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HomeMy WebLinkAboutMinutes 012495 Approved as Submitted Meeting Date: 02/28/95 ATASCADERO CITY COUNCIL JANUARY 24, 1995 MINUTES The Mayor called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Carden, Highland, Johnson, Luna and Mayor Bewley Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Henry Engen, Community Development Director; Art Montandon, City Attorney; Brady Cherry, Director of Community Services; Brad Whitty, Finance Director and Bud McHale, Police Chief COUNCIL COMMENTS: Councilman Johnson indicated that he was sorry to see the Carlton Hotel project put on hold and suggested that it may be time to look at redevelopment for the downtown. Councilman Luna announced that Supervisor David Blakely would be hosting a meeting for those impacted by recent flooding on Thursday, January 26th at 7:00 p.m. in the City Council Chambers. COMMUNITY FORUM: Jack Heninger, 8100 Balboa Road, asked the Council to designate $160,000 Community Development Block Grant (CDBG) monies approved for the Carlton Hotel project be transferred to other worthwhile community projects like the Youth Center, CC 01/24/95 Page 1 Charles Paddock Zoo and Loaves & Fishes. Richard Beck, 2300 Ramona Road, read a prepared statement requesting that the Council re-consider his application for a General Plan amendment (see Exhibit A). Eric Greening, 7365 Valle, announced that there would be a meeting relative to Salinas River issues on February 2, 1995 at 7:00 p.m. at the Paso Robles School District Office and encouraged attendance. Sheree Ricketts, 4475 Sycamore, read a prepared statement requesting that CDBG funds approved for the Carlton Hotel project be re-allocated to the Youth Center (see Exhibit B). Weyman Smith, 8310 Azucena, voiced concerned regarding drainage in the Azucena/Amapoa area. John Berfumo, 8720 Atascadero Avenue, expressed appreciation to City staff for quick action regarding recent flooding in his area and asked that the City Council remedy a long-time drainage problem. Herman Gonzales, 7400 Atascadero Avenue, also requested a solution to drainage problems in his neighborhood. Bill Wilson, 2780 Alturas Road, encouraged the Council and public to act positively in support of the Youth Center and stressed the need to ensure that the facility is safe for youngsters. Ray Jansen, 6655 Country Club Drive, urged ethical guidance from lay people and faith leaders and provided a public service announcement in support of the publication Planetary Connection. Bob Johnson, 9469 Jornada Lane, reported that the Highway 41 Realignment Project has been delayed for two years and is on the verge of being dropped. He stated that it was incumbent upon the Council to urge the Council of Governments (COG) to put pressure on the State Department of Transportation to make sure that the project gets done. A. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - December 13, 1994 2. CITY COUNCIL MINUTES - December 29, 1994 CC 01/24/95 Page 2 3. CITY TREASURER'S REPORT - December 1994 4. RESOLUTION NO. 04-05 - Authorizing the filing of a claim for Local Transportation Funds and State Transit Assistance Funds in compliance with the Transportation Development Act MOTION: By Councilman Highland, seconded by Councilman Luna to approve the Consent Calendar Items #A-1 through 4; motion approved 5:0 by roll call vote. B. ORDINANCE NO. 283 -Amending Title 7 of the City Municipal Code (Sanitation Ordinance) relative to sewer connection time limits (Recommend (1) motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only) Henry Engen provided the staff report and recommendations. Brief Council questions followed. There was no public testimony. MOTION: By Councilman Highland, seconded by Councilman Luna to waive the reading in full and ready Ordinance No. 283 by title only; motion approved unanimously. MOTION: By Councilman Highland, seconded by Councilman Luna to introduce Ordinance No. 283 on first ready by title only; motion passed 5:0 by roll call vote. C. REGULAR BUSINESS: 1. SOLID WASTE MANAGEMENT A. Solid Waste Management Issues - Status Report Henry Engen provided a status report and outlined options A, B and C as described in the staff report. He proposed that a two-member Council subcommittee be appointed to review alternatives and report back to the City Council with recommendations. Council questions and comments followed. There were no comments from the public. There was mutual agreement to appoint two members of the City Council to a sub- committee and bring back recommendations. Mayor Bewley asked that individual members of the Council let him know who is interested in serving. CC 01/24/95 Page 3 B. Discussion on Cost Savings Associated with Landfill Change Brad Whitty provided the staff report and recommendation. Councilman Luna asked how many customers are served by Wil-Mar Disposal. Tom Walters, President of Wil- Mar Disposal, reported that there are approximately 6,000 Atascadero customers. Councilman Luna noted that there would then appear to be an estimated savings of $2,500 per month. Public Comments: David K. Smith, CPA representing Wil-Mar Disposal, provided an account of how costs were calculated. I.B. Jenkins, representing the Chicago Grade Landfill, encouraged the City Council to join the Countywide Joint Powers Agreement (JPA) for solid waste management and pointed out that there are opportunities for cities to not participate in any one of the programs. He stated that if the City chooses not to join, it will have to submit a plan separate from the waste management authority. In addition, Mr. Jenkins suggested that the Council defer its decision to extend the franchise agreement with Wil-Mar until after the lawsuit is resolved. Eric Greening, 7365 Valle, encouraged the Council to listen to Mr. Jenkins. He proposed that if the Chicago Grade Landfill is driven out of business, there will be no cost savings adding that predatory costs will result. Tom Walters, President of Wil-Mar Disposal, Inc., read a prepared statement clarifying the position of Wil-Mar (see Exhibit C). ---End of Public Testimony--- Council comments followed. There was mutual concern regarding the possibility of the Paso Robles Landfill becoming a sole source with uncertain rate schedules and agreement that if there has been a cost savings associated with taking the City's trash to Paso Robles, then it should go back to the customers in the form of a refund or rebate. Mayor Bewley suggested that, for the meantime, savings be held in trust until litigation is settled and proposed that an agreement be sought afterwards about how it can be refunded. Councilman Carden argued that it would not be prudent to delay a potential refund and recommended that the Council direct staff to negotiate with Wil-Mar a rebate formula. He added that if Wil-Mar continues to take the trash to Paso Robles, the Council should attempt to secure lower rates for the customers. CC 01/24/95 Page 4 Councilman Highland pointed out that any decision regarding where the trash goes is tied directly to which authority or JPA the City ultimately decides to join. Councilman Luna commented that if the Council is not comfortable with the figures as presented, then it can request an audit. He mentioned that legally the City cannot direct Wil-Mar to take trash to a specific dump site but offered that it would have been helpful if Wil-Mar had sought the Council's input before making the decision. Councilman Carden asked the Finance Director if the City had ever prepared an audit of Wil-Mar. Brad Whitty responded that although a financial review has been completed, no audit has yet been done. Brief discussion ensued regarding distribution of tipping fees. Art Montandon advised that if the City Council wishes to exact a 53.00/ton tipping fee, he would recommend a JPA. Councilman Johnson reiterated that decisions will be difficult to make until the pending lawsuit is resolved. Councilman Luna emphasized that while it may not be wise to act hastily because of the litigation, there is an element of urgency regarding deciding whether or not to join the Countywide JPA. He added that the City would undergo no harm if it is possible to drop out at a later date. By consensus, the City Council directed staff to negotiate a rebate formula with Wil- Mar Disposal, Inc. Mayor Bewley called a break at 9:02 p.m. At 9:22 p.m., the meeting resumed. C. Wil-Mar Disposal - Consideration of 3-year Contract Extension Request (cont'd from 1/10/95) Brad Whitty provided the staff report and staff recommendation. He clarified that the present agreement will expire in 1997 and an extension as requested would add three years to the contract. Public Comments: Michele Velasco, representing Wil-Mar Disposal, Inc., provided a summary of the programs and services offered by the company. She indicated that Wil-Mar desires to continue working with the City to reach the State mandates imposed by AB 939. Greg Grisanti, 5275 Cabrillo, stated that Wil-Mar Disposal is a private entity and is a monopoly by choice of the community. He said that the City should be able to stipulate where the trash is hauled and suggested that it should be taken to Chicago Grade Landfill. In closing, he encouraged the Council to work things out and save the landfill. CC 01/24/95 Page 5 Judy Jacobsen, Operations Manager for NCI Affiliates, reported that Wil-Mar Disposal is an exemplary business and stated that her company is proud to do business with them. Eric Greening, 7365 Valle Avenue, declared that Wil-Mar Disposal went behind the backs of the Council and the citizens and acted like any other private company. He urged the Council to put the matter out to bid and evaluate Wil-Mar along with its competitors. Sid Bowen, 5550 Cascabel Road, contended that landfills are resources that should not be neglected or depleted. He stated that there are deeper questions to answer, like how cities will treat waste in the future, and proposed that the City consider adopting a Waste Element of the General Plan. Mr. Bowen suggested that the City Council to look at privatization and study both landfills to determine if they meet required health and safety standards. Rush Kolemaine, Potero Road resident, urged the City Council to protect user rates, study the options available if Chicago Grade Landfill is closed and look at long-range facilities and expectations. ---End of Public Testimony--- Individual Council comments followed. Councilman Luna remarked that as a customer he is pleased with the service and programs offered by Wil-Mar. He suggested, however, that Wil-Mar has put the rate payor at risk by taking the City's trash to Paso and proposed that it may be time to go out for competitive bidding. He added that any decision to extend the contract is premature in light of the pending lawsuit. There was general agreement. By consensus, the City Council continued the matter of contract extension until pending litigation is settled or other information is available. 2. LOAVES & FISHES - Request for use of City-owned property Brady Cherry summarized the request from Loaves & Fishes to construct on City property a permanent building using Community Development Block Grant (CDBG) funding. He noted that Loaves & Fishes were hoping for conceptual approval before filing their application for CDBG funds. Council comments followed. Councilman Johnson indicated that he was in favor of exploring ways in which the City can assist Loaves & Fishes. Councilman Highland remarked that he agreed but noted that the problem is that the only two pieces of City property available are not CC 01/24/95 Page 6 appropriate or feasible for the use. Councilman Luna asked staff for further clarification regarding the grant application and whether the City would be required to match funds. Brady Cherry reported that the City would still own the land and that no match monies would be required. Loaves & Fishes, he added, are looking to the community for support and donated resources. He noted that the City Council has the ultimate authority to award CDBG monies. Responding to the Mayor's inquiry, Mr. Cherry also mentioned that there may be additional funding opportunities through the County as well. Councilman Carden asked staff if any existing commercial buildings in town have been reviewed through the local real estate community. Brady Cherry explained that a member of the relocation task force is a realtor and has prepared an inventory. The priority of the task force, he stated, is to see first if there is City property available before pursuing other options. Public Comments: Frank Fertschneider, President of Loaves & Fishes, requested the Council to would to favor of this idea, at least in principle. He explained that prices of existing buildings are prohibitive because they include the cost of land. He reported that Loaves & Fishes is looking to the County for assistance as well and noted that if a City site is available, Loaves & Fishes would request consideration of a long-term lease. ---End of Public Testimony--- There was consensus to support the idea, in principle. Staff was directed to come back with a feasibility report on the two City-owned sites suggested and any other site alternatives. 3. RESOLUTION NO. 03-95 - Appointing one member to the City's Planning Commission The City Clerk provided brief background and asked for nominations. MOTION: By Councilman Highland, seconded by Councilman Carden to appoint Sidney Bowen to the open position on the City's Planning Commission. MOTION: By Councilman Luna, seconded by Mayor Bewley to appoint Allan Clark. CC 01/24/95 Page 7 Vote on first motion: Motion to appoint Sidney Bowen passed 4:1 (Luna opposed). Vote on second motion: Motion to appoint Allan Clark failed 1 :4 (Carden, Highland, Johnson, Bewley opposed). MOTION: By Councilman Highland, seconded by Councilman Carden to adopt Resolution No. 03-95 appointing Sidney Bowen to the City's Planning Commission; motion passed 5:0 by roll call vote. 4. ORDINANCE NO. 282 - Amending Parks & Recreation Commissioner terms (Recommend motion to adopt on second reading by title only) There were no questions or comments from the Council or public. MOTION: By Councilman Highland, seconded by Councilman Luna to adopt Ordinance No. 282 on second reading; motion passed 5:0 by roll call vote. 5. MID-YEAR FINANCIAL REVIEW - Set Special Meeting date: February 23, 1995, 7:00 p.m. By mutual consent, the City Council agreed to meet in a special meeting to review the City's budget at mid-year on Thursday, February 23, 1995 at 7:00 p.m. in the City Council Chambers. 6. NORTH COUNTY SUMMIT - Set meeting date: January 31 , 1995 at 7:00 p.m. Staff noted that it was the City of Atascadero's turn to host the next meeting of the North County Summit (Cities of Atascadero, EI Paso de Robles, Templeton Community Services and County Board of Supervisors from District #1 and #5). The City Council agreed to set the date for the next meeting of the North County Summit for Tuesday, January 31, 1995 at 7 p.m. in the City Council Chambers. 7. APPOINTMENTS TO SELECTION SUBCOMMITTEE - Parks & Recreation Commission Youth Representative (Verbal - Mayor Bewley) Mayor Bewley announced that he was appointing himself, Councilman Johnson, Commissioner Joanne Peters and Commission Chairman Beatie to a Council subcommittee to review applications and interview candidates. The City Clerk noted that she would coordinate an interview date and schedule. CC 01/24/95 Page 8 D. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as follows): 1. San Luis Obispo Council of Governments (COG)/San Luis Obispo Regional Transit Authority (SLORTA) - Councilman Carden reported on the meeting of January 11, 1995. 2. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group - Councilman Highland reported that the Water Advisory Board met first the first Wednesday of the month and established their agenda for the coming year. He said that items will include a total review of the County's Water Master Plan. He also reported that he had attended the last meeting of the Upper Salinas River Coordinated Resource Management Planning Committee and noted that he would like to see this group included in the North County Council. 3. Economic Round Table - Councilman Johnson reported that the round table is putting together a review of the structure and membership of this body. In addition, he noted that the round table is looking at a small business incubator but explained that it does not meet current zoning requirements. Discussion, he stated, ensued and the round table collectively supports a good zoning mix in the downtown to stimulate the economy. 4. Highway 41 Realignment Community Advisory Committee - Henry Engen reported that the next meeting will be Thursday, February 23, 1995. 5. Air Pollution Control District (APCD) - Councilman Carden reported that the APCD will meet Wednesday, February 8 in the Board of Supervisors Chambers in San Luis Obispo. He added that there will be two study sessions on February 24 and March 10; said meetings are open to the public he announced. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Mayor Bewley extended congratulations to Sid Bowen. Councilman Johnson asked what re-course General Plan Amendment applicant Richard Beck has regarding his application. He stated that the applicant was not notified that his item would be on the City Council agenda and an opportunity for him to share an informational packet with the Council was not afforded. Henry Engen reviewed the procedure whereby an item can re-considered. The City Attorney noted that the time CC 01/24/95 Page 9 frame had passed and suggested that the applicant re-apply during the April cycle. Councilman Johnson asked staff to work with the applicant on the next attempt. 2. City Manager Andy Takata mentioned that several employees, including Chief McHale, have served the City for 15 years and will be recognized soon. He also commented that Brady Cherry is working on a "Youth in Government Day" and stated that more information will follow. The City Manager indicated that the Atascadero Mutual Water Company will be coming before the City Council soon with a special presentation. The Water Company has an old linen map (dated 1913) they would like to frame and donate to the City for display on the wall over the E.G. Lewis Desk at the Lake Park Pavilion. He also provided a status report regarding flooded areas and the Orange County Investment Pool situation. In closing, the City Manager highlighted those matters on the next City Council agenda. F. ADJOURNMENT: The City Council adjourned the meeting at 10:25 p.m. to Tuesday, January 31, 1995 at 7:00 p.m. for purposes of meeting with the North County Summit. Said meeting is open to the public and will be located in the City Council Chambers. MINUTES RECORD AND PREPARED BY: LEE PRICE, City Clerk Attachments: Exhibit A (Beck) Exhibit B (Ricketts) Exhibit C (Wil-Mar Disposal, Inc.) CC 01/24/95 Page 10 1/24/95 Mr. Mayor & Members of the City Council : My name is Richard Beck and I live at 2300 Ramona Road, Atascadero. I am one of the applicants requesting the zone change for the property located on Ramona Road. g At this time I would like to comment, and hopefully clarify, some points that came up at the council meeting on December 13, 1994. Due to the many trying circumstances that occurred during that timeframe, this is the first opportunity that I have had to appear before the council . #1 : The policy of the Planning Department of non-notification of agenda items: It is my opinion, and thatofthe other property owners on Ramona Road, that we should have been notified by mail sometime in the previous week, by the city's staff, that our request for rezoning would be on the council 's agenda and discussed by staff and council members. When citizens are denied notification, the council hears only from one side. If this is the policy of the Planning Department, we feel it is unacceptable, and must be changed as soon as possible to allow concerned citizens, or their designated representative(s) , time to prepare and present their views on said subject(s). #2 The informational booklets that we prepared for the councils' preview before the meeting of the 13th, were somehow left on a desk in the Planning Department's office. There was a lot of time, effort, and money spent by the Ramona Road property owners in gathering the needed information for this report. We realize there are no guarantees that the council would concur with this request simply because they have read it, but if they had had the opportunity to review our report, we, as petitioners, would have known that the council had at least understood more of the reasons as to why we are requesting a zone change. Possibly, we could have supplied needed verbal input and/or answered questions from the council if we had received notification. We feel that this inaction displayed by the Planning Department is inexcusable. Since Mr. Engen is the department head, it was his responsibility. During the council meeting of December 13th, Mr. Engen stated that the most feasible use of Commercial Tourist Zoning would require an Urban Service Line; possibly the best zoning for us then, would be Commercial Services zoning. In his comparing this property and that of the Factory Outlet stores, located across the 101 freeway from our property, which has 7 1/2 acres as compared with our 22 acres, Mr. Engen omitted some important facts. Such as: The two churches on Ramona Road occupy approximately 11 of the 22 acres referred to, and that the corner property at Del Rio and Ramona -1- Road is on approximately 1 3/4 acres, which is zoned Commercial Tourist, according to city maps. There is also a street dividing these properties, and the properties are owned by seven (7) different individuals. If a developer purchased all of this property for one large project, I am certain the city could require an Environmental Impact Report - at that time, To make the statement that any property that might be zoned commercial must have an E.I.R. study completed is preposterous. As noted in the December 13, 1994 council meeting minutes, Mr. Engen mentioned that Cal Trans had already indicated that a bridge widening will be required if there are any changes to the west side of the freeway on the north end of town. This requirement seemed unrealistic to me so I personally counted the number of vehicles at Curbaril, Sari Anselmo, and the Del Rio Road on and off ramps and their overpasses in December 1994. I determined that Curbaril Avenue overpass has more traffic than Del Rio, and that the San Anselmo overpass has 2 1/2 times more traffic. Then, I wondered if maybe the traffic was backing up on the ramps and impeding traffic on the freeway. I observed the southbound offramp at Del Rio Road on Friday, December 16, 1994 from 4- 5 P.M. The largest number of vehicles waiting at the signal for a green light was only four (4) cars. This was at 4:15 p.m. The northbound offramp at Del Rio Road between 5-6 p.m. never had more than two ( 2 ) cars waiting - as the cars exiting towards the Factory Outlet stores could turn right on the red signal Light. Since neither of the ramps were impacted at all by Christmas shoppers and/or other commuters, I phoned Cal Trans engineer Von Newlander and explained the requested zone change and Mr. Engen's statement regarding bridge widening. I told the engineer from Cal Trans that I wanted to know Cal Trans ' criteria for widening bridges. He said he wanted to clarify some policies of Cal Trans regarding this matter. He said Cal Trans does not demand or require things to be completed for zone changes, but that their's is an advisory capacity. They (Cal Trans) will make suggestions and give advice on what should be done. Case in point, the San Anselmo overpass when the K-Mart shopping center was built in Atascadero. Cal Trans advised the widening of the San Anselmo overpass bridge at that time, but the council decided it was too costly for the city, and the widening project was not completed. Mr. Newlander also mentioned the signal lights on Del Rio Road that were installed in lieu of widening the overpass, and that they seemed to be working very effectively. Gentlemen: When one drives by the properties on Ramona Road from either the north or the southbound lanes of the 101 freeway, it is easy to see how truly visible they area I have viewed all the frontage roads from the 101 freeway both north and southbound in Atascadero and there are none as easily accessible and/or visible as the properties on -2 n Ratmina Road. This could possibly be the best freeway commercial property the city could have. Due to the circumstances that transpired on December 13th, we, the property owners of Ramona Road, are asking the council to reconsider their decision and have staff include it on the agenda for the next council meeting for council action and return our application to the Planning Commission for further study - with one exception - We are asking that the proposed zoning request be changed from the original Commercial Tourist to Commercial Services. This would allow much more latitude for the development of businesses that do not need an Urban Service Line. As Mr. Engen pointed out, Commercial Tourist is primarily for service stations, motels, and restaurants. Sheree Ricketts 4475 Sycamore rd. AWS. Ca. 93422 466-4619 City Council Members In light of the announcement in last weeks Atascaoero News that the Carlton Hotel project has been officially halted, I believe it would be extremely beneficial to the city of Atascadero to have the $160,00.00 portion of the Block Grant, from last year, reallocated to the Atascadero Youth Center(Masonic bldg.). There is A "lids Unlimited"day camp At the Atascadero Youth Center on a fairly regular basis for kids Kindergarten through sixth grade, but.... in a conversation with Brady Cherry(director of community services) last week he i expressed extreme concern that the "seismic dangers " and possible liabilities of Youth Center Bldgcould hold up any regular teen programs or activities for several years to come. All of our kids are important to us,which is why the Masonic Building was donated to the city in the first place Although the Youth Center did receive a small portion of the Bock Grant last year, for which the community is very thankful,it is just a drop in the bucket to what is needed There are private and non-profit fund raising efforts on-going but the $500,000.o0 price tag that has been put on the upgrade and seismic retro fit is a tall order for any one to fill unassisted. I RECYCLING&DISPOSAL SERVICES t� P.O. Box 6008 - Atascadero, CA 93423 (805) 466-3636 FAX (805) 466-3740 January 24, 1995 City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Attention: Andrew J. Takata City Manager Ref. Disposal Sites Dear Mr. Takata: The purpose of this letter is to attempt to clarify the position of Wil-Mar Disposal Company with respect to the issue of dump sites. The Company, as with any business, must maintain its operating costs at the lowest levels in order to provide service to its customers at a reasonable fee and still make a profit to stay in business. We are aware that significant rate increases in recent years has stressed many customers'budgets and we are sensitive to their complaints. The reasons for the increases are numerous and the Council through its rate setting process is very aware of them. Legislation in recent years at all levels to reduce the environmental impact of wastes has resulted in higher costs and has also mandated that the whole concept of waste disposal be redefined. We are bombarded with new requirements almost daily. Responding to all these concerns has been a major factor in the operation of the Company for some time now. The Company, with the assistance of the City, has invested in new equipment which significantly reduces the time necessary to handle waste pickup on the routes. We have also heavily automated our office procedures. Both of these were in part made possible by the Council's decision to institute mandatory pickup. The saving has translated into Atascadero customers being provided with curbside recycling pickup and curbside greenwaste pickup at little additional cost. As part of this on-going process of refining our operations, the Company reviewed its payment of dump fees. This is one of our truly major costs, accounting for 18.60/9 of the Company's total operating expenses for the year ended 1131/94. This, coupled with vehicle maintenance problems associated with dust levels, access road problems and various liability concerns,convinced Wil-Mar to consider other alternatives. The outcome was that the Company changed its waste disposal site to the Paso Robles Landfill. The economic wisdom of that move is evident in the report submitted to W. Whitty. However, as is often the case,there are other issues involved. Many members of the community have questioned whether the social issues are more important than mere dollars and cents. One clear example is the possibility of the closure of the local disposal site as a result of the loss of income due to Wil-Mar's ATASCADERO + TEMPLETON - SANTA MARGARITA OPrintea on Recyclsa Paps.. change in sites. We wish to make it very clear that it is not, and has never been, our desire to see the local dump fail. We feel that the Johnsons are hard working people who deserve to earn a profit. Unfortunately, we also feel that the Company is not justified in deliberately incurring costs greater than are necessary. The Council has the responsibility of making the decision as to whether the social benefit of the City's waste service provider using the local waste facility outweighs the cost savings of the alternate site. If the Council feels that this is the case, we will be happy to accommodate them. However, certain minimum changes must be agreed upon by the Johnsons. The first is that an improved system of dust control must be put into place. The second is that a winter dumping apron must be installed to make bad weather dumping safer for the drivers. Third is that a certified weighing scale must be installed to properly determine dumping fees. Finally, they and Chicago Grade Landfill, Inc., must agree to withdraw all pending and contemplated litigation involving Wil-Mar Disposal Company, Inc., and all related parties. Vital energy and resources of Wil-Mar Disposal and the community as a whole are being wasted over this matter. We feel that these could be better spent on other issues. We would appreciate the guidance from the Council in this matter. Respectfully, Tom Walters, President