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30 that the ordinance be amended by designating that if any excess funds are collected through the fee system then the fee would either be reduced or the excess would be put in a reserve for environmental protection issues such as hazardous waste cleanup, not used for other parts of the budget. Ms. Waters stated that she would agree to amend her motion to include that any excess funds be used in the waste management area. Ms. Waters' motion was approved by the following vote. Ayes: Ms. Slaughter, Mr. Toscano, Ms. Waters. Noes: Mr. Vandever. Absent: Rev. Edwards. It was the consensus of Council to use the sticker only system. Mr. Toscano noted the proposed ordinance refers to 32 and 15 gallon cans whereas the current ordinance regulating trash collection limits the capacity to 30 gallons. Mr. Gouldman recommended that the ordinance be made consistent to specify 15 and 32 gallons for containers. Responding to a question from Mr. Toscano about the rationale for a percentage break for the subsidy, Ms. Mary Ingels, Assistant Director of Public Works, stated that it was recommended that the program be administered from City Hall where persons who are currently eligible could receive the discount. Ms. Waters suggested that a certain limited number stickers be provided to eligible households rather than reducing the price of the stickers. It was agreed that staff would make a recommendation to Council regarding the number of free stickers to provide to eligible households. Mr. Toscano noted that the same funding formula could apply to dumpster customers. Mr. Hendrix stated that staff recommended that stores selling stickers be given a 2% to 3% reduction in the price as payment for selling them. Ms. Waters recommended that reference be made to the City's need to comply with State mandates for recycling in the purpose section of the ordinance. Mr. Toscano questioned why action could not be taken against either the owner or renter in cases of noncompliance and Mr. Gouldman stated that the could be added. Mr. Toscano recommended that the penalty for violation of the ordinance which is a Class I misdemeanor and the effective date of July 1, 1992 be added to the ordinance. Mr. Hendrix acknowledged Mary Ingels who will be leaving the City for her efforts in developing the solid waste fee system. RESOLUTION: TREE/SIDEWALK WAIVER POLICY Mrs Gouldman explained that the resolution would request the Planning Commission hold a public hearing and take action with regard to adopting a waiver policy for trees (on public property) and sidewalk requirements. Ms. Slaughter questioned why the appeal for a tree waiver was recommended to be made to the City Manager and not the Planning Commission and Mr. Gouldman replied that it was felt the City Manager could provide fast action.