said.
Wall said she is against the use of eminent domain in this circumstance because it does not benefit the community but a set of businesses. Ames City Attorney Mark Lambert said the use of eminent domain for this project would serve a public purpose, making the use legal.
Councilmember Gloria Betcher, who consistently voted against the project aside from accepting FEMA funding, was the one dissenting vote.
For city documents, council agendas and information on future meetings, visit cityofames.com for more information. Find recordings of past meetings or watch future meetings live at youtube.com/AmesChannel12.
Danielle Gehr is a politics and government reporter for the Ames Tribune. She can be reached by email at dgehr@gannett.com, phone at (515) 663-6925 or on Twitter at @Dani_Gehr.