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Session 1806 March 19, 2001 Responding to Mr. Munkel, Mr. Liberto clarified that he is not here in an official capacity representing the Loop Special Business District. He is here in his capacity as manager of this property. David Trauterman, 1617 Dawnbreak, St. Charles, the applicant, stated that the Smoothie King organization thoroughly agrees with the first six conditions, but has absolutely no control over the last two. They are asking the advice and guidance of the City Council as to finding some type of alternative to this situation to provide parking. They do not feel that they should be held hostage to this issue. Their business is not a destination business - customers would be walking to their store. They have made arrangements for off street parking for their employees. Hopefully, Council will consider this in possibly removing the parking space condition. They want to do as much as they can to help Council, as a corporate citizen, find a solution to his problem. Nelson Howe, 714 Locust St., 63101, attorney for the property owner, Mr. Ghasedi. He is here to state Mr. Ghasedi's objection to the last two conditions being added, which have absolutely nothing to do with the operation of the Smoothie King site. Responding to Mr. Munkel, Mr. Howe stated that the dumpster has been located on Washington University property since Mr. Ghasedi purchased the property over 20 years ago. This should not be a condition to operate Smoothie King to have the dumpster moved. The offstreet parking regulations in the Loop area are not applicable to this site. Mr. Ghasedi allocates parking spaces in his lot to his tenants. The bottom line is that these last two conditions have absolutely nothing to do with the conditional use permit and operation of Smoothie King. The Mayor stated that there is are situations happening in the Loop, as noted earlier, where it was mentioned that parking was major problem. There is a parking crisis in the Loop and anytime there is a new business or expansion in the Loop, we have to try and figure out ways of maintaining and expanding parking availability. It is critical for the Loop. Mr. Lieberman has been aware of this particular proposed occupancy for a long time and at the time that these business people first envisioned the use of this lot, they had contacted the City and had asked about things like parking. They were told by staff that parking expansion would not be needed, because it was an existing building and that it had existing businesses there. Consequently, no expansion would be needed in parking requirements. He checked himself with City staff and was told exactly the same thing. The business people started to expend a considerable amount of money for architects, sketches and other things to proceed with the Council's final approval. The Plan Commission placed the last two conditions on the original conditions, that they originally agreed too, 1-6. Conditions 7 and 8 they have no control over. The Council 10