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De Soto City Council members narrowly voted last Thursday to accept the right-of-way and maintenance responsibilities of a private drive.

The council also made amendments to the city’s zoning map and subdivision regulations in a public meeting.

At issue, first, was consideration of accepting dedicated right-of-way from property owned by Chuck Oswalt on 97th Terrace east of Kill Creek Road.

The street was platted as a private drive when developed in 1990 with “utility and private permanent road easement … to be the sole responsibility of and is to be maintained by the owners or by the 97th Terrace Homeowners Association, if established.”

De Soto city engineer Mike Brungardt said former De Soto mayor Steve Prudden, who lives just northeast of the intersection of Kill Creek and 97th Terrace, approached staff about the issue earlier this month, explaining that since the time surrounding properties were annexed in 1998, the city had been performing snow removal, dust control and gravel surface repairs on the road.

When that maintenance was discontinued in 2006, it was under the assumption that previous maintenance had been carried out in error, Brungardt said.

Nevertheless, Oswalt requested the city again assume the maintenance responsibilities for 97th Terrace.

Councilwoman Betty Cannon sympathized with Oswalt.

“I feel like if we took responsibility for it for all those years, maybe we should have the responsibility now,” she said.

Councilwoman Mitra Templin disagreed.

“I have a little bit of an issue taking this on, especially because it services only a few properties, many of which are not in the city,” Templin said.

“This truly is a private drive,” she added. “I don’t want another four or so properties getting free maintenance without payment to the city.”

Ultimately, a motion to allow staff to prepare a quick claim deed, essentially acquiring all right-of-way along Oswalt’s property, met a 2-2 vote (Council member Ted Morse was not present), with Mayor Dave Anderson casting the deciding vote to accept the right-of-way.

Anderson added he would direct staff to contact homeowners on 97th Terrace that are not part of the city to inquire about filing for voluntary annexation into De Soto.

In other business Thursday, the city council:

• Approved the future land use map for the 95th Street corridor.

• Approved, 4-0, a rezoning application for 1.84 acres of property just south of Kansas Highway 10 on Lexington Avenue owned by Roger Simmons.

The zoning district from will be changed from rural to residential suburban because of Simmons’ intention to build an accessory garage on his property.

• Adopted an ordinance amending the city’s subdivision regulations to provide wording regarding condominiums.

Brungardt said that under the ordinance, basically a covenant would be signed between the city and the developer of a condominium, so the developer — or eventually a partnership of condominium owners — would be responsible for maintenance of the building, grounds and parking lot.

• Approved, 4-0, a $5,295 expenditure for a new sewage lift pump at the De Meadows lift station.

• Unanimously approved a 5 percent yearly pay increase for City Administrator Pat Guilfoyle, retroactive to March 6, 2008.

Guilfoyle thanked the council for its action, saying, “I really feel like De Soto’s home, and I’ve really enjoyed working here the past two years.”

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