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Item 1.I.
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| City Council Regular | |
| Date: | 07/25/2022 |
| Title: | Acknowledge Receipt of Petitions to Vacate a portion of 12th Avenue North and North Side Addition 3rd Filing Block 9 Alley and set a Public Hearing |
| Presented by: | Debi Meling |
| Department: | Public Works |
| Presentation: | No |
| Legal Review | Not Applicable |
RECOMMENDATION
Staff recommends that the City Council acknowledge receipt of petitions to vacate a portion of 12th Avenue North and North Side Addition 3rd Filing Block 9 alley and set a public hearing for August 22, 2022.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
The Sisters of Charity of Leavenworth Health System, Inc. (SCL Health - Montana) is proposing to construct a replacement hospital. The new hospital will be located between 11th Avenue North and Poly Drive along North 27th Street. In order to construct the hospital in this location, SCL Health - Montana is requesting that the City vacate 12th Avenue North between North 27th Street and North Broadway and the alley within Block 9, North Side Addition 3rd Filing. SCL Health - Montana has submitted a traffic impact study (TIS) showing how the impacts of the new hospital will be mitigated along with the closure of 12th Avenue North. Staff has reviewed the TIS and determined that there are minimal impacts to the surrounding streets and intersections due to the closure of 12th Avenue North that cannot be mitigated. There are water, sanitary sewer and storm drain utilities located in 12th Avenue North and the Northside Addition 3rd Filing Block 9 alley. All of these utilities will be re-located prior to constructing the new hospital. The petitions include a map showing the right-of-way to be vacated.
Lumen (formerly Centurylink) has not commented on the vacation of 12th Avenue North or the alley. In place of the signature page, the applicant wrote a letter pertaining to Lumen. The applicant is still hoping to get comments from Lumen prior to the public hearing. Per State Code 7-14-4115, the vacation authorized shall not affect the right of any public utility to continue to maintain its plant and equipment in any such streets or alleys. The applicant has stated that they understand that they will have to pay for any utilities re-located.
This Council action is to acknowledge the receipt of the petitions to vacate public right-of-way.
Lumen (formerly Centurylink) has not commented on the vacation of 12th Avenue North or the alley. In place of the signature page, the applicant wrote a letter pertaining to Lumen. The applicant is still hoping to get comments from Lumen prior to the public hearing. Per State Code 7-14-4115, the vacation authorized shall not affect the right of any public utility to continue to maintain its plant and equipment in any such streets or alleys. The applicant has stated that they understand that they will have to pay for any utilities re-located.
This Council action is to acknowledge the receipt of the petitions to vacate public right-of-way.
ALTERNATIVES
The Council may:
- Acknowledge receipt of the petitions to vacate the above-mentioned right-of-way and set a public hearing for August 22, 2022; or
- Do not acknowledge the petitions to vacate the right-of-way. If the petitions are not acknowledged, the right-of way-vacation cannot proceed.
FISCAL EFFECTS
There is no significant fiscal effect to acknowledge receipt of the petition and set a public hearing.