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-5- • you have studied the feasibility of that project itself." Feasib- ility - Financial, how is is going to be worked through and how is it going to be phased (are the dollars there?),and community acceptance, unless the community can accept the program, there is no program. He was concerned about the destruction of existing vegetative cover and felt the plan completely disregarded existing vegetation. Also, he feels that the ~t-1/2 acres plus of ponding areasvd.ll probably have to be fenced which will not make a park like appearance but water holes and parking lots. He feels the contiguous people should be able to use the property for a place to walk, bird watch and look at flowers. He wants the Planning Commission to look at the PUD as to what will be good for the residents of Fdcon Heights. • Jim Steiland, Attorney at Law, Popham, Haik, Schnobrich, Kaufman & Doty, Ltd., spoke to the legal ramifications of the PUD. He feels that the Planning Commission has the leverage to control the development and this control will be given away if the plan is approved. The developer will acquire rights that will put the planning Commission in a jeopardy position and in litigation which the Commission will lose. The second point he made was that the citizens were not given the opportunity to consider the traffic control issue that was passed by Resolution in the early part of this meeting. He felt it was a significant enough item that was changed that it may require a new notice and hearing. The City Attorney should address this issue before a final decision is made. Larry Stowe summed up by requesting the Planning Commission to reject the proposal of American Shelter Corporation for the PUD. Harold Westin indicated that some of the drainage areas will be there only 21~ to ~8 hours after a 100 year intensity rainfall and will return to grassy swales except for the ones that will be lined with impervious bottoms to recirculate the water. These amount to three permanent ponds with 18" fences, which will be covered with shrubbery. He feels that the land is a very valuable piece of land and is treated as such with their plan. The Resolution as adopted will be very workable within their plan with regard to traffic outlets. He would be willing to furnish a traffic signal at Prior as part of the project. Thomas Goodman, Attorney for American Shelter Corporation, pointed out that the present zoning is not practical--and everyone is in agreement with that. He points out that the density has to do with economics and there is a positive public need for housing. The plan is not arbitrary and is clearly defensible, not capricious and if challended, the victory would be on the part of the city. He agrees that the city has a great deal of leverage over the development and this has been exercised, he is in favor of the PUD, he disagrees with the financial strength of the developer, disagrees that the Commission needs more time to study the project and that the Commission should get on with the procedure since this is only a preliminary plan. He feels that the Commission should take affirmative action with restrictions as necessary. JIM STEILAND, ATTORNEY, POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. LARRY STOWE HAROLD ~NESTIN THOMAS GOODMAN, ATTORNEY, AMERICAN SHELTER CORP. •