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location in front of the Sartain's residence and actually require the Sartain's to only use that easement for garage access as it was originally intended, or to find a different approach to the garage itself, which would end up having the Sartain's relinquish control over the easement and be granted a new easement for that slope." Councilman Claire said he knew alternatives were discussed during previous mitigation attempts, but the costs of improvements became a problem. He suggested that the City participate in the cost of a solution to this problem with the Sartains and the Wolfskill/Dowlings. He said, "I think if we had realized that was going to be a commercial operation when we designed that road, we probably would have designed it differently. It is not our fault that it became a commercial operation after we designed it, but I think the City can step in here and participate in a solution to a very difficult problem, and at least one third of that cost should be shared by the City." MIS: CLAIRE/RUSKIN TO TABLE THIS MATTER FOR A MINIMUM OF ONE MONTH AND DURING THAT TIME PERIOD THE SARTAINS AND THE WOLFSKILL/DOWLINGS AND THE CITY ENGINEERING STAFF WORK TOGETHER TO FIND A SOLUTION THAT MIGHT SOLVE THE DROP OFF PROBLEM In response to Mayor Hartnett's questions regarding appropriate and legal procedures, City Attorney Schricker said the Council could continue the matter but retain jurisdiction. In response to City Attorney Schricker's questions, Councilman Claire said, "The City in my view has some responsibility for the way the road was designed. This is not to fault the Engineering Department. They did an excellent job given the topography of that particular section of the road. If this were not being used as a day care center, and not being used as a commercial operation, we would not be here tonight.... the fact is, we now have a circular driveway across an easement that was never intended to be used as a circular driveway. I feel the City has some responsibility since we took on the responsibility of redesigning Canyon Road to help in a solution to that particular difficult spot. I would suggest that we could help monetarily at least one third." Councilman Claire said Engineer Lynch suggested that between $21,000 and $25,000 might solve the problem. Councilman Claire said he was "proposing that the City share equally in the cost of solving the problem that both the Sartains and the Wolfskill/Dowlings agree to, if they agree to it." Councilman Ruskin said, "It seems that the City wants to do several things. Philosophically by the nature of our policy over the last several years, we want to support day care. It is a necessity of contemporary life. We have to have increasing supplies of day care for our children. We also want to protect and support residential neighborhoods... It is within our ability to continue this permit or revoke it, and if we want to continue to have day care in this unusual situation which clearly effects the Wolfskill/Dowlings... then I don't think it is imprudent for us to share some of the cost. In effect, we are implementing a philosophy, a policy to support day care." REGULAR COUNCIL MEETING M~NUTE BOOK NO. 55 JUNE2,1997 MINUTES Paqe No. 364 PAGE 8