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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 i ( 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