Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Rights Of Way Sidewalks topic
No spam. Unsubscribe anytime.
Council approves right-of-way use agreement for 223 S. Delaware, waiving additional insurance requirement
Summary
The council approved a right-of-way use agreement permitting landscaping in the city right-of-way at 223 South Delaware Street and omitted the draft requirement that the property owner carry additional-insured coverage for the city.
The Tonganoxie City Council voted to approve a right-of-way use agreement allowing the property owner at 223 South Delaware Street to use a portion of the city right-of-way for lawn and landscaping. The council’s approval omitted the draft agreement’s subsection requiring additional-insured coverage for the city.
City staff described two alternatives considered: a full right-of-way vacation (requiring surveying and Planning Commission consideration) or a right-of-way use agreement. Staff recommended the latter for this one-off situation. City Attorney Anna advised staff had revised the draft to require the property owner to maintain property insurance but not to require additional-insured status for the city. The property owner, Lisa Patterson, asked the council to waive any insurance requirement, saying she was not currently required to carry property insurance and was concerned about future buyers.
Councilmembers discussed precedent and noted there are other older parts of town with sidewalk gaps; staff said the city’s code typically requires sidewalk installation on one side of the street and that right-of-way use agreements are not a universal solution. Council moved to approve the right-of-way use agreement with omission of section 2I (the insurance requirement) and passed the measure. Staff said the agreement limits the authorized activity to lawn/landscaping and that staff generally recommends insurance in other right-of-way use cases if risk is higher.
Council also discussed broader sidewalk and connectivity priorities and potential grant programs for ADA accessibility to address larger sidewalk gaps across older parts of the city.
