12-16-98 Special
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Special City Council Meeting
DECEMBER 16, 1998
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 10:25 p.m.
MEMBERS PRESENT:Martin Kirsch, Mayor; Susan Rosenberg; Russ Susag;
Michael Sandahl; and Kristal Stokes.
STAFF PRESENT:Thomas Ferber, City Clerk; James Prosser, City Manager;
and Chuck Dayton, Airport Counsel.
Item #IDISCUSSION OF AIRPORT MATTERS REGARDING WHETHER TO
APPROVE PROPOSED NOISE MITIGATION AGREEMENT WITH
METROPOLITAN AIRPORTS COMMISSION OR WHETHER TO INITIATE
LITIGATION REGARDING MITIGATION OF IMPACTS OF NEW NORTH-
SOUTH RUNWAY.
Mayor Kirsch stated that Council Member Sandahl had been negotiating with the
MAC regarding a proposed Noise Mitigation Agreement with the Metropolitan Airports
Commission with the knowledge and direction of the City Council.
City Council Member Sandahl reviewed the latest changes and revisions to the
Proposed Noise Mitigation Agreement.
M/Sandahl, S/Susagto approve the Richfield-MAC Noise Mitigation Agreement
with changes as outlined and to stipulate that if the MAC does not approve the same
agreement that the City’s airport counsel be directed to file litigation regarding this
issue.
A roll call vote was requested.
Council Member Rosenberg stated she did not support the motion and giving up
the right to litigate.
Mayor Kirsch stated the City has labored long and hard on this agreement and
Special Council Meeting-2-December 16, 1998
he could not support it with inclusion of Minneapolis and Bloomington on the panel. He
stated he felt it was more prudent to litigate.
Council Member Susag stated that the City could not legally challenge the
decision by the legislature to keep the airport here and build the runway. He stated he
considered that the City’s goal was to get the MAC to recognize and address the
impact of low frequency noise and the need for mitigation and this agreement does
that. He stated a lawsuit may only make the MAC rewrite the EIS to recognize this. He
stated with the agreement the MAC will work with Richfield cooperatively to seek
funding, something that would not occur through litigation. He stated he supports the
agreement as being in the best interest of the City.
Council Member Stokes stated she would support the agreement based on her
review of the information available at this time and because it includes addressing low
frequency noise.
Council Member Sandahl stated that all Council Members seek to do what is the
best way to address low frequency noise and assure mitigation of the problem. He
stated it was important to have MAC’s support in seeking funding and addressing low
frequency noise. He stated he felt the agreement gave the best chance to address the
problem and still would allow Richfield to litigate to enforce the agreement if the MAC
doesn’t follow through with it’s provisions. He stated that the whole Council has the
best interests of the residents at heart but see different ways to do that.
Roll call vote:
RosenbergNo
SusagYes
StokesYes
SandahlYes
KirschNo
Motion carried 3-2. (Kirsch, Rosenberg opposed)
ADJOURNMENT
The meeting was adjourned by unanimous consent at 10:50 p.m.
Date Approved:_____________________________________________
Martin J. Kirsch, Mayor
__________________________________________________________
Thomas P. FerberJames D. Prosser
City ClerkCity Manager