06-11-1990 Council Packet - Laserfiche WebLink

Home Browse Search

that as an alternative to prohibiting such, that they pay th^ir fair share" of taxes etc. related to their usage. (The parallel raised was one where in New York City such merchants have to be on a waiting list for a limited number of licenses and that the would require an ordinance amendment. As noted in Attachments C there are instances where people, because the vendor is along the road side have stopped in the east bound lane. One telephone caller indicated he had kids run across traffic, almost causing an accident, to purchase flowers from the person in this location. This has created a dangerous situation and possibly could result in pedestrians bein^g struck. At the beginning of May it was determine by staff that the Flower Man had not submitted for a license he was sent a letter on May 7th which he received about mid-week indicating have a license and could not sell. On Sunday, May 13th (Mother s Day) he was selling and was approached by a police officer as to possible licensing. He indicated that he did not have a license and after warning Mr. Penke, the Officer left. Apparently Mr. Penke continued to sell despite the fact that he did not have a license and had been told that he could not sell without a license. Mr. Penke has subsequently submitted for a license, however, the City staff has indicated that it can only be in a commercial zone that has been deemed safe by the Chief of Police. As such it would require that he has permission from the property owner on whose property he will be located. In addition the property must be so configured so all purchasers would be required to pull into the parking lot in order to undertake the sales. The property from which he has currently been selling is not conducive to that and may in fact generate safety problems not only because of its location, but because of the physical arrangements to interested patrons in pulling off the street to conduct their business. If the owner of the property desires to undertake a rezoning they could do so on their own volition but would also have to make arrangements to provide for necessary ingress and egress ot all patrons for such sales even if they were granted rezoning. This may not be possible with the property. ^ appropriate to consider rezoning in the context of a Master Plan. These issues apply not only to "The Flower Man" but all other transient merchants within the City. The City is exploring potential transient seafood operation in the together with transient merchant utilizing the property at County Road 6 and Highway 12. Issue #2 On May 25, 1990 Mr. Indritz, an attorney representing Penke indicated Mr. Keaveny had granted permission to Mr. Penke to sell