HomeMy WebLinkAboutMinutes 09/09/1998Planning Commission Minutes - September 9, 1998
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2 CITY OF PETALUMA, CA
3 PLANNING COMMISSION MINUTES
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5 REGULAR MEETING September 9, 1998
6 CITY COUNCIL CHAMBERS 7:00 PM
7 CITY HALL - PETALUMA, CA
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9 Commissioners: Present: Bennett, Broad, Feibusch, Healy, Torliatt, Thompson*
10 Absent: Vieler
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12 Staff Vincent C. Smith, Principal Planner
13 Jane K. Thomson, Senior Planning Technician
14 Ofc. Ken Savano, Police Department
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16 *Chairperson
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19 PLEDGE OF ALLEGIANCE.
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21 MINUTES OF: August 11 (re- review), and August 25, 1998 were approved with
22 corrections.
23 PUBLIC COMMENT: Patricia Tuttle -Brown - Made comments at the meeting two
24 weeks ago, there appears to be an intent to deceive the Planning Commission; Mr. Reif is
25 already operating a 24 -hour tow service, staff report should not have recommended
26 approval; staff is incorrect in stating that there are no significant issues, don't have to
27 revoke CUP because he is violating the conditions, but the report should have stated the
28 violations and not recommended approval; this is not an appropriate use for this site (area
29 is changing).
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31 DIRECTOR'S REPORT: None.
32 COMMISSIONERS' REPORT: None.
33 CORRESPONDENCE: 107 letters in opposition to Downtown Auto Body project;
34 Memo from Planning Director Tuft regarding General Plan process.
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36 APPEAL STATEMENT: Was read.
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38 LEGAL RECOURSE STATEMENT: Was noted on the agenda.
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41 CONTINUED BUSINESS:
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43 I. DOWNTOWN AUTO BODY; 715 Petaluma Blvd. South; AP No. 008 -194-
44 028; (File No. CUP #98014) Ukt).
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Planning Commission Minutes - September 9, 1998
1 Request for a Conditional Use Permit Amendment to authorize 7 -day per week, 24
2 hour per day towing and storage of vehicles resulting from Petaluma Police and
3 CHP rotation laws.
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5 Continued from August 25, 1998 (public hearing was closed),
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7 Senior Planning Technician Thomson presented the staff report.
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9 The Public Hearing was reopened.
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11 SPEAKERS:
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13 Commissioner Healy - Reviewed the tape of last meeting; can back -up beepers on the
14 tow trucks be disconnected?
15 Jane Thomson - Cannot speak for the regulations for a towing company.
16 Donald Johnson - 515 2nd Street - 34 -year resident; Monday through Saturday there is a
17 lot of heavy equipment, traffic and noise and illegal parking; area has several businesses
18 running into the evening; enough traffic and noise, there is enough noise from the
19 Buckhorn, don't need more; potential for break -in and crime in the area; cars will leak and
20 make area ugly with impounded cars visible; by law, you cannot disconnect a back -up
21 beeper; use will be very disruptive; speed on Blvd. is high and loud; big truck delivery is
22 heavy now; invited Planning Commission to a tour of neighborhood.
23 Susan Johnson,- 515 2nd Street - is opposed to 24 -hour towing, UPS and Federal
24 Express already operate 7AM to 7PM, Sunday is the only quiet day, noisy and heavy
25 traffic /trucks now; unconstitutional to rob neighborhood of peace and quiet.
26 John Mills - 1315 "D" Street - Has had experience with applicant under auto accident
27 related circumstances that have all have been good, he runs a good business and is an asset
28 to the community - good small business person; we want to encourage good business
29 people like him that are community minded; number of vehicles received are infrequent,
30 maybe 1 to 2 vehicles per week, Dave's Autobody will handle a greater volume if
31 Downtown doesn't get the approval; suggested keeping records of when cars were towed
32 and if there is a problem; Planning Commission would review Conditional Use Permit, and
33 do a month or 1 year review.
34 Don Johnson - 515 2nd Street - If the Planning Commission knew what the neighborhood
35 has fought, all the noise and nonsense, you would think twice about support; a lot goes on
36 after hours - it is too much; can't restrict 1 or 2 per week - demand will dictate, shouldn't
37 be money versus man, come stay at house Monday through Thursday, you may have to
38 sleep on the floor, but come stay.
39 Joe Durney - 620 2nd Street - Would like to clear up two misconceptions from 2 weeks
40 ago, the suggestion from the last meeting was for the business to off-load on VanBebber
41 property, this would be too close to Diamond Head. Also Victor [Gonella] would tow
42 after hours occasionally, but Dion uses the back gate almost daily, he has been on rotation
43 with the Police Department for some time, bought tow trucks that advertise 24 hours,
44 thinks this approval is a done deal, doesn't think a trial period will work, thinks that if
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Planning Commission Minutes - September 9, 1998
1 approved there will be no chance to change; we are not pacified by conditions; if you
2 approve, we are stuck with it.
3 Dion Reif - 994 Quarry - Victor [Gonella] was the previous owner and partner; always
4 considers safety first, the garbage company will not use Petaluma Boulevard South, as
5 they do not want to back up onto the Boulevard, the business has been on Police rotation
6 since 7/1/98, not many wrecked vehicles towed, were towing at night but not working on
7 vehicles, has never had a complaint, we do tow wrecked vehicles about 1 -2 per month; not
8 about dollars versus people; we have always thought we were within our Conditional Use
9 Permit conditions; don't know a better way than to rubber coat the chains; no use of 1 st
10 Street, 2nd Street or side streets and use of VanBebber site; if approved in past and no
11 complaints, then use should be viable now; tries to appease the neighbors; has worked
12 hard to build the business and work with neighborhood; has approval from VanBebber
13 (held up letter) for use of site.
14 Commissioner Broad - Prior to being put on Police rotation, how many tows were you
15 making at night?
16 Dion Reif - One to three per week.
17 Commissioner Broad - How many tows after rotation?
18 Dion Reif - 1 -2 per week.
19 Commissioner Broad - Prior to your use, the previous 24 hour use towed after hours?
20 Chairman Thompson - Of the 1 -2 per week, how many are at night?
21 Dion Reif - Never exceed 3 within a 7 day period at night.
22 Commissioner Broad - Please explain the process of towing and dropping off vehicles.
23 Dion Reif - Drop -off at driveway and typically drive vehicle to first available stall; tow
24 truck not there for more than 10 minutes maximum, and no paperwork is done at the site.
25 Ned Orrit - 620 2nd Street - When first heard of this proposal, didn't think it was a big
26 deal, but since has changed opinion; facts are unclear as to who is in charge (Police or
27 Planning); quality of life will decline in neighborhood; getting worse, not better and
28 Planning Commission should be interested in improvement; noise will increase, is used to
29 the daytime noise, but not the nighttime; if use becomes onerous, it will be difficult to
30 change; a case can be made that the community wins with DUI drivers off the road, but a
31 negative impact to neighborhood results from the towing of these vehicles; neighborhood
32 required to bear brunt of impacts; challenge applicant to improve the neighborhood;
33 maybe entire concept should be examined and cars stored off site during night and brought
34 in; the responsibility for addressing the neighborhood concerns lies with Dion, challenge
35 applicant to improve situation in the neighborhood.
36 Commissioner Broad - You refer to the negative impacts of the business expansion, but
37 hasn't heard anyone give specific examples. Can you provide the Commission with
38 specific examples of disturbances caused by the existing use?
39 Ned Orrit - 6PM today, cars were being shuffled around on the property.
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41 The public hearing was closed
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43 Chairman Thompson - (to staff) Has the City received any complaints about this
44 business?
45 Vincent Smith - No.
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Commissioner Feibusch - With this approval, there will be 5 towing companies on
rotation, how many calls per week are expected?
Ofe. Savano - Four vendors in 1996 and 1997; approximately 1,000 per year; with an
average of 200 calls per vendor, which represents 4 per week per vendor or half a vehicle
per day; morning commute, lunchtime and evening commute times are the peak traffic
accident times; has seen a reduction in 30 -day impounds; it is possible to facilitate
property release if personal belongings are contained in the car; although it is nice to have
more vendors, towing is not a money making venture for the City.
Commissioner Feibusch - Is it the Police Department's intention to seek more vendors?
Ofc. Savano - If a vendor applies to be on rotation and they meet all the criteria, terms,
and conditions, they will be added to the list if eligible.
Commissioner Healy - How many vehicles are towed at night? what is the rotation
policy, can the list be used to have tow companies that get night calls on one type of list
and tow companies that are not permitted to have night calls on a separate list.
Ofc. Savano - There are typically 1 to 4 late night, the police like to fairly facilitate the
reception of vehicles in terms of the rotation list, also from a logistics point of view, it is
easier for dispatch to go through the order of the rotation and be able to call the vendors
at any time. It would be more complicated to have to remember not to call certain
companies at night and to evenly spread -out the tow opportunities.
Commissioner Broad - Appreciates comments and concerns of neighbors, but give
credence to previous three years of operation as 24 hour towing, with no complaints
received, and on Police rotation for last 2 months; gives weight to Zoning and General
Plan designation, the area is considered mixed use by virtue of the uses, but the zoning is
Light Industrial and the General Plan designation is Thoroughfare Commercial, so our
responsibility as Planning Commissioners, as long as there are no significant impacts to
surrounding neighbors, is to follow to ordinances. Would like to strengthen conditions -
approve for one year; with the provision that prior to the end of the year the applicant
must apply to Planning Commission for an extension which would be reviewed based on
performance - Planning Commission may grant an extension if no legitimate issues are
identified; would need more factual information to not support this project. Would
recommend that an additional condition be imposed that requires a quick drop -off of the
towed vehicle and exit with no idling of vehicles; paperwork done during after- hours.
Commissioner Feibusch - If after one year there are no problems, would support either a
yearly extension or a multiple year extension.
Commissioner Broad - Up to Planning Commission, but would suggest after the first
year, if a five year CUP extension supported or eliminate the condition for re- evaluation
of the CUP altogether.
Commissioner Feibusch - In support; haven't heard anything that prevents Mr. Reif from
being a good neighbor; seems to average one call per week, not a significant impact, he is
not asking to repair vehicles 24 -hour; neighbor has opportunity to monitor; must not
arbitrarily say no lights or back -up beepers for safety reasons.
Commissioner Bennett - Lots of concerns, but misinformation on level of impact; we are
trying to establish a minimal impact business; two conditions to be imposed; no access
from 2nd Street; no backing up into the property; give opportunity to succeed; message to
neighbors - be fair and work out issues with staff and Mr. Reif, willing to give it a try.
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Planning Commission Minutes - September 9, 1998
1 Commissioner Torliatt It is not easy to sit as a Planning Commissioner when the
2 friends you have known forever want two different things; not easy for Planning
3 Commission to make decisions against one side over the other side; she works at Foundry
4 Wharf, has heard that vehicles go in and out of the yard all day; there is a lot of traffic
5 from 2nd Street that is attributable to Downtown Autobody; concern with need for
6 additional area for tows because the yard might not be large enough; what are procedures
; 7 for containing leaking contaminants ?; back -up beeper is loud; coordinate garbage pick -up
8 on Petaluma Boulevard; City doesn't seem to have standards for tow yards; if number so
9 low during night, arrange for an alternate site; voting "no" because making arrangements
10 for 2 -3 spaces somewhere else would be better alternative.
11 Commissioner Healy - His bedroom window is 100 ft. from Petaluma Boulevard North,
12 so the comments regarding the noise literally struck home, he hears traffic such as grain
13 and milk trucks; these are not as bad as discontinuous noise, disagrees that 1 to 2 vehicles
14 per week is not a significant impact, Mr. Orrit's comments about different types of noises
15 are true, this is a cumulative impact on the neighborhood; this is a land use decision that
16 runs with the land not with individual; Mr. Reif could sell the business tomorrow and a
17 problem could arise with the new owner; agrees with Commissioner Torliatt regarding
18 alternative night location; suggests flexibility in Police protocol to have day tow and night
19 tow businesses; voting "no" because a creative solution is available.
20 Chairman Thompson - Late night disturbance issue has not occurred; no one has
21 complained over the past several years; give applicant an opportunity to go forward with
22 proposal and if it doesn't work, then look at alternative.
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24 A motion was made by Commissioner Feibusch and seconded by Commissioner Bennett
25 to recommend approval of an amendment to the Conditional Use Permit held by
26 Downtown Autobody based on the findings and subject to the conditions listed in the staff
27 report.
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29 Commissioner Bennett: Yes
30 Commissioner Broad: Yes
31 Commissioner Feibusch: Yes
32 Commissioner Healy: No
33 Commissioner Torliatt: No
34 Commissioner Uieler: Absent
35 Chairman Thompson: Yes
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37 Findings:
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39 1. The proposed 24 -hour towing service, as conditioned, will conform to the
40 requirements and intent of the Petaluma Zoning Ordinance, as this service is
41 subservient to the principal use on this industrially zoned property.
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43 2. The proposed 24 -hour towing service, as conditioned, will conform to the
44 requirements and intent of the Petaluma General Plan, as the site is designated
45 Thoroughfare Commercial, which promotes businesses that provide City wide
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Planning Commission Minutes - September 9, 1998
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services, have good auto access and service drives, and does not require location
in a high volume pedestrian area.
3. The proposed 24 -hour towing service, as conditioned, will not constitute a
nuisance or be detrimental to the public welfare of the community, as conditions
have been imposed to regulate the method of delivery and placement of the
impounded vehicles on the site.
4. This proposal is exempt from the requirements of the California Environmental
Quality Act (CEQA) Section 15301 as the facilities are existing.
Conditions
From the Planning Department
1. All conditions of approval of the May 24, 1996 CUP shall be a part of this
approval (see attached Exhibit A).
2. This Use Permit shall be valid for a one (1) year period only; prior to the one
year expiration, the applicant shall apply for an extension. If no application for
an extension is received prior to 919199, then the ability to operate a 24 hour
towing service shall cease and the towing hours shall revert to the business hours
of Monday through Friday, 8AM to 5PM, and Saturday, 8AM to 12 Noon.
3. The hours of operation for the towing service only are permitted to be expanded to
24 hours per day, 7 days per week. Hours of operation of the autobody and paint
and repair shod shall remain Monday through Friday 8AM to 5PM, Saturday,
8AM to 12 Noon.
4. At the end of each work day, space shall be made available for the overnight
storage of a minimum of 10 vehicles near the Petaluma Boulevard South entry
gate. Any vehicle being delivered to this facility between the hours of 5PM and
8AM shall be placed in this location overnight, and moved to the designated
storage area at 8AM the following business day.
5. The entry gate facing Petaluma Boulevard North shall remain a manually operated
gate, with all chains rubber coated to reduce noise.
6 All after hours tows (Monday through Friday 5PM to 8AM, Saturday 12 Noon to
Monday 8AAV, shall be executed in a timely manner such that there is no
lingering on site, the vehicle is dropped off, and the tow truck driver leaves the
property. No paperwork shall be performed at this site during the hours the
business is closed
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Planning Commission Minutes - September 9, 1998
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From the Police Department
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A fenced or enclosed area shall be provided at all times.
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The owner /operator shall maintain sufficient storage spaces.
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The owner /operator shall have a sign that clearly identifies the facility to the public
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as a towing service. The sign shall have letters that are clearly visible to the public
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from the street. The sign shall be visible at night.
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10.
The owner /operator shall maintain "normal business hours" that shall not be less
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than 8AM to 5PM Monday through Friday, except for the following State
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recognized holidays: New Year's Day, Martin Luther King Day, Lincoln Day,
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President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day,
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Veteran's Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day.
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Business hours shall be posted in plain view to the public.
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Employees at the storage facility shall be properly trained to conduct business
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transactions related to towing, storage and release of vehicles /property.
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The release of vehicles shall be conducted in accordance with the Petaluma Police
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Department procedures.
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The owner /operator shall maintain records, at his/her place of business, of tow
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services furnished and vehicles currently stored at the storage facility.
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The Petaluma Police Department may inspect all owner /operator records without
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notice during normal business hours at the storage facility.
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The owner /operator shall comply with all statutory laws, local ordinances, and the
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provisions, rules, and restrictions of the current Tow Service Agreement found
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under Petaluma Police Department General Order 86 -5.
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Standard CUP Conditions
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This Use Permit may be recalled to the Planning Commission for review at any
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time due to complaints regarding lack of compliance with conditions of approval,
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traffic congestion, noise generation, or other adverse operating characteristics. At
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such time, the Planning Commission may revoke the Use Permit or add/modify
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conditions of approval.
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The applicants/developers shall defend, indemnify, and hold harmless the City or
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any of its boards, commission, agents, officers, and employees from any claim,
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action or proceeding against the City, its boards, commission, agents, officers, or
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employees to attack, set aside, void, or annul, the approval of the project when
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Planning Commission Minutes - September 9, 1998
1 such claim or action is brought within the time period provided for in applicable
2 State and/or local statutes. The City shall promptly notify the
3 applicants/developers of any such claim, action, or proceeding. The City shall
4 coordinate in the defense. Nothing contained in this condition shall prohibit the
5 City from participating in a defense of any claim, action, or proceeding if the City
6 bears its own attorney's fees and costs, and the City defends the action in good
7 faith.
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II. A & M TOWING; 1221 Petaluma Blvd. North (Sycamore Lane), APN 006-
450 -001; (File No. CUP98017) akt).
Request for a Conditional Use Permit to authorize a 24 -hour, 7 -day per week
towing service with open storage of towed vehicles.
This item was withdrawn by the applicant.
III. GOAL SETTING
Discussion and possible direction to staff on Commission goals.
Continued from August 11, 1998.
Chairman Thompson - Suggested postponing the goal setting discussions until after 1/99
when the City Council conducts: their goal setting session.
Commissioner Torliatt - Wants to support and assist in Planning process.
Commissioner Bennett - Passed out an article on community connectivity which he
would like included into the General Plan update requires a paradigm shift in Planning
philosophy; relevant to General Plan update.
Commissioner Torliatt - City Manager has been participating with Junior College
discussions to connect to City Hall; City of Santa Rosa has done a great job with TCI to
connect.
Commissioner Healy - Agrees with sentiment that staff plate is full; pleased to see ideas
with flood mitigation issues and looking forward to seeing report from Tom Hargis.
Commissioner Torliatt - Interested in Planning Commission assisting in the location of
homeless facility; suggested going on a field trip to look at potential sites.
Chairman Thompson - Postpone goal setting until after first of year.
Commissioner Torliatt - Have project managers for special projects come and give
presentations /status reports; increase public participation and involvement.
Commissioner Feibusch - Agrees with all that has been said; be more efficient; if
Planning Commission can be aware of projects ahead of time, i.e. undergrounding.
Commissioner Broad - When does City Council do goal setting?
Commissioner Torliatt - - Retreat will occur after first of year.
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Commissioner Broad - Arrive as Planning Commission with 1 -2 goals that City Council
should consider.
Commissioner Bennett - Planning Commission has forwarded a priority list to the city
Council in past; 3 -5 areas that City Council should consider; we are not a policy body, we
are quasi-judicial and implementation board.
The Commission generally agreed that a 12/98 meeting should be held to agree on 5 +/-
goals to be forwarded to the City Council.
IV. LIAISON REPORTS
Commissioner Torliatt - Summarized the Special PCDC meeting on 8/31; noted that
next meeting will be on 9/28.
ADJOURNMENT: 9:10 PM
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