Barb is basically correct in her time line, except for the time the property was sold to Sabri. Property does not become sold until the deed is signed by the two parties in good faith and consideration conveyed. That happed only recently (if you discount the good faith portion). In the conveyance document there are very clear conditions for that sale. Certain City Council Members signed that document, and as such the Council knows that it can legally retake the property for non performance of those specified conditions.
When contacted by Whittier folks asking me for my assistance on this matter I immediately asked Marion Biehn if I could review a copy of that conveyance document. From experience in development, experience dealings with the City of Minneapolis, and experience with real estate transactions I felt certain that I would find "Conditions" on the sale of the property. Marion produced a copy and upon review I found as I suspected that Minneapolis had indeed not only included such "Conditions" but also the specific recourse for failure to perform, in this case immediately retaking of the property. I advised the Whittier folks of this, and the legal recourse the City might have but also the legal recourse the Whittier Neighborhood might have if the City Failed to perform on these conditions. I also (at Whittier Neighborhood's request) attended the Planning Commission meeting and gave public testimony informing the Commission information on that specific area. As noted in a previous post, not only was the "Planner" Fred Neet not aware of these conditions, but he seemed to not even understand what the implications of such conditions were. He might be excused because some Commission members also seemed genuinely confused about their meaning. Fortunately for the people of Minneapolis Gary Schiff seemed to well understand the implications. I attempted to explain this to Dean Zimmermann, but to no avail. Zimmerman seemed to only care about the interests of his friend Sabri, even when presented with this information from myself and several Whittier residents. Another thing that also became clear from reviewing the document was the matter of "Dates" and "Good Faith". The contracting for and production of the new architectural plans and the subsequent application for zoning changes would by necessity have taken place previous to the signing of the conveyance document. Meaning that the contract which was signed between Sabri and the City was void because one of the parties entering into that "agreement" was acting in bad faith with every intention to cheat the City of Minneapolis on part of the consideration of that agreement. Cheat by NOT performing on the conditions that were stipulated in that contract. Such actions by Sabri are prima fascia evidence of that "Bad Faith". I am sure the Council Members signing the contract were acting in good faith to the City of Minneapolis when they signed that contract and as such were knowledgeable of the "Conditions". Given Sabri's alleged notoriety (for Wizard's sake let us say suspicion) for bribing City Council members, and the subsequent FBI investigation of his friends on the Council, I can not believe they did not carefully read that document. As such how could the Council not know about the "conditions" and specifically intend for them to be carried through on. (LOOK AT THE DATES) Everyone interested can obtain a copy of the deed and contract. It is public information and the City MUST provide a copy if asked. Perhaps someone should have posted such a copy on the Minneapolis Issues List. Perhaps RT Rybak should have his staff re-type the document and post it on the Issues Forum? That way he can finally read it, read the date of its signing and realize what terrible advice he may have received from some staff. I remain sure that RT Rybak is honest enough to not have made this mistake without some terrible staff advice, and of course the "Planning Department" staff concealing the specifics of the agreement and the South Whittier Redevelopment Plan. While Sabri may have thought to buy some Council Member, RT is far above any such suspicion. I have faith that after reviewing the matter RT will realize his mistake and be wise enough to rectify that mistake, and never again listen to whatever bonehead advised him into making the mistake. Jim Graham, Ventura Village, Phillips Community Planning District, Sixth Ward of Minneapolis >"If you board the wrong train, it is no use running along the corridor in the other direction." - Dietrich Bonhoeffer 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
