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Berkeley council tables Act 51 decertification resolution to clarify “vacate” language
Summary
City Council voted unanimously to table resolution R0525, which would decertify roughly 700 feet of roadway from Michigan's Act 51 road mileage list, until staff and the state clarify language that could be read as a property vacation.
BERKELEY, Mich. — The Berkeley City Council on May 5 voted unanimously to table resolution R0525 after discussion over wording in a Michigan Department of Transportation form that staff and the city attorney said could be read to "vacate" property rather than simply remove certain segments from the Act 51 road-mileage list.
DPW Superintendent Adam Wazniak told council the affected segments total about 700 feet across multiple locations and that MDOT had identified areas that are "not technically through ways." Wazniak said the decertification is an accounting change for the Act 51 mileage list and that routine maintenance and services for the areas would continue without interruption. "There should be no stoppage in that," he said.
The issue arose after MDOT flagged stretches that remained on the state's road mileage list though portions are private or are no longer through streets. Council members pressed for clarity about whether the paperwork constituted a legal vacation of public right-of-way. City Attorney Chris responded that the council's intent was not to vacate public rights of way but to correct mileage records for funding purposes; he recommended seeking MDOT's approval before altering MDOT's language. The council adopted an amended motion to table the resolution until the next regular meeting to secure that clarification.
Council members and staff gave several examples where maps show earlier, now-nonexistent roads extending into private property, including the Harvard and Henley area and a short section near Sunnydall and Rubina by the community center. Wazniak said some segments "used to be a road there" and were vacated years ago, but they had not yet been removed from the Act 51 list.
Council questions also touched on timing and funding. Wazniak said once the signed resolution is returned he will forward it to the state representative he has been working with; he characterized the processing as prompt if the paperwork is in order. When asked whether leaving a segment on the Act 51 list could jeopardize state funding, Wazniak said he did not know definitively but "would assume so." The council did not adopt any change that would affect ownership or utility easements; staff confirmed existing water mains and sewers would remain in place.
Action taken: Council member Hennen moved to table the resolution until the next meeting to get clarity on the document's reference to "vacate." The motion passed in a roll-call vote with all council members present voting yes.
The council directed staff to continue coordinating with MDOT and to return the item with clarified wording and any recommended edits that the state will accept.
