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8.2 License Agreement for Steps in Alley (104 N. Santa Fe)CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 2/22/2015 4:00 P.M. AGENDA SECTION 8 ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO:0/&- ITEM Development Services BY: Planning FINAL APPROVAL: NO:[..PSI Page I BY: Dean Andrew �A B ITEM: Resolution No. 16-7319 License Agreement with 104 N. Santa Fe, LLC to allow a private step and associated handrail in a public alleyway east of Santa Fe Avenue between Iron Avenue and Ash Street. BACKGROUND: City streets and alleyways are generally located within public right-of-way. Right-of-way is a form of ownership subject to reversion to the adjoining property owner(s) in the event of abandonment of the public use. Rights-of-way are established either by plat or by separate dedication. As a general principal, rights-of-way are reserved for public uses. Occasionally, the public interest is served by allowing limited private use of the right-of-way in ways that do not conflict with the public use of the right-of-way. The mechanism used to grant permission for a limited private use of the public right-of-way is most commonly a license agreement. A license agreement is commonly for a specifically limited purpose and subject to termination, upon reasonable notice, in the event that the public interest later required a use of the right-of-way in conflict with the private use allowed under the license agreement. The 10 ft. north -south alley between Santa Fe Avenue and North 5th Street is part of the plat of the Original Town of Salina. On January 20, 2016, Roger Mattison, owner of the building located at 104 North Santa Fe Avenue, applied for a license agreement to allow the alleyway east of 104 N. Santa Fe to be utilized for a step and handrail at an exit door facing the alley. This request is in conjunction with a desire by an office tenant in the former Warden's Building to improve an existing rear exit from the building. The ADA accessible entrance is at the front of the building, but the intent is to provide a code compliant exit for the office employees and customers located on the ground floor level of 104 N. Santa Fe. Due to the proposed use and occupant loading of the ground floor, the Building Code requires that the door in question swing in the direction of the path of travel, meaning that it must swing outward so as not to impede occupants existing in an emergency situation. Additionally, the Building Code anticipates and prohibits outward swinging doors that swing into a right-of-way due to safety concerns related to injuries that could be caused by a person, bicycle, vehicle, etc. being struck by a door opened into the right-of-way. However, the Building Code does include the following exception: Steps shall not project more than 12 inches and shall be guarded by approved devices not less than three feet (914 mm) high, or shall be located between columns or pilasters. The Building Official has reviewed the proposed step and railing in light of the applicable Building Code and ADA requirements and concluded that it is an acceptable code compliant solution. Consequently, the request for a license agreement to allow the placement of the step and railing within the City's alley right-of-way has been forwarded to the Planning Division of the Development CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 2/2212015 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: Services Department with the Building Official's input regarding the applicable building codes. As shown on the attached pictures, the rear steps that have been placed around the downtown are to help with the grade change between the building and the alleyway. It would be very costly to modify the existing floor height(s) in relation to the alley. The elevation distance from the bottom of the door opening to the alley surface is approximately twelve (12) inches. As proposed the railing would extend 23 inches into the alleyway. No other objects currently encroach into the alleyway. The remaining clear area will be over eight feet wide. Staff Comments/Analysis: This 10 foot wide alleyway that the doorway and step would occupy is currently open to traffic from both directions and empties south onto the sidewalk along East Iron Avenue. The proposed step and railing would intrude 23 inches into the alley right-of-way, which could result in there being insufficient clearance for vehicles using the alley. The applicant could petition to have this portion of the alleyway closed to vehicle traffic which would increase the safety of employees and customers entering and exiting the door in this location. Closure of the alleyway with permanent or removable bollards would also increase the safety of pedestrians using the sidewalk along East Iron Avenue who currently have no protection from vehicles entering and exiting the alleyway. Staff would note that the contractor identified in the applicant's license agreement application is not appropriately licensed to perform the work in the alley. Options are for the contractor to get appropriately licensed or for the applicant to select to select a licensed contractor to install the stair and handrail. Affected Public and Franchise Utilities and Agencies: This license agreement request was distributed to local utility providers and the Parks and Recreation Department which maintains this particular alleyway. None of the public or franchise utilities objected to the stairway encroachment. The Director of Utilities requested that the stairs be "removable" to allow maintenance of buried utilities in the alley. Staff believes the metal stair design being proposed would allow the stair apparatus to be temporarily removed in the event that the sanitary sewer line in the alley needs to be excavated. Because there are buildings on both sides of this 10 ft. alleyway, the Parks and Recreation Department has expressed concern that the proposed step and handrail could inhibit their ability to provide snow removal service in the alley. They suggest or recommend that the step and handrail not extend out any more than the edge of the brick strip bordering the alley. This is the same distance (20 inches) as the step and handrail approved in the same alley behind 116 North Santa Fe in 2012. This would require modifying the proposed design to reduce the handrail from 23 inches to 20 inches. Even if the encroachment extends only to the edge of the brick in the alley, approval of the proposed step may create the need to install bollards and to close this alley to vehicle traffic. AGENDA SECTION NO: ITEM NO: Page 3 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION ORIGINATING DEPARTMENT Development Services Planning BY: Dean Andrew DATE TIME 2/22/2015 4:00 P.M. FISCAL APPROVAL: BY: FINAL APPROVAL: BY: FISCAL NOTE: There should be no fiscal impact to the City of Salina as a result of this agreement. CONFORMANCE WITH STRATEGIC PLAN: The following statements in the City of Salina's Shared Vision Statement may be applicable to this request: Downtown Salina will be a thriving and vibrant place. It will include an artistic flair that complements diverse and successful business development, including: entertainment, professional services, restaurants and retail development. In addition, the downtown will include residential uses and places to congregate consistent with the desired, mixed-use activity. COMMISSION ACTION: Staff has identified the following alternatives for the Commissioner's consideration: Adopt Resolution No.16-2319 approving a License Agreement with the property owner (104 N. Santa Fe, LLC), to allow a private step and associated handrail in a public alleyway east of Santa Fe Avenue between Iron Avenue and Ash Street with any conditions the Commission deems appropriate 2. Deny Resolution No.16-7319 and provide staff with further direction. Enclosures: Application Location Map Photos of existing situations License Agreement Resolution No. 16-7319 saiind DATE I— )P—/4/ APPLICATION FOR LICENSE AGREEMENT An application is hereby made for a license agreement to allow encroachment and improvements into and/or within the public right-of-way as described below. (Give address, location or common description of the street or area requested for licensing, and provide construction plans and a map of the area.) Application for approval of a license agreement to allow the following encroachment into and/or improvements withinto public right-of-way. List all items: ei.i+ f s tc'l Legal description of area(s) to be licensed: J1lr A- ' ` l 1(1 l� � k iC�f '-o bLIL Have the improvements 1 encroachments been installed prior to this application? Y Name of Contractor who will execute the project: Phone al z 6 t A63 Address: Name of responsible party that will carry out maintenance of improvements 1 encroachments: Name YID Add cess: Phone If listed contractor or maintenance responsibility changes, it is theapplicant's responsibility to notify the City of Salina De artment of Public Works at 309-5725. License Agreement — Application Revised 11/27/06 Are there existing license agreements in place at this location? If yes, provide date, name, and location of previous agreement: N a - 0 -- Site development plan/construction plans submittal date: License Agreement Applicant: %j � /V Sctrn k4 5-t- L. L c Name Contact -Person Phone Email Fax Address Landowner l Responsible Party: © !� Sq��, f� t�e L L _ „ Name Contact rerson S—7YO--5 U6 6 - Phone Phone MQ Email Fax ins- 6�y Address `J Licensee (Tenant), HOA, or POA: Alex -Teta (All 'Ae%' Name Contact Person Phone Email Fax Address Proposed use of Right -of -Way (describe): -I res C re,5S �o re r ert+t' V 't Wa -for S . t'o~� ,d�Gc LGs]zo-vy+t'l`S L�f Te nit z sc= 4- ds �i �1trr �Aa/l c� � 4u rsa��+ Gtn r5 p uq+ 6 Tby %1 �1rL'S f� �+�Qf✓�i {�6^f License Agreement — Application Revised 11/27/06 N (, r40 r -, to r I, the undersigned Owner/Tenant/Applicant/Agent, declare that the information provided in this application is valid and correct. I have read and understand that this application will be processed in accordance with the process for requesting a License Agreement and that no action on processing will be taken without payment of the non-refundable processing fee. I understand that acceptance of this application in no way obligates the City to license the subject area. I understand the purpose and value of the public right-of-way, and that the final determination will be made by the Salina City Commission. It is further understood that the City of Salina is not responsible for any cost or inconvenience incurred by the Owner/Tenant/Applicant/Agent/ if this application is not approved. Signed by:� Owner/Tenant/Applicant/Agent Printed name: Title: fK�✓1 f '��� License Agreement — Application Revised 11/27/06 (9.9 _ a #M16-3 104 N. SANTA FE LICENSE AGREEMENT o I ti PARKING LOT L2496 AN �4 p D Z 97 9B 4 Q �T9 FE 7991 pAivr - L ti • Evl, Y.6 } M - PARKING LOT Z O _ -1&4:7#1 P05T5. 000 /oz N 0 2 — SEI \ i Q \ a PARKING LOT J 14- NZ� Tc o ti� o O o05% h 77 L r.__i- _ -- S G G" �� :II 1 /R OV 40ST.F Q � I� I o2 o ' I I Luc ti yo S S `s l oFF. i $ IOFf. /0/l09 II lRciN 107 f./Ro Ar // 0# 6. JRON AY PROPOSED STAIR 11 11 , ��wP------ E. IRON AV .1 tl II � f! 71 I1 L//�/r} 1 I I • II ,� II " 11 tl q II , f c i � { i f c i � { S a z m c 0 M W Q I AC W d a� U - cu cu Z d- C� I tVv4- (u cu cu O U J 'Q} VJ 0. I a--7 r`cu C: VJ z O V— r X ,yiei i '� � _ 1r ''.,' J Ill f'W ry .. •• 5 pp ,71 . . . . . .......... ....... . . . . . "a OZOVAM.-O ow 4-61 VZ7- AK� 74, -7i � � � � �,, rte„ �' � ` 1, ,�..^ Ap-%— LICENSE AGREEMENT This License Agreement is entered into this 22`" day of February, 2016, by and between the CITY OF SALINA, KANSAS ("City") and 104 N. Santa Fe, LLC, a Kansas limited liability company ("Licensee"). Recitals A. Licensee owns certain real estate ("the Property") commonly known as 104 N. Santa Fe Avenue, Salina, Kansas, and bearing the following legal description. Lot One Hundred and Five (105) and the North half of Lot One Hundred and Seven (107) on Santa Fe Avenue, in the Original Town (now City) of Salina, in Saline County, Kansas. B. The City is the holder of a public right-of-way ("Right -of -Way") adjacent to and abutting the East side of the building located on the Property, which is currently used as an alley- way. C. Licensee wishes, as part of the redevelopment of the Property, to install a metal step with a metal handrail along the East side of the building, for entry and exit purposes ("the Improvements"), which will extend approximately one and one-half feet into the City's Right-of- Way. ight-ozWay. D. The City's Public Works Department has concluded that under the circumstances, allowing Licensee to maintain the Improvements in the proposed location will not interfere with the current public use of the Right -of -Way. THE PARTIES THEREFORE AGREE: 1. Grant of License. The City grants a license to Licensee for the construction and maintenance of the Improvements as shown on the attached and incorporated Exhibit "A" (the "License"). 2. Term of License. The License shall commence upon execution of this License Agreement and shall continue until the earlier of. A. Discontinuation of use of the Improvements, for a period in excess of sixty (60) consecutive days, as constructed and maintained at the location depicted on Exhibit A; or B. Notification of Licensee by the City that the public interest is best served by the use of the Right -of -Way in a manner in conflict with the License, and that the License shall terminate no less than 180 days following such notice. 3. Responsibilities Upon Notification of Termination. If notice of termination of the License is given pursuant to paragraph 2.B, Licensee must remove that portion of the improvements that extend over the Right -of -Way no later than the designated license termination date. if Licensee fails to remove that portion of the Improvements that extend over the Right -of -Way prior to the License termination date, the City may cause the necessary work to be performed and charge the cost of the work against Licensee and/or assess the costs as a special assessment against the real estate upon which the Improvements are located. 4. No Representations. Licensee agrees that the City has made no representations to it with respect to the Right -of -Way or its condition, and that it is not relying on any representations of the City or its agents with respect to the Right -of -Way or its condition. This License grants the licensee a license to use the Right -of -Way in its present condition, "as is," without any warranties, representations, or assurances from the City. 5. Indemnification and Hold Harmless. The Licensee shall defend, indemnify, and hold harmless the City, its agents, representatives, officers, officials, and employees from and against any and all claims, damages, losses, judgments and expenses (including but not limited to attorney fees and court costs) that may arise from or in any way relate to this Agreement or the Licensee's use of the Right -of -Way. 6. Notices. Any notice to either party shall be sufficient if mailed by United States mail, postage prepaid, at the following addresses: City of Salina, Kansas c/o City Clerk P.O. Box 736 Salina, KS 67402-0736 104 N. Santa Fe, LLC c/o Roger W. Mattison 485 Upper Mill Heights Drive Salina, KS 67401 7. Binding Effect. The City and Licensee agree that this Agreement shall be recorded with the Office of the Saline County Register of Deeds and shall be indexed to the Property. This License shall "run with the land" in relation to the Property and shall be binding upon and inure to the benefit of the Licensee, its authorized or permitted successors and assigns, and any subsequent owners of all or any portion of the Property. -2- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives. CITY OF SALINA, KANSAS ("CITY") LON Jon R. Blanchard, Mayor Date: ATTEST: LIZ Shandi Wicks, CMC, City Clerk 104 N. SANTA FE, LLC ("LICENSEE") IN STATE OF KANSAS, COUNTY OF SALINE, ss: Roger W. Mattison, Managing Member Date: Edward A. Vidricksen, Managing Member Date: This instrument was acknowledged before me on the day of February, 2016, by Jon R. Blanchard as Mayor of the City of Salina, Kansas, and Shandi Wicks as City Clerk for the City of Salina, Kansas. My appointment expires: Notary Public STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on the day of February, 2016 by Roger W. Mattison as a Managing Member of 104 N. Santa Fe, LLC, a Kansas limited liability company. My appointment expires: STATE OF COUNTY OF Notary Public ss: This instrument was acknowledged before me on the day of February, 2016 by Edward A. Vidricksen as a Managing Members of 104 N. Santa Fe, LLC, a Kansas limited liability company. My appointment expires: -3- Notary Public RESOLUTION NUMBER 16-7319 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT WITH 104 N. SANTA FE, LLC. BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. That the Mayor is hereby authorized to execute a license agreement with 104 N, Santa Fe, LLC, subject to the terms and conditions of the agreement. Section 2. That the City Clerk is hereby directed to file the original agreement and retain according to the City of Salina Records Management Policy. Section 3. That this resolution shall be in full force and effect from and after its adoption. Adopted by the Board of Commissioners and signed by the Mayor this 22"d day of Februarv, Jon R. Blanchard, Mayor (SEAL) ATTEST: Shandi Wicks, CMC, City Clerk