MacKenzie Elmer

melmer@dmreg.com

The Hawthorn Grove is scrappy.

Located along the railroad tracks in the southeast bottoms, it's home to a smattering of abandoned houses and long-forgotten cars. Its most prominent attraction: a recently renovated used car and salvaged auto parts lot.

On first blush it is easy to see why the city of Des Moines has picked it as the site for a new public works storage yard.

But nestled among the industrial sheds and chain link fences is a small stone church at the corner of Southeast 15th and Shaw streets.

Last week, the Rev. Jordan P. Rabon and Jamel Kirby stood outside King of Kings Missionary Baptist Church trying to decide when to tell the congregation about the city's plans to use eminent domain to take the church's property. The men fear it could spell the end of their flock.

“God-fearing people are going to go to church on Sunday, and if we’re not here, they’re going to go somewhere else,” said Kirby, the church's treasurer.

The Des Moines City Council initiated eminent domain proceedings April 17 for 57 properties south of Scott Avenue and east of Southeast 15th Street. The city plans to build a $70 million municipal services center on 19 acres there to house public works equipment and other pieces of large machinery.

The city's Public Works Department is currently located along four blocks in the burgeoning Market District, south of East Court Avenue and the East Village. City leaders are anxious to move the department's assortment of vehicles and equipment to make way for businesses development in the up-and-coming area.

"We have plenty of private developers interested," Matt Anderson, assistant city manager, said during a meeting last month.

Federal officials also are considering a portion of city-owned land near the public works facility for a $137 million courthouse. An announcement on where it will go is expected by the end of summer.

Construction on the new public works facility could begin as early as this year, but that depends on how willing and ready property owners are to move out of Hawthorn Grove.

Eminent domain

"Eminent domain can take months if not a full year because there’s plenty of protections for the property owners — rightfully so — under state law," Des Moines City Manager Scott Sanders said. That’s why the city is starting the process now.

Sanders said the city would like to acquire the land as soon as possible so the first phase of construction, on the eastern half of the property, can begin soon. City plans indicate construction would be complete by 2020.

Business owners have known about the city’s interest in their land for a while, but the decision to start eminent domain proceedings was still a surprise to many.

“This rumor has been going on for 20 years down here … so I haven’t really looked for a new location,” said Kenneth Miner, who owns two properties that he rents to local businesses.

“My other job went away, so now it’s basically my income. I’d hate to see it go away, especially as I’m starting to raise a grandson,” he said. “If they could find me another piece of property, I’ll take it.”

The city has budgeted $4.7 million to compensate and relocate businesses.

“My neighbors and I don’t think that’s enough,” said Donald S. Haugh Sr., who owns 26 properties in the targeted area. “That’s my 401(k), my pot of gold, and I don’t want to have it stolen from me.”

Bob Perkins, owner of Perk’s Auto Spa, rents space from Miner. He started his car-detailing business out of his grandmother’s garage before moving to Southeast 15th Street.

“This is my kid’s college education,” Perkins said.

The city must offer property owners fair market value for their land, but exactly what constitutes fair market value is up for debate.

An independent appraiser, hired by the city, will walk through properties and offer a price.

King of Kings' property is worth $253,000 for the land, the stone church and an addition built in the 1980s, according to the Polk County assessor.

“We gotta use that as a baseline because worst-case scenario, that’s what (the city) will offer,” Kirby said.

Property owners can hire their own appraiser to challenge the city’s offer. But the church doesn't have money in its budget to hire a property appraiser or, as a last resort, attorneys to defend its interests in court.

“You’re asking us to relocate a church, which is a lot different. With a business, I just go online or in the paper and announce our new address. With a church, you can’t not be open for service,” Kirby said.

Phil Wageman, the city’s real estate manager, said the city will do everything it can to work with property owners, even hire a second independent appraiser to offer a price comparison. The city must also provide relocation assistance to property owners.

"We can't tell them where to go. We can give advice, but it's their decision, and we would help pay the cost for relocation," Wageman said.

If the city can't come to terms with property owners, it can begin the condemnation process. Property owners can, and have, taken governments to district court over eminent domain decisions.

"It's not our goal to use condemnation," Wageman said.

Des Moines uses eminent domain frequently to acquire partial or whole properties, like the project at East 42nd Street and Hubbell Avenue. The city is working with Kum & Go to acquire a gas station there for an intersection improvement.

What is a municipal services center?

The municipal services center planned for the southeast side would be the city's second such facility.

One already exists at 1551 E. Martin Luther King Jr. Parkway. It houses the Park and Recreation Department, city vehicle storage and conference rooms. It's also the temporary home to the City Council chambers while City Hall is under renovation.

The new facility would provide indoor storage for the remainder of the city’s street vehicles, including garbage trucks and salt spreaders.

It’s industry standard nowadays for city public works departments to have indoor storage, said Jim Hoff, the city's facilities manager. Right now, the city must plug in all of the diesel vehicles it parks outdoors to keep them warm during the winter. Workers have to idle the vehicles for 10 or 15 minutes in the winter, clean them off and scrape them down.

“When you have 220 vehicles, that can add up pretty quick,” Hoff said.

The city estimates indoor storage will save $700,000 annually on vehicle maintenance and fuel costs.

As the city approved the eminent domain proceedings last week, Councilman Chris Coleman questioned how those cost savings would appear to residents in light of the city spending $70 million to build the new facility.

“As we get closer to raising people’s taxes in order to pay for this … I think a lot of our citizens are going to say: There’s a lot of people in town that don’t have a place to live. We’re going to have a building for our trucks so they’re not outdoors all day,” he said. “I think it will be significantly controversial as we get closer to having to vote for that.”

According to the city manager, the city shouldn't expect to break even on the new facility.

“It’s a service we’ll be providing,” he said.

Hoff said the city looked at several sites where it could move the municipal services center, including one just east of the other facility on East MLK Parkway.

“The reason why we didn’t think that one was more desirable is because it penned you in. There’s no room for expanding anymore,” Hoff said.

The Hawthorn Grove​ location gives the city the option to grow.

On Sunday, the King of Kings congregation learned about the city's plans for its land. Church member Linda Carter-Lewis said members took the news well, even summoning a few "amens."

"It’ll be a good opportunity to relocate and possibly embrace to a fuller degree some of the visions that the pastor has," Carter-Lewis said Monday. She was married to the church's former pastor, Irvin Lewis Sr., who died in 2010.

Her husband knew the city had an interest in the property, but the church felt reassured enough three years ago to make some costly renovations.

She said she hoped the city could work out a positive solution “because these people haven't chosen to move.”

Public hearing

The Des Moines City Council voted to begin eminent domain proceedings Monday, but due to a procedural error it will open the matter for public comments during a May 8 meeting before voting again. The City Council meets at 4:30 p.m. at 1551 E. Martin Luther King Jr. Parkway.