Jim Mork to Barb Lickness;

>>I meant in devising
>>lawsuit-PREVENTING measures.  You say they "chose
>>to ignore the law".  OK, explain to me why they
>>did that?  Were you there at the time with city
>>legal advisers, explaining that this was in
>>violation of laws which would necessitate a
>>lawsuit the expense of which the citizenry would
>>not like to incur?  Was there a process for
>>diffusing this to more than the small number
>>involved with the ramifications?

Yes Mr. Mork, Barb Lickness was there.  A whole lot of other people were
there also, BEGGING the rest of the Minneapolis to help us. We were WARNING
that these actions by the City violated Minneapolis' own ordinances,
violated the rights of these "impacted communities" to "Due Process" and
"Equal Protection Under the Law", and most importantly violated the rights
of the proposed residents of Supportive Housing facilities, if they were
concentrated into small geographical areas. We were all there warning the
City that this would precipitate legal action.  Former US Attorney David
Lillehaug, who also was "warning that this action violated the law",
represented us. The rest of Minneapolis, (by and large), ignored the issue,
because they had the political power to prevent such developments in their
own communities.

Just as the rest of Minneapolis is by and large ignoring the discrimination
by Minneapolis and Hennepin County against poor communities of color when
they do not get "Equal Protection" from criminal activity. (A next round of
legal actions, and requests to the Minnesota Legislature - if the City does
not address this problem) WARNING! Possible waste of Taxpayer dollars on
legal fight rather than addressing the problem.

Ventura Village attempted to settle out of court with PPL and their legal
firm, Dorsey and Whitney.  PPL, and Dorsey and Whitney, all but laughed at
us. Remember PPL and their partners had bragged, prior to the issue coming
to the neighborhood, that they were going to "stuff it down the
neighborhoods throat and there is nothing the residents can do about it".
That sounds like an organization that is very sure of its political power
and its bought law firm.

Ventura Village begged the City Council to act responsibly, but remember the
City Council Members were in a fight over who would be elected, and then who
would run which committee, and who would be president of the City Council.
Quite simply, deals were cut, and City Council members voted to violate
Minneapolis Ordinance. Those making such deals probably included Jim Mork's
own City Council Person, it certainly included the rest of the Z&P
Committee.

Jim Mork asks if there is a process of "diffusing" this to more than the
small number involved with the ramifications?"  Yes Jim there is, it is for
the neighborhood groups to stay abreast of actions being considered in City
Hall.  It is for a red flag to go up ANY and ALL TIMES where the City is
trying to force something through against neighborhood wishes. Jim Mork had
an excellent suggestion about a CCP/Safe like newsletter! How about the City
of Minneapolis doing what Jim Mork suggests and sending a notification
letter to each and all neighborhood groups when the City is considering
overturning a citizen participation vote.  Most could be ignored, but at
least the communities would know some action was about to take place that
"MIGHT" precipitate the spending of taxpayer dollars on a legal action.
Neighborhood groups would also be warned that the City was taking an action
that might in the future be taken against their wishes.

How else can we prevent more needless lawsuits?  One way is for City Council
members to adhere to the votes of "Legitimate Citizen Participation
Organizations", unless there is a lengthy process to overturn such.  Citizen
Participation is presently only looked at and referred to when it supports
Council and Planning Department actions.  Otherwise it is uniformly ignored
from poorer, less politically powerful, neighborhoods.  We elected THIS
Mayor and THIS City Council because they promised to listen because they
said, "Neighborhoods were in the best position to know what they needed."
Any List members remember any City Council member or Mayor, whom we elected,
who did not make that commitment?

Another way to avoid litigation is to have proper legal advice prior to any
City Action.  The Z&P committee making a decision then asking the City
Attorney "to write finding documents to support the action", is about as
stupid an action as I can imagine.  This is exactly what happened in the CVI
case. Competent legal staff should be relied on to have input PRIOR to
making a decision, not make legal excuses AFTER a bad decision. Can you
imagine a taxpayer saying, "I am going to refuse to pay property taxes this
year, because the City of Minneapolis is spending my money foolishly." and,
"Now I will pay and order my lawyer to write some reasons why I can break
the law."? I think a person would be better off getting competent advice
prior to taking such an action, rather than hiring legal assistance to try
to get the property out of tax forfeiture. IT IS FAR CHEAPER TO GET LEGAL
ADVICE PRIOR TO AN ACT, RATHER THAN TO PAY FOR LEGAL DEFENSE WHEN GOING TO
COURT!

The Neighborhood has attempted to have mediation and arbitration with the
City on the PPL - CVI project.  The City's idea of compromise, however, is
if we chose to be shot with a 9MM or 38-caliber bullet. The neighborhood
would still prefer the City to act responsibly, rather than having to go to
Court. Unfortunately the City of Minneapolis appears to be more willing to
use taxpayer's dollars to fight Court cases than to use those same dollars
to solve the actual problems. Mr. Mork, your City Council representative, my
City Council representative, and some other City Council members seem to be
very happy to waste tax payer dollars in this manner. Hopefully, Barbara
Johnson, Scott Benson, Barrett Lane, and other responsible City
Councilpersons with legal acumen (Mr. Zerby and Mr. Ostrow), will be able to
bring some common sense to this issue.

At the request from Mr. Mork, for the neighborhoods of Minneapolis to have
prior warning when the City may take some action leading to unnecessary
legal actions, I now give such a warning.

WARNING: The City of Minneapolis is now and has for some time been
considering changing the Minneapolis Comprehensive Plan in a manner that
would help concentrate large Multi-unit housing projects in "Impacted Areas"
against neighborhood wishes and plans.  This action, on the part of the City
of Minneapolis, would violate the spirit of the Holman Decree and probably
start a whole battery of further lawsuits.

We simply need some forum for neighborhoods to come together to discuss
mutual problems and to share resources and support. The City council in the
past served this function, but with the advent of "Professional Politicians"
they serve another constituency now. I suggest that David Brauer and other
Internet mavens invent one, or at a minimum invite such an activity here and
on other "Lists".

Jim Graham,
Ventura Village - and other places in Minneapolis


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