Planning commission recommends vacation of portion of McGraw Street to city commission, retains easement for utilities

The Bay City Planning Commission on March 18, 2025 voted to recommend that the City Commission vacate an unimproved portion of McGraw Street (case V2401), west of Harrison Street, after staff confirmed that the two adjoining property owners had negotiated an access agreement and that the city would retain easements for utilities.

Terry Maltane, planning staff, told commissioners that staff had prepared the resolution and that the two private parties had reviewed an access agreement and the reservation language. Maltane said the resolution as drafted reserves “an easement for current and future utilities” over the entirety of the right of way so the city retains access for utility repair and future utility needs even if the property is vacated.

Commissioner Dennis Banachak recused himself from the discussion and left the room because he indicated a business interest in the case. With a quorum present, commissioners opened and closed the public hearing; no members of the public spoke at the hearing. After discussion of the negotiated access agreement, a commissioner moved and the commission voted to forward a recommendation to the City Commission to vacate the unimproved portion of McGraw Street while recording the access agreement and retaining necessary easements. The staff report and meeting minutes will form the report to the City Commission.

Maltane also told commissioners the city code requires four consecutive publications for right-of-way vacations and that he planned to work on an ordinance amendment to reduce publication costs; that would require City Commission action. The planning commission’s recommendation is advisory; final approval rests with the City Commission and, where required by law, with publication and recording of easements and agreements.