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-6- Carl Dale indicated that his mind was not changed by the presentations of the other professionals. The PUD Ordinance is very similar as the other ordinances in many other villages. He felt most of the testimony related to procedures and could not find what specific harm this plan presented to the general community. Each plan as presented has been an improvement over the previous one and the city will not lose control because specific controls were set up with an open-ended PUD. He feels it is a good blan and worthy of consideration. Gus Hard asks Planner Dale why he felt the plan was a good plan from the beginning and with three improvements, it was still a good plan. Planner Dale answered that he had not changed his position and felt there was no need for the neighbors to hire professionals. • Engineer Lemberg again indicated that if the project were to be adopted that the access other than Larpenteur go to Cleveland as the plans at that time showed as an alternate method. All the work that was done indicated that the r~roject will require very technical design and with the review of the sanitary sewer, that information is valuable to the city for this designed project or any other project. It was his understanding all the way through the project that the nursery people were maintaining the right to remove the nursery stock from the area. Labalestra asked Engineer Lemberg if he considered future development along Larpenteur on both sides of Tatum to the capacity of the R-3 zoning. Lemberg answered that it had been considered for the present zoning. CARL DALE GUS HARD CARL DALE ENGINEER LEMBERG Orlyn Miller rebutted a couple of questions: More information could ORLYN MILLER have been included in the ordinance which would not have required an eight page document; arbitrary--there are no guidelines in the ordinance, and the existing zoning--he does not condemn it and it could be used as R-1. John Sirney again stated that the right to the sun will be denied to people who have enjoyed it for 30 to 1~0 years--those living on Tatum Street and to some of the townhouses within the development. Larry Stowe asked if negotiations had been finalized with the University regarding the leasing or purchase of the land necessary for an access onto Cleveland Avenue. He also asked if the access onto Prior Avenue thru Falcon Woods will remain an emergency access in years to come. Nilsen stated that the resolution as adopted was meant to protect the people in Falcon Woods and Tatum Street and asked whether some form of guarantee could be written. Discussion indicated that no such guarantee could be made and Attorney Swanson advised that you could not preclude future action by the City Council. The City Council has the power to condemn property and within that power is the power to condemn restrictions. JQHN SIRNEY LARRY STOWE •