PL PACKET 06161989 - Laserfiche WebLink

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•1 them that the original permission was tied to Mid-America being both 2 a retail and wholesale business. The Attorney told the Commissioners 3 the wholesale operation is geared for retail sales to Mid-America 4 membership only, similar to a Shopco operation and not really a 5 warehouse type of operation for which there would be many trucks running 6 back and forth. He said he could understand the Commission's concerns 7 about other types of warehouse operations which are very different from 8 what's now going on in the St. Anthony location. 9 Mr. Diessnire indicated Mid-America shared in the City's problems with 10 the owners waiting so long to fix up their shopping center, under which 11 his company "got trapped in a situation where the center is now doing 12 what they promised to do three years ago, but three years too late to 13 prevent the retail from having to be closed. " He said if the City did 14 what the Commission's motion suggested, it would be imposing severe 15 financial penalties on Mid-America. The Attorney then requested that 16 instead of proceeding with the motion in the form it had been made, 17 that staff contact Mr. Childs, who had structured this arrangement and 18 told the Mid-America representatives he wanted to follow through on that 19 original intent. Mr. Diessnire argued further that he could see no 20 more adverse effect on the public from having another user in the retail 21 portion of the store than had occurred when Mid-America had operated 22 . both front and back businesses without them even being aware of the 23 combination. 24 When Commissioner Wagner asked the Attorney whether he thought the City would have ever approved of an exclusive warehouse use in a retail 6 center, Mr. Diessnire replied "I would expect not. " The Commissioner 27 then told him he didn't think the City would be doing anything to Mid- 28 America except to enforce the ordinance and he perceived it would be 29 necessary to consult the City's Attorney before the Commission could 30 take action which would allow a warehouse operation in a commercial zone 31 and it should be up to him to decide whether the Mid-America operation 32 could be viewed as a quasi-retail operation as their attorney had 33 claimed. 34 The Chair then summarized the motion and asked for a vote. 35 Aye: Wagner, Brownell , Hansen. 36 Nay: Franzese, Madden, Werenicz. 37 Motion not carried. 38 Mr. Diessnire then requested he be allowed to propose a motion which 39 would recommend to the Council that enforcement of the ordinance would 40 be delayed until November 30, 1991 , under the condition that Mid-America 41 would exercise reasonable efforts ' to locate a tenant for the entire 42 facility would sublease the retail portion of the space which is not 43 being used now. Mid-America would also agree to stay in the portion 44 they are now using and to pay rent for that space through the end of 45 their lease. 7