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
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