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8.4 Agr Communication CableCITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 1/6/97 4:00 P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO, AGENDA: 8 Engineering & Utilities ITEM NO, 4 BY: Shawn O'Lear~ B Y:~~ ITEM Resolution to allow construction of a building over an existing utility easement and a license agreement to place private communication cable in the public right-of-way. BACKGROUND A request has been received from the management of Mowery Clinic, located at 737 East Crawford Street, to construct a new clinic building over an existing utility easement. This request has come only after the architect for the clinic has exhausted all other development alternatives for the needed expansion of the facility. A sketch of the proposed building and its relationship to the easement is attached. This resolution by the City Commission is required as a condition of City Ordinance Number 91-9486 which prohibited any building or structure from being placed in any platted or recorded public easement. The City Commission approved that ordinance on December 9, 1991. The City of Salina was one of the last first class cities in Kansas to pass such an ordinance. Prior to the ordinance, many problems had been encountered involving conflicts with buildings and utilities. The ordinance has succeeded in preventing any further problems. In fact, this is the first formal request for a waiver of the ordinance. It is staffs opinion that waivers should be granted only in exceptional cases where the applicant has clearly exhausted all other options. And, if the waiver is granted, the conditions for construction in the easement should be clearly established. In the case of Mowery Clinic, the existing easement is used by KPL, Southwestern Bell and the City of Salina. Both KPL and Southwestern Bell have agreed to relocate the existing utilities at the cost of Mowery Clinic. However, the 21-inch sanitary sewer pipeline owned by the City cannot practically be relocated. The City Engineer has approved the proposed construction of this building over this pipeline provided that certain conditions of construction are met. In essence, the pipeline shall be encased below the building to allow future maintenance or replacement of the pipeline without disturbing the building. This encasement shall be completed at the cost of Mowery Clinic and under the direct supervision of the City Engineering and Utilities Department. In addition to the sewer easement issue, Mowery Clinic is also requesting a license agreement from the City to install a private communication cable in the Prescott Avenue street right-6f-way. This cable will provide a connection between the proposed new building and the existing main facility. The City Attorney has prepared the license agreement as attached. RECOMMENDATION It is recommended that the City Commission approve the resolution authorizing Mowery Clinic to construct a building in any existing public utility easement and approve the license agreement for a communication cable in the public street right-of-way. Resol ution Number 97-5101 i i i i