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2. Open public hearing: Mayor Hartnett opened the public hearing at 10: 11 p.m. All speakers about to give testimony on this matter (including staff who had already spoken) stood and were sworn in by the City Clerk at this time. 3. Hear public comments: In response to Councilman Claire's questions, Senior Engineer Lynch agreed there were engineering problems at the time the City made improvements to Canyon Road (at the property owners request.) Councilman Claire said he would have more technical questions later. Mayor Hartnett described the process to hear public comments and called upon the appellants to speak first, then the owners of the day care, and then public comments. Mayor Hartnett reminded everyone of the amount of material the Council had received and studied regarding this matter and asked that speakers not repeat what had already been submitted. David Wolfskill, appellant, 751 Canyon Road, distributed his written remarks. Mr. Wolfskill thanked Council and staff for listening to their concems. He said that he and his wife believed that because of the operation of the large day care next door, children were placed at significant risk of serious injury or worse on their property exposing them to an unreasonable burden ofliability. Mr. Wolfskill asked for mitigation of the hazards caused by the day care home. He said all efforts to resolve the problems have been unsuccessful. Mr. Wolfskill asked to show a video that had been sent to Council. Council Members advised they had seen the video and had received the transcript of the video. In response to City Attorney Schricker's questions, Mr. and Mrs. Sartain, owners and operators of the day care home at 743 Canyon Road stipulated they had both seen the video and waived their right to have a reshowing of it at this time. MEMO 5/20/97 Mr. Wolfskill said although 743 Canyon Road has its own driveway as well as a parking area for several cars, there is an easement that allows ingress and egress through his front yard at 751 Canyon Road. He said he believed the use of that easement has changed since its original establishment thirty-nine years ago. Mr. Wolfskill described the traffic through his front yard and the fact that toddlers run free on the same area where vehicles drive. He said it was a dangerous situation, and if an unfortunate incident occurred he and his wife would be sued. Mr. Wolfskill said they REGULAR COUNCIL MEETING MINUTE BOOK NO. 55 MAY 19, 1997 MINUTES Page "°. 148 PAGE 20