MN Court of Appeals sides with city on Summit Avenue bike trail review

Frederick Melo, Pioneer Press
Updated ·3 min read
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The proposed off-street bicycle trail along Summit Avenue does not require a formal environmental review, according to a panel of three Minnesota Court of Appeals judges.

Monday’s ruling favored the city of St. Paul, which concluded it does not yet need to complete the Environmental Assessment Worksheet that project opponents had demanded.

Still lacking in funding and a specific design, the five-mile trail is more of a concept than a formal “project,” and would not yet trigger the need for an environmental review, according to the eight-page judicial opinion.

Opponents, many of whom are homeowners living along Summit, banded together under the banner Save Our Street, calling for a thorough environmental review that would consider impacts on trees in the sidewalk boulevard, as well as parking and other considerations. Officials with St. Paul Public Works, Parks and Recreation and Planning and Economic Development had noted that the off-street trail could take several forms, with varied widths in different sections, and it was too soon to review an unfunded project with no final design in place.

The judges agreed.

“The lack of a funding source for the project makes it quite uncertain that the plan will be undertaken. … (The trail) does not have a final plan, no plan is on the construction calendar, and the city has yet to approve the plan,” Judge Randall Slieter wrote. “As the city notes, the plan is incomplete because there are still three potential options for the trail’s width. … This is not a minor detail because the width would clearly impact the very issue SOS raises — how the (trail) could disrupt the tree canopy and cause environmental harm.”

Also: The Minnesota Court of Appeals demands new environmental review of St. Thomas arena

The City Council voted 6-1 in March 2023 to support general planning for the Summit Avenue bike trail, under the premise it would offer better bike and pedestrian connections between downtown St. Paul and the Mississippi River corridor along the river parkway.

Officials at the time said the bikeway could add $12 million to the estimated $100 million cost of road reconstruction, which likely would roll out in phases over 10 to 15 years.

Public Works estimated that of the 1,561 trees corridor-wide, 132 trees in the draft plan would be considered “high vulnerability” because of their condition or location. In two construction segments, the bike trail could move the curb lines 1.5 feet on each side. That increases the potential tree removal from 8% up to 14% of the corridor, for a total removal of 221 high vulnerability trees, according to the city.

Save Our Street hired an arborist who predicted as many as 950 trees would be impacted.

Gary Todd, one of the plaintiffs against the city alongside Historic Summit Avenue, said the court limited its opinion to a procedural question — whether the proposed trail is technically a “project” at this moment in time — but the city will still likely be required to address the merits of the SOS arguments if and when the project is funded.

“The court rejected the city’s position that the project does not require a formal environmental review … (ruling) only that now is not the time to conduct that review,” said Todd, in an email. “The critical environmental concerns raised by the SOS petition will still need to be addressed before the trail can be constructed.”

A spokesperson for the mayor’s office said Monday the city had just received the Court of Appeals decision and they would review the opinion to determine next steps.

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