CC MINUTES 05231989 - Laserfiche WebLink

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• the Planning Commission contained in their May 16 , 1989 minutes . Council Member Makowske asked whether this was a last-minute addition to the agenda, and Acting City Manager VanderHeyden replied that a public hearing was not required on the issue . Jim Gammill , Mid-America Dairymen, Inc . , requested that the Council adopt the recommendation of the Planning Commission, and offered to answer questions . Council Member Marks asked Mr . Gammill whether Mid-America Dairymen had signed a long-term lease, and whether they were searching for a subtenant to use up the remaining term of the lease . Mr. Gammill replied that they are actively engaged in soliciting a suitable tenant to fill their position in the shopping _ center Council Member Makowske asked whether "suitable" meant that they were looking for someone who could take the entire area or just the front portion. Mr . Gammill replied that two out of the three prospects who had expressed an interest in the location would like to use the entire square footage, resulting in Mid-America Dairymen completely vacating the premises . Mayor Pro Tem Ranallo questioned whether six months would be an adequate amount of time in which to resolve the situation, and Mr . Gammill indicated that he understood the Planning Commission to have • recommended a six- to twelve-month deferral of enforcement of zoning requirements . Commissioner Hansen indicated that Mid-America Dairymen has a lease which expires in November of 1991 , and that Mid-America would ideally like to have seen a deferral in enforcement until that time . Charles Diessner , Attorney for Mid-America Dairymen, Inc . , indicated that Mid-America is currently not in compliance with zoning requirements because they are not operating the retail portion of the space together with the warehouse . He clarified the fact that Mid-America ' s original request of the Planning Commission was a delay of enforcement of non-conformance with the zoning requirements for the term of the lease. Their options would be to either lease the entire space to one user, or to lease only the retail space to one user, thereby allowing Mid-America to continue to operate the warehouse. Mr . Diessner also indicated that , because of some concerns expressed by the Planning Commission and because of the lack of some background information at the time of the meeting, the Planning Commission recommended delay of enforcement of zoning requirements for six months, which is acceptable to Mid-America. Mid-America ' s intent is to attempt to lease the entire space, because if they can lease the entire space they will not need to appear -before the Planning Commission and the City Council again with further requests . They feel six months will give them adequate time to determine what they can do in the marketplace . Mayor Pro Tem Ranallo referred to a situation several years ago involving a print shop which was asked to move out by the Council because they were not engaged in retail activity and were in