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Res 1989 - 21 Concering Mendota Heights/Eagan Aircraft Flight CorridorCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 89-21 RESOLUTION CONCERNING MENDOTA HEIGHTS/EAGAN AIRCRAFT FLIGHT CORRIDOR WHEREAS, the Cities of MEndota Heights and Eagan have historically supported the Preferential Runway System at Minneapolis/St. Paul Airport ("MSP"), which results in 55+% of the departing air traffic coming over the two communities; and WHEREAS, thE two cities have planned land uses to be compatible with expected flight patterns along the I-494 corridor; and WHEREAS, during the past several years, air traffic has departed significantly from the historically aceept�ble corridor area, causing deleterious impact on residential neighborhoods previously unaffected by aircraft noise; and WHEREAS, Mendota Heights has urged the Federal Aviation Administration ("FAA") control tower at MSP to enforce its departure procedures so as to minimize the noise impact in residential areas, and to the extent that some impact is unavoidable, distribute the impact equitably between Mendota Heights and Eagan; and WHEREAS, the Metropolitan Airport Commission ("MAC") and the FAA have failed to enforce the departure procedures and therefore have violated and continue to violate the integrity of the Mendota Heights/Eagan Aircraft Flight Corridor ("Corridor"); and WHEREAS, despite ongoing negotiations, the FAA and MAC have not in any material way modified the departure procedures in current use as to minimize the noise impact on the residential areas of Mendota Heights; and WHEREAS, Mendota Heights believes that pursuant to FAA regulations and Minnesota state statutEs, an environmental assessment and, potentially, an environmental impact statement are required for the current departure procedures and the proposed magnetic headings shifts of the Corridor; and WHEREAS, the Metropolitan Aircraft Sound Abatement Council ("MASAC") Mendota Heights/Eagan Corridor Operations Committees review and report of the Corridor leaves many questions unanswered. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council that the City shall take the following actions: 1 a. Pursuant to FAA requests respectively, Requests"); respective state and federal law, submit to the MAC and for information in the form set forth in Exhibits A and B, attached hereto and incorporated herein ("Information n t "' ♦ lb. If necessary, commence litigation by and through its City Attorney to . compel compliance with these Information Requests; 2. Review the materials produced as of the result of the Information Request and determine the necessity of environmental assessment for any past, present or proposed action; and whether such requisite environment assessments have been or are being performed; 3a. If an environmental assessment is required, prepare and serve on the MAC and FAA, respectively, a demand for performance of said environmental assessment, 3b. If necessary, commence litigation by and through its City Attorney to force the - MAC and FAA, respectively, to perform with the requisite environmental assessment; BE IT FURTHER RESOLVED, by the City Council of the City of Mendota Heights, that the Council wishes the "15 degree" Operations Cone for the Corridor to be maintained wi�h turns to the left of no more than ten degrees (1(3� from the extended runway centerline. BE IT FURTHER RESOLVED, by the City Council of the City of Mendota Heights, that the Council does not support a"28 degree" Operations Cone for the Corridor which shifts the Corridor northward and places the entire incremental expansion over Mendota Heights. Adopted by the City Council of the City of Mendota Heights this 7th day of March, 1989. CITY COUNCIL CITY OF MENDOTA HEIGHTS By: .�G � � � / �r..�.,.e�- Charles E. Mertensotto Mayor ATTEST: �l��✓ �4��-r-- athleen M. Swanson � C ity o� � �,, l, � 1Viendota Heights March 8, 1989 GOVERNMENT DATA PRACTICES ACT REQUEST � � , Jeffrex W. Hamiel Executive Director Metropolitan Airports Commission . 6040 28th Avenue South Minneapolis, MN 55450 Dear Mr. Hamiel: This letter constitutes a request that the Metropolitan Airports Commission (the "MAC") disclose and provide to the , City of Mendota Heights (the "City") copies of any and all documents, correspondence, memoranda or other written materials available from the MAC under the Freedom of Information Act ("Act"), codified at Minn. Stat. 13.01 et . seq. which note, reference, discuss, analyze or otherwise mention the followinc� topics relating to the Minneapolis/St. ..� Paul International Airport (the "Airport") and which are . dated or were written, as to each such topic, between the � respective dates set forth beside each topic: 1. The use and/or operation on a generallx southeasterly flic�ht path of Runways 11L and/or 11R including without limitation all operational orders, operational policies • and information upon which changes in any such orders or policies were premised (all material dated or written between January 1, 1970 and March 1, 1989); � 2. Any environmental assessment, environmental impact statement, finding of no significant impact or othsr documentation relating to the environmental or noise impact of flic�ht traffic departing from Runways 11L ,�and/or 11R which were considered, proposed or prepared ` in connection with the design, use and/or operation of said Runways, or either of them (all material dated or written between January 1, 1970 and March 1, 1989); R� 3. , , � ,�,�"� .�;� . .. .� a� •• r � ' . (' ' The consideration, develo�ment, agreement, implementation and/or modification of the size and location of a preferred flight path or aircraft flight ,"corridor" for aircraft departing from the Airport on - Runways 11L and/or 11R (all material dated or written between January 1, 1970 and March 1, 1989); 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850 � ✓ � '� Metropolitan Airports Commission � Page 2 4. The consideration, design, development and � implementation of MAC policies, procedures, rules, - regulations and/or guidelines, whether formal or ° informal, relating to�headings of all aircraft departing � from the Airport on Runways 11L and/or 11R and/or any boundaries, whether measured�by geographic landmarks or + ma�netic headings, or other limits of the aircraft flight "corridor" described on paragraph 3 above (all material dated or written between January 1, 1970 and March 1, 1989); � � . 5. The consideration, develo�ment, agreement or implementation of MAC policies, procedures, rules, regulations and/or guidelines, whether formal or informal, with respect to minimum distance after becoming airborne prior to the initYation of any course or flight pattern changes by aircraft de�arting from Runways 11L and/or 11R or any other physical or geographical limitations on initiation of any such course or flight pattern changes (all material dated or written between January 1, 1970 and March 1, 1989); 6. The consideration, development, agreement or implementation of MAC policies, procedures, rules, . regulations and/or guidelines, whether formal or informal, with respect to any and all areas of either the City of Mendota Heights, Minnesota or the City of Eagan, Minnesota over which aircraft arriving at or departing from the Airport on Runways 11L and/or 11R would not be or are not permitted to fly (all material dated or written between January 1, 1970 and March 1, 1989); ' 7. The impact and effect of changes in magnetic headings due to geologic shifts for all aircraft arriving at or departing from the Airport on Runways 11L and/or 11R (all material dated or written between January;l, 1970 � and March 1, 1989); � ; 8. � The noise impact or other environmental impact of the use and operation of Runways 11L and/or 11R on residents of the City of Mendota Heights, Minnesota'(all'material ' dated or written between January 1, 1970 and � . March 1, 1989); ' � 9. The consideration, development and implementation of MAC ' policies, procedures, rules, regulations and/or ' guidelines, whether formal or informal, relating to steps to be taken by the MAC, or any employee,.officer, � ac�ent or contractor thereof, to reduce, limit or minimize noise or other environmental impact from aircraft departing from the Airport on Runways,llL and/or 11R (all material dated or written between . ,� i f � �f F Metropolitan Airports Commission Page 3 January 1, 1970 and March 1., 1989); , 10. The identity or designation of committees, other groups, . or individuals, or positions held by individuals with the authoritx to effect any changes in the aircraft ;� flight "corridor" described in paragraph 3 above (all materials dated or written between January 1, 1970 and - March 1, 1989)�; ° 3 : Y • �� . r 4 y � �' t t . �; � : , �. � .z � . ; ,t' 4 _� � ..Y. ,, These documents are believed to be in the custody or control of the MAC; specifically, but not exclusively, such documents may be in the custody or control of one or any of the following persons or other MAC employee, officer, agent or contractor at the Airport: Jeffre� W. Hamiel Executive Director Metropolitan Airports Commission 6040 28th Avenue So. Minneapolis, MN 55450 •° Walter Hellman Director of Operations Metropolitan Airports Commission G040 28th Avenue So. Minneapolis, MN 55450 Steve Vecchi Assistant Manac�er of Noise Abatement Metropolitan Airports Commission 6040 28th Avenue So. Minneapolis, MN 55450 �,; However, if the MAC does not have them, the City would . request prompt notice of their current location. The City believes these documents are available to them and other members of the public and are not exempt from required ' disclosure. If any portion of this rec�uest is deemed denied, ,• or if there are any deletions of materials �rovided, the City � hereby requests a detailed statement of their reasons for the .';�',,withholding and/or deletion and a general statement as to the "�'nature of the documents withheld and/or deleted. The City is �:• ��-• � willing to discuss specific instances of exem�tions ' or ��" deletions claimed in advance of a final decision by the MAC. =� • . ��...�,y . ,�:�; The City promises to pay reasonable changes incurred in ��r researching the copyinc� of these documents; provided, that if - such research and copying fees exceed $500.00 you telephone ,�. ;�: . the City in advance so that we might agree on any additional , ,,, charges. Thereafter, the City agrees to pay the agreed :��t-"`charges when presented with an invoice along with the copies `�> of which the City has requested. � .�� The City looks forward to a timely response to the request. ,s a 0 � �r Metropolitan Airports Commission Page 4 '� Sincerely yours, ' THE CITY OF MENDOTA HEIGHTS . �� ' �..,�.� � �'?/�,�.�.�.�- � By _ , ' b �;;�� C ar es E. Mer enso o, Mayor � �,_ ' i';� , „ ,� ATTEST : , .� . �,� . �`a " ', .� By - A�.,(,(�.�,., /�ik�?��.��+-- ;•k K een M. Swanson, Ci y C er �� . � , �; .. ' } .,. ; : ,� F . � , '� ,T J � .• � t � � . d 2 ti''l'�"!'.��'�p` , . • � . t �. ` �� °i i, � �� ' V ��y O� : . . .. g'�_:�. � , . -; . � �'k�}�� ,,,,,,1,, � 1Viendota Heights� � + �,=,... . , � � � '4r, �` � . xi� . , _ ., � . �' . .S- ' �1� ' y� ` � ' ` , .h ' a . _ ' ' i 1!I •F � � . . � • � � ' ' � � •�L_ � ,.. � I� • � ' � � � � � lyN .� '� :., � • � � . • . r` ' ' ' 'j ' ` " . � . . . . y � �, . . , ,, � . . .� M • .. 1 , ' , � � ,,,��,� . March 8, 1989 � `, ' � - � � FREEDOM OF INFORMATION ACT REQUEST " �.�. T • ' ' , . � y' . � Federal Aviation Administration � FOIA Coordinator 2300 East Devon Street �' Des Plaines, Illinois 60018-4605 ,. r. � .. •3 " Dear Sir or Madam: � ' This letter constitutes a request that the Federal Aviation , � Administration (the �'FAA") disclose and provide to the City ` of Mendota Heights (the "City"). copies of any and all � documents, correspondence, memoranda or other written s material's available from the FAA under the Freedom of ' Information Act ("Act"), codified at 5 USCA 552 et seq. � which note, reference, discuss, analyze or otherwise mention `��, the following topics relating to the Minneapolis/St. Paul '' International Airport (the ��Airport��) and which are dated or ��- were written, as to each such topic, between the respective „ �� ° dates set forth beside each topic: • . �� , • . ; h• 1. .The use and/or operation�on a generally southeasterly � -;•=r ` flic�ht �ath of Runways 11L and/or 11R including without �; � '� limitation all operational orders, operational policies • �;"4' �and information upon which changes in any such orders or •-�� policies were premised (all material dated or written `� between January 1, 1970 and March 1, 1989); ' `s;`� �, . , , - ' � .'i' � , �M��'2. 'Any environmental assessment, environmental impact . .,, x. .:. statement, finding of no significant impact or other ,, . ;;.�'� ,��;documentation relating to the environmental or noise , � :, �� ~ . - impact of f 1 ic�ht traf f ic department from Runways 11L � _ � � � ` � � , •, '� �� ' � � � and/or 11R which were considered, proposed or prepared in ' �'� , � ' '�`'� ;. connection wi�th the design, use and/or operation of said •.- " �'"'� - Runways, or either of them (all material dated or written .-• ,: ,;�ry .., ��.� between January 1, 1970 and March 1 1989); • •, � r- , . , . . , ''K`�c �.�. 3. �, The consideration, development, agreement, implementation "�. . . y'�"�'��?•� �'�� and/or modification of the size and location of a �� ", _, � ; � .r ~°+• �; preferred flight path or aircraft flight " corridor" for �; . ''; �; ; :�;� .. , , . , , , • , , . ; ; ' � . ,: . �i , . � � � f . . , i � s .. �'��`� �� 'li � , , ` , s ' �•}n ' •+ '�� r. � . � . . � a. . �� ' � i R � . ; �� ' , . . �� +P . � n . � � 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850 �� , c'�,- FREEDOM OF INFORMATION ACT REQUEST PAGE 2 aircraft departing from the Airport on Runways 11L and/or 11R (all material dated or written between January 1, 1970 and March 1, 1989); � ° 4. The consideration, design, development and implementation ��' of FAA polici�s, procedures, rules, regulations and/or guidelines, whether formal or informal, relating to headings of al•1 aircraft departing from the Airport on ¢ Runways 11L and/or 11R and/or any boundaries, whether - measured by geographic landmarks or magnetic headings, or other limits of the aircraft flight "corridor" described :` on paragraph 3 above (all material dated or written �.� between January 1, 1970 and March 1, 1989); 5. The consideration, develo�ment, agreement or implementation of FAA policies, procedures, rules, regulations and/or guidelines, whether formal or informal, with respect to minimum distance after becoming airborne prior to the initiation of any course or flight pattern changes by aircraft departing �rom Runways 11L and/or 11R or any other physical or c�eographical limitations on any sucYi course or flight pattern changes (all material dated or written between January 1, 1970 and March l, 1989) 6. The consideration, develo�ment,'agreement or implementation of FAA policies, procedures, rules, regulations and/or guidelines, whether formal or informal, with respect to any and all areas of either the � City of Mendota Heights, Minnesota or the City of Eagan, Minnesota over which aircraft arriving at or departing from the Airport on Runways 11L and/or 11R would not be or are not permitted to fly (all material dated or written between January 1, 1970 and March 1, 1989); � 7. The impact and effect of changes in magnetic headings due to geologic shifts for all aircraft arriving at or departing from the Airport on Runways 11L and/or 11R (all material dated or written between January 1, 1970 and � March 1, 1989); . 8. The noise impact or other environmental impact of the use ' and o�eration of Runways 11L and/or 11R on residents of ' the City of Eagan, Minnesota and/or the City of Mendota Heights, Minnesota (all material dated or written between , January 1, 1970 and March 1, 1989); 9. The consideration, development and implementation'of FAA policies, procedures, rules, regulations and/or guidelines,•whether formal or informal, relating to steps to be taken by the FAA, or any employee, officer, agent or contractor thereof, to reduce, limit or minimize noise or other environmental impact from aircraft departing from the Airport on Runways 11L and/or 11R (all material FREEDOM OF INFORMATION ACT REQUEST PAGE 3 � ' � dated or written between January 1, 1970 and March 1, 1989) ; , 10. The identity or designation of committees, other groups, or individuals, or positions held by individuals with the authority to effect any changes in the aircraft flight "corridor" described in paragraph 3 above (all materials dated or written between January 1, 1970 and March 1, , 1989) ; ," a These documents are believed to be in the custody or control k of the FAA; specifically but not exclusively, such documents . may be in the custody or control of the following person or other FAA employee, officer, agent or contractor at the # Airport: , Douglas F. Powers � Air Traffic Manager . Federal Aviation Administration ; Air Traffic Control Tower ,. Minneapolis/St. Paul International Airport j 6311 34th Avenue South " Minneapolis, Minnesota 55450 However, if the FAA does not have them the City would request prompt notice of their current location. Under present regulations and case law pertaining to the Act, the City believes these documents are available to them and other members of the public and are not exempt from required disclosure. If any portion of this rec�uest is deemed denied, or if there are any deletions of materials �rovided, the City hereby requests a detailed statement of their reasons for the withholding and/or deletion and a general statement as to the nature of the documents withheld and/or deleted. The City is willing to discuss specific instances of exem�tions or deletions claimed in advance of a final decision by the FAA. Pursuant to the Act, the Cit� promises to pay reasonable charges incurred in researching and copying of these documents; provided, that if such research and copying fees exceed $500.00 you telephone the City in advance so that we might agree on any additional charges. Thereafter, the City agrees to pay the agreed charges when presented with an invoice along with the copies of which the City has requested. � �. � FREEDOM OF INFORMATION ACT REQUEST PAGE 4 Pursuant to the terms of the Act, the City looks forward to hearing from you:within ten (10) working days from the date of your receipt hereof, with the documents requested. Sincerely, , THE CITY OF MENDOTA HEIGHTS • ' By ,,,.�, �. p�/%�,,.�-..� C ar es E. Mer enso o, Mayor ATTEST: BY �'j �r�_ /Ll �_,ti.1 a een M. Swanson, Ci�y Clerk cc: Doug Powers