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1 them that the original permission was tied to Mid-America being both <br /> 2 a retail and wholesale business. The Attorney told the Commissioners <br /> •3 the wholesale operation is geared for retail sales to Mid-America <br /> 4 membership only, similar to a Shopco operation and not really a <br /> 5 warehouse type of operation for which there would be many trucks running <br /> 6 back and forth. He said he could understand the Commission's concerns <br /> 7 about other types of warehouse operations which are very different from <br /> 8 what's now going on in the St. Anthony location. <br /> 9 Mr. Diessnire indicated Mid-America shared in the City's problems with <br /> 10 the owners waiting so long to fix up their shopping center, under which <br /> 11 his company "got trapped in a situation where the center is now doing <br /> 12 what they promised to do three years ago, but three years too late to <br /> 13 prevent the retail from having to be closed. " He said if the City did <br /> 14 what the Commission's motion suggested, it would be imposing severe <br /> 15 financial penalties on Mid-America. The Attorney then requested that <br /> 16 instead of proceeding with the motion in the form it had been made, <br /> 17 that staff contact Mr. Childs, who had structured this arrangement and <br /> 18 told the Mid-America representatives he wanted to follow through on that <br /> 19 original intent. Mr. Diessnire argued further that he could see no <br /> 20 more adverse effect on the public from having another user in the retail <br /> 21 portion of the store than had occurred when Mid-America had operated <br /> 22 both front and back businesses without them even being aware of the <br /> 23 combination. <br /> 24 When Commissioner Wagner asked the Attorney whether he thought the <br /> 25 City would have ever approved of an exclusive warehouse use in a retail <br /> 6 center, Mr. Diessnire replied "I would expect not. " The Commissioner <br /> 7 then told him he didn't think the City would be doing anything to Mid- <br /> 28 America except to enforce the ordinance and he perceived it would be <br /> 29 necessary to consult the City's Attorney before the Commission could <br /> 30 take action which would allow a warehouse operation in a commercial zone <br /> 31 and it should be up to him to decide whether the Mid-America operation <br /> 32 could be viewed as a quasi-retail operation as their attorney had <br /> 33 claimed. <br /> 34 The Chair then summarized the motion and asked for a vote. <br /> 35 Aye: Wagner, Brownell , Hansen. <br /> 36 Nay: Franzese, Madden, Werenicz. <br /> 37 Motion not carried. <br /> 38 Mr. Diessnire then requested he be allowed to propose a motion which <br /> 39 would recommend to the Council that enforcement of the ordinance would <br /> 40 be delayed until November 30, 1991 , under the condition that Mid-America <br /> 41 would exercise reasonable efforts to locate a tenant for the entire <br /> 42 facility would sublease the retail portion of the space which is not <br /> 43 being used now. Mid-America would also agree to stay in the portion <br /> 44 they are now using and to pay rent for that space through the end of <br /> 45 their lease. <br /> 0 7 <br />