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2002-07-10 Airport Relations Commission MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MINUTES July 10, 2002 The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, July 10, 2002, at 7:00 p.m. in the Large Conference Room at City Hall, 1101 Victoria Curve. The following Commissioners were present: Scott Beaty, John Roszak, Vern Edstrom, Liz Petschel, and Ellsworth Stein. Staff present: City Administrator Cari Lindberg; Administrative Assistant Patrick Hollister and Recorder Bonita Sullivan. Also in attendance: Lee Henderson, Minneapolis Attorney. Ms. Sullivan took the minutes. Not Present: Commissioners Joseph Leuman and Gregg Fitzer Approval of Minutes Approval of May 8, 2002 Minutes. A motion was made by Commissioner Petschel, seconded by Commissioner Edstrom, to approve the minutes as presented. Vote 5 Ayes, 0 Nays. Unfinished/New Business A. City Administrator Lindberg — Update on Airport Relations Commission. City Administrator Lindberg provided the Commission with an update on the Airport Detail. She stated that the City Council has appointed two representatives, Mike Dwyer and Sandra Krebsbach and that they are in the process of reviewing the zoning ordinances. She explained that they are trying to come up with amendments for the new regulations in addition to changes to the zoning that governs the older runways. She referenced the existing development located at the end of the runway stating that she attended the last meeting where she did a presentation on Safety Zone B and the properties in the area. She explained that there are two sites yet to be developed and reviewed the location of the properties with the Commission. She explained that it is an equity matter stating that if Richfield and Bloomington receive exemption that Mendota Heights should receive the same equal treatment. She reviewed the density issues. Chair Beaty asked how the properties are zoned. City Administrator Lindberg stated that the properties are zoned industrial. Commissioner Petschel asked if there is a difference between Safety Zone B and One Engine Out. Mr. Henderson clarified One Engine Out to the Commission. City Commission Meeting —July 10, 2002 Mendota Heights Airport Relations Commission Administrator Lindberg expanded further stating that this would not affect Mendota Heights. She explained that the density restriction is 15 people per acre with a maximum of 45 people per site stating that they have asked for relaxation on this restriction. She further explained that they have also requested the same treatment as Bloomington and Richfield. City Administrator Lindberg reviewed insurance and liability with the Commission. She explained that at the last regular meeting the Cities of Eagan, Richfield and Mendota Heights stated that they would not continue to serve on the board until they were covered legally. She further explained that they are presently working it out with the MAC and that the next meeting is scheduled for July 18, 2002. Commissioner Petschel asked who indemnifies the MAC. Commissioner Roszak stated that they are indemnified through the State of Minnesota. City Administrator Lindberg stated that the insurance liability issue has stalled the process. She stated that a compromise is necessary or the entire process would continue to stall. She said that the MAC has to make the amendments with or without the participation of the Cities. She stated that the next regular meeting is scheduled for July 25, 2002 and that the attorneys are meeting next Thursday. She clarified that this is an advisory board created by the MAC and their role is to advise the MAC on various issues as they relate to the airport and surrounding areas. Mr. Henderson clarified that it is a statutory requirement. Commissioner Petschel expressed concerns stating that this is a very serious issue. She referenced a rezoning lawsuit involving Best Buy and Walser stating that she believes they are still in suit with the City of Richfield and that they have received positive results at the first level of the suit. She clarified that the reconfiguration of Cedar was due to the expansion of the airport. Commissioner Roszak clarified that this is just an advisory committee noting that they do not make decisions. He stated that it is very unlikely that there would be a lawsuit. Commissioner Petschel stated that her point is that there is always a risk noting the size of the State. City Administrator Lindberg expressed her agreement. She explained that if they were sued the question would be whether the City would cover the costs and ensure that it would be handled. Chair Beaty stated that he had just received a document from the MAC regarding the City of Richfield's response regarding the Airport Zoning Board. He asked if anyone else had received the document. He reviewed the content of the memo with the Commission. None of the Commissioners present had received the document. Commission Meeting —July 10, 2002 Mendota Heights Airport Relations Commission Administrative Assistant Hollister explained to the Commission that this could affect any Advisory Board at some point. He stated that they have a Representative on the NDC /TV Advisory Board adding that if the Cable Company would be sued it is possible that the City could be named in the suit. City Administrator Lindberg agreed adding that the League would not cover this Advisory Board, as it is not a direct City Board. Mr. Henderson clarified that they would need to have separate insurance. He stated that the MAC is encouraging the Cities to stray from the rules adding that the point is if you follow the rules there would be no lawsuits. City Administrator Lindberg agreed and clarified the issues further with the Commission. Commissioner Petschel clarified her point stating that the zoning stakes are high and with this type of decision process it is hitting the businesses and people very hard financially. She stated that this is a very serious issue. Commissioner Petschel asked where the Sheraton and the Grand are in the plan. Mr. Henderson explained that they are in the tear down area. He explained that all of this is due to economics and cost. He explained that the angle of the runway was designed in order to maintain the safety zone noting that it would have been in direct line with Mall of America with the original design. He noted that the safety zone is within a foot of the Mall. Mr. Henderson referenced studies that have been done to show where the planes are located on the runways. He explained that the study enabled them to determine land use around the airport and that the results of the study also included various crash scenarios and accident points. B. Third Parallel Runway Contract. Administrative Assistant Hollister provided the Commission with a copy of the Third Parallel Runway Contract. He stated that this contract is the most recent copy on file. Commissioner Petschel asked for clarification on the differences between the document they originally signed and what the City of Minneapolis received. Chair Beaty explained that Mendota Heights was the first City to do a contract. He stated that the Mendota Heights contract went out 20 years and that the Minneapolis contract went out 50 years. He further explained that they tried to make other changes that were not accepted adding that it has been long enough ago that he does not remember the changes that were requested. Commissioner Roszak confirmed that Chair Beaty is correct with respect to the years noting that originally it was 20/20 and that it has since been changed to 50/20. He explained that they also wanted to insulate the Bureau of Mines land adding that the theory was to record this so it would run with the land. He stated that there were three issues, more time, protecting Bureau of Mines land from development, in a recordable foiin. Commission Meeting —July 10, 2002 Mendota Heights Airport Relations Commission Chair Beaty stated that it also included their agreement with the 1735 adding that if they were to agree with the MAC to do it that they would have to abide by EIS. Commissioner Petschel stated that this does not need to be in there adding that once they do an environmental impact statement that they must then abide by the percentages stated in the environmental impact statement. She explained that she and Commissioner Stein discussed this issue at the MAC meeting. She stated that it was clarified that the environmental impact statement binds them and that it requires them to abide by the percentages. Commissioner Roszak clarified that it also provides further leverage in the event of a lawsuit. He suggested making a proposal and see what they would want to do with it. Chair Beaty stated that December 31, 2020 was the first contract that Mendota Heights had. He stated that the report appears to be their original with markups. He stated that at this point, after two years, what do they want to do. He asked the Commission if they should go ahead, sign it and move forward. Commissioner Petschel stated that she would. like to see this signed. City Administrator Lindberg stated that she could pass this on to the Mayor adding that he has requested the report. She stated that she could provide a copy for his review and would provide his feedback for the next meeting. A motion was made by Commissioner Petschel, seconded by Commissioner Edstrom, to approve that the third parallel runway contract, as resubmitted by Metropolitan Airport Commission, be forward to the Mayor for his review and signature. Vote 5 Ayes, 0 Nays. Motion Carried. Commissioner Stein noted that he had heard that the mining company would be a part of the parking for employees at the airport. Administrative Assistant Hollister stated that approximately two to three years ago the airport was facing a critical parking shortage and that he had received numerous calls at the time for park and ride lots. He explained that they were requesting structured or unstructured lots to be located in Mendota Heights. He stated that the requests were turned down because it is not allowed by the zoning ordinance. He clarified that this was not included in the ordinance because of the airport adding that he has not received this type of call in a long time. C. Tollefson Development, Acacia Site PUD Concept Plan City Administrator Lindberg stated that Ms. Krebsbach is concerned about having a united front on the part of the Cities. She clarified Ms. Krebsbach's concerns regarding the City of Eagan and the Tower Order issues adding that they had requested a copy of the Tower Order and received a copy dated 1992. Commissioner Petschel stated that Commissioner Leuman has a copy of the Tower Order for City of Eagan. City Administrator Lindberg stated that Ms. Krebsbach had requested Commission Meeting —July 10, 2002 Mendota Heights Airport Relations Commission a copy from Roy Fuhrman and Chad Leqve and that they were not able to produce a copy. She explained that Ms. Krebsbach is concerned about how the City would go about dealing with this land. Administrative Assistant Hollister stated that Tollefson it is their belief that they are no longer interested in the property and have moved on. He stated that he has recently received several calls about the land and its use. He stated that at any time someone could come in and submit an application. Chair Beaty asked if the Council has done anything or made any decisions on this issue. City Administrator Lindberg stated that presently the Council is divided on the use of the land. Commissioner Stein asked why Tollefson backed out. Administrative Assistant Hollister explained that it might have been a financial issue adding that they are not completely sure they are out of the picture. He further explained that they have not heard from them in a couple months. City Administrator Lindberg stated that they have the MAC's attention adding that they are concerned. She stated that Ms. Krebsbach wants to discuss this issue at the next meeting and reviewed the Garron's Circle issues with the Commission. She stated that there is a concern that if they put commercial on that property that it would provide the airport more license to fly over that site frequently. Chair Beaty expressed agreement adding that if they were to also place residential in that area they would get pounded. Commissioner Edstrom clarified that Jeff Hamel is only opposed to residential in that area. City Administrator Lindberg confirmed and reviewed the Garron site location with the Commission. Commissioner Petschel clarified that this has been called the Gateway of Mendota Heights. City Administrator Lindberg stated that John Allen has now hired his own broker. Administrative Assistant Hollister confirmed that there is an individual who is working with John Allen. Commissioner Petschel referenced the attitude of the MAC at the Council meeting adding that she would like to see them come and discuss their concerns in a collegial foiuiat. She expressed concerns stating that the negative attitude could be causing others to be a bit stubborn in working through the issues. She asked if she understood this issue correctly. City Administrator Lindberg continued that this is an issue and reviewed the concerns with the Commission. Administrative Assistant Hollister stated that this land has been guided as residential all the way back to 1979. He stated that it has been suggested that the MAC may realize that they do not really have the power to stop them from building residential on that site. He explained that it is apparent that anytime the MAC is aware that a meeting or public Commission Meeting —July 10, 2002 Mendota Heights Airport Relations Commission forum on the issue is scheduled they ensure that they have representatives at each meeting to make statements. He explained that they take every opportunity to make their statement in an environment that would document their statements within the minutes. He further explained that it is possible that they are doing this in order to avoid responsibility for insulation of an area that is in direct line of the airport. He stated that they are in the process of immunizing themselves against any possibility of accountability. He stated that because of the land use planning of 1996 it reversed the order of primacy of planning and zoning. He stated that the Metropolitan Council has review and change authority adding that if it is a case where one of these properties had not been guided as residential they would have power to prevent but because it is not they do not have the power. City Administrator Lindberg stated that she was contacted last week by their sector representative, Mike King and that if they want to do a study for this area there might be money available through the MAC. She stated that Jeff Hamel had contacted him on this issue. She stated that he asked for clarification of the issues adding that Mr. Hamel is not only appealing to Mendota Heights but he is also appealing to the Metropolitan Council. Administrative Assistant Hollister stated that the Metropolitan Council has a social agenda for more housing, specifically multi-family. He explained that if you have two properties in Minneapolis with a multi-family zoning that it would be very difficult to change this. He explained the changes in zoning decision process made by legislature with the Commission. Commissioner Petschel expressed concerns that this would be a huge issue in the near future and suggested a joint meeting with the Council and ARC adding that the communication might be better face to face. City Administrator Lindberg asked if they would like a meeting and should they include the Planning Commission. Commissioner Roszak stated that he does not think this is an ARC issue. Chair Beaty and Commissioners Edstrom and Petschel expressed their disagreement stating that land use issues are ARC issues if the decision is being driven by conceivable airport noise. She stated that the airport is a part of the plan and that it is an issue. She stated that it is important to get the advice and discuss in a face-to-face environment. Chair Beaty asked for clarification on the issues Ms. Krebsbach would like to address at the next meeting. City Administrator Lindberg explained that Ms. Krebsbach would like to discuss Airport Zoning issues and the Garron property issues. Chair Beaty suggested listening to Ms. Krebsbach before requesting a joint Council and Planning Commission meeting. All Commissioners present agreed. Commissioner Stein asked for clarification as to who Jeff Hamel is speaking for. City Administrator Lindberg stated he is speaking on behalf of the MAC. Commission Meeting —July 10, 2002 Mendota Heights Airport Relations Commission D. Rogers Lake East Group-Request for assistance in purchasing Software. Chair Beaty asked for an update on the request made by Mr. Heide and Mr. Kosel for the purchase of software. He explained that he has received calls from Mr. Heide and Mr. Kosel and based on his conversations with them it appears that the Mayor has decided that it was not the best use of City funds. He stated that it is his understanding that if the City pays for the software that the City would own it and that there would be licensing issues if they allowed the use of the software. Commissioner Petschel asked if they have purchased the software. Chair Beaty stated that they have not purchased the software. He stated that they are trying to determine how they can get the software. Commissioner Petschel suggested pooling with the neighbors in the area to purchase the software. Chair Beaty stated that they have already spent a considerable amount of money and he expressed his agreement with the Mayor. He explained that his problem with this issue is that they approved this request as a Commission and the Mayor vetoed their decision. He asked if there was anything they, as a Commission, could do or should they let it go. Commissioner Roszak stated that there is nothing they can actually do as an advisory board. Commissioner Edstrom clarified and suggested that they need to be cautious with requests like this in the future. Chair Beaty suggested that they issue a letter of explanation to Mr. Heide and Mr. Kosel. Commissioner Petschel asked if they have received any new correspondence from Mr. Heide or Mr. Kosel. Administrative Assistant Hollister stated that they have not received as much correspondence in the last month as they have in the past. Chair Beaty referenced a letter he received regarding the Part 150 HNTB and asked the Commission if they had received the memo. Commissioner Petschel provided a background history of the Rogers Lake East Neighborhood issues to Mr. Henderson for their discussion. She stated that the HNTB has been given enoinious contracts by the MAC without competitive bidding. She explained that MAC had never gone out for competitive bidding for their service issues. Commissioner Petschel explained that the reason they could not do the final submission for Part 150 was due to the changes made to the nautical turns off from the new 1735 runway. She reviewed the issues with the Commission stating that they decided on a 2.5 nautical turn. She stated that at the time Mr. Leqve was here to discuss this issue it was 2.7. She stated that this change required them to do a new environmental assessment. She explained that they asked if this would change the flight tracks at the end of the Commission Meeting —July 10. 2002 Mendota Heights Airport Relations Commission runway. She further explained that they were told it would affect the flight tracks slightly but that it would not affect Mendota Heights. She stated that they are inviting all the neighbors in the area to come in and see the new flight tracks. She noted that Mr. Leqve stated that the environmental assessment would not change the percentages. She stated that she ran into Dick Saunders and he stated that he is looking at the noise contours for South Minneapolis. She explained that they have discovered that south Minneapolis has 800 homes in the LDN 65 that MAC did not know about. She further explained that the reason they did not know about these homes is because when they did the computer projections there was no allowance included for the decrease in traffic in the cross runway. She stated that this calculation was not included. She stated that during that timeframe they had residents stating that they were in the LDN 65 and the MAC was saying no. She explained that when they redid the calculations they found that what the residents were saying was true and now they are coming back to the group saying that when the 1735 comes it would change the calculations. She further explained that it was stated that the MAC would not be responsible for insulating these homes. She stated that all it took was forgetting to include one calculation within the formula and that omission has affected 800 homes. Commissioner Petschel stated that another issue is with the Residents located at the end of the runway. She explained that several of the residents who are at the end of the runway were told that they would be bought out but have not been provided a buyout timeframe. She further explained that several of these residents have very costly projects that need to be done and they are very frustrated with the MAC. She stated that they are trying to get a commitment from the MAC and they would not commit. She stated that Dick Saunders is going to contact City Administrator Lindberg regarding the Coalition for Metro Transportation. She explained the function of the group to the Commission stating that it relates to everything that is impacted by the airport. She provided City Administrator Lindberg with a contact number for Dick Saunders. She suggested considering involvement with this group stating that it includes the Cities of Richfield, Bloomington, and Eagan. She stated that the group is very interested in having Mendota Heights participate adding that they have a fall startup. Commissioner Roszak asked what it costs to insulate a home. Commissioner Petschel clarified that the cost includes windows, air conditioning and walls stating that the cost would depend upon the size of the home. Commissioner Petschel referenced the increased flights over Augustus Shores. City Administrator Lindberg stated that Ms. Krebsbach and the Mayor are concerned that Augustus Shores issues have been built up and with all the controversy, the flights over the area have actually increased. She stated that they have asked that the MAC be contacted to clarify this issue. She stated that she has never seen so many flights north of 110 adding that it used to be all the landings were south of Mendota Heights. She expressed concerns stating that the change is quite significant and asked for clarification on their reasons for the change. Commission Meeting —July 10. 2002 Mendota Heights Airport Relations Commission Commissioner Roszak stated that it could be due to all the bad weather in the recent months. Commissioner Petschel reviewed the statistics over the last four months stating that it has increased considerably. E. Airport Noise Plan of Action Commissioner Petschel suggested tabling this discussion to a later date. City Administrator Lindberg suggested including this item on the agenda for their meeting next month in addition to Ms. Krebsbach. The Commission agreed by consensus to table the discussion until their next meeting. ACKNOWLEDGE RECEIPT OF VARIOUS REPORTS/CORRESPONDENCE The Commission briefly reviewed the following documents: Commissioner Petschel referenced the number of operations outside of the corridor in April. She stated that almost 70% of the operations were outside the corridor adding that this is extremely high. She expressed concerns stating that it appears that they have actually changed the corridor and that the increase in operations outside of the corridor is significant Administrative Assistant Hollister referenced Items e, f and I and explained that these are new items he found out on the Internet and that he wanted to provide this information for their review. Commissioner Stein referenced the April reports stating that in reviewing the numbers for the top 15 runways that it adds up to 30% and asked where the other 70% go. He asked if the feeder operation is that large. He stated that Chicago and Dallas should be generating considerably more with respect to flight destinations. Mr. Henderson suggested that it could be due to the fact that Minneapolis/St. Paul is a hub. Commissioner Edstrom stated that there could be several factors involved with respect to incoming traffic. He explained that the pilot has options but that the controller is also involved. Chair Beaty referenced the June 7th Airport Noise Report on Australians redoing their noise guidelines and suggested that the Commission read the article. He stated that it is very interesting with respect to the system used adding that it is more people friendly. Acknowledge Receipt of Various Reports/Correspondence: a. Letter from Guy Heide, Rogers Lake East Airport Noise Reduction Committee, to Wendy Bartlett, Metropolitan Airport Commission, dated May 16, 2002. Commission Meeting —July 10, 2002 Mendota Heights Airport Relations Commission b. Letter from Guy Heide, Rogers Lake East Airport Noise Reduction Committee, to Joe Alter, Office of the Legislative Auditor, State of Minnesota, dated May 22, 2002. c. Letter from Guy Heide, Rogers Lake East Airport Noise Reduction Committee to John Yunker, Office of the Legislative Auditor, State of Minnesota, dated May 24, 2002. d. Letter from Guy Heide, Rogers Lake East Airport Noise Reduction Committee to Wendy Bartlett, Metropolitan Airports Commission, dated May 28, 2002. e. February 2002 MASAC Eagan/Mendota Heights Departure Corridor Analysis (Draft). f. March 2002 Technical Advisor's Report (Draft). g. WHAT'S NEW at the MAC Aviation Noise and Satellite Programs. h. Public Notice of New North/South Runway Open House. i. MAC Meetings and Events Calendar j. Metropolitan Council Aviation Advisory Task Force Draft Report k. Section 12: Airport Noise and Operations Monitoring System (ANOMS). 1. Miscellaneous New Articles. m. April 2002 MASAC Eagan/Mendota Heights Departure Corridor Analysis (Draft). n. May 2002 MASAC Eagan/Mendota Heights Departure Corridor Analysis (Draft). o. April 2002 Technical Advisor's Report (Draft). p. May 2002 Technical Advisor's Report (Draft). q. MAC: April 2001 vs April 2002. r. MAC: May 2001 vs May 2002. s. Airport Noise Reports. OTHER COMMENTS OR CONCERNS City Administrator Lindberg stated that Administrative Assistant Hollister is going to be attending the NOISE Conference and asked that he provide an overview at the next meeting. Administrative Assistant Hollister stated that he is looking forward to the conference and discussions. He stated that it would be interesting to hear what other areas are doing adding that it would be in the abstract with a more global setting. Administrative Assistant Hollister reviewed the conference agenda items with the Commission adding that he is really looking forward to the meeting and discussions. ADJOURNMENT A motion was made by Chair Beaty, seconded by Commissioner Edstrom, to adjourn the meeting at 8:35 p.m. Respectftilly submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc.