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212 supply. He was told by Mr. Garms that Ms. Sorensen always had water problems and was told by Ms. Sorensen how many water pumps .~_ she had burned out. He denied clear cutting trees on this particular piece of property. Mr. Joel explained the process he went through in placing the power poles. He did not believe that he violated any conditions and he believed he did receive permission from the Planning Director to place all but the first pole. He stated that he did not have a water meter and hydrant on Foothill Road. He has a promise of an easement through the Moller Property but he does not have an easement. Mr. Joel then described the spring area and explained the reason for his putting fencing around it. Ms. Mohr asked what the difference was between his fencing and the other types of fencing found on the ridge. Mr. Joel explained the fence averages five to six feet in height which is not tall enough to keep deer out of the area. Mayor Tarver asked if Mr. Joel was aware of the changes to the agreement that Ms. Sorensen was requesting. Mr. Joel answered yes. He believed that Ms. Sorensen would not sign the agreement because the term was to the year 2000. He noted that beyond the year 2000 he was responsible for paying her water bill for three additional years. He was unwilling to sign an agreement with no term. He understood that Ms. Sorensen would be receiving City water within the next couple of years. Ms. Sorensen also requested that she determine his right where he was able to drill a well on any part of his property not just this section in question. Ms. Mohr asked for clarification from staff regarding the City's authority with respect to the lot line adjustment and the City's authority for arbitrating the water rights issue. Mr. Roush stated that the lot line adjustment was out of the Council's jurisdiction. The Zoning Administrator, with the City Council's approval, had approved conditions that apply to the use of the spring. Therefore, the City Council is making sure that the PUD conditions are being carried out. He suggested that Council not take action this evening other than to continue to monitor this situation. If Council felt that something more should be required, it would need to bring the matter back at a later date. Mayor Tarver asked if the PUD conditions put restrictions on the use of the spring. He understood that the PUD conditions did not have a specific date concerning the use of the spring because that was the only way to make it consistent with the PUD. Mr. Joel would not be able to shut the supply of water off in the year 2000 without a modification to the PUD. 12/1/92 10