97-5103 Intent Vac Access CntrlCm hd,ld Sal,,
RESOLUTION NUMBER 97-5103
A RESOLUTION EXPRESSING THE INTENT OF THE GOVERNING
BODY TO FAVORABLY CONSIDER A PETITION FOR VACATION OF CERTAIN
ACCESS CONTROL ON SOUTH NINTH STREET, SUBJECT TO CERTAIN
CONDITIONS.
WHEREAS, DMH & Associates, L.L.C. wishes to petition for the
vacation of access control on South Ninth Street to the extent necessary to
allow for the construction of a "right-in/right-out" entrance, Thirty (30) feet
in width (the center line of which shall be located Two Hundred Seventy-five
(275) feet south of the center line of Magnolia Road) , running west from the
South Ninth Street right-of-way line approximately Three Hundred Twenty (320)
feet to the existing north -south driveway extending south from Magnolia Road
(the "Entrance");
WHEREAS, Under Kansas law the governing body's consideration of a
petition for the vacation of access control is subject to published notice and a
public hearing by the governing body; and
WHEREAS, in order to indicate its preliminary conceptual agreement
with the feasibility of vacating the restricted access necessary to allow for
construction of the Entrance as proposed, the governing body wishes to adopt
this resolution, subject to the terms and conditions outlined herein; SO NOW
THEREFORE:
Kansas:
BE IT RESOLVED by the Governing Body of the City of Salina,
Section 1. That the governing body finds:
(a) The distance between the Entrance as proposed
and the intersection of South Ninth Street and Magnolia
Road is adequate;
(b) The right-in/right-out nature of the Entrance as
proposed mitigates many safety concerns; and
(c) The Entrance as proposed can be made safe and
effective if the Entrance is properly designed.
Section 2. That based upon the findings outlined above, the
governing body expresses its conceptual agreement with the proposed vacation
of access control necessary to allow for the construction of the Entrance and
expresses its intent to favorably consider a petition seeking vacation of the
necessary access control, subject to:
(a) Consideration of information presented or opinion
expressed at the public hearing regarding the vacation; and
(b) Submission by the petitioner and approval by the
governing body of design plans for the Entrance which
address public health, safety and welfare needs by
providing for:
1. Safe and effective acceleration and
deceleration lanes for South Ninth Street.
2. A safe and effective driveway, including
separation from outparcel parking and use areas
between South Ninth Street and the existing
north -south driveway extending south from
Magnolia Road.
3. Safe and effective traffic connection at the
point where the new east -west driveway and the
north -south driveway access improvements.
4. Safe and effective
in the right-of-way at
Street access point.
S. Safe and effective
or asphalt construction
engineering standards.
storm drainage facilities
the new South Ninth
curb radii and concrete
in accordance with city
Section 3. That the City Manager is authorized to set a date for
and publish notice of a public hearing on the petition for vacation of access
control.
Section 4. This resolution shall be effective immediately upon its
adoption by the governing body.
Adopted and passed this 6th day of January, 1997.
{SEAL}
ATTEST:
Cudy D. on CMC, Cit lerk
Evelyn Maxwell, Mayor