Reprinted from the Minnneapolis Issues Listserve with permission from Ms. FitzGerald
DeLaSalle and the MPRB will have to rewrite their Reciprocal Use
Agreement (RUA) to “conform to the requirements of the [State] Finance
department” according to MPRB General Manager Don Siggelkow. The MPRB
and DeLaSalle met with staff of the State Finance Commissioner in
September. The project needs the approval of the State Finance
Commissioner because state bond dollars were used to acquire 201 East
Island, the so-called “tennis court parcel” that DeLaSalle wants for the
athletic facility project.
Friends of the Riverfront learned last week that State Finance staff
proposed two options: 1) the MPRB sell the land to DeLaSalle and sale
proceeds would go back to the State, or 2) restructuring the deal so
that the MPRB leases the DLS land, DLS builds the stadium, and the MPRB
and DLS work out a Reciprocal Use Agreement for use of the stadium. The
MPRB has to have final control of the stadium. This would appear to
quash the Joint Programming Board giving DeLaSalle veto power over what
public events might be held at the facility. Additionally, the term of
the agreement would be reduced to 20 years, not to up-to-70-years in the
current RUA. The MPRB, and not DeLaSalle, would have the option to
renew. Finally, the question of DeLaSalle closing or relocating was
raised and a provision giving the MPRB the option to buy the land and
structures in the event the school closes was suggested.Major changes may be in the works thanks to State staff advocating for
public interest and public use of taxpayer dollars. I am not clear on
the land sale process but I believe this would have to be approved in
court. I am also not sure if rewriting the RUA to give the MPRB
facility control would change the conditions in the the conditional use
permit and so, open another round of City hearings. Alternately, the
MPRB and DeLaSalle may decide to challenge the State Finance department.In September, Friends of the Riverfront filed a new lawsuit on the
project. This lawsuit challenges the process by which the MPRB and the
Met Council swapped 201 East Island (the “tennis court parcel”) for
upriver land to be added to the regional park system. A decision in the
lawsuit contesting the City Council override of the Heritage
Preservation Commission’s two denials of certificates of appropriateness
is due at any time – no later than mid-December. When the Friends tried
to file suit in District Court, the judge dismissed the suit saying she
had no jurisdiction – that jurisdiction issue is on appeal but has not
been argued. So, there are three lawsuits pending.Also in September, a group assumed to be DeLaSalle parents picketed on
the Hennepin Avenue Bridge with signs saying “Enough is Enough.”City Planning has yet to issue its recommendations for implementing
conditional use permit conditions imposed by the City Council.
Ownership of the parking areas at 6 Eastman Avenue and the small lot off
DeLaSalle Drive remains unresolved. Construction permits have not been
issued as of this week.On October 16th, DeLaSalle is holding a groundbreaking ceremony for the
proposed athletic facility. In September, MPRB Commissioners required
DeLaSalle to post a $250,000 bond to ensure that funds are available to
restore the parkland and the street should DeLaSalle start construction
and the court rules against the project.On October 23rd, the HPC will hold a public hearing on the required
archeology plan. Either side has the option of appealing the HPC
decision – the appeal process to the City Council Z & P Committee and
the full Council takes almost two months (so December when the first of
the court decisions is due).FYI,
Shawne FitzGerald