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9 <br /> <br /> Stephen Holmes, 4440 Foothill Road, Vice President of A & M <br />Homes, made an inspection of the spring at 6:00 p.m. this evening. <br />He found that the water diversion had been 100% to the Mannie Joel <br />tank. At this time A & M Homes would consider any action by the <br />Council on any water use rights premature, since the Joels do not <br />have title to the property. The lot line adjustment has not been <br />granted to the Joels even though Council had approved that action. <br />Until the lot line adjustment is granted to Dr. Joel by A & M Homes <br />he believed that it would be premature for Council to ta~e any <br />action at this time. A & M Homes has been encouraging the Joels <br />and Sorensons to come to some kind of agreement and until such <br />time, a lot line adjustment will not be recorded. At the present <br />time, Mr. Joel had installed improvements on property that is not <br />his. He has no right to put anything on the property and <br />therefore, he will be receiving communication from A & M Homes' <br />attorney. The attorney will ask Mr. Joel to cease and desist from <br />water diversion. <br /> <br /> Mayor Mercer referred to the staff report, Option 3, and asked <br />if Mr. Holmes was in agreement with it. <br /> <br /> Dr. Joel indicated he believed that this was an underhanded <br />effort to try to change the reality of this matter. There were <br />many acts of vandalism at this site and stated that Mar. Glenn had <br />been seen several times at the spring. Mr. Joel's intention had <br />always been to keep the spring open to both sides, however he is <br />unable to guard it 24-hours a day. He was out of town when the <br />spring was supposedly turned off and was not aware of who turned it <br />off. He was not asking for unlimited water; he simply asked for a <br />more flexible increase in gallons allowed. He felt that there was <br />a lot of inconsistencies being brought up and he was sorry that A <br />& M Homes is planning to go back on an agreement that was made <br />between private parties. He believed that a reasonable agreement <br />could still be worked out. <br /> <br /> There being no further testimony, Mr. Mercer declared the <br />public hearing closed. <br /> <br /> Mr. Tarver believed there did not appear to be a reason why <br />Council would consider this item if A & M Homes was not willing to <br />go through with the transfer. He felt that Option 3 of the staff <br />report would be the most reasonable answer to this matter and he <br />would prefer that. <br /> <br /> Ms. Scribner agreed that the City should not be involved in <br />this matter. <br /> <br /> Mr. Butler also agreed that the City should not be a party to <br />this. The issue of how the water gets used is entirely separate <br />from what Council should be considering. Council's need is to <br />determine consistency with the PUD. He supported the position that <br />the Planning Commission and staff recommended, which lays out <br /> <br />9/1/92 9 <br /> <br /> <br />