Title
An Ordinance determining and declaring the necessity of acquiring for public use certain permanent easements and temporary construction easements for the proposed Douglas Complete Street Improvements Project; Authorizing the City Manager and his Designees to negotiate for the purpose of acquiring the necessary interests in land; and authorizing the City Attorney and his Designees to institute condemnation proceedings if such interests in land cannot be acquired by purchase through good faith negotiations.
(Note: First read by Council on August 5, 2025.)
Body
Issue/Request:
An Ordinance determining and declaring the necessity of acquiring for public use certain permanent easements and temporary construction easements for the proposed Douglas Complete Street Improvements Project; Authorizing the City Manager and his Designees to negotiate for the purpose of acquiring the necessary interests in land; and authorizing the City Attorney and his Designees to institute condemnation proceedings if such interests in land cannot be acquired by purchase through good faith negotiations.
Key Issues:
• Pursuant to the FY2023 Capital Improvement Plan and Thoroughfare Master Plan and Greenway Master Plan, the City planned for improvements along Douglas Street between Chipman Road and 2nd Street to enhance safety, revitalize the downtown area, and accommodate non-motorized transportation (hereinafter "Project").
• City staff have tried to acquire the necessary land interests for the Project through negotiation and have been unsuccessful pertaining to those remaining easement needs to date.
• The City Council for the City of Lee’s Summit, Missouri, deems it necessary, desirable, advisable and in the public interest to obtain permanent easements and temporary construction easements for the purpose of constructing the Project.
• The City has the authority by virtue of the Revised Statutes of the State of Missouri, the Missouri Constitution, and by virtue of the Charter of the City of Lee’s Summit, Missouri, to acquire private property by condemnation proceedings for any public or municipal use, including uses or purposes stated herein.
Proposed City Council First Motion:
I move for adoption of an Ordinance determining and declaring the necessity of acquiring for public use certain permanent easements and temporary construction easements for the proposed Douglas Complete Street Improvements Project; Authorizing the City Manager and his Designees to negotiate for the purpose of acquiring the necessary interests in land; and authorizing the City Attorney and his Designees to institute condemnation proceedings if such interests in land cannot be acquired by purchase through good faith negotiations.
Proposed City Council Second Motion:
I move for adoption of an Ordinance determining and declaring the necessity of acquiring for public use certain permanent easements and temporary construction easements for the proposed Douglas Complete Street Improvements Project; Authorizing the City Manager and his Designees to negotiate for the purpose of acquiring the necessary interests in land; and authorizing the City Attorney and his Designees to institute condemnation proceedings if such interests in land cannot be acquired by purchase through good faith negotiations.
Background:
Improvements to Douglas St were approved by voters as part of the 2017 Capital Improvement Plan Sales Tax Renewal. The project will enhance safety and operations with the addition of complete street amenities including a shared-use trail, sidewalk, Americans with Disabilities Act (ADA) improvements, lighting, trees, and access management modifications. The City’s Comprehensive Plan, Thoroughfare Master Plan and Greenway Master Plan include and support the project.
The project will reconstruct approximately 0.8 miles of Douglas Street from 2nd Street to Chipman Road and add user amenities that will highlight the corridor as a principal gateway into Downtown Lee's Summit. In addition to the incorporation of several livable street features, this project will also install new stormwater systems and replace an aging City water main and sanitary sewer manhole lids.
The Mid-America Regional Council (MARC) announced a call for projects to compete for Missouri Transportation Alternatives Program federal funding in Fiscal years 2025. The Douglas Street project was submitted as a candidate. The project scored very well because of the safety improvements, addition of multi-modal elements, and proximity to environmental justice tracts and activity centers. As a result, the project was allocated $900 thousand dollars for construction work.
The design engineer, Kimley-Horn, has completed the design. However, the plans cannot be finalized and advertised for construction until the easement acquisition from property owners along the project is resolved. The project is currently in the acquisition and utility relocation phase and construction is anticipated to start in spring of 2026.
Impact/Analysis:
Failure to obtain the necessary easements through eminent domain will delay the project, stop the project, may significantly increase the cost of acquisition, and disqualify the City from receiving the federal grant money. This Ordinance would provide for the City to use the power of eminent domain (condemnation) to acquire land, permanent easements and temporary construction easements from the parcels listed in the ordinance as needed. In the interim and during condemnation, negotiations for necessary property acquisition may continue in support of the project.
Timeline:
Start: Upon approval of ordinance.
Presenter
Michael Park, Director of Public Works
Recommendation
Staff recommends approval of An Ordinance determining and declaring the necessity of acquiring for public use certain permanent easements and temporary construction easements for the proposed Douglas Complete Street Improvements Project; Authorizing the City Manager and his Designees to negotiate for the purpose of acquiring the necessary interests in land; and authorizing the City Attorney and his Designees to institute condemnation proceedings if such interests in land cannot be acquired by purchase through good faith negotiations.