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Riverton council approves vacation of 20-foot alley, sets $3,000 payment after debate

2843986 · April 2, 2025
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Summary

The Riverton City Council voted to vacate a 20-foot alley in Original Town of Riverton Block 2 and approved a replat; council set compensation at $3,000 after residents, St. Margaret’s representatives and councilmembers debated precedent and student safety.

The Riverton City Council voted to adopt Ordinance 25-004 on third and final reading on April 15, 2025, vacating a 20-foot alley between Lots 1–6 and Lots 7–12 in Block 2 of the Original Town of Riverton, approving a related replat and setting a payment of $3,000 to the city for the vacated land.

City Attorney’s office staff member Mr. Butterfield told the council the alley vacation process is governed by state law and that petitioners had met statutory requirements to request the vacation. “State statute 15 4 3 0 5 ... states the governing body has exclusive power and by ordinance may vacate any highway, street, lane, or alley, or portion thereof,” Butterfield said, and he noted easements would remain in place to protect utilities and access for neighboring property owners.

The petitioners — St. Margaret’s Church and School — said the primary aim of the vacation and replat is student safety. “The goal of the alleyway vacation in Re Platt is really about student safety,” said Megan Mosbrucker, principal at St. Margaret’s School. Mosbrucker told council that the church and school had previously been prepared to pay $2,500 based on their own research, but asked the council to consider waiving compensation.

Council members focused on two competing considerations: public-safety benefits from closing or restricting the alley during school hours, and the municipal need to set an objective compensation precedent. Councilman Mike Bailey moved to amend the ordinance to set compensation at $4,000, citing the city’s need to avoid an arbitrary precedent; that amendment failed in a voice vote. Councilwoman Karen Johnson then moved to set the compensation at $3,000; that motion passed and the ordinance was adopted on the revised terms.

Speakers in the discussion raised questions about long-term ownership and precedent. Property owner Chance Wilczewski warned that any local valuation could be used as a comparable in future alley vacations and urged the council to consider broader market effects. Father Louis Shea, pastor at St. Margaret, noted the alley is in poor physical condition and said the church sometimes waives rental fees for community groups; he offered the church would accept help with repairs.

The adopted ordinance includes language demanding compensation for the vacated land and approves Replat Number 1 for the block, while preserving utility easements and pedestrian/maintenance access as specified in the replat documents. The council’s motion to adopt Ordinance 25-004 was made by Councilman Mike Bailey and seconded by Councilman Eric Carr; the final roll-call on adoption recorded Councilman Eric Carr as opposed and Councilwoman Rebecca Pearson Lewis, Councilman Mike Bailey, Councilwoman Carla Borders, Councilwoman Karen Johnson and Mayor Tim Hancock as voting in favor.

The replat and alley vacation modify lot lines in a way that the city says will preserve utility access and codify easements; the ordinance packet included an opinion of price prepared by a local real estate broker that estimated a $4,500 value for the alley, but the council exercised its statutory discretion to set compensation at $3,000.

The council’s action finalizes the replat and authorizes staff to record the ordinance and replat as required by city code.