5.1 Schippel Addition Utility Easement Vacation CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
01/06/2014 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO:
5 BY: NiA
Development Services
ITEM Planning FINAL APPROVAL:
NO: 1
Page 1 BY: Dean Andrew
ITEM: Ordinance No. 14-10726 �J
Public hearing and report on Petition #4360, filed by Karen Young, on behalf of TC Vets, LLC
(owner), requesting the vacation of a 10 ft. east-west utility easement located on Lot 8, Block 4 in the
Replat of Schippel Addition Blocks 4 and 5 and Part of Block 3 and vacation of the West 10 ft. of a 32
ft. wide utility easement located on Lot 5, Block 1 of the King Addition to allow for the creation of a
combined building site for a new small animal clinic.
BACKGROUND:
The original plat of the Schippel Addition to the City of Salina was approved in 1957. It included the
area bordered by Cloud Street on the north, Ohio Street on the east, Albert Avenue on the south and
Roach Street on the west. It contains a mixture of residential and commercial lots with the commercial
area bordering South Ohio Street. The eastern half of the subdivision was replatted in 1965 to create
smaller commercial lots and a frontage road along the west side of South Ohio Street.
In April 1977 a building permit was issued to allow construction of a 2,800 sq. ft. small animal hospital
(Town & Country Animal Hospital) on Lot 8, Block 4 in the Replat of Schippel Addition Blocks 4 and 5
and Part of Block 3 (1001 Schippel Drive). This lot is located on the northwest corner of Schippel Drive
and Fawn Street. The parking lot serving the veterinary clinic is located on the east side of the
building.
In 1990, Dr. Daniel King further replatted the remaining vacant lots in Block 4 forming the King
Addition. The vacant lot directly to the north of the veterinary clinic is part of the King Addition replat.
To allow sanitary sewer service to be extended to the interior of the block, the West 9 ft. of a 10 ft.
utility easement on.Lot 8, Block 4 in the Replat of Schippel Addition Blocks 4 and 5 and Part of 3 in
1991 was vacated and a new utility easement was dedicated on the adjoining lot to the east. The
primary purpose for shifting the utility easement location to the east was to avoid damage to the
veterinary clinic's parking lot. A 32 ft. wide utility easement was also dedicated by Dr. King across Lot
5, Block 1 of the King Addition. This section of easement was inadvertently left off the King Addition
replat.
Nature of Current Request
TC Vets, LLC recently purchased the lot directly to the north of the Town & Country Animal Hospital
(Lot 5, Block 1 of the King Addition). Dr. Karen Young, the owner of the clinic, is working with an
architect on plans to either expand the existing building to the north or to construct a new clinic
building. The presence of a 10 ft. utility easement across the North 10 ft. of the clinic lot blocks the
ability to expand to the north. Section 42-63(a) of the Salina Zoning Ordinance prohibits any building
or portion of a building from being located within a platted or dedicated public utility easement. The
reason for this is to protect the ability of public and franchise utilities to access and maintain their
facilities and to prevent unnecessary damage to private property during the course of maintenance
work.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
01/06/2014 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO:
Development Services BY.
ITEM Planning FINAL APPROVAL:
NO:
Page 2 BY: Dean Andrew BY:
The Petitioner's architect also believes the 32 ft. easement width on Lot 5, Block 1 unnecessarily
reduces the buildable depth of that lot and the Petitioner is also requesting that the West 12 ft. of that
easement be vacated.
This petition has been initiated by the property owner to vacate or eliminate an east-west utility
easement and a portion of a north-south utility easement which she believes limits the developability
of her combined lot.
Comments from Affected Public and Franchise Utilities
This petition and utility easement vacation request was sent to all local utility providers for their review
and comment. No public or franchise utility provider reported having any utility lines located in the 10
ft. east-west utility easement in Lot 8, Block 4 or in the West 12 ft. of the 32 ft. north-south utility
easement on Lot 5, Block 1.
The minimum required width of a public utility easement is 20 ft. and the 20 ft. recommended to be
retained on Lot 5, Block 1 would provide a full 20 ft. easement width.
RECOMMENDED ACTION:
Staff believes that the continued presence of the utility easements requested to be vacated no longer
serves a public purpose because there are no franchise or public utilities located within these
easement areas and agrees that the presence of those utility easements inhibits the potential
expansion of the existing small animal hospital on the property. Therefore, staff would recommend
approval of Ordinance No. 14-10726 on first reading which orders the vacation of the easement areas
as requested in Petition No. 4360.
Enclosures: Petition
Lot Survey
Aerial Photo
Ordinance No. 14-10726
cc: Warren Ediger, Architect
Dr. Karen Young, DVM, Town & Country Animal Hospital
DO NOT WRITE IN THIS SPACE/j
PET1ON NUMBER 1 3 1. 0
City Clerk's Office
Filed
TO: THE GOVERNING BODY - -s_
City of Salina, Kansas
We, the undersigned, being residents and property owners in
the City of Salina, Kansas, do hereby petition your honorable body for:
Vacation of a 10 ft. east-west utility easement located on Lot 8, Block 4 in the Replat of Schippel
Addition Blocks 4 and 5 and Part of Block 3 and vacation of the West 10 ft. of a 32 ft. wide utility
easement located on Lot 5, Block 1 of the King Addition to allow for the creation of a combined building
site for a new small animal clinic.
Respectfully submitted by: Karen Young (TC Vets, LLC)
Telephone Number. 785- 823- 2217
NAME ADDRESS
1001
Town and Country Animal Hospital (TC Vets, LLC) tal Schippel Drive, Salina, KS 67401
Karen Young, OwC``J`✓
1
LOT 5 BLOCK 8 OF KING ADDITION
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APETITION TO VACATE EASEMENTS
EXHIBIT 'A' Q Warren Ediger/ARCHITECT
LOT 5 BLOCK 8 OF KING ADDITION [`�/ 631 East Crawford,Suite 211
26 NOV 13 LOT 8 AND PORTIONS OF LOTS 13 AND 14 BLOCK 4 P.O.Box 1821
OF SCHIPPEL ADDITION Salina,Kansas 67402-1821
SHEET 1 OF 1 SALINA, SALINE COUNTY, KANSAS t: 785.823.7547 e: ediger.arch@yahoa.com
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(Summary published in The Salina Journal on January , 2014.)
(Published on the City of Salina's website from January . 2014.)
ORDINANCE NUMBER 14-10726
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A TEN (10) FOOT UTILITY
EASEMENT LOCATED ON LOT EIGHT (8), BLOCK FOUR (4) IN THE REPLAT OF SCHIPPEL
ADDITION BLOCKS FOUR(4) AND FIVE (5)AND PART OF THREE(3)AND THE WEST TEN(10)
FEET OF A THIRTY-TWO(32) FOOT UTILITY EASEMENT LOCATED ON LOT FIVE(5),BLOCK
ONE (1) OF THE KING ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Petition and Public Hearing. On January 6, 2014 the governingtody conducted a public hearing
("Public Hearing") on the petition filed by Karen Young on behalf of TC Vets, LLC ("Petitioner") requesting
vacation of the following described utility easements:
A part of an existing utility easement located in Lot Eight (8)4Block Four (4 , Replat of Schippel .
Addition Blocks 4; 5 & Pan of 3, of the City of Saliniialine County. Kansas.and more particularly
described as: The west nine(9)feet of the ten(10)foot utility easement that abuts the east line of said Lot
8,except the south one hundred thirteen and went-' ven hundredths(113.27)feet thereor and the ten
(10)foot utility easement that abuts the north line ofsaidlLot 8,except the east one(l�oot thereof;and
the West Ten(10)feet of the existing Thirty-two(32) footsanttary sewer easement that is located in Lot
5, Block 1; King Addition to the City of Salina, Saline County; Kansas.
Section 2. Findings and Conclusions. The governing body determines from the evidence presented:
(A) Due and legal notice has been given by publication as'required by law.
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(B) The public will suffer n, oo loss or inconveniencelb9 the vaeatiion of the utility easements because no
public or franchise utilities are located in the portions of utilny.easement which are being requested to be
vacated. 4.
(C) No private rights will be injured or endangeresbb�pthe vacation because the subject property and
adjacent property will still be, rued,by public andffranchise utilities.
(D) That imjustice,to the Petitioner vacation-of th. e vest utility easement and a portion of the north-south
utility easement should belated because the continued presence of these utility easements no longer
serves a public purpose.because4there are no franchise or public utility lines located within these easement
areas and the utility presence ofthe g_asements prevents the potential expansion of a small animal hospital.
(E) The public interest is promoted by the vacation of these public utility easements because it would allow the
Petitioner to expand her small animal hospital on to Lot 5, Block 1 of the King Addition.
Section 3. Order of Vacation. A part of an existing utility easement located in Lot Eight(8), Block Four(4),
Replat of Schippel Addition Blocks 4, 5 & Part of 3, of the City of Salina, Saline County, Kansas and more
particularly described as:gThe west nine(9)feet of the ten(10)foot utility easement that abuts the east line of said
Lot 8,except the south one hundred thirteen and twenty-seven hundredths(113.27)feet thereof;and the ten(10)
foot utility easement that abuts the north line of said Lot 8,except the east one(1)foot thereof;and the West Ten
(10) feet of the existing Thirty-two (32) foot sanitary sewer easement that is located in Lot 5, Block I. King
Addition to the City of Salina, Saline County, Kansas.
Section 4. Recording. For the purpose of recording this ordinance with the office of the Saline County Register of
Deeds,this vacation of utility easements relates to the tract of real property described as Lot Eight(8),Block Four(4)
in the Replat of the Schippel Addition Blocks Four(4),Five(5)and Part of Three(3)and Lot Five(5),Block One(1)
of the King Addition to the City of Salina, Saline County, Kansas.
Section 5. Effective Date. That this ordinance shall be in full force and effect from and after its adoption
and summary publication once in the official city newspaper.
Section 6. Summary of ordinance for publication. This ordinance shall be published by the following
summary:
Ordinance No. 14-10726 Summary
On January 13, 2014, the City of Salina, Kansas, passed Ordinance No. 14-10726. The ordinance vacates a ten
foot (10') public utility easement located on Lot Eight (8), Block Four (4) in theReplat of Schippel Addition
Blocks Four (4), Five (5), and Part of Three (3) and the West Ten feet (10'))oofsa Thi y-two foot (32') public
utility easement located on Lot Five(5), Block One(1)of the King Addition which do not contain any public or
franchise utilities. A complete copy of the ordinance is available at www.salina-ks.eov or in the office of the city
clerk, 300 N. Ash Street, free of charge. This summary is certified by tircityVetrney.
Introduced:qanuar} 6, 2014
Passed: January 13, 20147#i.
Barbara V. Shirley, Mayor -
(SEAL] e„k
ATTEST:
Shand' Wicks, CMC, Interim City Clerk
•
CITY OF SALINA, KANSAS
SPECIAL MEETING OF THE BOARD OF COMMISSIONERS
December 30, 2013
2:00 p.m.
The Special Meeting of the Board of Commissioners was called to order at 2:00 p.m. in
Room 107, City-County Building. A roll call was taken followed by the Pledge of
Allegiance and a moment of silence.
Those present and comprising a quorum: Mayor Barbara V. Shirley (presiding),
Commissioners Jon R. Blanchard, Kaye J. Crawford, Randall R. Hardy, and Aaron
Householter
Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager;
Greg Bengtson, City Attorney; and Lieu Ann Elsey, City Clerk
AWARDS AND PROCLAMATIONS
None.
CITIZEN FORUM
Elvin DeVorss thanked the City Commission for the opportunity of serving as
Building Official and noted what a great asset Salina has with the Salina
Community Theatre.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of December 16, 2013.
(6.2) Authorize the purchase of one lime slurry pump at the Water Treatment Plant
Chemical Building from Fluid Equipment Company in the amount of$15,589.35.
(6.3) Approve Supplemental Agreement No. 2 for the Water Treatment Plant Capital
Maintenance Improvements, Project No. 13-5958 with Walters-Morgan
Construction, Inc.
13-0432 Moved by Commissioner Crawford, seconded by Commissioner Householter, to approve
the consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Resolution No. 13-7061 exempting certain municipally owned buildings from the
provisions of the Kansas Personal and Family Protection Act through December 31,
2017.
Jason Gage, City Manager, outlined the statutory requirements and buildings to be
exempted.
Page 1
A discussion followed between the Commission, Mr. Gage, and Jake Peterson and
Greg Bengtson with Clark, Mize & Linville regarding justification for exemptions
and security plans.
13-0433 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to lay on
the table Item 7.1. Aye: (5). Nay: (0). Motion carried.
(7.2) Resolution No. 13-7062 authorizing an agreement with Imperial Security Services,
Inc. for municipal court security.
Jason Gage, City Manager, summarized the agreement and funding. Mr. Gage then
responded to Commissioner Hardy's and Commissioner Blanchard's questions
regarding security coverage, contract terms, and equipment maintenance.
13-0434 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to adopt
Resolution No. 13-7062. Aye: (5). Nay: (0). Motion carried.
(7.3) Resolution No. 13-7063 amending the City of Salina Personnel Manual to bring it
into conformity with the Personal and Family Protection Act and to address the
responsible handling of handguns as related to City property.
Jason Gage, City Manager, summarized the amendments.
13-0435 Moved by Commissioner Householter, seconded by Commissioner Hardy, to adopt
Resolution No. 13-7063. Aye: (5). Nay: (0).
13-0436 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to remove
Item 7.1 from the table. Aye: (5). Nay: (0). Motion carried.
13-0437 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to recess
into executive session for 15 minutes for the purpose of emergency or security information
or procedures of a public agency, or plans, drawings, specifications or related information
for any building or facility which is used for purposes requiring security measures in or
around the building or facility or which is used for the generation or transmission of
power, water, fuels or communications, if disclosure would jeopardize security of the
public agency, building or facility. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 2:42 p.m. and reconvened
at 3:02 p.m.
Commissioner Blanchard thanked staff for reviewing the plans with the
Commission.
13-0438 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to adopt
Resolution No. 13-7061. Ave: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
None.
Page 2
OTHER BUSINESS
13-0439 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to recess into
executive session for 20 minutes to discuss confidential data relating to the financial affairs
and trade secrets of a corporation for the reason that public discussion of the information
would competitively disadvantage the corporation and reconvene at 3:25 p.m. Aye: (5).
Nay: (0). Motion carried.
The City Commission recess into executive session at 3:05 p.m. and reconvened at
3:25 p.m.
13-0440 Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to extend the
current executive session for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 3:25 p.m. and reconvened
at 3:45 p.m.
13-0441 Moved by Commissioner Blanchard, seconded by Commissioner Householter, recess into
executive session for 30 minutes to discuss with legal counsel matters subject to the
attorney-client privilege for the reason that public discussion of those matters would
waive the privilege and adversely affect the City's interest in the matters and reconvene at
4:15 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 3:45 p.m. and reconvened
at 4:17 p.m.
13-0442 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to extend
the current executive session for an additional 15 minutes and reconvene at 4:32 p.m. Aye:
(5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 4:17 p.m. and reconvened
at 4:32 p.m.
13-0443 Moved by Commissioner Blanchard, seconded by Commissioner Crawford, to recess into
executive session for 20 minutes to discuss with legal counsel matters subject to the
attorney-client privilege for the reason that public discussion of those matters would
waive the privilege and adversely affect the City's interest in the matters and reconvene at
4:52 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 4:32 p.m. and reconvened
at 5:00 p.m.
13-0114 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to extend
the current executive session for an additional 15 minutes. Aye: (5). Nay: (0). Motion
carried.
The City Commission recessed into executive session at 5:00 p.m. and reconvened
at 5:15 p.m.
Page 3
13-0445 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to extend
the current executive session for 30 minutes and reconvene at 5:45 p.m. Aye: (5). Nay: (0).
Motion carried.
The City Commission recessed into executive session at 5:15 p.m. and reconvened
at 5:50 p.m.
13-0446 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to extend
the current executive session for an additional 30 minutes. Aye: (5). Nay: (0). Motion
carried.
The City Commission recessed into executive session at 5:50 p.m. and reconvened
at 6:20 p.m.
13-0447 Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to extend the
current executive session for an additional 25 minutes and reconvene at 6:45 p.m. Aye: (5).
Nay: (0). Motion carried.
The City Commission recessed into executive session at 6:20 p.m. and reconvened
at 6:45 p.m. No action was taken.
ADJOURNMENT
13-0448 Moved by Commissioner Householter, seconded by Mayor Shirley, that the special
meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion
carried. The meeting adjourned at 6:45 p.m.
[SEAL] Barbara V. Shirley, Mayor
ATTEST:
Shandi Wicks, CMC, Interim City Clerk
Page 4