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02/28/1985 - Airport Relations Commission CITY OF EAGAN AIRPORT NOISE COMMITTEE MEETING THURSDAY FEBRUARY 28, 1985 4:30 P.M. • T. 'Roll Call & Minutes II. Joint Noise Committee III. Legislative Update IV. Update on MASAC's 2 -Year Experiment V. Other Business MEMO TO: ALL MEMBERS OF THE AIRPORT NOISE COMMITTEE FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 25, 1985 SUBJECT: AIRPORT NOISE COMMITTEE MEETING FOR FEBRUARY 28, 1985 A meeting of the Airport Noise Committee was scheduled for February 28, 1985, at 4:30 P.M. at the last regular meeting. The meeting is scheduled for Conference Rooms A & B of the Eagan Municipal Center Building. The following discussion is intended to provide background on each agenda item at the meeting on Tuesday. MINUTES A copy of the regular minutes of the Eagan Noise Committee meeting for February 12, 1985, are enclosed for your review. These minutes, subject to any change, require adoption by the Committee. JOINT NOISE COMMITTEE Chairman Baker and the City Administrator will provide background on the Joint Noise Committee meeting which is scheduled for Tuesday, February 26, with the Cities of Mendota Heights and Burnsville. It is anticipated that a representative of the City .Administrator's Office and the Chairman of each Noise Committee from those respective cities will be present for the meeting. The purpose of the meeting is to discuss the feasibility of creating a Joint Noise Committee comprised of Dakota County cities with the potential of expanding the Committee at other communities which are located adjacent to the Metropolitan Airport. LEGISLATIVE UPDATE The City Administrator and City Attorney will provide a legislative update on the meeting on Thursday. Administrative Intern Jon Hohenstein has contacted Representative Wes Skoglund to discuss options to sponsor legislation pertaining to airport noise. Attached is a memorandum prepared by Administrative Intern Hohenstein regarding his conversation with Representative Skoglund. The statued reference in item 1 of Administrative Intern Hohenstein's memorandum is Minnesota Statute 473.608 Subdivision 20. This legislation is sponsored by Representative Skoglund. The effective date has been changed several times since its enactment. While design selection is slated from March 1, 1985, Representative Skoglund indicated that insulation is to take place sometime in -the summer of 1985. He doubts the airport will comply with the deadline or that it will be changed. Also Minnesota Statute 473.612 is also interesting. MPCA rules 6 MCAR 4.2001 (15 +) 16, are not included as new rules are being forwarded by Representative Skoglund's Office. They will be available to the Commission when we receive them. Please refer to a copy of those Statutes attached to Administrative Intern Hohenstein's memorandum. Airport Noise Committee Meeting February 25, 1985 Page 2 UPDATE ON MASAC'S 2 -YEAR EXPERIMENT The February 21, 1985, Operation Committee meeting was rescheduled for Wednesday, March 6, 1985. The purpose of this upcoming meeting is to further study and discuss the 180 degree turnoff runway 22. The meeting on March 6, will begin at 4:00 P.M. at the Metropolitan Airport Commission Executive Offices. Enclosed is a copy of a rather lengthy memo and copy of a report relating to the • 2-year experiment or more commonly referred to as the 180 degree turn. OTHER BUSINESS There is no other specific business entitiled Other Business at the time of packet preparation. ( a 0 M.a.43 4 613 1 .V.A City Administrator •TLH /sl cc: Dale Runkle, City Planner Paul Hauge, City Attorney Jon Hohenstein, Administrative Intern • MINUTES OF THE EAGAN NOISE COMMITTEE EAGAN, MINNESOTA FEBRUARY 12, 1985 The Eagan Noise Committee met at the City Hall on February 12, 1985 at 4:30 p.m. Those present were Chairman Tom Baker, Members Joe Harrison and John Gustin. Also present were City Administrator Thomas Hedges, Administrative Intern John Hohenstein, City Planner Dale Runkle, and City Attorney Paul Hauge. MEETING OPENING Chairman Baker convened the meeting and Tom Hedges reviewed the proposed agenda for the meeting. He indicated that there had been no response to the November 28, 1984 letter to Lawrence McCabe, the Chairman of the Metropolitan Airports Commission regarding the City Council's request for action in the general area of air noise over the City. After discussion, Mr. Gustin moved', Mr. Harrison seconded the motion to request that the Committee recommend to the City Council that the Administrator forward a letter to Mr. McCabe requesting that action be taken based upon the Administrator's November 28, 1984 letter. All members voted yes. LEGISLATIVE REPORT Paul Hauge, the City Attorney, reported on his contact with representative Art Seiben, concerning proposed legislation before the 1985 Minnesota Legislature. He indicated that no specific legislation had been drafted and submitted at the present time, but that Mr. Seiben would be receptive to reviewing such legislation if recommended by the Committee and the City Council. Areas suggested for review included recommending that legislation be adopted requiring that standards of flight noise be implemented by the respective agencies. This would include the right to cite violations against airlines, that the Cities would have the right to do so, or individuals who have been damaged, be offered the opportunity to do so. Areas here included excessive noise from overflights, violation of traffic patterns, including preferential runway, the respect for nighttime hours and runups. JOINT NOISE COMMITTEE It had been recommended by the Eagan City Council that Mendota Heights and Burnsville representatives be invited to assist the Eagan Noise Committee in formulating a multi - community committee dealing with air noise in the northern Dakota County area. It was therefore recommended that the three chairpersons of each of the City's meet, together with staff people and prepare a list of suggestions, primarily for submission to the 1985 legislature. It was suggested that a meeting be held at 12:00 noon on February 26, 1985 and the City Administrator be requested to organize the meeting. 1 Noise Committee Minutes February 12, 1985 MASAC'S 2 -YEAR EXPERIMENT There was considerable discussion relating to the effect of the two -year experiment implemented by the FAA and MAC concerning diverting flights from over the Eagan /Burnsville /Mendota Heights areas, and it was noted that MASAC is now studying the experiment and at its next meeting, there will be further findings regarding the project. The staff was requested to acquire as much information concerning the background, the findings of MASAC regarding the two -year experiment, the recommendation of MAC, whether an EIS is necessary to continue the experiment, and whether hearings will be held regarding its continuance. GENERAL It was suggested that Congressman Frenzel be contacted and invited to a committee meeting to discuss any existing or potential Federal legislation and assistance from the federal level that could be acquired for alleviating the noise over Eagan. In addition, Representative Wes Skogland from Minneapolis, should be contacted regarding air noise in the Minneapolis area, and any legislation or other information that would be helpful to the Eagan committee. AIRPORT RUN -UPS Committee members discussed the infractions of the rules that were supposedly implemented by MAC and MASAC regarding reducing run -up noise, including berms and baffles. Serious violations had taken place according to Committee members. 1985 LEGISLATIVE PROPOSALS After lengthy discussion, Gustin moved, Harrison seconded the motion that the Committee recommend to the City Council that it study and draft and submit legislation to the 1985 legislature regarding air noise, covering the following topics: 1. Legislation to require that specific measures be taken to reduce the impact from run -up noise, including berms and other noise reduction devices, and further, that other steps be taken to reduce run -up noise, including use of run -up pads 24 hours a day and that such legislation provide for fines and penalties for violations. 2. Restructuring of MASAC into a Wold- Chamberlain Noise Authority (WCHNA) to provide for representatives from the surrounding Cities, citizens from each of the communities, agencies, including MAC, PCA, MnDOT, and Metro Council, etc., but that no airline representatives be included, with enforcement either by the Noise Authority or the Pollution Control Administration. 3. A two -year experiment or moratorium be implemented extending the two - year diversionary flight experiment to determine whether any adverse environment impact has been created during the past two years, and further that the airlines be required to Follow the 180 degree departure heading from Runway 22 until a final decision as to whether the experiment should be nnnf i nitnri Noise Committee Minutes February 12, 1985 4. Legislation that all aircraft be required to follow the prescribed preferential runway pattern for departures and landings over Mendota Heights and Eagan. 5. The Council should invite direct input from Representative Frenzel and other Minnesota Congressmen and Senators to assist in implementing strict adherence to noise guidelines within the general area. All members voted in favor. NOISE CORRIDORS Mr. Gustin moved, and Mr. Harrison seconded the motion to recommend to the City Council that all necessary steps be taken to require that aircraft utilizing 11L and 11R arrivals and departures, stay within the noise corridors pursuant to the agreed upon traffic pattern along the general I -494 corridor for a distance of 5 miles from the end of the runway, and that no turns be permitted beyond the 105 degree heading, with the understanding the MAC will' be responsible for enforcement of such restrictions. All members voted yes. NEXT MEETING • The next meeting was scheduled for February 28, 1985 at 4:30 p.m. at the City Hall. PHH • 3 MEMO TO: AIRPORT NOISE COMMISSION MEMBERS FROM: ADMINISTRATIVE INTERN H©HENSTEIN DATE: FEBRUARY 25, 1985 SUBJECT: SKOGLUND LEGISLATION /MASAC OPERATIONS COMMITTEE MEETING Representative Wes Skoglund (296 -4330) periodically sponsors legis- lation pertaining to airport noise of various kinds. In our conversation he said: 1. Legislation currently exists requiring a stationary noise suppressor to be used in all run -ups by the summer of 1985. I will attempt to locate this statute and have a copy ready for your next meeting. 2. He does not anticipate introducing any significant noise abatement legislations for duration of the Independent - Republican control of the House. 3. The airport probably will not comply with the suppression legislation or any other extremely restrictive regulations, but he feels the presence of legislation causes them to reduce abuses to prevent enforcement. For instance, run -ups have gove from several thousand per year a few years ago to several hundred per year currently. In effect, they drive 65 when the law is 55, but would probably do 80 if the limit were higher. 4. The PCA is approving new definitions of "noise" which he will forward to us. If there are questions about them, contact Dave Kelso at PCA. As an aside, the MASAC Operations Committee meeting has been postponed from February 21, 1985, to Wednesday, March 6, 1985, at 4:00 at the MAC offices, 6040 28th Avenue South in Minneapolis. This is a working session with the MASAC hearing to be held at a later date. While attendance is not prohibited at the Operations Committee meeting, they request that any shows of force take place at the MASAC or MAC meetings. 11L la I 1 A _ .ate A•j Intern JH /jj _ ' t,, c r` a .r.� �. •�.t z.rw+. ,t� L tis i '}, «... -.F. fi r _.: R rf.. � ;- a = * , - `' - >~ 'r7? e�fn 3 re,.. +k a1�,...i t . , ra ; i � ,- w. • -.^-v . S - ti, . , `„a,. n-t� z, w e,,, c S � c. r , ;k � �, 5 � k .' ' 4, ` : "�,?` ` 3 +.-' '.. t '�c � . . " i, - 411 `, •r''`•! ' ' t - .r*,iY A- • '. ""' , Ztg, � - ' -d'� j'1? .. '^ .. c _~ r k . ` s ) a�`s' ,,t *(, "mob ° t 'i�• _ ; - t:: ;tag - :p ; ",i :. �Y' Fr �. w,,,,. ' ; k .. t r a. 1 s4 �'sz •" � 1 , a p ;a , T1' Fi�+X A. +r Y" u st?:a i 7 4 x r i. a ^ a . l. c u § 473.608 METROPOLITAN GOVERNMENT METROPOLITAN GOVERNMEN': on them after the required notice. The rules, regulations, or ordinances shall not until December 31, 1987, the commis be adopted and enforced until after the hearing. the reduction of aircraft noise in me (5) Notice of the adoption of rules, regulations and ordinances shall, as soon as possible abatement plan: after adoption, be published in appropriate legal newspapers of general circulation in the Added by Laws 1981, c. 27, § 3. metropolitan area. Proof of publication and a copy of the rule, regulation, or ordinance Laws 1981, chapter 27, whici shall be filed with the secretary of state. They shall then be in full force and effect this act applies to the counties (6) Any person substantially interested or affected in his rights as to person or Scott and Washington. property by a rule, regulation or ordinance adopted by the corporation, may petition the • 'corporation for reconsideration, amendment, modification, or waiver of it. The petition Library References shall set forth a clear statement of the facts and grounds upon which it is based. The Aviation X216. corporation shall grant the petitioner a public hearing within 30 days after the filing of C.J.S. Aeronautics and Aerospace §§ the petition. [See main volume for text of subds. 18 and 191 473.626. Valuation and assessme: The county assessor of the tour. r Subd. 20. Subject to the final enactment of the Airport and Airways Development Act assess the taxable property said s in Amendments of 1975 the corporation shall install aircraft noise suppressing equipment at the county in which such in aid the ground run -up operation sites of the Minneapolis -SL Paul International Airport. All such aircraft noise suppressing equipment shall conform to specifications approved by the Amended by Laws 1981, 1st Sp., c. 1, a pollution control agency. The deadline for design selection shall be no later than March 1, 1981 Amendment. Substituted coup 1--1985. sor of the county in which the property Subd. 21. The corporation shall establish one joint airport zoning board for each ed for commissioner of revenue. airport operated under its authority in accordance with section 360.063, subdivision 3, -lause (5). Notwithstanding the provisions of section 360.065, subdivision 1, mailed notice 473.641. New airport; public hea o property owners is not required for hearings concerning adoption of zoning regulations [See main is by a joint airport zoning board for Minneapolis -St. Paul International Airport. [ Amended by Laws 1979, c. 302, § 4, eff. June 1, 1979; Laws 1980, c. 450, § 2, eff. April 4, 1980; Subd. 4. Notwithstanding any Laws 1981, c. 27, § 2; Laws 1983, c. 330, § 2, eff. June 15, 1983; Laws 1983, c. 359, § 67. not use revenue from any source, . Laws 1980, Chapter 450, which amended subd. 20 of this section, provided in facilities to expand or upgrade the intermediate use status as clef: i to n section 3: "This act applies in the area included in the counties of Anoka, t c o chapter, adopted pursuant to seetil Carver, Dakota, Hennepin, Ramsey, Scott and Washington and is effective the day after final enactment," Amended by Laws 1980, c. 614, § 154, Laws 1981, chapter 27, which amended subd. 20, provided in section 4 that this act applies to the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, 1980 Amendment. Added subd. 4. Scott and Washington. 473.653. Restrictions on certain 1979 Amendment. Added subd. 21. subd. 20, and advanced the design selection The metropolitan airports comp deadline. See, also § 473.612. airport owned by it that would re 1980 Amendment Added design selection 1983 Amendments. Laws 1983, c. 330, substi - y and provided a December 31, 1980 deadline in length at the airport. Retention c tuted "1985" for Amendments. Laws at end of subd. 20 g subd. 20. Laws 1983, c. 330, § $, provides: by the metropolitan airports comma 1981 Amendment. Deleted the portion of the "This act applies in the counties of Anoka, a minor use to an intermediate us sentence reading: "The pollution control agency Carver, Dakota, Hennepin, Ramsey, Scott, and Laws 1983, c. 301, § 232. shall determine the deadline for design selection Washington." and installation of the aircraft noise suppression Laws 1983, c. 359, removed obsolete refer Library References equipment provided" from the last sentence of ences to justice of the peace and magistrate. Aviation f e 223, 224. t C.J.S. Aviation §§ 19, 63, 64. 473.612. Noise abatement plan s r 1 By December 31, 1981 the commission shall submit to the legislature a noise abatement 4 t 473.666. Bonds, legal investmen plan for the Minneapolis-St. Paul International Airport, containing annual objectives until Bonds legally issued pursuant tc December 31, 1987, tor reduction of aircraft noise within the metropolitan area. The plan S, or supplemental thereto, may be shall contain definite proposals for specific annual reducticns in the maximum hourly permanent school fund, permanen noise levels, such as defined by Minnesota pollution control' agency rules, 6 MCAR I ment land funds, or any other tru: 4.2001(15) and (16), based on the typically worst noise condition on an hourly basis I , administered by such board, an received in populated residential areas. By December 31, 1982, and each year thereafter , provisions of section 50.14, and sl . t' 288 MInn.SJ1. -3 54 1984 P.P. 1- A 41" --4.; r.'d' d"c '"'r..F i� kR -2s�, "' ► ' �} Z .etE' $ J� - e'� t! ,, : - -+, 4:'. - - - - - T re . ' 1 7 , , rte s y* +.t - - -; s - S F S t.. Y ' ,:• , ? ' - � .{ L y r -,-, `f � ' ' �3 s , c . 4 .P ; t4 `` +'> F `y �' 7 �i� s ° ' - h1'� y ?w,'c r_a . -1, :'- c • --y ti -.-44- ° � ,, ;,0 ; i x z - �L1a? , w : . k � yy , � , q , ? �- F , -. -1 . 4 ? ; .a• ' T spa 7' 40, '�rC �� `k ' K , yea -�., l 'r 1r- ° . 3 ' t, '"` '' * .;1? 3 'V, . '1a 4-221q.. 0+6 '. :4,1 1 ' '::' T: - w t% f •Fe'IV'TV ,....0....t1" `i:.. u. �� � i4�^ • C� a� tF ����' S;'r'�-. a�3a' �'�'_ a9 ��,�yt3� _ ..�' �� ... ?�d��a`�i a 'w" L • METROPOLITAN GOVERNMENT METROPOLITAN GOVERNMENT § 473.666 , regulations, or ordinances shall not until December 31, 1987, the commission shall submit to the legislature a report detailing -- the reduction of aircraft noise in meeting the annual objectives outlined in the above noise 1 ordinances shall, as soon as possible abatement plan. _ J spapers of general circulation in the Added by Laws 1981, c. 27, § 3. • of the rule, regulation, or ordinance Laws 1981, chapter 27, which created this section, provided in section 4 that gall then be in full force and effect. this act applies to the counties o f Anoka, cted in his rights as to person or Scott and Washington. Carver, Dakota, Hennepin, Ramsey, . by the corporation, may petition the cation, or waiver of it. The petition Library References :rounds upon which it is based. The Aviation 4=216. • ng within 30 days after the filing of C.J.S. Aeronautics and Aerospace §§ 70, 119. ubds. 18 and 19] 473.626. Valuation and assessment of taxable property in detached area The county assessor of the county in which the property is situated shall value and airport and Airways Development Act assess the taxable property in said area and shall report the same to the county auditor of craft noise suppressing equipment at the county in which such property is situated on or before October 1 of each year. is -St. Paul International Airport. All •orm to specifications approved by the Amended by Laws 1981, 1st Sp., c. 1, art. 8, § 18, eff. Jan. 1, 1982. , _ lection shall be no later than March 1, 1981 Amendment. Substituted county asses- . sor of the county in which the property is situat- joint airport zoning board for each ed for commissioner of revenue. with section 360.063, subdivision 3, n 360.065, subdivision 1, mailed notice 473.641. New airport; public hearing .erning adoption of zoning regulations Paul International Airport. [See main volume for text of subds. 1 to 3] Laws 1980, c. 450, § 2, eff. April 4, 1980; Subd. 4. Notwithstanding any other law, the metropolitan airports commission shall une 15, 1983; Laws 1983, c. 359, § 67. not use revenue from any source, as described by section 473.608, for construction of air >d. 20 of this section, provided in facilities to expand or upgrade the use of an existing metropolitan airport from minor use 'uded in the counties of Anoka, to intermediate use status as defined by the metropolitan development guide, aviation i Washington and is effective the chapter, adopted pursuant to section 473.145. Amended by Laws 1980, c. 614, § 154, eff. April 25, 1980. d. 20, provided in section 4 that - -ver, Dakota, Hennepin, Ramsey, 1980 Amendment Added subd. 4. 473.653. - -Restrictions on certain airports. 20, and advanced the design selection The metropolitan airports commission shall not take any action with respect to an fine. See, also, § 473.612. airport owned by it that would result in a permanent net reduction in useable runway 3 Amendments. Laws 1983, c. 330, substi length at the airport. existing runway length airport "1985" for "1983" at end of subd. 20. g rp Retention of existin useable runwa len at an a ort owned vs 1983, c. 330, § 3, provides: by the metropolitan airports commission shall not cause the airport to be reclassified from its act applies in the counties of Anoka, a minor use to an intermediate use airport. T, Dakota, Hennepin, Ramsey, Scott, and Laws 1983, c. 301, § 232. ington." ws 1983, c. 359, removed obsolete refer Library References to justice of the peace and magistrate. Aviation 4=223, 224. C.J.S. Aviation §§ 19, 63, 64. • nit to the legislature a noise abatement 473.666. Bonds, legal investments for public funds port, containing annual objectives until Bonds legally issued pursuant to sections 473.601 to 473.679 or acts amendatory thereof within the metropolitan area. The plan or supplemental thereto, may be purchased by the state board of investment for the al reductions in the maximum hourly permanent school fund, permanent university fund, swamp land fund, internal improve - ution control agency rules, 6 MCAR ment land funds, or any other trust fund of the state of Minnesota, or for any other fund •t noise condition on an hourly basis administered by such board, and shall be deemed authorized securities within th fiber 31, 1982, and each year thereafter provisions of section 50.14, and shall be proper for the investment of capital, surplus, 268 Minn.S.A.-3 55 1984 PP. t ■ fi k . A A � S t o S � c S Z' F <.. ✓ s" s K , � ts i f js .. :.2, ', 'fit Y `�"-;._ } ac 4. - 4 - Le. , `5. y , .- _ P' . d .„ `,' ` W p ,t r � b k - � ,2...;.t .' „!:„1. ., • ,,s e4 'J -= .." h . Y .f ;x ._M; « � y � rN ° r . .a .. .. � .? ,4. .:_ -t^ A ' � Y.... ,n ,..., . Noise Committee Minutes February 28, 1985 (7 RUN —UP LEGISLATION It was noted that March 1, 1985 is the deadline for design selection for the installation of aircraft noise suppressing equipment at the ground run —up operation sites of the Minneapolis /St. Paul International Airport. The staff was requested to acquire more specific information as to the status of the selections. Harrison moved, Gustin seconded the motion to request the staff to investigate the potential for an engineering plan for berming and baffling of the run —up area, including potential funding for such purposes. All members voted yea. LEGISLATORS The staff was requested to contact Representative Frenzel and Senator Duerenberger and attempt to set up meetings with them and acquire whatever information is applicable relating to noise suppression. LEGISLATIVE MORATORIUM After discussion, Gustin moved, Harrison seconded the motion to recommend to the City Council that it investigate the potential for submitting legislation for a moratorium covering the 180 degree turn, to be effective until an Environmental Impact Study is completed and approved and there is full compliance by the Metropolitan Airports Commission with all statutory regulatory requirements regarding noise attenuation, including the noise abatement plan under MSA 473.612; and further that the Burnsville Representatives be requested to Loin in such legislation. All members voted in favor. RUN —UP COMPLIANCE Gustin moved, DeZois seconded the motion to recommend to the City Council that it request the staff to determine whether M.S.A. 417.608, Subd. 20 regarding design selections for aircraft run —up noise suppression equipment, has been complied with by MAC and if it has not been complied with, that the City Council take necessary steps to assure compliance, including requesting the Attorney General's office to enforce compliance; further, that the Council review this issue at its regular March 19, 1985 Council meeting. All members voted affirmatively. NEXT MEETING Harrison moved, Gustin seconded the motion to schedule the next meeting of the Eagan Noise Committee for Thursday, March 14, 1984 at 4:30 p.m. at the Eagan Municipal Center. All members voted yes. 2 Noise Committee Minutes February 28, 1985 C REGULATION FOR RUN -UP HOURS After considerable discussion, Giblin moved, Gustin seconded the motion to recommend to the City Council that run -ups at the Minneapolis /St. Paul International Airport be restricted to specified hours until the noise suppression equipment has been installed, which run -ups should be prohibited prior to 10:00 a.m. on weekends and other restricted hours as recommended by the staff to the City Council. All voted yes. ADJOURNMENT Upon motion duly made and seconded, the motion was adLourned at 6:15 p.m. All voted in favor. PHH C 3