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2005-10-12 Airport Relations Commission Minutes2005-10-12 Airport Relations Commission Minutes.txt[1/25/2018 4:19:06 PM] CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MINUTES October 12, 2005 The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, October 12, 2005, at 7:00 p.m., in the Large Conference Room at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. The following Commissioners were present: Scott Beaty, Vern Edstrom, Liz Petschel, Mike Povolny, and John Roszak. Staff present; Jim Danielson, City Administrator; and Bonita Sullivan, Recorder. Ms. Sullivan took the minutes. Not Present: Commissioners Ellsworth Stein and Brian Linnihan Approval of Minutes A. September 14, 2005 Airport Relations Commission Minutes Commissioner Petschel had the following corrections: • Page 2, Unfinished Business, second paragraph, line 5, reads: College of St. Thomas; should read: St. Thomas Academy. • Page 6, City Administrator Update, second bullet, reads: The City has received an offer on Pilot Knob. Should read: The City received an offer from the Trust for Public Land for Pilot Knob. • Page 7, second paragraph, lines 1 and 2, reads: Highway 10; should read: Highway 110. Page 7, eighth paragraph, line six, reads: She noted that there would be a 10-percent co-pay’; should read: ‘She noted that there would be various co-pays’ • Page 8, second paragraph, line last sentence – capitalize pinnacle (is name of an airline) A motion was made by Commissioner Povolny, second by Commissioner Petschel, to approve the September 14, 2005 minutes as amended. Motion carried 5-0 Public Comments NONE Unfinished/New Business A. Merland Otto Presentation Commissioner Petschel introduced Minneapolis City Planner Merland Otto noting that she and Mr. Otto participated in the 20/20 Presentations and he is the ultimate authority Commission Meeting October 12, 2005 Mendota Heights Airport Relations Commission on airport issues. She stated that currently there is an effort to engage the Metropolitan Council in further discussions regarding the areas located at the end of runway 17/35 and how it will affect the surrounding communities. She stated that there are a lot of unanswered questions as to how it will affect communities and construction companies and it is her hope that Mr. Otto will be able to help answer some of those questions. Mr. Otto stated that he currently works for the City of Minneapolis as a City Planner. He provided the Commission with a brief overview of his background stating that he has been involved in airport consulting, planning and design for 20 years in private sector. He stated that one of their concerns over the last couple of years has been with how the MAC has been backing off from their commitments. He stated that it is believed that this year they will begin to see a larger effort to put control back to the communities to determine noise compatibility and with Northwest Airlines in the midst of bankruptcy it 2005-10-12 Airport Relations Commission Minutes.txt[1/25/2018 4:19:06 PM] will probably limit their funding on the projects. He stated that the NOC Representative was asking a lot of good questions of John Nelson with regards to the 2006 CIP noting that they had originally allocated $3 million to fund a pilot study for the single-family home mechanical package with the rest to be used for the cleanup of Bloomington Senior High School. He stated that the CIP budget allocations have changed, they are now planning to defer the pilot program and other projects will probably be reduced as well. He stated that a program to finish the 65/DNL would probably be included but there would be nothing done beyond the 65. He stated that many of the changes happening are due to the bankruptcy including reduction of flights and the indefinite parking of some of their airplanes. He indicated that all of this could lead to a redo of the 2007 map and if it is seen to their benefit the map could be withdrawn, which could cause it to become a six to seven month process. Mr. Otto stated that they have had several conversations with Chauncy Case from the Metropolitan Council and it was noted that MnDOT has been working on revisiting the State Ordinance that deals with height limitations and use restrictions. They have hired Clarion Associates out of Denver and set up a Task Force, which has been populated with Airport Managers. He explained that they want to expand the airport zones so that the controls would become more restrictive in the C-zone. He indicated that there would be more restrictions in the communities than in the past. Mr. Otto referenced the Legislative Sessions stating that two of the things that they tried to do during the last Legislative Session, the first was to change the wording that states that airports are not a public enterprise, and the second, was that if the wording changes it would then relieve their liabilities. He noted that the Metropolitan Council is charged with the overall system planning, but this could change in the next session. Commissioner Petschel noted that Mr. Otto attended a recent meeting where the CIP was discussed and asked for an update on the changes that resulted from this discussion. Mr. Otto stated that the Chair had said that there were discussions around possibly deferring the 20/20 plan for another year. He indicated that the minutes did not reflect the Commission Meeting October 12, 2005 Mendota Heights Airport Relations Commission content of the discussion, only that the Chair had instructed Staff to research and determine what projects should be cut. He stated that Sun Country would be requiring additional gates, but would not do a lot of upgrades at this time. He stated that they would probably move forward with the expansion of the Humphrey Airport parking lot and the crossover walkway but, in terms of a big gate expansion program, that probably won’t happen for another year. Mr. Otto stated that in talking with the Metropolitan Council about the buffer area it was noted that MnDOT is putting more pressure on improving the buffers at no expense to them. He referenced the disclosure requirements for property owners stating that they were successful in getting language included that exempts the MAC zone areas. Commissioner Roszak asked for clarification of how MnDOT has jurisdiction. Mr. Otto explained that all of the airports in the State are required to develop a zoning map and MnDOT requires that they remain in compliance with the airport zoning or funding would not be received. He stated that the first zoning ordinance was adopted in 1984 and was amended in 2004 to include the north/south areas. He noted that the only time MAC needs approval is when it is for a zoning ordinance. He stated that the zoning ordinance has to be in place prior to going for approval of the north/south runway. Commissioner Petschel referenced the safety areas at the end of the runway noting that due to safety concerns buildings in these areas can only be a certain height and there are still all these communities located around the end of runway that have to be considered. She asked if there are plans in the works to enlarge or expand the zones. 2005-10-12 Airport Relations Commission Minutes.txt[1/25/2018 4:19:06 PM] Mr. Otto explained that there are three zones, Zone A, Zone B, and Zone C. He stated that first there is the runway, with the edge of the primary surface starting two hundred feet off from the end of the runway and a trapezoidal area that comprises the approach area for the runway. He explained that Zones A and B comprise the same width as the runway and from the outer end of Zone A, for 1/3 of the length, is Zone B. He stated that hospitals, schools and public places are not allowed in these zones noting that the rest of the restrictions would be based on parcel size along with restrictions on the size of the structure within the parcel. He stated that typically anything to do with electromagnetic interference, bright lights or heavy industrial is restricted from Zone C. He explained that they are proposing to restrict the amount of development that could occur in Zone C. He noted that Mike Beard sits on this Task Force and assured the Commission that Mr. Beard would work to help introduce the legislation that deals with these restrictions. Mr. Otto noted that as part of the argument Northwest Airlines used to modify the mitigation was that the buildings would have to meet a 45 DNL interior level and if they meet level requirement Northwest Airlines would not have to provide noise mitigation. He explained that the 45 DNL was supposed to be the maximum and as a region, they have adopted a more restrictive DNL than the rest of country. He noted that the only groups using the 45 standard is the FAA and the DOT. Commission Meeting October 12, 2005 Mendota Heights Airport Relations Commission Mr. Otto indicated that the City of Eagan and the City of Richfield are looking at text amendments for their ordinances. He referenced the monthly reports stating that ANOM’s are basically used to monitor noise levels including ambient noise levels of the community. He noted that this could lower the DNL levels. Commissioner Povolny asked if the information in the ANOM reports are truly accurate. Mr. Otto reviewed the reports and explained that they are used to segregate the noise to determine what is airport noise and what is ambient noise from the community. He further explained that it gives two different values by segregating the ambient noise from airport noise and reviewed with the Commission. He stated that the information is valid but is not presenting what people are actually exposed to cumulatively and they are only looking at what they are responsible for, which are not the ambient levels. Commissioner Povolny asked where the information and averages come from if the corridor is not reflected correctly on the map. Mr. Otto explained that they did an actual sensitivity study as part of the final Environmental Impact Statement for the Dual Track Statement and the conclusion they reached is that it does not make a lot of difference; they found that there are no additional noise impacts or a need for additional noise mitigation. He noted that this information is included in the ROD, the CR2 and CR3 tables. Commissioner Povolny clarified that they have increased the number of departures yet found no changes or impacts. Mr. Otto confirmed stating that they included the sensitivity study and it was found that they could increase the departure flights north or south of Highway 110 but would not see a lot of change. He stated that something is not being figured correctly if they can increase the number of operations by 50-percent but not change the contours. He indicated that a consultant is currently working on what the DNL change would be, dependent on the distanced of the RFPS. Commissioner Petschel referenced the current litigation process stating that she had read that Northwest Airlines is claiming that there could be no more litigation because they are in a bankruptcy and asked Mr. Otto for his feedback. 2005-10-12 Airport Relations Commission Minutes.txt[1/25/2018 4:19:06 PM] Mr. Otto explained that several of the Cities did file a rebuttal and during the preparation of the rebuttal Northwest Airlines came forward and said that they did not want the rebuttal to be included in the proceedings. He stated that the judge could possibly dismiss rather than hold off or wait. He noted that it is felt that it would be much better to have a decision. He explained that Northwest Airlines has been named as a defendant in the class action suit noting that Northwest Airlines was removed from the lawsuit just prior to filing the bankruptcy. He stated that this could be a very long battle noting that it could continue on through the appeal process even if the Judge should decide in their favor. Commission Meeting October 12, 2005 Mendota Heights Airport Relations Commission Commissioner Roszak recalled that the City of Mendota Heights resisted the oversight of the Metropolitan Council with respect to land use planning with the notion that this is a community of single-family homes. He stated that the City would not allow the MAC to force them to put in compatible use for the airport noting that it feels like this is the kind of fight that is on the horizon. Mr. Otto stated that it would be a good idea to communicate and educate the Communities as they move forward through this process. He stated that they might want to develop an agenda that would benefit the communities rather than have MnDOT or the Airport telling them what they can do. He stated that they are looking at a 50 to 60 percent increase in operations over the next ten to fifteen years and if there is any commonality they should try to determine the baseline and shore it up and with that present the changes and recommendations for standards to the FAA. He stated that the FAA would make the determination as to whether funds would be expended beyond the 65 thresholds. He stated that one of the problems they run into is in preserving the integrity of the shell of the structure and reviewed with the Commission. He stated that there are a lot of big issues to work through including compatibility issues and it would behoove the Communities to get out in front and work to control how it impacts the Community. He stated that it should be determined whether the homes along the freeway areas are held to the same standards and suggested that this be asked when addressing the standards issues. Chair Beaty asked what the City of Mendota Heights could do to help out the effort. Mr. Otto suggested helping to identify the issues impacting the community including the extension of the airport buffers and attend the table discussion on Thursday, October 13, 2005. He referenced the expansion of the buffer zone noting that Eagan is the only City that has taken advantage of extending the one-mile buffer zone. He suggested that the Commissioners discuss the zoning restrictions that are applied in the buffer zone areas and try to determine the impacts to the community. He stated that the City should also have a copy of the Indemnification Agreement on file and it should be readily available noting that indemnification is good only as long as the City is enforcing the ordinances. Commissioner Roszak asked if the changes were just for height or would it also change land use. Mr. Otto clarified that it changes in the respect that there are fewer restrictions in Mendota Heights. He explained that the argument was only made for the south end of the runway because it was going to receive more of the departures and 17 to 20 percent of the arrivals, but it was all reduced to 25-percent. Mr. Otto stated that a meeting is scheduled for Thursday, October 13, 2005 to meet with representatives of the individual communities in an effort to identify some of the issues and begin to determine what they should be working on including what is being presented Commission Meeting October 12, 2005 Mendota Heights Airport Relations Commission for a buffer zone from the Metropolitan Council and Builders Guide. He stated that there 2005-10-12 Airport Relations Commission Minutes.txt[1/25/2018 4:19:06 PM] are discrepancies that should be clarified and updated. Council Member Duggan expressed concerns stating that when he discussed the noise reports and raised these issues at the NOC meeting the members did not want to discuss it at all. Mr. Otto acknowledged stating that unless the NOC hears that there are Communities out there with concerns, nothing will change. Chair Beaty asked how many communities are currently involved. Mr. Otto indicated that most of the communities around the buffer area are involved and reviewed with the Commission. He stated that the Metropolitan Council has a very definite process in dealing with this and reviewed the process with the Commission. He acknowledged that it is early in the process adding that the hope is to get the Communities out to support this and also get the necessary funding. Commissioner Petschel referenced the August Noise Reports stating that one of the criteria for the contour was the fleet mix adding that there could be negative changes in the contour due to the changes in the fleet mix. Mr. Otto agreed noting that the process to change the maps could take up to two months to complete. Commissioner Roszak noted that the ARC acts as an advisory to the City Council and suggested, as an action item, that the Commission might want to consider recommending to Council that the City should work to be proactive in working with other cities to get the Metropolitan Council to explore possible amendments and revisions to the land use guidelines. He stated that they could use this opportunity to leverage more accurate data of the noise events out of the airport. Mr. Otto stated that the NOC is where they would want to share information for alternative metrics and data. He suggested considering the legislative items noting that there are going to be a lot of issues coming up in the next session. He explained that several of the legislators are not happy and suspects that there would be legislation introduced that would pertain to land use. He indicated that the MAC is restructuring to include better community involvement and participation. He noted that Mayors are planning to meet to determine a long-term airport strategy. He stated that there is a need to get all of the communities together to identify the issues that are airport related and determine what the cities share and have in common, from there provide some direction on formulating the issues and educating the Legislators. He noted that there is a need to come up with a more coordinated Legislative strategy that includes community concerns. He stated that the Third Parallel discussion might have to be brought back noting that the MAC would have to respond to legal inquiries. Commissioner Petschel stated that when reviewing the total daytime operations in the Technical Advisor Reports it looks flat and the nighttime operations appear to be increasing and noted that a lot of it is coming from Pinnacle, Sun Country and Northwest Airlines. Commission Meeting October 12, 2005 Mendota Heights Airport Relations Commission Mr. Otto agreed stating that he would like to see an additional report that shows the operations between 10:00 p.m. to 7:00 a.m. He noted that there are voluntary nighttime restrictions and that during those hours they should use the quietest plane. He suggested reviewing all measures for the noise compatibility program to determine the impact and whether it has been successful or not. Commissioner Edstrom asked if they could be successful in restricting the usage of the north/south runway. Mr. Otto stated that it is his belief that the City of Bloomington would be able to restrict usage noting that they are currently in the process of putting together their concerns. He stated that the City of Bloomington is the only City asking for an EIS. He stated that this 2005-10-12 Airport Relations Commission Minutes.txt[1/25/2018 4:19:06 PM] could be a real danger as it would not change any of the decisions or how the MAC operates. He indicated that the MAC would make a decision within the next week on this issue. He stated that he would provide the Commission with a copy of the information they have put together so far. Chair Beaty thanked Mr. Otto for meeting with the Commission. B. NOC Update – Commissioner Petschel Commissioner Petschel provided the Commission with the following update: • Reviewed discussion with Chad Leqve with regards to Apple Valley, Minnesota. • Kathy Nelson and Vern Wilcox were elected Co-Chairs of NOC. • Cindy Green spoke regarding the 17/35 adjustments Everything is set and ready. Ms. Green indicated that because the runway is so new there are still a number of issues that have to be dealt with and that there would be no good data until January 2006. Ms Green stated that they are currently in the process of training the Air Traffic Controllers on how to use the new runway. Training includes sections for noise abatement, noise departures and corridor procedures. Ms. Green indicated that the new procedures would be implemented September 10, 2005. The new procedure now requires the plane to go to the end of the runway prior to making their turn north not when wheels turn up. • Discussed the 2006 work plan. • Chad Leqve suggested working on prioritization of soundproofing for the Part 150. Currently reviewing 17/35 and EIS to see if it is working; • Reviewing land use around the new airport with new contours; • Continually review the community input; • Continual review of the 20/20 plan; • Next meeting is scheduled for Wednesday, November 16, 2005 Commission Meeting October 12, 2005 Mendota Heights Airport Relations Commission Chair Beaty suggested that the NOC review the procedures used in Australia and Europe. Council Member Duggan suggested inviting Mr. Orfield to an ARC meeting to discuss concepts of noise and continuation. C. City Administrator Update City Administrator Danielson provided the Commission with the following update: • Opus has not broken ground yet; Townhomes are currently being sold for the development. Acknowledge Receipt of Various Reports/Correspondence: The Commission briefly reviewed the following documents: a. MAC Finance, Development and Environmental Committee Meeting Minutes for September 7, 2005. b. August 2005 ANOM Technical Advisor’s Report. c. August 2005 ANOM Eagan/Mendota Heights Departure Corridor Analysis d. Airport Noise Report, September 19, 2005. e. July 2005 ANOM Eagan/Mendota Heights Departure Corridor Analysis. f. Airport Noise Report, August 8, 2005. g. Airport Noise Report, August 15, 2005 h. Airport Noise Report, August 22, 2005 i. Airport Noise Report, August 29, 2005 j. Airport Noise Report, September 5, 2005 2005-10-12 Airport Relations Commission Minutes.txt[1/25/2018 4:19:06 PM] OTHER COMMENTS OR CONCERNS Chair Beaty suggested updating the Plan of Action and submitting in January to Council as the 2006 Plan of Action. He noted that the POA Presentation Preparation has been moved to the November Agenda. The Commission agreed, by consensus, to adjourn the meeting at 9:28 p.m. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc.