11-2-98 agenda•
CITY OF RICHFIELD
MONDAY, NOVEMBER 2, 1998
SPECIAL CITY COUNCIL MEETING
CLOSED EXECUTIVE SESSION
7:00 A.M.
COUNCIL CHAMBERS
RICHFIELD CITY HALL
6700 PORTLAND AVENUE
THE MEETING IS CLOSED TO THE PUBLIC
AGENDA
C7
CALL TO ORDER
ROLL CALL
1. DISCUSSION OF POTENTIAL LITIGATION REGARDING AIRPORT MATTERS
WITH CITY LEGAL COUNSEL
COUNCIL LETTER NO. 277
ADJOURNMENT
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• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 277
Agenda November 2, 1998
Issue Statement:
Discussion of potential litigation regarding airport matters with City legal counsel.
Background:
The City of Richfield has provided a written response to the Metropolitan Airports
Commission (MAC) and-Environmental Quality Board (EQB) stating that the City
Council unanimously opposed approval of a proposed agreement with the MAC
regarding issues pertaining to Runway 17/35. In response to that communication, the
City has received a letter dated October 29, 1998 from John Himle of MAC. In that
letter, he states that MAC would be unwilling to proceed with further negotiations with
the City using a certified mediator regarding settlement of the North-South Runway
issues. Further, the letter states that the City has until noon on Monday, November 2 to
either sign the agreement as currently presented or all considerations offered by MAC
in the agreement would be withdrawn from the table.
If the City is unable to achieve a settlement through negotiations with the MAC or the
MAC is unwilling to proceed with negotiations under the auspices of a certified
mediator, the City may be forced into a position of considering litigation as an option
regarding this matter.
The discussion with City legal counsel is to brief City Council Members on the
implications and potential consequences of litigation.
Recommended Motion:
Discuss the implications and potential consequences of litigation concerning the
construction of Runway 17/35.
Basis of Recommendation:
1. A letter has been received from John Himle of the MAC stating that if the City does
not sign the agreement by noon on November 2, 1998, any concessions the MAC
proposed would be removed from consideration.
2. The letter apparently states that the MAC is unwilling to conduct further
negotiations with the City using a certified mediator.
3. If negotiation options are not available to the City, the potential for litigation exists.
The Council should carefully consider the potential consequences of litigation
regarding this matter as well as other courses of action in lieu of litigation.
4. The City will have Chuck Dayton of Leonard, Street & Deinard available to discuss
these litigation issues with the City Council.
5. The consideration of this matter early in the morning of November 2 will give the
City ample opportunity to present a response to Mr. Himle's letter in advance of the
noon deadline.
Alternative Recommendation:
1. The City Council could decide not to discuss litigation regarding this matter and
ignore any deadlines imposed by the MAC or Commissioner Himle concerning
settlement at this time.
2. The City Council could schedule this for a future meeting.
Discussion/Decision Mode:
The Mayor and at least two City Council Members have requested a special closed
executive session of the City Council. The purpose of this special meeting is to discuss
the implications of litigation regarding the North-South Runway issue if the City is
unable to achieve a negotiated settlement with the MAC.
4 R ec ully submitt d,
Dev
Acting City Manager
SLD:cak
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