Staff recommends that the City Council acknowledge the receipt of petition to vacate the alley located in Block 51 of Foster's Addition to the Town of Billings and set a public hearing for August 12, 2024.

Circle K, located at 6th Avenue North and North 27th, is proposing to raze the existing convenience store along with the neighboring car lot and old Hub building and construct a new Circle K store on all three parcels along with a car wash.  Circle K currently holds an option to purchase the car lot to the east and the Hub building.  In order to construct the new store, it is necessary to vacate the existing alley running north/south between North 27th Street and North 26th Street.  The alley has private utilities and a public sanitary sewer and storm drain in it and dead ends at the former Denny's Property.  In other words, it is not a through alley.  Circle K has been working with the private utilities and has already recorded an easement for the utilities to be relocated.  The attached easements are meant to be the private utility companies' approval of the right-of-way vacation.  The sanitary sewer only serves the property that previously had the Denny's restaurant on it.  The Denny's Restaurant has been torn down.  Circle K has been working with the property owner to give them an easement to construct a sanitary sewer service for a future building.  Attached is an email from the property owner acknowledging this partnership.  The intent is to have an easement in place prior to the public hearing.   

This Council action is to acknowledge the receipt of the petition to vacate public right-of-way. 

The Council may:

• Acknowledge receipt of the petition to vacate the above-mentioned right-of-way and set a public hearing for August 12, 2024; or
• Do not acknowledge the petition to vacate the right-of-way.  If the petition is not acknowledged, the right-of way-vacation cannot proceed.

There is no significant fiscal effect to acknowledge receipt of the petition and set a public hearing.