07/10/1984 - Airport Relations Commission CITY OF EAGAN
AIRPORT NOISE COMMITTEE MEETING
TUESDAY
JULY 10, 1984
4:15 P.M.
I. ROLL CALL
II. DICK GUNN
III. OPERATIONS COMMITTEE MEETING /SCHEDULED FOR
JULY 12 (4:00 P.M.) AT AIRPORT
IV. GENERAL DISCUSSION OF JULY 24 MASAC
V. OTHER BUSINESS
VI. ADJOURNMENT
MEMO TO: AIRPORT NOISE COMMITTEE MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JULY 9, 1984
SUBJECT: JULY 10, 1984, AIRPORT NOISE COMMITTEE MEETING
At the June 12, 1984, Noise Committee meeting, it was decided
that Mr. Dick Gunn, Attorney representing property owners in
the South Minneapolis and Richfield area, be present at the July
10 meeting to enlighten the Airport Noise Committee on his involve-
ment as legal counsel representing a number of property owners
in a lawsuit against the Metropolitan Airport Commission regarding
air traffic noise. Our City Attorney, Mr. Paul Hauge, has extended
the invitation to Mr. Gunn.
Mr. Don Giblin has asked that two (2) items be included on the
agenda, which are referenced as Roman numerals III. and IV.
Also, Mr. Harrison, who will not be present at the meeting on
Tuesday, would like a question asked of Mr. Gunn, "what if any,
air rights does the City of Eagan have ?"
Minutes will either be distributed for review at the meeting
tomorrow evening for approval or sent out for consideration at
the July 24 meeting.
City Administrator
Airport noise effects to be studied
The Metropolitan Airports Commis- planning and engineering for the
sion has received a $115,000 feder- airports commission, said Friday.
al grant to identify use of land near The study, to begin this summer,
the airport that is incompatible will be completed in mid -1985.
with airport noise and to outline
ways to reduce the impact of noise Once problems are ranked by pri-
in problem areas. ority, they will become eligible for
federal funds. The airports commis -
Acquisition and insulation of homes sion will work with municipalities
and buildings are among the op- surrounding the airport to study
tions to be considered in developed land uses, Finney said.
areas, Nigel Finney, director of ,yf� ?". & •`• _ f1
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 84-
RESOLUTION REGARDING AIR TRAFFIC PATTERNS
WHEREAS, the City of Mendota Heights, through Land Use planning, has provided
a corridor through the southern area of the City for the safe and unobtrusive
operation of aircraft arriving and departing from the Twin Cities International
Airport; and
WHEREAS, during the past three years there has been a continuing and increasing
movement of the departing tracks of aircraft over well established residential
neighborhoods, located to the north of the compatibly zoned land; and
WHEREAS, the operations of departing aircraft on runways 11L, due to heading
turns out of the provided corridor, have resulted in an intolerable situation
for the residents of the City; and
WHEREAS, it has come to the attention of the City that at least a part
of the condition is a result of the designation of a small residential area
(specifically the Timberline Addition in the City of Eagan) south of the flight
path by the FAA as a no overflight area; and
WHEREAS, the City of Mendota Heights has been provided with noise contour
maps from the MAC and Metropolitan Council which indicate field operations should
be conducted in a manner that restrict the excessive noise to the non - residential
corridor provided;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mendota
Heights that the MAC and the FAA Air Traffic Control be required to maintain
all departing aircraft on Runway 11L to a compass heading of no less than
105 degrees or such heading as is necessary to maintain all traffic in the corridor
provided and shown in exhibit A attached hereto.
BE IT FURTHER RESOLVED, that in the event that such operations cannot be
accommodated and effective on or before July 10, 1984, that the MAC close Runway
11L to all departing turbo jet traffic on a 24 -hour a day basis until such time
as operations can be maintained in such a compatible manner.
Adopted by the City Council of the City of Mendota Heights this Twentieth day
of June, 1984.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
ATTEST: Robert G. Lockwood
Mayor
} Kathleen M. Swanson
City Clerk
CITY OF EAGAN
MINUTES OF AIRPORT NOISE COMMITTEE
JULY 10, 1984
A meeting of the Eagan Airport Noise Committee was held at the City
Municipal Center on July 10, 1984 at 4:30 p.m. Those present were members City
Administrator Tom Hedges, John Gustin, Don Giblin, Carol Dezois, Bob Swenson,
City Planner Dale Runkle and City Attorney Paul Hauge. The guest was Dick
Gunn, attorney from Minneapolis.
Tom Hedges chaired the meeting and backgrounded Mr. Gunn in the progress
of the committee to date. Mr. Gunn stated that he has been involved with the
airport noise issue in the Twin Cities since 1965. In the late 1960s, neigh-
borhood groups in the south Minneapolis- Richfield area were formed protesting
the noise and in 1970 Mr. Gunn commenced a lawsuit in inverse condemnation
with 100 resident Plaintiffs. It was commenced as a class action involving
groups in Dakota, Ramsey and Hennepin County, according to Mr. Gunn. The
actions have been in process since 1970 and miscellaneous appeals have been
taken to the Minnesota Supreme Court. The Supreme Court set down 5 rules for
a property owner to prevail in an inverse condemnation action of this nature,
including the following:
1. There must be a direct and substantial invasion of property rights.
2. There must be a reasonable probability that the invasion will con-
tinue.
3. It must have a repeated and aggravated impact on the residential
owners.
4. There is a different burden placed on each residential owner.
5. There must be a definite measurable diminution of property value for
each Plaintiff.
He indicated that the Plaintiffs have prevailed on four of the five tests
and the diminution of market value deals with the constitutional taking issue,
although there is clearly a statutory taking. Oral arguments will be held in
the Minnesota Supreme Court in the fall of 1984 concerning the class action
and then they will proceed to trial. Mr. Gunn indicated that when MAC departs
from the chosen pattern, there may be a cause of action and further indicated
that the MAC is the condemning authority and must establish public need and
what the taking consists of. He also stated that the defenses of statute of
limitations and lathes have been dropped by the MAC and that the MAC is the
sole Defendant in those actions. MAC tried to bring in the airlines but were
unsuccessful and also, Mr. Gunn indicated the case law precludes the FAA being
brought in as a party.
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Noise Committee Minutes
July 10, 1984
C
He suggested a declaratory judgment type action and that there is a
strong possibility of injunction to prohibit violations of the noise regula-
tions and standards. He also indicated that it may be possible for a munici-
pality to combine with private property owners in an inverse condemnation
action and clearly indicated that the Environmental Rights Act could be used
as a basis for such an action.
He also discussed public involvement including loss in value for school
districts, impact on parks and also the need for an EAW or EIS for the over-
flight dispersion project that's now in process.
There was discussion concerning the Mendota Heights residents complaints
and the City of Mendota Heights Resolution submitted to the June MASAC
meeting. The MASAC meeting is scheduled for July 24, and the MAC Operations
Committee meeting will be held on July 12.
The next meeting of the Eagan Noise Committee will be held on July 24,
1984 at 6:00 p.m. and all members of the committee are encouraged to attend
the MASAC meeting at 7:30 on the same night at the MAC headquarters offices.
ADJOURNMENT
The meeting adjourned at 6:15 p.m.
PHH
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