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11/25/1985 - Airport Relations Commission k ( city of eagan 3830 PILOT KNOB ROAD, P.O. BOX 21199 BEA BLOMQUIST EAGAN, MINNESOTA 55121 Mayor PHONE: (612) 454 -8100 THOMAS EGAN JAMES A. SMITH JERRY THOMAS November 25, 1985 THEODORE embers R Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk ADMINISTRATIVE LAW JUDGE ALLAN KLIEN OFFICE OF ADMINISTRATIVE HEARINGS 400 SUMMIT BANK BUILDING 310 FOURTH AVENUE SOUTH MINNEAPOLIS, MN 55415 RE: PROPOSED AMENDMENTS TO MINNESOTA RULES PARTS 7010.0100 THROUGH 7010.0700, STATE NOISE STANDARDS Dear Judge Klien: I write to express the concern the City of Eagan has regarding certain elements of the proposed amendments to the State Noise Standards. These concerns lie in several areas. Thoses areas are the amendment's tendency to increase municipal liability for noise impacts, its failure to establish physical boundaries of noise effect, its failure to address the issue of enforcement against the airport operator and its deviation from the Metropolitan Council Guidelines. In the first of these areas, the City of Eagan opposes the language in Part 7010.0030 Noise Control Requirement which states in part that: "Any municipality having authority to regulate land use shall take all reasonable measures within its jurisdiction to prevent the establishment of land use activities listed in noise area classification (NAC) 1 - in any location where the standards established in parts 7010.0040 are being or will be exceeded." Clearly this establishes a legal responsibility on the part of the municipalities should a land owner take action for injury arising from aircraft noise. This provison runs counter to the legal precedents which place responsibility for ground effects of airport noise on the airport operator. By promulgating such a rule, the MPCA will open a Pandora's, box of inverse condemnation proceedings against numerous municipal neighbors of the metropolitan airports. THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY JUDGE ALLAN KLIEN NOVEMBER 25, 1985 PAGE TWO Aside from pre - empting a field occupied by the airport operators, this requirement would place cities in the tenuous position of defending themselves in an area in which they lack expertise and are therefore ill- equipped to either meet the requirements placed upon them or defend themselves in such actions. Moreover, such actions would seem attractive to frustrated homeowners currently precluded from effective suits against airport operators due to the cost and expertise necessary to conduct them. This would be especially difficult for local governments in this time of escalating insurance rates. Our second area of concern involves the failure of the proposed amendment to delineate a specific geographic contour describing the area in which the noise standards "are being or will be exceeded." Without specific boundaries, property owners affected by airport noise could prove that the standards are exceeded at their property through the standard methods of measurement and pursue damages against the City. Therefore, it would become necessary for the City to expend time, effort and money in taking measurements to define the area prior to taking action to meet the requirements of the rules. Obviously, this places the cities surrounding the airport at the whim of the airport operator and the departure controller. Variations in flight paths and changes in procedure, compounded by the increase in air traffic volume, could shift and expand the areas included on a periodic, if not day -to -day, basis. Such a circumstance would make land use planning impossible as long -term land use decisions would be completely subject to the periodic variations of one external factor. This places an undue burden on the local government by raising its liability in an area over which it can have no control. A third concern involves the issue of enforcement. The Minnesota Pollution Control Agency is promulgating a new rule structure which broadens the definition of areas affected by noise and places new burdens on local governments. There is nothing about the rules, however, which would enhance the ability of the MPCA to enforce the rules against the source of the noise, namely the airport operator. Obviously, cities should be concerned by this because the MPCA has a history of enforcing its regulations against cities as cities are clearly within their jurisdiction. The agency has been less willing to enforce its rules against the political entities such as the Metropolitan Airport's Commission and the FAA over which they have uncertain authority. Thus, the avenue is opened for the MPCA to enforce its rules against local municipalities while adding no incentive or power for it to enforce its rules against the airport. Clearly, the result of JUDGE ALLAN KLIEN NOVEMBER 25, 1985 PAGE THREE this situation is that the cities affected by the airport will be forced to take remedial action while the noise generation of the airport will be neither affected nor diminished. Finally, we are concerned that the rules proposed duplicate the Metropolitan Council Land Use Compatibility Planning Guidelines in nature, yet deviate from them sufficiently to limit the City's abilities to develop or redevelop within the Metropolitan Council Guidelines. If such categories are to be presented, it would be best if they were to coincide in major part with the Metropolitan Council Guidelines in order that logical consistency be maintained between agency rules and regulations. We appreciate this opportunity to address these concerns to you. If you have any questions about them, please do not hesitate to contact me. Thank you for your kind attention to this matter. Sincerely yours, (" cVA.J Thomas L. Hedges City Administrator cc: Dave Kelso Larry Shaughnessy Steve King TLH /db Administrative Offices 111 rir CITY OF MENDOTA HEIGHTS November 19, 1985 Honorable Allan Klein Administrative Law Judge MPCA Noise Standards Hearing 400 Summit Bank Building 310 Fourth Avenue South Minneapolis, Minnesota 55415 Dear Judge Klein: The City of Mendota Heights is a community located immediately east of the Metropolitan Airport and bisected by two major freeways, 494 and 35E. For many years, the City has been concerned with the effects of aircraft noise exposure. We receive approximately 50% of the overflight operations originating at the International Airport. Over 20 years ago, the City took steps, through zoning of land, to provide a corridor in which aircraft noise exposure would not be a deterent to those on the ground. Since that time, we have been active to preserve the integrity of this area, and to confine the aircraft operations to this area. Both the Metropolitan Airports Commission and the Federal Aviation Administration have been cooperative in this effort, and through our City Planner, John Shardlow of Howard Dahlgren Associates, we participated in development of the Metropolitan Council Airport Guidelines, although we are concerned that the noise profiles used in developing those guidelines are statistical models that presume aircraft stay in a prescribed corridor while in reality this is difficult to achieve. Attached is a copy of a letter from Mr. Shardlow commenting on the proposed new MPCA noise regulations and expressing our frustrations which relate to the development of these new regulations. Our City objection to the proposed regulations pertains to two aspects, but centers around the primary fact that the regulations contain no mecha- nism by which the City can determine how to comply with the regulation's suggestion that zoning and building codes be changed to respond to aircraft noise levels. The first area of concern is that of legal exposure to the City. Section 7010.03 implies City liability to limit non- conforming land uses and is not totally consistent with adopted Metropolitan Council guide- lines. It is also apparent that any attempt at compliance with the regula- tions may expose the City to property owner claims for inverse condemnation. 750 South Plaza Drive • Mendota Heights, Minnesota 55120 • 452 -1850 Honorable Allen Klein Page Two Administrative Law Judge November 19, 1985 Overall, the regulations present an unwarranted attempt to impose a liability on the City through the enforcement requirements. Property owners have expressed to City Council that enforcement could diminish permittable use of their property and could result in the City exposure to reverse condemnation. The City may be in a position whereby we are in conformance with Met Council guidelines but in violation of State Noise Standards. The second area of concern deals primarily with the noise contours which would be set at 63db for the least exposed area. In reality, and by the MPCA's own measurements, the existing L1065 area translates into an equivalent of LEQ or LDN 67/68. Since the present standard presents a level which everyone realizes is impossible to obtain in the next 15 years, we see no justification in making the standard even more restrictive than that currently in place. We feel strongly that a combined effort with Met Council and MPCA, who participated during the three year development state of the Met Council guidelines, can and would result in a standard that everyone could realistically hope to achieve. There is some hope for a future reduction in aircraft noise through purchase of new Stage 3 aircraft. This is a long and expensive process and the effects probably will not be noticeable within the next 10 to 15 years. In the meantime, the restrictions placed on the development of land areas in our City are intolerable for both the City and the landowners. We urge you to return the proposed regulations to the MPCA with an unfavorable ruling and instructions to redraft the regulations to conform to adopted Met Council guidelines, without City regulatory liability and at a level which represents an attainable goal. Prior to any reintroductions of such regulations, the city should be furnished contour maps indicating levels and areas of exposure. Sincerely, j - 13 . 22 cz .u-Tr& Robert G. Lockwood Mayor RGL:dfw Enclosure V Consulting Planners One Groveland Terrace (612)377 -3536 Minneapolis Minnesota 55403 Dahlgren, Shardlow, and Uban /I ncorporated MEMORANDUM DATE: 4 November 1985 TO: Mendota Heights Council FROM: John Shardlow, AICP RE: Proposed Amendments to the Minnesota Pollution Control Agency's Rules Governing Airport Noise Larry Schaughnessy has brought to my attention the fact that the Minnesota Pollution Control Agency is proposing to adopt new rules to cover airport noise pollution. As at least many of you will recall, these amendments have been anticipated for some time. However, I have heard nothing about their progress for the last several months and there are several aspects of the proposed rules which I do not think the City of Mendota Heights can comply with. Over the course of nearly three years, I attended meetings with MAC, the Metropolitan Council, PCA, MN /DOT, and all of the communities which surround the Minneapolis St. Paul International Airport, in an effort to arrive at a process for addressing airport noise compatibility planning issues. Although many difficult issues remained to be settled, this effort basically ended with the adoption by the Metropolitan Council of a revised Airport Chapter of the Metropolitan Development Guide. To make a long and frustrating story short, from that point forward it has been understood that the next step is for each of the affected communities to amend their comprehensive plans to comply with the new Met Council Airport Chapter. Since day one, we have made it clear that we cannot and will not comply with these guidelines completely, but that we would make those changes which were reasonable to improve the situation. The Metropolitan Council staff has most recently been saying that they expect that the Mendota Heights Plan will include some reasonable attempt to comply with the guidelines and that they would accept that compromise. Much of the effort from the PROPOSED AMENDMENTS, 4 NOVEMBER 1985 Page 2 beginning of the joint agencies meetings was directed at coordinating the amendment of the PCA Noise Regulations with the Met Council Airport Chapter. That never happened. The proposed rules which Larry sent me are not the same as the Metropolitan Council Land Use Compatibility Planning Guidelines. That means that the City of Mendota Heights could amend its plan and gain the approval of the Met Council and be in violation of State Law. That has frankly always struck me as somewhere between ridiculous and an outright insult to the public which these agencies serve. The proposed rules attempt to transfer a portion of the legal responsibility for airport noise on to the municipalities. They also seem to contain more stringent standards than I have ever seen before as well. Obviously, if we could not comply with the former standards, we will be even farther from meeting these. I think that it would be appropriate to contact all of the affected cities and, if possible, join with them in opposing these rules as drafted. At the very least, the City should submit written comments to the Administrative Law judge making the record very clear that there are still major problems with this whole issue. The city could place itself in a very vulnerable legal position relative to a future homeowner law suit if this system were to y proceed as proposed. cc: Kevin Frazell Larry Schaughnessy Howard Dahlgren -'' • ■ APPLE VALLEY tlEIGHBORHOODS . BURNSVILLE a r t.. '��:�'�� y aF'�°" f r �kk. r,.. im 'SSN -. 3'�I+".Aa7rtltfNJY9.7 Lw,+6!.a,.i,..9C# Yy p4l* • „ ,, I EAGAN � i 'r 3 . ::: = ' • FAR MINGTON ■ HASTINGS Y ' . � �•�' , . <s, , • INVER GROVE HEIGHTS • ' ST. PAUL PIONEER PRESS AND DISPATCH , ,. ‘, . 1111111.1111111111111111111111111111111 • Bui +.. 1 - .i . . ,,. mayget vote .... ... ... on airport: „.., , , ,,, ,; noise council ... , 4,, By Thomas B. Koetting Staff Writer ' In a development that should please vocal critics of airplane noise in Burnsville, the prospect of having a , ., i if Ming Burnsville representative on the Metropolitan rcraft Sound Abatement Council is good, according to council officials. However, that representative might have his or her Atr ” hands full immediately, because a controversial air - . plane routing procedure is not going away.. ' Burnsville has had -a non - voting observer on the council for two years, and its inability to have a for- , • > mal voice in actions long has been a point of conten- e ` „ tion. The exclusion was based on council rules that , . I i only allowed votes from cities sharing a boundary ; 3 it 't with Minneapolis -St. Paul International Airport. , However, increased pressure and the growing pres- a *, ,.� ..:., �� ' �- � ence of Burnsville in the airport noise situation has L forced the council to reconsider its position. Both Wal- i - i t ° ' ` 1 ter Rockenstein, chairman of the council, and Darrell ' x ,. F' • i I Weslander, manager for sound abatement for the Met- : �'` `' ec i - ': ' • ' \N „ a . , e ropolitan Airports Commission, said last week that s , Burnsville's admission to the council was being stud- V. � 1 - ied by an advisory committee. � r °-- y ry They said that the issue : I was getting top priority and that chances were good , �. 1 .. ' Nit for adding Burnsville to the 26- member voting body. - "I know you can say, `What's one vote ?' " said Linda „�--,� 4, Barton, Burnsville city manager. "But in participating ,- . „ ��_ as a voting member your influence is different.'? , - . , "a ?t o r,. Rockenstein said he did not think allowing. Burns- ' - � AV' , ville to vote would open the door to� other - cities that - • don't share a boundary with the airport. �.F As long as we are fair with each city and respect 3 � , � . -- Ise cities already on the board, there's no problem t d � � � � laid. "You have to remember, they've sat there and � � - ,.,tend for two years. They've been very interested, - '' s and their attendance record is excellent." , ,, 3 t ' If a representative from Burnsville p gains voting powers, that vote might be used quickly on an issue , , ,„, "4 ,' t,', that has been on the minds — and in the ears — of = , Burnsville and Eagan residents since,1982. The 180 - ��� degree turn procedure, dubbed the "Burnsville turn" by residents in the southern suburbs, will be coming The Rev. LeRoy Gardner is doing most of the work on the addition t Please see Airport/' . �,ra,cer With whom she had ��� wli�u'g campaign But V oi "' °C11'le - oased Berean • Atli we Berean Lea group did not meet a ain so gt's found themselves t League, she is afraid she will g , that more liberal feminist as d odds with fists. Both t 1 top • 8 such the pornog�aphy figh • I • 1 O Continued from Page 1 bo for further When traffic enough to use affic is light en urther consideration. • runway, just the diagonal Y, Planes must still be sent off at a variety of headings in order to avoid having In a surprise move, the Federal Aviation Adminis_ ' trati a surprise late October the F ed ral Aviation pro- said that the B td have ef o forced Case THE ■ cedure, in la ee October re cted implementing he the panes five-mile separation. a t ang would have forced air_ Rl sound abatement council, the a' plan to use just n heading — c 8 , de MINNEA sound d abteme Metropolitan Council. However, a airportcomimnsi commission and degrees with a In essence, that restriction the decision was more an a s would and d th made the runways ould ha virtually been used said less, and the parallel runways MINNEA Ong. ed the noise surprise — it was almost exclusively. The woule o the been aced Rockenstein attributed the decision to misco runways would have increased of m u so a w l CROSSTOWN ! ication, and said that the FAA had Hnan- up po ed precisely the problem that the 180 -turn was intent and implications of the rule. He said the council supposed to relieve, Case said. 4 would hear an explanation of the decision night and would put the issue back decision sounabate- a mentcouncil's agenda as soon as I, put more restrictions on the tango Possible, just the opposite of what it was supposed runway — „it did said. "Anyway, the load of traffic has increased s Case CONTRO the wrong maticall since we tested the 180 -de just iii TOWER The airport has three runways, parallel to each other and face south wMinnea which run not valid anymore " 18 0-degree turn. It's just Q s. The other tango Pal and Mendota Height < agonal runway —faces Bloo Y — called the di- cc Park area of St. Paul. nungton and the Highland Rockenstein said that the procedure did not mean to ca force all traffic out in one direction, but simply to The turn, tested from ke meter use of the runway. 19 to O- d• 31, 1984, ur directs all s tested from with Dec. sec 1, He also said that Burnsville should not b ern destinations to use the diagonal runway when pas- be comforted _ ' e 18degr tn, which was by the FAA' s decision. w sible. They would head out over Bloomington, then _ turn on a 180 - degree heading over Burnsville and sons "The hatrgurnnsv procedure was but none of the tea- 6 Eagan. The intent, said Rockenstein, was to relieve decision," Rockenstein said. "This m c"`Yle of the traffic heading off the parallel runways anything to do with the south Minneapolis. ys noise over south Minneapolis, has was a question of that's why I think they mae g decision, that However, Les Case, Federal Aviation A there was some miscomm 1-494 tick air traffic manager for the ai dministra- unication." BLOC cedure did just the o i Port, said the pro - Barton said she was not aware of the degree diagonal did just the opposite. He said that any time the Burnsville's objections influenced shut down. With the heldnsville officials the F`�i that heavy traffic load at the airport, ,but she the diagonal runway is used sparingly sim 1 port deci sion; nonetheless. pleased with the z two runways are more efficient than one. ply because all the southern suburbs e would n have tom on ions in � an ��� monitor the situation closely. tear to Page 1 Continued from Page 1 the street from the pit, said Ol fices posed the excavation that it more than 30 years ago, see nothing wrong with puttii stuff in." Former City Council ME rt Continued from Page 1 ■Economic Assistance roof where possible," Harrington said earlier Services Accoun will , Social out and high Michael Jim ( a who t Human The Economic Assistance Division still will hold saying "If this year, app school and into the Wentworth Building some client interviews at the Burnsville office but be- thing built, I might move my 1 cause most of its contact with clients is done !„ m>sh) get, , ;'� Court Services, which is not a the mail, it makes through there. Y cos Department, will move from the the Human said. sense to centralize, Harrington But Dean B `; '� the County Courthouse in downtown Hastings. uor high ' rnstengel, of The county moved the Job Training said, "I don't wa i Edward St., '` The' Job Training Program will move from the to West St. Paul so it could be closer Porn is outer- live next to a dump." Program north tines courthouse to the Wentworth Building. o e parts in Ramsey and Washington nstenged pose argued y said. The Dakota County gton counties, Harrington landfill would tea • satellite ty association. Y Program is part of a tai -coon- be a breeding Pose a fire ha: llite office of the Economic Assistance Divi- reeding ground for rats, < the at the gridgfi office Building in is Assistance Divi- join eling of b move is expected - b the possibility hi of ground water ! office in the Wentworth Building Petted to cost 9 090. tam ination, o and allow in old t ug l which ran three Remod and asets, which w ould n cum `"`'nsville office will remain open with a �- ning cost slightly less than $326,00, Co behind base outpost to handle the county's child g ector Jeff Connell said• County plan the site undevelopable. Kamish officials contended t �►e're As of last week, the only way to make the land ' preparations for the move were able for residential developm aa��� � trying to do is get Economic Assist - proceeding smoothly "We're in i roof and Social t Economic under one place ni said• "Everything pretty good shape," again is to fill it in g seems to be falling into landfill. The land is zoned for rc NEIGHliareli" "".1 1" T dential development. Z 01 -►I Z RI T r T I- z T a T I r Z Z C = CO N f T= =I - •--1 111C C O a ▪ a r O. In u1 z n 0 10 ..I � - ' Al A t vs /O /f S O CI I C m . • - 0 O /0 i a S r I T 1 C Or V . C . In In S Z - O 1 ICI n N T t17 O r z - 1 MI . O 10 . 0 a 0 0 0! r N r 0 0 SD '<' a 1 10 "'1 0 ' n I_ 0 co d ' ' 010 NO 1 0 rC T T Z 0 . 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Airpor \Ilk N. / 1111W/ Ilb■ -. -- . i I -494 y` �� 1 ® � ' ...,, ) . / one Oek • /1.1 �� Indust Z • - *55 � y o # 13 o 'A, / ,e Yankee Doodle Rd. , / :- % 49 i \ . `,vo • \ c Y J O E° / Diflloy Rd. ■ 0 1 cr o Il #77 I -35E o I I , • I C liff Rd. 8 I I iew /I - -- -- -- - - ∎ -- -- -- �--� -- - --J 1 NORTH == 5000 ft. EAGAN, MINNESOTA 2000 5/1/84 NktiY A UT /11u.4.6 PART V RUNWAY USE PROGRAM - NOISE ABATEMENT 1. PURPOSE. To define noise abatement procedures for Minneapolis International Airport pertaining to all turbo jets and all non - turbojet Group IV and V aircraft. 2. BACKGROUND. The control of air traffic in accordance with aircraft noise abatement programs is secondary only to considerations of safety. Such programs developed in the public interest may, in some cases, cause operational penalties. In cooperation with the Air Transport Association, Metropolitan Aircraft Sound Abatement Council, Metropolitan Airports Commission and the Federal Aviation Administration, this informal runway use program was developed in order to reduce the aircraft noise problem in the Twin Cities metropolitan area. 3. ACTION. The issuance of air traffic control instructions relating to noise abatement for all turbojet aircraft and all other Group IV and V aircraft shall be in accordance with the following procedures: a. Vector arriving aircraft at 4,000 feet MSL or higher until intercepting the glidepath unless a particular situation dictates otherwise. b. Whenever the normal landing pattern is over Highland or the south Minneapolis area, a noise sensitive message shall be added to the ATIS infomation. c. When the parallel runways are in use for departing aircraft, the following air carriers: Northwest, Ozark, Continental, Western, American and Midway shall use the south parallel 11R /29L to the extent possible with existing traffic and airport conditions. d. As traffic conditions permit, and in conjunction with procedures stated below, comply with the following runway priority giving first priority or noise relief to departure noise: Takeoff Landing 11L and 11R 29L and 29R 22 4 29L and 29R 11L and 11R 4 22 Note: Changes in the nature of noise complaints dictate giving first priority of noise relief to departure noise. (1) Runway conditions - clear and dry (i.e., there is no ice, slush, etc., which might make use of a noise abatement runway undesirable). (2) Wind velocity does not exceed 15 knots. (3) Any crosswind component does not exceed 90 from either side of the center line of the runway in use whenever the wind velocity is five knots or more. Page 25 J/ 1/ VY Note: Best discretion shall be used in determining traffic conditions. e. To accomplish the noise abatement procedures, cross runway operations are often required. However, it is not required when visibility is one mile or less and /or traffic conditions are determined by the person in charge to be heavy. f. The preferential runway(s) in use shall be the determining factor in approving or disapproving a touch - and -go, stop- and -go, or low approach. g. Requests for a circling approach, by turbojet aircraft, for training shall be denied by the controller. h. All helicopters requesting ASR approaches shall be accommodated in accordance with preferential runway procedures. i. Mendota Heights /Eagan procedures. (1) Departures on 11R and 11L shall: (a) be issued heading 105 which will insure that aircraft will remain clear of the Mendota /Eagan noise sensitive areas unless minimum diverging headings are needed to separate successive or parallel departures not on the same route. (b) When diverging separation is in use, it shall be used based upon the following criteria: 1 Runway 11R - a heading between 090 and 105 only 2 Runway 11L - a heading between 090 and runway heading only (c) Proceed on the heading assigned until at least three miles from the departure end of the runway. (d) When requested by the pilot of a Group IV or V turboprop, be issued headings and turns which prohibit flight over these noise sensitive areas (i.e., river departures). (2) Aircraft south of runway 29L localizer arriving on 29L and 29R shall be vectored to at least a 4 -mile final. When issuing a visual approach clearance to these arrivals, the pilot shall also be advised to make at least a 4 -mile, (i.e., "cleared visual approach runway 29L, make at least a 4 -mile final ") j. Aircraft departing on runway 22 and making a right turn shall: (1) be instructed to remain on runway heading until leaving 1500 feet (MSL). (2) not be issued a heading greater than 350 until past the 11L localizer course. k. During quiet hours (11:00 p.m. til 6:00 a.m.) the use of runways 11L for landings and departures and 29R for departures is prohibited for all types of aircraft, unless an emergency situation requires use of these runways. Page 26 5/1/84 MSP ATCT 7110.4B (1) Due to the noise characteristics of the BE -18 ( "Twin Beech ") and similar "noisy" types of aircraft, apply these procedures during quiet hours. Departures with noise characteristics may be issued a heading to remain over the river basin until leaving 3,000 feet or higher befoere proceeding on course. (Note: Examples of similar noise characteristics to the "Twin Beech" include the Lodestar, Travelair and DC -3.) 1. Intersection Departures -- Turbojets only. (1) Controllers shall ensure that intersection takeoffs, for turbojet aircraft, are not initiated when the departure path is over a noise sensitive area; i.e., departing runway 4, 29L, 29R. (2) Controllers may approve Republic (training flights) requests for an intersection departure from the cargo taxiway and runway 11R for their DC -9's. m. Local Control shall instruct all turbojet aircraft departing runway 29L, that will make a left turn, to maintain runway heading. Local control shall issue the assigned heading after the departure is beyond the departure end of 29L and prior to transfer of communications. n. Aircraft departing runway 29L and 29R making right turns shall be instructed to remain on runway heading until leaving 1500 MSL (1800 when weather is below 1000 -7) before turning to assigned heading. o. Controllers are required to be thoroughly knowledgeable with the provisions of this Order and to exercise their best judgment if they encounter situations not covered by it. p. Aircraft departing runway 4 shall be issued headings that avoid overflying the Veterans' Administration Hospital as much as possible. q. Aircraft Engine Runup Procedures will be in accordance with current MAC Field Rules. Any deviations from these rules shall be forwarded to the immediate supervisor for followup. Page 27 • • / ) / / -Jb -SS (�(�„abc�G , s � v ri- u5r +'u( public official who has achieved that b incarnation the political bureaucrat. aucrat. t. He He has spent so much • time running the institution that he is � eR _ ! now securely institutionalized. He is � the airport's political broker, its prophet and its designated defender against all alien threats — including ! the residential public's right to sane sound levels where they live. So he Jim has become the airport's proprietor. installing paper slot machines, among other things, to nourish its Klobuchar ' new grandiosities. In this role he has offered an equation: If you let the Pollution ' Control Agency put in significant I stopped to make a call from a safeguards for the Jet - battered parking -lot telephone booth In south thousands living near the airport, Minneapolis a few days ago and had you'll have to close the airport. ( achieved a point halfway between Do you believe that? "hi" and "this is" when a four -engine airliner devoured my voice. he airport people contend that the • When the booth stopped quaking, my state's antinoise standards can't be party on the other end had met at the airport without disappeared, possibly concluding emasculating its mission. that I was calling from the crater of , This argument pretends that the Mount Vesuvius and picked a bad politicians on the pollution agency, day. I chugged another quarter in the Metropolitan Council and the the slot, identified myself and was Airports Commission can't find about to give my location when political language to soften some of another jet landing at the • those compliance standards and give Minneapolis St. Paul airport ` obliterated all further attempts at something both to the public's , civilized dialogue. eardrums and the airlines' ledgers. t About then I began for the first time If they can't, never before in human I to consider seriously the futility of affairs have so many politicians life under the flight patterns at a been struck mute simultaneously. metropolitan airport catering to the Let's back up for a moment to some unleashed competitive drives of the simple principles about why a airline industry. And then a couple community maintains an airport. of days later I discovered from the chairman of the Metropolitan Airports Commission that we have A community maintains an airport ' our values all screwed up about the primarily to serve the needs of the airport's role in our lives. community. Ray Glumack tells us we're not The airport people appear to have a supposed to burden air commerce better reason: unduly. He means that the number , A community maintains an airport of landings and takeoffs by primarily to serve the industry. commercial jets at his airport is the Because the competition in that Schick test of our intellectual vitality. and that the number of industry is now wide open and airlines we serve in Minnesota will airlines can go where they want, this decide whether we justify the faith means that the community must be a of Hiawatha and Leif Ericsson. permanent prisoner of the expanding din. Its only choice is to Noise, he says, is a federal case and build longer runways and more therefore basically nonnegotiable. expensive instruments to revolve the traffic. Reducing the traffic is not a If I lived in .south Minneapolis, sensible or legal option. t Bloomington, Richfield or Mendota If you are a sensible person, You Heights and had to take the daily have a right to ask, why not? convulsions. I don't think I'd want Ray Glumack or the Metropolitan Beyond this, you do not have to Airports t ominittiion acting as the accept decrees from political undisputed mikado of airport use and regulation in Minnesota. 1 would mikados. look for somenody to regulate The airport is 0 collection of Glumack and the commission. runways, carrousels, hangars and Marriott Host moneymakers. It is not a barony. It was intended to serve the public. not to paralyze it. • RESOLUTION c .AIR TRAFFIC NOISE /CITY OF EAGAN • WHEREAS, the Federal Aeronautics Administration, together with the Metropolitan Airports Commission, promulgated the use of Runways 11L and 11R as primary takeoff and landing runways for Minneapolis /St. Paul International Airport, utilizing 105` headings, running easterly of the airport; and WHEREAS, the 105' headings promulgated in 1972 are not being adhered by aircraft taking off and landing on Runways 29L and 11R, but no official change has b adopted to revise the heading established by the preferential runway plan; and WHEREAS, the preferential runway system impacts existing and future development, the types of zoning and land uses currently existing and proposed for the area, noise and safety factors, and related issues; and WHEREAS, the policies and procedures formulated by the preferen- tial runway plan and promoted and adopted by the Metropolitan Airports Commission, together with the commercial airlines and the Metropolitan Airport Sound Abatement Council concerning takeoffs and landings from the Minneapolis /St Paul International Airport, have been repeatedly violated, including flying at lower altitudes than designated in the regulations, and diversion from designated corridors, and WHEREAS, there are reasonable and viable corridors for landings and takeoffs easterly from the airport; and WHEREAS, the quiet hour or restricted hour policy promoted and adopted by the MAC and the FAA covering nightime and weekend- - hours is not being adhered to, causing unnecessary noise to affected residences and businesses; and WHEREAS, aircraft are flying diversionary patterns into and out of Runway #22, rather than following the prescibed Cedar Avenue corridor intended to reduce the impact upon affected residences and businesses; and WHEREAS, the City of Eagan and its residents receive the majority of all takeoffs and landings during the nightime quiet or curfew hours; and WHEREAS, ground runups at St. Paul International Airport have repeatedly created excessive and unnecessary noise and violation of prescribed and accepted runup procedures; and WHEREAS, the air traffic counts taken during the weeks of May 14 through May 18, 1984, May 21 through May 25, 1984, and June 17 through June 22, 1984, indicate an excessive amount of the landings and takeoffs occurring over the City of Eagan; and 1 10 WHEREAS the Noise Abatement Runway Use Program, dated August (7 15, 1982, 3.I.(1), provides that Mendota Heights /Eagan procedures with departures on 11R and 11L shall be issued heading 105' which will ensure that aircraft will remain clear of the Mendota Heights /Eagan noise sensitive areas unless minimum diversion headings are needed to separate parallel departures not on the same route; and WHEREAS an Eagan Noise Committee was appointed in the spring of 1984, a number of meetings were held during the summer of 1984 and a fact finding report presented to the Eagan City Council at the October 30, 1984, regular ;meeting; and WHEREAS recommendations to control and regulate air traffic noise over the City of Eagan were presented by the Airport Noise Committee; and NOW THEREFORE BE IT RESOLVED by the Eagan City Council that the following conditions be considered for the purpose of regulating air traffic noise over the City of Eagan: 1) Formulate an air traffic noise task force in several cities ( i to further study the impact of air traffic noise over com- munities adjacent to the Minneapolis /St. Paul International Airport and to specifically contact the cities of Burnsville and Mendota Heights for the purpose of creating this task force. 2) The task force will propose and submit through its local city councils, local legislators, appropriate legislation that will affectively serve to control safety and noise' issues created by aircraft flying over those northern Dakota County cities. 3) Require that flight patterns over the 'City of Eagan be on an agreed upon predetermined course and further that flights be returned to the original flight patterns prior to the two (2) year takeoff and landing experiment as imple- mented by the Metropolitan Airport Commission. 4) Special measures be undertaken to restrict runups during nighttime and weekend hours - and, further, to install all reasonable equipment to reduce the noise impact from runups at all times, including baffles, walls and other noise abatement devices. 5) Impose reasonable penalties on pilots and airline commercial carriers that do not adhere to appropriate guidelines and C regulations required for flights to and from the airport. tk ( 6) Request the FAA and the MAC to require a steeper ascent and descent of aircraft and, in addition, to extend the 105` heading on Runways 11R, 11L, 29R and 29L for a distance . of at least five miles from the end of the respective runways to minimize noise impact. Motion by: Wachter Seconded by: Egan Members in Favor: Unanimous Members Opposed: Dated: November 26, 1984 CITY COUNCIL CITY OF EAGAN ATTEST: By: City Clerk Mayor CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County,. Minnesota, do hereby certify that the foregoing is a true and correct copy of a RESOLUTION adopted by the City Council of the City of Eagan, Dakota County, Minnesota on November 20, 1984. • , l 2