| Mr. Kaiser updated the commission on the status of the development’s request for the |
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| City to vacate the streets with the intention of allowing Walnut Brook Estates to close |
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| the development off at Rockhaven and South Boulevard. At the June 25, 1997 |
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| meeting City Council approved the vacation of the streets on a 6-1 vote, and the |
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| Mayor subsequently vetoed that action. Mr. Kaiser has sent a memo to the Mayor |
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| before sharing it with the Planning Commission because he knew the Mayor would |
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| have needed to act by Saturday, June 28, 1997 to veto Council’s action. Mr. Kaiser |
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| wrote the Mayor on his own, without the request or insistence of anyone else, asking |
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| him to consider what Council did and the various repercussions of that action. Mr. |
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| Kaiser made it clear that he was writing on his own behalf and not as the result of any |
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| discussion or decision by any other person on the Planning Commission. Mr. Kaiser |
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| understood that this item was expected to be discussed at tomorrow night’s City |
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| Council meeting on July 2, 1997 with the intention of overriding the Mayor’s veto. |
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| Council is not required to act that quickly to override the veto. In his memo Mr. |
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| Kaiser avoided discussing the relative merits and demerits of Council’s decision, |
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| although he did comment on what he thought the important issues were and what the |
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| criteria should have been for considering the public health, safety and welfare of the |
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| residents of the City of Rochester Hills. Mr. Kaiser’s memo also cited a section in the |
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| Municipal Planning Act that would seem to indicate that Council’s action was an |
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| unlawful one -- if not voidable in that no council, just as no corporate directorship, can |
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| commit an act that they have no power to do. The Municipal Planning Act would |
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| seem to say that Council should have sent this to the Planning Commission first for a |
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| public hearing and a recommendation to City Council. The Mayor has brought this |
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