05-29-1990 Council Minutes - Laserfiche WebLink

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ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 • TRANSIENT MERCHANT CONTINUED at the April 11, 1988 Council meeting. Mr. Indritz said, "The Penkes were not notified of this change until they received a 'Letter from the City dated Play 7, 1990. Mr. Penke received the letter on May 9, 1990, was visited at his selling location by Police Officers on May 12, 1990 and was shut down on May 13, 1990. Police Officers informed customers in the process of purchasing flowers that Mr. Penke was no longer in business. Mr. Penke did shut down,his business and the tickets were issued two days later while he was in the process of cleaning -up the site. It was at that point Mr. Penke sought my assistance. I have tried to reach a resolve to this matter with staff and have gotten mixed messages. I was first told that this was a safety issue even though there have been no accidents or reports of problems regarding safety other than the letters recently received from Mr. Penke's competitors. I was then told that zoning was the issue and that a license application would not be approved until the property was rezoned. Staff informed me that rezoning would not likely be approved because a commercial use had to be established for the property and Mr. Penke's business did not qualify. Despite the professionalism of the City Staff, I believe that they have over - stepped their bounds and stubbed their toes on working out an arrangement for Mr. Penke in this particular matter. There has suddenly been very drastic action taken, without giving mr. • Penke the opportunity to make application or investigate the option of relocating. We would like to work with the City and have now been given permission for other locations within the City that are properly zoned." Mayor Grabek stated that in light of the Penke's being legally represented, it was necessary for the City to also proceed cautiously and seek the advice of the City Attorney. He stated that he did not wish to put Mr. Penke out of business, but there were now some ma3or issues that needed to be addressed. City Attorney Barrett referred the Council to Ordinance 5.30, Subdivision 1. He stated that Section 4 pertains to Mr. Penke's business. He said, "Mr. Penke's application is to be reviewed by the Chief of Police. If the Chief of Police finds a past history of the applicant, indicating violations similar to those declared unlawful in this section, or if he finds that granting the application is likely to result to hazard or danger, then he shall recommend denial of the license or registration. In this case, the Chief has recommended denial because he believes that there have been violations of this Ordinance in the past. If the applicant disagrees, he is allowed to come before the Council for a hearing. That is what is now taking place. However, if there is no application, there is nothing to review." • Mayor Grabek suggested tabling this until an application is 21 -