What does UE mess tell about city’s policies regarding new development?

This issue has come to a head several times regarding the University Estates project off of Ohio Rt. 682 and Armitage Road on the city’s northwest side. Developers of the Grand Vista Village and Reserve at the Falls apartment complex, operating as Acropolis of Athens, Ltd., filed suit against the city in May, alleging that its failure to maintain University Estates Boulevard has caused damages through the loss of property value.

This fall, that lawsuit was dropped in what was described as a strategic move by the Acropolis developers. In a series of letters between Acropolis manager Bret Adams and city Service-Safety Director Paula Horan Moseley, Adams makes what he has characterized as an attempt to establish a more cooperative relationship.

That has proved difficult, however, and may relate in no small part to the fact that Adams is still acting as attorney in another University Estates-related lawsuit against the city regarding an attempt on the city’s part to purchase a large portion of the development site from a previous mortgage holder.

In the correspondence, Adams repeatedly asks for a sit-down with city officials to discuss what he calls “global issues” regarding the project. Moseley, on the other hand, repeatedly asks for a proposal from the developers. And so far, both of these requests have led only to stalemate.

Central to the dispute is the disrepair of University Estates Boulevard. Acropolis argues that by accepting the project as a planned unit development, the city accepted responsibility for road maintenance. The city argues that it only accepted one portion of one road, not all the roads in the project.

Either way, the UE Boulevard has not been holding up very well, which has become a concern for some residents of University Estates.

“Despite complying with all legal load (weight) limits, it is apparent that this road will not sustain even normal load legal limits,” Adams wrote to Moseley on Sept. 27. “This is, of course, a major dilemma as construction progresses for both our project and the city of Athens. We would like to schedule a meeting… to discuss mechanically how we move our project forward.”

He stated that the developers can’t continue to absorb unnecessary costs in constructing other access roads, noting that HUD (the U.S. Department of Housing and Urban Development), which he describes as the project’s mortgage lender, relied upon the roads being accepted by the city and in good condition as consideration to provide the mortgage.

“The condition of University Estates Boulevard should not be the responsibility of a developer or contractors operating in accordance with all applicable laws and legal load limits,” Adams wrote the city.

On Oct. 5, Moseley responded by saying that the city never accepted the entirety of University Estates Boulevard as a city street. She said the city only accepted the first 1,250 feet of the road, and did this so the developer could secure HUD financing.

“This action was taken in order to allow your development to proceed,” she wrote, adding that the acceptance of the first 1,250 feet “does not allow anyone to knowingly damage the road, regardless of whether they are carrying a legal load.”

She explained that the city believes that Grand Vista LLC will be ultimately responsible for damage caused to public infrastructure during the completion of the apartment project, which is known as Reserve at the Falls. She added that the city maintains that the developers are also responsible for current maintenance and proper completion of the remainder of UE Boulevard “that has not been accepted by the city.”

She cited Adam’s letter expressing a willingness “to work with the city of Athens,” stating that city officials also believe it’s in the city’s interest for the development to succeed.

“Prior to a meeting, please provide more information on how you propose a resolution to protect the roadway,” she wrote in the Oct. 5 letter.

On Oct. 11, Adams wrote that he will leave it to the attorneys to ultimately determine how much of University Estates Boulevard the city has accepted. He contended that the city accepted the street for “its fitness as a properly engineered road,” and not just to allow HUD financing.

“If the street is accepted by the city, I do not expect a developer that pulls a legal load limit truck to be responsible for the damage caused to a street already declared fit by the City Engineer’s Office,” he wrote.

He argued that the city will ultimately be responsible for damage caused to public infrastructure during completion of Reserve at the Falls.

“It is our intent and desire to work with the City of Athens on this matter,” Adams wrote. “We would like to change the culture of litigation that we have seen between other developers and entities with the city of Athens.”

He said he hopes that acceptance of the invitation to meet will launch a new dialogue regarding the UE project.

ON NOV. 19, MOSELEY RESPONDED by telling Adams to “Please provide the City with any written proposals and we will respond appropriately.”

On Dec. 6, Adams wrote to Moseley that citizens of Athens should be made aware of the Acropolis developers’ “request to work with the city’s administration only to be repeatedly rebuffed.”

When he first became involved in the UE project, Adams wrote, he was “advised by many local builders, developers and influential (Ohio University) and community members, that the administration of the city of Athens was anti-development and every conceivable roadblock would be placed in our efforts.

“We asked ourselves as developers of Grand Vista Village, LLC, how could it possibly be that elected officials would not embrace such a project?” he wrote. “Two years into the development we are still seeking those answers.”

He said that litigation is a good barometer for the health of a city, and alleged that Athens is embroiled in more litigation and controversy than any comparable community.

“It may well be time for the citizens of Athens to take stock of its leaders and evaluate the public policy decisions it makes,” Adams wrote.

He later claimed that Acropolis has proposed cost-sharing methods of addressing the problem with University Estates Boulevard, even though they have “no legal obligation to do so” and no “financial liability if legally accepted roads are damaged with the operation of legally licensed vehicles.”

Adams continued, “Our project has brought jobs, jobs and more jobs to this community and will provide apartment living that is not available in this entire region, yet you or your administration will not agree to a meeting.” He repeated his prior request for a meeting.

While Moseley had not, as of this report, sent a response, she and other city officials have taken issue with a number of Adams’ assertions.

Athens Law Director Patrick Lang said that Athens has seen a reduction in litigation since he took office, not more. He said the city was involved in 11 civil cases in 2007, prior to his taking office, while this year the city has been involved in six, with five still open.

“Regarding University Estates Boulevard, Mr. Adams sued the city,” Lang said. “The city did not sue Mr. Adams… Having to spend time and resources defending a lawsuit is never desirable. But we must continue to follow and enforce our laws. We must continue to foster responsible development with the many responsible developers who choose to do business here.”

For her part, Moseley said that she hasn’t refused to meet, but simply asked for a proposal.

“All these claims about roadblocks and failing to work with developers… I’m quite taken aback and, in a way, outraged,” she said. “The Grand Vista project was reviewed and accepted as part of that planned unit development.”

She said the Athens Planning Commission and City Council both accepted the project.

“This has gone through the process as it should, as all projects do,” she said. “It’s been reviewed and accepted for this development to occur. The processes are in place so that we as a city view and look at impact… and, again, they went through all those processes. And it was approved… I view that as good government.”