Res 1991 - 82 Establishing the Mendota Heights Air Noise Litigation Escrow FundCITY OF MENDOTA HEIGHTS
DAROTA COUNTY, MINNESOTA
RESOLUTION NO. 91-82
A RESOLUTION ESTABLISHING THE MENDOTA HEIGHTS AIR NOISE
LITIGATION ESCROW FUND
WHEREAB, the southern portion of Mendota Heights continues to
experience repeated overflights on the same heading for hours at a
time; and
WHEREAB, the Minneapolis/St. Paul International Airport exists
for the economic benefit of the entire metropolitan area and the
State of Minnesota; and
WHEREAS, the creation of an air carrier hub has led to intense
periods of departure activity not present when the corridor, which
is now known as the Eagan/Mendota Heights Corridor, was first
implemented by the City of Eagan in 1972; and
WHEREA3, the rapid growth in air traffic has outstripped the
Federal Aviation Administration's ability to limit air traffic to
the original centerline heading upon which the corridor was
implemented; and
WHEREAS, it is unreasonable and inequitable that Mendota
Heights residents should be asked to accept the repeated
overflights created by the turn restriction and resultant hinge
effect in the air traffic control system for Minneapolis/St. Paul
International Airport; and
WHEREAS, the Airport Noise and Capacity Act of 1990, requiring
an all Stage III fleet nationally by 1999, and the federal PART 150
Program, are long range noise mitigation strategies; and
WHEREA3, the recent air corridor test failed to provide
meaningful noise relief for Mendota Heights residents from repeated
overflights by departing aircraft for prolonged periods of time;
and �
WHEREAS, the number of takeoffs and landings at
Minneapolis/St. Paul International Airport are at least 70 percent
higher today than the number of operations in 1972, and it is
unrealistic to confine takeoffs to a 15 degree corridor during peak
departure periods; and
WHEREAS, a southern corridor boundary has been defined,
depicted, and defended since 1973; and
WHEREAS, the immutability of the south corridor boundary,
together with magnetic declinations, has pushed simultaneous
departures to the north well beyond an imaginary 15 degree
corridor; and
WHEREAS, all air carrier jets departing to the west from 29L
and 29R are given fanned headings which eliminates repeated
overfliqhts, and the FAA has no objection to similar fanning of
headings for aircraft departing to the southeast on runways 11R and
11L; and
WHEREAS, a significant number of Mendota Heights residents are
demanding that their governing council become more positive and
assertive in eliminating the noise interference with human activity
caused by repeated overfliqhts;
NOW THEREFORE, the City of Mendota Heights hereby establishes
an air noise litigation fund, to be known as ANLEF; and said fund
is hereby created for the purpose as follows:
1. Prior to December 31, 1991, the City of Mendota Heights
will submit another application to the Metropolitan
Airport Commission (MAC) and the Federal Aviation
Administration (FAA) for a fanned corridor test as
outlined in the Braslau/Collette Corridor Study dated
August 24, 1989; the purpose of the application shall be
the elimination of intense noise interference caused by
repeated overflights by departing aircraft during peak
periods of operations at the Minneapolis/St. Paul
International Airport.
2. The MAC and the FAA shall be given 90 days to grant or
deny the City's reapplication for a fanned corridor test.
3. In the event the MAC and/or the FAA deny the application,
or otherwise fail to affirmatively respond within the 90
day period, or if the requested test is conducted but the
MAC and/or the FAA fail to subsequently adopt a
procedure, acceptable to the City, resulting in the
reduction of intense noise interference caused by
4.
repeated overflights, then the City of Mendota Heights
will consider the bringing of a declaratory judgment
action against the MAC and the FAA in the United States
District Court for the State of Minnesota.
In the event the City becomes involved in litigation
against the MAC and the FAA, then ANLEF monies shall be
used to defray the City's cost of litigation.
5. The City will accept contributions to ANLEF immediately
upon the adoption of this resolution which establishes
the fund; and said fund is hereby declared to exist for
the purpose of promoting the health, welfare and safety
of Mendota Heights residents.
6. All monies contributed to ANLEF shall become the
exclusive property of the City of Mendota Heights,
subject only to the refund provisions set forth in this
resolution; and the City shall maintain an accurate
record of all contributors, which record shall be open to
public inspection.
7. The City of Mendota Heights may, at the exclusive and
sole discretion of it governing council, deposit all
ANLEF monies in an interest bearing account or invest
said funds in any other manner; and all income shall
become the exclusive property of the City of Mendota
Heights.
8. The City anticipates generating a fund collection (ANLEF)
upwards of $50,000, which funds may or may not be matched
by general fund expenditures.
9. In the event the City of Mendota Heights does not receive
contributions to ANLEF in the minimum amount of $25,000
by June 1, 1992, then all contributed funds shall be
returned to the contributor without interest.
Additionally, if the City accumulates more than $25,000
in ANLEF monies, but does not commence litigation by
June 1, 1994, then all contributed funds shall also be
returned to the contributors without interest.
10. Anonymous contributions, or in the event a contributor
fails to notify the City of any change in mailing
address, or the identity of the contributor cannot be
readily identified, or the contributor fails to cash any
refund check within 90 days of its date, then any such
refundable amounts shall be retained by the City of
Mendota Heights as its exclusive property to offset
administrative expenses associated with ANLEF.
11. The terms of this resolution may be amended at a public
hearing during a regularly scheduled City Council
meeting, and any additions, deletions, or other changes
shall be by a 4/5 maj ority vote of its governing council .
The notice for any such public hearing shall be a one
time published notice, at least two weeks in advance of
the date of the public hearing in the West St. Paul Sun
Current Newspaper, as a legal notice. PROVIDED, HOWEVER,
the provisions of this resolution related to the
conditions under which escrow funds shall be returned to
the contributors shall not be subject to amendment.
12. This resolution contains the City of Mendota Heights
entire representation relative to the creation of ANLEF,
its purpose and its use.
Adopted by the City Council of the City of Mendota Heights this
19th day of November, 1991.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By ��..� � `�/..��..at
Charles E. Mertensotto
Mayor
ATTEST:
K thleen M. Swanson
City Clerk