Title
An Ordinance determining and declaring the necessity of acquiring for public use certain real property, permanent easements, and temporary construction easements for storm water, detention basins, additional infrastructure facilities, other public improvements, and all work incidental and subsidiary thereto associated with the proposed East Fork of Little Blue Watershed Stormwater 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 October 15, 2024. Passed by unanimous vote.)
Body
Issue/Request:
An Ordinance determining and declaring the necessity of acquiring for public use certain real property, permanent easements, and temporary construction easements for storm water, detention basins, additional infrastructure facilities, other public improvements, and all work incidental and subsidiary thereto associated with the proposed East Fork of Little Blue Watershed Stormwater 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:
• As approved under the 2017 CIP sales tax renewal, The East Fork of Little Blue Watershed Stormwater Project would mitigate structural flooding of five homes, flooding of a residential collector street and a major arterial street within the project limits, and would effectively reduce flow in the East Fork of the Little Blue River north of Winburn Trail.
• City staff has tried to acquire the necessary land interests for the Project through negotiation and have been unsuccessful pertaining to those remaining easement and land purchase 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 land, permanent easements and temporary construction easements for the purpose of constructing the Project.
• The City has the authority by virtue of Sections 88.010 to 88.070, 88.073, and 82.240 of the Revised Statutes of the State of Missouri, 2000, as amended, 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 Motion:
I move for adoption of an Ordinance determining and declaring the necessity of acquiring for public use certain real property, permanent easements, and temporary construction easements for storm water, detention basins, additional infrastructure facilities, other public improvements, and all work incidental and subsidiary thereto associated with the proposed East Fork of Little Blue Watershed Stormwater 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:
Stormwater management has been an ongoing discussion with the City for many years. Projects mitigating structural flooding were approved by voters as part of the 2017 CIP Sales Tax renewal election in November 2017. During the July 4, 2019 storm event 9 homes in four separate areas of the East Fork Little Blue Watershed experienced structural flooding. The flooding event triggered a study of the watershed. The four areas in the watershed are: Project Area 1 - SE 2nd Terrace at Winburn Trail, Project Area 2 - SE 6th Street and SE Country Lane (Vista del Verde Subdivision), Project Area 3 - SE 3rd Street, and Project Area 4 - SE Boone Trail. It was determined during the study phase that improvements that would address flooding at Project Area 1 would simply push the flooding downstream. In keeping with the goal of the project, the City is considering property buyout to address structural flooding in Project Area 1. For the flooding in Project Area 2 construction of flood mitigation improvements started in August 2024.
For the flooding in Project Area 3, final plans include significant additions to the public system to the east as well as construction of a regional detention basin to the north. Temporary and/or Permanent Easements on 14 tracts necessary for the installation of the storm sewer pipes along SE 3rd Street have been acquired. Temporary and Permanent Easements on the properties at 151 SE Todd George Pkwy and 1801 SE Langsford Road have not yet been acquired. These easements are necessary for construction of the regional detention basin and the storm sewer pipes that connect the SE 3rd Street pipes to the basin.
For the flooding in Project Area 4, final plans include improvements to the public system along Todd George Pkwy as well as construction of a regional detention basin located south of 4th Street on the west side of Todd George Pkwy. Temporary and/or Permanent Easements on 7 tracts necessary for the installation of the storm sewer pipes along SE Todd George Pkwy have been acquired. The City desires to purchase the property situated SW of the intersection of SE Todd George Pkwy and SE 4th Street. The City has not acquired the property. The property is uniquely positioned for the construction of the regional detention basin as it provides attenuation of runoff from the southern storm sewer system that extends up to the US50 Hwy right-of-way and has been determined as un-developable by current City standards.
The improvements to the public storm sewer system and the construction of the two regional detention basins are the most cost effective solutions. It should be noted that construction of a regional basin to the north of the 3rd Street properties will keep all improvements on the east side of Todd George Pkwy. It should be noted that construction of the regional basin south of 4th Street will provide some benefit for Project Area 1 in the way of decreased peak flow rates for the 100-yr storm event by 2.7%. There is also a 1.8% decrease in the 100-yr event flow rates 600 ft downstream of Langsford Road. These improvements in Project Area 3 and Project Area 4 have been combined into the East Fork of Little Blue Watershed Stormwater Project for bid and construction purposes (in consideration of proximity, schedule, and both having federal funding). The design is completed and project prepared for bid with a delayed notice to proceed for construction until all required property and easement acquisitions are obtained.
Impact/Analysis:
Failure to obtain the necessary land and easements through eminent domain will delay the project, stop the project, or significantly increase the cost of acquisition. 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.
Finish: ___
Presenter
Curt Powelson, Senior Right of Way Agent
Recommendation
Staff recommends approval of an Ordinance determining and declaring the necessity of acquiring for public use certain real property, permanent easements, and temporary construction easements for storm water, detention basins, additional infrastructure facilities, other public improvements, and all work incidental and subsidiary thereto associated with the proposed East Fork of Little Blue Watershed Stormwater 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.
Committee Recommendation
Committee Recommendation: [Enter Committee Recommendation text here]