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Public raises access concerns as council considers vacating Miller/Bennett right-of-way
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Summary
The Rawlins City Council took public comment and heard staff presentations on PZ2603001, a proposal to vacate a portion of Miller and Bennett streets; public commenter James Cruz said losing Miller Street would cut off his primary access, while staff said the parcel has not functioned as a roadway for years and planning recommended moving the item forward.
The Rawlins City Council opened a public hearing on April 7 over planning and zoning application PZ2603001, which would vacate a portion of the city right-of-way at the intersection of Miller and Bennett streets.
James Cruz, who said his family has historically accessed their property from Miller Street, told the council the current embankment and placement of a fire hydrant and water meter make it impossible to back a long trailer onto his property if the street is vacated. "It's very important that that street access allows me into my property," Cruz said, asking that the council consider his ability to purchase the adjoining city-owned portion if the vacation proceeds.
Planning staff (Lou) said the application followed the city’s ordinance and planning and zoning had moved the proposal to council with a 3–1 recommendation. Lou described a three-foot embankment behind a hydrant and said the right-of-way has been vacant and unused for many years. "There was none (infrastructure) running down the center of that roadway," Lou said, adding that one abutting owner paid appraisal and survey costs during the review process.
City Attorney Mayberry told the council that vacating a right-of-way is a statutory and ordinance process and that vacating would remove future maintenance obligations for the city; he said conveyance priorities under statute generally favor abutting property owners but that conveyance specifics are premature at the vacation stage. "This is very much an ordinance and statutory process," Mayberry said, adding the council's role is to determine whether the vacation is in the public interest and whether access remains for abutting parcels.
Council members asked staff to clarify whether the hydrant or meter would need to be moved and whether access would be preserved for neighboring lots. Planning staff said the city had notified owners within the 300-foot statutory buffer and that Carbon County had raised no objections to the vacation.
A formal motion to approve first reading and waive the reading of the ordinance was made by Council Member Singer and seconded; the transcript records the motion and discussion but does not include a recorded final vote in the provided excerpt.
Next steps: the council's ordinance process and any conveyance decisions would be handled in subsequent proceedings if the first reading is advanced.
