Condemning property could be city's next step
Published on -8/19/2008, 1:36 PM
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By KALEY LYON
When Hays city commissioners convene for a work session at 5:30 p.m. Thursday at city hall, they will hear from city staff about a possible condemnation of property.
For more than five years, the city has been completing a process to expand its existing Smoky Wellfield, located south of Hays, near Schoenchen.
The project has been approved by the state, and the city has been trying to negotiate with landowners to establish a fair price for the land that has been approved for the project, Assistant City Manager Mark Loughry said.
"As part of our negotiation process, we don't feel that we've really made any headway in paying what a fair market value is for that land," Loughry said.
In such situations, state statute enables local government to enter a process of condemnation.
If this goes through, three third-party appraisers will value the property before the project begins and after the project is completed. The difference is the sum city government will pay the landowners.
The issue also will be taken to court, to ensure both the city government pays a fair price and landowners are fairly reimbursed, Loughry said.
"That's really what we're after, is just to get a fair price for the landowner asking," he said. "The landowners' rights have to be protected, too. ... The condemnation process is set up so both sides get treated fairly."
The city is hoping to purchase small parcels of land, sufficient for the well and any necessary power lines.
Public Works Director Brenda Herrman said this morning about half of the city's water supply comes from this field, and a total of five wells need to be relocated.
It's hoped that increasing space between the wells will help keep the aquifer level steady, she said.
"We're simply relocating some of them so we don't have such an adverse effect on pumping wells that are too close together," Herrman said.
Condemnation, however, is not the preferred tactic, and city staff hopes negotiations can be reached before the issue must be taken to court.
"We hope it doesn't come to that," Loughry said. "We'd much rather come to an agreement outside of court."
The process began several years ago, with an engineering study determining the best well locations. The project is not to increase the water supply, but to better use existing resources, he said.
Once the study was complete, the well locations were made public and sent to the state of Kansas for approval -- a process that takes about five years.
Because these locations have been approved, the city cannot change its plans or pursue alternate locations. Attempting to do so would require another five years to pursue a permit, Loughry said.
The state also gives the city a time limit, and the city had to ask for a deadline extension due to negotiation difficulties.
The city commission also exercised the right of eminent domain about a year ago, regarding Jude's Piano and Organ Co., on Canterbury and 22nd Street, to begin a project to connect Canterbury to Commerce Parkway.
Other agenda items include:
* Wayfinding signage prototype project proposals. Commissioners have received nine proposals for construction of the first nine signs approved as part of the city's wayfinding signage project.
The low bid is from Massachusetts-based J&J Architectural, in the amount of $29,700.
* A charter ordinance for Hays Regional Airport. This would allow the city to eliminate a $100,000 limit in bonded debt for annual airport improvements.
Debt then would be issued according to the yearly needs, and would be less than $100,000 some years and surpass this figure in other years.
* An ordinance and resolution for a bond sale for general obligation bonds. The bonds total $1.23 million and are associated with costs of Hall Street and 22nd Street reconstruction.
* Commissioners will consider a request from the Ellis County Ministerial Alliance for a donation benefitting the community Thanksgiving dinner.
* Commissioners will consider a request to place Fort Hays State University flags on Eighth Street.
* Police Chief James Braun will discuss the 2008 uniform public offense code and the standard traffic ordinance for the state of Kansas.
* Commissioners will consider the purchase of a combination sewer cleaning truck and sewer inspection video camera, in the amount of more than $300,000.
* Commissioners will consider a petition requesting Ellis County to vacate lots and right of way in the North Hays Industrial Subdivision, located north of 55th Street and west of U.S. Highway 183.
Because the land is in the 3-mile radius of Hays, city commissioners have the right to object.
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