10-03-94 agendaCITY OF RICHFIELD
MONDAY, OCTOBER 3, 1994
REGULAR CITY COUNCIL STUDY SESSION
7:00 P.M.
COUNCIL CHAMBERS
AGENDA
CALL TO ORDER
I. 7:00-8:00 P.M. PRESENTATION OF WATER PLANT STUDY
STUDY SESSION LETTER NO. 27
II. 8:00-8:15 P.M. PRESENTATION. OF THE K-9 GOOD CITIZEN
PROGRAM BY RON GLAUB
STUDY SESSION LETTER NO. 28
III. 8:15-9:00 P.M. DISCUSSION OF POLICY AND STRATEGY
RECOMMENDATIONS FOR AIRPORT RELATED ISSUES
STUDY SESSION LETTER NO. 29
9:00 P.M. ADJOURNMENT
AUXILIARY AIDS FOR INDIVIDUALS WITH DISABILITIES ARE AVAILABLE
UPON ,REQUEST. REQUESTS MUST BE MADE AT LEAST 96 HOURS IN
ADVANCE TO THE ADMINISTRATIVE SERVICES DIRECTOR AT 861-9702.
CITY OF RICHFIELD, MINNESOTA
Study Session Letter No. 29
Agenda October 3, 1994
Issue Statement:
Policy and strategy recommendations for airport related issues.
Background:
Recent developments regarding airport issues include the
following:
s New Ford Town and Rich Acres Acquisition
Phase I is nearly completed. 144 properties were included in the
first phase. Of those properties, 137 acquisition closings have
been finalized and 1 is scheduled. Three offers have yet to be
accepted by residents. They have 60 days to consider the offer
before accepting or rejecting it. Three offers have yet to be
made. To date, 22 residents have relocated within Richfield.
The Metropolitan Airports Commission is still waiting to hear
what level of funding will be provided from the Congressional
Airport Improvements Project for the second half of Fiscal Year
1994. September 30 is the end of the Fiscal Year and all grants
must be accepted before that date. Anticipating that the FAA
might wait until the eleventh hour to allocate grants, MAC-
authorized their staff to accept and sign for any amount of
funding. Additional funds may be available from airports
forfeiting prior grant money. Airports may hold grants for three
years. After that time, the funds must be returned for
reallocation. MAC may benefit from other airports losses.
City and MAC staff are continuing to' work on logistics and
specifications for removing houses in the neighborhoods. MAC
would like to "stockpile" underground those various materials
left following the. demolition or moving of a house. Richfield
has long required that all debris, footings, etc. be removed
before refilling the vacant property. This issue is extremely
important because house movers have begun removing houses from
the neighborhoods. Movers are required to get a permit from the
City of Richfield which specifies requirements for material
removal and refill, as well as date, time and intended path of
the move. MAC is planning another auction, to be held October
13, and potential buyers need to know in advance what is
expected.
4-22 Extension
FAA and the Minnesota D~
release their Record of
Impact Statement (FEIS)
does not expect the ROD
the Commission will not
November.
apartment of Transportation have yet to
Decision (ROD) on the Final Environmental
for the proposed extension. MAC staff
until the end of October, meaning that
act on the proposed extension until
On a 4-3 vote, the Bloomington City Council authorized their
staff to join the City of Richfield in pursuing litigation
opposing the extension. However no funds were authorized for
this purpose. Bloomington charter requires five votes to
authorize expenditures. Richfield attorneys Steven F. Pflaum and
Mercedes A. Laing of McDermott, Will & Emery have revised their
initial cost projection to include."Client Communications," as a
result of Bloomington's action. The attached memo outlines those
cost revisions, as well as an outline for monthly status reports
regarding the progress and cost of litigation.
• MSP Long-Term Comprehensive Plan
MAC released the Draft Alternative Environmental Document (AED)
for the Long-Term Comprehensive Plan (LTCP) at Minneapolis-St.
Paul International Airport (MSP) on September 26, 1994. This is
another step in the Dual Track Planning Process mandated by the
State Legislature. The AED presents the social, economic and
environmental impacts that differ between the four alternatives
selected in the scoping process for the LTCP at MSP. The
preferred alternative (Alternative 6) would construct a north-
south runway and build a new terminal on the west side of the
airport. Roadway access for the west terminal would be at
Crosstown Highway 62 and 28th Avenue in Minneapolis, and at T.H.
77 and 66th Street in Richfield.
Richfield staff and consultants will be preparing comments on the
AED to be presented at the public hearing on Wednesday, October
26, 1994. Those comments will become part of the administrative
record. The hearing will be held at Washburn .High School in
Minneapolis.
• Part 150 Sound Insulation Program
The timeframe for the 1994 phase of the Part 150 Program has been
adjusted as a result of reduced federal funding for Part 150
projects. The adjusted scope does not represent a reduction of
houses participating in the program. The 1994 phase was a 13-
month program that included January 1995, with 60 homes scheduled
each month. The adjusted schedule is for the calendar year 1994.
Houses scheduled for January 1995 will remain as such, but will
be included in the 1995 program budget.
The Part 150 Policy Advisory Committee, which has a Richfield
representative, voted to continue funding as scheduled so that
the program will be completed in 2002. MAC, for its part, has
committed to find funding sources to maintain the program in the
face of continued congressional cutbacks.
• Metropolitan Aircraft Sound Abatement Council (MASAC)
MASAC and MAC have a special joint meeting scheduled for Tuesday,
October 4, 1994, at 7:00 p.m. in the MASAC Room of the MAC
General Offices, 6040 28th Avenue South. The Airport Noise and
Operations Monitoring System (ANOMS), MASAC Technical Advisor's
Report and other topics of mutual interest will be discussed.
MASAC has also planned a bus tour prior to the regular meeting on
October 25, 1994. The bus will load in front of the MAC General
Offices at 5:45 p.m. MASAC Technical Advisor John Foggia will be
the speaker and tour guide.
Recommended Motion:
Discuss current airport policy issues.
Basis for Recommendation:
It is important for the Council to provide direction to staff on
airport policy.
Alternative Motion:
Defer discussion to another date.
Discusssion/Decision Mode:
This matter will be discussed at the Study Session of October 3,
1994.
Respec f lly submitted,
Jame Prosser
City anager
JDP:ds
Pr'vile ed and Confidential
McDermott, Will & Emery
M E M O R A N D U M
TO: James D. Prosser DATE: September 25, 1994
FROM: Steven F. Pflaum and
Mercedes A. Laing
3tE: status Report Re~gardi.ng Potential Litigation
Concerni Extension of Ftu a 4-22
S . INTRODVeT~~i
This is the first monthly status report regarding the
recently authorized lawsuit voncerning the extension of
Runway 4-22. There is little litigation-related activity to
report at the present time. As you know, MAC has informed us
that the Record of Decision (ROD), the final step in the
preparation of the EIS under both Minnesota and federal law, is
riot expected to be issued until late October at the earliest.
{An ROD should not be issued until the preparers of an ETS have
addressed all comments regarding that document. Consequently,
the delay in the issuanoe of the ROD for the Runway 4-22 project
is probably a reflection of difficulties that the FAA and MnDOT
have encountered in responding to our comments an the Final Ezs.)
B~.rring any eleventh-hour settlement, we will file suit
against MnDOT within 30 days of its issuanoe of the ROD. It is
possible tY~at MAC will not have formally approved the project by
the expiration of that 3D~day period. If so, we will probably
amend our complaint to add the Minnesota Environmental Rights Act
claims against .MAC after MAC has taken action.
II. GETARY ANALYSIS
Our monthly status reports will provide bath a
narrat~.ve description of the current state of the litigation and
a quantitative assessment that compares the amount of McDermott,
Will & Emery (MW&E) fees and costs that have been incurred with
respect to each of the categories of tasks outlined in cur
memorandum dated September 6, 2994, against the total amount of
estimated fees and costs for those categories. Ari estimate of
Memo to James D. Prosser
September 26, 1994
Page 2
the percentage of the work that has been performed for each
category of work will also be provided. Due to the addition of
the City of Bloomington as a co--plaintiff in the litigation, we
have added a new category of work entitled "Client
Communications."
The st$tus reports will normally be provided around the
12th of each month. The quantitative analysis will cover work
performed through the end of the preceding month.
At the present time, no work has been performed with
respect to any of the identified categories. However, the
following tables il.lustrata the format that we will employ in
future reports.
COM T6ON O ACTUAL VERSUS ESTIMATED
EI~FENSE pF ANTICIPATED TASRS
prepare Cantpiaint
Estimated ~ Actual MW&E Fees
Complete & Costs to Date
0~ 0
Motion far Preliminary Ia~unct3on
tAssumes two briefs aad oral $rgume~tt}
Estimated ~ Actual MW&E Fees
Com ete & Casts to Date
0~ p
Esti~¢tated MW&E Fees
& Costs
$1~., 225.00
Estimated MW&E Fees
& Costs
$40,050.00
C3ient Communicat`ons
(Assumes No AppBaraaces Before City Councils}
Estimated ~ Actual MW&E Fees Estimated MW&E Fees
Complete & costs to Date & costs
0~ Q $15,000.00
Memo to James D. Prosser
September 26, 1994
Page 3
D18cov6;r'S~ A4tivities
{Assymes four deposstioas in Minneapolis, prep~tratiaa of
iaterrogatpries at~d document requests, and preparation of
responses to discovery requests)
Estimated ~ Actual MW&E Fees Estimated MW&E Fees
Complete & Cost to Date & Costs
¢~ 0 $46,400.00
Pre-Trial Motions
Estimated ~ Actual MW&E Fees Estimated MW&E Fees
Ccsmpl.ete & Costs. to Date & Casts
0~ 0
$27,675.00
~' 'al Pre arat'oa
{Including Trial 8ra.af)
Estimated ~ Actual MW&E Fees Estimated MW&E Fees
.C~mplete & Costs to bate & Costs
0$ 0 $53,975.00
Trial
(Assumes Three-Day Trial)
Estimated ~ Actual MW&E Fees Estimated MW&E Fe$s
~amnlete & Casts to Date & __C__QSts
0~ 0 $42,100.00
Estimated $ Aotua3 MW&E Fees Estizated MW&E Fees
Cam ete & Costs to Date & Costs
0~ 0 $36,500.00
Memo tc~ James D . Prosser
September 25, 2994
Page 4
SIIMMARY OF CCMPARISION CF
ACTIIAL aERSIIB ESTIMATED LITIGATION EXPENSES
Estimated ~
Complete
4~
III. CONCLUSION
Actual MW&E Fees
~ Costs to Date
0
Estimated MW&E Fees
& costs
$272,925.00
Please let us know if you or the city Council have any
questions ar need any additional information.
Respectfully submitted,
BY
\31BQ5\070~MEM~50MEMSFP.D13
MCDERMOTT, WILL & EMERY
~"="~~~~''~~ ~EP ~ 6 ~99~
MASAC MEETING
OCTOBER 25, 1994
5:45 p.m.
A Bus Tour has been planned for the regularly scheduled October MASAC
meeting. Please make note of the following information:
Bus Loading Begins at 5:45 p.m.
Front Door -MAC General Office
6040 28th Avenue South
Minneapolis
The MAC Airside Operations Department will act as escorts for this tour.
The articulated bus is being provided by the Metropolitan Council Transit
Organization. The MASAC Technical Advisor, John Foggia will be your.
speaker and tour guide.
Please contact the MASAC Secretary, Jean Deighton. [726-8141] if you have
any questions.
CITY OF RICHFIELD, MINNESOTA
Study Session Letter No. 28
Agenda October 3, 1994
Issue Statement:
At a recent City Council meeting, Mr. Ron Glaub indicated he
would like to make a presentation of the K-9 Good Citizen
Program at a Council Study Session.
Background:
The Council has periodically asked for information on
residential kennel licenses. On August 12, 1994 at the.
Council's request, a memorandum was prepared outlining the
procedures used in processing residential kennel licenses.
Subsequent to this memorandum, Mr. Glaub appeared at a
Council meeting and requested that he be allowed to make a
presentation on the Canine Good Citizen Program. In
addition, he is suggesting that persons who participate in
this program be granted a discount on their dog license.
Staff surveyed some cities to see if they used a program
like this. Staff has not located one. However, Mr. Glaub,
who was not contacted, indicates. there are cities currently
utilizing this program. The Council has requested that Mr.
Glaub be given the opportunity to present the program at a
Study Session.
Mr. Glaub was contacted on September 27, 1994, and he
indicated he would be available for this Study Session.
Recommended Motion:
Accept the presentation from Mr. Glaub. No action is
necessary other than direction to staff.
Alternative Recommendation:
1. Do not accept the presentation.
2. Defer the presentation to another meeting.
Discussion/Decision Mode:
No action necessary other than direction to staff.
R sp u ly submitted,
\~
Ja a D. Prosser
Cit 'Manager
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CITY OF RICHFIELD, MINNESOTA
Study Session Letter No. 27
Study Session October 3, 1994
Issue Statement:
Review the results of the Water Plant study.
Background°
In response to lingering concerns about water taste and odors,
the City hired Serco Laboratories to perform specialized taste
and odor tests to assist in diagnosing problems and help in
making further adjustments to the water treatment. Gerald Allen,
P.E. principal with Serco Laboratories, led the investigation.
The study included the following work plan:
i
• Complete the review of available data and information.
• Evaluate user concerns to determine if a clear pattern exists
related to location and type of concern.
• Meet with selected users.
• Collect water system data and samples at several selected
locations to establish the water quality in the water system
and at the point of use (residences and commercial firms).
• Communicate with representatives of the consulting engineering
firm and equipment suppliers.
• Study the water treatment process at the City's Water Plant
and, working with the City's staff, evaluate adjustments in
the process (use of different chemicals and different chemical
dosages) that will enable the staff to meet their water
quality goals consistently.
• Work with the Utility Superintendent and the Water Plant staff
to identify an operating procedure that will provide an
abundant water supply of a consistent quality at all times.
A report on the findings of this study is now complete. The
results will be discussed at the October 3, 1994 Council Study
Session.
Recommended Motion:
There is no action needed at this time.
Basis of Recommendation:
1. The Council was aware a study was being conducted and that
results were anticipated to be available about mid-September.
2. The results are available and will be presented to the
Council as promised.
Alternative Recommendation:
None.
Discussion/Decision Mode:
This item is scheduled for the October 3, 1994 Council Study
Session. City staff members and Mr. Allen of Serco Laboratories
will be available to discuss this item.
Resp c ully submitted,
Jam D. Prosser
Cit anager
JDP:ds