03-5954 Vac Long Mac Addcpm.'It'nsai1a
RESOLUTION NUMBER 03-5954
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, Mr. Larry Marshall, Marshall Motor Company, Inc. wishes to petition for
the vacation of access control on South Ninth Street to the extent necessary to allow for the
construction of a driveway, Thirty-seven (37) feet in width (the center line of which shall be located
Two Hundred Thirty (230) feet south of the north property line of Lot 2, Block 1, Long McArthur
Addition);
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:
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. That the governing body finds:
(a) The location of the Entrance as proposed in accordance with the
traffic impact study recently completed by the applicant's traffic engineer;
and
(b) The Entrance as proposed can be made safe and effective if the
Entrance is properly designed and coordinated with the Water Well Road
and I-135 Interchange Project.
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. Safe and effective storm drainage facilities in the right-of-way at
the new South Ninth Street access point.
3. Safe and effective curb radii and concrete construction in
accordance with city engineering and KDOT standards.
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 7' day of July, 2003.
{SEAL}
ATTEST:
Lieu Ann Nicola, City Clerk
Alan E. Jilka,ayor