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10/14/1987 - Airport Relations Commission M E E T I N G N O T I C E The Eagan Airport Relations Committee will hold a Regular Meeting beginning at 7:00 p.m. on Wednesday 14 October 1987 (Please note the special day and date) in Conference Rooms A & B at Eagan City Hall 3830 Pilot Knob Road, Eagan, Minnesota For more information about this meeting, please call Jon Hohenstein at 454 -8100. AGENDA AIRPORT RELATIONS COMMITTEE EAGAN, MINNESOTA EAGAN MUNICIPAL CENTER CONFERENCE ROOMS A & B WEDNESDAY OCTOBER 14, 1987 7:00 P.M. I. ROLL CALL AND APPROVAL OF MINUTES II. ADOPTION OF AGENDA III. STAFF REPORT A. MAC Eagan - Mendota Heights Corridor Study B. Working Group on Airport Noise /Airport Capacity C. Legal Opinion - Nuisance Complaint D. Preferential Runway System Working Group IV. OLD BUSINESS A. Runway Utilization Committee V. NEW BUSINESS A. McKee Addition Noise Concerns B. Chamber of Commerce - Airport Adequacy Position VI. OTHER BUSINESS VII. DISTRIBUTION VIII. ADJOURNMENT MEMO TO: CHAIRMAN GUSTIN AND ALL MEMBERS OF THE AIRPORT RELATIONS COMMITTEE FROM: JON HOHENSTEIN, ADMINISTRATIVE ASSISTANT DATE: OCTOBER 7, 1987 SUBJECT: AIRPORT RELATIONS COMMITTEE MEETING FOR WEDNESDAY, OCTOBER 14, 1987 A meeting of the Eagan Airport Relations Committee will be held on Wednesday, October 14, 1987 at 7 :00 p.m. Please note the special date for this meeting. It has been rescheduled from its usual evening as a result of a conflict with a joint City Council meeting. Please contact Jon Hohenstein at 454 -8100 if you are unable to attend Wednesday's meeting. I. ROLL CALL AND APPROVAL OF MINUTES Enclosed on pages - 7 you will find minutes of the Airport Relations Committee meeting of September 8, 1987. These minutes, subject to any change, require approval by the Committee. II. ADOPTION OF AGENDA The agenda, as presented or with modifications, requires adoption by the Committee. III. STAFF REPORT MAC Eagan - Mendota Heights Corridor Study -- Enclosed on pages /Oyou will find information pertinent to the Eagan - Mendota Heights Corridor Study. The documents contained herein are the most recent contours prepared for the study alternatives. You will note that the principal difference between the contours is a result of the assumptions for flight track separation during simultaneous departure conditions. As color coding is not possible for the packet, please presume that the northerly of the two contours relates to alternative #3, while the southerly relates to alternative #2 assumptions. Staff will be reviewing the relationship of the contours to the Metropolitan Council policy contours as well as reviewing the affected populations within the two communities. A number of options have been discussed through the course of the study and staff will present information on all available discussions at the meeting on Tuesday evening. In addition, the cities of Eagan and Mendota Heights will attempt to work together to develop an acceptable alternative from the two currently being studied. ACTION TO BE CONSIDERED ON THIS ITEM: To provide staff direction for discussions with the City of Mendota Heights. B. Working Group on Airport Noise /Airport Capacity -- Enclosed on page // will find an article from "Airports International" magazine concerning a working group on airport noise /airport capacity. Jeff Hamiel of the Metropolitan Airports Commission was a member of the group which recommended major changes within the airline industry and the environment surrounding airports. The recommendations have generally received a negative response due to their intention to limit the legal alternatives available to noise impacted residents. In brief, the plan would call for agreements on the part of the airlines to accelerate fleet conversion such that all Stage II aircraft would be phased out of the fleet in three year increments beginning in 1994. The plan would include a 1987 production cut off for all Stage II aircraft and in 1989 a registration cut off for the same aircraft. It was further recommended that federal incentives be utilized to accelerate the fleet change over by the year 2000. In exchange for these agreements, the group proposes that the airports cease the implementation of all new noise abatement rules and that noise affected populations be prohibited from suing for damages for aircraft noise. It is the latter matter of the severe limitation of future rights in the face of an uncertain noise environment which has drawn the most criticism to date. Staff will be available to respond to questions on this matter at the meeting. No action is required on this item at this time. C. Legal Opinion - Nuisance Complaint -- Enclosed on pages/7-3 you will find correspondence from the City Attorney concerning the airport noise complaint of Roger Sperling. As you know, Mr. Sperling has pursued the matter of a nuisance complaint through his City citation for an appropriate party at the airport under the theory that airport noise from jet traffic may fall within the City's police power. Debra Schmidt of Attorney Hauge's office has reviewed the pertinent case law and concludes that such a case is not within the police power of a municipality but that that does not diminish the individual's right to pursue a civil nuisance case as has been done in south Minneapolis under the auspices of Richard Gun. Staff will respond to questions in this regard at the meeting. No action is required on this matter at this time. Pr ferential Runway System Working Group -- Enclosed on pages (p you will find information pertinent to the preferential runway system brainstorming group. The group considered alternatives to the current preferential runway system to make greater use of the crosswind runway both with and without the extension of Runway 4/22. It was concluded that by optomizing alternatives to the preferential runway system traffic on the parallel runways would actually decrease slightly while increasing over the Bloomington /Richfield and St. Paul - Highland Park areas. While numerous alternatives were discussed, the FAA pointed out that it is permitted to have no more than five departure configurations within its flight rules and that specific alternatives need to be defined for use. The group's conclusions have been forwarded to the MASAC Operations Committee for further review. Staff will keep the committee abreast of developments in the area as they occur. No action is required on this matter at this time. IV. OLD BUSINESS A. Runway Utilization Committee -- Enclosed on pageso?3 'ou will find information pertinent to Steve Cramer's committee on runway use. The general concept has been to develop target ranges for all traffic operating at Minneapolis -St. Paul National Airport by runway end. The purpose would be to increase the use of the crosswind runways while setting caps or target ranges on the amount of runway use in any given direction. Under this scenario, the corridor would receive roughly the same if not slightly less traffic as it receives at the present time and better compliance with an acceptable Eagan - Mendota Heights Corridor definition is presumed. Staff has been participating with the Cramer group over the past several months and has been generally supportive of the concept of greater distributional equity provided no additional adverse effects are presumed for the City of Eagan. In this regard, Member Mirick has expressed concern that the institution of a Cedar Avenue turn component for Runway 22 will increase the impact on southwestern Eagan. When considering this issue, it should be noted that a Cedar Avenue departure may tend to affect that area regardless of whether percentages are defined for the area or not. Therefore, it may be necessary to more completely define all the issues for the City of Eagan before making recommendation on this matter. To date, staff has defined the issues of this matter to be as follows: 1. Whether the 52 - 55% target range is acceptable and reasonable for the Eagan - Mendota Heights Corridor. 2. Whether extension of Runway 4/22 implies a need to modify these percentages. 3. Whether the Cedar Avenue turn will impact the community differently under this proposal as opposed to the present preferential runway system configurations. 4. Other issues as defined by committee members. This matter has been referred to the Operations Committee together with the Preferential Runway System Working Group report for joint consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To provide staff direction on the Runway Utilization Committee recommendations. V. NEW BUSINESS A. McKee Addition Noise Concerns - -Staff has been contacted by residents of the McKee Addition concerning aircraft noise impacts in that neighborhood. In late September, staff assisted a neighborhood resident in the preparation of a petition regarding the area. After considerable discussion, the residents indicated that they would review the items discussed and contact City staff further with their conclusions. Generally, staff indicated that efforts were being made to mitigate noise impacts on the community, but that the McKee Addition's location within the corridor area made it difficult, if not impossible, to reduce noise impacts to the neighborhood without adversely affecting other residential neighborhoods. Staff will address questions in this regard at the meeting on Tuesday evening. ACTION TO BE CONSIDERED ON THIS ITEM: To provide staff direction with regard to noise concerns raised by residents of the McKee Addition. B. Chamber of Commerce - Airport Adequacy Position - -The Eagan Chamber of Commerce has contacted City staff for assistance in the preparation of a position on the adequacy of Minneapolis /St. Paul International Airport. The concerns of the group illustrate a matter previously discussed by the Committee concerning the balance which Eagan represents between its business interests and the residential community. The small business leaders from around Eagan have a keen sense of the relationship of Eagan's dependence on the International Airport for its international climate. Therefore, airport relocation represents a significant challenge to them. Staff will continue to work with the Chamber in the development of its position. In addition, the committee or representatives of the committee may wish to meet with Chamber representatives to discuss mutual issues in this regard. No action is required on this matter at this time. VI. OTHER BUSINESS A. National Organization to Ins re a Sound Controlled Environment -- Enclosed on pages �'j3 - L(5s information pertinent to N.O.I.S.E. as requested by the Committee at its last meeting. The information provided represents a cross section of that available in the file. B. Citizens League Airport Committee -- Enclosed on pages yg you will find information from member Mirick pertinent to the September 18, 1987 Citizens League Airport Committee meeting. The information pertains to a presentation by Minneapolis residents Jim Serrin and John Richter concerning a possible airport relocation scenario. Mr. Serrin and Mr. Richter have identified the University of Minnesota Rosemount Research Center as an undeveloped location capable of absorbing additional air I traffic and aircraft noise. The remote location would serve as a supplement to rather than a replacement for the current airport and it would be connected with the current location by a high speed rail link utilizing Soo Line right -of -way through Rosemount, Inver Grove Heights and Eagan. If time permits, discussion may be had in this matter at the meeting on Tuesday. VII. DISTRIBUTION VIII. ADJOURNMENT The meeting will adjourn at or about 8 :30 p.m. The next regularly scheduled meeting of the Airport Relations Committee will be Tuesday, November 10, 1987. Admijistrative Assistant cc: City Administrator Hedges City Attorney Hauge City Planner Runkle JDH /jeh Subject to Approval MINUTES OF THE AIRPORT RELATIONS COMMITTEE MEETING Eagan, Minnesota September 8, 1987 A regular meeting of the Eagan Airport Relations Committee was held on Tuesday, September 8, 1987 at 7:00 p.m. Present were Chairman John Gustin, Joe Harrison, Dustin Mirick, and Carol Dozois. Absent were Carolyn Braun, Gary Campbell, Tom Baker and Otto Leitner. Also present were Jon Hohenstein, Administrative Assistant; Bruce Robertson, Administrative Intern and Debra Schmidt from the City Attorney's office. MINUTES With the correction of inserting in the minutes that Carol Dozois as absent during the meeting, upon motion by Mirick, seconded by Dozois, with all members voting in favor, the minutes of the May 12, 1987 Airport Relations Committee Meeting were approved. MAC EAGAN - MENDOTA HEIGHTS CORRIDOR STUDY Hohenstein discussed the preliminary noise analysis undertaken concerning the Eagan- Mendota Heights Corridor. He indicated that information on noise levels resulting from slight shifts in airline flight paths were shown on page six of the Committee's packet. He went on to state that City staff will be working with Mendota Heights once the final analysis of the data is completed by the Metropolitan Airports Commission. The City is also waiting for contour maps and feedback by the Metropolitan Council. At that point Commission members discussed which neighborhoods would be affected by the variation of flight paths utiliziing the Eagan- Mendota Heights Corridor and the need for equity between Mendota Heights and Eagan in the number of takeoffs and landings over the cities. Hohenstein closed the discussion by stating that staff will keep the Committee abreast of any information a a. i ah1 e relating to the corridor study in the future as it becomes available. TRAFFIC DISTRIBUTION WORKING GROUP Hohenstein informed Committee members of the activities of the traffic distribution group that is being coordinated by Minneapolis Council member Steve Kramer. He stated the group's role is to discuss and suggest an acceptable distribution of traffic and noise in the areas near the airport. He went on to discuss the City of Eagan's concerns relating to the group's discussion considering the fact that 50 -55% of airline traffic will fly over the City of Eagan during takeoff and landings. Mirick inquired if the traffic distribution group had discussed the possible extention of Runway 422 and asked that the Committee be kept informed on the traffic group's findings on the runway expansion. Gustin briefly explained the effects of runway expansion on Eagan neighborhoods for the two visitors of the meeting. A brief discussion followed concerning runway expansion. / (0 Hohenstein changed the focus of the discussion by describing the activities of other airport study bodies. He stated that the Metropolitan Council's Airport Adequacy group continues to meet on the third Thursday of each month. Their study is in the sixth month of a planned 18 month duration and is currently in the fact finding phase. Hohenstein went on to state that the Citizen's League Airport study group also has been continuing to meet on a weekly basis every Thursday at 4:30 at the Minneapolis Community College library. A wide range of airport related issues have been discussed and visitors are encouraged to attend and become involved in the discussions. This group will finish up its work in November. He went on to state that Committee members should consider attending meetings of both groups if their schedules permit. COMMITTEE GOALS AND OBJECTIVES Hohenstein discussed the statement of Airport Relations Committee goals and objectives that had been developed by staff and Committee members. He stated that a listing of goals and objectives is important because of the changing nature of the Committee since its inception and the advantage of the group determining its own objectives instead of being given them by the City Council with no input from the Committee. At that point he went through the actual goals and objectives statement and asked Committee members to state their ideas for discussion. Harrison suggested that the Committee get feedback and advice from a group called N.O.I.S.E. regarding assistance in getting legislation passed to reregulate the airline industry. He went on to discuss at length how stricter regulations on the airlines would in his opinion improve both service and the noise levels of the airlines. He suggested that City staff determine which city officials of Eagan are currently members of the N.O.I.S.E. group and have them contact their representatives for information on the group's lobbying efforts and how the Eagan Airports Committee could effectively work with N.O.I.S.E. on the issue of airline regulation. The advantages and disadvantages of airline regulations was then discussed at length by several Committee members. Hohenstein suggested that the Committee and staff should further investigate the prospect of having City officials who belong to N.O.I.S.E. contact the group and once more is known the Committee could consider adding coordination with N.O.I.S.E. on airline regulation efforts to Committee goals and objectives. After additional discussion, upon motion by Mirick, seconded by Dozois, with all members voting in favor, the Committee accepted the draft Airport Relations Committee goals and objectives as a working framework that could be added or subtracted from as the need arises. MEDIA PACKET - EAGAN AIRPORT INFORMATION Hohenstein discussed the information pertinent to an airport information packet that was included in the Commission packet. He stated a formal media packet would include information on airport related topics for citizens in the community. This information will be helpful because the City staff currently receives numerous complaints and questions from citizens on airport related issues. Harrison suggested that any map that is included in the airport information packet should include Mendota Heights and an illustration of the airport runways. After additional discussion by Committee members, the consensus decision was that the Committee should wait until more information is received by the City before proceeding with the media packet. OTHER BUSINESS Mirick discussed and distributed a computer printout of registered noise complaints by metro area residents for a month long period. Committee members reviewed and briefly disucssed the complaint list. ADJOURNMENT Upon motion by Harrison, seconded by Mirick, all members voting in favor, the meeting was adjourned at 8:30 p.m. BR Date Chairperson Secretary juittiwitipots • Sala Pal 5. P. O. BOX 11700 • TWIN CITY AIRPORT • MINNESOTA 55111 OFFICE OF EXECUTIVE DIRECTOR • PHONE (612) 726 -1892 10 -5 -87 To: John Hohenstein, City of Eagan Kevin Frazell, City of Mendota Heights From: Steve Vecchi Enclosed are the results of the LDN 65,70,75 contours generated by HNTB that were based on the following assumptions agreed at the September 23,1987 meeting: 11L,R DEPARTURES SIMULTANEOUS (65 %) NON- SIMULTANEOUS (35 %) Alternative #2 11R.- 115 11R - 110 11L - 100 11L - 115 Alternative #3 11R - 110 11R - 110 11L - 095 11L - 115 NOTE: As you may recall, the Operations Committee decided to deal with the LDN contours for the two alternatives (65% simultaneous dep. & 35% non - simultaneous dep.) rather than consider a L1065 contour, which only deals with peak, 100% simultaneous departures. I would appreciate if you could bring the completed population estimates that correspond to alternatives #1 & #2 to the next scheduled meeting, Tuesday October 20, 1987 at 10:00 am. If you have any questions, please give me a call. • oFFFICF LOCATION - -0040 :8th AVE. SO. —WEST TERMINAL AREA — MINNEAPOLIS -SAINT PAUL INTERNATIONAL AIRPORT nv.• ,10 e , ai-!, i7.1: i 7 PM • ... ...... .- :4 x ; - a) ii .7..:1 4 4a .4•a -: IN 11321 • - • ow ao.• = i " ti7 ... ii if 4 a i . ! 2 ■ ':,' . , . 1 1111 0 -0 Ain II I A .... _ . ... II. .. ,.„,,,• ; Ae . 0 , : I ns 03. 7 n03• . • `Jab '''''.11. ci ,. li ' 7 .,.0■ ,, ., t Mal 0,133an• 11 ii6. 111 i 7 ... a 3,■••3,33 .., 0 ,p 3.•■• a 16.3n ra . . ../. • oftso-• i 'a ,` i 1 i" 4 -- EZ:1 ab . s. ■.........\.„, c,9 ® I I --- 7- 07' e ■•111 Er N ' - 7 ., ...s 9 ® C _ . Nil --11 . ,, - . 1 -, as, ■ r; '1 \ 1 .:, , .... _, .4 ii ,.. 41141 .,......... ) 1 ,.... .„.„, ,..._,.N 0 . Lu On 100.3S ■ 3 •••■111/. . z ' ' ...••• o 44 : I -. 41MIS '4 • 5,0 13Swas• 1,3 1 ..• " . - . . , .„ 2 " ' ••••• , WM - - • — — 1 111■46..... 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Mill _ ■ — , 1 , INSIGHT L I irlines C IN BRIEF } g ee Indonesia During fiscal year 1987/1988 Biak International Airport is to see the start of several major improvements. The t 0 noise plan calls for the construction a international terminal, the renovation n n n the domestic terminal and the installation A Tong -range plan under which US airlines Minneapolis /St. Paul Airports Commis- of a new radar system among the surround - would agree to retire noisy aircraft in Sion; Bernard Hartman, director, environ- ing mountains. When the work is fin - return for an agreement by airport opera- mental programmes, St. Louis Airport ished— planned for March 1988 —the air - tors not to impose new noise restrictions Authority; Richard Judy, director. Miami port, say officials. should be capable of was presented to the Federal Aviation International Airport: Monte Lazarus, supporting passenger demand to 1997. Administration (FAA) by the Working senior VP external affairs, United Airlines: Garuda Indonesia has been flying Group on Aircraft Noise Airport Cap- Richard Linn. manager, technical & Jakarta - Bali -Biak- Honolulu -Los Angeles acity, a panel which represents both environmental planning, American Air- since November last year. airlines and airport operators. The plan lines: Dick Marchi, assistant director, calls for airlines to replace stage two Massachusetts Port Authority; Gerry Vanuatu Vanuatu postponed a decision on aircraft with quieter stage three aircraft Mayo. general attorney, Delta Airlines: the opening of a Libyan diplomatic mission between 1994 and 2009. It recommends Clifton Moore, general manager. Los after Libya failed to provide money federal incentives, perhaps in the form of Angeles Department of Airports; Clark promised for an airport project, according tax credits. if the aircraft are replaced as Onstad, VP government affairs, Texas Air to a report from the capital Vila. early as 1999. Corp.. and Gabriel Phillips, executive VP The sources said Libya had promised a In return, airports would agree not to Air Transport Association. large sum to upgrade facilities at the impose any new noise restrictions. such as To replace this many aircraft with new airport at Santo, on the third most the number of operations allowed in any aircraft would cost up to $75 billion. And populous island of Espiritu Santo. But the given period or place prohibitions on while some are relatively new and could fly money had not been forthcoming, and this certain types of aircraft. The FAA said it another 20 years, representatives of both tilted the Government against permitting a . has long been concerned about such airlines and airports realise that the public diplomatic mission. • .... West Germany In the first half of 1987 L1:1 ,.._ ° ' '-< . ,"*.7 M•".•.�!": .. , „ ....A T 4 445e179rpasssengers, an increase of 12.2 • «.,,- ;: . 4'.p -•" — - ' -= _ per cent over the same period the previous ~`~�• • year. Traffic increased in both the charter �"""'4 7 and scheduled markets, split 53.9/46.1 i �� «�� N`P's A. f _ , `: 1 respectively. Air - freight, however, was up x"° n *te , t ' 14 - only one per cent, to 20 065 tonnes during k F I , ! the first half of the year. 't '" ° "' 1 Belgium Officials at Brussels Airport Inter - • ,,# ' " " < national, one of the few airports to employ . rt , 5 ,k ' , 1! , { ,,, , a private security firm for passenger security- checks, say they are satisfied with `"• -.= — `# .L ` gm _ � the performance of Securitas, which has A �' been checking passengers since June last year. DC'-9s and Boeing 727s make up the hulk of domestic services. The company says that 20 per cent of restrictions because of the limits they put and Congress is becoming increasingly passengers they search are still unaware of on airport capacity and the number of critical of noise and capacity - induced the regulations on carrying potential fight delays they can lead to. delays. Taking a write -down on the aircraft weapons on board an aircraft. The FAA said that the plan as presented, could reduce the cost to between $1.2 airlines would agree to replace 20 per cent billion and $3.7 billion, depending on the UK The board of Manchester airport has of their approximately 2 200 stage two phase -out time. However, Congress and given the go -ahead for the expenditure of aircraft in each of the three -year periods the Administration have been busy climi- $40 million on a separate terminal for between 1994 and 2009. Aircraft involved nating tax credits and write -offs and domestic passengers. The new domestic are Boeing 727s, DC -9s, Boeing 737s, whether such legislation can be passed is terminal will take over from the present . I3AC -I I I s, Boeing 707s and DC -8s, which open to question. domestic pier, which will be demolished have been fitted with hush kits. Continental, Delta, Midway and North- and replaced with 11 new aircraft gates, Members of the working group which west have signed agreements with the including three widebodied stands with made the recommendations are J. Donald Minneapolis /St. Paul Airport Commission airbridgcs. Reilly, executive director, Airport Opera- under which they pledge to reduce noise by The domestic terminal will increase tors Council International, Robert mid -1992 by 24 per cent from the noise capacity at the airport by 2.5 million I Aaronson, director of aviation, Port levels of 1986. The commission had threat- passengers, to about 12 million a year - -a Authority of New York & New Jersey: ened to enact a noise budget law. Under the figure which airport officials think will be Stephen Alterman. executive VP. Air agreement, the carriers. which operate the reached by 1992. Work is due to be Freight Association: Oris Dunham, exe- majority of departures from the airport. completed within two years. cutivc director, Dallas /Fort Worth inter- will reduce noise each year until the 24 per national Airport: Julia Ellis, managing cent decrease is met. The commission is Mauritius The new terminal at Mount director of regulatory affairs. Federal seeking similar agreements with United, Plaisance Airport is due to open in .October Express: Jeffrey Hamicl, executive director, American and TWA. this year. AIRPORTS International September 1987 • 7 17 HAUGE, EIDE & KELLER, P.A. ��'�1 (� PAUL H. HAUGE SPA rAllornew al draw KEVIN w. EIDE TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 DAVID G. KELLER 1260 YANKEE DOODLE ROAD LORI M BELUN �► "� EAGAN, MINNESOTA 55123 DEBRA E SCHMIDT (612) 456 -9000 THOMAS P. LOWE September 24, 1987 Mr. Thomas Hedges Eagan City Administrator 3830 Pilot Knob Road Eagan, MN 55121 RE: Airport Noise Complaint of Mr. Roger Sperling Dear Mr. Hedges: - This opinion is in response to the continuing problem of aircraft noise adversely affecting the residents of the City of Eagan. QUESTION May the City of Eagan file a criminal complaint under the Public Nuisance Statute, M.S.A. §609.74 (1), for excessive noise caused by jet traffic in and out of the Minneapolis /St. Paul International Airport. ANSWER After reviewing relevant case law on the issue of airport noise and the public nuisance statute itself, in my opinion the City cannot prosecute. LEGAL ANALYSIS CASE LAW The major case in this area is City of Burbank v Lockheed Air Terminal, 93 S.Ct. 1854 (1973), 411 U.S. 624, 36 L.Ed. 2d 547. In Burbank, the City Council of Burbank, California, adopted an ordinance which made it unlawful for a so- called pure -jet aircraft to take off from the Hollywood- Burbank Airport between 11:00 p.m. of one day and 7:00 a.m. the next day, and making it unlawful for the operator of that aircraft to allow any such aircraft to take off from that airport during such periods. This Ordinance only affected one regularly scheduled flight during the whole week. Action was brought by the owner and operator of the airport and an interstate air carrier against the City and certain of its officers, for judgment declaring the City Ordinance invalid. The State Court /� Mr. Thomas Hedges September 24, 1987 Page 2 entered judgment in favor of the airport operator and the City appealed. The United States Court of Appeals affirmed the lower Court and the Supreme Court affirmed the Court of Appeals. The basic rule set down in the Burbank case is that the Noise Control Act of 1972, along with the Federal Aviation Act, granted the FAA in conjunction with the EPA, full control over aircraft noise, pre- empting state and local control. There was some discussion in the case of the Commerce Clause, which is another major concern, but the whole decision revolved around federal pre- exemption of any state or local control over airport noise. "Control of noise is, of course, deep seated in the police power of the states. Yet, the pervasive control vested in the EPA and in FAA under the 1972 Act, seems to us to leave no room for local curfews or other local controls." Burbank, at 1862. Interestingly enough, the Court does make an exception for local regulation of aircraft noise by a proprietor of the airport, be it a City or other entity. The issue has not yet been determined on how far a proprietor can regulate, but in the present situation, that would involve MAC and not the City of Eagan. Several cases have followed on the same issue with the Courts ruling that local attempts to control the noise of over - flying jets is pre- empted by federal regulations concerning planes in flight. In British Airways Board v The Port Authority of New York, 558 F.2d 75 (1977), the United States Court of Appeals ruled that local proprietors can adopt noise regulations, as long as they are reasonable, non- arbitrary and non - discriminatory. Again, the key word here is 'local proprietor', which does not include the City of Eagan. This case involved the right of Port Authority of New York and New Jersey to ban the Concord from landing at JFK Airport. The Court states: "It is understandable that the numerous localities in the vicinity of major airports cannot be permitted an independent role in controlling the noise of passing aircraft. The likelihood of multiple, inconsistent rules would be a dagger pointed at the heart of commerce - and the rule applied might come literally to depend on which way the wind was blowing. The task of protecting the local population from airport noise has, accordingly, fallen to the agency, usually of local government, charged with operating the airport." British Airways Board at 83. Mr. Thomas Hedges September 24, 1987 Page 3 STATUTE Minnesota Statute §609.74(1) states as follows: "Whoever by an act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: (1) Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of the members of the public; . . ." To convict anyone under the Public Nuisance Statute, it would be required that we show the act done involved criminal intent, and that it unreasonably annoyed or endangered the safety, health, comfort or repose of any considerable number of the members of public. In the Advisory Committee comment to the Public Nuisance Statute, the following is found: "There is probably a place for the crime of public nuisance, but it is believed it should be restricted to those instances which come within the purposes of the criminal law. This will require (1) some criminal intent, and (2) limitation of the statute to such specific terms as the nature of the problem permits." It would appear to be impossible to prove criminal intent on the part of a pilot, air traffic controller, the FAA, or anyone involved with the MAC in either ordering or allowing low flying aircraft to go over residential areas of Eagan. The "unreasonable" requirement may or may not be met, but would involve a balancing of the public good served by the aircraft and interstate commerce, balanced against any proven damages to individuals subject to the noise. A requirement that the act unreasonably endangers the safety, health, morals, comfort, or repose of any considerable number of the public would require documentation of actual noise levels (which could be done) or medical complaints directly arising from the aircraft noise. While there may be numerous residents affected within the City of Eagan, it would be a question to be decided by a Judge or jury whether or not that number was sufficient to involve the "public ". Another major hurdle to prosecuting this matter would be determining who was the appropriate defendant, the pilot, air traffic controller on duty, the FAA or the MAC. CONCLUSION I think it is very significant that I was unable to find any reported cases at any level where a governmental entity has 1`-� Mr. Thomas Hedges September 24, 1987 Page 4 attempted to prosecute criminally on complaints concerning excessive aircraft noise. In the alternative, the case law does not appear to cut off the right of any individual to sue for civil damages under a private nuisance theory and /or under an inverse condemnation theory. There may be legislation in effect in other states which would effect individual's rights and each case would depend upon particular facts and location of the parties involved. However, reviewing the case law and the Minnesota Public Nuisance Statute as written, it appears to me that the City may not proceed under any criminal statute. If you have any questions concerning this, please feel free to contact me. Very truly yours, HAUGE, EIDE & KELLER, P.A. Debra E. Schmidt DES:ras cc: Jon Hohenstein Jay Berthe ULTIMATE OBJECTIVE MAG MA SAC TO SEARcH FOR STUDY 4 AVOPT THE BEST POSSI6LE MET}top OP DISTRIBUTING A IRCRAFT NoIsE At' MsP THAT BEST MEETS — AIRPoRT COMMUNITY £ eNVIRoNME-IsTAG CONCERNS — 1987 my 1 AFFIL Vo1uMES FAA J4oV!?LY CAPACITY OEA1ANDS WEAT7IF.R /hv /NO RESTRICT IONS f tMI/TATIoNc - OPERATIoIUAL CoMaANS FAA AiAC, Al/RUNES -� g RAINSTORMIN6 6gOuP 1 nRAINSTOZIA U 6P,OVP - P. R.S - NEW RUNWAY V7 /L /zAT/OA/ SYSTEM OP.6AN 13 ATIO J / PRESENTATIo►J OP NOISE DISTRIBuT1bN POSSI81LITIE5 0W10 REcoMMENDArow) MA SAC. I M ASA C.■ 0 PEQATIONS CoM M 1 TTEE MA-C F u c a . , coM m i s s J o id /7 BRAINSTORMING PANEL MAC Commissioner Virginia Johnson MAC Commissioner Jan Del Calzo Captain Robert Cavill ( MASAC) Scott Bunin (MASAC) Captain Niel Atkinson (ALPA) Dave Kelso (MPCA) Doug Powers (FAA) Dick Petersen (FAA) Bruce Wagoner (FAA) Bob Collette (FAA) Nigel Finney (MAC Staff) Walt Hellman (MAC Staff) Steve Vecchi (MAC Staff) f� MINNEAPOLIS -ST. PAUL INTERNATIONAL AIRPORT Methods of Distributing Noise 1. Current PRS System 2. Reclarification of Current PRS System 3. Distributional Equity (All Communities Equal) 4. Distribution by Hourly Rotation 5. Distribution Based on Community Population - CONTROLLING FACTS: - Parallels must be used for 13 of 17 daytime hours due to demand levels. - Equal runway capacity is not available in all four directions. l I MIN EAP LIS /sr. PAUL INTERNATICNAL AIRPORT Wind Coverage and Hourly Capacities for Various Runway Ccnfigurations Approximate Hourly Approximate Hourly Capacity Capacity With 4/22 with Existing Airfield Extension in Place Wind With Without With Without Configuration Coverage * "Hold Short" "Hold Short" "Hold Short" "Hold Short CURRENT: Straight 29 50.4% 120 120 120 120 Straight 11 45.6% 120 120 120 120 Straight 04 44.2% 66 66 66 66 Straight 22 51.6% 66 66 66 66 Land 29s/Depart 22 27.2% 80 60 100 75 -90 Land 4/Depart lls 21.1% 90 60 90 80 NEW: , Land 29s /Depart 4 26.0% 90 60 90 50 Land 22/Depart lls 28.1% 66 66 66 66 Land 11L, 4/ Depart 11R 21.1% 90 65 90 65 Land 29L, 22/ Depart 29R 27.2% 80 65 80 65 Land lls/Depart 22 28.1% 60 60 90 90 * Assuming a maximum 20 knot crosswind, no tailwind, per FAA Tower Order. Calm winds included in all configurations. t:1,1--: is .(.\„` L.,: .- . / ( 1' -:1.: �-l:..,'', -.( L' . _ L`_ . Source: HNTB and MSP ATCT Analysis Revised 8/5/87 ao MINNEAPOLIS -ST. PAUL INTERNATIONAL AIRPORT Potential Groupings of Runway Operating Configurations Configurations Areas of Impact With Extension of Without Extension Off Runway 4 -22 Runway 4 -22 in Place of Runway 4 -22 Richfield, Land 29L +R; Depart 22 Land 29L +R; Depart 22 Bloomington Land 04; Depart 11L +R Land 04; Depart 11L +R Land 11L +04; Depart 11R Land 11L +04; Depart 11R Land 11L +R; Depart 22 St. Paul Land 22; Depart 11L +R Land 22; Depart 11L +R Land 29L +R; Depart 04 / • _(�_`. �.L�``l .'Y L%� LLB. �`L:" l•' � �/ MSP ATCT FIGURE 14. INTERSECTING RUNWAY DIAGRAMS AND TABLES h ' 1 2100 feet 4 [1 � r / .I_ '� �\\\\ \.� / � / r , ���� \ \� 6000 feet , •",...., 3200 feet / N I 1 1 ( � �� ,/ 4300 feet hi �����.� ■`� g tg∎4 ., / r . / N. ..---....,_ .. .•• ••• • / / ' / ` - �� \ \�� ...•••.• • �� //' , / / ` . ` • Z • • •• v •• •••••• • / , / ••• •/ / . "� / : : : 6200 feet / / / ���\��� / . Y / ∎ ∎\\\\\�, ∎ . / /s / I / ���\ ∎� / 6600 feet \I\ / : = / ��`\\\"" 7 e ` /:'� / / ) 2800 feet ����� I / Group 1. STOL aircraft. / / 1/ Group 2. Small piston - powered single or twin- engine airplanes and twin- engine turboprops of 12,500 I lbs. or less maximum landing weight. Group 3. All large two- engine piston - powered airplanes I except CV34, C444 and all large two- engine r turboprop- powered airplanes except C758 and J G159. = Group 1 Group 4. All large four - engine pistown - powered airplanes • o • �•'=•' • • except DC7, 715, 7C & L164. Large two- engine • • • •• • ft. = Group 2 turbojet- powered airplanes such as BA -11, DC9, •• s. •. •• i�- -L��` 8727's. Large two and four- engine piston and Group 3 turboprop - powered airplanes such as C934, CV44, �,-,:_.. G159, L188, V170 and 4180. 1 = Group 4 Group 5. Large four - engine piston - powered airplanes such as DC7, DC7B, DC7C and L164. All large three - Group 5 not permitted. engine (except 3727's) and four- engine turbojet- Runvav lengths are in- powered airplanes. adequate. .. III y E O 0 ...h. s n o ci 1 CO poos Jim.... ca c / 81111 1 .i.7.....\ ,-I Se Wil 7i e \ -----"I c t �-1 1. ' ' ' ''A - / , 41 4 r '''' I/ e 3 1' ) m LI o w z O e% v; V ` O tib j''' 1 l rP W 1 • amt zep>> � II r ,,,.....) a i t co cr i 6� c 0 Lri Ilk P t i e\----16S • i ti �� . i 7 fi , _ ' !' s , o 1 r n c. 0 a ,4 g 1." * .. 41 RI *airy z2p 7 / 0 Q ^ '"O CITY _u _._.__ O O — �� JFF10E OF C f J 307 CITY HALL MINNEAPOUS. MINNESOTA 55415 I PHONE. 348 -2211 5E1T O ff GR STEVE CRAMER COUNCIL MEMBER ELEVENTH WARD August 7, 1987 To: Ad Hoc Committe on MSP Runway Use From: Steve Cramer \/ I hope it wasn't presumptious of me to give our group a name: At the last meeting it was suggested I attempt to summarize our discussions to date. This was viewed as a step toward a proposed position regarding runway use to be presented to our respective policy bodies and, ultimately,: to MAC. The group came together with a shared understanding of three key points. 1. Overall rroise reduction is the first and over - riding priority for noise - affected communities. Support for the proposed noise budget is strong in the event voluntary agreements provide insufficient relief. 2. The current distribution of air traffic at MSP has become inequitable. Increasing flight levels has concentrated operations on the parallel runway and decreased operations on the crosswind runway. While a straight arithmetic division of traffic between runway ends is infeasible, it is possible to more fairly direct traffic around the airport. 3. Important questions remain unanswered about the 4 /22 extension as proposed by MAC. The project is a volatile issue and potentially divisive. A better way to approach runway use is to reach agreement on a desired outcome measured by % of operations off various runway ends. Once an agreement is reached, MAC and FAA officials can determine whether and how the goals can be met. The 4/22 project may be needed to make the agreement work, but at that point it would.. -b.e a means to an agreed -upon end. 4. 4 M4'IVE 2, C-'CN = �."P'_„ f:! n •?l : _ _ .L . _ ii ,� sue T _: +� . ., _ I , - - — y .- - _ _ _ _ _ -' "`r-"_ — — QS Air Traffic Distribution around MSP International 9/17/87 MASAC Community Representatives Problem - concentration of air traffic - breakdown of PRS - 4/22 Proposal - process to develop runway use concept Runway Use Plan Concept Discussion RECENT HISTORY OF AIR TRAFFIC DISTRIBUTION Average daily operations Month /Year for that month 7/79 508 8/81 664 8/86 1145 5/87 998 1990/2000 (projections) % of all date operations of all 7/79 3.5 8/81 .75 date operations 8/86 .5 5/87 1 7/79 30.5 1990/2000 1 8/81 44 8/86 58 5/87 41 1990/2000 45.5 % of all date operations 7/79 31.5 8/81 39.75 % of all 8/86 35.25 date operations 5/87 52 1990/2000 52.5 7/79 34.5 8/81 15.5 8/86 6.25 5/87 6 1990/2000 1 ; /7 5 - 15 - 25 - 55 PLAN" b of all operations 5 25 55 15 TARGET RANGE OPTIONS of all operations Option 1 5 -8 Option 2 11 -12 Option 1 25 -28 Option 2 23 -24 52 -55 Option 1 12 -15 Option 2 11 -12 CONSIDERATIONS IN DEVELOPING A RUNWAY USE PLAN - Goals for Air Traffic Distribution - Enforcement Program 2 - actual counts of aircraft - accounting for impact of weather /wind on runway use - computer system to aid FAA in achieving desired distribution - sanctions for non - compliance - Maintenance of Eagan /Mendota Heights corridor - Flight tracks off runway ends - Take - off /Landing distribution - Defined Airport Capacity (upon which runway use plan is based) - FAA Role . ational .0:7" .>. . STOP D rganizaton To NOISN: , '1111' , . ,� z nsure A ..�' r:; �ound Controlled Y• 14, Mc - • 2nvironment , NEWSLETTER VOL 10 NO 6 JUNE 1987 AVIATION LAW AND LAND USE TOPIC , _ SOUndS ii f �0� N.O.I.S.E. SEVENTEENTH ANNUAL MEBER- SHIP & OOARU OF DIRECTOR'S MEETING ��;���� • . Washingt ®n INGLEWOOD CALIFORNIA JULY 15-18 '87 . 'I, 1+11 ?ilh :. •• AVIATION LAW AND LAND USE will be Ii,� ��� the faetured topic at the N.O.I.S.E. . ��� Seventeenth Annual Membership and Braod of Director's Meeting that FAA Administrator Donald E. Engen will be held at the Airport Park has announced his resigantion, but Hotel in Inglewood, California on with no specific date. It is expectF July 15 to 18, 1967, situated ed that it will be sometime in ,mid next to the Los Angeles Internation- July. al Airport (LAX). Inglewood is one . of the founder Cities for N.O.I.S.E.. President Reagan has nominated T. • Allan McActor, now Senior Vice California has the most extensive set President of Telecommunications for of State Aviation Noise Laws in the Federal Express. He has been with country.. The California Division of . Federal Express since 1979 where he Areonautics will review these laws has concentrated on advanced aviation and will discuss how they relate to. •technology. the Federal Law, and to aircraft noise - impacted communities and to airport MaActor graduated from the Air Force` operators. A pannel representing L c: Academy. in 1964 and became a fighter lawyers, sponsors and communities pilot for ten years where he earned will discuss their use and effective - the'Silver Star and Distinguished ness. . • Fly.iag Cross in Vietnam. He flew with the Air Force !'THUNDERBIRDS" for two Noise Compatible land use is one of years. the hottest topics in the airport . noise field today. In some areas, AIRPURT.-AUTHORI7-ATION TAKES OFF development can still be prevented j near airports. In other areas, land ' The House Public Works and Transpor - use can change. In many other areas, - �tation Committee approved House bill residential areas preceded the airport HB 2310, the reauthorization of the by as much as one hundred years and Airport & Airways Trust Fund. The is predominately. set. What options - House Bill proposes a five year ex- do people have in these circumstances? tension with the first year funding ' '" ...if airport grants at one point seven What systems have been set up to al billion dollars. locate and determine land use? Several pannels will debate these frorli oppo- • ' continued to page 2, col1 " ` site sides of the sirport fence. : continued to page 2, col 1 1620 "EYE" STREET N.W. THIRD FLOOR • WASHINGTON DC 20006 • (202) 429 -0166 J.O. PHILIP LINDAHL P.E. EDITOR • EDITORIAL OFFICE —11 COND S ET • DES PLAINES. IL 60016 < continued from pogo 1, col t Some important changes were made in HEAD TO HEAD ABOUT AIRPORT NOISE! noise compatibility funding. The first AIRPORT NOISE CONFLICT RESOLUTION was an increase in the floor for • spending on noise projects. It was Seventy participants explored and eight percent of the airport grants in debated ways for communities to the past, but now it will be increased deal with neighbor airports about to ten percent. NOISE and ways for the airport to respond to communities at the Two changes are now proposed to weaken N.O.I.S.E. AIRPORT NOISE CONFLICT; the non - flexible rule that all noise RESOLUTION WORKSHOP held in .money must be spent through a PART 150 Kenner, Louisiana, May 1 &2, 1987. STUDY PROGRAM. Funds for soundproofing achools and certain other community Case studies of Denver, Minneapolis - facilities may be awarded with an St. Paul, Boston, John Wayne and authorized PART 150 STUDY PROGRAM. New Orleans illustrated the basic point that lasting solutions are In some areas, airports are not, for never achieved unless all parties one reason or another, pressuring the come to the table for discussion. PART 150 STUDY PROGRAMS. There is also Some airport authorities come _a suspicion that some airports which voluntarily, some have even pro have PART 150 STUDY PROGRAMS approved, vided the forum. Others, however, are not pressuring them aggtiressively. must be persuaded, by. neighborhood To enable noise impacted communities campaigns, media and publicity, by to carry out - noise abatement programs political action or even lawsuits. in these cases, House Bill HB 3210 provides that airport neighbor • Once at the TABLE, the process must communities may request the Secretary include every party that can affect of Transportation to make a finding a dscision. They, in turn, must be of failure to proceed with the PART represented by decision makers. 150 STUDY PROGRAMS for airports Such a process may then proceed it that ahve not applied or are not one of several ways. In the end, IL presuring their approval. Upon such comes down to the legal fact the a finding, ten percent of all FAA • airport sponsor has the most cru- GRANTS to that airport would be cial power to carry out noise abate- . available to the neighboring com- ment measures. munities in the form of direct noise - compatibility project grants without Attorney Eliott Cutler drove the reference to the airport. point home that Federal Law, and the cases which have been decided, give Similar NOISE COMPATIBILITY PROVISIONS the airport operator a unique, are in the Senate Reauthorization powerful position. If an airport bill. ,.... operator's noise abatement actions do not intrude on areas of Federal continued from page i ooi Preemption (SAFETY,. AIRSPACE, and NASA will survey the technology for INTERSTATE COMIV1ERCE),if they are the future as it will impact those carefully considered, if they actual- - living around the major airports in ly. impact on noise,~and if they are our country. not discriminatory,.theyo i 1 be • upheld by the courts. These . Manufacturers have been invited to the two most important points ,discuss how their new aircraft will veloped at this Workshop. use newer engines. Batelle Institute will look at the far future and will The airport sponsor must come to talk about supersonic transports of the TABLE and must agree to some the future, as they will relate to action. the aircraft noise problem. • For further information call Thomas The N.O.I.S.E. Board of Directors - Duffy, Executive Director 202 429- will consider how this workshop _ 0166. will be continued in the future. continued to page 3, col 2 NORMAN Y. CRAVENS �A Inglewood is a city of slightly DEPUTY CITY MANAGER .��,, over one hundred thousand P ersons INGLEWOOD, imediately adjacent to the Los CALIFORNIA „n " ` Angeles International Airport 'RECTOR �� (LAX). Several thousand persons and several hundred acres in Norman Y. Cravens is in his sixth Inglewood are severely impacted year as Deputy City ;Manager for the by the jet aircraft noise impact , City of Inglewood, California, and from operations at the main run - in his secord term as a member of ways at LAX. Inglewood City Man the N.O.I.S.E. Board of Driectors. ' agement has worked toward the He is responsible for budget prep- solution of the aircraft noise aration and administration, manage- ,impact on its residents on a ment analysis, intergivernmental natior.al level through N.O.I.S.E. relatiors, and public information. and through local efforts that He has served as the chief liaison include partiripaticn for many ' to N.O.I.S.E. since he started his years in the Airport Noise Control association with the City of Ingle= and Land Use Compatibility (ANCLUC) wood. Project at LAX and the development of two active redevelopment areas Inglewood is one of the founder in Ingiewoon near LAX. These cities of N.O.I.S.E. and was the projects are slowly recycling in host for the Ninth Annual Member- compatibil.e residential land uses ship and Board of Directors Meet- into a variety of commercial and ing in 1979 when the Inglewood industrial land uses. City management suggested that - N.O.I.S.E. should contract with The cities of Ingelwood and E1 the National Center for Munici- Segundo will host the Seventeenth . pal Development for representa- Annual Membership and Board of i_on in Washington D.C. to tell Directors Meeting to be held July 15 _ne N.O.I.S.E. story to those to 18, 1987 at the Airport Park Hotel .who represents us there in Inglewood. Norman Cravens has been working .with N.O.I.S.E. Executive Dir- � tl Or. National Organization to Insure a Sound - Controlled Environ , '- N.O.I.S.E. • . . • E FFECTIVE JANUARY 1, 1987 , ; , :- -- 'IIIP' , We want to join other cities, counties, towns, villages and concerned groups and individuals across the country in a national effort to combat the noise pollution menace to our environment. We understand our membership in N.O.I.S.E. makes us eligible to participate and vote on all matters of policy considered by the organization. \\� Who can join? Government Units by Population All units of government can join as active members - Up to 5,000 $ 120 with membership dues based on population. Non- 5,000 - 10,000 , �—. 300 governmental groups, including school boards and 10,000 - 25,000 600 individuals, are welcome as associate members. 25,000- 75,000 900 75,000- 100,000 1,200 MEMBERSHIP DUES 100,000- 250,000 1,500 . Associate Members— Individual $ 20 250,000- 500,000. 1,800 500,000-750,000 2,100 Organization Under 10 members .20 per member 750,000 - 1,000,000 2,400 Organization Over 10 members 200 maxiumum Over 1,000,000 _ 3,000 3s . ame of Community or Organization • Designated Representative to N.O.I.S.E Address Street City and State Mail to: Mark Mahon, Treasurer 8435 Portland Avenue South Signature Bloominoton. Minnesota 55420 3 Z pate continued from page 3, col 2 ector to plan this meeting and to Park Ridge, Illinois Mayor, Martin develop an ambitious family program Butler, and Chairman of the Subur -. for this meeting. ban O'Hare Commission said; "This is the first time someone of some Norman has worked "both sides of the authority and knowledge has come of fence" on the aircraft noise issue, and clearly stated that a third air - for in his previous position he was port is needed. It is a great shot the Deputy City Manager of Phoenix, in the arm for the idea." the Aviation Department, including Phoenix Sky Harbor International With increasing numbers•of aircraft Airport and two ganeral aviation air- operations there is an increasing ports reported to him. concern of the safety, which should be the main concern of the FAA. In recent months there have been an increasing number of reports FAA AL`MI NISTRATOR ENGEN SAYS: of "near misses' at O'Hare Interna- A THIRD MAJOR AIRFIELD IS DEFINITELY • tional Airport. NEEDED IN THE CHICAGO REGION" • To this end, the House Select Com- On April 24, 1987 FAA Administrator, mittee on Aeronautics conducted public Donald E. Engen stated during a Con- hearings in Bensenville, Illinois on gressional Subommittee Hearing in May 4, 1987 to hear residents living around O'Hare International Airport Washington D.C. that; " A third major airfield is definitely needed tell about flirting with disaster in the Chicago Region." while waiting for a crash to happen here. Safety in the skies and on the This prompted U.S. Congressman ground should be the.panamount role Richard Durbin, Democrat, from the of our Government (FAA). Springfield, Illinois area to call • upon Illinois Governor James U. S. Representative Henry Hyde of . Thompson to expidite the study Bensenville cited the urgency of underway by Peat, Marwick, Mitchell dealing with safety at O'Hare for & •Company, consultants to determine the air space is over crowded and unsafe, yet Chicago Department of if existing airports can be. expand-. Aviation is planning to bring in `ed, or if a new facility is needed • more operations, while the sur •to meet future travel demands in the rounding communities do not benefit area past year 2000. Congressman financially, only are subjected'to Durbin is a member of the Subcom more and more jet aircraft noise mittee to which FAA Administrator and possible safety hazards A Engen spoke. The consultants are ex- .- pected to complete this study by the - " ..., >, ,: - of June 1987. Preliminary investigations indicate '' '' . that present regional Airport capacity will not be able to handle r.. the air travel demand after the year 2000. IJ . . 0 NONPROFIT I A ® ® _ _. U.S. POSTAGE PAID 1620 "EYE" STREET N.W. THIRD FLOOR MA Y 0 R 8 EA 3 L 01'1. j U I S T D ES ERMIT S, I 6 WASHINGTON DC 20006 . _ .._ , . 1 CITY OF EGA" (202) 429 -0166 - 1 P• 0. a 0 X 21 1 421 EGAN , MINN 5 Editorial Office I 1186 Second Avenue , _ Des Plaines, Illinois 60016 Andress Correction Requested , 3 • 2/27/87 I N.O.I.S.E. MEMBERSHIP FULL MEMBERS: City of Audubon Park Audubon Park, KY City of Aurora Aurora, CO Village of Bensenville Bensenville, IL City of Bloomington Bloomington, MN City of Brighton Brighton, CO City of College Park College Park, GA City of Commerce City Commerce City, CO City of Des Plaines Des Plaines, IL County of Du Page Du Page County, IL City of Eagan Eagan, MN City of East Point East Point, GA City of El Segundo El Segundo, CA Village of Floral Park Floral Park, NY City of Forest Park Forest Park, GA City of Fresno Fresno, CA Town of Hempstead Hempstead, NY City of Inglewood Inglewood, CA Town of Islip Islip, NY Village of Itasca Itasca, IL City of Kenner Kenner, LA City of Long Beach Long Beach, CA City of Lynnview Lynnview, KY City of Minneapolis Minneapolis, MN Village of Norridge Norridge, IL City of Park Ridge Park Ridge, IL City of Richfield Richfield, MN City of San Bruno San Bruno, CA Village of Schiller Park Schiller Park, IL City of Signal Hill Signal Hill, 'CA City of South San Francisco South San Francisco, CA City of Sparks Sparks, NV City of St. Paul St. Paul, MN City of Tempe Tempe, AZ City of Thornton Thornton, CO City of Warwick Warwick, RI MASSPORT Boston, MA 3 `-1- 2/27/ ASSOCIATE MEMBERS (Individuals): Robert P. Adelbery Louisville, KY Albert Barry Des Plaines, IL Allan Beek Newport Beach, CA Senator Carol Berman Lawrence, NY Richard Blomberg Franklin Park, IL Robert Bunnell Arlington, VA Carol Burks Chopper Stoppers Los Angeles, CA James Chalupnik Seattle, WA Thomas Firle San Diego, CA Senator Mike Freeman St. Paul, MN Margie Gee Burbank, CA Patti Gorman Seattle, WA Dr. Walter Gunn Lilburn, GA Richard Houchin Bridgeton, MO Walter Johnson Norwalk, CT F. M. Kessler Bound Book, NJ Philip Lindahl Des Plaines, IL Charles McCarthy Maywood, IL Jim Meyer Edmont, CA George Nichols Washington, DC Kenneth Scott Norfolk, VA Rep. Wesley J. Skoglund Minneapolis, MN Terry Steinborn Boulder, CO Lee Weinstein Inglewood, CA Kathryn Urbaszewski Chicago, IL John Wesley Millersville, MD Richard Wilson Des Plaines, IL Paul Wukasch Elmhurst, IL Henry A. F. Young Manhasset, NY ASSOCIATE MEMBERS MASAC Minneapolis, MN Metropolitan Council -Twin Cities Area St. Paul, MN South Metro Airport Action Council Minneapolis, MN (SMAAC) N. National Organization to Insure a Sound - controlled Environment •I• S. E• 1620 EYE STREET, N. W. — 3rd FLOOR, WASHINGTON, D. C. 20006 • 202 - 429 -0166 December 17, 1986 MEMORANDUM TO: Board of Di rector(s) FROM: Tom Duffy SUBJECT: Position Paper Joe Lewis of TVASNAC in Hempstead, Long Island has put together a position paper reflecting the most recent trends in the national noise problem. The ideas are succinctly stated and the conclusions justified. I am enclosing a copy and recommend that you read it closely. 3 ( NOTES & COMMENTS ON NOISE_ & CAPACITY Trying to discourage individual airport noise restrictions that could affect capacity. Setting a ban on Stage 2 aircraft operations. It should be pointed out that TVASNAC and N.O. I.S.E. had cooperated in a request for banning Stage 2 aircraft operation in the United States about two years ago. At that time we had the support of the Airport Operators Council International. The FAA spokesman said that the proposal would respond to these concerns and also to the petition submitted about the same t irne by the Air- Transport Association (ATA) which sought a federal review of all proposed local airport noise rules. • It is my feelinc that this ATA proposal is one of the most dangerous proposals made by those who would eliminate all noise abatement efforts. The matter of the FAA cutting off federal funds to the San Francisco International Airport because they want to bars Burlington Air Express from using B707's that have been hush- kitted to meet Stage 2 standards, is now in the U.S. Court of Appeals for the Ninth Circuit and the U.S. Justice Department is opposing the airport on the grounds that the denial was unreasonable and discriminatory. The airport had banned the use of these aircraft on the ors mounds that they did not meet the local noise limits. It is a well known fact that the hush kits just about bring the 707's up to Stage 2 standards. In fact, there is one carrier using there at Kennedy and they violate the 112PNdB Port Authority noise rule every time they take -off. At a recent Airport Noise symposium, the manager of community relations for the Burbank /Glendale /Pasadena Airport told the attendees that efforts to duck the noise issue, hide information and make decisions aoainst the will of the majority are "not fruitful and leave the seeds of discontent ". He said that airport public relations officers should avid an "attitude of righteousness" when dealing with the public. On the other hand, a representative of the Aircraft Owners and Pilots Association, which is composed of private pilot=s and owners, said "We need to desensitize the community ". She said that general aviation and airlines need to "stand strong" behind the airport proprietors and take the initiative in educating the public. :3 _ NOTES & COMMENTS ON NOISE & CAPACITY Noise abatement procedures, regardless of whether they do result in abatement or not are developed by highly trained technical people on airport staffs and the FAA and in some cases by airline people. They are tested and checked fc.r safety before being put into practice. As for community involvement, many times the only community involvement has been the complaints received by the airport. Of course a pilot does not like a rule that is based on single event monitoring. He likes one based on an overall average. For example, if there are 10 flights and 8 of them are "quiet" while 2 make horrendous noise, the average may well be within the airports noise rule level. A consultant with McDonnell Douglas Corp. said that a national play: to phase in Stage 3 aircraft as quickly as possible is needed. We can agree 100% with that. However, we must not forget the fact that the use of a Stake 3 airplane is no guarantee of quieter skies. The consultant also said that there must be more land compatibility planning. Land compatibility planning may be viable at some airports but it is not a viable option for the area around Kennedy and LaGuardia airports. The FAA is extending the Part 150 program to include heliports. The Interior Department has urged the FAA to ban aircraft from certain areas of the Grand Canyon because of safety and the noise that impacts the endangered peregrine falcon. They urged that a study be conducted to solve the problem, but at the same time they said that restrictions on flight paths and rninirnurn ceilings "may impact adversely" on the profitability of air tour operations in the vicinity of the park. That's what known as wanting to have your cake and eat it too. Also there is more concern about birds, who by the way fly quietly, than people. A former counsel for the city of Charlotte, N. C. told a Airport Noise & Land Use Planning conference that the best 3 NOTES & COMMENTS ON NOISE & CAPACITY coordinate such a plan. There is much more agitation to eliminate as many noise rules and procedures as possible going on and we roust therefor be alert and take action wherever possible. One of the most insidious efforts is the one to have the federal government accept financial responsibility for noise abatement. That is, they would be the defendants in any law suits brought by communities or individuals. If that ever happens, there are two possible outcomes. One...The present noise impact would increase tremendously because, at least now, the airport does have a fear, however- small, of law suits, or Two...The federal government, in order to avoid lawsuits, would be forced to put such restrictive noise rules into effect that it would bring air traffic to a virtual standstill. A middle road has to be found with the honest and complete cooperation of all concerned. The airports, FAA, airlines, local governments and communities. To sum up, the next few years may well determine if there will be an improvement in the noise impact upon communities around airports. It is imperative that TVASNAC and similar offices around the country work closely with N. O.I. S. E. to prevent a deterioration of the problem. It means that we and others will have to appear at hearings and offer comments of the proposals under consideration. What we do in the next few years may well determine how our residents quality of life will be for a long time to carne. - c - 0 - o - o - o - 0 - o - o - i - o - Q - 3(1 • NI• O. S. E • National Organization to Insure a Sound - controlled Environment 1620 EYE STREET, N. W. — 3rd FLOOR, WASHINGTON, D. C. 20006 • 202 - 429 -0166 TESTIMONY OF THOMAS N. DUFFY EXECUTINVE DIRECTOR NATIONAL ORGANIZATION TO INSURE'A SOUND CONTROLLED ENVIRONMENT (N.O.I.S.E.) BEFORE THE SUBCOMMITTEE ON AVIATION COMMITTEE ON PUBLIC WORKS AND TRANSPORTATION NORMAN Y. MINETA, CHAIRMAN FEBRUARY 25, 1987 4 0 MR. CHAIRMAN AND MEMBERS OF THE COMMITTEE, THANK YOU FOR THE OPPORTUNITY TO APPEAR HERE TODAY. As SEVERAL OF YOU KNOW FROM PREVIOUS APPEARANCES, N.O.I.S.E IS AN ORGANIZATION OF CITIES WHOSE CITIZENS ARE IMPACTED BY AIRPORT NOISE. N.O.I.S.E. WORKS TO PROMOTE NATIONAL POLICIES WHICH ASSIST IN AVIATION NOISE REDUCTION. ITS MEMBERS ALSO WORK LOCALLY WITH AIRPORT AUTHORITIES TO DEAL WITH THE PROBLEM AS IT EXISTS AT EACH AIPORT. WE HAVE STRONGLY SUPPORTED THE WORK OF THIS COMMITTEE IN THE PROGRESSIVE STEPS OF NOISE REDUCTION LEGISLATION IT HAS TAKEN OVER THE YEARS, INCLUDING THE LATEST, THE SETTING OF A PRIORITY IN THE USE OF AIRPORT IMPROVEMENT FUNDS BY REQUIRING THAT NOT LESS THAN EIGHT -2- PERCENT OF THESE FUNDS BE SPENT FOR NOISE COMPATIBILITY PURPOSES. OUR POSITION ON THE AIRPORT IMPROVEMENT PROGRAM AND THE NOISE COMPATIBILITY SHARE OF IT IS SIMPLE. THE AIP SHOULD BE FUNDED TO ITS FULLEST AUTHORIZED LEVEL AND THE NOISE COMPATABILITY SETASIDE SHOULD BE, AT THE LEAST, CONTINUED. AT THE LOCAL LEVEL, AROUND THE MAJOR AIRPORTS, OUR MEMBERS WORK WITH AIRPORT AUTHORITIES TO REDUCE AVIATION NOISE AND ITS IMPACT. WE HAVE ACHIEVED SOME SUCCESSES, GREATER OR LESSER, IN VARIOUS PLACES. ANY SUCCESS WE DO ACHIEVE DEPENDS ON THE ABILITY OF THE AIRPORT TO ACT IN VARIOUS WAYS TO REDUCE NOISE. -3- THIS ABILITY HAS TWO COMPONENTS, THE AUTHORITY TO DO SOMETHING ABOUT NOISE PROBLEMS AND THE RESOURCES TO PAY FOR WHATEVER NEEDS TO BE DONE. IT IS THIS LATTER POINT THAT WE ADDRESS TODAY IN DISCUSSING THE FUNDING OF THE AIRPORT IMPROVEMENT PROGRAM. THE EIGHT PERCENT NOISE COMPATABILITY SHARE IS NECESSARY TO KEEP YOUR STATED NOISE PRIORITY IN FORCE AND TO HELP PAY FOR NOISE COMPATABILITY MEASURES. IT SHOULD BE NOTED THAT MANY AIRPORTS HAVE GONE BEYOND THE FEDERAL FUNDING THEY RECEIVE AND ARE ALSO DEVOTING LOCALLY DERIVED FUNDS TO THIS PUPROSE. THE ABILITY OF AIRPORTS TO RESPOND TO NOISE PROBLEMS IS THREATENED, BOTH IN TERMS OF INITIATIVES TO ELIMINATE THE (1(3 -4- MANDATED NOISE SETASIDE AND IN EVEN MORE DIRECT CHALLENGES TO THE AUTHORITY OF AIRPORTS TO TAKE NOISE ABATEMENT ACTIONS. WHILE NOT THE DIRECT ISSUE OF TODAY'S HEARINGS, RESTRICTION OF AIRPORT POWERS IN NOISE IS ALSO A RESTRICTION OF THEIR ABILITY TO USE NOISE COMPATABILITY FUNDS. THE AIRPORT ACCESS POLICY PUBLISHED FOR COMMENT BY FAA, IS SUCH A THREAT TO LOCAL AIPORTS. IT WILL BECOME, I AM SURE, A LEGISLATIVE ISSUE FOR YOU IN THE NOT TOO DISTANT FUTURE. VOLUNTARY DEFEDERALIZATION IS PROPOSED IN THE PRESIDENT'S BUDGET. FOR PRACTICAL PURPOSES THIS IS ALREADY TAKING PLACE AT MANY LARGE AIRPORTS. q (/ -5- N.O.I.S.E. HAS NO POSITION ON THE BASIC ISSUE, ALTHOUGH WE WOULD MAKE TWO RECOMMENDATIONS. - - THAT DISCRETIONARY NOISE - COMPATABILITY GRANTS CONTINUE TO BE AVAILABLE TO AIRPORTS THAT DEFEDERALIZE FOR OTHER PURPOSES. -- THAT A SHARE OF LOCAL PASSENGER CHARGES AUTHORIZED TO BE COLLECTED BE MANDATED FOR NOISE COMPATABILITY PURPOSES MUCH IN THE SAME MANNER AS IN THE TRUST FUND. THANKS YOU FOR YOUR ATTENTION. I WILL BE HAPPY TO ANSWER ANY QUESTIONS. `1 W. Dustin Mirick 3784 South Hills Court Eagan, MN 55123 (612) 452-2574 M E M O R A N D U M September 21, 1987 TO: Jon Hohenstein .973-1111 FROM: W. Dustin Mirick SUBJECT: Citizens League, Airport Research Committee 9/18/87 I noted the presence of the following: Sam Grais, MAC; Jan Del Calzo, MAC; Robert Stassen, MAC; Don Priebe, MASAC; John Richter, MASAC; Jim Serrin, MASAC; and Robert Pollock, MASAC. After the call to order staff discussed packet materials (enclosed), and then turned the meeting over to Mr. Richter and Dr. Serrin. As John Richter spoke, Jim Serrin sped thru a series of transparencies covering the airport, its development, and noise related problems. Much of their data was historical in nature including old newspaper articles and correspondence from MASAC, Met Council, and MAC files. The presenters concluded that the MSP facility is: 1 at its operational capacity, 2 unable to expand to meet the changing needs of the travelers or the airlines, and 3 well past the surrounding communities ability to accept noise. Using Denver as the prime example, the solution is to build a new mega airport on 6,000 + - acres in Dakota County Minnesota. The airport property would Include the Rosemount Experiment Station (U of M), and an additional 3,000 + - acres to the north from other parties. Facilities on site would include a large terminal, some very expensive parking, and the services necessary to the airlines. The airport would have six non - intersecting runways (three NW -SE, and three NE -SW) designed to be used simultaneously. The Lindberg Terminal would be retained and utilized for all local passenger services. A high speed train running on a dedicated right of way would transport passengers between the two terminals. The presentation was long, conceptual in nature, and utilized poor visual aids. I am sure we will hear more of this in the future. 416 VALUE OF LAND AT MSP Is it worth $500 million or is it worth more? What would it generate in taxes if used for offices and hi -tech facilities -- $135 million each and every year? ADDITIONAL EMPLOYMENT POTENTIAL With this desirable location surrounded by freeways and equi- distant to downtown Minneapolis and downtown St. Paul, and near Bloomington... look at the potential of construction jobs and close -in job opportunities. OTIiLR AIRLINE MAINTENANCE BASES IAA says one runway is enough if you continue the general overall main- tenance where it is presently located. OFFICE BUILDINGS GROWTH - Where? Check other cities and you will see the first two reasons for locations in suburban areas are good freeways and close to where the decision- makers live. Kansas City growth direction - SW; Airport - North. Omaha growth direction - SW; Airport - North. Chicago growth - Decision makers live North and l.'e�t; Airports are North and West. Minneapolis - where are the freeways? Where do the decision-makers live? IOTA1. COSTS AND TOTAL BENEFITS More efficiency is available; by starting with a "Ll :ink piece of paper ". What will the airlines save if mileage between airports is reduced? CAPACITY AND NOISE We have delays almost every day NOW, what will it be with more flights? Look what happened to the Noise Budget just recentl■ with United. TRAIN FEASIBILITY • Corridor could be available. Load - ride - unload in 15 minutes. Train at 70 miles per hour on right of way, faster than a car on the highway. Look at costs of a highway compared with the closed corridor. COST Denver - "POSTAGE STAMP" AIRPORT HUB AND SPOKE WHY NOT DESIGN THE ENTIRE SYSTEM FOR THE CUSTOMERS? INTERNATIONAL GATEWAY Minneapolis -St. Paul is actually closer to both the Orient and Europe over the Great Circle Route - take advantage of it. OUR "POSTAGE STAMP" AIRPORT PUTS OUR METRO AREA IN AN AVIATION TRAVEL GRIDLOCK Ilere is your opportunity to take advantage of increased airline travel and at the same time eliminate the noise pollution over our metro area. Professor James Serrin Mr. John T. 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