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Council members debate charging fee to return gifted right-of-way; Penn urges split votes
Summary
Councilman Penn urged colleagues to approve vacation of a right-of-way (item 47746) without charging a fee because the land was originally given to the city; he asked them to oppose a separate, related vacation fee item (47747).
Council members discussed two related agenda items concerning vacation of a right-of-way at the corner of Dauphin and Sage Avenue. One item would approve the vacation and the other would impose a fee for the vacation.
Councilman Penn asked colleagues to vote yes on agenda item 47746 and to vote no on 47747, saying the parcel was originally given to the city and therefore the city should not charge to return it. He described the situation as unique and asked the council to treat the matter as a return of land to the original owner rather than a typical sale.
Staff explained the right-of-way had been created as a service road in a 2007 planned unit development (PUD) intended for internal traffic flow, that the PUD no longer exists and the service road has never been used. Staff also said the right-of-way does not connect to any public right-of-way under current development plans.
The transcript records Penn’s request and staff explanation; no formal roll-call vote or final action on the items appears in the provided excerpt.
