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Board discusses naming Highway 33 wayside; deed limits overnight parking restrictions
Summary
Board examined whether the Highway 33 Wayside can be named and treated as a park; the city attorney said the parcel may be named and improved but the deed requires it remain a highway wayside and prevents restricting overnight parking unless Wisconsin DOT surplus the land.
The Park and Recreation Board discussed whether to give a formal park name to the Highway 33 Wayside and what restrictions, if any, the city could impose on overnight parking.
Parks staff reported the parcel deed contains a DOT provision that the "Highway 33 East Wayside shall continue to be used and maintained as a highway wayside and may be used for other outdoor recreation purposes." The city attorney advised that the parcel may be given a park name and signed as a park, but the deed requires it remain a wayside and limits the city's ability to restrict overnight parking unless the state declares the parcel excess and transfers it to the city.
"We can name the park and the attorney says we can still call it a park... however, because of the deed, it has to stay a wayside and we cannot control overnight parking," parks staff summarized. The attorney recommended the board make a naming recommendation, send it to planning commission, then have common council adopt a resolution designating the parcel for park purposes and an ordinance specifying special rules (revision to Ordinance 54-50).
Board members asked whether the city could seek DOT enforcement or request surplus status; staff said the city could petition the DOT to remove wayside status but that such transfers are uncommon and the presence of a historical marker and adjacent Fort Winnebago site make surplus unlikely. The attorney also noted the city can still regulate overnight camping (e.g., tents) even if it cannot prohibit a person from sleeping in a vehicle at a DOT wayside.
The board did not name the site at the meeting but asked members to suggest names and prepare for a process that would include planning commission and common council review.
