Billings Clinic has petitioned to vacate 9th Avenue North between North 28th Street and North 29th Street, North 28th Street between 7th Avenue North and 9th Avenue North, and the south half of North 28th Street between 10th Avenue North and 11th Avenue North.  This ROW will be given to the Billings Clinic in exchange for property near the library.  Currently, there are water mains, sanitary sewer mains, and storm drain mains running through the proposed vacated area.  Billings Clinic will enter into an easement agreement that will allow full access to these lines and will require Billings Clinic to relocate the public utilities if they ever propose to construct a structure over the utilities.

The Council may:

• Approve acknowledgement of petition to vacate the above-mentioned right-of-way and set a public hearing for June 13, 2011.
• Do not acknowledge the petition and terminate the street vacation process.

The Right of Way is being vacated to Billings Clinic in exchange for property in order to construct a new public library.

Staff recommends that Council acknowledge the receipt of petition to vacate portions of 9th Avenue North and North 28th Street and set a public hearing for June 13, 2011.