As of the evening of Nov. 21, four properties (represented by cross hatches) in the North Vine Street Corridor project have not reached an agreement with the city of Hays regarding acquisitions of easements and rights of way. The city could begin condemnation proceedings next week.
By BECKY KISER
Hays Post
Four property owners have not yet reached an agreement with the city of Hays for acquisition of easements and rights of way necessary for the North Vine Street Corridor Improvement Project.
City commissioners Thursday night reviewed an ordinance authorizing condemnation proceedings against the owners of the real estate.
The ordinance would take effect upon its adoption and publication in the official city newspaper, the Hays Daily News. A petition would then be filed with the court.
"Everything has been resolved that we can," John Bird, city attorney, said. "Then there are a few that could still theoretically fall out before the next meeting."
The commission will meet in regular session Tuesday, Nov. 26, due to the Thanksgiving holiday. Adoption of the ordinance will be on the agenda.
The bureaucratic process has slowed response from some property owners.
Paperwork from a different property owner arrived at city hall just Thursday, according to Bird.
"There is one counteroffer on the table to discuss," added Toby Dougherty, city manager.
The largest amount of property required is for extension of West 27th Street through the location of the former Ambassador Hotel, which has been razed and is now a vacant lot.
"The other three are basically just corners of the lots," said John Braun, city project manager.
The other three are properties are Pheasant Run restaurant, Golden Ox truckstop and the Super 8 motel.
"We're not taking any buildings, no businesses," Braun clarified.
Commissioner Eber Phelps said he had talked with residents earlier in the day who are concerned about the issue of eminent domain.
"I pointed out that compensation was offered to every property owner. In addition to that everybody has an opportunity for a counter offer," Phelps said. "It's not like we're going in and scraping an area out. We're just taking a small piece."
Bird reminded commissioners they had directed city staff to work with WSP engineers, Lenexa, in designing the corridor improvements to take the least amount of land from private property owners.
"It is absolutely being done to according to the law and also taking into account some of the human factors brought to us early on.
"We redesigned one of the intersections pretty significantly to make sure we did not create a taking that would have been from our point of view, expensive, but from their point of view, destructive," Bird said.
City commissioner Sandy Jacobs says she looks at the project as something that will keep Hays economically sound and accommodate its growth.
"We're not doing this lightly," Jacobs said. "I'm really proud of our staff and the engineers and how they've been able to go about this and take the slightest amount possible from anybody."
KDOT has set a deadline of Dec. 6 for right of way clearance for the project.
Bid opening is scheduled for the KDOT project is March 25, 2020 with a construction start in May or June of 2020.
The project design is just wrapping up, according to Dougherty. Shaun Musil, vice-mayor, asked if the design could change.
"No, not unless the commission tells us to change it," Dougherty answered. "It is what it is."
"We're acquiring land. It's been designed for the land the commission is in the process of acquiring and what we have acquired access to."
Musil wanted to confirm the project designers are sure "this is the right way to do it."
Three design/engineering groups looked at the project, Dougherty reminded the commission.
"We took the concept. We hired WSP as our engineers to design the project. They hired a group called Kittelson & Associates to check their (WSP) work. And we also had KDOT looking over our shoulder because anything we came up with had to pass KDOT muster."
Dougherty added that KDOT has somewhat analogous situations across the state.
"They're looking at the solutions we're putting in place here to see if that's something they can scale and put into those other areas.
"So, there were a lot of engineers looking at this," Dougherty said, "trying to find the most efficient way to do it."