7.4 Closure & Vacation of the West side of South 4th StreetCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/02/2016 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 7
BY: NIA
ITEM CITY CLERK'S OFFICE FINAL APPROVAL:
NO: 4
Page 1 BY: Shandi Wicks BY: JAG
ITEM: Ordinance No. 16-10832
Second reading of Ordinance No. 16-10832 requesting closure and vacation of the west side of South
Fourth Street between Claflin Avenue and Cloud Street.
BACKGROUND:
Ordinance No. 16-10832 was passed on first reading on April 25, 2016. Since that time no comments
have been received.
RECOMMENDED ACTION:
Adopt on second reading Ordinance No. 16-10832.
(Summary published in The Salina Journal on May _, 2016.)
(Published on the City of Salina's website from May , 2016.)
ORDINANCE NUMBER 16-10832
AN ORDINANCE ORDERING THE VACATION OF RIGHT-OF-WAY FOR SOUTH
FOURTH STREET IN THE GROUNDS OF KANSAS WESLEYAN UNIVERSITY
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 April S, 2016, the Salina City Planning
Commission conducted a public hearing ("Public Hearing'I on the petition filed by Kansas
Wesleyan University ("Petitioner") requesting vacation of South Fourth Street abutting the College
Campus in the Grounds of Kansas Wesleyan UniN rsity Addition in the City of Salina, Saline
County, Kansas, more particularly described as follows:
Right -of -Way Vacation Description:
The right-of-way for the west side of South Fourth Street, in the Grounds of Kansas Wesleyan
University Addition to the City of Salina, Saline County, Kansas being more particularly
described on the attached and depicted on the attached and incorporated Exhibit A (the "Right -of -
Way").
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.
(B) Kansas Wesleyan University owns both sides of the entire Fourth Street frontage between
Claflin Avenue and Cloud Street and no other property owner would be directly affected by the
street closure.
(C) The complete closure of Fourth Street would enhance the safety of pedestrians traveling
between the main campus and Graves Family Athletic complex.
(D) Kansas Wesleyan's plans for the area proposed to be closed and vacated would enhance
the aesthetic appearance of their campus and the corridor between Claflin Avenue and Cloud
Street.
(E) The Salina Fire Department has concluded that emergency access to campus facilities can
be maintained under the plans submitted by Kansas Wesleyan and that emergency response time
from Station No. 2 would not be negatively impacted by the closure and elimination of Fourth
Street.
(F) A traffic study prepared on behalf of the petitioner concluded that while the closure of
Fourth Street will affect the level of service performance at street intersections around the
Kansas Wesleyan campus it will not create unsafe conditions at these intersections because the
overall traffic volumes will continue to be low.
(G) No public or franchise utility provider objects to the closure of Fourth Street and the
vacation of the right-of-way for the west side of Fourth Street as long as a utility easement is
retained.
(H) Closure of South Fourth Street will not deprive any other private property of street access or
affect the developability of any neighboring property. No private rights will be injured.
(I) The general public will suffer no loss or inconvenience as a result of the permanent closure
of South Fourth Street because alternative northbound and southbound routes are available.
Section 3. Order of Vacation. The Right -of -Way is ordered vacated, subject to the following
conditions:
(a) The petitioner is responsible for the cost of all pavement removal on South Fourth Street.
(b) The entire vacated right-of-way shall be retained as a public utility/drainage easement;
(c) The petitioner shall construct a fire access lane along the east side of the Student Activities
Center to ensure continued emergency vehicle access to the all campus buildings and
facilities.
(d) The petitioner shall be responsible for installing a crosswalk on Cloud Street opposite the
south entrance gate to the stadium.
and shall revert to the College Campus in the Grounds of Kansas Wesleyan University Addition to
the City of Salina, Saline County, Kansas in accordance with K.S.A. 13-443.
Section 4. Recording. For the purpose of recording this ordinance with the office of the Saline
County Register of Deeds, this vacation of street right-of-way relates to the tract of real property
described as College Campus in the Grounds of Kansas Wesleyan University Addition, City of
Salina, Saline County, Kansas.
Section 5. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 16-10832 Summary
On May 2,'2016 the City of Salina, Kansas, passed Ordinance No. 16-10832. The ordinance closes and
vacates the west side of South Fourth Street as a public street between Claflin Avenue and Cloud Street,
which is no longer needed to provide public street access to adjacent properties. A complete copy of the
ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of
charge. This summary is certified by the city attorney.
Section 6. Effective Date. This ordinance shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
Introduced: April 25, 2016
Passed: May 2, 2016
Kaye J. Crawford, Mayor
[SEAL]
ATTEST:
Shandi Wicks, CMC, City Clerk
Certification of Publication Summary:
Greg A. Bengtson, City Attorney