07/24/1984 - Airport Relations Commission CITY OF EAGAN
AIRPORT NOISE COMMITTEE MEETING
TUESDAY
JULY 24, 1984
6:00 P.M.
I. Roll Call
II. Review & Adopt June 26 and July 10, 1984 Minutes
III. Metropolitan Aircraft Sound Abatement Council Meeting for
7/24/84.
IV. Other Business
V. Adjournment
MEMO TO: AIRPORT NOISE COMMITTEE MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JULY 20, 1984
SUBJECT: JULY 24, 1984, AIRPORT NOISE COMMITTEE MEETING
We are all anxious to structure definite goals and objectives to
resolve the Air Traffic Noise problem in our community. After
visiting with Representatives of M.A.C., M.P.C.A., the F.A.A. and
an attorney who has expertise in air traffic noise it is obvious
that resolution of the problem is not easy. However, through
several meetings it is obvious that the Committee is beginning to
target on specific issues and therefore it is suggested that
August and September be regarded as a wrap -up for the fact finding
and that definite objectives be prepared and a presentation made
to the City Council during the fall. Whether a lawsuit is
suggested or some other form of action a definite report with some
recommendations and conclusions should be prepared and offered to
the City Council and community.
The agenda for this regular meeting is to discuss the presence at
the upcoming Metropolitan Aircraft Sound Abatement Council meeting
which is scheduled for the same evening. Those members of the
Committee that were present at the last meeting feel that our
representation at the M.A.S.A.C. meeting is essential. This is the
reason the meeting was changed from the normal 4:15 p.m. to 6:00
p.m. Please attempt to be present for this work session and
hopefully attend the M.A.S.A.C. meeting. This office has contacted
the media and stress the importance of Eagan residents attending
this M.A.S.A.C. meeting as well as other meetings in the future.
Read the minutes of the last M.A.S.A.C. meeting and agenda for the
up- coming meeting on July 24, and pay special recognition to the
number of residents that were present from the City of Mendota
Heights. It is essential that Eagan begin promoting representation
at the M.A.S.A.C. meetings if any relief is to be given to air
traffic noise over our community.
I will be on vacation this coming week, however Paul Hauge and
Dale Runkle will be facilitators at the meeting on Tuesday and I
can only stress the importance of persons attending both this
Committee meeting and M.A.S.A.C. meeting. I have coordinated with
both newspapers news releases for the upcoming M.A.S.A.C. meeting.
C\WINV,A ( V\Ig•=---
City Administrator,
TH /sl J
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 laches 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
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
CITY OF EAGAN
MINUTES OF AIRPORT NOISE COMMITTEE
JUNE 26, 1984
A meeting of the Eagan Airport Noise Committee was held on Tuesday, June
26, 1984 at 4:30 p.m. at the Eagan Municipal Center. Those present were City
Administrator Hedges, John Gustin, Carol Dezois, Bob Swenson, Dave Randall and
City Attorney Paul Hauge. Also present were Les Case and Robert Botcher from
the FAA, David Kelso from the MPCA and Darrel Weslander of the MAC.
Mr. Case, the Air Traffic Manager of the FAA and Robert Botcher, the
Assistant Manager, appeared and discussed the role of the FAA, the air traffic
and the noise generated from the air traffic at the Metropolitan Airport. He
indicated that the air space allocation has been given by Congress to the FAA
and the objective is for safe, orderly and expeditious flow of traffic. In
addition, they now have acquired the noise issue and there was discussion
concerning complaints that have been received in the Eagan area. He indicated
the Cedar Avenue departure has resulted from the Howard - Needles report, but
there has been no decision on the experiment at this time. Eventually, it
will be an FAA decision whether to make the experiment permanent.
Mr. Case indicated that the FAA has jurisdiction over any aircraft below
3,000 feet. He indicated that the preferential runway system on the north end
of the City of Eagan has not changed since 1972 and that there is no pilot
discretion as to procedures to follow. He admitted that Eagan has a dispro-
portionate amount of the traffic and that volume of traffic has increased
dramatically because of deregulation, although the number of passengers has
not increased substantially. He further stated that air carriers create the
most noise. His suggestions as far as the Eagan City Council is concerned is
a joint committee with Mendota Heights and also that the City insist that the
preferential runway corridor be adhered to. Also, he suggested that eleven
left and right flights run at 105 degrees rather than straight out runway
heading.
Darrel Weslander, the MASAC Noise Coordinator, indicated that the heavy
traffic is during the busy hours of 7:00 a.m. to 4:00 p.m. He further stated
the Supreme Court has given MAC jurisdiction over sound abatement procedures
in the area noting the proprietor has the liability for the noise.
There were objections by members present concerning the run -ups and it
was noted the FAA controls run -up procedures with the policy being that air-
craft are to use the run -up pad. Eleven percent (11 %) of the newer aircraft
include the state's three quieter planes, according to information received.
Dave Kelso of the Minnesota Pollution Control Agency, Noise Section,
indicated the MPCA standards do apply but that the standards are difficult to
enforce and that the attorney general's office has chosen not to do so.
1
Noise Committee Minutes
June 26, 1984
An alternate for legal action would be for the City to commence an action
against the MPCA to enforce standards to determine whether it has jurisdiction
and this could be done in the form of a declaratory judgment action. Other
suggestions given were landing fees based on the amount of noise that is
created, suppressors, legislative pressure, land use planning and compliance
with land use compatibility guidelines.
ADJOURNMENT
There being no further business, the meeting adjourned at 6:10 p.m.
PHH
2
CITY OF EAGAN
MINUTES OF AIRPORT NOISE COMMITTEE
JULY 24, 1984
A regular meeting of the Eagan Airport Noise Committee was held at the
City Municipal Center on July 24, 1984 at 6:00 p.m. Those present were Members
Dezois, Gustin, Swenson, Baker, Randall, Harrison and Giblin. Also present
were City Planner Dale Runkle and City Attorney Paul Hauge.
MINUTES
Bob Swenson moved, John Gustin seconded the motion to approve the minutes
of the regular meetings of June 26, 1984 and July 10, 1984. All voted yes.
GENERAL HEFTING
Mr. Runkle convened the meeting and informally reviewed the scope of what
he understood would take place at the MASAC meeting scheduled for July 24,
1984 at 7:30 p.m. relative to the resolution adopted by the Mendota Heights
City Council. He indicated that he had talked with a Minneapolis Star and
Tribune reporter and statistics concerning the take -offs and landings on
runways 29 R and L and 11 L and R were discussed. It was noted that this was
the first set of statistics on the take -offs and landings but it was unknown
specifically what the numbers covered.
It was noted that the MAC Operations Committee will meet on Thursday,
( July 26, 1984 at 3:00 p.m. and Tom Baker will be present.
The members present discussed at length the overflights, including small
aircraft which have increased in intensity drastically during the current
summer, that the preferential runway through Eagan is being used during all
the curfew hours from 11:00 p.m. to 6:00 a.m. according to information re-
ceived, including both take -offs and landings and the intensity of the run -up
noise from the airport area has increased dramatically.
There was discussion regarding the Mendota Heights Resolution and the
purpose of the Resolution appears to be to close 11 Left over Mendota Heights,
and that the planes return to a 105 degree heading. It was suggested that the
committee detail its findings and that they be submitted to the City Council
and to the FAA in Washington, together with all other appropriate agencies.
The possibility of hiring persons to take account of aircraft, videotaping the
aircraft and contacting legislators and congressmen were also discussed.
The next meeting will be held on August 7, 1984 at the Municipal Center
at 4:15 p.m. and representatives from the Metropolitan Council will be asked
to be present. Representatives from the Metropolitan Airport Commission will
be asked to be present at the regular meeting on August 21, 1984.
ADJOURNMENT
The meeting adjourned at 7:00 p.m.
PHH
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CITY OF EAGAN
MINUTES OF AIRPORT NOISE COMMITTEE
AUGUST 7, 1984
A regular meeting of the Eagan Airport Noise Committee was held at the
City Municipal Center on August 7, 1984 at 4:30 p.m. Those present were
Members Gustin and Baker. Absent were Dezois, Swenson, Randall, Harrison and
Giblin. Also present were City Administrator Hedges, City Planner Dale Runkle
and City Attorney Paul Hauge.
City Administrator Hedges chaired the meeting and introduced Mark Ryan,
the Transportation Planner with the Metropolitan Council. Mr. Hedges
indicated that Jeff Hamiel of the Metropolitan Airports Commission will be the
guest at the next meeting scheduled for August 21, 1984 at 4:15 p.m. at the
Municipal Center.
Mr. Ryan discussed the six systems in which the Metropolitan Council is
involved, including the airports chapter that was adopted originally in
December of 1977. It is intended to cover aviation planning at least until
the end of the century and it was noted that an amendment had recently been
adopted to the plan. There are several classifications of airports, including
a map of Minneapolis -St. Paul International Airport, intermediate and small
minor airports. He stated that general aviation has decreased substantially
in the last five years because of the economy. There was discussion
concerning the occupancy of commercial airlines noting that it is down, the
number of smaller aircraft, e.g. commercial is higher, and that passenger
activity remains about even.
He indicated some trends noted by the Metropolitan Council include the
fact that MSP International Airport will not be moved, that aircraft activity
will increase and there is an effort to divert general aviation away from Wold
Chamberlain.
He stated that land use planning guidelines recognize the worst case
senario and primarily are of a preventive nature, allowing cities to plan to
cope with noise problems.
He showed the approximate Cedar Avenue departure pattern on an overlay on
an area map. He further indicated that the MAC first proposed the
diversionary plan and the FAA is now participating in the experiment. The 4-
22 departure came because of the objections from the Minneapolis- Richfield
area residents and generally the aircraft fan to the south along the Cedar
Avenue corridor.
Federal regulations have been proposed to prohibit second generation
aircraft from being manufactured after 1985 noting they are louder than the
third generation aircraft. He stated that the Metropolitan Council authority
only is within the planning area and it has no input in noise abatement
operations planning. He also discussed the liability for noise control issue