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Board approves partial vacation of Thirteenth Street right-of-way for Badger Corrugating in 3–1 vote
Summary
The Board of Public Works approved a request from Badger Corrugating to partially vacate public right-of-way on Thirteenth Street so parking stalls will lie entirely on private property; the motion passed 3–1 and staff will prepare a legal description and a council resolution for later review.
The Board of Public Works on Sept. 15 approved a request from Badger Corrugating Company to partially vacate a strip of public right-of-way on Thirteenth Street so parking stalls adjacent to the company’s property would be entirely on private land. The motion to approve the initial request passed 3–1.
Dan Miller, who was signed up to speak for Badger, told the board the item “stems from back in 2010” when Badger received a street-privilege permit for parking stalls and that the company rebuilt stalls during an earlier phase of work to engineering specifications. “So now that we've started phase 2, we're asking for the same for the similar condition to be granted so that they can maintain the stalls on the northerly half of the block,” Miller said.
City staff described two options: Badger could deed the portion of property to the city so it would be declared right-of-way, or the city could partially vacate the right-of-way and transfer the land to Badger so all stalls would lie on private property. Staff also said the right-of-way line currently runs roughly down the center of the parking stalls and that the company plans to reconstruct stalls to the same engineering specifications used earlier.
Council President Dickinson asked for clarification on process and next steps; staff said this Board’s approval represents the first step under the city’s vacation-of-rights-of-way policy. If the Board approves, staff will return to engineering to prepare a legal description and a map and then prepare a resolution for sponsorship and consideration by the full city council in a future meeting.
Staff noted the city’s code requires property owners within a radius around the affected parcel be notified before council action; staff said that notification has not yet been done and estimated the radius would be 200–300 feet when the matter advances to council. Council Member Trost, who participated online and represents the district where the property sits, said he had no questions but noted the parcel crosses two sections that have had separate treatments in the past.
The Board’s vote was 3 in favor and 1 opposed. Board members who moved and seconded the motion identified in the meeting were Council President Dickinson and Director Train. No formal amendment was adopted. Staff will prepare the legal descriptions and the council resolution and return the item to the city council for final action.
The Board’s action is procedural rather than a final transfer of title; any transfer of property or legal change will require subsequent council approval and the statutorily required neighborhood notification prior to that vote.
