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Regular City Council Meeting Monday, January 12, 2009 Page 9 Mr. Munson displayed an aerial photo of the property, and other photos taken from adjacent properties, indicating those concerns and code violations, causing neighbors to continue to express their discouragement with the situation adjoining their residential properties. Pictures evidenced equipment and vehicles stored where nursery stock was supposed to be located and a buffer between properties, that was not in place; other pictures evidenced retaining wall materials being stored on site; dirt piled in front of the property rather than in the rear; and equip- ment parked on the front yard setback, and on railroad right-of--way, all in viola- tion of the SUP. Mr. Munson advised that the Prosecuting Attorney was in agreement with staff in proceeding with a citation; and that the intent was to protect the integrity of area residential housing and the neighborhood and negative affects on adjoining prop- erty values due to overuse of this site. Councilmember Ihlan clarified that the staff report had itemized City Code viola- tions, both current and previous codes, as well as SUP violations; and asked whether a majority of those violations were applicable under current City Code, or any aspects that were only violations of the 1976 SUP. Mr. Munson confirmed that the violations were subject to the original site plan as approved as part of the SUP approval; in violation of City Code for setbacks in ef- fect in 1976, as referenced, as well as in violation of today's standards. Mr. Dwayne Albrecht, Property Owner Mr. Albrecht stated that no one wants to face this. He was young when he pur- chased the property and the City's Planner, Mr. Dahlgren, drew up the plan on what we could and couldn't do, and we went along with it. Mr. Albrecht contin- ued by advising that shortly thereafter, certain aspects of those uses were totally impractical, and with costs of land and taxes on that property, it became impracti- cal to hold nursery stock there. Mr. Albrecht advised that he had brought this is- sue to the City's attention on numerous occasions to no avail. Mr. Albrecht advised that two pieces of the equipment shown in staff's picture were in the process of being picked up by John Deere, and other pieces had sales pending. Mr. Albrecht alleged that he had planted screening vegetation on the buffer between his and neighboring residential properties; however, when the City did work on the easement a number of years ago, they had stripped that screening to accomplish that work, and not replaced it sufficiently. Mr. Albrecht advised that, 18 years ago when the City was struggling with the Center Pointe project, he had put together a coalition of property owners to con- struct asenior citizen high rise building located on the other side of the pond from the tower, even paying a contractor to draw up plans. Mr. Albrecht further ad- vised that when he applied to the City for a Planned Unit Development (PUD) ap-