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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. 1 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 2