Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Hazard Mitigation topic
No spam. Unsubscribe anytime.
Staff urges legal review before council reclassifies roads, easements for flood mitigation
Summary
City staff presented a request from resident Adam Kennedy asking the council to consider classifying roads and drainage easements in Westfir as public to enable mitigation funding; staff recommended asking the city attorney first and preparing a narrowly tailored resolution if feasible.
The Chair opened the meeting by placing hazard mitigation priorities on the agenda and describing ongoing work on flooding at 1st and 2nd Street, including flow modifications to McLean Creek by Wayne County. The Chair said the work aims to allow pooled water to exit through existing easements and reduce local flooding.
A staff member summarized a written request from resident Adam Kennedy asking the council to “revisit the private slash public status of the roads and easements within Westfir” so the city can complete mitigation action item F in the hazard-mitigation plan. The staff member recommended consulting the city attorney before any council action, noting that converting status could increase the city’s legal responsibility for roads and estimating attorney review “between 5 and $800.” The staff member said: "You would counsel need a resolution. You couldn't just have a vote," and recommended a narrowly written resolution limited to health-and-safety mitigation rather than a blanket acceptance of road maintenance responsibilities.
Council members agreed the next step is to seek legal advice and, if the attorney approves a narrow approach, to draft a resolution that does not set an unintended precedent. The Chair emphasized the public-health rationale for a limited exception: “It is kind of a specific case regarding health and safety of the public.” Staff said Adam Kennedy will pursue grant funding for project work while the city obtains an attorney opinion and drafts language as needed. The council did not take formal action at the work session; staff expects an attorney recommendation and a possible resolution at a future meeting.
