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2003-02-12 Airport Relations Commission MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MINUTES February 12, 2003 The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, February 12, 2003, at 7:00 p.m., in the City Council chambers at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. The following Commissioners were present: Scott Beaty, Liz Petschel, John Roszak, Ellsworth Stein and Gregg Fitzer. Staff present: Cari Lindberg, City Administrator, Patrick C. Hollister, Administrative Assistant; Also present were John Huber, Mayor; Sandra Krebsbach, Council Member and NOC Representative; James Metzen, Senator; Tom Pugh, State Representative; Guy Heide and Mike Kosel, Rogers Lake East Airport Noise Reduction Committee; and Bonita Sullivan, Recorder. Ms. Sullivan took the minutes. Not Present: Commissioner Vern Edstrom and Jack Vitelli, Council Member and NOC Representative. Approval of Minutes Approval of the January 8, 2003 minutes. A motion was made by Commissioner Petschel, seconded by Commissioner Roszak to approve the minutes for January 8, 2003 as presented. Motion carried 5-0. Unfinished/New Business A. Senator James Metzen and Representative Tom Pugh Senator Metzen explained that he came to hear from the Airport Relations Commission noting that he recently met with the Rogers Lake East Airport Noise Reduction Committee to hear their concerns. He stated that Representative Pugh has also arranged for the Rogers Lake East group to meet with Attorney General Mike Hatch. He stated that the Rogers Lake issues are an ongoing concern and would like to hear feedback from the Airport Relations Commission with regards to what they should be doing to help. Representative Pugh agreed with Senator Metzen, adding that this is their first step in learning how to help. He stated that he had the opportunity to view the ARC video in addition to meeting with Council Member Krebsbach, Council Member Vitelli and Senator Metzen to discuss the development issues. He stated that the Rogers Lake presentation was put together very well and was quite helpful in understanding the concerns. He stated that they are available to help in whatever way is possible and asked Commission Meeting—February 12, 2003 Mendota Heights Airport Relations Commission the Airport Relations Commission to keep them informed of the issues and their progress. He stated that news travels quickly around the State Capitol noting that two days after the Rogers Lake East presentation he was approached by a MAC lobbyist to discuss the issues. He stated that the Rogers Lake East group put together a pretty good case adding that it appears that the neighborhood should have been helped. He stated that it appears that the neighborhood belongs in an area that should be getting help adding that they can keep the pressure on and suggested assistance from Attorney General Mike Hatch. Senator Metzen agreed stating that the presentation by Rogers Lake East Group is one the best, most concise presentations he has seen. Commissioner Petschel thanked Senator Metzen and Representative Pugh for their support. She provided them with an overview of the grassroots organization of the group stating that their tenacity as group, the quality of the research. and presentation clearly shows that their concerns are valid. She stated that it is their belief that without their support that this group would not have been taken seriously. She expressed gratitude to both Senator Metzen and Representative Pugh for their assistance. Senator Metzen asked if Commissioner McKasy has been helpful and supportive. Chair Beaty stated that from the feedback they have received from Mr. Heide Commissioner McKasy has been pretty responsive. Commissioner Roszak asked if there has been any activity in the Legislature regarding the MAC or the airport. Senator Metzen stated that they have not seen anything specific. Representative Pugh explained that it is very difficult to get a feel for certain issues until it has been introduced as a bill adding that in the future they would monitor the MAC and airport issues. City Administrator Lindberg noted that towards the end of the legislative session there was considerable discussion regarding the reporting structure as it relates to the MAC. She explained that the discussion involved the MAC reporting to MnDOT adding that no decisions had been made before the legislative session ended. Commissioner Petschel agreed that the Rogers Lake East Group has a very good case. She explained that the issues ARC finds most disturbing are the noise levels, the lack of dollars spent for insulation and the changes in flight patterns. She expressed concerns stating that if their numbers do turn out to be correct that they would have very serious issues, in addition to the insulation issues, that should be addressed. Representative Pugh agreed adding that the MAC should not be arbitrarily drawing the lines. Chair Beaty explained that understanding airport issues involve a huge learning curve adding that it takes a long time to sort it all out. He stated that this is an incredible accomplishment coming from a grassroots organization adding that the Airport Relations Commission wants to work together with both Senator Metzen and Representative Pugh in addressing these issues. He encouraged them to provide the ARC with suggestions and ideas that would help the ARC keep them informed of ongoing issues. 2 Commission Meeting —February 12, 2003 Mendota Heights Airport Relations Commission Commissioner Petschel suggested forwarding them copies of the ARC minutes. Representative Pugh agreed that there is a large learning curve adding that this is a relatively new issue for him. Senator Metzen suggested contacting Senator Oberstar noting his work with the FAA. Commissioner Roszak agreed stating that there several significant issues coming out of the FAA. He clarified that they are not looking to insulate all of Mendota Heights stating that their goal is to have a fair and equitable distribution of the program. Chair Beaty agreed stating that in its present state it is not an equitable distribution. Commissioner Fitzer reviewed the changes in the nighttime flight patterns and corridor with the Senator Metzen and Representative Pugh. Commissioner Petschel expressed concerns regarding the simultaneous take -offs and reviewed the areas affected with the Senator Metzen and Representative Pugh. Chair Beaty explained that capacity is also an issue stating that the airport's goal is to try to get as many planes out in the shortest amount of time possible. Commissioner Stein stated that since the restructuring of MASAC, almost a year ago, representatives from the carriers and neighborhoods have yet to be appointed and he asked why they are dragging their feet. City Administrator Lindberg stated that she has background information on the formation and structure process. She stated that she would forward that information to Senator Metzen, Representative Pugh for their review. Mr. Kosel referenced the increase in nighttime flights and reviewed his understanding of the original restrictions with the Commission. Senator Metzen stated that they would continue to monitor the issues and asked the Commission to keep them informed of their progress. B. Mayor John Huber — Introduction of Mike Povolny Mayor Huber introduced Mike Povolny to the Airport Relations Commission. He explained that Mr. Povolny would be the newest member of the Commission noting that it has not been officially announced. He provided the Commission with an overview of Mr. Povolny's background. He stated that Mr. Povolny reviewed much of the Commission's information and expressed his interest in working with the ARC Commission. Mr. Povolny stated that he has reviewed much of the Airport Relations Commission information adding that their issues were very interesting. He stated that he has much to learn adding that he is looking forward to helping the people of Mendota Heights. 3 Commission Meeting —February 12, 2003 Mendota Heights Airport Relations Commission C. Rogers Lake East Airport Noise Reduction Committee Mike Kosel provided the Commission with a historical overview of the Rogers Lake East Airport Noise Reduction Committee. He explained that a significant change began to happen in 1990 and reviewed the changes with the Commission. He stated that the Rogers Lake East neighborhood is in the 65 -decibel range area and provided a map of the area for the Commission's review. Guy Heide explained that the Metropolitan Airport Commission was the source for approximately 99% of the data they used for their research. He stated that they spent two years researching these issues and their intent is to pursue this to a decision. He explained that it involves two issues: the implementation of the new runway system and the Part 150 Update. He explained that under Minnesota law the Metropolitan Airport Commission and its Commissioners have the power to conduct investigations in the form of hearings open to public. He reviewed the process with the Commission. He referenced a rough draft letter that has been written, addressed to Commissioner McKasy, addressing these concerns and reviewed the content of the draft letter with the Commission. Mr. Heide referenced the RUS (Runway Use System) and explained to the Commission that this process determines how the planes come in and out of the airport. He fin-ther explained that the RUS are the directions used by the Air Traffic Control Tower to bring the planes in. He explained that this is what sets the noise footprint and reviewed the contours with the Commission. He reviewed the 65, 70 and 75 DNL Contours, the Preferential Runway Use System and how it operates with the Commission. He provided the Commission with an overview of the timeline of events stating that it is their belief that in 1991, when the RUS was implemented, it was at this point in time that their homes were moved into the 65 DNL Contour. He reviewed the FAA requirements, the RUS Test Noise Exposure Map and RUS test locations with the Commission. He explained that the RUS was supposed to decrease the noise stating that after researching the area it was found to have actually increased noise over the Minneapolis area. Mayor Huber referenced Attachment E and asked where this was found. Mr. Heide stated that Attachment E came from a manual published in 1989 that included the map and documentation for the RUS test. Council Member Krebsbach clarified that the "terms of average" are assuming the average monthly overflights are for a three-month period. Mr. Heide clarified his understanding of the calculations used to determine the RUS. Mr. Kosel further clarified that the RUS tests were hand -counted reports for the arrivals and takeoffs. Mr. Heide explained that for the PRS results they used the months of November and December 1987 and January 1988. He reviewed how the MAC seems to have inflated the contour with the Commission. He further explained that on January 11, 1990 the 0 Commission Meeting — February 12, 2003 Mendota Heights Airport Relations Commission Commission published the hearing results. He referenced Exhibit H and asked that the Commission compare it to Exhibit F. He stated that it was revised after the last public hearing held on February 8, 1990. He referenced several changes and reviewed them with the Commission. Council Member Krebsbach asked if there was anything said at the hearing that would cause them to revise the information. She asked if they found anything that provided reasons for the changes. Mr. Heide stated that there was nothing found in the hearing report that explained the reasons for the changes. Mr. Kosel stated that many of the documents are available for review at the Eagan library. He stated that documents for the period covering the 1970's are not available at the Eagan library noting that they found them available at the Legislative library. He stated that getting the documents is a very slow process. Mr. Heide reviewed the 1991 contour with the Commission and pointed out that it appears that the MAC took noise from one area and moved it to another in order to make some months look higher and the RUS look lower. He referenced the population numbers for 1991 stating that they published 3 0,3 70 as the population. He reviewed the numbers with the Commission noting that the populations for both South Minneapolis and Mendota Heights increased which means the reduction of 2,467 is not correct. Mr. Heide referenced the hearing officer's report and reviewed the content with the Commission. He referenced the map for 1992 and reviewed the expansion of the RUS area with the Commission. He explained that they had six RUS Noise Test monitoring sites stating that none of the test locations were in Mendota Heights. He further explained that the report shows a reference to the noise monitor results that states the majority of traffic goes into the Eagan/Mendota Heights corridor. He asked how not placing a monitor in this area could be explained. He stated that if the majority of the noise is in this area, wouldn't you place a noise monitor in this area. He clarified their strategy to the Commission stating that it is their intent to send a letter to Commissioner McKasy requesting an investigation. He stated that if they do not get a response from Commissioner McKasy it is their intent to forward the request to Attorney General Mike Hatch. He stated that they have met with Mark Dayton's office adding that his staff has offered to assist if the FAA is less than responsive to their request for investigation. Commissioner Petschel stated this is the portion she finds most disturbing noting that the MAC must have known, every month that the operations were increasing. She explained that they were not putting as many flights off to Bloomington and did this repeatedly over a period of years. She stated that there was no form of quality control and they knew that the map was inaccurate. She stated that it looks like the MAC knew they were not insulating the homes that were entitled to insulation. She stated that the maps could have been updated, very honestly and they did not do it. 5 Commission Meeting —February 12, 2003 Mendota Heights Airport Relations Commission . Mr. Heide stated that 1987 is when the initial Part 150 Study began. He provided the Commission with an overview noting that they revised the study results in March of 1992. He stated that the FAA did not accept the revised maps adding that in September 1993 the MAC submitted the revised maps presently being used. Mayor Huber clarified his understanding stating that the Part 150 map is a forecast of what it looks like five years out and asked if the forecast was based on what they claimed from the RUS. Mr. Heide stated no, and clarified further for the Commission. Mr. Kosel further clarified the map revisions for the Commission stating that they are still living by - the map that was first rejected by the FAA. Mr. Heide stated that in October 1993 the MAC changed and adopted the Alternative lA Map noting that the Rogers Lake area was included in the area. He stated that they are including this as part of their request for investigation. Chair Beaty clarified their reason for inviting members of Council was to give them an opportunity to become familiar with the issues. He stated that they would like to ask that City Council forward a letter supporting their request to investigate potential errors in the contour maps. He stated that sound attenuation should have been done in areas of Mendota Heights. Commissioner Petschel clarified that it is not their intent for Council to do.due diligence or investigate. She referenced their resolution asking Council to investigate and respond stating that this group has never received an adequate response. She emphasized that the Airport Relations Commission is not asking to Council to decide what is right or wrong. She explained that they are asking for their support in requesting an investigation into the issues. She explained that the Rogers Lake East Group just wants the MAC to acknowledge their mistake and move forward. She further explained that the Rogers Lake East group had received non-responsive letters, threatening letters and slow response in providing documentation. Council Member Krebsbach acknowledged their concerns stating that she and Council Member Vitelli attended a meeting to hear the issues. She acknowledged that Mr. Heide does have new exhibits and referenced a letter issued by Council. Commissioner Petschel acknowledged the letter from Council stating that the letter did not give any expectation for response from them. Mr. Heide provided Council Member Krebsbach and Mayor Huber with an overview of the sequence of events that prompted the Rogers Lake East group to move forward with their allegations and their request for support from the Council and the Commission. Council Member Krebsbach clarified that Rogers Lake East has engaged Senator Dayton in addition to having the option to contact Attorney General Hatch if necessary. She emphasized that it is not Council's role to judge. She asked for further clarification on what the group expects from City Council. Mr. Heide explained that the presentation was G Commission Meeting—February 12, 2003 Mendota Heights Airport Relations Commission informational for the Council. He stated that they would provide Council with a copy of the final letter noting that exhibits would be included with the letter. City Administrator Lindberg asked Mr. Heide if they are asking Council for a letter of support. Mr. Heide confirmed that they were and requested that they address the letter to Commissioner McKasy or Vickie Grunseth. Commissioner Roszak clarified that this investigation ought to be done by the appropriate party, which is the MAC. He stated that they should have the opportunity to review the information adding that they should not wait for legislative support or support from the Attorney General. Mr. Kosel stated that they have already done this. He stated that they want a response from the MAC as a whole not from their Attorney. He stated that the comment they received from their Attorney was that this was a total misrepresentation of the facts yet 99% of the information used came from the MAC. Council Member Krebsbach stated that in terms of discussion she does not consider this to be the final meeting and suggested a meeting with Commissioner McKasy. Commissioner Petschel re -stated that they are not asking Council to speculate or pass judgement. She suggested that Council review the information and Commissioner Roszak's recommendation. She stated that a letter of support has to go from the City to the MAC adding that waiting to address this issue is wasting time. She stated that a copy of the recommendation for investigation was included in their January packet. She stated that she would like to reiterate that the letter from Council would be very helpful. Commissioner Roszak further clarified the intent of the resolution from the ARC perspective to Council Member Krebsbach and Mayor Huber. Chair Beaty suggested all members of the City Council receive copies of their resolution. Mayor Huber clarified that Commissioner Roszak believes one line of protocol would be a letter from City Council to the MAC requesting an investigation of the information. He asked ARC to further clarify what they want from Council. Council Member Krebsbach clarified her understanding of the resolution and issues with the Commission. She clarified that they want attention to the issues with an alternative to make a recommendation to MAC to investigate. She asked if they should pursue this with the Attorney General and encouraged the Rogers Lake East Group to meet with the Attorney General. Commissioner Roszak stated that the meeting with the Attorney General is parallel to the rest of this process. He clarified that all they are asking is that the Council ask the MAC to investigate. He further clarified that how they investigate is up to the MAC. He emphasized that all they are asking is for MAC to investigate the issues. 7 Commission Meering — February 12, 2003 Mendota Heights Airport Relations Commission The Commission provided Council Member Krebsbach and Mayor Huber with copies of the resolution for their review. She further stated that in the future anything submitted for City Council consideration should require an ARC Commissioner be present at Council meetings to clarify and further assist the Council in understanding the issues. She stated that ARC resolution was clearly crafted without intent for due diligence by the Council. She stated that it is a request for the MAC to investigate. Council Member Krebsbach clarified the process the Council has already taken stating that they already addressed the issues with a letter and met with Bert Mckasy. Commissioner Petschel explained that the letter issued from Council was basically useless. Mayor Huber clarified that the meeting with Bert Mckasy would not leave impression that there was an expectation for response from the MAC. Mayor Huber agreed that the issue has to go before the entire Council and restated his understanding of what they would be requesting from the MAC. He asked where would the history and information come from for Council to address. Commissioner Roszak clarified stating that it would be up to the MAC to determine the investigation process. City Administrator Lindberg stated that she could draft a letter for Council to review and approve. Council Member Krebsbach asked City Administrator Lindberg to draft the letter and provide for Council and City Attorney to review. Commissioner Roszak noted that the key language of their resolution stated a' reasonable showing of evidence of error' and further clarified their intent for Council Member Krebsbach and Mayor Huber. Mayor Huber suggested that they could be a bit more specific with respect to the RUS activity. Commissioner Roszak disagreed stating that it should not be addressed in the first letter. Council Member Krebsbach stated that the Council would need to know what their letter content would include. Mr. Heide stated that they would forward a copy of their draft letter addressing the RUS issues within the next week for Council to review. He stated that their letter would go to all 14 Commissioners and Chair Grunseth. He stated that the letter would be sent next week. He explained that a second letter addressing the Part 150 issues would be issued separately. He clarified that they are requesting specific items and explained the content of their request to the Commission. City Administrator Lindberg suggested waiting until after Mr. Heide's letter is sent and follow up with a letter of support from the City. Mayor Huber suggested allowing Chair Grunseth an opportunity to respond before the City sends a letter to the MAC. Commissioner Roszak stated that in his view they are not hand in glove with the neighborhood noting Rogers Lake East has its cause of action and theories. He stated that the ARC has the obligation to carry the request forward. He clarified that the perspective brought forward to the Commission merits an investigation. He stated that if Council chooses to move forward, based upon its advice from ARC and based upon information 8 Commission Meeting — February 12, 2003 Mendota Heights Airport Relations Commission presented by the Rogers Lake East Group, even if it goes no further, both ARC and the City Council would be done. Acknowledge Receipt of Various Reports/Correspondence: Commissioner Petschel referenced the letters from Rogers Lake and reiterated the significance. She reviewed content of the letters with Commission. Chair Beaty stated that the meeting notices for the MAC are not being received in a timely manner and asked if there was a more timely way for the Commissioners to be kept informed. He explained that this is in an effort to be sure there is representation. City Administrator Lindberg stated that the MAC newsletter would be sent to the ARC Commissioners from now on. The Commission briefly reviewed the following documents: a. Letter from Rogers Lake East Airport Noise Reduction Committee to Commissioner William Erhart, Metropolitan Airports Commission, dated January 11, 2003. b. Letter from Rogers Lake East Airport Noise Reduction Committee to Commissioner Bert McKasy, Metropolitan Airports Commission, dated January 28, 2003. C. First Quarter 2003 Minneapolis - St. Paul International Airport (MSP) Noise Public Input Meeting. d. Email Correspondence Regarding Meeting Notice. e. December 2002 Eagan/Mendota Heights Departure Corridor Analysis. f. December 2002 Technical Advisor's Report (draft). g. Operations Comparison: December 2001 vs December 2002. h. What's New at the MAC Aviation Noise and Satellite Programs. i. Faxed Bulletins from Metropolitan Airports Commission. j. Faxed Bulletin from N.O.I.S.E. k. Article: "Clean Growth" Flight International 17-30 December 2002. 1. Airport Noise Reports OTHER COMA1ENTS OR CONCERNS Commissioner Petschel suggested including a reminder in meeting minutes to forward an Executive Summary of the ARC minutes to the legislative representatives. She suggested that Mike Povolny review the ARC video. The Commission agreed, by consensus, to adjourn the meeting at 9:45 p.m. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc. E