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ORONO REGULAR COUNCIL MEETING HELD rIAY 29, 1990 <br />TRANSIENT MERCHANT CONTINUED <br />received and Chief Kilbo can review it. <br />Mr. Indritz stated that they were presenting the application <br />to Council at this time. He said, "On Friday there was a verbal <br />agreement with a commercial property owner that would allow I•Ir. <br />Penke to use a portion of his property. I notified the Chief of <br />Police Friday to get his approval of that location. Chief Kilbo <br />indicated that the location would solve the safety problems. I <br />also left a message for the Building and Zoning Administrator. <br />By the time the Penke's arrived at that business location, 3 <br />hours later, they found that the property owner had already <br />received several calls from other business persons asking him to <br />reconsider. Mr. Penke's competitor was in the property owner's <br />office at the time they arrived and pressured the property owner <br />to withdraw his agreement. It was the City that notified the <br />competitors of the potential agreement and solution Mr. Penke had <br />to this problem. The Penke's were able to secure written <br />agreements from two business owners for a location to sell roses. <br />lie would like the City to take action today." <br />Mayor Grabek indicated that he would be unable to vote on <br />the matter at this timie. <br />• <br />Ms. Candace Rowlette, a resident of Orono and owner of a <br />Travel Agency in Long Lake, believed that it made sense for Mr. <br />Penke's competitors to object to his mobile business. She stated • <br />that she would object to a person selling airline tickets from a <br />mobile location. <br />Mayor Grabek indicated that the City cannot discriminate <br />against the manner in which a business owner chooses to 'do <br />business. <br />Councilmember Callahan suggested that if all other issues <br />have been resolved, that the Penkes submit their application and <br />allow the Chief of Police to review it. <br />Mr. Indritz asked that the matter be expedited to allow --he <br />Penkes to resume business as soon as possible. <br />Mayor Grabek accepted the information presented this <br />evening, and directed staff to review the application in relation <br />to the Ordinance and to act accordingly as expeditiously as <br />possible. <br />Mr. Indritz asked whether it would be necessary to appear <br />again before Council. <br />Mayor Grabek stated that staff would make that decision. <br />Mabusth advised that if the Chief denied the application, it <br />- 22 - 40 <br />