06-25-1990 Council Packet - Laserfiche WebLink

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C«ONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 LIVINGSTON AVENUE DRAINAGE CONTINUED specifically for Council to deny. He suggested that Council reiterate their previous motion asking the Cuffs to continue to obtain a petition of 35% of the area property owners. It was moved by Councilmember Mettles/ seconded by flayor Grabek, to direct staff to continue to explore options to resolve the drainage problem. In the meantime, the City maintains its position of agreeing to order the storm sewer project if 35% of the residents agree to sign a petition asking for the project. tMotion, Ayes-5, Nays-0. Motion passed. HIGHWAY 12 CORRIDOR MEETING Bernhardson informed Council that he has not received confirmation of the date for the Policy Meeting. TRANSIENT MERCHANTS Bernhardson provided information regarding the history of Mr. Penke's business and apprised Council of the recent events that have occurred (See Mark Bernhardson' s memo dated May 25, 1990). Bernhardson stated that he has received letters from fir, and Mrs. Kramer, Bayside Floral, and Mr. and Mrs. Labatt, Spring Park Spur, expressing concern about the safety hazard Mr. Penke's business is creating in its present location. He said that Mr. Penke's attorney, Mr. Indritz, had indicated that Mr. Keaveny had given Mr. Penke permission to sell fror.i his property. Bernhardson also noted that a letter had been received from Mr. and Mrs. Butterfield protesting against transient merchants in general. Mayor Grabek asked Mr. Penke why he had not applied for a license in iihe last two years. Mr. Penke stated that at the April 11, 1988 Council Meeting, there was discussion as to whether he was classitied as . a solicitor. He said that Council had asked Mr. Larson, the property owner, to submit an application to rezone the property to CoiTimercial, but that did not occur. Mr. Penke said that he was notified of the need for a license by the Police Officer that ticketed and shut him down on Mother's Day. Mr. Indritz stated that in his opinion, communication has been a problem. He said that Mr. Penke has sold flowers from one location for 5 years and there have been no complaints about the business during that period of time. Mr. Indritz said that the safety issue seems to be a new concern and was not brought previously to Mr. Penke's at«-ention. He noted that it is Mr. Penke's competitors that have written to the City regarding the safety issue. He said that there have been no reported incidences of safety hazards during the last 5 years. Mr. Indritz stated that the Ordinance Amendment regarding transient merchants did not take place until after the Penke's appearance - 20 -