MANSFIELD — John Spon wants to make sure everyone is on the same page.
That’s why, as Mansfield’s law director, he recommended the city’s planning commission set a final hearing on the status of the West Park Shopping Center on Aug. 8.
Members of the planning commission voted 7-0 to set the hearing during a meeting Tuesday afternoon.
The West Park shopping center, owned West Mansfield Realty LLC, was ordered demolished by the city’s codes and permits department in November. The New York-based company appealed the decision and was granted a six-month extension to complete the work.
The deadline was July 14 — yet the dilapidated strip of shops remains.
Spon said the primary purpose of the hearing is to ensure both the city and the property owner have proper notice of when decisions regarding the company’s appeals will be made.
“It’s a type of evidentiary hearing date to be heard on this matter,” Spon said. “(The planning commission) will decide whether or not (owner West Mansfield Realty LLC) can proceed with the demolition, or they’ll deny or reject the appeal.
“I want to make sure that this process is perfect and does not make any mistakes at all. Because if any mistakes were made, we could be involved in appellate litigation for years.”
Spon said the hearing will also give West Mansfield Realty LLC an opportunity to demonstrate they can carry out the demolition immediately.
City officials said the company never filed its $50,000 appeal bond, which serves as a kind of insurance in case the new deadline isn’t met. West Mansfield Realty’s attorney, Craig Bizar, said the company would be willing to post the appeal bond in cash this week if granted another extension.
Bizar told the commission that, if provided with an extension, the company would be willing to proceed with the demolition, as outlined in its contract with Adams Construction.
Adrian Ackerman, the city’s director of permitting and development, said the contract West Mansfield Realty presented is insufficient for the job.
According to Ackerman, the contract identifies the buildings to be demolished as 1157 through 1243 Park Avenue West, which doesn’t include the former bank branch at the end of the L-shaped property.
She also expressed concern that the contract amount — $250,000 — won’t be enough to complete the work and said she’s received estimates from other contracts nearly double that amount.
The contract also doesn’t include the removal of the parking lot or the dirt, grass seed and straw needed to fill in and grade the site after the structures are torn down.
Both are required by city code as part of demolitions.
Bizar responded that he wasn’t aware of any issues with the contract.
“We’ve been diligently working since the last (meeting),” he said. “The only issue that was raised was that it didn’t include the scope, which was the parking.”
Ackerman said the city did not receive a copy of the contract until July 20.
“There’s been a lot of work and commitment by the owner since even the last (meeting) to try to get an agreement done that satisfies the parties,” Bizar said.
“It’s just that these issues arise during the meeting and then it’s not arising outside of the meeting when we can negotiate and say ‘What is the issue? Let’s fix the issue.’”
Mansfield Mayor Tim Theaker said he’d been hoping to finalize the matter Tuesday.
“I was hoping that today we would be able to come up with a final decision, but it’s been advised by legal that in order to do this legally and properly, we have to abide by the way Director Spon has outlined,” he said.
At-large councilwoman Stephanie Zader, who is not on the planning commission, said she opposed giving West Mansfield Realty any more time.
“The citizens are tired of waiting on this. The business owners are tired of waiting on this,” she said. “This company has been getting opportunity after opportunity. This conversation should not even be happening. They were given a deadline. They did not meet it.”
