Kickapoo acquisition attempts continue

Photos

ED BLOCHOWIAK

Kickapoo Street currently has two lanes, with occasional turn lanes, but plans to widen the roadway will change it to a four-lane street.

  
By Johnna Ray
Posted Sep 22, 2009 @ 10:38 PM
Print Comment

Some property owners with homes or businesses on Kickapoo Street do not favor the city of Shawnee’s move to acquire portions of their property to widen that roadway, but the city will move forward regardless and will use the assistance of City Attorney John Canavan in the process.
“Monday the city commission authorized the city attorney to get involved with the right-of-way acquisition on our Kickapoo Paving Project for the following parcels: 17, 20, 38, 42, 43, 45, 51, 54, 55, 70 and 71,” John Krywicki, city engineer, said.
“As I understand the process, the city attorney will attempt to acquire the parcels through negotiation, purchase and as a last means, then through the condemnation process if he cannot secure them by mutual agreement.
“Thus, the action taken Monday by the commission does not mean that all those parcels are going to have condemnation proceedings started by the city attorney, but later, if he can’t secure those parcels, then condemnation will be an option for the attorney to pursue as a last resort.”
Acquisition attempts for 81 parcels began in February when the city hired an Oklahoma City-based acquisition firm, Coates Field Services, Krywicki said.
Coates worked throughout the summer but was unable to acquire about 29 parcels on the city’s list.
In addition to the 11 parcels the city commission authorized Canavan to pursue, Krywicki said he is attempting to acquire nearly 20 more and expects that seven or eight will be taken to the commission at their next meeting for authorization to allow Canavan to pursue those as well.
Of the properties along Kickapoo Street, only one, located at University Drive and Kickapoo Street, required that the entire property be acquired, Krywicki said.
“The only other one was on the northwest corner of Independence and Kickapoo, an L-shaped building, but the owner and developer tore that property down and saved us quite a bit of money on that one,” he said.
Canavan said although he hasn’t received a deadline for making the acquisitions or proceeding with the final step, which is the condemnation process, he believes he will know which way each of the 11 parcel owners will go by Nov. 1.
“This is the final negotiation before condemnation,” Canavan said. “We want to move as quickly as possible.”
Krywicki said the acquisitions primarily affect property owners on the west side of Kickapoo Street as that is where OG&E’s permanent utility poles are located.
“From sidewalk to sidewalk, the widening will remain within the 66-foot existing city right-of-way,” Krywicki said. “But on the west side, we needed to acquire an additional 10 feet for easements to relocate OG&E’s power poles.”
Dr. Mike Steward, who owns parcel 17, Shawnee Animal Hospital, 1509 N. Kickapoo, which is on the east side, is among the 11 parcel owners with whom Canavan has been authorized to negotiate further.
Steward said he disagrees with the city’s methods but that his options are quite limited by law.
“My options are, I don’t have any,” he said. “If you refuse, they’ll take it, file condemnation, have three appraisers come out and move to a jury trial. That’s it.”
Steward said the building his business is in has been in the same location since 1952 and that he bought into the company in 1979. The offer he was given is not one that he believes is reasonable, given the impact it will have on him, his customers and others using Kickapoo Street, he said.
“It’s going to impact me more than they realize,” he said. “They made us an offer for the parcel that is only enough to offset our sign. We’ll have to move our front and sign and then move it back again to a new location. They offered us $10,000 for eliminating the front parking we have and side parking for the temporary easement needed for construction. The only negotiation I got is ‘are you going to take our offer or not.’”
Steward said the acquisition will also affect his ability to use the business’s front door.
“We will have to remodel our front door,” he said. “We built up a big business and now we’re being choked down. We have about 100 clients every day and now, we’ll have to move a part of our business across the alley. We work hard to be efficient and this is a big burden to me, our business and our customers.”
Steward also said the widening of Kickapoo Street and the increase in traffic the city expects from it will make entering businesses along the street difficult for customers, especially those pulling the six to eight horse trailers the hospital sees on many days, and will make it less safe, as well.
“The four-lane the city is proposing is not in our best interest as a business,” Steward said. “I’m for progress, but sometimes progress costs more than it needs.”
Although specific addresses for the remaining 10 parcels the commission authorized Canavan to negotiate for were not provided, the owners of those properties — which are public record — were given by Krywicki Tuesday.
Those parcel owners are James R. Peters and Freda M. Peters, trustees of the Peters Family Trust, parcel 20; Federal Plaza LLC, an Oklahoma limited liability company, parcel 38; Christopher Rick and Kathryn A. Rick, parcel 42; Diana Coffman, trustee under the Diana Coffman trust agreement, parcel 43; Margaret A. Davis and Josie Cravens, parcel 45; Kirk F. Hoster and Lynn Hoster, parcel 51; Kent Ellwanger and Sharon Ellwanger, parcels 54 and 55; and Henry P. Land and Martha J. Land, parcels 70 and 71.
In a letter to City Manager Brian McDougal, Krywicki said some property owners are “not satisfied with the project and the potential impact it may have on their particular businesses, and as such, we are unable to secure from those the necessary easements and right-of-way.” This, he said, made the commission’s authorization of Canavan’s acquisition attempts necessary.
“We will continue to work these parcels, and others, that Coates have turned in for possible condemnation action in our effort to get them secured,” Krywicki said in the letter.
Watch for further developments to this story in future editions of The News-Star.

Some property owners with homes or businesses on Kickapoo Street do not favor the city of Shawnee’s move to acquire portions of their property to widen that roadway, but the city will move forward regardless and will use the assistance of City Attorney John Canavan in the process.
“Monday the city commission authorized the city attorney to get involved with the right-of-way acquisition on our Kickapoo Paving Project for the following parcels: 17, 20, 38, 42, 43, 45, 51, 54, 55, 70 and 71,” John Krywicki, city engineer, said.
“As I understand the process, the city attorney will attempt to acquire the parcels through negotiation, purchase and as a last means, then through the condemnation process if he cannot secure them by mutual agreement.
“Thus, the action taken Monday by the commission does not mean that all those parcels are going to have condemnation proceedings started by the city attorney, but later, if he can’t secure those parcels, then condemnation will be an option for the attorney to pursue as a last resort.”
Acquisition attempts for 81 parcels began in February when the city hired an Oklahoma City-based acquisition firm, Coates Field Services, Krywicki said.
Coates worked throughout the summer but was unable to acquire about 29 parcels on the city’s list.
In addition to the 11 parcels the city commission authorized Canavan to pursue, Krywicki said he is attempting to acquire nearly 20 more and expects that seven or eight will be taken to the commission at their next meeting for authorization to allow Canavan to pursue those as well.
Of the properties along Kickapoo Street, only one, located at University Drive and Kickapoo Street, required that the entire property be acquired, Krywicki said.
“The only other one was on the northwest corner of Independence and Kickapoo, an L-shaped building, but the owner and developer tore that property down and saved us quite a bit of money on that one,” he said.
Canavan said although he hasn’t received a deadline for making the acquisitions or proceeding with the final step, which is the condemnation process, he believes he will know which way each of the 11 parcel owners will go by Nov. 1.
“This is the final negotiation before condemnation,” Canavan said. “We want to move as quickly as possible.”
Krywicki said the acquisitions primarily affect property owners on the west side of Kickapoo Street as that is where OG&E’s permanent utility poles are located.
“From sidewalk to sidewalk, the widening will remain within the 66-foot existing city right-of-way,” Krywicki said. “But on the west side, we needed to acquire an additional 10 feet for easements to relocate OG&E’s power poles.”
Dr. Mike Steward, who owns parcel 17, Shawnee Animal Hospital, 1509 N. Kickapoo, which is on the east side, is among the 11 parcel owners with whom Canavan has been authorized to negotiate further.
Steward said he disagrees with the city’s methods but that his options are quite limited by law.
“My options are, I don’t have any,” he said. “If you refuse, they’ll take it, file condemnation, have three appraisers come out and move to a jury trial. That’s it.”
Steward said the building his business is in has been in the same location since 1952 and that he bought into the company in 1979. The offer he was given is not one that he believes is reasonable, given the impact it will have on him, his customers and others using Kickapoo Street, he said.
“It’s going to impact me more than they realize,” he said. “They made us an offer for the parcel that is only enough to offset our sign. We’ll have to move our front and sign and then move it back again to a new location. They offered us $10,000 for eliminating the front parking we have and side parking for the temporary easement needed for construction. The only negotiation I got is ‘are you going to take our offer or not.’”
Steward said the acquisition will also affect his ability to use the business’s front door.
“We will have to remodel our front door,” he said. “We built up a big business and now we’re being choked down. We have about 100 clients every day and now, we’ll have to move a part of our business across the alley. We work hard to be efficient and this is a big burden to me, our business and our customers.”
Steward also said the widening of Kickapoo Street and the increase in traffic the city expects from it will make entering businesses along the street difficult for customers, especially those pulling the six to eight horse trailers the hospital sees on many days, and will make it less safe, as well.
“The four-lane the city is proposing is not in our best interest as a business,” Steward said. “I’m for progress, but sometimes progress costs more than it needs.”
Although specific addresses for the remaining 10 parcels the commission authorized Canavan to negotiate for were not provided, the owners of those properties — which are public record — were given by Krywicki Tuesday.
Those parcel owners are James R. Peters and Freda M. Peters, trustees of the Peters Family Trust, parcel 20; Federal Plaza LLC, an Oklahoma limited liability company, parcel 38; Christopher Rick and Kathryn A. Rick, parcel 42; Diana Coffman, trustee under the Diana Coffman trust agreement, parcel 43; Margaret A. Davis and Josie Cravens, parcel 45; Kirk F. Hoster and Lynn Hoster, parcel 51; Kent Ellwanger and Sharon Ellwanger, parcels 54 and 55; and Henry P. Land and Martha J. Land, parcels 70 and 71.
In a letter to City Manager Brian McDougal, Krywicki said some property owners are “not satisfied with the project and the potential impact it may have on their particular businesses, and as such, we are unable to secure from those the necessary easements and right-of-way.” This, he said, made the commission’s authorization of Canavan’s acquisition attempts necessary.
“We will continue to work these parcels, and others, that Coates have turned in for possible condemnation action in our effort to get them secured,” Krywicki said in the letter.
Watch for further developments to this story in future editions of The News-Star.

Loading commenting interface...

Site Services
Contact Us
Rate Book
Place an Ad
Archives
Online Forms
Engagement
Weddings
Anniversaries
Births
Submit Your Story