State Finance Commissioner Protects Taxpayer Interests In Delasalle Stadium Controversy
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