04-01-05 Special
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Continued Closed Executive Session
(Continued from March 29, 2005)
Special City Council Meeting
(Continued from March 29, 2005)
April 1, 2005
The continued Special City Council Closed Executive Session was called to order by Mayor
Kirsch at 8:00 a.m. in the Executive Conference Room.
Members Present:
Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; Fred Wroge; and
Bill Kilian.
Staff Present:
Steve Devich, City Manager; Cheryl Krumholz, Recording Secretary; and
John Dean, City Attorney.
The City Council met for the purpose of the discussion of potential litigation regarding
Metropolitan Airports Commission Noise Insulation Program. The Closed Executive Session is
convened pursuant to M. S. 130.05, subd. 3(b).
At 8:31 a.m., by unanimous consent, the continued Special City Council Closed Executive
Session was adjourned to the continued Special City Council meeting in the Council Chambers.
Mayor Kirsch called the continued Special City Council meeting of the Richfield City
Council to order at 8:35 a.m. in the Richfield Council Chambers.
John Dean, City Attorney, reported the City Council Closed Executive Session held in the
Executive Conference Room to discuss potential litigation regarding the MAC's Noise Insulation
Program has concluded. Various strategic options were discussed in private on March 29 at a
Closed Executive Session, which was continued to April 1.
M/Kilian, S/Rosenberg to authorize the City Attornev to commence litiqation. as a co-
plaintiff with the City of Minneapolis. aqainst the Metropolitan Airports Commission for the purpose
of redressinq the MAC's failure to provide noise mitiqation within the 60-65 db DNL. includinq
authorization to siqn all necessary and appropriate court pleadinqs. as well as aqreements with co-
parties concerninq the conduct of the litiqation. provided that any aqreement must limit the City of
Richfield's obliqation to reimburse the City of Minneapolis for leqal expenses to no more than
$43.890.
Closed Executive Session Council Minutes
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April I, 2005
Council Member Kilian stated as a result of MAC's decision to change provisions of the
1998 Noise Insulation Program, approximately 850 Richfield homes will not receive reasonable
mitigation and he believes that to be unconscionable.
Council Member Sandahl stated the City Council has had extensive discussions to protect
Richfield residents from airport noise. Complaints are already being received about additional
noise and the new runway is not open yet. She said that based on past promises from MAC which
are now not being kept, the City should move forward in the litigation.
Council Member Rosenberg expressed support of the litigation as a Citywide issue.
Council Member Wroge expressed support of the litigation because it's time to find out if
MAC is for or against Richfield.
Mayor Kirsch stated the City Council and City staff have strived over the years to work with
MAC to try to be a good neighbor. The full insulation package was promised by MAC and now it's
time to try to get some relief through the courts for the eastside of Richfield.
Council Member Sandahl asked about the cost to move Minneapolis-St. Paul International
Airports (MSP) which was considered several years ago.
City Manager Oevich said his recollection was moving was in excess of $2 billion, which the
State saved when MSP was not moved.
Council Member Sandahl stated money was saved by MAC by not moving but there is
unwillingness to invest in staying.
Mayor Kirsch said the cost was billions to move, but millions to Richfield for mitigation.
Council Member Wroge clarified that the legal expenses to reimburse the City of
Minneapolis is capped at $43,890 but there will be some costs to Richfield with our own City
Attorney which should be minimal compared to the lawsuit.
Council Member Rosenberg stated there is a showing of unity with the City Council and to
the community with the unanimous support of the litigation by the City Council.
City Manager Oevich stated the costs incurred by Richfield for our own attorney is in the
range of $10-$15,000, which is in addition to the Minneapolis cap.
Mayor Kirsch stated the City Council has requested staff keep the City Council aware of the
status of the litigation.
City Manager Oevich said the City Council will stay informed through periodic Closed
Executive Sessions.
Motion carried 5-0.
The continued Special City Council meeting was adjourned by unanimous consent at 8:44
a.m.
Closed Executive Session Council Minutes
Date Approved: April 12, 2005
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Cheryl Kr hOir
Recording Secretary
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April I, 2005