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Commission approves vacation of alley segment near 6th Avenue North; staff cites North Dakota Century Code
Summary
The planning commission voted to approve vacating the final stretch of an alley near 6th Avenue North and 2nd Street, subject to utility verification; staff noted the process is governed by North Dakota Century Code Chapter 40-39.
The commission approved a request to vacate a remaining stretch of alley near 6th Avenue North and 2nd Street as part of the Keeney and Debit 2nd edition item. Donald Kress of the Planning Department explained that part of the alley had been vacated in December 2023 and that the remaining segment is proposed for vacation with retained access easements for adjoining owners; he said adjoining owners include BNSF Railroad, which has not agreed to vacate its portion.
Kress told commissioners, "Vacations of right away are done pursuant to North Dakota Century Code," citing Chapter 40-39 and noting the applicant must verify there are no existing utilities in the segment before the item advances to the City Commission. After no public testimony, a motion to approve based on staff recommendation passed on roll call. The approval is contingent on completing utility company contacts and final technical steps before City Commission consideration.
