Council introduces resolution to vacate portion of West Avenue right-of-way tied to 223 Southwest Ave. sale

The Waukesha City Common Council on Feb. 3 introduced a resolution to discontinue and vacate a small portion of the West Avenue right-of-way that encroaches on a surplus building at 223 Southwest Avenue. Staff said this is the initial procedural step and that the council will wait the statutorily required notice period before taking final action, which staff expects on March 17.

City staff explained that part of the building extends into what is formally the right-of-way and, as currently configured, the sidewalk "takes a little zigzag around the building" but the action to vacate will not change the physical sidewalk alignment. Brian explained the goal is to "put all of that building within the parcel that's going to be sold" so the buyer can take ownership without dividing the structure from the lot.

Staff emphasized the process is controlled by statute and requires posting and publication of notices and a minimum waiting period (about 40 days) so the public can comment. The staff presentation noted the caption in the draft resolution would be revised to make clear the action is vacating a portion of the right-of-way, not the sidewalk, ahead of the final resolution on March 17.

Why it matters: If approved, the change would allow the city to convey the former water-utility building cleanly to a buyer while preserving the existing pedestrian route. The change is procedural at this stage; council members and staff said it does not alter the physical sidewalk or the public's ability to use it.

Next steps: Staff will publish required notices and return the item for final action on or after March 17, allowing time for any public input required by statute.