(A) A request to vacate, discontinue or abandon all, or any part, of a street in a subdivision in the city may be initiated by any person, or by the City Administrator. Such request shall set forth the description of the relief sought and the reasons therefor. The request shall be filed with the City Clerk.
(B) Following the receipt of such request, the Clerk shall cause such request to be placed on the agenda of the City Council. The City Council may deny the request or may refer the request to the Planning Commission for recommendation by the Planning Commission.
(C) The Planning Commission shall hold a public hearing on any such request which is referred to the Planning Commission. There shall be a notice of public hearing published in a newspaper of general circulation in Gladwin County at least one time prior to the hearing, and the public hearing shall be no less than four weeks following the date the public hearing is ordered. A copy of the notice of public hearing shall be mailed by first class mail to all property owners within 300 feet of the portion of the street subject to the request, according to the most recent tax records of the city and all utility companies registered with the city.
(D) At the public hearing, the Planning Commission shall consider the request and provide opportunity for comment thereon, either orally or in writing. Following the public hearing, the Planning Commission shall make recommendation on the request to the City Council, including any conditions or comments which the Planning Commission considers appropriate. The Planning Commission shall provide its recommendation on or before the end of the Planning Commission's meeting next held.
(E) The City Clerk shall place the recommendation of the Planning Commission upon the agenda of the City Council. The City Council may approve the request, deny the request or grant partial or conditional relief. The City Council shall determine if any action shall reserve appropriate rights-of-way for public or private utilities, or otherwise. Any grant of relief shall require at least five affirmative votes of Council members.
(F) In the discretion of the City Council, the Council may provide for an additional public hearing, which shall be conducted in a fashion consistent with the conduct of a Planning Commission hearing provided above.
(G) The action of the City Council may be recorded in the office of the Register of Deeds, provided however, that the City Council may refer the action to the City Attorney for form and content.
(H) The City Council may establish a schedule of fees or charges pertaining to actions on requests under this section, which may include reimbursement of any actual costs of publication or mailing.
(Ord. 332, passed 10-17-16)