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Clinton council denies request to vacate alley behind 1247 9th Avenue South
Summary
After a public hearing with multiple residents testifying that the alley provides backyard access, the City Council voted unanimously to deny a petition to vacate the alley behind 1247 9th Avenue South.
Clinton City Council on Jan. 14 voted to deny a request to vacate the alley right-of-way located behind 1247 9th Avenue South, following a public hearing in which several neighbors said they use the alley for yard access and maintenance.
The motion to adopt the resolution denying the alley vacation was made by Council member Schemmers and seconded; the council voted unanimously to adopt the resolution. The city attorney’s office reminded council members that sales or vacations of public property are within the prerogative of council but that state law (Iowa Code chapter 354.23) requires a factual finding that the property is of no benefit to the public before a vacation can be approved.
The hearing drew several residents who said the alley is the only practical access to rear yards. Gayla Creeley, a property owner at 1247 9th Avenue South, said she and neighbors have not seen anyone use the alley in recent decades but asked to purchase it because it floods and she wants to fence and use the space. Tom Widener, who lives two doors east at 1239 9th Avenue South, said he relies on the alley for backyard access, including for moving trailers and performing maintenance; he said removing the alley would “virtually make my house unsellable.”
City staff and the planning commission recommended denial. The city attorney (identified in the hearing as Pat) told council that the standard under Iowa Code chapter 354.23 is whether the right-of-way “is of no benefit to the public.” He cautioned that if citizens testify that they use the alley, vacating it could be “problematic.”
After discussion, council member Schemmers moved the resolution denying the vacation; roll call showed all members voting yes, and the mayor declared the alley would not be vacated.
The council’s minutes show the denial is a final determination on the current petition; residents and the applicant may pursue further legal or administrative options outside the meeting record if they choose.
