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HomeMy WebLinkAbout01-18-2006 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 18, 2006 New Brighton City Hall 803 Old Highway 8, New Brighton, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:02 p.m. January 18, 2006. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Miller, Zwirn, Hull, Meehlhause, Scotch (arrived at 7:03 p.m.), and Stevenson Absent and Excused: Commissioner Hegland. Also Present: Community Development Director Ericson Oaths of Office Community Development Director Ericson administered the oaths of office to Commissioners Gary Meehlhause, Jean Miller, and Gary Stevenson. ________________________________________________________________________ Index to Minutes Page Election of Officers for 2006 2 Review Potential Acquisition of 2390 County Road 10 2 _______________________________________________________________________ 3. Approve Minutes November 16, 2005. MOTION/SECOND: Meelhause/Zwirn. To approve the Minutes of the November 16, 2005 regular Planning Commission meetings as slightly amended. Ayes – 6 Nays – 0 Motion carried. Mounds View Planning Commission January 18, 2006 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases None. ______________________________________________________________________________ 6. Other Planning Activities A. Election of Officers for 2006 – Chairperson and Vice Chairperson Community Development Director Ericson explained that at the first meeting of each year the Commission elects for the positions of Chairperson and Vice Chairperson. Nominations are normally stated verbally and, if requested, a secret ballot is conducted with the votes tallied by the recording secretary. Chair Stevenson called for nominations for the position of Chairperson. Commissioner Miller nominated Gary Stevenson for the position of Planning Commission Chairperson in 2006. Chair Stevenson called for further nominations. Hearing none, nominations were closed for the position of Planning Commission Chairperson and a voice vote was taken. Ayes – 6 Nays – 0 Motion carried. Chair Stevenson called for nominations for the position of Vice Chairperson. Chair Stevenson nominated Jean Miller for the position of Planning Commission Vice Chairperson in 2006. Chair Stevenson called for further nominations. Hearing none, nominations were closed for the position of Planning Commission Vice Chairperson and a voice vote was taken. Ayes – 6 Nays – 0 Motion carried. ______________________________________________________________________________ B. Review Potential Acquisition of 2390 County Road 10, property known as the “Premium Stop” Mounds View Planning Commission January 18, 2006 Regular Meeting Page 3 ________________________________________________________________________ Community Development Director Ericson informed the Commission that the Premium Stop property is very visible on the County Road 10 corridor and been deteriorating significantly over the past few years. The canopy that had covered the gas pumps sustained wind damage during the Sept 21 windstorm. The City required that the damaged canopy either be fixed or taken down due to significant risk to the health and safety of people using the station. The Premium Stop business was shut down for pumping gas at that time. The contractor who performed the work told station operator that the canopy would be re-erected within a week but it has now been sitting in the parking lot for months. Director Ericson advised that the City accepted bids to dismantle and discard the canopy and to board up the car wash, which also had sustained damage in the storm. He explained that the plate glass window in the car wash blew in and the glass is still laying on the car wash floor. Director Ericson advised that the operator of the business wants to operate a good business and appeared before the Council about the nuisance and court citations. However, the Council indicated that at this point there are issues that need to be addressed. He explained that the Council took into consideration that the property is for sale and being marketed. The owner is an investment group located out of state and they desire to sell this property and the Council decided it is an opportunity to eliminate a blight in the corridor. The Council directed staff to negotiate with the owners to buy the property. Director Ericson explained that the Council does not take this lightly but did agree that it is a blight and that something needed to be done. The Council directed staff to more forward with acquisition so the Planning Commission needs to review the possible acquisition for consistency with the City’s Comprehensive Plan, as dictated by State Statutes. Director Ericson pointed out that the Comprehensive Plan future land use map designation for this parcel, as well as the former Donut Connection parcel, is HC, Highway Convenience and the zoning is B-3, Highway Business. Last year, the Planning Commission recommended the former Donut Connection property be acquired but the Council decided to not more forward with that action. Director Ericson reported that one issue raised at the Council meeting was that the City does not necessarily have a plan for redevelopment. Councilmember Stigney had indicated he felt that maybe it was too soon to consider acquisition but the rest of the Council felt the plan takes a back seat when looking at blighted property such as this. Director Ericson reviewed the types of improvements the City will be making to the County Road 10 corridor, which will be a significant investment. Director Ericson stated there is no reuse plan at this point but the Council feels that clearing the building and blight is a better situation than what exists today. This issue is now before the Planning Commission at the request of the Council. If it is recommended for approval, staff will talk with the selling agents. Chair Stevenson asked if there would be incentive for anyone to clean this property without acquisition. Director Ericson stated there is always that possibility in terms of someone stepping in and buying the property, besides the City. However, the real estate agents have indicated that Mounds View Planning Commission January 18, 2006 Regular Meeting Page 4 ________________________________________________________________________ the only individuals interested want to maintain the property as an independent gas station. There is no guarantee there would be any investment in the property. Director Ericson explained that the condition of the property is likely inhibiting the sale. Chair Stevenson asked if the City would be better off owning the property than waiting for someone to purchase the property as it is. Director Ericson stated that the first priority is to eliminate the blighted buildings from the site, indicating he did not want it to be similar to the Amoco property that sat vacant for 3 to 4 years. He advised that the Council does not want to wait 4 years to see what will happen. Also, if the City controls the property, it can help dictate what goes into that corner, rather than keeping it a gas station, or another drug store or car wash. In addition, there would be the benefit of the resale of the property once it is cleared. Chair Stevenson asked about the total cleanup with removal of gas tanks and possible contamination. He noted the level of contamination (if any) is not known nor whether the purchase price would be reduced because of that potential. Director Ericson stated that is a good point and explained that those issues would be negotiated into the purchase agreement. He assured the Planning Commission that the City would not want to buy this property unless the City knew if there were spills or contamination. The City would likely conduct a Phase I environmental analysis and, if warranted, a Phase II analysis. Director Ericson stated the City is not aware of any spills on the property and have not been notified by the MPCA of issues on the site. But, given the nature of the present operation, there is certainly that risk. Director Ericson advised that staff would make sure any agreement with the property owner would include a contingency for it being a clean site. If not a clean site, the purchase price would either be adjusted accordingly based on the cost to clean the site or the City would not purchase the site. Chair Stevenson asked about removal of the gas tanks. Director Ericson stated that would be negotiated as a condition of purchasing the property, that the tanks be removed under MPCA guidelines, whether with Oasis or the property owner. Commissioner Scotch asked about the property on County Road 10 that used to be a gas station where they sell Christmas trees. Director Ericson stated that is not City owned property and is owned by Integra Homes. Chair Stevenson stated clean up on that property was on going, about a three-year project. He commented that almost every gas station vacation has had problems. Commissioner Meehlhause stated that should be the responsibility of the seller and owner, not the buyer. He explained that with the company he works for, they are always responsible for soil contamination issues when they sell a property. Commissioner Scotch asked if the proposal is for reuse as sushi bar property. Director Ericson explained that the Donut Connection property is being re-purposed as a sushi bar and that renovation is currently underway but he is not sure when it will open. Mounds View Planning Commission January 18, 2006 Regular Meeting Page 5 ________________________________________________________________________ Commissioner Scotch asked if there has been talk of the sushi bar taking on more space. Director Ericson stated that may have been discussed when they originally purchased the Donut Connection property but they may want to wait to see if their business “gets off the ground” before acquiring more land. He advised that the canopy is currently resting in their parking lot. Commissioner Miller asked how long the gas station has been there. Director Ericson stated it has been there since 1968 and the owners are not local. The property is owned by an investment group with one owner living in Wisconsin and the other Idaho or Washington. The investment group leased the property to Oasis markets who in turn subleased to another entity. Director Ericson explained the current operator admitted to the Council that he has no lease and is operating without any vested interest in the property. Commissioner Zwirn asked if there has been any communication with the investment group about maintaining the property. Director Ericson stated they have had communication with them and a court citation has been issued so they will be responsible for abatement of the property. He explained that if they don’t pay for correction, the City would assess the cost to the property taxes. He explained that the operator, the leasee, and Oasis have all said the violations were someone else’s problem. Because of this, it takes up a lot of staff’s time and there seems to be no resolution so the Council is supportive of the acquisition. Commissioner Scotch stated the City has done other property acquisitions and asked about the approximate cost. Director Ericson explained that depends on the acreage and improvements to the property. He reviewed that the property located at Eastwood and County 10 was purchased by the City, the building demolished, and the site “sat green” for a number of years until the Mounds View Animal Hospital purchased the lot. Also, the Gas for Less property on Bronson and County 10 was reutilized as a Snyder Store. Director Ericson explained that staff would look at the County assessed value and negotiate the sale based on removal of the tanks, removal of the buildings, and disposal of the canopy. Commissioner Zwirn asked if the City would incorporate the Donut Connection property into the purchase. Director Ericson clarified that staff would not include the Donut Connection property in the acquisition even though there has been discussion in the past about packaging them for acquisition. Commission Scotch asked when the last Comprehensive Plan was done. Director Ericson stated it was approved in 2002 and the Metropolitan Council will require an update by 2008 consistent with their 2032 Framework Plan. Commissioner Meehlhause stated as a citizen who drives by the location every day, this would be a positive move. Commissioner Miller concurred. Commissioner Scotch stated her agreement, depending on the cost. Mounds View Planning Commission January 18, 2006 Regular Meeting Page 6 ________________________________________________________________________ Director Ericson stated they have not looked at the cost but have talked with the selling agent about their assessment of the property owner’s willingness to come down in price to something more reasonable. He explained that the building has a certain value if it was to be used for a business but the City considers it to be a liability since it will cost something to remove it. Staff will also assure the environmental issues are addressed. Director Ericson pointed out that if the Council thinks the risks to the community are too high or the environmental issues cannot be satisfactorily resolved, the Council will probably not move forward with acquisition. Chair Stevenson asked about the Commission’s ability to include comments about environmental issues. Director Ericson stated staff has heard those concerns of the Commission and will address them in the negotiations. Chair Stevenson stated he would like the Council to be aware that it is of concern for the Planning Commission even if that issue is not included in the resolution. Commissioner Zwirn stated his concern about this being the only option to act on tonight. He is also concerned about the investment group being reluctant to set prices that could be negotiated. He stated that he is looking at an owner of a property that is blighted, an eyesore to the community and putting off his responsibilities. But when it comes time to step forward and negotiate pricing, he is a hardball customer with a high price. Commissioner Zwirn asked if the City has looked at cleaning the property, abating the cost against the taxes, and then taking the property for nonpayment of taxes, which may be a lower cost to the City. Director Ericson stated staff has not started negotiating on the selling price, but the seller’s agent has expressed their listing price but indicated a willingness to negotiate and to consider the issues relating to the environmental concerns. He explained that while they have not been very responsive in dealing with the nuisance issues on the property, he would hesitate to say they are “playing hardball” with the acquisition negotiations. Director Ericson explained that he thinks they want to get out from under it and the City will not reward them for holding out or pay top or premium dollar for this property. He noted that while the option presented is the only option being presented to the Commission, there are certainly other options like abating the nuisance conditions which the City has been authorized to do. Chair Stevenson noted that as a responsible City, Mounds View would need to, for the safety reasons, remove the canopy and charge the cost against the taxes but the City could still end up purchasing the property after that. He stated this option will still get the job done, the costs will be charged against the property owner in the purchase, and it will address the environmental and tank removal concerns as well as the safety concerns. Chair Stevenson recommended supporting the resolution since it is the best option for the City and is consistent with the Comprehensive Plan to move forward with this acquisition. MOTION/SECOND: Miller/Meehlhause. To approve Resolution 823-06, a Resolution Recommending Acquisition of the Premium Stop Parcel Located at 2390 County Road 10. Ayes – 5 Nay – 1 (Zwirn) Motion carried. Mounds View Planning Commission January 18, 2006 Regular Meeting Page 7 ________________________________________________________________________ Commissioner Zwirn stated he voted against the motion because he is not convinced this is the appropriate action and thinks there are other options that should be explored. _____________________________________________________________________________ 7. Next Planning Commission Meeting A. February 1, 2006 – location to be determined B. February 15, 2006 at New Brighton City Hall Community Development Director Ericson asked whether the Planning Commission would prefer to meet at the Spring Lake Park City Hall or the Blaine City Hall for the February 1, 2006 meeting. Consensus was reached to direct staff to schedule the February 1, 2006 meeting at the Spring Lake Park City Hall, if New Brighton is unavailable. Chair Stevenson advised that he will not be present for the February 15, 2006 meeting. ______________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:35 p.m. ______________________________________________________________________________ (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Jim Ericson Community Development Director Transcribed by: Carla Wirth TimeSaver Off Site Secretarial, Inc.