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13 Richard Verhagen, 1293 Roselawn Avenue, appeared in opposition to the ordinance. Mr. Verhangen testified that he has a right to do with his property what he wants. He said the City should not be involved. Mr. Verhagen said that the Planning Commission involvement in regulating garage sales goes beyond their proper role and violates his civil and human rights. Mr. Verhagen recommended no action on the new ordinance and that the existing ordinance be repealed. Mr. Verhagen indicated that blight is subjective and the city shouldn't tell him what is junk. Mr. Verhagen stated that if the city is going to pass an ordinance that it should invite garage salers to come and review city requirements. Mr. Verhagen indicated that four sales per year, four days each might be a reasonable standard. Other standards to be included would be the elimination of the requirement that items be stored inside; that there should be an ability to grant exceptions and there should be stronger regulations on signs to require that they be taken down within two days after the sale. Member Harms questioned what the complaint record on garage sales has been and pointed out that garage sales can bring neighborhoods together. Member Rengel questioned what the basis for the law was. Chairman Wietecki stated that the basis of the law goes back to the definition of a nuisance which has been tested by the courts and the ability of the City to regulate nuisances through the city's police power. Member Wall stated that careful development of the ordinance is necessary because there could be problems if it is not specific enough as well as if it is too specific. Member Wall also questioned what the purpose of the three day period was. Member Thomas stated that one of the potential problems is the change from selling unneeded items to hobby items and reselling items because this gets into a more commercial endeavor. Mr. Verhagen stated that the original regulation goes back to 1972 relating to a woman selling items out of her garage and creating traffic problems in the neighborhood. Mr. Verhagen also cautioned the Commission that reselling of items is a complicated legal issue because you have to be able to prove intent. Motion: Member Sandstrom moved to recommend approval of an ordinance to include one day setup time, that violations are petty misdemeanors, that signs be removed within two days; and that there be a permit for exceptions. The motion died for lack of second. Chairman Wietecki stated that just because something is a charitable organization does not mean it should get special standing; that's why the consistent application of the ordinance is required.