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2008-02-13 Airport Relations Commission Minutes2008-02-13 Airport Relations Commission Minutes.txt[1/25/2018 4:04:21 PM] CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MINUTES February 13, 2008 The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, February 13, 2008, at 7:00 p.m., in the Large Conference Room at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. The following Commissioners were present: Liz Petschel, Chair; Robin Ehrlich, Vice Chair; Bill Dunn, Sally Lorberbaum, Lyle Odland, Ken Reed, and Dave Sloan, Commissioners. Also present were: Jim Danielson, City Administrator; Jake Sedlacek, Assistant to Mr. Danielson; and Mary Heintz, Recorder. Not Present: None. Approval of Minutes Chair Petschel requested a grammatical correction on page two, third paragraph from the bottom, adding “an” to “an impossibility.” A motion was made by Commissioner Dunn, seconded by Commissioner Lorberbaum, to approve the January 9, 2008, ARC meeting minutes as amended. The minutes were approved, with Commissioners Odland and Reed abstaining. Unfinished and New Business A. Introduction of New Commissioners. Group introductions were made for new Commissioners Odland and Reed. B. Report on City Council Workshop Mr. Danielson explained that the City Council Workshop had included a review of previous year goals and objectives, planning, and removal of commissioner term limits for the ARC only (because of the length of time needed to become familiar with the issues and for the benefit of maintaining history of members, which is very pertinent). C. Discuss Air Noise Notification Mr. Sedlacek reported that Council had been addressed with a question as to what the City’s role should be with regard to air noise notification and the code for properties located in the noise footprint. Commission Meeting – February 13, 2008 Mendota Heights Airport Relations Commission 2 He explained that the City “may require” plans be signed off by a recognized acoustical specialist any time a building permit is pulled for a property that falls within the noise zone. The question arises as to whether the City should do more, and one suggestion is that wording be changed to “shall be required to meet code,” so liability can be determined if a building should fail to meet code. He also reported that he had talked with the City Attorney and City Planner, and they felt the City was on the correct track, that current law protects homeowners and gives the City its appropriate level of 2008-02-13 Airport Relations Commission Minutes.txt[1/25/2018 4:04:21 PM] involvement. Mr. Sedlacek informed the Commission that they had not received all pertinent information from the homeowners who attended a previous meeting to complain about their builder. Mr. Danielson provided further detail, stating that the homeowners wanted the City to pay for a professional acoustical test on their home ($1,000 quoted for initial room), the City Attorney recommended refusal that the City pay, and the homeowners decided not to do it on their own. Chair Petschel provided further clarification, stating that the Met Council uses the most up-to-date maps and when homeowners choose to build, add on, or infill in the 60 contour or above, they are informed when they come to pull the permit(s) that they must meet the attenuation criteria. She said it is then up to them to go to the experts to get an attenuation plan that a builder can use and, depending on who is guiding the process, then the home must be built to those specifications. The City building inspector only inspects for code and doesn’t measure code to noise attenuation, which is the common practice in Minnesota. Commissioner Reed said he hoped the five-year forecast of noise contours was being used. Mr. Danielson responded by stating that the most up-to-date map is given to builders, adding that the next official remapping will be done in 2010. A motion was made by Commissioner Dunn, seconded by Commissioner Sloan, to recommend to the City Council that language be changed in City Code 12-4-8, Subdivision A, Subsection 1B, from “may” to “the City shall require certification by a recognized acoustical specialist.” The motion was approved unanimously. Commissioner Lorberbaum noted that the proposed wording change will result in an unfunded mandate, a cost that builders will incur. Chair Petschel said she would be more than willing to attend the hearing when it is scheduled on the Council’s agenda. She thanked Mssrs. Danielson and Sedlacek for the supporting material and bringing the issue before Council. Chair Petschel then directed the Commission’s attention to Mr. Sedlacek’s memo dated February 7, 2008, concerning property disclosure within the 64-60 DNL Noise Contour, which reported that the Commission had asked staff to find out why certain language was included in the Metro Cities 2008 Legislative Policies Statement. Commission Meeting – February 13, 2008 Mendota Heights Airport Relations Commission 3 The Metro Cities statement reads: “Furthermore, unless mitigation funding is provided, Metro Cities opposes any legislation that requires a property owner to disclose those properties that lie within 64-60 DNL Noise Contours.” Chair Petschel raised the question: Does Mendota Heights agree with this statement and does it represent the City’s position? Mr. Sedlacek provided background information regarding the statement, which originated as Minneapolis’ effort to protect its homeowners from being hit with multiple disclosures. ARC raised the question as to what protection is offered to home buyers as well, and discussion ensued. It was noted that potential homeowners need to do their own homework as regards discerning where a property lies in the noise footprint. Commissioner Reed reported that every property within one mile of an airport in Florida (where he is from) must provide disclosure and said it is like a moving target because of shrinking contours. He commented that he didn’t know how enforcement would be done if homeowners don’t know their houses are within a specific contour and thinks the City should inform them. Commissioner Reed said it seems like a bad policy because the seller doesn’t gain from the knowledge of disclosure. Chair Petschel and Commissioner Sloan expressed concurrence, but with Chair Petschel adding that someone purchasing a 2008-02-13 Airport Relations Commission Minutes.txt[1/25/2018 4:04:21 PM] home within a metropolitan area should know where the noise is. Commissioner Ehrlich said Mendota Heights doesn’t have truth in housing but St. Paul requires that a home inspection be on file when selling. Mr. Sedlacek stated that a message could be sent to the lobbyist group to have language pulled, unless ARC wished to debate it, or that the issue could be brought back to the Commission at a future meeting. Commissioner Lorberbaum raised the question as to why not identify anything above the 60 Contour. Commissioner Ehrlich expressed support for full disclosure and that Mendota Heights establish a truth-in-housing law. Chair Petschel recommended that staff do more research on the history of the subject and, when the language issue comes up again next year, that there be a discussion with the City’s AMM representative to work on removing the statement. She prefers that the issue be left alone until someone actually tries to pass legislation. Mr. Danielson also suggested that the issue could be tabled to the next ARC meeting when perhaps Merland Otto could attend and explain the language. It was group consensus that staff inform the City’s organization representative that ARC discussed the subject. A motion was made by Commissioner Lorberbaum, seconded by Commissioner Reed, to request that Ellsworth Stein keep ARC informed of the status of the language within the Metro Cities legislative policies. The motion was approved unanimously. Commission Meeting – February 13, 2008 Mendota Heights Airport Relations Commission 4 D. NOC Update Chair Petschel reported that MAC provided information at the January 16, 2008, NOC meeting on the proposed plan for sound attenuation in the 60-64 dnl contour, citing that John Nelson is the key point person on sound attenuation. She stated that MAC is utilizing the services of high-end window manufacturers, such as Pella, Marvin, and Larson, because of their top-of-the-line products and discounts (because MAC is purchasing in bulk quantities). Chair Petschel said MAC is seeking quality contractors to do the actual installation, which will begin November 2008 and be completed December 2009, and a big challenge will be the homes requiring air conditioning that don’t have duct work. Mr. Sedlacek added that the 2007 contours will be used and prioritization will be done block by block. He also reported that the subject of a partner study on low frequency noise had come up at the meeting, with the bottom line being that there is no federal policy on low frequency noise. Until there is some kind of recognized definition and quantification of low frequency noise, it is anticipated that nothing will be done to address this issue. There was discussion at the NOC meeting about voluntary night-time operations and adherence to restrictions between 10:30 p.m. and 6:00 a.m. There is an agreement with airlines that they not deliberately schedule arrivals and departures within those hours unless there is bad weather or unusual circumstances; exception to this agreement is charters and freighters. It was noted that one problem is that, post 9/11, TSA must inspect, as an example, the Northwest 7 a.m. flight one hour prior to departure, which means the plane needs to arrive in Minneapolis earlier in order for the safety procedure to be completed. Chad Levque will monitor carriers for adherence and plans a special recognition for the carrier abiding most consistently. He also is utilizing a bar graph to document scheduled and unscheduled flights so that violations will stand out, and he hopes that will have an effect on the carriers. It was also reported that all flights off 17 heading southeast have been moved to the parallels, and so Mendota Heights has had an increase in night-time operations, which 2008-02-13 Airport Relations Commission Minutes.txt[1/25/2018 4:04:21 PM] will need to be watched this year. Chair Petschel also noted that the two primary runways are the 12 parallels and the new A gates are closest to 12L making it easier for the controllers to just assign jets to that runway. She said it may be more of an issue for the City when warm weather arrives and windows are opened but the EIS numbers must be adhered to and Mendota Heights was promised some relief from 17. Chair Petschel also reported that she told control tower manager Carl Rydeen and Mr. Levque that the City was disappointed and the case needs to be made about night-time departures when there is a southeast flow. She said two issues to be vigilant about are the increase in nighttime departures and adherence to the EIS. Commissioner Odland expressed concern about the two-month delay in receiving reports and asked if there could be a shorter timeframe. Mr. Danielson said Mr. Levque is Commission Meeting – February 13, 2008 Mendota Heights Airport Relations Commission 5 responsible for getting the reports out but that they can be obtained online at the MAC website: macnoise.com (January 2008 now currently available). Chair Petschel reported that repairs will be done to 12L, the same as was done for 12R, but that it has been postponed from this summer until the fall of 2009 due to the Republican National Convention. She also reported that two Northwest pilots who serve on NOC have generated a document on their pilot website reminding others as to when landing gear needs to come down (because some pilots are lowering the wheels too early that results in added noise over Apple Valley) and the UPS pilot will post the same document to his website. They will see if it makes a difference to Apple Valley residents. The first MAC meeting outside the airport grounds will be held on February 19, 7 p.m., at the Airport Ramada. This location change is a concession to the community as a result of stated complaints that the MAC site is difficult to reach. NOC meetings are held alternate months, with the next one being held on March 19, 1:30 p.m., at the MAC (directions are Crosstown to 24th). E. Update for Introduction Book None. Acknowledge Receipt of Various Reports/Correspondence Reports were reviewed and some discussion included weather- and pilot-related violations off 12L, fuel-loaded international flights sounding like freighters, potential for adherence violations due to pilot-controller communication, and effect of having new controllers in the tower. Chair Petschel stated that it is her understanding from Mr. Rydeen that pilots are not to begin a turn until they have reached the end of the runway. It was suggested that the Commission have the opportunity to tour the MSP control tower in April or May, to see the flow, look at EIS and night-time operation statistics, and ask direct questions of Mr. Rydeen. The City Administrator will make arrangements and inform commissioners of the selected date and time. A. December 2007 ANOM Technical Advisor’s Report B. December 2007 (New Format) ANOM Eagan/Mendota Heights Departure Corridor Analysis C. MAC Approved 2008 Capital Improvement Program D. Letter from Noise Oversight Committee E. MSP Noise News – Fall 2007 F. Airport Noise Report, January 11, 2008 G. Airport Noise Report, January 18, 2008 H. Airport Noise Report, January 25, 2008 2008-02-13 Airport Relations Commission Minutes.txt[1/25/2018 4:04:21 PM] Commission Meeting – February 13, 2008 Mendota Heights Airport Relations Commission 6 Other Commission Comments or Concerns Chair Petschel reported that a new breed of Concord is being considered that would fly Mach 5 (compared to Concord’s Mach 3) and significantly reduce flight time, such as London to Sydney in five hours. Chair Petschel announced that she will be unable to attend the March ARC meeting but recommended the agenda include annual goals and objectives, a review of accomplishments and those to continue work on, as well as those goals and objectives that are not realistic or no longer needed. Upcoming Meetings • City Council Meeting – February 19 2008 – 7:30 p.m. • MAC Meeting – March 5, 2008 – 7:00 p.m., Airport Ramada • NOC Meeting – March 19, 2008 – 1:30 p.m., MAC Public Comments None. Adjourn Commissioner Ehrlich made a motion, seconded by Commissioner Dunn, to adjourn the meeting at 8:55 p.m. Respectfully submitted, Mary Heintz TimeSaver Off Site Secretarial, Inc.