Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Right Of Way Vacation topic
No spam. Unsubscribe anytime.
Aldermen approve ordinance vacating excess right-of-way near Hackman Lumber with curb‑cut restriction
Summary
The Board of Aldermen unanimously approved an amended ordinance vacating an excess right-of-way near Hackman Lumber, reserving utility and drainage easements and adding language that vacating the right-of-way does not permit a curb cut without separate city approval and site-plan review.
The Board of Aldermen on Sept. 16 voted 4–0 to approve an amended ordinance vacating certain excess right-of-way adjacent to Hackman Lumber; amended Bill 5291 became Ordinance 3,462, the mayor announced. The motion to approve the amended bill was made by Alderman Stewart and seconded by Alderman Cleave.
City Attorney Carr told the board that the ordinance will reserve utility and drainage easements over the area to be vacated and that "nothing in this vacation ordinance should be construed as any kind of permission to make a curb cut onto the private street." She said any curb cut would require a separate site-plan review and permit application to the city.
Public Works Commissioner Bergman and other staff said the city does not own the underlying land in fee; the city holds a right‑of‑way interest dedicated in the past, which the ordinance will vacate. Carr explained that the absence of a deed or eminent-domain documentation meant the city only held a right-of-way interest, not fee ownership, and that the right-of-way continues to exist until the city formally vacates it.
Board members discussed whether the city should add the curb‑cut restriction to the ordinance before voting; Attorney Carr drafted the language and aldermen amended the pending motion to approve the ordinance with that addition. With the amendment incorporated, the roll call showed four ayes and no nays, and amended Bill 5291 became Ordinance 3,462.
