MOTION by, Boswell, supported by Krupa, requesting that Mayor Kenneth D. |
|
Snell convey to the City Attorney the Planning Commission’s request for the City’s |
|
attorney legal opinion as to a listing of situations or events that call for the |
|
implementation of Michigan compiled law, Section 125.42. This section requires a |
|
Planning Commission public hearing whenever the City Council wishes to rescind a |
|
prior decision to open, widen or extend any street avenue, etc. Why was the vacating |
|
of Walnut Brook subdivisions’s street, especially, Alsdorf into Rockhaven did not call |
|
for the implementation of that section, including how that event is distinguishable from |
|
the above listing of triggering events. |
|
Mr. Kaiser pointed out that the first part of the resolution is for a complete listing of all |
|
of the events. While Mr. Ternan’s opinion was never formally conveyed to the |
|
Planning Commission, the ideas that were conveyed to Mr. Kaiser and other members |
|
of the Planning Commission were pretty vague as to what the section really meant. |
|
Mr. Kaiser also knows that Mr. Ternan did receive an opinion from another city |
|
attorney on that section indicating that this is directly applicable to the vacation of |
|
those streets. Mr. Kaiser feels that the Planning Commission should have a complete |
|
listing of all of the events that would trigger that section. |
|