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Ms. Mohr asked if Mr. McClure was only a month or two from starting construction? He said yes. She suggested that the units continue to be counted for this year even though they are only a couple of months into next year. It was not likely that anyone else could take those 46 units for this year. Gary Schwaegerle, 189 W. Angela Street, stated that the Case Avenue project is being built on City-owned land and if there is a possibility that it will not be built, the property should be considerea for other uses such as a pool facility or light rail station. He believed the citizens were concerned about more high density development. He did not believe that the Case Avenue project was a good investment for the City. He was concerned that high density development combined with the proposed high density development of the San Francisco property could lead to a problem in this location in ten years. Jim Ghilmetti, Signature Property, 6612 Owens Drive, indicated the request to roll over the 46 units from Case Avenue bothers him, because Signature has agreed to hold back units to stay within the 750 maximum units. He did not object to A.F.Evans i~aying fees, pulling permits this year and working something out with shaft, but the growth management committee is trying to make realistic projections. He was not in favor of rolling over the 46 units. He was also sympathetic with the School District, but he reminded Council that growth management is established with approved tentative maps. There being no further testimony, the Mayor declared the public hearing closed. Mr. Pico was not comfortable changing the regulations for custom lots because of the experience with Golden Eagle. If there was a way to indicate clearly to prospective buyers of custom lots that there may be a limitation on getting building permits if the infrastructure was not complete. he might agree to modifying the rules for custom lots. Mr. Pico supported the School District request for pre-allocation of growth management for 1998 and 1999 to allow the School District to get a better price for the property. He did not believe that units could be moved forward however, unless there were subsequent changes from other allocations. He could see giving them preference for twenty units when space is available in an earlier year. Ms. Dennis agreed with Mr. Pico's remarks. She stated that if the School District could come forward with a tentative map, it is possible to move more than twenty units forward. She believed 1997 was crowded at this point. Mr. Roush stated that with regard to custom tot property owners, there is a way to put prospective buyers on notice regarding infrastructure by entering into an agreement with the City to guarantee funding of completion of the public improvements. This is a very cumbersome process to administer. Mr. Tarvet was reluctant to change the custom lot regulation because of the problems with Golden Eagle, even though there is less risk due to changes in regulation of financial 10/18/94 - 14 -