Title
An Ordinance determining and declaring the necessity of acquiring for public use certain right of way, for roadway, utilities, additional infrastructure facilities, other public improvements, and all work incidental and subsidiary thereto, associated with the proposed Valley Garden Drive public improvements; authorizing the City Manager and his designee(s) to negotiate for the purpose of acquiring the necessary interests in land; and authorizing the City Attorney and his designee(s) to institute condemnation proceedings if such interests in land cannot be acquired by purchase through good faith negotiations.
(Note: First read by Council on March 10, 2026. Passed by unanimous vote.)
Body
Issue/Request:
An Ordinance determining and declaring the necessity of acquiring for public use certain right of way, for roadway, utilities, additional infrastructure facilities, other public improvements, and all work incidental and subsidiary thereto, associated with the proposed Valley Garden Drive public improvements; authorizing the City Manager and his designee(s) to negotiate for the purpose of acquiring the necessary interests in land; and authorizing the City Attorney and his designee(s) to institute condemnation proceedings if such interests in land cannot be acquired by purchase through good faith negotiations.
Key Issues:
• Quarry Park Road, located west of Pryor Road, north of I470 and south of Bannister Road, experienced a collapse due to undermined areas and was subsequently closed for public use. The roadway had provided public access to several properties within Lee's Summit, MO. An interim alternate route to provide public access was secured through temporary easements and rights, private property agreements, etc. and those means of public access are not indefinite. The interim alternate route is set to expire near the end of 2026. A permanent alternate route has been identified, being the acquisition of Valley Garden Drive, a private roadway located south of Bannister Road within the city limits of Kansas City and connecting that roadway to Old Noland Road, located in Lee's Summit with a public improvement project, Valley Garden Drive, in both Kansas City and Lee's Summit.
• Lee's Summit and Kansas City entered into an agreement for the coordination and execution of acquisitions and Valley Garden Drive public improvements (the "Project").
• The City Council for the City of Lee’s Summit, Missouri, deems it necessary, desirable, advisable and in the public interest to obtain the necessary land interests 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:
FIRST MOTION: I move for a second reading of an Ordinance determining and declaring the necessity of acquiring for public use certain right of way, for roadway, utilities, additional infrastructure facilities, other public improvements, and all work incidental and subsidiary thereto, associated with the proposed Valley Garden Drive public improvements; authorizing the City Manager and his designee(s) to negotiate for the purpose of acquiring the necessary interests in land; and authorizing the City Attorney and his designee(s) to institute condemnation proceedings if such interests in land cannot be acquired by purchase through good faith negotiations.
SECOND MOTION: I move for adoption of an Ordinance determining and declaring the necessity of acquiring for public use certain right of way, for roadway, utilities, additional infrastructure facilities, other public improvements, and all work incidental and subsidiary thereto, associated with the proposed Valley Garden Drive public improvements; authorizing the City Manager and his designee(s) to negotiate for the purpose of acquiring the necessary interests in land; and authorizing the City Attorney and his designee(s) to institute condemnation proceedings if such interests in land cannot be acquired by purchase through good faith negotiations.
Background:
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Impact/Analysis:
Failure to obtain the necessary land interests 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 the necessary land interests from the parcel 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.
Other Information/Unique Characteristics:
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Presenter
Scott Ison, Chief Counsel of Infrastructure and Recreation
Michael Park, PE, Director of Public Works
Recommendation
Staff recommends approval of Ordinance determining and declaring the necessity of acquiring for public use certain right of way, for roadway, utilities, additional infrastructure facilities, other public improvements, and all work incidental and subsidiary thereto, associated with the proposed Valley Garden Drive public improvements; authorizing the City Manager and his designee(s) to negotiate for the purpose of acquiring the necessary interests in land; and authorizing the City Attorney and his designee(s) to institute condemnation proceedings if such interests in land cannot be acquired by purchase through good faith negotiations.