By BECKY KISER
Hays Post
A pre-annexation agreement with BBJ, LLC approved by Hays city commissioners last night is the first step toward development of more commercial properties north of Interstate 70 at Exit 157.
The agreement for four parcels along 55th Street near 230th Avenue - adjacent to the future home of a travel plaza - also governs the construction of infrastructure to serve future development. Improvements to the intersection of 55th and 230th were recently completed.
One tract has already been developed as a Peterbilt dealership and is served by a Hays waterline. All the land is currently outside city limits.
The pre-annexation agreement calls for the city to bid out extension of a waterline and a sanitary sewerline to serve BBJ's developable property.
"These are mains meant to serve not only the property owner's property but the properties also adjacent to the project," City Manager Toby Dougherty told the commission.
The city would pay for the waterline and split the cost of the sewerline with BBJ.
"In exchange for that the property owner agrees to immediately plat everything they own. They will annex tracts two, one and four. Then tract three, which is the Doonan Peterbuilt dealership, would be annexed three years after the installation of the facilities (infrastructure)."
The dealership annexation could be delayed by two provisions, according to Dougherty.
"If one of the other tracts that are currently undeveloped, develops within three years in a retail or commercial capacity, then that annexation would be pushed out to five years.
"If the water/sewer cost comes in at least $30,000 below the $245,000 budget, then we push that annexation out to four years."
BBJ also wants the right upon annexation to come before the commission and request a modification of the Community Improvement District (CID) currently imposed on the property by Ellis County several years ago.
"The property owner doesn't actually have a concern about coming into the city limits, but does have a concern about coming into the city limits with an added two cents CID. ... (They'd) like a consideration to become before the city commission and ask for a reduction or elimination in the CID.
"We would fully support whatever the property owner wants. It's their CID." The city commisson as the governing body of jurisdiction upon annexation would have to approve any reduction.
Extension of the water and sewerlines would be bid out as a single project to be built within 12 months of the annexation agreement.
Commissioner Shaun Musil asked if the city has enough water capacity with the added water and sewer lines.
"Yes, absolutely," Dougherty answered. "We would make the developer's tracts developable for commercial capacity as well as the tract south of Celebration Church."
"I like it," said Musil. "Seems like a win for the city and a win for the business owner."
Commissioners also unanimously approved a rezoning request for 1680 East 10th Street from agriculture to heavy industrial and the final plat of the associated Langer Industrial Addition, which is not in the city limits.
The 17.9 acre area will house a metal recycling transload facility, moving from 37th Street near I-70, to the larger area in south Hays with plans for addition of a railroad spur, according to owner Pete Langer.
The development will increase truck traffic to the area. Access to the salvage yard will be off of 10th Street.
A third agenda item concerning property was approved. The city purchased 20.39 acres of land from Dean and July Haselhorst just east of the airport at 1135 280th Ave. for $61,170.
According to Jamie Salter, Hays Regional Airport manager, the land acquisition will be beneficial to control drainage, protect airspace, and support future development opportunities.
Commissioner Sandy Jacobs was absent from the meeting.