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Session 1649, Minutes August 21, 1995 Page 6 all conditions, however, the owner has nc~ asked__ Gouncil to delete any condi- tion that closes, even partially, the driveway on De/mar. Mr. Ollendorff reo,,m~ ___-~d___ at minimum that left turns not be allowed from the parking lot Mr. James Paster, atto~ representing owner Fred W. Ahlemeier, said that Walgreen's, the major tenant in the shopping center where the catering ser- vice will be located, has a clause in its lease with Ahlemeier that precludes tering service will be active mostly in the evening, when traffic on Delmar is lighter. He asked that the Delmar access not be restricted. Mr. Wagner asked if Mr. Ahlemeier would accept a condition restricting left turns only frum the parking lot. Mr. Paster said the Walgreen's lease does ~ponding to Mayor Majerus, Mr. Paster said Mr. Ahlemeier had not spoken to Walgreen's, but b~ was certain they would not agree to a change in the lease. Mayor Majerus suggested that they talk with Walgreen's and then cc~e back to tb~ next meeting with an answer. Mr. Paster agreed, but asked if Council w~uld give tentative approval to removing the condition if Walgreen's refuses to reconsider. Mayor Majerus said Council could not do that until it knows what Walgreen' s answer is. Mr. Fred Ahlemeier, 8515 Delmar, said he had discussed this matter with Wal- green's and their lawyers refused to consider altering the lease in any way. He felt they w~uld close the store if a c/mange was made in tb~ parking lot. He blamed ~uch of the traffic problem on tb~ Schnuck's access road. Mrs. Schuman suggested it would be in Walgreen's best interest if it allowed Mr. Ablemeier to make ~ charges in the lot; in addition, their location at the north end of the complex should not be affected by closing or restricting aocess at the south end. Mr. David Schwartz, 5 Sheraton Drive, the prospective tenant, said according to Walgreen's lease, tb~ entire parking lot at the shopping center will be redone. Mrs. Schuman _~ if tb~ plan includes improving the safety of the Delmar entrance. Mr. Schwartz said the plan was approved before he came into the picture, and it shows no ~hanges in the exits or entrances. Mr. Schocmer was reluctant to put the City in the position of keeping a busi- ness frc~ opening and putting a hardship on the lot owner. He moved to amend the original site plan by str'Lking the condition that required closing the Delmar curb cut. Mr. Wagner seconded the motion. Mrs. Schuman said she could not support the motion because of th~ heavy traf- fic volume at this site. She said when Schnuck's opened, Mr. Ahlemeier was one of tb~se who did not want any restrictions on turns at that intersection, so he cannot blame the City for the excess traffic there. She said Council now has an opportunity to improve a dangerous intersection. All voted Aye ew~ Oouncilmembers Schuman and ThOmpson, who voted Nay.