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Dayton council approves vacation of Bait Street right-of-way after split vote
Summary
After a divided initial vote and a successful motion to reconsider, the Dayton City Council approved a request to vacate a historic right-of-way on Bait Street, despite staff concerns about reserving the corridor for future utility or road uses.
The Dayton City Council voted 4–1 on Sept. 9 to approve a request to vacate a town‑site right‑of‑way on Bait Street that had remained unused since the 1866 Dayton Plat.
Jill Plant, whose property borders the right‑of‑way at 18270 Dayton River Road, told council she and other neighbors "would love to have that road vacated" and said the strip has not served the public in living memory. "It serves no purpose," she said, urging the council to allow adjacent owners to use the land.
City staff recommended denying the vacation, citing state statute standards for vacating streets and potential future needs. Staff warned the corridor could be useful for a future county road realignment or to route utilities — including a possible connection related to a proposed water tower study in the historic village. The staff report noted that the right‑of‑way was dedicated under the townsite plat and that utilities were contacted and reported no current infrastructure within the ROW.
Council members debated the timing and trade‑offs. One member said the parcel "hasn’t been utilized in over 150 years" and argued the city should not hold land it does not plan to use. Others cautioned that the city is on the cusp of several infrastructure decisions — including water‑system improvements and a county corridor study — and that vacating the ROW now would eliminate an option they might later need.
The motion to approve the vacation failed on its first vote. After discussion about how the house relocation and garage construction could proceed under current zoning even without a vacation, a council member moved to reconsider the failed motion; that reconsideration passed and the council then approved the vacation 4–1. Councilmembers who voted against the final approval cited uncertainty about future utility and roadway needs for the area as their reason.
What happens next: the council adopted the resolution approving the vacation; staff will finalize the administrative steps required to record the change. The council also discussed the possibility of preserving a utility easement by private agreement with the property owners, but staff said any such easement would be a separate, private arrangement and was not part of the current resolution.
Provenance: Staff presentation and recommendation (SEG 1750–1796; SEG 1808–1841); public comments by Jill Plant and Joe Plant supporting vacation (SEG 1985–2033; SEG 2149–2171); council debate, failed initial motion, motion to reconsider and final vote (SEG 2323–2742).
