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Riverton council grants five-year extension on downtown lot deed restrictions after heated debate
Summary
After more than an hour of public comment and council discussion, Riverton council voted to extend deed performance requirements on 422 East Main for five years while keeping the city's right of reversion in place. Owner Amanda Henry said the restriction limits her ability to secure financing; downtown businesses urged keeping the space available for parking and interim beautification.
Riverton — The City Council voted Feb. 17 to grant a five-year extension of the performance requirements attached to the warranty deed for 422 East Main, leaving in place the city’s right of reversion if development does not occur.
The motion, offered by Councilman Eric Carr and seconded by Councilwoman Rebecca Brothers, followed nearly two hours of public comment and council debate over whether to remove deed restrictions that were placed on the property when it was sold as an economic-development opportunity. Amanda Henry, the property owner, told the council she has put cash into the site and that the reverter clause has hampered her ability to use the lot as collateral. "I have an investment of $52,000 that I paid for the property," Henry said, appealing to the council not to strip the parcel of its utility.
Downtown business owners and merchants urged the council to preserve the lot’s current use as short-term parking and to support interim beautification. Ted McCool, representing downtown business interests, urged the council to consider two-hour parking along Main Street to relieve congestion. Former Mayor Ron Warpness and other longtime residents reminded the council that the lot was previously a brownfield that required cleanup before it could be sold.
Council members split on the appropriate path. Several members emphasized the original intent of the sale — to spur downtown economic development — and supported retaining the reverter clause as an incentive for timely development. "The sale was for economic development; the reverter clause was meant to spur that," Councilman Carr told colleagues, while acknowledging the extraordinary, unforeseen economic conditions that have followed the lot's sale.
Ultimately the council chose a compromise: a five-year extension of the existing performance timelines, with the deed reversion language remaining in force. Several council members said the extension gives Henry time to pursue financing or proceed with development while reserving the city’s statutory ability to recover the asset if no substantive work occurs in the extended period. The council asked staff to calendar a progress update within the extension period so the council can review any demonstrable development activity or barriers to financing.
The vote was taken after a motion to remove the restrictions entirely failed. Council members pressed Henry to provide evidence from lenders, if available, that the reverter clause prevents conventional financing; council members said such documentation would inform any future consideration of lifting restrictions earlier than the extension’s end.
The action preserves the city’s interest in encouraging downtown development while providing the property owner additional time to advance redevelopment plans or interim beautification projects.
The council moved on to other agenda items after the vote; the extension motion passed on a council majority.
