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--- 7. Signage. The recommendation is that all illegal signage shall be removed, and any new signs shall require an architectural pennit. Sign code violations were found on site. In response to Council questions, Director Jany advised that a tree removal pennit had been granted due to cracked sidewalks and paving, but the conditions of the pennit to replace the trees with equal plant material had been ignored. The owners/operators refused to submit a landscaping plan and abide by the conditions of that pennit. Director Jany displayed an overhead with the previous configuration of the Gas Mart (before remediation) showing only one long service pump island on the Woodside Road side of the station. Now there are three: two along Woodside Road and one at the Horgan side of the station. In response to City Attorney Schricker's questions, Director Jany advised that the overhead diagrams of the Gas Mart layout and cutout cars were to scale. City Attorney Schricker said it was essential that the Council be fully informed as to the facts in this matter. There had been allegations that the current operations of the Gas Mart constitutes a nuisance. After review of the facts the Council must determine whether a nuisance exists "and if so, what measures reasonably should be taken to alleviate those conditions. From a legal standpoint, no matter whether there is or there is not a pennit, no City can issue a pennit which allows a nuisance. The focus of the (Council's) attention should be.... whether the facts as you detennine and know them constitute a nuisance.... The proceedings of..... a Revocation Use Pennit.... brings before you the tenus and conditions of the Use Pennit so that is gennane evidence for you to review - what pennits have been issued, and if the owners have complied with them. If they have complied with them or if those permits actually specify conditions which would not create a nuisance, or even if they did create a nuisance and been allowed in the past, then the question arises whether you should modify those conditions so that there isn't a nuisance..... Again, the crucial fact is to detennine if you have a nuisance on your hands." In response to Council questions regarding landscaping and signage and other visuals as constituting nuisances, City Attorney Schricker said "if you find that they do not confonn to the City requirements, whether they are a nuisance or not, you have the authority to require that they do comply with the City's regulations." City Attorney Schricker added that if the Council found that the landscaping did not comply with the City's regulations the Council "ought to require that it confonn to those requirements, or if you have good reason to make such a finding.... that they enhance the landscaping over what was in existence before. Again, the landscaping issue is defined by our Code." 2. Open public hearing; REGULAR COUNCIL MEETING MlNU~ BOOK NO. 55 NOVEMBER 4, 1996 MINUTES PAGE 6 Page No. 008