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Council denies undergrounding waiver for East Court Avenue building but allows staff-negotiated timeline
Summary
Des Moines denied an appeal by the Iowa Motor Carriers Foundation to waive undergrounding of overhead utilities at 717 E. Court Ave., directing staff to work with the applicant to seek a coordinated undergrounding solution and allowing up to a three-year timeline to attempt neighbor participation before enforcement.
The Des Moines City Council on Nov. 4 denied an appeal by the Iowa Motor Carriers Foundation seeking to waive the city's undergrounding requirement for overhead electric lines in the East Village corridor. Brenda Neville, who identified herself as President/CEO of the Iowa Motor Carriers Foundation and owner at 717 East Court Avenue, said the foundation had worked on the project since August and described an estimated $189,000 cost as a hardship for the nonprofit.
Eric Cannon, representing Snyder & Associates on behalf of the applicant, told council staff had worked with the applicant but that the project exceeds the staff—s typical 10% economic-hardship threshold (the applicant estimated about 13%). Planning staff noted the property lies within an undergrounding district and that the property is the first to trigger compliance; staff described three utility poles in front of the property and two in front of the neighboring parcel.
Council discussed voluntary coordination with the adjacent property owner and the timing constraints of utilities work, including MidAmerican Energy's schedule. The council denied the waiver and directed staff to work with the applicant to seek an economy-of-scale solution with the neighbor; the motion included direction to allow an appropriate time period to achieve coordinated undergrounding, not to exceed three years, after which undergrounding would be expected.
"If you can get MidAmerican out there to do this work...it's more efficient to get all of those utilities buried" a staff member said. Brenda Neville asked whether the work could have been done while Court Avenue was reconstructed earlier; she said the city had not required it then. The motion to deny and the staff-direction amendment carried 6–0.
Staff follow-up will include working with the applicant and voluntary neighbor participation; the council noted the timeframe is subject to utility company coordination and may require adjustment.
