The City Council previously reviewed and approved exchanging land with the Billings Clinic. City street rights of way on N. 28th St. and 9th Ave. North would be vacated and the former Underriner Buick property would be deeded to the City for future Library use. Billings Clinic requests a formal, written agreement between the parties that expresses the exchange with more details and clarity than in past discussions.  This item was tabled at the May 23, 2011 meeting in order to give both parties an opportunity to finalize some details covered by the agreement.  All issues are resolved and the delay allowed the City to complete the public notice requirements in City Code.  The City Council should conduct a public hearing, which may be held in conjunction with the public hearing for the street right of way vacation that appears on the same agenda, then take action on the agreement

The City Council may approve or disapprove the agreement.  Disapproving it will jeopardize the land exchange and the Library's ability to control this property prior to a planned bond election in November.

The Library will have property maintenance responsibilities which are anticipated to be small since it is a vacant building and the structure will need to be demolished whether it is used for parking or for a new Library building. 

Staff recommends that the City Council conduct a public hearing and approve the land exchange agreement with Billings Clinic.