[Dave]

...the city has completed the work on making that area a park by 2013.

Take a look at this document, which we came across while searching for something else (isn't the internet great?):

http://www.hud.gov/offices/oig/reports/files/ig0851001.pdf

This document has to do with the transfer of the Harborside Homes land to the city. On page 10, the document refers to the demolition of the buildings on the site, and sale of the property to the city. However, it notes that the deed conveying the property to the city had a restriction.

From page 11 of that document...

The City Had Not Begun Development of the Park
As of September 2007, the City had not begun developing the land for the park. According to the mayor, the development of the park would not begin until the City purchased another adjacent company. However, he was unable to provide a date or assurance that the purchase would occur. HUD’s approval for the negotiated sale of the site of the former housing project was not contingent upon the purchase of another company, nor was the stipulation in the deed of conveyance or the memorandum of agreement between the Authority and the City.
As previously mentioned, the Authority’s right of reversion of title expires on July 1, 2013. Although the City had approximately six years remaining, it had not developed any plans for the proposed park as of September 2007. Additionally, the Authority was unable to provide records or progress reports that were required to assist in monitoring the approved demolition/disposition activity.

So, if the city hasn't completed the park it promised to make on the Harborside property by July 1, 2013, the property reverts to HUD. And putting condos, or restaurants, or a movie theater, well, those aren't parks. And HUD isn't going to care if the city is still trying to acquire Blocksom (which we all know they have been trying to do since the 70's).

This whole thing reminds me of when the city tried to sell the airport to pay for the new city hall. The airport which had been paid for with a substantial amount of money from the FAA. The city got taken to the woodshed on that one -- use the sales proceeds to buy a new airport or refund the grant money, the FAA told them. Anyone care to guess who the city planner was at that time?

This HUD document is dated November 19, 2007. I would have expected something about it to be mentioned in the News-Dispatch or the Herald Argus, but I suppose it may have slipped under their radar. I would have been surprised if the city or the Housing Authority had mentioned it to the newspapers, as it is rather unkind to both of those parties.

[Southsider2k12]

Nice catch Dave!

If nothing else, this is the exact reason why there is a niche for a place like this. A small local newspaper with limited resources isn't going to be able to pick up all of the things like that, and in a place like this, all it takes is one person to give a great bit of info to the masses.

Back on topic, they HAVE to be able to throw up SOMETHING in 5 years, right? Even if it isn't a master plan, there has to be a plan B, just to keep possession of the land.

[Ang]

Now that Dave has posted this information, I'll bet we will be reading about it in the News Dispatch inside of a week.

$5--Any takers?

[Dave]

Nice catch Dave!

If nothing else, this is the exact reason why there is a niche for a place like this. A small local newspaper with limited resources isn't going to be able to pick up all of the things like that, and in a place like this, all it takes is one person to give a great bit of info to the masses.

Good point. I love this place, and this sort of thing is one of the reasons the CBTL message board is important (in addition to the pizza parlor reviews!) As for the "small town newspaper" stuff you and Ang mention, I fear I am becoming a bit jaded. I've always thought that the purpose of a small town newspaper was to keep local officals on their toes, sending reporters to city and county board meetings and such, and reporting on them to the public, and in doing so, maintain an arms length distance from the elected officials. The paper can be a booster for the town without covering up errors, in the interest of correcting errors and making things right. I have come to doubt that model applies to the News Dispatch, however, as it appears to me that some of the folks in charge at the N-D seems to be a bit too palszie-walszie with the folks at city hall. We occasionally see something in the N-D critical of city hall, but god only knows what stories get killed.

But I digress.

Back on topic, they HAVE to be able to throw up SOMETHING in 5 years, right? Even if it isn't a master plan, there has to be a plan B, just to keep possession of the land.

I don't know if the folks at HUD are going to be satisfied with "something." If the city throws together some half-assed thing in 2012 (which will notably be in the next mayoral term -- suppose this is going to get dumped on the next guy?) I don't know if that is going to meet their expectations. And if it doesn't, well, there will be a legal action to enforce the reversion, which I suppose will involve the city hiring outside counsel who will be paid by further use of TIF funds. Heck, I'm flabbergasted at the amount of TIF money being used to pay lawyers -- if that money had been used to pay property owners instead, the city would own every inch of the Trail Creek corridor by now.

I'll pass on the bet, Ang, but I'm thinking that while there are folks at the N-D who read this board just as there are folks at city hall that do, the fact that they're aware of it doesn't mean there will actually be a story. Like I said, I'm jaded.

On second thought, I'm in. That's five bucks I'd be happy to lose.

[mcstumper]

I bet Blocksom knows about this deadline. This definitely strengthens their bargaining position. It is unfortunate for the city.

[Dave]

I bet Blocksom knows about this deadline. This definitely strengthens their bargaining position. It is unfortunate for the city.

It may improve Blocksom's bargaining position some, but the city's responsiblity to create the park was not contingent on the city acquiring additional properties. Heck, we've seen on here (CBTL) citations that the city has been trying to acquire Blocksom since the '70's.

If the folks on the Redevelopment Comission had used the money they've spent on lawyers (once again, money from TIF funds, grrr) to pay the folks on Trail Creek (where did I read attorney fees have exceeded $600K?), this wouldn't be an issue.

Just to ramble a bit, I have to wonder about the lawyers involved on the part of the city. Their time costs the city money, they aren't salaried city employees. I've always been of the opinion that attorneys should solve problems for their clients in a manner most cost effective for their clients.

A personal example. I interviewed for an attorney job several years ago in Michigan (can't remember if it was Alpena or Sault Ste. Marie, and as part of the interview the attorney handed me a case file from one of his clients. It involved real estate, and family issues -- grandpa gave lakefront property to two kids or grandkids, on an inland lake. The way the deeds were drawn up was a bit ambigous, and one of the kids was claiming they had title to about a ten foot strip of land between the other kid's property and the lake. After looking at the documents, I concluded the landlocked kid (our client) would win in a quiet title action to claim the lakeside strip of land. When I sat down with the guy interviewing me, I said our client would most likely win in court, but it would cost him something like 10 grand in fees to bring suit, and that I would recommend to the client as an alternative giving the other kid something like 5 grand for a quitclaim deed to the property in question. Same effect as the lawsuit, but half the price, and if the other kid refused the offer, hey, bringing suit would still be an option. Turns out that's exactly what that attorney had done in the case. I still can't recall why that job didn't happen -- I probably passed on it when I found out the salary (small town firms don't pay much to recent grads /new hires).