"It's like shooting a business that doesn't need to be shot"

Marshall Gerson, longtime owner of Ellgee's Uniform Shop at 1831 Tulane Avenue, describes the ironic folly of the UMC disrupting and displacing his business in the name of economic development.

Mayor Landrieu clearly didn't care, choosing instead to double down on a rotten deal:

"It's taken too long and it's been too hard and I'm calling on everybody now to redouble their efforts," said Landrieu.

Interesting

I didn't notice this letter from the Mayor until now.

This is the interesting part:

"I'm committed to making sure that historic properties in the hospital footprints are moved and protected as best as possible."

While the "as best as possible" language leaves some wiggle room, note that it doesn't simply say VA Hospital Footprint, but rather "hospital footprints" instead.  To date, not a single house has been moved off the LSU Footprint.  And multiple historic homes have been demolished in that site.

Please contact the Mayor - (504) 658-4900 - and tell him to halt demolitions in the LSU Footprint until a concrete house moving plan is finalized.

A Hiccup Along the Way

In an undertaking as complex as the mass house moving we've seen in the VA Footprint, a few things are bound to be less than perfect as all of the kinks get worked out.  So this is no surprise. 

I think the reporter somewhat overstates the issue with language like "living in fear" and  "wrench thrown in," and it sounds like the City is moving along in its plans to secure the homes moved from the VA Footprint.

While I can empathize with the neighboring homeowner, I believe Mr. Hutcheson from the City is right:

"I think in the long run the benefit far outweighs whatever risk there might be."

I'm glad to see that the Landrieu administration is committed to the project.

10,000+ Petitions

A delegation of Save Charity Hospital advocates managed to deliver an impressive pile of petitions at City Hall today as they called on the Mayor to re-open the historic hospital.

The number is encouraging, and so is Landrieu's willingness to meet with the group (even if it took a while for him to warm to the idea).

"The resulting design plan envisioned a footprint that would fit nicely in Glendale, Ariz., or any American suburb where the unifying design element is the surface parking lot."

John Maginnis talks Lower Mid-City hospitals in today's Times-Picayune.

He rightly praises Mayor Mitch Landrieu for taking a more constructive and engaged approach in the matter than predecessor Ray Nagin.

However, this statement - "But he felt community pressure not to allow LSU and the state to have their way razing and replacing everything on 70 acres in the middle of town" - reveals the real problem. 

Even if Landrieu does force LSU to come up with a better design for the LSU side, even though he did support the house moving on the VA side, 70 acres in the middle of town will still be razed and replaced.  The state and LSU will still ultimately have their way even if the window dressing is shifted slightly.  Landrieu felt the intense community outcry, but he didn't respond and act with similar intensity on the leadership side. 

I'm sure he and his staff view his responses as the "reasonable, middle ground" solutions - and the house moving, for example, is admittedly a major undertaking.  I'm sure they're tired of "obstructionist" advocates who are never seemingly satisfied with any measure.  But here's the thing: a mere "balanced" response by the city's leader is not a sufficient response when the harm he seeks to redress or avoid is dramatic, long-lasting, avoidable, and clearly wrong in many ways.  It requires more than we've seen thus far.

There are no plans to move the over 50 historic homes in the LSU Footprint at this time.  Even if the design on that side of the project is superior, it's still slated to involved outright demolition of many properties that contribute to the Mid City Historic District.

Additionally, the solid VA Hospital building "island" out in the Mid-City neighborhoods will still break up the street grid and distort the neighborhood even if the LSU Footprint's design is revised to avoid those problems.

In short: Yes, Landrieu has reduced the pain in a number of ways - and he should be recognized for it - but that's little consolation when the city is still having a major surgery performed in the wrong location.

Treading in Dangerous Waters

Today's Times-Picayune piece demonstrates just how fundamentally flawed the plans are for the proposed UMC Hospital, in what I've long called the LSU Footprint.

Mayor Landrieu, at the very least, called for changes to the UMC design, and some of those changes - adding street-level retail space, maintaining at least some of the Mid-City street grid and reducing the amount of surface parking on the 34-acre University Medical Center campus - would be positive.

But they're borderline meaningless in the big picture - the neighborhood is still being destroyed.  And I'm not using that word lightly.  When I say destroyed, I mean literally destroyed.  By the state government with the complicity of the city government.  And I know of no plan to move the houses on the LSU side, so at present, well over 50 historic homes (not just in my view, but as determined by the Programmatic Agreement for the hospitals) are headed for the landfill.  Like this one:

That brings me to the other aspect of the LSU Footprint that Bill Barrow managed to highlight as he confronted the city's Andy Kopplin and the Division of Adminstration's Michael Diresto: LSU is even now expropriating land only to have it sit or have it go to a private entity.  Not incidentally or accidentally, but purposefully.  Barrow noted the possible problem with the state's Constitutional Amendment, passed as a result of Kelo:

One challenge of creating more retail space is conforming to state laws that limit the private use of land that is expropriated for public purpose. Similar considerations could come into play if the project depends on federal mortgage insurance to back construction bonds.

...

The state appears to have no intention of slowing its land acquisition process, and its contractors have filed dozens of expropriation orders on parcels in the footprint. That could still leave several city blocks of empty, unused land, even if the street grid on those blocks is reopened.
Kopplin said the city believes that "auxiliary services" that are directly connected to the UMC mission -- pharmacies, medical suppliers, flower shops, restaurants -- should clear any legal obstacles.

I'm not so sure.  See Section 4 of Article 1 of the Louisiana Constitution as amended in 2006: Except as specifically authorized by Article VI, Section 21 of this Constitution property shall not be taken or damaged by the state or its political subdivisions: (a) for predominant use by any private person or entity; or (b) for transfer of ownership to any private person or entity.

There's also the added state constitutional requirement that in addition to being entailing a public purpose, the expropriation must be necessary: "(4) Property shall not be taken or damaged by any private entity authorized by law to expropriate, except for a public and necessary purpose and with just compensation paid to the owner; in such proceedings, whether the purpose is public and necessary shall be a judicial question." [bold and ital. mine]

I've noticed that the LSU expropriation petitions on file with the CDC clerk contain affidavits by some shameless figure named Kim Way from Columbus, Ohio asserting that the amount taken is appropriate for the project.

LSU should know that such actions are at the root of the nation-wide backlash against the Kelo decision, an opinion reviled by figures across the political spectrum.

Finally, why is the default in this situation an overwhelming deference to LSU?  It's evident again in the mistreatment of homeowners and operating business owners - like Cal at Broadmoor Auto Parts on Banks Street, which struggled as it was to come back after Katrina:

The Goody Clancy report also raised the idea of not expropriating land on the Claiborne side of the footprint if the parcel is now occupied by a working business. Kopplin said that issue has come up in the city-state discussions. He cited other public development projects in which a public entity agreed to a conditional purchase of private property, allowing a business or homeowner to remain on the land for a certain period of time until the parcel is actually needed. 

"I'm not saying that's going to happen in this case, but we're at least asking the questions," Kopplin said.

It should happen.  There's still so much uncertainty about whether LSU will be able to fund its proposed medical center that expropriation of properties to drive people and businesses out is truly sinister.  It's nothing short of un-American for the government to take property when it's not at all clear that the land seized will actually be used for a public purpose.

House Moving Press Conference - Tomorrow, Inside the VA Footprint

MEDIA ADVISORY
FOR IMMEDIATE RELEASE
September 8, 2010

Contact:
Ryan Berni
504-658-4992 (office)
504-417-1933 (cell)

MAYOR LANDRIEU TO MARK THE MOVING OF HISTORIC HOMES IN VA FOOTPRINT

New Orleans, LA— On Friday, Mayor Mitch Landrieu and city officials will mark the moving of approximately 100 historic homes currently in the VA hospital footprint in Mid City. The homes were initially slated for demolition, but Mayor Landrieu reprogrammed $3.2 million in CDBG funds to have the homes moved in conjunction with Builders of Hope and local non-profit organizations.

WHO: Mayor Mitch Landrieu
New Orleans City Council
Builders of Hope
Neighborhood and non-profit leaders

WHAT: Press conference on the moving of historic homes in the VA footprint
WHEN: Friday, September 10, 2010
10:30 AM CST

WHERE: 2426 Palmyra Street
New Orleans, LA 70119

*I've been told that the press conference will take place at the intersection of S. Tonti and Palmyra...with 2426 Palmyra "rolling past" at some point (it's one of the houses set to move tomorrow).

The March

On Thursday, hundreds marched on City Hall to deliver petitions asking Mayor Landrieu to renew, restore, and re-open the Rev. Avery C. Alexander Charity Hospital.

Wrong Place, Right Time

This morning, sensing far more preparatory activity evident in the VA Footprint, I confirmed with the crew working on S. Galvez Street that two houses in the VA Footprint are being prepared for a move, as opposed to demolition - these two.  It seems the camelback immediately to the right will not, apparently, be moved.

The roof on the green house was being torn away - I'm not certain how that factors into the moving process, but I hope it's part of the plan.  One of the key goals of the moving process should be to retain the historic character of the structures so that they retain their contributing status to the Mid-City National Register Historic District (it's my understanding that they will be moved to other sites within that same District).

The situation in the Footprint is on the brink of a tipping point.  At least some historic houses are ostensibly going to be moved.  That's a better outcome than demolition of every home.

But it's still a reminder that the effort to stop the elimination of the residential area above S. Galvez is in its final hours.  Even if some homes are saved and moved elsewhere, the terrible decision to build the VA Hospital in an historic district and a neighborhood, detached from the Central Business District is about to come home to roost.  To flip Dr. John's famous line, it's the right time (to bring care back online) - but it's very much the wrong place.  Especially if LSU is unable to complete its planned adjacent medical complex.

There's still at least one chance.  That's the rally tomorrow to deliver petitions to Mayor Landrieu.  With enough community outpouring, it's difficult to say what he might be willing to do.  But there is still that chance.  See the posts below for details.

One more thing.  Recently, someone suggested that the effort to move the houses off the site will suddenly be a huge burden to taxpayers.  I found the argument rather absurd.  For one, demolition, too costs something.  Second, a responsible multi-billion dollar project should have accounted for adequate moving costs and historical preservation from the outset.  And finally, there wouldn't be any issue over moving costs at all if we had not seen such belligerent insistence on building in Lower Mid-City - a place where people are still living even as homes are demolished around them.

Sign the Petition

Petitions by Change.org|Start a Petition »

Some Points from the VA Groundbreaking

According to one person in attendance:

The VA groundbreaking proceeded with patriotic military efficiency today.  Mayor Landrieu, Gov. Jindal and Secretary Shinseki all praised the new hospital project. The Mayor did announce that “one hundred houses would be moved” and that it was a “win/win” for everyone (no response from the audience).

The Times-Picayune reported news that I take to be positive, even though it's unfortunate at the same time:

Landrieu announced at the ceremony that the VA, state and city have agreed to redirect $3.2 million of the project's budget to move about 100 residential properties in the footprint that would otherwise be razed. The money will come out of the $79 million in federal hurricane recovery money that the city had committed to land acquisition and site preparation for the VA hospital.

Builders of Hope and other non-profit organizations will handle the moves, Landrieu said.

"We are a city that prides itself on its culture, architecture and historic neighborhoods, and we are committed to preserving those elements which make our city a national treasure," the mayor said. 

At least the Mayor has come around to the position of agreeing to help save the historic houses by moving them to other sites in Mid-City with the assistance of various non-profits.  I'm very glad to hear a public commitment to moving them, and I'm very glad that some of my efforts off-blog with several others back in the spring helped to bring enough attention to the issue that something beneficial might yet come to fruition.

But the VA project is seemingly going ahead as planned - an ill-sited affair that nevertheless destroys the historic neighborhood inside a National Register Historic District.  If we truly prided ourselves on our "culture, architecture, and historic neighborhoods", New Orleans - and the Mayor, more specifically - wouldn't be permitting the structure to go up lakeside of S. Galvez Street.

UPDATE: Full Landrieu Letter - A 45-day Halt to LSU Footprint Street Closure

This is indeed good news.

Here is the letter from Mayor Landrieu in full:

June 17, 2010
Timmy Teepell
Chief of Staff
Office of the Governor
Louisiana State Capitol
Baton Rouge, LA 70802


Dear Mr. Teepell:
As you know, as Mayor of the City of New Orleans, I have an obligation and a deep commitment to ensure that as we rebuild from Hurricane Katrina, we create the most livable and economically vibrant City possible. That is why I am appreciative of your support for my administration’s effort to undertake a short 45-day architectural peer review to improve the design of the LSU University Medical Center and to suggest improvements that will increase its functionality as a medical center, improve its integration into the urban landscape, and ensure its success as an economic engine for the City of New Orleans and State of Louisiana.


I have instructed the New Orleans City Planning Commission to ask their contractor, Goody Clancy along with a small group of highly regarded architects and planners, including those with experience designing medical and research centers, to review the current design plans for the LSU University Medical Center and make suggestions for how they can be improved in ways that are consistent with the New Orleans Master Plan and the development of our Comprehensive Zoning Ordinance.


I look forward to working with Jerry Jones and his architects and would ask that you direct them to cooperate fully with my design review team so the process can be done as quickly and efficiently as possible.


Thank you for your commitment and service to our State.


Sincerely,


Mitchell J. Landrieu
Mayor, City of New Orleans

Now...hopefully the design review team considers what would be the best option if the old Charity building is not in play...consolidation of the yet unbuilt VA medical center and the LSU center on the LSU site.  That option would keep many historic homes in the dense VA site from being demolished and it would keep development below S. Galvez Street, which just makes sense.

ADDED: Several hours later, the Times-Picayune catches up with a story on the news.

City "temporarily withdraws" attempt to close streets in LSU footprint

That's good news.

I know a number of people and organizations have submitted comments opposing the move, and I anticipated speaking at the City Planning Commission meeting on Tuesday.

I hope Mayor Landrieu takes a hard look at the underlying factual scenario before making any attempt to reintroduce the measure - the funding situation for the project is uncertain, the destruction of historic properties would be significant, and the proposed design is notably poor.

I take the withdrawal as a sign that the new mayor is approaching this major public issue in good faith on his part.