Mayor Betsy Hodges Minneapolis City Hall 350 S. 5th St., Room 331 Minneapolis, MN 55415 Dear Mayor Hodges, This letter outlines the Metropolitan Councils final response to the City of Minneapolis requests in connection with the mediated discussion relating to municipal consent for the METRO Green Line Extension (Southwest Light Rail Transit). This mediated process has now reached a point where clear choices can now be made by the City. Therefore, I am submitting this final response to you in hopes that you and your colleagues will agree that this represents a fair deal for the residents of your city and that you will move swiftly to conclude the municipal consent process. Ive instructed the Councils negotiating team to discuss this response with your representatives at the scheduled mediation session on June 27. At the conclusion of the June 27 session, we will end our work with the mediator and going forward, will expect to communicate directly with the City regarding this matter. Because the Metropolitan Council values its relationship with the City of Minneapolis, we voluntarily chose to participate in the mediation process suggested by the City. It has always been our intent to use this process to address issues that fall within the scope of the municipal consent process, as defined in Minnesota Statute 473.3994. Regrettably, the City sought to use this process to obtain contractual language on issues outside the scope of municipal consent. Despite that fact, the Council remained at the table through more than 40 hours of mediation in hopes of finding a means to satisfy Minneapolis relevant concerns about the project design. It is time to bring these discussions to their conclusion. As previously discussed by our designated negotiation teams, the Metropolitan Council is prepared to make a series of changes requested by the City to the physical design components of the METRO Green Line Extension, including eliminating the north side of the shallow tunnel through the Kenilworth Corridor, allowing for an at-grade station at 21 st Street. The list of City-requested changes we find acceptable under the law is attached to this letter, following a proposed Memorandum of Understanding on the subject of physical design changes (Attachment A). As the MOU describes, 50 percent of the net savings realized by removal of the north shallow tunnel will be available to meet the Citys other physical design changes. The remaining 50 percent will be used to reduce the overall budget of the project. Improvements requested by the City that fall outside the allotted 50 percent will be considered along with other contingency funding requests as the project progresses. I am prepared to present the physical design changes requested by the City and funded by the 50 percent savings from the removal of the northern tunnel/reinstatement of the 21 st Station to the Metropolitan Council on July 9, 2014, and to recommend that the Council formally amend the project scope and budget to accommodate these changes. Page - 2 | August 27, 2014 | METROPOLITAN COUNCIL
I am prepared to further recommend that the Council adopt both of the attached Memorandums of Understanding at the same meeting. Amendments to the project scope and budget will require a new Council/Hennepin County public hearing 30 days or more following July 9. City action on municipal consent would follow the new joint hearing. In order to place this recommendation on the Council agenda, I must receive confirmation from you no later than July 3, 2014 that you accept this final offer and will recommend that the City Council provide municipal consent of the amended project scope and budget, once adopted by the Council.
If you are unwilling to accept this offer, the Council will await the Citys action on the pending preliminary design plan or before the July 14, 2014 deadline. The City may choose to take action under the municipal consent process to approve or disapprove the current preliminary design. Disapproval should be accompanied by design changes that would cause the City to approve the amended design.
The Metropolitan Council sees value in many issues raised by the City, equity advocates, residents and employers. However, the advisory municipal consent process is not the appropriate means for accomplishing these objectives as these issues do not fall within the definition of preliminary design plan as outlined in Minnesota Statute 473.3993. The law is clear that the physical components of the preliminary design plan are the sole basis for municipal consent considerations. Specifically, the City requested that the Council purchase and maintain in perpetuity the Kenilworth freight corridor. While we support the Citys goal of long term public ownership, more work remains to be done to clarify how this might best be accomplished. We are prepared to begin discussions with the Hennepin County Regional Railroad Authority and other partners to reach a resolution on this issue as quickly as possible, but outside of the municipal consent process. As a means of demonstrating our commitment to this goal, I am willing to submit the attached Memorandum of Understanding pertaining to this issue to the Council for consideration (Attachment B). The Council is firmly committed to enhancing equity in our region, as demonstrated by our recently adopted 30-year regional plan, Thrive MSP 2040. As you know, we are jointly hosting an upcoming national conference on equity with the City of Minneapolis and we are actively working to convene stakeholders in areas of racially concentrated poverty throughout the region to address inequity in infrastructure, housing, transit and other important issues.
Our shared commitment to equity is why, in response to the Equity Coalition, I am prepared to bring before the Council at its meeting on July 9, 2014 the Equity Plan presented to the City during negotiations (Attachment C). This plan addresses improved bus access to stations along the line, enhanced bus shelters in areas of racially concentrated poverty, and public safety issues amongst other equity considerations. In accordance with Council policy and public transparency expectations, the Council will seek public comment on the Equity Plan before adoption.
In response to the Equity Coalitions request that a Loan Fund be created to attract, retain and grow women and minority owned businesses within the three mile active transit area of stations along the Green Line Extension corridor, we will convene interested stakeholders and prospective funders to consider the form and funding of such a Loan Fund. As this would benefit the entire corridor, it is particularly important that all communities along the corridor are prepared to participate in both administration and financial support of this Loan Fund, just as Minneapolis, St. Paul and the Metropolitan Council did with the Central Corridor Ready for Rail Small Business Loan Fund. I look forward to learning what resources the City is prepared to commit.
With regard to long term transit funding and governance, the Council welcomes the Citys participation and voice in developing the 2015 transportation funding and governance legislation. The Council plans Page - 3 | August 27, 2014 | METROPOLITAN COUNCIL
to be actively engaged with Metro Cities as a representative of the interests of cities generally. As the largest cities in the region, we expect both Minneapolis and St. Paul to play a significant role in representing the specific interests of the central cities. Likewise, the Council continues to welcome the Citys involvement in the development of the Transportation Policy Plan. However, we are unwilling to unilaterally add language that benefits proposed streetcar lines. Streetcars can and should be the subject of a regional discussion.
Ultimately, other City requests including legally binding agreements on property valuation claims and minimum budgetary allotments for certain premium design embellishments are harmful to the project and run contrary to the statutory process followed by the other four communities along the line. The Council is unable to make these types of commitments as they would put the project in a position where it would lack the budget flexibility to meet the greatest needs along the corridor, as determined by an open and transparent public process. During the course of this project, weve engaged thousands of citizens in hundreds of hours of public meetings and countless conversations. This kind of citizen involvement is essential as we move the project forward and it would be inhibited by the type of agreement the City seeks. As youve seen with the METRO Green Line, an investment of this magnitude has the potential to revitalize our communities in ways few other public investments can match. We hope the City of Minneapolis sees the clear benefits of constructing the Green Line Extension to the residents of both the city and the region and that you will act quickly to provide municipal consent. Should you wish to proceed with the attached agreed upon changes to the physical design components of the project, please notify me no later than July 3, 2014. These adjustments to scope and budget will require additional action by the Metropolitan Council and we are eager to make those changes quickly. It is my sincere hope that the Council and City can continue to work together productively on this project and the many, many other regional issues that impact the residents of Minneapolis. Sincerely,
Susan Haigh Chair
Encl: Attachment A: MOU regarding physical design changes requested by the City of Minneapolis Attachment B: MOU regarding Kenilworth Corridor Ownership Attachment C: Council response to equity considerations raised by Equity Coalition
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Attachment A MEMORANDUM OF UNDERSTANDING Proposed Redesign of a Portion of Southwest Light Rail Project
This Memorandum of Understanding is intended to set forth the process and the proposal agreed upon by representatives of the City of Minneapolis and staff of the Metropolitan Council concerning an amendment to the preliminary design plans adopted by the Council and submitted to the City for action consistent with Minn. Stat. section 473.3994. After lengthy discussions, the City and the Council have reached an understanding of how certain changes to the Preliminary Design Plan of the Southwest Light Rail Project (Project) within the City of Minneapolis would render the Project more acceptable to the City. As a result, the Parties agree that Project staff will finalize certain design plan changes that were discussed and agreed upon and the Council Chair will submit those proposed changes to the Metropolitan Council for its consideration. The proposed changes are more specifically set forth in Exhibit 1, attached to this MOU. These changes made at the Citys request include, but are not limited to, elimination of the north shallow tunnel and the addition of an at-grade station at 21 st Street. In addition, all changes are subject to acceptance for funding by the Federal Transit Administration. The Parties concur that fifty percent of the net savings realized by removal of the north shallow tunnel will be available to meet the Citys other proposed physical design changes. The remaining 50 percent will be used to reduce the overall budget of the project. Improvements requested by the City that fall outside the allotted 50 percent will be considered along with other contingency funding requests as the project progresses If the Council approves the amendments to the plans for the portion of the Project located within the City of Minneapolis that do not involve any other municipality, the municipal approval process set forth in section 473.3994 as applied to the City will commence again from the beginning of that process. Regardless of what action the Council takes with respect to the proposed amendments to the Minneapolis portion of the Project, such action is not intended to change the approval process or timeline already underway for other municipalities.
____________________________________ Date: _______________________ Susan Haigh, Chair Metropolitan Council
_____________________________________ Date: ________________________ City of Minneapolis
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Exhibit 1
Amendments to the preliminary design of the SWLRT Corridor in Minneapolis
The following changes are each subject to the eligibility of federal transit funding.
1. The tunnel north of the water channel will be removed. Light rail trains will operate at-grade on a bridge over the Kenilworth Channel and at grade north of the channel.
2. Add an at-grade station at 21 st Street.
3. The Kenilworth Corridor will be restored to park standards. The Council will work with the City and stakeholders on designs that mitigate or eliminate visual impact of portal walls, crash walls, and fences associated with the tunnel south of the water channel. The corridor will be re- vegetated to a high level of amenity.
4. Add noise mitigation where required based on the Supplemental Draft Environmental Impact Statement.
5. The Council will consider freight rail safety improvement recommendations made by the TranSystems Freight Rail Report.
6. Royalston Station
a. Add enhanced pedestrian connections from the Royalston Station platform to the Glenwood Avenue and the bus stop for Routes 5, 19, and 22. b. Add embedded track along Royalston Avenue c. Add painted tubular overhead catenary poles in Royalston Station area and at station.
7. Van White Station a. Add sidewalks extending from the station and the Van White Bridge south under I-394 to existing sidewalks at Linden Avenue and Dunwoody Blvd. b. Add a pedestrian bridge to Bryn Mawr Meadows. c. Add vertical circulation from the Van White Bridge should a second bridge be built.
8. Penn Station a. Provide a clear, ADA accessible pedestrian path from the station to 394, across the 394 bridge, and north along Penn Ave to the commercial node at Penn and Cedar Lake Road. b. Add additional sidewalks along Wayzata Blvd from I-394 pedestrian bridge west to sidewalk connections at Thomas Ave. c. Improve pedestrian environment on Penn Ave Bridge (I-394) including wider sidewalks, etc. d. Light and sign existing trail to Kenwood Parkway.
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9. West Lake Station a. Provide high quality vertical circulation and improved pedestrian environment on the West Lake Street Bridge, including enclosed stairs, ADA accessibility, widened sidewalks, railing, and lights. Design with iconic architecture and signage. b. Realign Abbott Ave and Chowen Ave to accommodate development on the HCRRA property as shown the Transitional Station Area Action Plan (TSAAP) and build Mid- Town Station ready. c. Provide sidewalks between station and Excelsior Blvd on both sides of the street. d. Improve pedestrian connections near the station, including but not limited to, sidewalks from trail to Market Plaza, sidewalk on north side of Cedar Lake Ave from France to 28 th
and sidewalk on St. Louis Ave. e. Conduct an areawide traffic study with partner agencies to assess non-motorized needs and opportunities.
10. Other a. Bicycle facilities, to be determined, within three miles of LRT stations to provide the level of access for transit dependent populations who cannot use Park and Ride facilities. b. Lighting and security improvements throughout the corridor in the proximity of station areas. c. High quality aesthetic design, including community engagement, of all fence and railings throughout the corridor with agreements for long term maintenance.
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Attachment B MEMORANDUM OF UNDERSTANDING Preservation of Kenilworth Corridor in Public Ownership and Control
Representatives of the City of Minneapolis (City) requested a commitment from the Metropolitan Council (Council) that the Kenilworth Corridor (Corridor) will perpetually remain in public ownership and control after construction of the Southwest Light Rail Transit Project. The City has stated that some public entity other than itself should own the Corridor and be party to the trackage rights agreement. The Council understands and appreciates that there are substantial benefits to the public and to the City of Minneapolis if the Corridor is publicly owned and if the terms and conditions of current trackage rights agreement between the private railroads and the Hennepin County Regional Rail Authority (Authority) are perpetually preserved. While the Council does not currently own any property in the Corridor, it understands that the Council may be the appropriate entity to eventually own and control the Corridor. The Council has initiated discussions with the Authority and with the Minnesota Department of Transportation to investigate how the Corridor can remain in public hands under the current trackage rights agreement. The Council will examine every reasonable alternative to perpetual public ownership and control of the Corridor and will consider every proposal presented by any other entity, including the City, to accomplish that. The Council shares the Citys goal to preserve public ownership of the Kenilworth Corridor and will work diligently to achieve that end. ____________________________________ Date: _______________________ Susan Haigh, Chair Metropolitan Council
_____________________________________ Date: ________________________ City of Minneapolis
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Attachment C
Metro Transit Equity Initiatives North Minneapolis and beyond
I. Transit Service
North Minneapolis is served by the most frequent bus routes in the region (Routes 5, 19) and is served by multiple connecting routes (7, 14, 22, 32) NEW BROADWAY Route 30 was added March 2014 on a demonstration basis partially funded by a federal grant. Since March 2010 Metro Transit increased weekday service on: Route 5 by 7% (+20 weekday bus trips) Route 19 by 33% (+53 weekday bus trips) Map A shows weekday ridership by bus stop Map B shows number of weekday transit trips serving Minneapolis bus stops Map C shows number of weekday transit trips serving Regional bus stops
Penn Avenue Arterial BRT Penn Avenue as identified in the Councils Transportation Policy Plan is being pursued for development, along with street improvements being considered by Hennepin County. Penn Avenue BRT (C Line) will provide fast, reliable service with enhance station amenities similar to LRT. This route is designed to carry the high volume of riders in along Penn Ave and Hwy 55 to downtown. A strong C Line-SW LRT connection is planned at Royalston Station which optimizes better service along Olson Highway and faster travel for most users trips, and a seamless connection to the METRO rail system within north Minneapolis.
C Line is not a good candidate for connecting with Southwest LRT directly at Penn Avenue Station considering the time penalty that would be required to reroute BRT to Penn Ave Station for a majority downtown destined riders.
Other connecting bus service to Penn Ave LRT station will be considered in the connecting bus route planning phase for Southwest LRT.
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MAP A
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MAP B Page - 11 | August 27, 2014 | METROPOLITAN COUNCIL
Map C
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II. Transit Customer Shelters
Metro Transit owns 880 customer waiting shelters region wide (Map D).
In North Minneapolis, Metro Transit has committed to providing 39 new shelters in North Minneapolis by 2015 24 at stops that are currently without shelters. 16 additional site specific shelters (see Map A) 8 additional non site specific shelters 15 replacement shelters
Up to 30 shelters will also be added in other high boarding locations, including along routes in St. Paul.
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Map D
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III. Southwest LRT plan for connecting service
As was the case leading up to Green Line (Central Corridor) and Blue Line (Hiawatha) implementation, Metro Transit will conduct an extensive transit service planning process once Southwest LRT (Green Line extension) is funded.
Plan goals will include Faster service to new destinations Improved frequency and span of service, particularly in core transit market area Improve connections & reliability o Enhanced connections especially in off-peak o Better neighborhood to neighborhood connections Optimize efficiency of routes & schedules Integrate new facilities & future plans
Anticipating a summer 2019 implementation, the planning work will include 2016 o SW LRT project funding secured o Stakeholder/community coordination o Collaboration with local advocacy o Develop outreach plan o Report on existing conditions of service and route performance o Begin public outreach
2017 o Reviewing opportunities for bus service connections at all stations. Specific consideration of new service connecting north Minneapolis to SW LRT stations at Penn Avenue, Van White Blvd, and Royalston. Coordination with Arterial BRT and other existing transit services o Recommend bus route improvement plan connecting with SW LRT o Extensive community outreach/plan review o Modify plan based on input o Communicate plan to public 2018 o Stakeholder/community coordination and communication o Metropolitan Council Approves Plan o Metro Transit develops final routes and schedules for implementation
2019 o Outreach coordination with stakeholders to communicate service changes o Mid-2019: Implementation o Monitor and review service performance post implementation
Community Outreach The Met Council and Metro Transit have demonstrated a commitment to community-based and community-led engagement practices. The combination of strategies for opening public process with a sincere interest in hearing and including community voice in planning and decision-making is highlighted most recently in Metro Transits Central Corridor (Green Line) Transit Service Study Page - 15 | August 27, 2014 | METROPOLITAN COUNCIL
applying the Trusted Advocate model to make sure that the bus service and LRT meet the transit needs of the communities served.
Similarly, in planning transit service with Southwest LRT, Metro Transit will be engaging local communities all along the alignment to participate in generating interest and comments on the plan development.
The Trusted Advocate model was funded by the District Council Collaborative, and had been tried in Seattle for land use planning, as well as in Oakland. The model uses different approaches than traditional engagement models to allow the public sector to collect information from and build relationships with community members. This pilot project had five goals that guided its work: Increase participation of underrepresented communities in the CCTSS Study. Promote learning by building capacity of underrepresented persons, including learning from available communication tools and information. Generate a transit service plan that serves the needs of those who live on the corridors (with particular attention to underrepresented communities). Strengthen the relationship between Metro Transit and underrepresented community members to create a shared solution that will influence changes in the system for future planning. Bring new model of engagement to the Twin Cities region.
On April 10, 2012, Metro Transit and the DCC accepted the WTS Minnesota Chapter, Rosa Parks Diversity Leadership Award which honors the positive transformation of the transportation industry, which is why it gives me great pleasure to congratulate Jill and Karyssa as recipients of this year's Rosa Parks Diversity Leadership Award. http://dcc-stpaul-mpls.org/sites/dcc-stpaul-mpls.org/files/images/u5/Trusted-Advocate_view.pdf http://www.metrotransit.org/central-transit-study
The Metropolitan Council and Metro Transit will continue to pursue creative approaches to authentic engagement related to planning and work with community-based organizations.
IV. Transit Security
Police officialsthose whose professional ideal is to protect and serve people equally from all backgroundsmust face the challenges and complexities of a diverse society. They should live up to both our modern Community Policing charge to be both reflective of and responsive to the community we serve as well as Peels 7 th principle: To maintain at all times a relationship with the public that gives reality to the historic tradition that the police are the public and that the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen, in the interests of community welfare and existence. Over the last year, and moving forward, Metro Transit Police has acted on numerous initiatives that both support the equity initiative and security for our customers. These include
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Additional diversification of police department reflective and responsive to the community. 50% of most recent officers hired are minority or women.
New inner-city beat team established at 7 th and Nicollet with diverse staff serving new community storefront, and the bus stop with the highest number of riders and a high concentration of diverse riders.
Safe Zone team initiated working from downtown Minneapolis to North Minneapolis with onboard concentration on Routes 5 and 19.
New full-time two-officer foot patrol in North Minneapolis focus along West Broadway.
Establishment of Bike Rapid Response Team (BRRT) patrol serving downtown and north Minneapolis which allow greater engagement and community contact.
Joint Enforcement Team (JET) working with Minneapolis Police, Hennepin County Sheriff and Minneapolis Parks Departments to reduce gun violence in North Minneapolis.
Ongoing engagement with the North side Summer Safety Summit initiative in conjunction with Chief Harteau's office and Sherman Patterson.
Increased police community outreach at 46 events scheduled YTD including o Juneteenth, Cinco de Mayo, Somali Independence Day o Co-sponsor youth events including Zulu District Cub Scout Pinewood derby at Broadway YMCA and proposed bike rodeo North Minneapolis
Participate in the Broadway is Black community study sponsored through City Councilman the Blong Yang.
Joined the Jerry Vick Human Trafficking Task force to reduce and p[resent Human trafficking through education and enforcement. Supported the establishment of, and provided leadership in, Twin Cities Black Police Officer Association and Asian American Police Officer Association.
Down Town Brooklyn
A Report to the Comptroller of the City of New York on Sites for Public Buildings and the Relocation of the Elevated Railroad Tracks now in Lower Fulton Street, Borough of Brooklyn
Toward Mainstreaming and Sustaining Community-Driven Development in Indonesia: Understanding Local Initiatives and the Transition from the National Rural Community Empowerment Program to the Village Law