Whereas, The Minneapolis Park & Recreation Board (MPRB) is the steward of Minneapolis parks;
Whereas, The MPRB’s fundamental role and responsibility is to protect and preserve parkland within the Minneapolis park system for current and future generations;
Whereas, The MPRB is authorized to contract with public and private entities in the performance of its functions;
Whereas, Since 2012, the MPRB has consistently and regularly communicated, through public Board actions, its concerns and position regarding the Southwest Light Rail Transit (SWLRT) options;
Whereas, The MPRB’s General Counsel, Rice, Michels & Walther and Special Counsel Stinson Leonard Street have both opined that MPRB land affected by the proposed SWLRT alignment meets the definition of “public park,” “recreation area,” and “historic site” under Section 4(f) and those park, recreation area and historic sites will be directly and adversely affected by the proposed SWLRT alignment;
Whereas, Both General and Special Counsels have advised that the proposed SWLRT alignment has failed to properly consider a tunnel under the Kenilworth Channel to determine if it is a prudent and feasible alternative and further that the proposed SWLRT alignment has not included all possible planning to minimize the harm to the park, recreation areas, and historic sites;
Whereas, Both General and Special Counsel have advised that that the proposed SWLRT alignment will not meet the de minimis requirements of Section 4(f) and as such they have both advised the MPRB to not provide any concurrence with such SWLRT alignment to the United States Secretary of Transportation and that such concurrence would be necessary for the SWLRT project to proceed;
Whereas, Both General and Special Counsels have advised the MPRB that in absence of the Metropolitan Council undertaking its obligation under federal law and in order to protect MPRB park, recreation areas, and historic properties under the ownership and trusteeship of the MPRB and in fulfillment of its legal obligations as stewards of those resources it is now necessary for the MPRB to determine on its own and place into the record in this matter whether prudent and feasible alternatives exist for the proposed alignment of SWLRT and whether the project can have de minimis impact on those resources;
Whereas, MPRB finds that important technical questions need further analysis before Federal Transportation Act Section 4(f) findings can be reasonably made and the MPRB can make prudent recommendations that fulfill its responsibilities;
Whereas, Board authorized the Superintendent to hire engineering services for a fee up to $500,000 from the reserves balance to determine the prudence and feasibility of a tunnel under the Kenilworth Channel for the Southwest Light Rail Transit Project;
Whereas, The MPRB has solicited letters of interest from qualified engineering firms;
Whereas, A response from Brierley Associates and a subsequent interview with project leaders demonstrated an understanding of MPRB’s needs for the work and significant relevant experience directly related to the project;
Whereas, Brierley Associates submitted a detailed proposal including a work plan and fee for their work and, upon review, MPRB staff believes the proposal addresses the project requirements and will provide necessary and credible information upon which the MPRB might fairly and fully respond to questions of impacts by SWLRT on park resources at the Kenilworth Channel; and
Whereas, This resolution is supported by the MPRB 2007-2020 Comprehensive Plan, which envisions “Dynamic parks that shape city character and meet diverse community needs;”
RESOLVED, That the Board of Commissioners authorize a professional services agreement with Brierley Associates for engineering services related to the feasibility and prudence of Kenilworth Channel crossing alternatives in the amount up to $245,500; and
RESOLVED, That the President of the Board and Secretary to the Board are authorized to take all necessary administrative actions to implement this resolution.