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ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 <br />LIVINGSTON AVENUE DRAINAGE CONTINUED <br />obtain a petition of 35% of the area property owners. <br />It was moved by Councilmember Mettles, seconded by Mayor <br />Grabek, to direct staff to continue to explore options to fesoJ-v® <br />the drainage problem. In the neantime, the City maintains its <br />^ ?SrVe°s"id°eLr?grtre^'i° rsk^ngTort^he^^pr^rec^f <br />Motion, Ayes-5, Nays-0. Motion passed. <br />“*'™BLihaX^°°!n“rmef Council that he has not received <br />confirmation of the date for the Policy Meeting. <br />Bernhardson provided information regarding the history of <br />Mr. Penke's business and apprised Council of the <br />that have occurred (See Mark Bernhardson' s memo dated May 2b, <br />1990). Bernhardson stated that he has received letters <br />and Mrs. Kramer, Bayside Floral, and Mr. and Mrs. Labatt, Spring <br />Park Spur, expressing concern about the safety hazard Mr. ^ <br />business is creating in its present location. He said that Mr. <br />Penke’s attorney, Mr. Indritz, had indicated that Mr. Keaveny had <br />given Mr. Penke permission to sell from his property. <br />Bernhardson also noted that a letter had been received from Mr. <br />and Mrs. Butterfield protesting against transient merchants in <br />general. <br />Mayor Grabek asked Mr. Penke why he had not applied for a <br />license in the last two years. <br />Mr. Penke stated that at the April 11, 1988 Council Meeting, <br />there was discussion as to whether he was classified as a <br />solicitor. He said that Council had asked Mr. Larson, the <br />property owner, to submit an application to rezone the property <br />to Co.Timercial, but that did not occur. Mr. Peake said -hat he <br />was notified of the need for a license by the Police Officer that <br />ticketed and shut him down on Mother's Day. <br />Mr. Indritz stated that in his opinion, communication has <br />been a problem. He said that Mr. Penke has sold flowers from one <br />location for 5 years and there have been no complaints about the <br />business during that period of time. Mr. Indritz said that the <br />safety issue seems tc be a new concern and was not brought <br />previously to Mr. Penke's attention. He noted that it 1® “f* <br />Penke's competitors that have written to the City regarding the <br />safety issue. He said that there have been no reported <br />incidences of safety hazards during the last 5 years. Mr. <br />Indritz stated that the Ordinance Amendment regarding transient <br />merchants did not take place until after the Penke's appearance <br />- 20 -C