7.1 Mariposa, Cornerstone Development Agreement
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
04/27/2009
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT: APPROVED FOR
AGENDA:
ITEM
NO.
Page 1
CITY ATTORNEY
BY:
BY: Greg Bengtson
ITEM: Resolution No. 09-6618
-
A resolution approving an Agreement Among Mariposa Homeowners Association, Cornerstone
Development Group, LLC, and the City of Salina, Kansas.
BACKGROUND:
Mariposa Pond and Drainaqe Structure.
The Mariposa Subdivision is shown on the enclosed aerial depiction. The Mariposa Homeowners
Association (the "Association") holds title to the area shown as "Mariposa Park Common Area" on the
March 1989 Final Plat of Mariposa Addition. The Association granted an Easement as Mariposa Park
Common Area for Primary Storm Water Runoff Detention dated March 1, 1990 (the "Mariposa Pond") to
construct, maintain, and operate a primary storm water runoff detention structure, including, but not limited
to, an earthen dam, an inlet orifice structure with trash racks, an elliptical corrugated metal pipe, an outlet
channel and spillway, and concrete erosion control structure (the "Drainage Facilities"). The Mariposa
Pond and the Drainage Facilities are labeled on the enclosed aerial depiction.
The Association executed Covenants (to Maintain Storm Water Detention Structure) dated March 1, 1990,
under which lot owners, along with the Mariposa Homeowners Association, are responsible for and agree
to maintain and to keep in a good state of repair to the satisfaction of the City the Drainage Facilities. The
Association currently maintains the Mariposa Pond and the Drainage Facilities.
Proposed Development of Grand Prairie Addition.
The proposed development of Grand Prairie Addition by Cornerstone Development Group, LLC
("Cornerstone") presented the need to examine matters relating to post-development storm drainage and
the sanitary sewer easements necessary to connect Grand Prairie Addition to the existing public sanitary
sewer system.
Post Development Storm Drainaqe. While Cornerstone's proposal meets City requirements for
post-development storm water detention, its post-development storm water drainage flows from
Grand Prairie Addition across the Municipal Golf Course and into the Mariposa Pond. As noted
below, at full development Grand Prairie Addition will contribute 27.6 % of the post-development run
off volume flowing into the Mariposa Pond.
Sanitary Sewer Connection. Cornerstone needs a means of connecting sanitary sewer service to
Grand Prairie by constructing a sanitary sewer line across the Municipal Golf Course and
connecting to an existing public sanitary sewer line at the north end of Mariposa. Cornerstone can
either make that connection through an existing utility easement running along the boundary
between Mariposa and Eastridge Addition (the "north route") or a proposed connection running
through Mariposa Park Common Area (the "south route"). Both routes are depicted on the
enclosed aerial. The north route would require removal of significant existing landscaping and
fencing and would result in more expense for Cornerstone. The south route appears to better
serve the interests of all parties.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
04/27/2009
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT: APPROVED FOR
AGENDA:
ITEM
NO.
Page 2
CITY ATTORNEY
BY:
BY: Greg Bengtson
Proposal for sharinq of cost of future repairs to the Drainaqe Facilities and the Grant of a Sanitary Sewer
Easement.
The proportionate shares of volume of post-development runoff into the Mariposa Pond from its watershed
have been calculated to be:
City-at-Iarge (golf course, Eastridge, Haworth Tract, Cedar Ridge)
Mariposa (Blocks 1- 6)
Grand Prairie Addition
TOTAL
Under the proposed agreement:
053.6%
018.8%
027.6%
100.0%
Cornerstone would pay a lump sum of $20,000 to Mariposa in exchange for the utility easement
from Mariposa necessary for the south route and as its one-time contribution toward future repairs
of the Drainage Facilities.
The City would at this time correct an area of erosion at the head of the small flume directing run-
off from the golf course and would continue regularly scheduled inspections of the Drainage
Facilities. The City would agree to share in the cost of any future required repairs to the Drainage
Facilities to the extent of the City-at-Iarge percentage share (53.6%) of post-development run-off.
The City would also be responsible for periodically inspecting the Drainage Facilities (The City
would reserve the right to recover the shares attributable to undeveloped, privately-owned tracts
within the city-at-Iarge area.)
Mariposa would continue to provide routine, ongoing maintenance of the Drainage Facilities and
the Mariposa Pond. Mariposa would be responsible for the cost of future repairs to the Drainage
Facilities to the extent of the combined percentage share (46.4%) of post-development run-off,
including Mariposa (18.8%) and Grand Prairie Addition (27.6%). Mariposa would receive the
$20,000 payment from Cornerstone and would grant the public utility easement required for the
south route. If Mariposa fails to maintain the Drainage Facilities and the Mariposa Pond or to pay
its share of repairs to the Drainage Facilities, the City will be able to complete the work and
assess the costs against the Association and individual lot owners pursuant to the existing
covenants.
Policy Considerations.
Both the Association and Cornerstone have indicated their approval of the proposed agreement. While the
City is not legally required to pay a share of future repair costs, the City's participation under the proposed
agreement is a question of the governing body's sense of the equity of the matter as development has
occurred in the Mariposa Pond drainage basin. Staff recommends that the City participate in the expense
of future repairs to the Drainage Facilities on the basis of the city-at-Iarge proportionate share of drainage
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
04/27/2009
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT: APPROVED FOR
AGENDA:
ITEM
NO. 1
Page 3 BY: Greg Bengtson
into the Mariposa Pond, particularly from the Municipal Golf Course. The need for future repairs to the
Drainage Facilities is minimized by the Association's ongoing maintenance and the City's periodic
inspection of the Mariposa Pond and the Drainage Facilities.
CITY ATTORNEY
BY:
Aqreement.
The actual agreement is being prepared and will be available at the City Commission meeting.
FISCAL NOTE:
The City's ongoing financial obligation under the proposed agreement is limited to the cost of staffing the
periodic inspections of the Drainage Facilities. The City's future financial obligation will be its proportionate
share of any future costs of repair to the Drainage Facilities. The Drainage Facilities have been inspected
by the City and are currently in a good state of repair and maintenance.
COMMISSION ACTION:
Approve Resolution No. 09-6618.
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