Apparently, neither existing zoning ordinances nor contracts for the purchase of city property mean anything if you own a City Council member. An example of this is taking place in the Whittier Neighborhood. The "Elroy" block was purchased from the City of Minneapolis with a "conditional deed" that specified very specific conditions that must be met. The deed further specified that the property would revert to the City of Minneapolis if the buyer failed to perform on any of the conditions of the sale.
A clear indication that the buyer intends to default in the performance of specifications set forth in the deed is, of course, indicated by an application for a zoning change and the filing of a site plan to do something completely different from the development plan conditioned by the deed. In such a case, the City of Minneapolis should be initiating court action to recover the property. It should NOT be considering a zoning change to facilitate the flouting of that contract. A new RFP should then be issued to find a developer to build what was specified in the original RFP and the conditional deed. Isn't it time Minneapolis put an end to such "bait and switch" improprieties by developers? (Not only because of its general fiduciary responsibility to the taxpayers of Minneapolis, but because of its particular responsibility to the residents of the Whittier Community.) I feel certain that competent legal minds such as Barrett Lane, Paul Ostrow, and Scott Benson can read a conditional deed and will intercede to put an end to this farce and recover the property as specified in the conditional deed. Even elementary classes in real estate teach that IF the conditions of a "conditional deed" are not performed, the property reverts to the seller. I wonder about the real estate expertise of some departments of our City if they should fail to know this! I also am confident that someone in the Minneapolis City Attorney's office can read and understand the meaning of the "Conditional Deed" and then explain it to those Council Members who might not understand the term. Today, the Minneapolis Planning Commission will consider changing the zoning of the Elroy parcel specifically to authorize noncompliance with the conditions of the deed -- before even a single condition of that deed has been complied with or performed upon! It would seem that contracts (like zoning ordinances or fiduciary responsibility) do not matter to those who think they "OWN" a City Council Member (especially in Minneapolis where the old "Ward Privilege" way of doing business may still be in operation). It is highly improper for the Planning Committee to consider, let alone to grant, any such zoning changes. If the City Council does not join the residents of the Whittier Neighborhood in opposing this miscarriage, then I certainly hope the FBI and the U.S. Attorneys Office will again carefully scrutinize the Council! One would hope the ethical members of the City Council would be deeply disturbed by this situation. (And I am assured they are, given the recent adventures of Brian Herron and Len Biernat with the law.) I fully expect City opposition to such a zoning change today. Readers should watch how this plays out today at the Minneapolis Planning Commission. Will the Commission and the Council act responsibly? I have faith that both the Planning Commission and the Council will do their duty by refusing to countenance the application for change and by enforcing the legal contract. If not, some politicians should be replaced. If any Council Member disagrees with this opinion, (or who thinks the "Conditions" specified in a deed contract with the City means nothing), could you please answer this on the List? Also, could a legal mind who is familiar with Federal CDBG funds and their funding of legitimate, City contracted for, "Citizen Participation answer a question for the readers? Are attempts to suborn voter fraud and coercion to vote in a particular way for personal gain and to have access to "Funds" or "City Owned" land that had been improved with Federal dollars a Federal crime? Is such an "Organized" effort a violation of either Federal or State "Racketeering" laws? The intent of CDBG funded Citizen Participation strike me as not dissimilar to Trade Unions, which the law was designed to protect. To me, this is an interesting question, but is anyone else curious? How about an answer from Hennepin County Attorney Amy Klobachar or U.S. Attorney Tom Heffelfinger? Jim Graham, Ventura Village, Phillips Community, and Sixth Ward of Minneapolis REMINDERS: 1. Think a member has violated the rules? Email the list manager at [EMAIL PROTECTED] before continuing it on the list. 2. Don't feed the troll! Ignore obvious flame-bait. For state and national discussions see: http://e-democracy.org/discuss.html For external forums, see: http://e-democracy.org/mninteract ________________________________ Minneapolis Issues Forum - A City-focused Civic Discussion - Mn E-Democracy Post messages to: mailto:[EMAIL PROTECTED] Subscribe, Un-subscribe, etc. at: http://e-democracy.org/mpls
