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12-7-92 agendaCITY OF RICHFIELD MONDAY, DECEMBER. 7, 1992 **~t***~t**~~**********~********~t********~t*******************~t**** SPECIAL CITY COUNCIL MEETING 6:45 P.M. COUNCIL CHAMBERS AGENDA CALL TO ORDER 1. CONSIDERATION OF APPROVAL OF PETITION TO BOARD OF WATER AND SOIL RESOURCES FOR REMOVAL OF AREA TRIBUTARY TO WOOD LAKE FROM MINNEHAHA CREEK WATERSHED DISTRICT AND NINE MILE CREEK WATERSHED DISTRICT AND ATTACHING AREA TO RICHFIELD BLOOMINGTON WATER MANAGEMENT ORGANIZATION COUNCIL LETTER N0. 270 ADJOURNMENT ***,~,t,t*******~*~******~t****~*******~***************~~t*********** CITY COUNCIL STUDY SESSION 7:00 P.M. COUNCIL CHAMBERS AGENDA CALL TO ORDER I. 7:00-8:00 P.M. DISCUSSION WITH JAMES DENN, COMMISSIONER FOR MINNESOTA DEPARTMENT OF TRANSPORTATION, REGARDING TRAFFIC CORRIDOR STUDIES CURRENTLY UNDERWAY, WITH SPECIAL CONSIDERATION GIVEN TO 135W TRAFFIC CORRIDOR STUDY SESSION LETTER N0. 39 II. 8:00-8:15 P.M. DISCUSSION REGARDING REQUEST TO PARK TRAVEL TRAILER (RV) ON CITY RIGHT-OF-WAY STUDY SESSION LETTER N0. 40 III. 8:15-8:45 P.M. POLICY AND STRATEGY RECOMMENDATIONS FOR AIRPORT RELATED ISSUES STUDY SESSION LETTER N0. 41 IV. 8:45-9:30 P.M. REVIEW OF 1992 REVISED/1993 PROPOSED BUDGET STUDY SESSION LETTER N0. 42 9:30 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. 42 Agenda December 7, 1992 Issue Statement: Review of the 1992 Revised/1993 Proposed Budget.. Background: The Truth-in-Taxation Hearing for the 1992 Revised/1993 Proposed City Budget is scheduled for December 9, 1992 at 7:00 p.m. In order to respond to questions Council Members may have prior to that time, the matter will be presented for discussion and review at the Study Session. The budget has previously been presented to the Council at a Study Session on October 5. In addition, Council Members have provided questions to staff subsequent to the presentation. A budget presentation by City staff is not planned. Council Members will be encouraged to provide questions for discussion. The Council has directed staff to request comments from the public regarding the budget. A notice was published in the October 1992 Your City and Schools (attached). Three comments were received; a summary of those comments is attached. Recommended Motion: Discuss the 1992 Revised/1993 Proposed Budget at the Study Session. Basis for Recommendation: 1. It would be helpful to address any issues prior to the public hearing in order to provide ample opportunity for the public discussion on the budget. 2. Council Members-Elect may have questions on issues. It would be helpful to address these issues during budget discussions. 3. Staff has responded to questions and issues raised by Council Members subsequent to the budget presentations at the September 14 City Council meeting and the October 5 Study Session, however there may be additional questions. Alternative Recommendation: None. Discussion/Decision Mode: This matter will be presented during the Study Session on December 7, 1992. Respec ully submitted, J D. Prosser C't Manager JDP:ds Attachments City Couna~ S~eelcs Bud e~t Su estions ~ ~~ nce again, the City approaches its annual budget process with the potential for Oreduced or uncertain revenues from the State of Minnesota. For 1992, the City has been warned that some reductions will be likely forthcoming in December when the City receives its final half installment of Local Government Aids (LGA). The amount of any reductions would be based upon the State's. revenue collections.. These potential reductions along with an uncertain 1993 revenue picture have prompted City officials to take another close look at potential service reductions. To that end, the City Council is seeking input from citizens regarding suggestions for future service reduc- tions or cost saving measures. If you wish to provide input into this process, please com- plete the following form and return to: City of Richfield Office of the City Manager 6700 Portland avenue Richfield, MN 55423 i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ One service the City could do without is: My suggestion for saving the City money would be: RESIDENT BUDGET REDUCTION SUGGESTIONS There were three Richfield residents who submitted budget reduction. suggestions to the City after the request form was published in the October 1992 issue of Your City & Schools. ONE SERVICE THE CITY COULD DO WITHOUT IS: • The City should use fewer heavy trucks for garbage and recycling pick-up. This would reduce the wear and tear on the alleys and streets. • A resident. who has lived in the Richfield since 1.955 suggested that the City does not need a Mayor or City Manager. Also, the City should reduce the number of street employees by one-third. • No Cuts. MY SUGGESTION FOR SAVING THE CITY MONEY WOULD BE: • Seek additional revenues. • Reduce the number of elected officials and make the truck drivers more accountable for their work. • The City needs to fix the cracks in the alley concrete near 72nd Street and Pleasant Avenue before the entire alley surface needs to be replaced. Also, the City shouldn't charge residents for alley sweeping because it is rarely done in the area.. City of Richfield, Minnesota Study Session Letter No. 41 Agenda, December 7, 1992 Issue Statement:- Policy and strategy recommendations for airport related issues. Background• Recent developments regarding the airport include the following: • New Ford Town/Rich Acres Acquisition The MAC is completing the pre-application documentation and. environmental assessment (EA) that will be submitted to the FAA for funding the New Ford Town and Rich Acres home buyout. The MAC is scheduled to complete the EA documentation and publish it for public review on December 4, 1992. A public hearing date to review the findings of the EA is scheduled on January 5, 1993 at 7:00 p.m. in the Richfield Senior High School auditorium. The majority of the residents in the two neighborhoods support the buyout of the area. A petition was submitted to the MAC on November 20, 1992, signed by about .200 New Ford Town and Rich Acres residents and property owners, stating that they support the buyout of their properties for noise abatement purposes. The petition was taken by the New Ford Town-Rich Acres Advisory Committee. There is a another group, Citizens for Preservation of New Ford Town Residential Area, which opposes the buyout of the two neighborhoods. The group recently submitted a petition, signed by 40 New Ford Town residents, to the MAC and FAA, which stated they oppose the buyout and they want to stay in their homes.. • FAA Part 150 Program The MAC is implementing the FAA Part 150 Sound Insulation Program in cities adjacent to MSP in an effort to reduce the effects of airport noise on area residents. The program involves modifying homes to reduce the amount of noise entering from the outside. Funding for the Part 150 Program is being provided by the FAA (80 percent) and the MAC (20 percent). The program began in 1992 and is expected to continue for several more years. There are five communities surrounding MSP that are affected by noise which are included in the Part 150 Program: Richfield, Minneapolis, Bloomington, Eagan, and Mendota Heights. Richfield was designated as having 200 of the eligible homes and thus will receive 20$ of the funding each year. Listed below is a proposed schedule indicating the number of Richfield homes that will be insulated based on this percentage formula: 1992 28 homes (140. total) __ 1993 33 homes (135 total) 1994 106 homes (540 total) 1995 136 homes (690 total) The soundproofing projects for the 28 eligible homes in Richfield, as well as those in the other communities, have been delayed due to contractors' bids coming in far over budget. In response, the MAC made some changes in the project including the bidding process, construction, finishing treatments and home design modifications. The MAC also changed the contracting procedures. The process has been personalized allowing the homeowners to choose the contractors they want to bid on their homes. This "house by house" method involves the MAC generating a list of contractors which eligible homeowners will review and then select three. to bid on their home. The lowest bidder will be awarded the contract. The "house by house" method will speed up the process by sending out all the bid packages concurrently, thus allowing more homes to be insulated in a shorter period of time. The revised 1992 construction schedule follows: November 17, 1992 December 21, 1992 January 11, 1993 July 16, 1993 Open Bids Award Contract Start Construction End Construction • Draft EIS for Proposed Extension of Runway 4-22 On July 1, 1992, the City submitted comments on the Draft Environmental Impact Study (EIS) of Runway 4-22 that was prepared by the Minnesota Department of Transportation (MnDOT). The MAC proposes to lengthen Runway 4-22 at MSP by more than half a mile to the southwest toward the intersection of I-494 and Highway 77. The purpose of the EIS, jointly prepared by the FAA and MnDOT, is to identify the possible environmental impacts of such a large construction project. Before the MAC can continue with the project, the FAA must approve the EIS. The City's comments stated opposition to virtually every section of the Draft EIS -- from the statement of purpose and need, to the project description, to the analysis of impacts and alternatives. In conclusion, the City believes that the MAC must revise the Draft EIS to address the deficiencies outlined and then re-circulate it for public comment. The FAA and MnDOT are currently reviewing the Draft EIS and public comments. The following FAA findings have had significant impact on completing the Draft EIS: 1) The FAA Flight Standards Office has indicated concerns with the landing threshold location or Runway 4 as identified in the EIS. 2) The FAA Air Traffic Control Tower said the flight tracks identified in the EIS are not workable and that an alternative is required. MAC officials stated recently that the Draft EIS will need to be revised to meet FAA flight standards. The MAC will also need to update many of its original analyses including forecasts, runway noise abatement, project justification and noise analysis. Because of these revisions, the EIS process may be delayed six months or more in order to bring the proposal into compliance with FAA guidelines. • MAC 1993-1999 Capital Improvement Plan The City submitted comments to the MAC on the environmental effects of projects in MAC's seven-year Capital Improvement Plan (1993-1999) for MSP. The City's comments focused on two major issues: the Runway 4-22 extension project and the. small percentage of projects dedicated to reducing the noise impacts of the airport on residential areas. Attached is a copy of the City's letter submitted to the MAC on November 25, 1992. • MSP Symposia Don Groen, President and Chief Operating Officer of the Bloomington Chamber of Commerce, has scheduled meetings in December with the heads of the. Greater Minneapolis Chamber of Commerce, Twin West Chamber of Commerce and the St. Paul Chamber of Commerce. The purpose of these meetings in to discuss the proposed plans for the MSP Symposia and to obtain financial support for the concept from the organizations. In January 1993, Mr. Groen will present the concept to the Board of Directors at the Bloomington Chamber of Commerce to determine their financial commitment to the project. Mr. Groen will provide an update in January to the cities of Richfield and Bloomington regarding the financial support the Twin Cities chambers of commerce will give to support the symposia. • MAC Public Hearing on Various Options at MSP for Noise Abatement The MAC held a public hearing on November 30 to receive comments concerning various options available to the Commission for assuring additional aircraft noise abatement actions are taken by .the airlines serving MSP airport through December 1999. The MAC is considering whether to take additional local actions to reduce operations of noisier Stage 2 aircraft or allow the Federal law mandating a phased transition to Stage 3 operations to take effect over time at MSP. Specifically, these actions include: - Enact an ordinance to implement the Noise Budget Ordinance that was not adopted in 1987 in favor of voluntary compliance. - Negotiate prospective, comprehensive voluntary agreements with NWA and all passenger airlines serving MSP to increase the achievable level of noise reduction MAC can obtain by the end of 1999. - Prepare to enact a new ordinance that would allow MAC~to enforce each carrier's new negotiated agreements through 1999 and would mandate involuntary compliance by those airlines choosing not to negotiate. The MAC also asked for additional suggestions from the public of possible noise abatement actions. The City provided the attached comments at the public hearing on November 30. Richfield's position strongly supports implemention of a mandatory noise ordinance at MSP that would provide more effective noise relief for communities near the airport. The City recommended a number of factors that should be considered while preparing the noise ordinance. While the FAA has previously disapproved mandatory ordinances at airports .because of their possible infringement on commerce, Richfield believes that these issues, though complex, can be worked out through the best efforts of the MAC staff, cities and airline representatives. Also, Northwest Airlines, as well all other airlines, must include community impacts in their overall business plans. • Noise Mitigation Funding Legislation During the 1992 Legislative session, a bill was passed requiring the MAC to dedicate nearly $30 million over the next four years from Passenger Facility Charges (PFC's) for noise mitigation projects .around the airport. The MAC's interpretation of the bill is that MAC must spend an equivalent of the target PFC revenues from any source. The legislative intent of the bill was to require the MAC to spend certain increasing percentage minimums of its annual capital improvement budget for noise mitigation in communities surrounding the airport in addition to Part 150 funds. It was Richfield's understanding that the PFC funds be dedicated to supplement the FAA Part 150 noise compatibility program which could be used for acquisition and soundproofing of homes and schools where there is a demonstrated need. The additional money now available through this bill wil•1 allow more homes and schools to be serviced in a shorter period of time. • FAA Capacity Task Force Study The FAA is conducting an Airport Capacity Design Team Study for MSP. The study began in July 1992 and is expected to be completed sometime before the end of 1993. The MAC requested the FAA study last February on the advice of the State Advisory Council on Metropolitan Airport Planning. The State Advisory Council, created by the Minnesota Legislature to gather information and make recommendations on the Dual-Track Airport Planning Process, requested that the MAC seriously cooperate with the FAA to provide an independent, objective analysis of future MSP capacity as required by the dual-track airport legislation. The FAA has conducted, or is in the process of conducting, similar studies of all the major airports in the United States. The purpose of the study is to identify potential projects to increase the airport's capacity while quantifying the possible benefits of these projects for future operations. It is a technical analysis examining what the existing airport can handle and the types of capacity improvements that could be made. The MSP Capacity Design team is comprised of FAA representatives from air traffic control, flight standards and the Airport. Capacity Office, as well as airport tenants (airlines and military) and representatives from the local and state agencies (MAC, Met Council, MnDOT). The team is chaired by Benito De Leon, FAA Airport Capacity Manager. The study will review the information from the original airport enhancement concepts proposed in the MAC's Long-Term Comprehensive Plan (LTCP) for MSP as well as evaluate additional proposals. The MAC adopted the LTCP in November 1991 to provide a development plan for the year 2010 and a conceptual plan for the year 2020. The LTCP incorporates a new 8,000-foot north- south runway and a new passenger facility terminal on the west side of the airport.. In 1993, the .MAC is scheduled to analyze the socio-economic and aviation assumptions utilized in the original LTCP forecasts and will make necessary revisions. The data and results from the .FAA capacity study will be included in the MAC's LTCP update. Recommended Motion: With this background information, the following recommendations are provided to address these issues: • New Ford Town/Rich Acres Acquisition Staff will continue to inform the Council on the progress of the proposed acquisition of the New Ford Town and Rich Acres neighborhoods. • FAA Part 150 Program Staff will continue to update the Council on the status of the Sound Insulation Program. • Draft EIS for Proposed Extension of Runway 4-22 Staff will continue to update the Council on future developments in the environmental review process for the proposed extension of runway 4-22. • MAC CIP Capital Improvement Plan Staff will inform the Council of the MAC's response to the City's comments. • MSP Symposia Staff will continue to keep the Council informed of the proposed plans for future seminars regarding MSP airport. • MAC Public Hearing on Various Options at MSP for Noise Abatement Staff will inform the Council of the MAC's decision to assure aircraft noise abatement actions are taken by airlines serving MSP airport through December 199.9. • Noise Mitigation Funding Legislation The MAC's interpretation of the noise mitigation law contradicts the legislative intent. There needs to be clarification of the legislative intent of the bill which dictates the MAC's use of PFC funds for noise mitigation projects near MSP. Staff will meet with legislators to discuss this issue prior to the 1993 State Legislative session. Staff will inform the Council of these discussions and will continue to provide updates of the MAC's use of PFC funds in accordance to the noise mitigation funding law. • FAA Capacity Task Force Study Staff will continue to update the Council of the study being conducted by the FAA Capacity Task Force team. Alternative Recommendation: A variety of alternative recommendations may be discussed at the December 7, 1992 Study Session. Discussion/Decision Mode: These matters will be discussed at the December 7, 1992 Study Session. ully submitted, Jame Prosser City nager JDP:ds Attachments ~ ~ 67Q,0 Portland Avenue • Richfield, Minnesota 55423-2599 ~ I~ ~~ity Manager Mayor Council Ja//////mes D. Prosser Martin Kirsch William Bullock Michael Sandahl Ivan Ludeman Kristal Stokes November 25, 1992 Mr. Nigel Finney Deputy Executive. Director Planning and Environment Metropolitan Airports Commission 6040 - 28th Avenue South Minneapolis, MN 55450 RE: Comments on the Environmental Review Process MAC Seven-Year Capital Improvement Plan, 1993-1999 Dear Nigel: The City of Richfield reviewed the assessment of the environmental effects of projects in the Metropolitan Airports Commission's Seven-Year Capital Improvement Plan (1993-1999) for Minneapolis-St. Paul International Airport. The City is concerned with the following elements of the plan. 1. Runway 4-22 Extension Project As stated in the CIP, the MAC's primary purpose for the project is to permit increased use of Runway 4-22 by providing additional length to Runway 22 and to allow aircraft departing on Runway 22 to start their takeoff roll southwest of the intersection of Runway 11 U29R. -This would allow Runway 11 U29R to be operated independently of departures on Runway 22 and would permit these two runways to be operated independently to accomodate up to 90 operations per hour (p. A-12). The City, has three major concerns with the project's primary purpose. • Break Release Point The City is opposed to .the displacement of the aircraft departure threshold further south on Runway 22. Richfield's concern is that the intensity of noise will be increased for residents living in southeast Richfield if the departure point is moved towards the south end of the runway. The break release point should remain unchanged. • Increased Flight Operations on Runway 22 The MAC states that the extended runway can accomodate up to 90 flight operations per hour. This will divert some of the airport noise from south. Minneapolis and northeast Richfield to southeast Richfield and northeast Bloomington. To date, MAC has not responded to questions raised by Richfield in our Draft EIS responses. These questions relate to the accuracy of operations projections. These questions should be answered prior to approval of this project. The Urban Hometown Telephone (612) 861-9700 Fax 861-9749 An Equal Opportunity Em•pioyer Mr. Nigel Finney November 25, 1992 Page 2 The City is concerned that the increased number of flight operations on Runway 22 will cause adverse noise impacts on Richfield residential areas. Richfield also questions the validity of this purpose for the project. The proposed project does not contain enough detail on the projected flight operations on Runway 22. Richfield has no protection that the percentage of takeoffs on Runway 22 will not increase in the future. Also, there are no assurances that there will be an equitable use of both ends of the runway to balance air traffic and noise for communities located on both ends. • Noise Mitigation The plan does not provide a reasonable mitigation plan for the residential areas in southeast Richfield that will be negatively impacted by the increased number flight operations. and the displaced break release threshold on Runway 22. The City of Richfield reviewed and submitted comments on the Draft Environmental Impact Study (ElS) of Runway 4-22 on July 1, 1992. In these comments, the City identified :a number of environmental and flight operational concerns with the proposed runway project. Attached is the introduction which summarizes our concerns with the proposed project. In conclusion, the City of Richfield believes that the MAC should not include the Runway 4- 22 extension project in the 1993-1999 CIP unti(the EIS process is satisfactorily completed. Before the project can .proceed, the MAC and FAA must address and resolve to deficiencies as outlined in Richfield's response. After the EIS is revised, the document should be recirculated for public comment. Funding to mitigate Runway 4-22 extension impacts should also be specifically identified. 2) Environmental The proposed seven year Capital Improvement Plan (1993-1999) reflects 12% of the capital improvement projects dedicated for environmental purposes. Except for school insulation, MAC to date has undertaken virtually no residential noise. mitigation projects. Amore significant portion of the MAC's Capital Improvement Budget should be dedicated to ....reducing the impact of the airport on residential areas. A review of MAC's Capital Improvement Plan should also include the legislative mandate contained in Section 473.661, Subd. 4 of Minnesota State Statutes. This statute requires MAC to dedicate a specific portion of their budget for off-site noise mitigation projects to supplement Part 150 efforts. We appreciate the opportunity to review and submit comments on the MAC 1993-1999 Capital Improvement Plan. i erely, Ja es D. Prosser Ci Manager JDP:ds Attachment /~~ REMARKS BEFORE THE METROPOLITAN AIRPORTS COMMISSION SPECIAL MEETING NOVEMBER 30, 1992 Good evening. I am Martin Kirsch, Mayor of the City of Richfield. The City of Richfield appreciates the opportunity to present its views regarding regulation of airport noise. Richfield strongly supports an airport noise ordinance. The voluntary noise budget for MSP has produced positive community benefits. However, overall, the process of preparing and implementing a mandatory noise ordinance would, in our opinion, provide more effective noise relief. Some factors that should be considered in preparing the noise ordinance include the following: • Other airports, notably the John Wayne airport in California, have been experimenting with several different takeoff procedures which produce different types of noise relief.. The final phase of-this effort is due to be completed at the end of this year and should be carefully studied for use at MSP. • B727-100 aircraft with different type engines have been developed to provide a quiet freight version of aircraft capable of meeting Stage III noise requirements. Greater use of aircraft with these new engines for freight operations should be considered at MSP. • The GAO is completing a survey of 140 jet airports in the United States. This survey report will provide a number of aviation noise reduction options that should be considered by MAC for application at MSP. • An airport noise and operation monitoring system has recently been implemented at MSP. The MAC should educate communities on what sort of information this system can provide to them and what types of feedback would be helpful in using this system prior to the preparation of a noise ordinance. • The City of Richfield continues to experience significant disruption to our residential community because of early morning run-ups. We recognize that all airlines are required to conduct maintenance run-ups in the Northwest Airlines' run-up pad. We also understand that night time run-ups are prohibited unless preauthorized by MAC. However, we continue to receive complaints about run-ups in the early morning hours including prior to 6:00 a.m. MAC should survey the times and number of aircraft using the run-up pads and determine whether adjustments could be made to provide early morning relief to our residents. • Generally, the night time noise restrictions are of great concern to our residents. Richfield strongly encourages MAC to expand the time for night time noise restrictions from 10:30 p.m. to 6:00 a.m. • Communities surrounding. MSP should be directly involved with a process to establish acceptable noise budget measures. Since it is the residents of these communities impacted by the airport noise, their involvement is important. • Several major airports are using AIP funds to pay for noise mitigation projects. As part of the noise- budget ordinance discussion, MAC should consider funding projects to redevelop noise sensitive areas to other uses utilizing AIP funds. We understand that the FAA has previously disapproved noise ordinances because of their concern on the impact of these ordinances on commerce. These issues are complex but can be worked out through the best efforts of MAC staff, cities and airline representatives. Finally, concern about imposing new restrictions on Northwest Airlines are understandable. But in many ways, this is the time that it is especially important to make sure that Northwest as well as all other airlines understand the need to include community impact as part of their overall business plan. Thank you for the opportunity to address your commission on this very important matter. COMMENTS OF CITY OF RICHFIELD, MINNESOTA ON DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR PROPOSED EXTENSION OF RUNWAY 4-22 AT MINNEAPOLIS/ST. PAUL INTER~'~1ATIONAL AIRPORT James D. Prosser Richfield City Manager 6700 Portland Avenue Richfield, MN 55423 (612) 861-9700 Charles L. LeFevere Holmes & Graven, Chtd. 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 Steven F. Pflaum McDermott, Will & Emery 227 West Monroe Street Chicago, Illinois 60606 (312') 372-2000 July 1, 1992 I. INTRODUCTION The City of Richfield, Minnesota ("Richfield") submits these comments on the Draft Environmental Impact Statement and the Supplement to the Draft Environmental Impact Statement (collectively, the "Draft EIS") for the proposed extension of Runway 4-22 at Minneapolis/St. Paul International Airport {"MSP"). As explained below, the Draft EIS fails to comply with the requirements of the National Environmental Policy Act of 1969 ("NEPA," 42 U.S.C. § 4321 et seq.), Moreover, approval of the project would violate section 509(b)(5) of the Airport and Airway Improvement Act of 1982 {"ARIA," 49 U.S.C. App. § 2208(b)(5)), section 4(f) of the Department of Transportation Act of 1966 ("Transportation Act," 49 U.S.C. § 303(c)), Executive Order 11990, and the National Historic Preservation Act of 1966 {"Preservation Act," 16 U.S.C. § 470 et seq.). The Draft EIS describes the primary goal of the runway project as being "[t]o increase the use of the crosswind runway (Runway 4-22) to provide for a shift in some aircraft noise away from the most heavily impacted residential areas northwest of the airport." Draft EIS at 12.~~ However, the Draft EIS is premised upon unrealistic and unsupported assumptions about the 1. Page references to the original Draft EIS are in the form "Draft EIS at [page number]." Page references to the Supplement to the Draft EIS are in the form "Supplement at [page number]." -1- extent to which the extended Runway 4-22 could be used in the contemplated fashion.. In reality, operational and airport design constraints, many of them associated with the queuing taxiway f•or Runway 22, would severely impair the capacity of the extended runway. The inflated runway capacity assumed in the Draft EIS undermines both the environmental analysis and the purported justification for the project. The assertion that the runway project would shift a certain number of operations from the parallel runways to Runway 4-22 constitutes the very foundation of the environmental analysis contained in the Draft EIS. If Runway 4-22 is used significantly less than the Draft EIS predicts, then the true environmental consequences of the project would be vastly different from those projected in the Draft EIS. Moreover, the entire rationale for spending upwards of $17 million on this project is undermined if the extended runway would not permit increased departures on Runway 22 to the extent claimed in the Draft EIS. On the other hand, if the extended runway were used to the extent claimed in the Draft EIS notwithstanding the operational obstacles, the project would result in significant departure delays. The existence, and environmental consequences, of such delays are never addressed in the EIS. Nor could such disruption in the efficient operation of MSP be accepted for a project that -2- is conceded not to reduce airport noise, but simply to shift it from one primarily residential area to another. The Draft EIS would be fatally flawed even if the project would work as represented. The EIS is premised upon an artificially narrow statement of need that, in turn, produces an artificially narrow project description, analysis of environmental impacts, and discussion of alternatives. The statement of the need for the project--and the manner in which the project's objectives conveniently changed during the course of environmental review--suggest that the Draft EIS is simply a post-hoc rationalization for a project that the sponsor, at least, has already decided to .approve. That concern is reinforced by the fact that the FAA has already conditionally approved the runway project on two occasions, and that the Long- Term Comprehensive Plan being developed for MSP is predicated upon the prior extension of Runway 4-22. The Draft EIS violates NEPA by completely ignoring many significant environmental impacts, such as safety, land use, and cumulative impacts. The consideration of other impacts, such as noise, contains technical information but offers no analysis of the severity of the impacts associated with the proposed project. Particularly unfortunate is the almost complete lack of analysis regarding mitigation measures. Indeed, the Draft EIS completely fails to address steps that could assist the residents of the -3- communities that would bear the brunt of the project's impacts, i.e., Richfield and Bloomington. The Draft EIS also violates provisions in NEPA and the implementing regulations promulgated by the Council on Environmental Quality ("CEQ") regarding the use of consultants in the preparation of environmental .impact statements. Even the inadequate analysis contained in the Draft EIS makes it clear that the proposed project cannot be approved. There is simply no basis for a finding, as required by section 509(b)(5) of the ARIA, that there is no "feasible and prudent alternative" to the runway extension project and that "all reasonable steps have been taken to minimize [theJ adverse effect." 49 U.S.C. App. § 2208(b)(5). Nor could it reasonably be concluded, under section 4(f) of the Transportation Act, that the project includes "all possible planning to minimize harm to the park[s)" that would be affected by significantly increased noise levels. 49 U.S.C. § 303(c). The existence of feasible alternatives that would avoid any impacts to wetlands also prevents a .finding, under Executive Order 11990, that there is no "practicable alternative" to the proposed project. Finally, there is no basis for concluding that the proposed project would not affect any historic properties. protected by the Preservation Act. -4- Under these circumstances, no additional time and money should be invested in studying this project. However, if the Metropolitan Airports Commission ("MAC") is not prepared to abandon the project immediately, MAC and its consultants should work closely with the FAA to evaluate the efficacy of the proposed runway. After having done so, if MAC wishes to pursue this project, the fundamental defects in the Draft EIS require that a revised Draft EIS be prepared and recirculated for public comment. II. THE DRAFT EIS IS PREDICATED UPON UNREALISTIC AND UNSUPPORTED ASSUMPTIONS REGARDING THE OPERP.TION OF THE RUNWAY PROJECT A. The Original Draft EIS The linchpin of the analysis in the Draft EIS is its assertion that the proposed extension of Runway 4-22 would increase the capacity. of that runway under the Runway Use System ("RUS") from the current level of 60 operations per hour to a level of 70 to 95 operations per hour: "Increasing the length of Runway 4-22 would increase the hourly capacity of Runway 4-22 under the RUS to 85 to 95 operations during peak arrival periods and to 70 to 80 operations during departure peaks. ." Draft EIS at 25-26.?~ 2. The accuracy of this estimate appears questionable in light of the significantly lower estimate contained in MAC's "Informational Brochure" for the runway extension. (A copy of (continued...) -5- CITY OF RICHFIELD, MINNESOTA Study Session Letter No.40 Agenda December 7, 1992 Issue Statement: Discussion concerning a request to park a travel trailer (RV) on City right-of-way.. Background• Randy Bednar, 7344 Chicago Avenue, has been parking an RV on the 74th Street boulevard for a number of years. A recent complaint made the City aware of the violation, and Public Safety ordered the RV to be removed. Subsequently, Mr. Bednar has requested permission to allow continued use of-the right-of-way. The request is for two dependent actions: • permission from Council to use right-of-way; and • variance under RV ordinance. This would be the first application for a variance under the RV ordinance and there has been no policy established for the handling of such petitions. Recommended Motion: Discuss the alternatives and direct staff in developing policy. Alternatives• 1. Refer the case to the hearing examiner for consideration of variance related to established driveway and distance from street curb. Council. would consider use of right-of-way of variance granted or if variance denied and appealed to Council. 2. Consider use of right-of-way and, if permitted, submit to hearing examiner for variance hearing. 3. The Council has the right to consider both issues in a single public hearing. 4. The application cost for a residential zoning variance is $200.00. It is estimated that an RV ordinance variance would be similar in administrative cost, including the legal publication, notices, preparation for and public hearing. Alternative Recommendation: Defer the discussion to a future study session. Discussion/Decision Mode: This is presented for Council discussion on December 7, 1992. Respect ly submitted, Jame Prosser City anager JDP:ds Attachments z~l n r rn i N O_ 0 .y rn i N 0 N i ~~ a~ w - ~, , ----~" - ' .~ ~ ~~ .~ t - N --~~,. ~ 1 ~ S G rn -.~ ~ ~1 - t _ ~~ pvE. cn 734 ~H~cA i m ~- ~ t~ ~ ~ Z p~R? =L~ ~,-~-- N ~~~ 9 -_ ~ Cp-G~ Ad~N~E ~1r11 J 6700 Portland Avenue • Richfield, Minnesota 55423-2599 City Manager Mayor James D. Prosser Martin Kirsch Council William Bullock Michael Sandahl Ivan Ludeman Kristal Stokes October 23, 1992 C#922016 Qo Resident 7344 Chicago Ave. S. Richfield, MN 55423 It has come to our attention that your with Richfield ordinances relating to specific concerns are as follows: property does not conform property maintenance. The 1. RV on the side of garage adjacent to the street must be removed. Please read attached ordinance on area's where RV may be stored. If you have any questions, please contact the Environmental Health Division at 861-9880 at your convenience. Otherwise, we ask you to alleviate these conditions within 5 days, and help us to maintain the property maintenance standards that have made Richfield such a pleasant community in which to live. Enclosed are the specific ordinances regarding the above items.. An inspector will stop by after the time period noted to re- inspect the property. Sincerely, Jean Sawyer Environmental Health Specialist Richfield Public Safety Department jms Enclosures Telephone Number General City Matters: (612) 861-9700 Public Safety Non-emergency (24 hr.) (612) 861-9800 POLICE/FIRE/EMERGENCY: DIAL 91 1 &ichfield City Code Section 1325. .Parking: recreational vehicles. 1325.01 {Rev. 2-17-89 ) 1325.OI. Declaration of purpose. The standards established for recreational vehicles and equipment in this section are designed to regulate their storage and commercial use and to protect the health, safety and general welfare of the community. The standards are established to promote the safe use, storage and parking of recreational vehicles and equipment and to eliminate those conditions or misuses which are unsafe and cause deterioration of property and property values. 1325.03. Definitions. The term "recreational vehicles and equipment" means travel trailers, including those which telescope or fold down, chassis mounted campers, house cars, motor .homes, .tent trailers, slip-on campers, converted buses and converted vans: (a) Travel trailers, including those which telescope ar fold down, chassis mounted campers, house cars, motor homes., tent trailers, slip-on campers, converted buses, converted van and units that .are designed and used for human living quarters and meeting the following qualifications: {Amended, Bill No. 1989-2) (1) are not used as the residence of the owner or occupant; (2) are used for temporary living quarters by the owner or occupant while engaged in recreational or vacation activities; (3) are self-propelled or towed on the public streets or highways incidental to such recreational or vacation activities. (b) Slip-on campers are mounted into a pick-up truck in the pick-up box, either by bolting through the floor of the pick-up box or by firmly clamping to the side of the pick-up box. (c) Snowmobiles and snowmobile trailers, boats and boat trailers, all terrain. vehicles and all terrain vehicle trailers, and utility trailers, which for the- purpose of this Section shall mean any motorless vehicle having a carrying capacity of 20,000 pounds or less and used for carrying property on its own structure while being drawn by a motor vehicle. (Added, Bill No. 1989-2) The term includes snowmobiles and snowmobile trailers, boats and boat trailers, and all terrain vehicles and all terrain vehicle trailers; the term does not include mobile homes or house trailers as defined in Minnesota Statutes, sec- tion 168.OI1, subdivision 8. 1325.05. Permitted uses. Subdivision 1. General rule. Recreational vehicles and equipment may be parked or stored in a residential zoning district or in portions of planned unit development districts designated for residential uses as follows: (a) on any rear or side yard of a lot except the side yard of a corner f lot adjacent to the street. Richfield City Code 1325.05, Subd. 1 .(Rev. 2-17-89) (b) case' closer than three feet to any building or structure, including fences. ~~~ (c) is as established driveway of a lot but not closer than three feet to -any building or structure not beyond the lot line and not closer than 12 feet to the curb line of the street abutting an established driveway. Subd. 2. Loadin A recreational vehicle may be stored on a lot without regard to the location on the lot for the sole and express purpose of loading and unloading for a period not in excess of 48 hours. • Subd. 3. Slide-in pickup campers. Unmounted slide-in pickup campers must "-' be stored no .higher .than 20 inches above the ground and must be securely sup- ported at least at four. corners by solid support blocks. 1325.07. Prohibited uses. A recreational vehicle may not be stored, parked or utilized in residential zoning district or in portions of planned wait develop- ment districts designated for residential uses as follows: (a) recreational vehicles and equipment'shall not be used as a permanent residence; (b) a recreational vehicle which is in a state of ezteraally visible disrepair or partial construction must be stored or parked in a rear or side . yard but not closer than three feet to any building or structure and for not ~` more than one year. 1325.09. .Variances. The council .may grant variances to the literal provisions of this. section in the same manner .and subject to the same requirements that apply to variances granted under section S~iS of the zoning code. 1325.11. Inoperable Vehicle. The provisions of Subsection 1320.13 shall be applicable to the parking and storage of recreational vehicles, ezcept as provided in Subsection 1325.07, paragraph (b) and notwithstanding any other provisions of this section to the contrary. (Added, Bill No. 1989-2) Nov. 2, 1992 To: Richfield City Council Members From: Randy and Barbara Bednar 7344 Chicago Ave. So. Phone - 921-2275 (w), 869-5170 (h) Re: Request to continue .parking RV at current site Dear City Council Members, Please accept this letter as our request to continue parking our travel trailer in the only spot we have available. Because we have a corner lot our trailer is now supposed to be parked either on our driveway or towards the rear of our lot. Our predicament is that neither place will work out. To get it into the corner of our backyard would require the removal of our yard light, a few trees, .and some landscaping. Because of the trailer length (33') and a small back yard~it will not fit in anyplace other than the far corner. Also, because our driveway is short and makes a 90° turn we need the whole driveway to make the swing into our garage. The only space left that is workable is along side our garage on the street side. Attached are some photos of our lot and trailer so you can get a better understanding our situation. Both Dennis Nydecker and Betsy Christianson, with the city, have already visited our lot and can verify what we have described. We have lived in our home 18 years and have usually owned an RV parking them on this spot with never a complaint from our neighbors. As evidenced by the attched list of signatures of neighbors all around us, none of them has a problem with where its parked. When this trailer was purchased in January of 1989 we initially considered keeping it at a rental storage area but had to rule that out because of our concerns for its safety, high storage costs, and the fact that it wasn't practical from a usage standpoint. Thank you for your time and consideration of our request. ! Sinc~r(ely, ~~~~, ' Ran~y and Barbara Bednar ~ ~.~~ `. ~"~' . 7 i ~~ C~~T~6 R.~~~~1~~I~ p ~ ~,~.~ n~f ~ ~ , ~. ~ rvA~~ ~ SAD -~NflT ~F . ~ ~~D ~ ~ ~~~~~~~ Jet- - 7-~ar~~ ~ TRH ~~-~iSSi o~ ~ v ~ 3 44 Cift~ ~~ `' G ~~p~~E ` ~~~;~~ ~ ~ Ms"l~~, T ~ p~a~U~ ~ y ~ .- ~~~ ,' ~ ~j~/ ~~ y t ~~>~~ C~-~"~ ~~,~~~2~ -~ -~ ~~~ ,~~ , ~ , 1 ~~u ~`~~ . 4: , ' ~~ ~~~~~-~ ~. v ~~ `,~... ~. ~=~ ~~~ ~~ (} I ~ Z t~ ~ /vm ~L.) /~ ~13~5 ~~'~ ~~ ~~~~ ~` n i ~3~~ ^~~ ~~~ .~: ~~ -~! ,-' ~ '~ 6 ; :` ~ ~; _.,~ ~ e ~ ~~_a Li ie .~ ,' ~ ' . . a~ }.~+i '1, ~' i' ~; A ~7• `` . , '': 1 `i~ t''yy ~} l~ "z` ~r ~ w; Y~ ~.~~~~~ ; 1 a~ ` ~.~ .'~ :lY, ' , ,. ;~~ CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 39 Agenda. December 7, 1992 Issue Statement: James Denn, Commissioner for the Minnesota Department of Transportation, has been invited to join the Council and members of the Richfield community at 7:00 p.m. to discuss the traffic corridor studies currently underway. Special consideration is to be given to the I35W traffic corridor. Background• Studies of•the I35W and I494 traffic corridors began in earnest in 1986. Draft Environmental Impact Statements were available the summer of 1992. The Commissioner for the Minnesota Department of Transportation is expected to make an announcement before year end 1992 as to the preferred alternative for each of the two traffic corridors. Richfield has carefully followed and participated in the traffic corridor studies. The 1494 traffic corridor study appears to have little controversy. The I35W traffic corridor study, however, has produced several points of controversy.. Richfield has taken a position in favor of High Occupancy Vehicle lanes on the basis of safety, local traffic impacts and ridership.- In a recent press conference, the suburban communities of Richfield, Bloomington and Eden Prairie presented a unified position regarding the I35W traffic corridor alternatives. Members of various Council appointed commissions and committees as well as some local organizations have been specifically invited to this Council Study Session. All members of the' community are invited to participate in the discussions. Recommended Motion: No action required. The purpose of the meeting is to discuss the various traffic corridor studies, I35W in particular, and to make Richfield's position clear to the Commissioner of Transportation. Basis of Recommendation: 1. Richfield continues interest in the traffic corridor studies. 2. The I35W traffic corridor study appears to have several points of controversy. 3. The Commissioner of Transportation is expected to make a decision before year end 1992 about preferred alternates for the I35W and I494 traffic corridors. Alternative Recommendation: None. Discussion/Decision Mode: This discussion item is scheduled for 7:00 p.m. at the City Council's December 7, 1992 study session. Respectfu ly submitted, James Prosser City anager JDP:ds