Minneapolis receives $700K over defective 35W bridge memorial

The architect and some contractors involved in building a riverside memorial to Interstate 35W bridge collapse victims have agreed to pay the city of Minneapolis $700,000 to settle claims of design and construction defects.

The city's lawsuit, filed in August 2015, had been scheduled to go to trial in Hennepin County District Court this week, but a settlement was reached this fall and then ratified by city leaders in November. A copy of the settlement was released Friday. The payment has yet to arrive, City Attorney Susan Segal said in an interview.

The lawsuit involved the $1 million 35W Bridge Remembrance Garden in a park overlooking the Mississippi River, not far from where the highway bridge collapsed during rush hour in 2007. Thirteen people died and 145 were injured in the tragedy that put a focus on aging infrastructure in Minnesota and nationally.

"We believe it is a good settlement that will allow the repairs to be made that need to be made and to maintain this memorial as an important site for our state's history," Segal said.

"This memorial is in memory of 13 people who lost their lives, a bridge that fell down that should not have fallen down, many others who were injured and first responders who risked their own personal safety to rescue people" she added. "So it is important that this memorial is maintained."

There have been problems since it was finished in 2011. A wall inscribed with the names of survivors was supposed to have a sheet of water cascading down, but it didn't work properly. According to court documents there was also erosion behind the monument — which features 13 steel beams to honor each person killed — that posed a public safety risk on the bluff behind it.

Under the settlement, lead defendant Oslund and Associates and three contractors — Pierce Pini and Associates, Fountain Guys LLC and Village Green Lawn Maintenance and Landscaping Inc. — don't admit fault. There had been various lawsuits and counter-claims among the companies.

The agreement stressed that the defendants expressly deny liability and "said parties intending by this settlement merely to avoid litigation and buy their peace."

An attorney for Oslund and Associates declined to comment before consulting his clients.

The settlement doesn't identify which companies will be responsible for parts of the $700,000 payment to the city. The agreement was reached during mediation and then brought before the city council in a closed session, which is typical when litigation is involved.

Mayor Betsy Hodges had six days after the council action to cancel the settlement, but let it proceed. The case was considered closed on Nov. 14.

Segal said the repairs were awaiting the outcome of the case and probably won't commence until spring. She said the Minneapolis park board is developing a plan.