Sioux City property owners withdrew a petition to vacate portions of Madison Street and West 40th Street after a detailed discussion about utility access and steep site elevations during the Sept. 15 City Council meeting. Council members had been considering whether to vacate the right-of-way while preserving easements for future utilities.

Why it matters: The council was weighing competing interests — the property owners’ desire to consolidate and develop their land and neighbors’ and staff’s concerns about preserving the city’s ability to extend utilities and access future development. Rather than vote on a vacation, the petitioners withdrew and the council removed the item from the agenda for later resubmittal with additional technical documentation.

Council and staff discussion focused on topography, future utility corridors and possible compromises. A city staff representative said grading and elevation differences made road extension difficult and recommended retaining utility easements over any vacated right-of-way so the city could extend water or sewer in the future. The staff member also described the typical practice of including deed language preserving rights for “any existing utilities” and suggested drafting it to cover “any future utilities.”

Resident speakers described both sides. Bridal Reynolds, a nearby property owner, urged the council to preserve 40th Street for future shared access and said, “I see a big use for 40 if we get this developed over here.” He argued the city should retain the right-of-way for neighborhood access. Melissa Einhorn and Barry Bulkey, petitioners seeking to buy and develop the parcels, told the council they had tried to compromise, agreed to grant easements and planned to hire an independent engineer to produce elevation and utilities analyses. Einhorn said the couple would withdraw their petition and return later with an independent survey and engineering report.

Formal action: After the petitioners announced their withdrawal, the councilor who had moved to advance the vacation rescinded the motion and the council agreed to remove the item from the agenda. No vacation was approved.

What happens next: Petitioners said they will hire an independent engineer, secure a survey and return with a clarified plan to show where utilities could run and how access could be preserved. The council asked staff to include options such as blanket utility easements over vacated right-of-way language if a future vacation is proposed.

Speakers quoted in this article spoke during the agenda item addressing the Madison/40th vacation and during public comment on that item.