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So what's the deal with the new "HOV" lanes on
the Excess Project and on the Crosstown, and how can MnDOT
seem to be doing the same project that was soundly defeated
by citizen opposition 10 years ago?
They SEEM to be doing the same project because they ARE doing
the same project, only that this time they are breaking it
into smaller, separate parts in order to pretend that it's
a different project, and to get it done in a way that is less
likely mobilize citizen opposition because the true combined
cost (environmental and financial) of these "segments"
is more difficult to establish.
Trouble is, this practice, known as segmentation, is illegal.
Under federal environmental law MnDOT cannot take a major
freeway expansion project and incrementalize it, even though
as a strategy that may be appealing to them because it's harder
to mobilize the public against the project when the true cost
and scope isn't apparent.
MnDOT's major expansion of 35W from downtown to Burnsville
was stopped in the early 1990's due to mounting opposition;
the public meeting in Richfield was attended by thousands
of citizens outraged by the lack of foresight, expansion of
right of way, and demolition of hundreds of properties.
What they are doing now is still pursuing their original
expansion plan, but doing it in increments to avoid the massive
public outcry that would happen otherwise.
The Excess Project at Lake Street is one increment (it includes
$40 million
worth of bridge and ramp reconstruction to accommodate
additional lanes), the Crosstown project is another increment,
the I-35W/I-94 interchange will be another increment, and
the lanes that they added south of I-494 on 35W are another
increment.
Incidentally, MnDOT avoided an Environmental Impact Study
when they added the lanes south of 494 by calling them "temporary
lanes". Have you ever heard of a temporary freeway lane?
This strategy is understood by the county as well - one of
the county engineers involved in both the Excess Project and
on the Lake Street Repaving project, Jim Grube, referred to
it as a "layered sandwich of projects" about a year
ago.
Unfortunately, the public cannot count on MnDOT and their
employees to be honest brokers in dealing with transportation.
Neither can they count on Smith Parker, the corporate
attorneys and facilitators put in charge of the Excess
Project AND the Lake Street Repaving (without bid or public
process by Hennepin County Commissioner Peter McLaughlin).
Smith Parker has worked hand-in-hand with MnDOT to deceptively
move the lane expasion on the Excess Project in exchange
for promises of State funding for the project (the DOT's share
is supposed to total about $98 million).
It is interesting to note that the "settlement"
(which has so far been ignored) that the city of Minneapolis
agreed to when the 35W expansion was stopped specifically
directed the development of dedicated mass transit for the
35W corridor instead of the addition of new lanes.
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