Staff recommends City Council hold a public hearing and approve the vacation of a portion of Marillac Street.

The Sisters of Charity of Leavenworth Health System, Inc. (SCL Health - Montana) has developed a portion of St. Vincent Healthcare Subdivision by installing street and utility infrastructure.  SCL Health - Montana is proposing to re-plat the remaining portion of St. Vincent Healthcare Subdivision to be called St. Vincent Healthcare Subdivision, 2nd Filing.  The proposed plat generally consists of commercial lots.  The new subdivision plat includes relocated lots, added lots, and realigning the undeveloped street.  In order to move forward with the new subdivision plat, it is necessary to vacate the existing right-of-way.  The plat of St. Vincent Healthcare Subdivision, 2nd Filing, will dedicate new right-of-way in place of the vacated right-of-way.  There are no improvements constructed on the portion of right-of-way to be vacated.  The petition includes a map showing the right-of-way to be vacated.

In order to complete this process, three procedural items need to occur in order.  The three procedural items include vacation of the right-of-way, approval of a plat vacating the existing subdivision, and approval of a new subdivision plat dedicating new right-of-way and new lots.  The vacation of the right-of-way and the existing subdivision are executed at the same council meeting followed at a later date by the approval of a new subdivision plat.  The preliminary plat, Amended Plat of St. Vincent Healthcare Subdivision, for the vacated portion of St. Vincent Healthcare Subdivision will be presented to City Council for approval on August 22, 2022, the same meeting as the public hearing for the right-of-way vacation.  The preliminary plat for St. Vincent Healthcare Subdivision, 2nd Filing will be presented to Council at a later date, which will dedicate the new right-of-way and new lots.

City Council may:

• Approve the right-of-way vacation; or,
• Not approve the right-of-way vacation.  If not approved, the developer will have to construct the original streets as platted within St. Vincent Healthcare Subdivision.  

There are no improvements constructed within the portion of the right-of-way to be vacated.  Since the existing right-of-way is undeveloped, and there will be new right-of-way dedicated, City Council has the option to return the right-of-way to the developer at no cost in accordance with Administrative Order 56, Section 1.  In summary, there is no significant fiscal impact to vacate the right-of-way.