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<br />, <br />.' <br />. <br /> <br />City of Centerville <br />February 27, 2002 <br />Council Minutes <br /> <br />Mayor Swedberg asked Mr. Palzer how the language concerning refuse on Page 29 <br />would be enforced. Mr. Palzer indicated the Health Department and City Council would <br />determine if an unsanitary condition existed. <br /> <br />Mayor Swedberg said the language seemed "fluffy". He then asked how Staff intended <br />to enforce it. City Attorney Hoeft indicated he had not heard of a jury trial over a refuse <br />container and said that having the language in the Ordinance establishes a basis to be able <br />to enforce it. <br /> <br />Council Member Travis confirmed that the sign language was removed because the <br />language was moved into Ordinance #39, a separate sign ordinance. <br /> <br />Council Member Broussard Vickers indicated there is a separate sign ordinance. <br /> <br />Mayor Swedberg questioned whether the towing company is an allowed usage in a <br />commercial zoning district. <br /> <br />Ms. Moore-Sykes indicated whether or not the towing company is an allowed usage is a <br />matter of interpretation. <br /> <br />Mayor Swedberg asked whether the towing company could be considered a salvage <br />operation if it has a lot of cars sitting on the lot for an extended time. <br /> <br />Mayor Swedberg indicated his question is whether the towing company is appropriately <br />sited. <br /> <br />Mr. Palzer indicated he would interpret a salvage operation as an operation that involves <br />parting out the vehicles and crushing them. He then stated he does not feel the towing <br />company is a salvage operation. <br /> <br />Council Member Broussard Vickers indicated the Ordinance would need to exclude <br />towing operations to enforce this. <br /> <br />Mr. Palzer indicated the City has two businesses that tow vehicles and have separate <br />impound facilities in a fenced in area. <br /> <br />Mayor Swedberg indicated he would have no problem with the towing company being in <br />an industrial area but where it is located in the commercial zone it backs up to a <br />residential area. <br /> <br />Mr. Palzer indicated the City eliminated the special use permits when Ordinance #4 was <br />created and lost the ability to control this type of issue. <br /> <br />Council Member Broussard Vickers indicated that, based on classes attended that said the <br />City should not legislate by special use permit but make the wording in the Ordinance <br />clear, the decision was made to eliminate the use of special use permits. <br /> <br />Page 19 of24 <br />