Lake Elmo Airport Zoning Ordinance Public Hearing Report January 23, 2020

Draft Lake Elmo Airport Zoning Ordinance Public Hearing Report January 23, 2020

A public hearing was conducted at 6:30 p.m. on January 23, 2020 at the Oak-Land Middle School Cafeteria to receive verbal and written comments about the Draft Lake Elmo Airport Zoning Ordinance. Public notice of the hearing was provided (Item A).

Present at the public hearing were the following Joint Airport Zoning Board (JAZB) members, who served as Hearing Officers: Rick Weyrauch (Chair, Baytown Township), Ken Roberts (Lake Elmo), Jim Kremer (Oak Park Heights), Dave Schultz (West Lakeland Township), Mary Vierling (West Lakeland Township), Rick King (Metropolitan Airports Commission), and Rod Skoog (Metropolitan Airports Commission).

Metropolitan Airports Commission staff present at the public hearing included Kristin Berwald (Contracts Coordinator & JAZB Secretary), Roy Fuhrman (Chief Operating Officer), Joe Harris (Director, Reliever Airports), Brad Juffer (Manager, Community Relations), Jennifer Lewis (Community Relations Coordinator), Dana Nelson (Director, Stakeholder Engagement), Neil Ralston (Airport Planner), Bridget Rief (Vice President, Planning and Development), Michele Ross (Assistant Manager, Community Relations), Rebecca Townsend (Administrative Assistant), Evan Wilson (Senior Attorney), and Mike Wilson (Lake Elmo Airport Manager).

A total of 47 people signed in on the attendance sheets (Item B). Of these, 37 were members of the public. The other 10 were MAC staff, public or agency officials, or JAZB members.

The proceedings of the Public Hearing were transcribed by a qualified court reporter (Item C).

Neil Ralston, Airport Planner, provided an overview presentation of the Draft Lake Elmo Airport Zoning Ordinance (Item D).

Exhibits A through H were entered into the record by Neil Ralston, Airport Planner, during the public hearing. Exhibits A through H are listed as Item E and are available upon request to the JAZB Secretary. Contact information for the Secretary is available on the JAZB web page at: https://metroairports.org/general-aviation/airports/lake-elmo/joint-airport-zoning-board-lake-elmo

All persons in attendance and wishing to do so were given the opportunity to testify and introduce evidence regarding the issues set forth in the Notice of Public Hearing. Verbal testimony was received from eleven members of the public. All verbal testimony was transcribed by the court reporter. In addition, one written comment was received at the hearing.

The public hearing record was kept open until 5:00 p.m. on Friday, February 7, 2020, to receive written comments from interested parties. Twelve written comments were received during the public comment period. These comments, along with responses, are included as Item F.

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Item A – Notice of Public Comment Period and Public Hearing for Draft Lake Elmo Airport Zoning Ordinance

NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC HEARING FOR DRAFT LAKE ELMO AIRPORT ZONING ORDINANCE

The Joint Airport Zoning Board (JAZB) for Lake Elmo Airport is developing an Airport Zoning Ordinance for land uses in the vicinity of the Airport (Draft Airport Zoning Ordinance). The goal is to develop a zoning ordinance that achieves a balance between providing for a reasonable level of safety while allowing for compatible community development. The zoning is being conducted as required by Minnesota Statutes 360.061 – 360.074.

The Draft Airport Zoning Ordinance would:  Limit the height of structures and vegetation out to approximately 1.5 miles from the outer boundaries of the Airport. In most cases, however, the airport zoning height limitations would be less restrictive than maximum heights allowed in the applicable municipal zoning code.  Regulate certain land uses as described below: o Prohibit in JAZB Safety Zone 1 the development of buildings, other structural hazards, and land uses that create assemblies of people. JAZB Safety Zone 1 is fully contained to airport-owned property and off-airport property guided to be non-occupant Public/Semi-Public open space in the City of Lake Elmo. o Prohibit in JAZB Safety Zone 2 land uses that (i) create or cause interference with the operations of radio or electronic facilities on the Airport or with radio or electronic communications between the Airport and aircraft, (ii) make it difficult for pilots to distinguish between Airport lights and other lights, (iii) result in glare in the eyes of pilots using the Airport, (iv) impair visibility in the vicinity of the Airport, (v) are deemed a “hazard” to air navigation by the Federal Aviation Administration or Minnesota Department of Transportation, or (vi) otherwise endanger the landing, taking off, or maneuvering of aircraft. The Draft Zoning Ordinance does not seek to prohibit the use of rooftop solar panels on homes or restrict the use of FCC-approved amateur radio stations.

Maps in the Draft Airport Zoning Ordinance show the precise boundaries for application of the Draft Airport Zoning Ordinance and the associated proposed restrictions. A summary map showing the proposed JAZB Safety Zones 1 and 2 is shown on the reverse side of this notice.

THE PUBLIC COMMENT PERIOD ON THE DRAFT AIRPORT ZONING ORDINANCE WILL COMMENCE ON THURSDAY, JANUARY 9, 2020, AND CLOSE ON FRIDAY, FEBRUARY 7, 2020. During this period, written comments will be accepted and must be addressed to:

Secretary to the Lake Elmo Joint Airport Zoning Board c/o Metropolitan Airports Commission 6040 28th Avenue South Minneapolis, MN 55450

Comments can also be emailed to [email protected]

A PUBLIC HEARING ON THE DRAFT AIRPORT ZONING ORDINANCE IS SCHEDULED FOR THURSDAY, JANUARY 23, 2020, AT THE OAK-LAND MIDDLE SCHOOL CAFETERIA, 820 MANNING AVENUE NORTH, LAKE ELMO. THE PUBLIC HEARING WILL BEGIN AT 6:30 P.M. AND LAST UNTIL ALL PERSONS WISHING TO ADDRESS THE BOARD HAVE BEEN HEARD. AN OPEN HOUSE WILL BE HELD PRIOR TO THE PUBLIC HEARING STARTING AT 5:15 P.M. FOLLOWED BY A PUBLIC PRESENTATION FROM 6:15 P.M. TO 6:30 P.M.

Copies of the Draft Airport Zoning Ordinance will be available for review beginning on Thursday, January 9, 2020 at the following locations: the Metropolitan Airports Commission’s Main Office, 6040 28th Avenue South, Minneapolis; the City Halls of Lake Elmo and Oak Park Heights; the Baytown Community Center, 4020 McDonald Drive N., Stillwater; Lake Elmo Aero, 3275 Manning Avenue N, Lake Elmo; and the Lake Elmo Library, 3537 Lake Elmo Avenue N, Lake Elmo. The Draft Airport Zoning Ordinance will also be available for review on the MAC website at: https://metroairports.org/general-aviation/airports/lake-elmo/joint-airport-zoning-board-lake-elmo

For further information about the public comment period, the open house or the public hearing, please call Kristin Berwald, Secretary to the Lake Elmo Joint Airport Zoning Board, at (612) 726-8144. DRAFT LAKE ELMO AIRPORT ZONING ORDINANCE – JAZB SAFETY ZONES

NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC HEARING FOR DRAFT LAKE ELMO AIRPORT ZONING ORDINANCE

For your property in proposed JAZB Safety Zone 1, the Draft Airport Zoning Ordinance would:  Limit the height of structures and vegetation out to approximately 1.5 miles from the outer boundaries of the Airport. In most cases, however, the airport zoning height limitations would be less restrictive than maximum heights allowed in the applicable municipal zoning code.  Regulate certain land uses as described below: o Prohibit the development of buildings, other structural hazards, and land uses that create assemblies of people. JAZB Safety Zone 1 is fully contained to airport-owned property and off- airport property guided to be non-occupant Public/Semi-Public open space in the City of Lake Elmo. o Prohibit land uses that (i) create or cause interference with the operations of radio or electronic facilities on the Airport or with radio or electronic communications between the Airport and aircraft, (ii) make it difficult for pilots to distinguish between Airport lights and other lights, (iii) result in glare in the eyes of pilots using the Airport, (iv) impair visibility in the vicinity of the Airport, (v) are deemed a “hazard” to air navigation by the Federal Aviation Administration or Minnesota Department of Transportation, or (vi) otherwise endanger the landing, taking off, or maneuvering of aircraft. The Draft Zoning Ordinance does not seek to prohibit the use of rooftop solar panels on homes or restrict the use of FCC-approved amateur radio stations.

Secretary to the Lake Elmo Joint Airport Zoning Board c/o Metropolitan Airports Commission 6040 28th Avenue South Minneapolis, MN 55450

Comments can also be emailed to [email protected]

NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC HEARING FOR DRAFT LAKE ELMO AIRPORT ZONING ORDINANCE

For your property in proposed JAZB Safety Zone 2, the Draft Airport Zoning Ordinance would:  Limit the height of structures and vegetation out to approximately 1.5 miles from the outer boundaries of the Airport. In most cases, however, the airport zoning height limitations would be less restrictive than maximum heights allowed in the applicable municipal zoning code.  Regulate certain land uses as described below: o Prohibit in land uses that (i) create or cause interference with the operations of radio or electronic facilities on the Airport or with radio or electronic communications between the Airport and aircraft, (ii) make it difficult for pilots to distinguish between Airport lights and other lights, (iii) result in glare in the eyes of pilots using the Airport, (iv) impair visibility in the vicinity of the Airport, (v) are deemed a “hazard” to air navigation by the Federal Aviation Administration or Minnesota Department of Transportation, or (vi) otherwise endanger the landing, taking off, or maneuvering of aircraft. The Draft Zoning Ordinance does not seek to prohibit the use of rooftop solar panels on homes or restrict the use of FCC-approved amateur radio stations.

Secretary to the Lake Elmo Joint Airport Zoning Board c/o Metropolitan Airports Commission 6040 28th Avenue South Minneapolis, MN 55450

Comments can also be emailed to [email protected]

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Item C – Public Hearing Transcript

Page 1

1 PUBLIC HEARING ON DRAFT LAKE ELMO AIRPORT ZONING

2 ORDINANCE

4 January 23, 2020 6:15 P.M.

6 Oak-Land Middle School

7 820 Manning Avenue North

8 Lake Elmo, Minnesota 55042

9 ------

10 BOARD IN ATTENDANCE:

11 Rick Weyrauch, Chair

12 Rick King, Metropolitan Airports Commission

13 Rod Skoog, Metropolitan Airports Commission

14 Jim Kremer, Oak Park Heights

15 Mary Vierling, West Lakeland Township

16 Dave Schultz, West Lakeland Township

17 Ken Roberts, City of Lake Elmo

19 METROPOLITAN AIRPORTS COMMISSION STAFF IN ATTENDANCE:

20 Evan Wilson

21 Neil Ralston

24 REPORTED BY: KELLEY E. ZILLES, RPR

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1 MR. WEYRAUCH: Good evening, everyone.

2 It's 6:15, actually it's just after 6:15, and the

3 meeting of the Lake Elmo Joint Airport Zoning Board will

4 come to order. I'm going to try to speak without a

5 microphone. If anybody can't hear me, please let me

6 know, I'm pretty good about projecting, but I'll do my

7 best to accommodate everybody.

8 My name is Rick Weyrauch and I'm the chair of

9 the Lake Elmo Joint Airport Zoning Board. I welcome you

10 to tonight's meeting and public hearing on the draft

11 airport zoning ordinance. At this time I'd like the

12 board members to please introduce yourself and state

13 what entity you represent.

14 MR. KING: Rick King, MAC.

15 MR. SKOOG: Rod Skoog, MAC.

16 MR. KREMER: Jim Kremer from Oak Park

17 Heights.

18 MR. ROBERTS: Ken Roberts, City of Lake

19 Elmo.

20 MS. VIERLING: Mary Vierling, West Lakeland

21 Township.

22 MR. SCHULTZ: Dave Schultz, West Lakeland

23 Township.

24 MR. WEYRAUCH: And I believe that is all of

25 our members. At this time I would ask if there are any

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1 elected officials in the audience that would like to be

2 recognized prior to us beginning. Very well.

3 The structure of the board meeting and public

4 hearing will be as follows. The first part of the

5 meeting we're going to have Neil Ralston from MAC, the

6 planner for the Metropolitan Airports Commission, will

7 be called to provide an overview of the draft Lake Elmo

8 Airport zoning ordinance, all the presentation along the

9 boards and the actual official document that will be

10 turned in. Second, at 6:30 exhibits for today's hearing

11 will be entered into the record. Those will be anything

12 that we've received to date and the appropriate

13 documents for the draft.

14 Third, the board will take testimony from the

15 public on the draft Lake Elmo Airport zoning ordinance.

16 So if you have a prepared statement or document, you may

17 read it into the record or submit it and we will make it

18 part of the record. The board asks that you limit your

19 statement to, we had originally had no more than five

20 minutes, we don't have very many speakers, so we'll take

21 some liberty with that time. We do reserve the right to

22 recommend you wrap it up if you get into a point of a

23 recurring theme, but five minutes is just a general

24 guideline.

25 If you wish to testify please fill out a speaker

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1 card and hand it to the board secretary Kristin Berwald

2 over here, and you can bring those up at a later time.

3 I'll get to a point where I'll announce to raise your

4 hand if you have one and we'll come and get them from

5 you. And the speaker cards are located up at the

6 sign-in table.

7 Prior to this meeting we had a public

8 information open house here in the cafeteria from 5:15

9 to 6:15. This is not a public hearing about aircraft

10 noise or the proposed improvements of the Lake Elmo

11 Airport. Adoption of an airport zoning ordinance will

12 not alter the number or frequency or noise level of

13 traffic at the airport. An airport zoning ordinance

14 will affect the use of land surrounding the airport.

15 MAC staff members are available to address

16 questions you may have about other topics, they will be

17 free to be here afterwards if you have questions, seek

18 out anybody with the MAC staff and they will be happy to

19 listen to your concerns. A court reporter is here to

20 take down all the proceedings this evening. And with

21 that, I turn it over to Mr. Ralston to proceed with his

22 presentation.

23 MR. RALSTON: Chair Weyrauch, thank you.

24 And good evening, everyone. Thank you for taking the

25 time to join us tonight. I'm Neil Ralston, airport

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1 planner for the Metropolitan Airports Commission and

2 technical advisor to this Joint Airport Zoning Board.

3 I'm here tonight to provide a brief overview of the

4 draft airport zoning ordinance that has been developed

5 by the Joint Airport Zoning Board for Lake Elmo Airport.

6 I'll begin by presenting the purpose and goals for the

7 Joint Airport Zoning Board and I'll move into a summary

8 of the draft airport zoning ordinance itself, and

9 finally we'll talk about the next steps in the process

10 to advance the draft ordinance towards approval and

11 final adoption.

12 Before going any further, however, I would like

13 to define a few terms and acronyms that will be used

14 during the presentation and on the slides and on some of

15 the boards in the back of the room. First the term

16 J-A-Z-B, pronounced JAZB, the shorthand version for

17 Joint Airport Zoning Board. Next Mn/DOT refers to the

18 Minnesota Department of Transportation, Office of

19 Aeronautics. FAA is used in reference to the Federal

20 Aviation Administration. And finally, the code 21D

21 refers to Lake Elmo Airport, that is the official

22 identifier for the airport that pilots use.

23 The Joint Airport Zoning Board is made up of

24 members through the municipalities that will be affected

25 by airport zoning that is Baytown Township, City of Lake

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1 Elmo, City of Oak Park Heights, West Lakeland Township,

2 along with the Metropolitan Airports Commission. Each

3 participating jurisdiction is entitled to have two

4 primary voting members on the board along with two

5 alternate members who can vote in the absence of a

6 primary member. The board chair, Chair Weyrauch, is

7 also a voting member, while MAC's support staff are not

8 voting members.

9 At a high level the JAZB's purpose is to

10 collaboratively develop the airport zoning ordinance

11 that achieves a balance between providing a reasonable

12 level of public safety while allowing for compatible

13 community development. The overarching goal for the

14 board is to develop an airport zoning ordinance for

15 review and approval by the Mn/DOT commissioner of

16 transportation, subsequent adoption of that ordinance by

17 the board, and then incorporation of the ordinance by

18 local municipalities. Mn/DOT reserves the authority to

19 determine whether or not the proposed zoning ordinance

20 meets the reasonable level of safety threshold. The

21 supporting goal for this JAZB is to ensure that an

22 appropriate level of community engagement occurs and

23 tonight's hearing is an important part in achieving that

24 goal.

25 At its meeting on August 29th the Joint Airport

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1 Zoning Board elected to establish and adopt a custom

2 airport zoning ordinance as is permitted in state

3 statute. The starting point for the custom airport

4 zoning path is to consider a set of factors that are set

5 forth in state statute. The first custom zoning factor

6 to consider is the location of the airport, surrounding

7 land uses, and the character of neighborhoods in the

8 vicinity of the airport.

9 The second factor to consider is the airport's

10 types of operations and how the aircraft operations

11 affect safety in the vicinity of the airport. The third

12 factor is the accident rate at the airport compared to a

13 statistically significant sample including an analysis

14 of accident distribution. The fourth factor is planned

15 land uses in the vicinity of the airport, including any

16 applicable platting, zoning, municipal comprehensive

17 plans or transportation plans. The final custom zoning

18 factor is a catchall for any other information relevant

19 to safety or the airport.

20 After considering these factors the Joint

21 Airport Zoning Board formally approved this version of

22 the draft airport zoning ordinance to be released for

23 formal public review and comment and serve as the basis

24 for the public hearing tonight. The draft airport

25 zoning ordinance contains two primary components, height

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1 limitations and land use limitations. We'll cover both

2 starting with the height limitations item. The draft

3 ordinance establishes an airspace zone to limit the

4 height of structures and vegetation in the vicinity of

5 the airport. The airspace zone heights are based on the

6 Federal Aviation Administration's airspace protection

7 criteria.

8 If a proposed development seeks to penetrate the

9 height limitations that are stipulated by the airspace

10 zone, a variance will have to be granted by a board of

11 adjustment, and we'll talk more about the board of

12 adjustment in a few moments. The ordinance also

13 requires compliance with the Federal Aviation

14 Administration's airspace review process where proposed

15 development of certain criteria are met. The zoning

16 ordinance includes a set of grid maps, we have some

17 examples in the back as well, that show the airspace

18 zone heights in 10-foot intervals for areas surrounding

19 the airport. As an example, this slide shows grid

20 location C3 which illustrates the area just to the

21 northwest of the airport.

22 The index at the bottom of the graphic shows the

23 geographic spread of the grids, each of which each of

24 those grids has its own map in the zoning ordinance

25 document. The height on these grid maps are expressed

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1 as above mean sea level, not above ground level. To

2 calculate the ground level height of the airspace zone

3 one must subtract the ground elevation from the airspace

4 elevation.

5 To remove some of the guess work in doing this

6 there's another set of grid maps called maximum

7 construction height without permit. These maps

8 establish a height per parcel up to which an airport

9 zoning permit is not needed. Each of the heights shown

10 in these grid maps is expressed as above ground level

11 making it easier to interpret and use in the previous

12 airspace zone grid maps. The maximum construction

13 height without permit map shown on this slide continues

14 to use grid section C3, again on the northwest side of

15 the airport. The heights shown here on a per parcel

16 basis were calculated by identifying the location on

17 each parcel where the highest ground elevation is

18 located under the lowest airspace zone elevation. You

19 then subtract the ground elevation from the airspace

20 zone height at that spot and rounded it down to the

21 nearest 10-foot interval. These heights are intended to

22 provide a bit of a buffer below the actual airspace zone

23 giving municipal zoning administrators an opportunity to

24 review proposed developments, they're getting close to

25 penetrating the airspace zone.

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1 The zoning administrator within each

2 municipality will be able to help applicants work

3 through this process. In the vast majority of cases,

4 however, we have found that the airport zoning height

5 limitations would be less restrictive than the maximum

6 structure heights allowed in the standard municipal

7 zoning codes.

8 Next we'll move on to the land use safety zones.

9 The draft ordinance has two zones, JAZB safety zone 1

10 and JAZB safety zone 2. JAZB safety zone 1 is the most

11 restrictive zone and prohibits buildings and land uses

12 that bring together assemblies of people. JAZB safety

13 zone 2 is a less restrictive zone and contains general

14 land use restrictions against interfering with flight

15 activity at the airport.

16 Proposed JAZB safety zone 2 is shown by the

17 black ellipsoid on the slide. It was established by

18 drawing 5,000-foot radiuses from the runway ends and is

19 coincident with the FAA defined horizontal surface.

20 Even though the language may seem a bit technical, the

21 uses prohibited in safety zone 2 are generally common

22 sense prohibitions against interfering with flight

23 activity the vast majority of people wouldn't do anyway.

24 For example, bright up-lighting like search lights or

25 lasers pointed into the sky that could blind pilots or

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1 unauthorized high powered radio transmitters that could

2 interfere with aviation frequencies would be unallowable

3 uses. The ordinance does not prohibit the installation

4 of or use of rooftop solar panels on homes or restrict

5 the use of FCC approved amateur radio stations in zone

6 2.

7 JAZB safety zone 1 is shown by the blue shaded

8 area on this slide. As mentioned before, it is the most

9 restrictive safety zone in that buildings are

10 prohibited. It also prohibits land uses that attract,

11 create or bring together an assembly of people. It does

12 allow for agriculture uses, non-spectator outdoor

13 recreation, vehicle parking and other approved

14 aeronautical activities.

15 As a reminder, the JAZB considered all of the

16 factors set forth in the state's airport zoning statute

17 in safety zone 1 including a safety risk analysis.

18 Safety zone 1 maximizes the use of airport owned

19 property and only encumbers off airport property that is

20 guided for non-occupant open space type uses. It

21 includes airport property outside of the perimeter fence

22 and under existing and future runway approaches. The

23 JAZB also included off airport property guided to be

24 public, semi public in the City of Lake Elmo along with

25 railroad and major roadway right-of-ways adjacent to

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1 those uses.

2 Moving on, the draft airport zoning ordinance

3 narrative covers several important technicalities and

4 we'll cover a few of them here. Section 7 of the draft

5 ordinance addresses nonconforming uses and clarifies

6 that both structures and land uses in existence when the

7 ordinance becomes effective are allowed to remain in

8 place. Section 8 provides detail about the issuance of

9 airport zoning permits, it clarifies that permits are

10 only required for modifications to nonconforming

11 structures and for existing or new structures that

12 exceed the maximum construction height without permit

13 elevation established for each parcel.

14 Section 9 addresses the variance process.

15 Variances will be required in order to use a property in

16 violation of the airport zoning ordinance. It will be

17 issued by a board of adjustments set up specifically to

18 hear airport zoning variance requests. The board of

19 adjustment will consist of five members and meet on an

20 as-needed basis to review variances. Section 11

21 outlines the duties and responsibilities of the zoning

22 administrator to locally administer and enforce the

23 provisions of the ordinance. The zoning administrator

24 is the official or entity responsible for zoning in each

25 effective municipality.

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1 Which brings us to the next steps in the

2 process. Public comment period is open until

3 February 7, 2020. If you would like to provide written

4 comments beyond any verbal testimony made tonight, you

5 can either fill out a comment form before you leave,

6 mail comments to the address on the notice, or send them

7 via email to the address also on the notice.

8 After the public comment period closes the Joint

9 Airport Zoning Board will review all testimony and

10 comments submitted and prepare a hearing officers

11 report. Then the JAZB will meet to review the content

12 of that hearing officers report and determine if the

13 draft airport zoning ordinance is ready to submit to

14 Mn/DOT for review or provisions are needed before

15 submittal. That meeting will likely occur in the late

16 March or early April time frame.

17 Once submitted Mn/DOT has a 90-day review period

18 to either ask for additional information or render a

19 determination. As a reminder, Mn/DOT reserves the

20 authority to determine whether or not the proposed

21 zoning ordinance meets a reasonable level of safety

22 threshold. If Mn/DOT approves the ordinance the JAZB's

23 action will be to transmit a final version to the

24 affected municipalities to be incorporated and

25 administered along with their respective zoning codes.

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1 Conversely, if Mn/DOT disapproves the draft

2 ordinance, the JAZB's task is to consider revisions that

3 address Mn/DOT's objections. If substantive revisions

4 are made to the draft zoning ordinance the board will

5 need to conduct a supplemental public hearing to present

6 the changes. If a supplemental public hearing occurs a

7 draft ordinance would then be resubmitted to Mn/DOT and

8 then follow the same process until approved and adopted.

9 Chair Weyrauch, that concludes my remarks this

10 evening.

11 MR. WEYRAUCH: Thank you for the

12 presentation. At this time we will enter the exhibits

13 into the formal record and begin the public hearing

14 portion of today's meeting. And so please proceed by

15 entering the exhibits for today's hearing into the

16 record.

17 MR. RALSTON: All right. Thank you, Chair

18 Weyrauch. Notice of this public hearing was published

19 in several places, in the Stillwater Gazette newspaper

20 on January 10 and 17, 2020, and the St. Paul Pioneer

21 Press newspaper on January 12. In addition, notices

22 were mailed to the governing boards of the JAZB member

23 municipalities, to property owners within proposed JAZB

24 safety zones 1 and 2, and distributed electronically to

25 persons described in the Metropolitan Airports

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1 Commission gov delivery news subscription service. The

2 notice is also posted on the Lake Elmo Airport Joint

3 Airport Zoning Board page on the MAC Website. The

4 notice and draft Lake Elmo Airport zoning ordinance are

5 available for public inspection at the following

6 locations, the Metropolitan Airports Commission main

7 office, the city halls of Lake Elmo and Oak Park

8 Heights, the Baytown Community Center, Lake Elmo Aero,

9 and the Lake Elmo Library.

10 The following exhibits that are part of the

11 public hearing process at this point in time will now be

12 entered into the formal record. Exhibit A is the draft

13 Lake Elmo Airport zoning ordinance itself dated

14 January 6, 2020; Exhibit B is the public presentation

15 that I made a few moments ago; Exhibit C is the notice

16 of public comment period and public hearing for the

17 draft Lake Elmo Airport zoning ordinance; Exhibit D are

18 affidavits of publication of the public notice in the

19 Stillwater Gazette and the Pioneer Press; Exhibit E is

20 an affidavit of mailing of the public notice; Exhibit F

21 is an affidavit of Web posting of the public notice;

22 Exhibit G is an affidavit of the gov delivery

23 distribution of the public notice; and Exhibit H is the

24 Lake Elmo Airport Joint Airport Zoning Board meeting

25 records for June 25th, August 29th, October 17th and

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1 December 5th, 2019.

2 Chair Weyrauch, that concludes the entry of

3 exhibits into the record.

4 MR. WEYRAUCH: Thank you. We'll now enter

5 the comments by the public with a little bit of a prompt

6 and some of this is scripted, but I'm going to be

7 filling in the script here as we go. We'll take the

8 time now for public testimony on the draft Lake Elmo

9 Airport zoning ordinance. Speaker cards again were

10 located at the table, at the entry table. If you have

11 not filled out a card and would like to have one, please

12 raise your hand now and we'll make sure we get you a

13 card. If anybody has cards that they took and filled

14 out that they would like to turn in, go ahead and just

15 raise them up. And you don't have to have it

16 necessarily ready right away, we'll ask you again before

17 we complete, so if you're still working on it, feel free

18 to continue and we'll come back to you.

19 We will not be answering public questions

20 tonight and will not be taking any action or making any

21 recommendations, this is an opportunity for us to listen

22 to the public's commentary here tonight. All of the

23 verbal and written comments will be taken into

24 consideration before taking final action at a future

25 meeting of the Joint Airport Zoning Board, as Neil just

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1 outlined.

2 As a reminder to the JAZB members that today is

3 a hearing for the public to provide its comments. Once

4 the hearing is complete and all comments are received,

5 the JAZB members will have our chance to review the

6 public record and to deliberate before taking action on

7 the draft ordinance. While the chair does not wish to

8 discourage JAZB members' questions or discussion today,

9 I ask that you consider holding them for our next

10 meeting when we have the benefit of the full public

11 record. And just to be clear, the conversation about

12 the public record or the public comments can include all

13 comments as opposed to having some big debate out ahead

14 of somebody who hasn't had a chance to have their public

15 speaking turn. If a member of the JAZB does wish to

16 provide formal comments for the record tonight, please

17 fill out a speaker card and provide testimony as a

18 member of the public at the podium.

19 We will prioritize speakers by letting our

20 guests from the public go first, followed by the JAZB

21 members last, if that's acceptable. The hearing record

22 will remain open through Friday, February 7th. You may

23 mail or deliver materials you wish to make part of the

24 record to the board secretary, care of the Metropolitan

25 Airports Commission, located at 6040 28th Avenue South,

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1 Minneapolis, Minnesota, 55450, or you may transmit them

2 by email to [email protected]. And please

3 feel free to come get that from me afterwards.

4 Finally, the board requests that the public

5 testimony focus on the draft Lake Elmo Airport zoning

6 ordinance. Let me note again, this is not a public

7 hearing on aircraft noise or the proposed airport

8 improvements. Your testimony will be recorded by the

9 court reporter. Please state your name, address and who

10 you represent for the record. If you have a business

11 card please give that to the court reporter. I already

12 have, I haven't counted them yet, I have nine, at least

13 one more coming, I have nine so far speaker cards and I

14 will call people in the order in which I received the

15 cards. Please remember to limit or at least be timely

16 with your comments so that everybody has an opportunity

17 to have their presentation. And your testimony should

18 be related to our draft airport zoning ordinance. When

19 I call your name please come forward, use the

20 microphone, and stand at the podium at the front of the

21 room.

22 And with that we will go with our first card

23 which is Vince Anderson.

24 VINCE ANDERSON: Thank you, Rick. I

25 presume you will all be able to hear me, I prefer not to

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1 use a microphone. Before I begin, I was surprised to

2 hear that there's no questions. I would ask if you find

3 my questions inappropriate, then cut me off, but

4 otherwise I think it would be nice to get an answer.

5 My name is Vince Anderson, I'm a resident of

6 West Lakeland Township, I'm a pilot though it's no

7 longer current. I'm a member of the public that has an

8 easement over 30th Street in its location. My address

9 is 1815 Hillside Court, but that's on file with MAC.

10 While I do know some of you, I need to understand who is

11 here, the mechanics of the approval process, and what

12 happens to comments made or received during the comment

13 period and the like. Some of these issues, Rick, you

14 didn't seem to cover. I ask for your patience while I

15 do ask a couple questions.

16 I see that we have a court reporter, will there

17 be a transcription available to the public? Who gets a

18 copy of the transcription without specifically

19 requesting it, Mn/DOT? That's a question.

20 MR. WILSON: The transcript will be made

21 available as part of a hearing officers report that will

22 then go to the next JAZB board meeting and it will

23 likely be posted on the project Website.

24 VINCE ANDERSON: Okay. But does it go to

25 Mn/DOT?

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1 MR. WILSON: The transcript of the hearing?

2 VINCE ANDERSON: Yeah.

3 MR. RALSTON: Yes.

4 MR. WILSON: Yes, I believe we do send it.

5 VINCE ANDERSON: Who said yes?

6 MR. RALSTON: I said yes, it will be part

7 of the, the hearing officers report will be submitted.

8 VINCE ANDERSON: Thank you, Neil. Will the

9 FAA get a copy of this public hearing?

10 MR. WILSON: I do not know.

11 MR. RALSTON: The FAA is not a party to the

12 airport zoning.

13 VINCE ANDERSON: Will the Met Council get a

14 copy of this public hearing?

15 MR. RALSTON: If they download it from the

16 Website.

17 VINCE ANDERSON: So without requesting it,

18 the answer is no. I did not, when I received one of

19 these documents that listed all of the people who are

20 members, it wasn't clear, and you seem to point it out,

21 some are voting members and some are not. How many of

22 the voting members are here tonight?

23 MR. WEYRAUCH: Just raise your hands. We

24 have a couple in the audience.

25 VINCE ANDERSON: And how many is the total

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1 voting members?

2 MR. WEYRAUCH: 11, ten plus myself.

3 VINCE ANDERSON: Is there a quorum?

4 MR. WEYRAUCH: Yes.

5 VINCE ANDERSON: And the people who didn't

6 show up just get to vote anyway?

7 MR. WEYRAUCH: There's no vote.

8 VINCE ANDERSON: Okay. Thank you. Are any

9 of the members of that group pilots?

10 MR. WEYRAUCH: Technically I am a pilot, I

11 do not fly.

12 VINCE ANDERSON: Okay. Are any of you

13 attorneys? Have you all read the notice of public

14 hearing, please be honest and wave your hand if you have

15 not read the notice in its entirety? Have you all read

16 a draft copy?

17 MR. KREMER: I guess I'm confused, it's

18 supposed to be a public hearing and I'm feeling like

19 it's some sort of cross examination.

20 MR. WEYRAUCH: Yeah, I'm a little confused

21 as well. Continue to ask all your questions if that's

22 what you'd like to do.

23 VINCE ANDERSON: Well, I'm getting, we're

24 close. This document was what I was referring to, have

25 all the members of the JAZB, is that how you pronounce

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1 it?

2 MR. WEYRAUCH: Correct.

3 VINCE ANDERSON: Have you all read this in

4 its entirety?

5 TIME KEEPER: One minute remains of your

6 time.

7 MR. WEYRAUCH: We're going to be flexible

8 on the time, I meant to make that more clear.

9 VINCE ANDERSON: Is there anyone here from

10 Mn/DOT?

11 MR. WEYRAUCH: Yes.

12 VINCE ANDERSON: Would you identify

13 yourself and tell us what function you're performing.

14 RYLAN JURAN: My name is Rylan Juran, I'm

15 the planning director in the Office of Aeronautics.

16 VINCE ANDERSON: Is there anyone here

17 representing the Washington County Fair or the

18 fairgrounds? Is there anyone here representing

19 Washington County? I'm surprised that Washington County

20 is not a member of the board when they've got two roads

21 adjoining the airport and one that runs through zone 1.

22 Is there any representation or regular attendance by

23 anyone representing the Union Pacific Railroad? We'll

24 talk more about the railroad later. There's no

25 representation by Met Council, correct?

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1 In the notice itself, and Neil brought it up, it

2 says that for the most part the restrictive maximum

3 heights are less than the maximum allowed in applicable

4 zoning, what's not most and is it listed any place as to

5 where you're more restrictive or was that --

6 MR. RALSTON: All of the information is

7 provided in the maximum zoning permit.

8 VINCE ANDERSON: So there are times that

9 you're more restrictive?

10 MR. RALSTON: We are not aware of any.

11 VINCE ANDERSON: Oh, that's not what it

12 said. In the document itself, line 53 and following,

13 according to the minutes that has not been approved, and

14 one would think that that would have been done before

15 this, whether it's part of the document or not.

16 Line 128, Met Council is the planning arm of the region

17 and should be in the approval process. Line 132, you're

18 only going to allow paved runways ever out here? Is

19 there a provision for helicopters, I didn't see them

20 pointed out? Line 149, I see a typo and this is an

21 editorial comment, but with 20 some people in the

22 membership and the people at MAC, if there's typos at

23 this stage, that says people really didn't read it.

24 The numbers in parentheses, line 153 and

25 following and a number of other issues in there, that

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1 went away 40 years ago. Line 301, the fairgrounds, I

2 don't see any possibility of you being able to enforce

3 that. Line 313, exposed transmission lines, we just

4 paid to move transmission lines from one side of Manning

5 to the other and now they're within your zone and need

6 to be taken down, put underground. Who from MAC should

7 have caught that and spoke up when that was happening?

8 We're the ones that are paying for it.

9 Line 315, Neil, you mentioned an assembly of

10 persons, that's an undefined term, it's not in your

11 definitions. I don't know whether it's two or three or

12 17 or whatever. I see you're allowing livestock at the

13 fairgrounds, or excuse me, at the airport, that's kind

14 of a surprise. Light outdoor recreation which is

15 approved isn't defined, that's in line 318. Line 414

16 was an 8 percent penalty, interesting to know how you

17 would have found or how you determined that 8 percent.

18 Line 519 talks about things being done in

19 writing but doesn't talk about a distribution as to

20 where those would go. Line 575, I think you'll find

21 that you can't enforce that and it's probably not legal.

22 And line 605 is applicable and following is applicable

23 to all actions of MAC, not just zoning. I don't see any

24 reference here, will pancake breakfasts and the like be

25 eliminated? Those gatherings require additional

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1 artifical traffic through the RPZ as well as additional

2 flights. The fairgrounds are not a mile away as stated

3 in the environmental statement. Crosswind traffic with

4 a normal left-hand departure goes right over the

5 fairgrounds. Within the past helicopter rides at the

6 fair, amusement rides that I don't think have been zoned

7 over on any particular height, lots of lights. I'm not

8 aware that MAC took any action when the fair moved to

9 its existing location after the airport was there, the

10 fairgrounds are used for considerably more than one week

11 a year, considerable lighting poles at the airport, or

12 at the fairgrounds.

13 Let's talk about the railroad. It's outside the

14 airport, your boundaries show that it's clearly not

15 airport property, it predates the airport. Railroads

16 run under a different set of rules. You've got heights

17 of the cross gate bars, a railroad fence. The railroad

18 itself is, you tell me, 10 feet, 15 feet above the

19 runway in the RPZ? They can do construction on their

20 property without any sort of zoning as far as I'm aware,

21 the railroad was around a long time, they could put up a

22 construction tower. Has there been any contact to the

23 Union Pacific Railroad by the JAZB? I take that as a

24 no. Has the Union Pacific Railroad contacted MAC or the

25 JAZB? I take that as a no. It was a surprise to MAC

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1 when I pointed out that there was a railroad running

2 through the airport. What are your plans for a written

3 enforceable contract with the Union Pacific Railway?

4 Hunting has been unrestricted in the past on

5 airport property for the lake and wetland south of 30th

6 Street, are you going to permit that in the future? Any

7 notification to Minnesota DNR? Sounds appropriate.

8 There's no restriction on vehicle size or the type on

9 the road in the RPZ, is it a good idea to run a fuel

10 truck across the RPZ, or buses? And there's no

11 documentation anywhere on methods of updating this

12 ordinance. Do you reconvene the JAZB, appoint a new

13 one, what the approval process is? I did read the

14 minutes of the JAZB meetings, I saw no input from board

15 members for changes or inclusion. Was the JAZB solely

16 the work of MAC?

17 In closing, I know you're happy to hear that,

18 Rick, if you want clarification or a description,

19 contact me. Thank you.

20 MR. WEYRAUCH: I'll take an opportunity to

21 address those questions in some fashion after the fact.

22 VINCE ANDERSON: Thank you very much.

23 MR. WEYRAUCH: Just for the sake of

24 timeliness, I tried to let you get through as many of

25 them as possible.

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1 VINCE ANDERSON: Thank you.

2 MR. WEYRAUCH: Our next speaker will be

3 Dave Schultz.

4 MR. SCHULTZ: I thought you were going to

5 let the JAZB members go first.

6 MR. WEYRAUCH: Oh, yeah, thank you very

7 much. I'm sorry. Marian Appelt.

8 MARIAN APPELT: Marian Appelt, I'm a

9 resident of West Lakeland Township, I live at 2655 Neal

10 Avenue North. I did my best to review the zoning, the

11 proposed zoning as well as follow up with everything. I

12 think that there is deep concern about changing from the

13 legacy zoning that had been in place with Mn/DOT and

14 going to a custom zoning. I think the issue that I have

15 with it, I think it continues to show a lack of concern

16 for the public safety, the people on the ground.

17 Zone 1 as proposed does restrict land uses.

18 Zone 2, however, no longer addresses some of the

19 concerns that were limited in zone A and zone B as far

20 as legacy zoning. I do find the custom zoning being

21 allowed in sort of a suspicious time frame at which it

22 was approved at the legislature. It was approved in a

23 special session under the omnibus bill and not shown due

24 diligence in terms of it being run through the

25 legislature in the proper steps. I think it's very

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1 convenient how the custom zoning got allowed right

2 before the zoning of Lake Elmo Airport.

3 I think the traditional zones A and B were much

4 more appropriate for protecting the safety of the public

5 and people and land use below the airport. The current

6 custom zoning I don't think addresses some of the

7 concerns that the limitations in zone B had done, I

8 don't think it has adequately addressed items of

9 concern. And part of it could be that I may not have

10 read the minutes of the JAZB, but from what I've seen I

11 do not feel that it addressed some of the vulnerable

12 populations, I don't think it addressed the location of

13 wildlife attractiveness, especially with the high

14 density housing that's going on in developments on the

15 ground. We now have ponds that are attracting geese and

16 ducks and wildlife in those areas.

17 And I did not see any references to the accident

18 rate at the airport and perhaps, like I said, I didn't

19 read all the JAZB meeting minutes. I do think that the

20 dense housing that's on the other side of Manning is not

21 conducive with the types of the custom zoning. Zone B

22 used to be at least low density housing at least

23 requiring an acre for an individual house, and now

24 there's no restriction whatsoever in zone 2. I think

25 that the dense housing that's going on does not make it

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1 safe for the residents and I also don't think it makes

2 it safe for a pilot. Where is the pilot going to put a

3 plane down if he runs into a problem? Now you've got

4 dense housing or housing that's on top of an acre and

5 versus having a resident when there's one house and one

6 in three. And in West Lakeland we have a two and a half

7 acre minimum.

8 So I think the zoning should have been in place

9 years ago, I think Mn/DOT had requested zoning to be in

10 place, I don't understand why it wasn't. I have been

11 informed that it's been a combination of lack of

12 municipalities involvement, but I do think that had that

13 been done and all the zone A would have been purchased,

14 we wouldn't be standing here at this point in time and

15 wouldn't have the restrictions and wouldn't have to have

16 this kind of a public meeting.

17 I'm not sure if it's feasible, but I think there

18 were funds available at one point in time to MAC to

19 purchase the land in zones A and I think that should

20 have been done and had it been done years ago we

21 wouldn't have some of the issues that we have now. So I

22 think it's a safety issue for the residents and I think

23 that the zoning, the cost of zoning allows zoning for

24 the airport and the interference and height

25 restrictions, but it does nothing for the safety of the

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1 residents on the ground.

2 MR. WEYRAUCH: Next we have Ann Bucheck and

3 she also included a written statement for which we will

4 add to the record.

5 ANN BUCHECK: My name is Ann Bucheck,

6 B-U-C-H-E-C-K, I live at 2301 Legion Avenue in Lake

7 Elmo, Minnesota. I really enjoyed the first two

8 speakers and I thank them for being here. And as I

9 mentioned, it's not good driving tonight and I'm afraid

10 that there are a lot of people who could not be here who

11 probably would like to be here.

12 I understand the airport has control over

13 8,000 feet of airspace above the airport in all

14 directions and I would assume that they would have

15 control of 8,000 feet of space on the land in all

16 directions. We may be discussing this fact this

17 evening, but to be correct and safe, I thought MAC or

18 JAZB, I don't know who would have done it, would have

19 been correct if they had sent out a notice to all the

20 property owners in that area. This did not occur and

21 I'm asking why the letters were not sent? If you wanted

22 all citizens within the 8,000 feet to be aware of your

23 proposed zoning ordinance, you should have notified them

24 in writing. To make it clear to everyone, 5,200 feet is

25 one mile, so 8,000 feet would have been about a mile and

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1 a half in all directions from the airport.

2 Tonight's discussions about airport zoning, if

3 I'm hearing MAC correctly, they only want airport zoning

4 to cover the airport property, that's the land that the

5 general public knows as the airport. It would be done

6 in a manner known as custom zoning. It makes sense, but

7 not when you know that they have control over 8,000 feet

8 in the air and that since 1970 they were asked to have

9 airport zoning in place to receive funding, and guess

10 what, they have received funding since the '70s. So why

11 didn't they do the zoning? Good question. Why are they

12 not including the 8,000 feet on the land in all

13 directions from the airport since they, and we, the

14 public, are concerned about safety? It should be.

15 Those of us who live in the area, and I would

16 assume MAC also, would want the people in those

17 8,000 feet to be safe. The people who live in homes,

18 apartments, senior housing, shop and stores, children

19 who attend Lake Elmo elementary schools and those who

20 drive on Manning Avenue and other roads want to feel

21 safe. To exclude all the land from your airport zoning

22 makes it appear that you don't care, and I certainly

23 hope that's not the case.

24 We need zoning and with it advisories and

25 conditions so we feel safe. We don't need more ground

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1 and plane traffic and heavier planes. We want the

2 zoning to include those 8,000 feet in all the directions

3 and we want it to be an advisory for safety. We want

4 conditions for the safety of the pilots and also those

5 on the ground. We want to know that MAC has the

6 citizens' safety as their No. 1 concern. Please include

7 all land, developed and undeveloped, in the airport

8 safety zoning. Thank you.

9 MR. WEYRAUCH: Next speaker is Brad

10 Cornell.

11 BRAD CORNELL: My name is Brad Cornell, I

12 live at 2733 Neal Avenue North, West Lakeland. Okay.

13 Myself I have lived out here for 32 plus years, built in

14 1987, and I own a photography studio on my property and

15 in 2009 I submitted a proposal for West Lakeland to get

16 a variance to build a building on my property, it

17 extends approximately 30 feet above ground level, but it

18 took me two and a half years to go through the public

19 hearing process, our planning board, to get my neighbors

20 of 1,000 feet all the way around me, including MAC as

21 one of the residents, to get approval for my variance.

22 MAC never showed.

23 As a matter of fact, as I went to the town board

24 meetings and so forth in the last 32 years, the only

25 time we ever saw MAC at these meetings was about

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1 proposed airport expansion, and today we're here talking

2 about zoning. When I built in 1986 I went in front of

3 our board to find out about the zoning ordinances,

4 whether we could have horses, my business, and about the

5 airport itself. There was no zoning prohibiting us. In

6 1997 I went to a MAC meeting at MAC about expansion of

7 the relievers. There they showed their zone A's their

8 expansion plans and my home was in zone A at that time.

9 The president of MAC said your home is in zone A, we

10 would purchase your home before we did the construction

11 on our expansion and some of several of my neighbors.

12 We have a new neighbor across the street that's even

13 closer to the new proposed runway, what are they going

14 to do about him? The airplanes are literally going to

15 go over the top. And for the last three years or so in

16 this planning process we brought up the safety of us on

17 the ground with respect to 30th Street. The winds blow

18 the snow, it's a very unsafe road. They're now building

19 a road without real full permission to require West

20 Lakeland to take the road. It's going to be a hazard.

21 As we can see 30th Street is today, you have to go very,

22 very slow, there's wind drifts, et cetera.

23 Now specifically to MAC. If you look at the

24 quality of the airport itself, back post 2001 our

25 President Bush required the airports to put in fencing.

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1 If you'll observe along Manning, the fence is well

2 maintained. If you drive down 30th, as soon as you get

3 past the one hangar there, the fence is completely

4 overtaken by overgrowth. You go up the dead end street

5 of Neal North, it's completely overgrown and not

6 maintained. Oh, they were supposed to build it all the

7 way around the airport for security, they didn't bother

8 to go along the railroad tracks. There's no gates to

9 keep people out. It's an example of the lack of their

10 maintenance of their facility. They're going to expand

11 this airport, they're going to move our 30th and let it

12 get dilapidated over the next 30 years again just like

13 they did before.

14 What is going to happen is that pilots,

15 unfortunately if there is an accident, they're the first

16 ones at the accident. But also on 30th, if they have an

17 accident they're going to kill somebody on 30th.

18 There's 1,700 cars a day going down that road and I'm

19 one of them on my way to work and on my way home.

20 There's buses that go down that, it is high volume

21 traffic, not as much as Manning, but they're attempting

22 to move a road that is critical to our community in a

23 straight line, not several curves that are very slow

24 speeds. Thank you.

25 MR. WEYRAUCH: The next speaker is Laura

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1 Kaschmitter.

2 LAURA KASCHMITTER: So here we are at

3 public hearing No. 3. Public hearing No. 1 after we

4 wrote our comments was 88 percent opposed, 12 percent

5 for. In a democracy that would mean the opposition won.

6 Sadly, we are still going because MAC took that as a

7 win. Public comment period No. 2, 61 percent opposed

8 this plan, 38 percent said yes. Once again in a

9 democracy, the opposition would win, the project still

10 went forward.

11 So here we are, public comment period No. 3, you

12 sit there and you look at us. A public hearing means

13 you listen and then you engage the public as to how this

14 is going to work, to safely work for everyone. You have

15 not done that. I don't want to hear how you changed a

16 3,600 foot runway to 3,500 foot to please us. It was

17 done because you were unable to, we have many documents

18 that show that.

19 So the zoning, this has been stated and I'm

20 going to state it again, you have had five decades to do

21 zoning. Now you have many houses, dense housing where

22 you want to put the zoning. So now you had to create

23 custom zoning, except that zoning is really a

24 mathematical equation, it is not drawing a line around

25 your property boundaries, that is not zoning, that is

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1 convenient zoning for you. You had five decades to get

2 this done, it was not done, and it is now too late to do

3 it safely for the residents, for the pilots, for the

4 whole area. I want this project stopped because it no

5 longer fits in the area that the airport now lives in.

6 Thank you.

7 MR. WEYRAUCH: Next speaker is Mick

8 Kaschmitter.

9 MICK KASCHMITTER: Why are we here? You've

10 already started digging and pounding and hammering away,

11 hauling dirt all over the place. You're not going to

12 stop, so why is this zoning going to make a difference?

13 I think everybody said that we got to have it, it was

14 supposed to be in place earlier because of state

15 statutes, you ignored it, so why are we doing this?

16 Kind of taking off a little bit of what Vince

17 said, is this custom zoning going to prohibit the perks,

18 and that's spelled P-E-R-K-S, and that is a MAC term, is

19 it going to stop the perks and other activities that

20 pilots have at the airport that they conduct different

21 things on the airport grounds within that zone such as

22 they have garage sales, they have graduation parties,

23 they have block parties, they have set up campers on the

24 ends of the runway and camping for the night. They

25 drive out to the end of the runways, let their dogs out

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1 and let the dogs just run at the end of the runways.

2 They also have car shows and repair garages that would

3 put Tires Plus and other repair shops to shame with the

4 amount of tools and cars they have in them. So how is

5 that going to be allowed, is this custom zoning going to

6 help relieve that and prohibit it?

7 What about the custom zoning, is it going to

8 protect our land values? Are we able to sell our

9 property, I mean, we have a five-acre horse property, if

10 we elect to sell are we still going to have a five-acre

11 horse property? And what if for some reason we are not

12 allowed to say we have a five-acre horse property, is

13 MAC going to reimburse us for any damages?

14 I guess lastly, I want to fly a drone on my

15 property, can MAC stop me with this custom zoning?

16 Because I guess I can go to Lake Elmo Aero and get drone

17 pilot training, so I guess will that be allowed now

18 under this custom zoning?

19 MR. WEYRAUCH: Next speaker is Mike Seeber.

20 MIKE SEEBER: Hi, everybody. That's

21 S-E-E-B-E-R. Thank you. Vince is my new hero, thank

22 you for what you said, I appreciate that. I think most

23 people know me, I'm against this -- oh, I'm sorry, I'm

24 at 2301 Neal Avenue North. Oh, this is weird, I don't,

25 it's very uncomfortable for me to be the center of

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1 attention, usually I like being behind the camera, but I

2 couldn't not speak out.

3 I'm very much opposed to this project. I'm

4 curious with this new Lake Elmo Aero, I'm curious if,

5 and I haven't heard if the zoning is going to take into

6 consideration repeated touch and goes, six, eight, ten,

7 12, 14 times at a time adding up to maybe over 100 a

8 day, repeatedly, the same loud plane over our house.

9 It's not, I don't think you would like it if it was you

10 under this noise. And I wonder if there is a, and I

11 would like the board to address this, if there would be

12 a limit on those types of activities. I don't

13 appreciate conducting flying schools over our house and

14 I'm not sure that, I could be wrong, I'm not sure that

15 I've seen that in the zoning. I've been at those

16 meetings, I haven't paid a lot of attention because

17 they're not that interesting, sorry, but I have not

18 heard that addressed, so I would appreciate that.

19 And just also for the record -- I'm not a very

20 good public speaker, am I? Now seeing the new road

21 that's going to let the runway be extended and the road

22 coming way around the end of the runway seems ridiculous

23 and I'm not sure how that can even pass. I mean, it

24 doesn't pass the smell test, it doesn't pass common

25 sense, it seems ridiculous from just a good judgment

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1 point of view, just a real gut check. And so I would

2 encourage all those opposed to maybe bring this up to

3 the FAA or higher authorities. I just can't imagine how

4 it would pass. So thank you.

5 MR. WEYRAUCH: Next speaker is Tom

6 Vierling.

7 TOM VIERLING: Hello. Due to some of the

8 previous comments I'll limit this, make it a little

9 shorter. I'm Tom Vierling, I live at 2825 Neal Avenue

10 North, Stillwater. I understand MAC has the right and

11 responsibility to zone the space and land property at

12 the airport. What I don't understand is what gives MAC

13 the right to zone private property surrounding the

14 airport without due compensation.

15 Also I've heard the term grandfathered thrown

16 around. I would like that to be addressed and defined.

17 Who will be grandfathered, us, the next owner, is the

18 property grandfathered forever? It is a proven fact

19 that the land surrounding an airport will lose up to

20 25 percent of its value, in addition zoning will

21 restrict our land use also without compensation. Thank

22 you.

23 MR. WEYRAUCH: At this time do we have any

24 other cards that anybody has filled out while we've been

25 taking public comment?

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1 MOLLY OLSON: I have a question versus a

2 comment. Was the comment supposed to be in earlier?

3 MR. WEYRAUCH: The public comment is for

4 you to use it in whichever way you wish. Feel free to

5 come up. If you just want to turn it in, you can; if

6 you want to read it, you can.

7 MOLLY OLSON: I'll read it. Molly Olson, I

8 live at 2301 Neal Avenue, West Lakeland Township. Two

9 of the other speakers alluded to this, but I had written

10 out my card before so I'm just going to ask it anyway.

11 What types of public comment in this public comment

12 period that's open until February 7th will be considered

13 relevant to and have any impact on the decisions already

14 made in the ordinance draft? That's my first question.

15 My second question is you said the comments

16 "will be taken into consideration and then discussed

17 with, summarized by somebody else and then discussed by

18 the JAZB board." I'm wondering in what meaningful way

19 will the JAZB board do or write or decide anything

20 different based on any of the public comment and what

21 type of comment would change anything you've already

22 decided? I guess that's the third question. It doesn't

23 sound like you're answering questions here tonight.

24 Those my questions.

25 MR. WEYRAUCH: No, but I can generically

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1 answer all of them. That is the purpose for the next

2 JAZB meeting is to discuss at whatever length the

3 members and is appropriate for, you know, the debate

4 that goes on, all of the public comments that are taken

5 into the record over the entire period. So we will

6 recap, discuss, talk about and whatever, whatever comes

7 of it will all be at our next meeting before we actually

8 take an action to submit.

9 MOLLY OLSON: And my question is, in what

10 meaningful way will the JAZB board do or write or decide

11 anything different in the ordinance based on these

12 comments?

13 MR. WEYRAUCH: Fair enough, I understood

14 that the first time. I don't know, we'll have that

15 discussion at the next meeting.

16 MOLLY OLSON: Nothing like has been done

17 pretty much with all of the last few meetings, I would

18 expect it, but hopefully you'll prove us wrong.

19 MR. WEYRAUCH: Could I have your card too,

20 please. Thank you. Thanks, I appreciate it. Any other

21 speakers, any other speaker cards, any other

22 submissions?

23 ANN BUCHECK: I spoke once, can I ask a

24 question, can I make a comment? I didn't use my five

25 minutes, so I'm short.

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1 MR. WEYRAUCH: I understand.

2 ANN BUCHECK: My name is Ann Bucheck, I

3 live at 2301 Legion Avenue in Lake Elmo, Minnesota. She

4 just asked a really interesting question. I've been to

5 the JAZB meetings and not only me but others have asked

6 questions and they have never, ever been answered. I

7 have been to meetings, I have been to the follow-up

8 meetings, you have never answered any of our questions.

9 Thank you.

10 MR. WEYRAUCH: At this time we'll go with

11 the JAZB members who filled out cards and we'll start

12 with Dave Schultz.

13 MR. SCHULTZ: Dave Schultz, S-C-H-U-L-T-Z,

14 1440 Norcrest Avenue North, West Lakeland Township. I'm

15 on the board of supervisors for West Lakeland and also

16 on the JAZB. This JAZB board has met four times and we

17 received the document at the last meeting. I'm trying

18 to figure out what the rush is to get this done. It

19 took multiple years for zoning at Flying Cloud.

20 The zoning members have never had a chance to

21 review this document or had a chance to discuss the

22 contents at any of the zoning meetings. This totally is

23 being driven by MAC, not the zoning board. The zoning

24 members were never given an opportunity to present to

25 their attorneys, the planners, building officials for

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1 their comment to see how these ordinances may impact

2 their community and at what cost.

3 It states in this document, Section 1, purpose

4 and authority. Lake Elmo Airport Joint Airport Zoning

5 Board created and established joint action of the

6 Metropolitan Airports Commission and the cities of Lake

7 Elmo, Oak Park Heights, Baytown and West Lakeland

8 Township pursuant to provisions and authority of

9 Minnesota statutes. It also talks about airport hazard

10 endangers the lives and property of users of the airport

11 and property or occupants of land in its vicinity; and

12 the creation or establishment of an airport hazard is a

13 public nuisance; and for the protection of the public

14 health, safety, order, convenience, prosperity and

15 general welfare, and for promotion of the most

16 appropriate use of land it is necessary to prevent the

17 creation or establishment of airport hazards.

18 Your map depicts a circle of about 8,000 feet

19 around the airport. Was everybody in that 8,000 feet

20 out from the airport notified of the potential changes

21 to their property? It further states in Section 5, land

22 use safety zoning. Safety zone 1, this is on airport

23 property and restrictions there reference no height

24 restrictions set forth by Section 4B and general

25 restrictions.

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1 Areas designated as safety zone 1 for each

2 runways end shall contain no buildings, exposed

3 transmission lines or similar land use structural

4 hazards and shall be restricted to those uses which do

5 not create, attract or bring together an assembly of

6 persons thereon. Permitted uses may include, but not

7 limited to, such uses as agricultural, seasonal crops,

8 horticulture, raising of livestock, animal husbandry,

9 wildlife habitat, light outdoor recreation, cemeteries,

10 vehicle parking and other approved aeronautical uses.

11 As said earlier, livestock, really, on airport property?

12 Under Section 7 airport zoning permits. Permit

13 required, nonconforming structures of the following

14 items. No nonconforming structure shall be replaced,

15 substantially altered or repaired or rebuilt. So if a

16 roof is damaged by hail, does that mean it can't be

17 repaired, so does that mean it has to be removed?

18 Under Section 12, board of adjustment.

19 Establishment of the board of adjustment and selection

20 of chair. It is hereby established a board of

21 adjustment shall consist of five members appointed by

22 the Metropolitan Airports Commission and each shall

23 serve a term of three years and until a successor is

24 duly appointed and qualified. The members shall select

25 a chair to act at the pleasure of the board of

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1 adjustment. Members shall be removable, blah, blah,

2 blah.

3 The board of adjustment shall have the power to

4 hear and decide appeals from any order, requirement,

5 decision or determination made by any zoning

6 administrator of the Metropolitan Airports Commission in

7 the enforcement of this Lake Elmo Airport zoning

8 ordinance and to hear and grant or deny variances. The

9 key point here is MAC appoints this review board, the

10 communities have no say in it, in the makeup of this

11 board. They could be MAC commissioners and staff with

12 no representation from the communities. Unfortunately

13 how is this fair?

14 Other questions I have are what is the process

15 to make changes to this ordinance after it has been

16 implemented and adopted? What does Exhibit E map and

17 other maps depict mean, there is no narrative for them?

18 With the aircraft counts decreasing over the past decade

19 it would be interesting to know what the count is today

20 after the ADS-B goes into effect on the first of this

21 year.

22 For the public's benefit, this is where every

23 plane at Lake Elmo needs to be fitted with a transponder

24 at a cost of 2,500 to $5,000. With the decrease in

25 aircraft at Lake Elmo the pilots are saying they expect

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1 Lake Elmo to close in five years. How do we address the

2 revocation of zoning implemented by this ordinance if

3 Lake Elmo does close? And if Lake Elmo does close will

4 MAC realign 30th Street to its original configuration?

5 Now for the public's benefit they should know

6 that if Lake Elmo closes, the millions spent on this

7 project and anything done in the previous 25 years will

8 have to be refunded back to the federal government. And

9 this is the same predicament right now that the city of

10 Silver Bay is going through.

11 These are just a few of the concerns I have

12 about this document, there are others that are too

13 numerous to be listed at this time and in this setting.

14 Thank you.

15 MR. WEYRAUCH: The next speaker will be

16 Mary Vierling.

17 MARY VIERLING: Good evening, everyone. A

18 lot of the questions that I had have already been asked

19 and some of them the questions I had have already been

20 answered. But I do feel, I am a member of the zoning

21 board, and I do feel very strongly that if we have

22 control over airspace up to 8,000 feet, I think that we

23 need to apply that same distance on the ground for the

24 people and the residents, the properties that are there.

25 And then from that point we can always look, we can go

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1 smaller if we need to, we can go bigger if we need to.

2 But there is so much that has happened in this area in

3 the last few years with the dense housing, with senior

4 developments, with vulnerable people in housing, and

5 these things have to be addressed.

6 We have schools that fall into that area, more

7 than one, we have churches. These are things that we

8 need to look at that I don't feel that we have addressed

9 far enough yet, so I don't think that we're ready, we

10 certainly aren't ready to send the draft I don't think

11 that is in place right now. I think that there's a lot

12 more more work that needs to be done before that can

13 move forward.

14 Most of the things I was curious about are

15 things like at the fairgrounds, we have that gentleman

16 that likes to do the helicopter rides and he's right

17 off, he's right across the street from the airport

18 property. And how is that safe, do we control that, do

19 we have to have the county board control that? These

20 are things, I don't know, but things that we have to

21 find out and take care of so that everybody can stay

22 safe. I guess that that is probably the only thing that

23 hasn't been said already from everything I have listed.

24 I too am concerned about the wildlife, I'm

25 concerned about, you know, there's drone training going

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1 on and I understand that that's the future in aviation,

2 but we have to find a safe way to do it and to apply it.

3 So again, there are things that still need to be

4 investigated and talked about before that, before we get

5 a draft in to the commissioner. And I guess that's all

6 I have for this evening. Thank you.

7 MR. WEYRAUCH: At this time that's all the

8 cards that I have. I'll make another request for

9 anybody that has a desire to speak, has filled out a

10 card, would like to take an opportunity? With no

11 further public comments, then we will close the public

12 hearing. I'd like to thank everyone for speaking,

13 turning in their comments, and we look forward to

14 debating those at our next meeting.

15 I'll remind everyone that the hearing record

16 will remain open through Friday, February 7th of 2020.

17 Any mail or delivered materials that you wish to make

18 part of the record send to the board secretary, care of

19 Metropolitan Airports Commission, located at 6040 28th

20 Avenue South, Minneapolis, Minnesota, 55450. Or you may

21 transmit them by email to [email protected].

22 Under state law there are a number of additional

23 steps that must take place prior to the adoption of this

24 airport zoning ordinance. After the close of the

25 comment period the JAZB will meet again to review the

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1 public comments and decide whether to make any changes 2 to the draft airport zoning ordinance. The ordinance 3 will then be submitted to the commissioner of Minnesota 4 Department of Transportation for their review and 5 approval. 6 Thank you everyone for attending and your 7 participation. This public hearing is now closed and 8 the meeting of the Joint Airport Zoning Board is 9 adjourned. 10 (Proceedings concluded for the day at 11 7:35 p.m., 01-23-2020) 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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1 REPORTER'S CERTIFICATE 2 3 STATE OF MINNESOTA ) 4 ) ss. COUNTY OF WASHINGTON ) 5 6 I hereby certify that I reported the proceedings on the 23rd day of January 2020, in Lake Elmo, Minnesota; 7 That the testimony was transcribed by me and is a 8 true record of the proceedings; 9 That I am not a relative or employee or attorney or counsel of any of the parties, or a relative or employee 10 of such attorney or counsel; 11 That I am not financially interested in the action and have no contract with the parties, attorneys, or 12 persons with an interest in the action that affects or has a substantial tendency to affect my impartiality; 13 WITNESS MY HAND AND SEAL THIS 23rd day of January 14 2020. 15 16 17 18 19 20 <%17936,Signature%> 21 Kelley E. Zilles, RPR Notary Public, Washington County, Minnesota 22 My commission expires 1-31-2025 23 24 25

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0 2019 16:1 53 23:12 achieving 6:23 01-23-2020 49:11 2020 1:4 13:3 55042 1:8 acre 28:23 29:4,7 14:20 15:14 48:16 55450 18:1 48:20 37:9,10,12 1 50:6,14 575 24:20 acronyms 5:13 1 10:9,10 11:7,17 21d 5:20 5th 16:1 act 44:25 11:18 14:24 22:21 23 1:4 6 action 13:23 16:20 27:17 32:6 35:3 2301 30:6 37:24 16:24 17:6 25:8 6 15:14 43:3,22 44:1 40:8 42:3 41:8 43:5 50:11 6040 17:25 48:19 1,000 32:20 23rd 50:6,13 50:12 605 24:22 1,700 34:18 25 39:20 46:7 actions 24:23 61 35:7 1-31-2025 50:22 25th 15:25 activities 11:14 6:15 1:4 2:2,2 4:9 10 8:18 9:21 14:20 2655 27:9 36:19 38:12 6:30 3:10 25:18 2733 32:12 activity 10:15,23 100 38:7 2825 39:9 7 actual 3:9 9:22 11 12:20 21:2 28th 17:25 48:19 7 12:4 13:3 44:12 add 30:4 12 14:21 35:4 38:7 29th 6:25 15:25 70s 31:10 adding 38:7 44:18 3 7:35 49:11 addition 14:21 128 23:16 7th 17:22 40:12 39:20 3 35:3,11 132 23:17 48:16 additional 13:18 3,500 35:16 14 38:7 24:25 25:1 48:22 3,600 35:16 8 1440 42:14 address 4:15 13:6 30 32:17 34:12 8 12:8 24:16,17 149 23:20 13:7 14:3 18:9 301 24:1 8,000 30:13,15,22 15 25:18 19:8 26:21 38:11 30th 19:8 26:5 30:25 31:7,12,17 153 23:24 46:1 33:17,21 34:2,11 32:2 43:18,19 17 14:20 24:12 addressed 28:8,11 34:16,17 46:4 46:22 17936 50:20 28:12 38:18 39:16 313 24:3 820 1:7 17th 15:25 47:5,8 315 24:9 88 35:4 1815 19:9 addresses 12:5,14 318 24:15 9 1970 31:8 27:18 28:6 32 32:13,24 1986 33:2 9 12:14 adequately 28:8 38 35:8 1987 32:14 90 13:17 adjacent 11:25 1997 33:6 4 a adjoining 22:21 2 40 24:1 able 10:2 18:25 adjourned 49:9 2 10:10,13,16,21 414 24:15 24:2 37:8 adjustment 8:11 11:6 14:24 27:18 4b 43:24 absence 6:5 8:12 12:19 44:18 28:24 35:7 5 acceptable 17:21 44:19,21 45:1,3 2,500 45:24 5 43:21 accident 7:12,14 adjustments 12:17 20 23:21 5,000 10:18 45:24 28:17 34:15,16,17 administer 12:22 2001 33:24 5,200 30:24 accommodate 2:7 administered 2009 32:15 519 24:18 achieves 6:11 13:25

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administration airport 1:1 2:3,9 allowing 6:12 appoint 26:12 5:20 2:11 3:8,15 4:11 24:12 appointed 44:21 administration's 4:11,13,13,14,25 allows 29:23 44:24 8:6,14 5:2,4,5,5,7,8,17,21 alluded 40:9 appoints 45:9 administrator 5:22,23,25 6:10,14 alter 4:12 appreciate 37:22 10:1 12:22,23 6:25 7:2,3,6,8,11 altered 44:15 38:13,18 41:20 45:6 7:12,15,19,21,22 alternate 6:5 approaches 11:22 administrators 7:24 8:5,19,21 9:8 amateur 11:5 appropriate 3:12 9:23 9:15 10:4,15 amount 37:4 6:22 26:7 28:4 adopt 7:1 11:16,18,19,21,23 amusement 25:6 41:3 43:16 adopted 14:8 12:2,9,16,18 13:9 analysis 7:13 approval 5:10 45:16 13:13 15:2,3,4,13 11:17 6:15 19:11 23:17 adoption 4:11 15:17,24,24 16:9 anderson 18:23,24 26:13 32:21 49:5 5:11 6:16 48:23 16:25 18:5,7,18 19:5,24 20:2,5,8 approved 7:21 ads 45:20 20:12 22:21 24:13 20:13,17,25 21:3,5 11:5,13 14:8 advance 5:10 25:9,11,14,15,15 21:8,12,23 22:3,9 23:13 24:15 27:22 advisor 5:2 26:2,5 28:2,5,18 22:12,16 23:8,11 27:22 44:10 advisories 31:24 29:24 30:12,13 26:22 27:1 approves 13:22 advisory 32:3 31:1,2,3,4,5,9,13 animal 44:8 approximately aero 15:8 37:16 31:21 32:7 33:1,5 ann 30:2,5,5 41:23 32:17 38:4 33:24 34:7,11 42:2,2 april 13:16 aeronautical 36:5,20,21 39:12 announce 4:3 area 8:20 11:8 11:14 44:10 39:14,19 43:4,4,9 answer 19:4 20:18 30:20 31:15 36:4 aeronautics 5:19 43:10,12,17,19,20 41:1 36:5 47:2,6 22:15 43:22 44:11,12 answered 42:6,8 areas 8:18 28:16 affect 4:14 7:11 45:7 47:17 48:24 46:20 44:1 50:12 49:2,8 answering 16:19 arm 23:16 affidavit 15:20,21 airport's 7:9 40:23 artifical 25:1 15:22 airports 1:12,13 anybody 2:5 4:18 asked 31:8 42:4,5 affidavits 15:18 1:19 3:6 5:1 6:2 16:13 39:24 48:9 46:18 afraid 30:9 14:25 15:6 17:25 anyway 10:23 asking 30:21 ago 15:15 24:1 33:25 43:6 44:22 21:6 40:10 asks 3:18 29:9,20 45:6 48:19 apartments 31:18 assemblies 10:12 agricultural 44:7 airspace 8:3,5,6,9 appeals 45:4 assembly 11:11 agriculture 11:12 8:14,17 9:2,3,12 appear 31:22 24:9 44:5 ahead 16:14 17:13 9:18,19,22,25 appelt 27:7,8,8 assume 30:14 air 31:8 30:13 46:22 applicable 7:16 31:16 aircraft 4:9 7:10 allow 11:12 23:18 23:3 24:22,22 attempting 34:21 18:7 45:18,25 allowed 10:6 12:7 applicants 10:2 attend 31:19 airplanes 33:14 23:3 27:21 28:1 apply 46:23 48:2 attendance 1:10 37:5,12,17 1:19 22:22

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attending 49:6 baytown 5:25 15:8 brad 32:9,11,11 care 17:24 31:22 attention 38:1,16 43:7 breakfasts 24:24 47:21 48:18 attorney 50:9,10 beginning 3:2 brief 5:3 cars 34:18 37:4 attorneys 21:13 believe 2:24 20:4 bright 10:24 case 31:23 42:25 50:11 benefit 17:10 bring 4:2 10:12 cases 10:3 attract 11:10 44:5 45:22 46:5 11:11 39:2 44:5 catchall 7:18 attracting 28:15 berwald 4:1 brings 13:1 caught 24:7 attractiveness best 2:7 27:10 brought 23:1 cemeteries 44:9 28:13 beyond 13:4 33:16 center 15:8 37:25 audience 3:1 big 17:13 bucheck 30:2,5,5 certain 8:15 20:24 bigger 47:1 41:23 42:2,2 certainly 31:22 august 6:25 15:25 bill 27:23 buffer 9:22 47:10 authorities 39:3 bit 9:22 10:20 16:5 build 32:16 34:6 certificate 50:1 authority 6:18 36:16 building 32:16 certify 50:6 13:20 43:4,8 black 10:17 33:18 42:25 cetera 33:22 available 4:15 blah 45:1,1,2 buildings 10:11 chair 1:11 2:8 4:23 15:5 19:17,21 blind 10:25 11:9 44:2 6:6,6 14:9,17 16:2 29:18 block 36:23 built 32:13 33:2 17:7 44:20,25 avenue 1:7 17:25 blow 33:17 buses 26:10 34:20 chance 17:5,14 27:10 30:6 31:20 blue 11:7 bush 33:25 42:20,21 32:12 37:24 39:9 board 1:10 2:3,9 business 18:10 change 40:21 40:8 42:3,14 2:12 3:3,14,18 4:1 33:4 changed 35:15 48:20 5:2,5,7,17,23 6:4,6 c changes 14:6 aviation 5:20 8:6 6:14,17 7:1,21 26:15 43:20 45:15 c 15:15 30:6,6 8:13 11:2 48:1 8:10,11 12:17,18 49:1 42:13 aware 23:10 25:8 13:9 14:4 15:3,24 changing 27:12 c3 8:20 9:14 25:20 30:22 16:25 17:24 18:4 character 7:7 cafeteria 4:8 19:22 22:20 26:14 check 39:1 b calculate 9:2 32:19,23 33:3 children 31:18 b 5:16 15:14 27:19 calculated 9:16 38:11 40:18,19 churches 47:7 28:3,7,21 30:6 call 18:14,19 41:10 42:15,16,23 circle 43:18 37:21 45:20 called 3:7 9:6 43:5 44:18,19,20 cities 43:6 back 5:15 8:17 camera 38:1 44:25 45:3,9,11 citizens 30:22 32:6 16:18 33:24 46:8 campers 36:23 46:21 47:19 48:18 city 1:17 2:18 5:25 balance 6:11 camping 36:24 49:8 6:1 11:24 15:7 bars 25:17 car 37:2 boards 3:9 5:15 46:9 based 8:5 40:20 card 4:1 16:11,13 14:22 clarification 26:18 41:11 17:17 18:11,22 bother 34:7 clarifies 12:5,9 basis 7:23 9:16 40:10 41:19 48:10 bottom 8:22 clear 17:11 20:20 12:20 cards 4:5 16:9,13 boundaries 25:14 22:8 30:24 bay 46:10 18:13,15 39:24 35:25 41:21 42:11 48:8 www.veritext.com Paradigm, A Veritext Company 888-391-3376 [clearly - cut] Page 4

clearly 25:14 commissioner considerable correct 22:2,25 close 9:24 21:24 6:15 48:5 49:3 25:11 30:17,19 46:1,3,3 48:11,24 commissioners considerably correctly 31:3 closed 49:7 45:11 25:10 cost 29:23 43:2 closer 33:13 common 10:21 consideration 45:24 closes 13:8 46:6 38:24 16:24 38:6 40:16 council 20:13 closing 26:17 communities considered 11:15 22:25 23:16 cloud 42:19 45:10,12 40:12 counsel 50:9,10 code 5:20 community 6:13 considering 7:20 count 45:19 codes 10:7 13:25 6:22 15:8 34:22 consist 12:19 counted 18:12 coincident 10:19 43:2 44:21 counts 45:18 collaboratively compared 7:12 construction 9:7 county 22:17,19 6:10 compatible 6:12 9:12 12:12 25:19 22:19 47:19 50:4 combination compensation 25:22 33:10 50:21 29:11 39:14,21 contact 25:22 couple 19:15 come 2:4 4:4 16:18 complete 16:17 26:19 20:24 18:3,19 40:5 17:4 contacted 25:24 court 4:19 18:9,11 comes 41:6 completely 34:3,5 contain 44:2 19:9,16 coming 18:13 compliance 8:13 contains 7:25 cover 8:1 12:4 38:22 components 7:25 10:13 19:14 31:4 comment 7:23 comprehensive content 13:11 covers 12:3 13:2,5,8 15:16 7:16 contents 42:22 create 11:11 35:22 19:12 23:21 35:7 concern 27:12,15 continue 16:18 44:5 35:11 39:25 40:2 28:9 32:6 21:21 created 43:5 40:2,3,11,11,20,21 concerned 31:14 continues 9:13 creation 43:12,17 41:24 43:1 48:25 47:24,25 27:15 criteria 8:7,15 commentary concerns 4:19 contract 26:3 critical 34:22 16:22 27:19 28:7 46:11 50:11 crops 44:7 comments 13:4,6 concluded 49:10 control 30:12,15 cross 21:19 25:17 13:10 16:5,23 concludes 14:9 31:7 46:22 47:18 crosswind 25:3 17:3,4,12,13,16 16:2 47:19 curious 38:4,4 18:16 19:12 35:4 conditions 31:25 convenience 43:14 47:14 39:8 40:15 41:4 32:4 convenient 28:1 current 19:7 28:5 41:12 48:11,13 conducive 28:21 36:1 curves 34:23 49:1 conduct 14:5 conversation custom 7:1,3,5,17 commission 1:12 36:20 17:11 27:14,20 28:1,6,21 1:13,19 3:6 5:1 conducting 38:13 conversely 14:1 31:6 35:23 36:17 6:2 15:1,6 17:25 configuration 46:4 copy 19:18 20:9 37:5,7,15,18 43:6 44:22 45:6 confused 21:17,20 20:14 21:16 cut 19:3 48:19 50:22 consider 7:4,6,9 cornell 32:10,11 14:2 17:9 32:11

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d departure 25:4 distance 46:23 duly 44:24 d 15:17 depict 45:17 distributed 14:24 duties 12:21 damaged 44:16 depicts 43:18 distribution 7:14 e described 14:25 15:23 24:19 damages 37:13 e 1:24 15:19 30:6 description 26:18 dnr 26:7 date 3:12 36:18 37:21,21,21 designated 44:1 document 3:9,16 dated 15:13 45:16 50:21 desire 48:9 8:25 21:24 23:12 dave 1:16 2:22 earlier 36:14 40:2 detail 12:8 23:15 42:17,21 27:3 42:12,13 44:11 determination 43:3 46:12 day 13:17 34:18 early 13:16 13:19 45:5 documentation 38:8 49:10 50:6 easement 19:8 determine 6:19 26:11 50:13 easier 9:11 13:12,20 documents 3:13 dead 34:4 editorial 23:21 determined 24:17 20:19 35:17 debate 17:13 41:3 effect 45:20 develop 6:10,14 dogs 36:25 37:1 debating 48:14 effective 12:7,25 developed 5:4 doing 9:5 36:15 decade 45:18 eight 38:6 32:7 dot 5:17 6:15,18 decades 35:20 either 13:5,18 development 6:13 13:14,17,19,22 36:1 elect 37:10 8:8,15 14:1,7 19:19,25 december 16:1 elected 3:1 7:1 developments 22:10 27:13 29:9 decide 40:19 41:10 electronically 9:24 28:14 47:4 dot's 14:3 45:4 49:1 14:24 difference 36:12 download 20:15 decided 40:22 elementary 31:19 different 25:16 draft 1:1 2:10 3:7 decision 45:5 elevation 9:3,4,17 36:20 40:20 41:11 3:13,15 5:4,8,10 decisions 40:13 9:18,19 12:13 digging 36:10 7:22,24 8:2 10:9 decrease 45:24 eliminated 24:25 dilapidated 34:12 12:2,4 13:13 14:1 decreasing 45:18 ellipsoid 10:17 diligence 27:24 14:4,7 15:4,12,17 deep 27:12 elmo 1:1,8,17 2:3 directions 30:14 16:8 17:7 18:5,18 define 5:13 2:9,19 3:7,15 4:10 30:16 31:1,13 21:16 40:14 47:10 defined 10:19 5:5,21 6:1 11:24 32:2 48:5 49:2 24:15 39:16 15:2,4,7,8,9,13,17 director 22:15 drawing 10:18 definitions 24:11 15:24 16:8 18:5 dirt 36:11 35:24 deliberate 17:6 28:2 30:7 31:19 disapproves 14:1 drifts 33:22 deliver 17:23 37:16 38:4 42:3 discourage 17:8 drive 31:20 34:2 delivered 48:17 43:4,7 45:7,23,25 discuss 41:2,6 36:25 delivery 15:1,22 46:1,3,3,6 50:6 42:21 driven 42:23 democracy 35:5,9 elmo.zoning 18:2 discussed 40:16,17 driving 30:9 dense 28:20,25 48:21 discussing 30:16 drone 37:14,16 29:4 35:21 47:3 email 13:7 18:2 discussion 17:8 47:25 density 28:14,22 48:21 41:15 ducks 28:16 deny 45:8 employee 50:9,9 discussions 31:2 due 27:23 39:7,14 department 5:18 encourage 39:2 49:4 www.veritext.com Paradigm, A Veritext Company 888-391-3376 [encumbers - fuel] Page 6

encumbers 11:19 examples 8:17 far 18:13 25:20 fitted 45:23 endangers 43:10 exceed 12:12 27:19 47:9 five 3:19,23 12:19 ends 10:18 36:24 exclude 31:21 fashion 26:21 35:20 36:1 37:9 enforce 12:22 24:2 excuse 24:13 fcc 11:5 37:10,12 41:24 24:21 exhibit 15:12,14 feasible 29:17 44:21 46:1 enforceable 26:3 15:15,17,19,20,22 february 13:3 flexible 22:7 enforcement 45:7 15:23 45:16 17:22 40:12 48:16 flight 10:14,22 engage 35:13 exhibits 3:10 federal 5:19 8:6,13 flights 25:2 engagement 6:22 14:12,15 15:10 46:8 fly 21:11 37:14 enjoyed 30:7 16:3 feel 16:17 18:3 flying 38:13 42:19 ensure 6:21 existence 12:6 28:11 31:20,25 focus 18:5 enter 14:12 16:4 existing 11:22 40:4 46:20,21 follow 14:8 27:11 entered 3:11 15:12 12:11 25:9 47:8 42:7 entering 14:15 expand 34:10 feeling 21:18 followed 17:20 entire 41:5 expansion 33:1,6 feet 25:18,18 following 15:5,10 entirety 21:15 33:8,11 30:13,15,22,24,25 23:12,25 24:22 22:4 expect 41:18 45:25 31:7,12,17 32:2,17 44:13 entitled 6:3 expires 50:22 32:20 43:18,19 follows 3:4 entity 2:13 12:24 exposed 24:3 44:2 46:22 foot 8:18 9:21 entry 16:2,10 expressed 8:25 fence 11:21 25:17 10:18 35:16,16 environmental 9:10 34:1,3 forever 39:18 25:3 extended 38:21 fencing 33:25 form 13:5 equation 35:24 extends 32:17 figure 42:18 formal 7:23 14:13 especially 28:13 f file 19:9 15:12 17:16 establish 7:1 9:8 fill 3:25 13:5 17:17 formally 7:21 f 15:20 established 10:17 filled 16:11,13 forth 7:5 11:16 faa 5:19 10:19 12:13 43:5 44:20 39:24 42:11 48:9 32:24 43:24 20:9,11 39:3 establishes 8:3 filling 16:7 forward 18:19 facility 34:10 establishment final 5:11 7:17 35:10 47:13 48:13 fact 26:21 30:16 43:12,17 44:19 13:23 16:24 found 10:4 24:17 32:23 39:18 et 33:22 finally 5:9,20 18:4 four 42:16 factor 7:5,9,12,14 evan 1:20 financially 50:11 fourth 7:14 7:18 evening 2:1 4:20 find 19:2 24:20 frame 13:16 27:21 factors 7:4,20 4:24 14:10 30:17 27:20 33:3 47:21 free 4:17 16:17 11:16 46:17 48:6 48:2 18:3 40:4 fair 22:17 25:6,8 everybody 2:7 first 3:4 5:15 7:5 frequencies 11:2 41:13 45:13 18:16 36:13 37:20 17:20 18:22 27:5 frequency 4:12 fairgrounds 22:18 43:19 47:21 30:7 34:15 40:14 friday 17:22 48:16 24:1,13 25:2,5,10 examination 21:19 41:14 45:20 front 18:20 33:2 25:12 47:15 example 8:19 fits 36:5 fuel 26:9 fall 47:6 10:24 34:9

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full 17:10 33:19 26:6 27:4,14 hail 44:16 heights 1:14 2:17 function 22:13 28:14,25 29:2 half 29:6 31:1 6:1 8:5,18 9:9,15 funding 31:9,10 33:13,14,20 34:10 32:18 9:21 10:6 15:8 funds 29:18 34:11,14,17,18 halls 15:7 23:3 25:16 43:7 further 5:12 43:21 35:6,14,20 36:11 hammering 36:10 helicopter 25:5 48:11 36:12,17,19 37:5,5 hand 4:1,4 16:12 47:16 future 11:22 16:24 37:7,10,13 38:5,21 21:14 25:4 50:13 helicopters 23:19 26:6 48:1 40:10 46:10 47:25 hands 20:23 hello 39:7 g good 2:1,6 4:24 hangar 34:3 help 10:2 37:6 26:9 30:9 31:11 happen 34:14 hero 37:21 g 15:22 38:20,25 46:17 happened 47:2 hi 37:20 garage 36:22 gov 15:1,22 happening 24:7 high 6:9 11:1 garages 37:2 governing 14:22 happens 19:12 28:13 34:20 gate 25:17 government 46:8 happy 4:18 26:17 higher 39:3 gates 34:8 graduation 36:22 hauling 36:11 highest 9:17 gatherings 24:25 grandfathered hazard 33:20 43:9 hillside 19:9 gazette 14:19 39:15,17,18 43:12 holding 17:9 15:19 grant 45:8 hazards 43:17 home 33:8,9,10 geese 28:15 granted 8:10 44:4 34:19 general 3:23 10:13 graphic 8:22 health 43:14 homes 11:4 31:17 31:5 43:15,24 grid 8:16,19,25 hear 2:5 12:18 honest 21:14 generally 10:21 9:6,10,12,14 18:25 19:2 26:17 hope 31:23 generically 40:25 grids 8:23,24 35:15 45:4,8 hopefully 41:18 gentleman 47:15 ground 9:1,2,3,10 heard 38:5,18 horizontal 10:19 geographic 8:23 9:17,19 27:16 39:15 horse 37:9,11,12 getting 9:24 21:23 28:15 30:1 31:25 hearing 1:1 2:10 horses 33:4 give 18:11 32:5,17 33:17 3:4,10 4:9 6:23 horticulture 44:8 given 42:24 46:23 7:24 13:10,12 house 4:8 28:23 gives 39:12 grounds 36:21 14:5,6,13,15,18 29:5 38:8,13 giving 9:23 group 21:9 15:11,16 17:3,4,21 houses 35:21 go 16:7,14 17:20 guess 9:5 21:17 18:7 19:21 20:1,7 housing 28:14,20 18:22 19:22,24 31:9 37:14,16,17 20:9,14 21:14,18 28:22,25 29:4,4 24:20 27:5 32:18 40:22 47:22 48:5 31:3 32:19 35:3,3 31:18 35:21 47:3 33:15,21 34:4,8,20 guests 17:20 35:12 48:12,15 47:4 37:16 42:10 46:25 guided 11:20,23 49:7 hunting 26:4 47:1 guideline 3:24 heavier 32:1 husbandry 44:8 goal 6:13,21,24 gut 39:1 height 7:25 8:2,4,9 goals 5:6 i 8:25 9:2,7,8,13,20 goes 25:4 38:6 h idea 26:9 10:4 12:12 25:7 41:4 45:20 h 15:23 30:6 42:13 identifier 5:22 29:24 43:23 going 2:4 3:5 5:12 habitat 44:9 identify 22:12 16:6 22:7 23:18 www.veritext.com Paradigm, A Veritext Company 888-391-3376 [identifying - lights] Page 8

identifying 9:16 interfere 11:2 judgment 38:25 45:23,25 46:1,3,3 ignored 36:15 interference 29:24 june 15:25 46:6 48:21 50:6 illustrates 8:20 interfering 10:14 juran 22:14,14 lakeland 1:15,16 imagine 39:3 10:22 jurisdiction 6:3 2:20,22 6:1 19:6 impact 40:13 43:1 interpret 9:11 k 27:9 29:6 32:12 impartiality 50:12 interval 9:21 32:15 33:20 40:8 k 30:6 36:18 implemented intervals 8:18 42:14,15 43:7 kaschmitter 35:1 45:16 46:2 introduce 2:12 land 1:6 4:14 7:7 35:2 36:8,9 important 6:23 investigated 48:4 7:15 8:1 10:8,11 keep 34:9 12:3 involvement 29:12 10:14 11:10 12:6 keeper 22:5 improvements issuance 12:8 27:17 28:5 29:19 kelley 1:24 50:21 4:10 18:8 issue 27:14 29:22 30:15 31:4,12,21 ken 1:17 2:18 inappropriate issued 12:17 32:7 37:8 39:11 key 45:9 19:3 issues 19:13 23:25 39:19,21 43:11,16 kill 34:17 include 17:12 32:2 29:21 43:21 44:3 kind 24:13 29:16 32:6 44:6 item 8:2 language 10:20 36:16 included 11:23 items 28:8 44:14 lasers 10:25 king 1:12 2:14,14 30:3 lastly 37:14 j know 2:6 19:10 includes 8:16 late 13:15 36:2 j 5:16 20:10 24:11,16 11:21 laura 34:25 35:2 january 1:4 14:20 26:17 30:18 31:7 including 7:13,15 law 48:22 14:21 15:14 50:6 32:5 37:23 41:3 11:17 31:12 32:20 leave 13:5 50:13 41:14 45:19 46:5 inclusion 26:15 left 25:4 jazb 5:16 6:21 47:20,25 incorporated legacy 27:13,20 10:9,10,10,12,16 known 31:6 13:24 legal 24:21 11:7,15,23 13:11 knows 31:5 incorporation legion 30:6 42:3 14:22,23 17:2,5,8 kremer 1:14 2:16 6:17 legislature 27:22 17:15,20 19:22 2:16 21:17 index 8:22 27:25 21:25 25:23,25 kristin 4:1 individual 28:23 length 41:2 26:12,14,15 27:5 information 4:8 l letters 30:21 28:10,19 30:18 7:18 13:18 23:6 l 42:13 letting 17:19 40:18,19 41:2,10 informed 29:11 lack 27:15 29:11 level 4:12 6:9,12 42:5,11,16,16 input 26:14 34:9 6:20,22 9:1,1,2,10 48:25 inspection 15:5 lake 1:1,8,17 2:3,9 13:21 32:17 jazb's 6:9 13:22 installation 11:3 2:18 3:7,15 4:10 liberty 3:21 14:2 intended 9:21 5:5,21,25 11:24 library 15:9 jim 1:14 2:16 interest 50:12 15:2,4,7,8,9,13,17 light 24:14 44:9 join 4:25 interested 50:11 15:24 16:8 18:2,5 lighting 10:24 joint 2:3,9 5:2,5,7 interesting 24:16 26:5 28:2 30:6 25:11 5:17,23 6:25 7:20 38:17 42:4 45:19 31:19 37:16 38:4 lights 10:24 25:7 13:8 15:2,24 42:3 43:4,6 45:7 16:25 43:4,5 49:8 www.veritext.com Paradigm, A Veritext Company 888-391-3376 [likes - moments] Page 9

likes 47:16 lots 25:7 materials 17:23 membership limit 3:18 8:3 loud 38:8 48:17 23:22 18:15 38:12 39:8 low 28:22 mathematical mentioned 11:8 limitations 8:1,1,2 lowest 9:18 35:24 24:9 30:9 8:9 10:5 28:7 m matter 32:23 met 8:15 20:13 limited 27:19 44:7 maximizes 11:18 22:25 23:16 42:16 mac 2:14,15 3:5 line 23:12,16,17 maximum 9:6,12 methods 26:11 4:15,18 15:3 19:9 23:20,24 24:1,3,9 10:5 12:12 23:2,3 metropolitan 1:12 23:22 24:6,23 24:15,15,18,20,22 23:7 1:13,19 3:6 5:1 25:8,24,25 26:16 34:23 35:24 mean 9:1 35:5 6:2 14:25 15:6 29:18 30:17 31:3 lines 24:3,4 44:3 37:9 38:23 44:16 17:24 43:6 44:22 31:16 32:5,20,22 listed 20:19 23:4 44:17 45:17 45:6 48:19 32:25 33:6,6,9,23 46:13 47:23 meaningful 40:18 mick 36:7,9 35:6 36:18 37:13 listen 4:19 16:21 41:10 microphone 2:5 37:15 39:10,12 35:13 means 35:12 18:20 19:1 42:23 45:9,11 literally 33:14 meant 22:8 middle 1:6 46:4 little 16:5 21:20 mechanics 19:11 mike 37:19,20 mac's 6:7 36:16 39:8 meet 12:19 13:11 mile 25:2 30:25,25 mail 13:6 17:23 live 27:9 30:6 48:25 millions 46:6 48:17 31:15,17 32:12 meeting 2:3,10 3:3 minimum 29:7 mailed 14:22 39:9 40:8 42:3 3:5 4:7 6:25 13:15 minneapolis 18:1 mailing 15:20 lived 32:13 14:14 15:24 16:25 48:20 main 15:6 lives 36:5 43:10 17:10 19:22 28:19 minnesota 1:8 maintained 34:2,6 livestock 24:12 29:16 33:6 41:2,7 5:18 18:1 26:7 maintenance 44:8,11 41:15 42:17 48:14 30:7 42:3 43:9 34:10 local 6:18 49:8 48:20 49:3 50:3,6 major 11:25 locally 12:22 meetings 26:14 50:21 majority 10:3,23 located 4:5 9:18 32:24,25 38:16 minute 22:5 makeup 45:10 16:10 17:25 48:19 41:17 42:5,7,8,22 minutes 3:20,23 making 9:11 16:20 location 7:6 8:20 meets 6:20 13:21 23:13 26:14 28:10 manner 31:6 9:16 19:8 25:9 member 6:6,7 28:19 41:25 manning 1:7 24:4 28:12 14:22 17:15,18 mn 5:17 6:15,18 28:20 31:20 34:1 locations 15:6 19:7 22:20 46:20 13:14,17,19,22 34:21 long 25:21 members 2:12,25 14:1,3,7 19:19,25 map 8:24 9:13 longer 19:7 27:18 4:15 5:24 6:4,5,8 22:10 27:13 29:9 43:18 45:16 36:5 12:19 17:2,5,8,21 modifications maps 8:16,25 9:6 look 33:23 35:12 20:20,21,22 21:1,9 12:10 9:7,10,12 45:17 46:25 47:8 48:13 21:25 26:15 27:5 molly 40:1,7,7 march 13:16 lose 39:19 41:3 42:11,20,24 41:9,16 marian 27:7,8,8 lot 30:10 38:16 44:21,24 45:1 moments 8:12 mary 1:15 2:20 46:18 47:11 15:15 46:16,17 www.veritext.com Paradigm, A Veritext Company 888-391-3376 [move - parcel] Page 10

move 5:7 10:8 24:9 o 4:13 5:4,8,10 6:10 24:4 34:11,22 never 32:22 42:6,8 oak 1:6,14 2:16 6:14,16,17,19 7:2 47:13 42:20,24 6:1 15:7 43:7 7:22,25 8:3,12,16 moved 25:8 new 12:11 26:12 objections 14:3 8:24 10:9 11:3 moving 12:2 33:12,13 37:21 observe 34:1 12:2,5,7,16,23 mspmac.org. 18:2 38:4,20 occupant 11:20 13:13,21,22 14:2,4 48:21 news 15:1 occupants 43:11 14:7 15:4,13,17 multiple 42:19 newspaper 14:19 occur 13:15 30:20 16:9 17:7 18:6,18 municipal 7:16 14:21 occurs 6:22 14:6 26:12 30:23 40:14 9:23 10:6 nice 19:4 october 15:25 41:11 45:8,15 municipalities night 36:24 office 5:18 15:7 46:2 48:24 49:2,2 5:24 6:18 13:24 nine 18:12,13 22:15 ordinances 33:3 14:23 29:12 noise 4:10,12 18:7 officers 13:10,12 43:1 municipality 10:2 38:10 19:21 20:7 original 46:4 12:25 non 11:12,20 official 3:9 5:21 originally 3:19 n nonconforming 12:24 outdoor 11:12 12:5,10 44:13,14 24:14 44:9 name 2:8 18:9,19 officials 3:1 42:25 norcrest 42:14 outlined 17:1 19:5 22:14 30:5 oh 23:11 27:6 34:6 normal 25:4 outlines 12:21 32:11 42:2 37:23,24 north 1:7 27:10 outside 11:21 narrative 12:3 okay 19:24 21:8 32:12 34:5 37:24 25:13 45:17 21:12 32:12 39:10 42:14 overarching 6:13 neal 27:9 32:12 olson 40:1,7,7 41:9 northwest 8:21 overgrown 34:5 34:5 37:24 39:9 41:16 9:14 overgrowth 34:4 40:8 omnibus 27:23 notary 50:21 overtaken 34:4 nearest 9:21 once 13:17 17:3 note 18:6 overview 3:7 5:3 necessarily 16:16 35:8 41:23 notice 13:6,7 owned 11:18 necessary 43:16 ones 24:8 34:16 14:18 15:2,4,15,18 owner 39:17 need 14:5 19:10 open 4:8 11:20 15:20,21,23 21:13 owners 14:23 24:5 31:24,25 13:2 17:22 40:12 21:15 23:1 30:19 30:20 46:23 47:1,1,8 48:16 notices 14:21 48:3 operations 7:10,10 p notification 26:7 needed 9:9 12:20 opportunity 9:23 p 36:18 notified 30:23 13:14 16:21 18:16 26:20 p.m. 1:4 49:11 43:20 needs 45:23 47:12 42:24 48:10 pacific 22:23 nuisance 43:13 neighbor 33:12 opposed 17:13 25:23,24 26:3 number 4:12 neighborhoods 35:4,7 38:3 39:2 page 15:3 23:25 48:22 7:7 opposition 35:5,9 paid 24:4 38:16 numbers 23:24 neighbors 32:19 order 2:4 12:15 pancake 24:24 numerous 46:13 33:11 18:14 43:14 45:4 panels 11:4 neil 1:21 3:5 4:25 ordinance 1:2 parcel 9:8,15,17 16:25 20:8 23:1 2:11 3:8,15 4:11 12:13 www.veritext.com Paradigm, A Veritext Company 888-391-3376 [parentheses - property] Page 11

parentheses 23:24 permission 33:19 pleasure 44:25 primary 6:4,6 park 1:14 2:16 6:1 permit 9:7,9,13 plus 21:2 32:13 7:25 15:7 43:7 12:12 23:7 26:6 37:3 prior 3:2 4:7 48:23 parking 11:13 44:12 podium 17:18 prioritize 17:19 44:10 permits 12:9,9 18:20 private 39:13 part 3:4,18 6:23 44:12 point 3:22 4:3 7:3 probably 24:21 15:10 17:23 19:21 permitted 7:2 44:6 15:11 20:20 29:14 30:11 47:22 20:6 23:2,15 28:9 persons 14:25 29:18 39:1 45:9 problem 29:3 48:18 24:10 44:6 50:12 46:25 proceed 4:21 participating 6:3 photography pointed 10:25 14:14 participation 49:7 32:14 23:20 26:1 proceedings 4:20 particular 25:7 pilot 19:6 21:10 poles 25:11 49:10 50:6,8 parties 36:22,23 29:2,2 37:17 ponds 28:15 process 5:9 8:14 50:9,11 pilots 5:22 10:25 populations 28:12 10:3 12:14 13:2 party 20:11 21:9 32:4 34:14 portion 14:14 14:8 15:11 19:11 pass 38:23,24,24 36:3,20 45:25 possibility 24:2 23:17 26:13 32:19 39:4 pioneer 14:20 possible 26:25 33:16 45:14 path 7:4 15:19 post 33:24 prohibit 11:3 patience 19:14 place 12:8 23:4 posted 15:2 19:23 36:17 37:6 paul 14:20 27:13 29:8,10 posting 15:21 prohibited 10:21 paved 23:18 31:9 36:11,14 potential 43:20 11:10 paying 24:8 47:11 48:23 pounding 36:10 prohibiting 33:5 penalty 24:16 places 14:19 power 45:3 prohibitions 10:22 penetrate 8:8 plan 35:8 powered 11:1 prohibits 10:11 penetrating 9:25 plane 29:3 32:1 predates 25:15 11:10 people 10:12,23 38:8 45:23 predicament 46:9 project 19:23 35:9 11:11 18:14 20:19 planes 32:1 prefer 18:25 36:4 38:3 46:7 21:5 23:21,22,23 planned 7:14 prepare 13:10 projecting 2:6 27:16 28:5 30:10 planner 3:6 5:1 prepared 3:16 promotion 43:15 31:16,17 34:9 planners 42:25 present 14:5 42:24 prompt 16:5 37:23 46:24 47:4 planning 22:15 presentation 3:8 pronounce 21:25 percent 24:16,17 23:16 32:19 33:16 4:22 5:14 14:12 pronounced 5:16 35:4,4,7,8 39:20 plans 7:17,17 26:2 15:14 18:17 proper 27:25 performing 22:13 33:8 presenting 5:6 properties 46:24 perimeter 11:21 platting 7:16 president 33:9,25 property 11:19,19 period 13:2,8,17 please 2:5,12 3:25 press 14:21 15:19 11:21,23 12:15 15:16 19:13 35:7 14:14 16:11 17:16 presume 18:25 14:23 25:15,20 35:11 40:12 41:5 18:2,9,11,15,19 pretty 2:6 41:17 26:5 30:20 31:4 48:25 21:14 32:6 35:16 prevent 43:16 32:14,16 35:25 perks 36:17,19 41:20 previous 9:11 39:8 37:9,9,11,12,15 46:7 39:11,13,18 43:10

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Item D – Public Presentation Slides

Lake Elmo Airport Joint Airport Zoning Board (JAZB)

23 January 2020 Public Hearing – Draft Airport Zoning Ordinance Overview Briefing Agenda

• Purpose & Goals • Overview of the Draft Airport Zoning Ordinance • Next Steps

Terminology Key: • JAZB = Joint Airport Zoning Board • MnDOT = Minnesota Department of Transportation, Office of Aeronautics • FAA = Federal Aviation Administration • 21D = Airport Code for Lake Elmo Airport

2 Briefing Agenda

• Purpose & Goals • Overview of the Draft Airport Zoning Ordinance • Next Steps

3 JAZB Purpose & Goals

4 JAZB Purpose & Goals Through a collaborative process, the JAZB seeks to develop an airport zoning ordinance that achieves a balance between providing for a reasonable level of safety while allowing for compatible community development. JAZB Goals • Develop an Airport Zoning Ordinance for review and approval by the MnDOT Commissioner of Transportation • Subsequent adoption of the Airport Zoning Ordinance by the JAZB and then local municipalities • Ensure that the Airport Zoning Ordinance is developed in a manner that includes meaningful stakeholder engagement

5 Briefing Agenda

• Purpose & Goals • Overview of the Draft Airport Zoning Ordinance • Next Steps

6 Custom Standard Custom Standard Factors Starting Point

? ? ? 1. Location of the airport, the surrounding land uses, ? ? ? ? and the character of neighborhoods in the vicinity of ?

the airport ? 2. Airport's type of operations and how the operations affect safety surrounding the airport 3. Accident rate at the airport compared to a statistically significant sample, including an analysis of accident ? distribution based on the rate with a higher accident ? ? ? ? incidence ? 4. Planned land uses within an airport hazard area, ? ? ? including any applicable platting, zoning, ? comprehensive plan, or transportation plan 5. Any other information relevant to safety or the airport

7 xx Draft Airport Zoning Ordinance Two primary components

Height Limitations (Section IV)

Land Use Limitations (Section V)

8 Airspace Zone (Height)

Height limitations imposed by Zoning Ordinance Based on FAA Airspace criteria • Limits the height of structures and vegetation (trees) under airspace surfaces • Penetrations to the Airspace Zones will require a variance issued by a Board of Adjustment • Requires compliance with FAA Obstruction Evaluation process

9 Airspace Zone (Height)

Height limitations imposed by Zoning Ordinance Based on FAA Airspace criteria • Grid maps in the Draft Ordinance show airspace surface heights in 10-foot intervals • Heights are expressed as mean sea level, not above ground level • More specificity provided on Maximum Construction Height Without Permit maps

10 Airspace Zone (Height)

Maximum Construction Height Without Permit Establishes a height per parcel up to which an Airport Zoning Permit is not needed for new construction • Used updated 1-foot airspace contours and more precise ground elevation contours • Provides a buffer to Airspace Zones • Heights are expressed above ground level • Exceeding the Maximum Construction Height Without Permit will require an Airport Zoning Permit from the City Zoning Administrator

11 Safety Zones (Land Use)

JAZB Safety Zone Overview

JAZB Safety Zone 1 • More restrictive safety zone • Prohibits the development of buildings • Prohibits land uses that attract assemblies of people

JAZB Safety Zone 2 • Less restrictive zone • General land use restrictions against flight interference

12 Safety Zones (Land Use) JAZB Safety Zone 2 Black ellipsoid line • General prohibitions against land uses that: • Create or cause interference with the operations of radio or electronic facilities • Create or causes interference with radio or electronic communications between the airport and aircraft • Make it difficult for pilots to distinguish between Airport lights and other lights • Result in glare in the eyes of pilots using the airport • Impair visibility in the vicinity of the airport • Is deemed a hazard to air navigation by FAA or MnDOT • Otherwise endanger the landing, taking off, or maneuvering of aircraft in the runway approach areas. • These apply to Safety Zone 1 as well

13 Safety Zones (Land Use) JAZB Safety Zone 1 Blue shading • More restrictive safety zone • Comprised of airport-owned property and off-airport property not guided for occupant use • Prohibits the following: • Buildings • Exposed transmission lines and similar land use structural hazards • Uses that create, attract, or bring together an assembly of persons • Allows: • Agricultural activities • Light outdoor recreation (non-spectator) • Vehicle parking • Approved aeronautical activities

14 Draft Airport Zoning Ordinance

15 Draft Airport Zoning Ordinance • Zoning Maps (Section VI) • Exhibits and Plates collectively make up the Airport Zoning Map • Nonconforming Uses (Section VII) • Allows both nonconforming structures and nonconforming uses that are in existence at the time the ordinance becomes effective • Airport Zoning Permits (Section VIII) • Permits granted by municipal Zoning Administrator • Applicable within Airspace and Safety Zones • Only required for modifications to nonconforming structures, and for existing and new structures that exceed the Maximum Construction Height Without Permit elevation.

16 Draft Airport Zoning Ordinance • Variances (Section IX) • Variances granted by a Board of Adjustment, appointed by MAC • Required for use of property in violation of any provision of the Ordinance • Zoning Administrator (Section XI) • Designated as the official responsible for municipal zoning in each jurisdiction • Duty to administer and enforce the provisions of the Ordinance • Other Sections • Hazard Marking and Lighting (Section X) • Board of Adjustment (Section XII) • Appeals and Judicial Review (Sections XIII and XIV) • Penalties and Other Remedies (Section XV) • Relation to Other Laws, Regulations, and Rules (Section XVI) • Severability (Section XVII)

17 Briefing Agenda

• Purpose & Goals • Overview of the Draft Airport Zoning Ordinance • Next Steps

18 Next Steps / Timeline

Next Steps • Public comment period ends on February 7, 2020 • JAZB reviews comments submitted during public comment period • JAZB schedules next meeting to: . Review public comments and proposed responses . Consider submittal of Draft Airport Zoning Ordinance to MnDOT for review • Submit Draft Airport Zoning Ordinance to MnDOT Comments can be sent to: Secretary to Lake Elmo Joint Airport Zoning Board c/o Metropolitan Airports Commission 6040 28th Avenue South Minneapolis, MN 55450 -- or -- emailed to: [email protected]

19 Lake Elmo Airport Joint Airport Zoning Board (JAZB)

Thank you for attending tonight!

20 PAGE INTENTIONALLY LEFT BLANK

Item E – List of Exhibits Entered into the Public Hearing Record

List of exhibits entered into the record during the Public Hearing:

 Exhibit A – Draft Lake Elmo Airport Zoning Ordinance dated January 6, 2020  Exhibit B – Public Presentation by Neil Ralston, Airport Planner, Metropolitan Airports Commission  Exhibit C – Notice of Public Comment Period and Public Hearing for Draft Lake Elmo Airport Zoning Ordinance  Exhibit D – Affidavits of Publication of the Public Notice in the Stillwater Gazette and Pioneer Press  Exhibit E – Affidavit of Mailing of the Public Notice  Exhibit F – Affidavit of web posting of the Public Notice  Exhibit G – Affidavit of GovDelivery distribution of the Public Notice  Exhibit H – Lake Elmo Joint Airport Zoning Board meeting records for June 25, August 29, October 17, and December 5, 2019.

These exhibits are available upon request to the JAZB Secretary. Contact information for the Secretary is available on the JAZB web page at: https://metroairports.org/general-aviation/airports/lake-elmo/joint-airport-zoning-board-lake-elmo

Item F – Written Public Comments and Responses

Public Comments and Responses

LAKE ELMO AIRPORT DRAFT AIRPORT ZONING ORDINANCE PUBLIC COMMENTS AND RESPONSES

RESPONSES TO PUBLIC COMMENTS This section contains responses to public comments received about the Draft Lake Elmo Airport Zoning Ordinance that was presented at the public hearing held on January 23, 2020. The purpose of the Public Hearing was to take testimony from the public on the Draft Lake Elmo Airport Zoning Ordinance, which will contain height and land use regulations in the vicinity of the Lake Elmo Airport.

Both the Lake Elmo Airport 2035 Long-Term Comprehensive Plan (LTCP) and Environmental Assessment/Environmental Assessment Worksheet (EA/EAW) evaluated proposed airfield improvements for the Lake Elmo Airport. Both of those processes included public comment opportunities and are complete. MAC is proceeding with these approved facility improvements.

Comments related to the purpose, need, or timing of the improvements were addressed within the LTCP and EA/EAW documents and are not relevant to the Draft Airport Zoning Ordinance. These documents are available at the links below:

 Lake Elmo Airport 2035 Long-Term Comprehensive Plan (LTCP): https://metroairports.org/sites/default/files/files/Lake_Elmo_Airport_2035_LTCP_ FINAL_Narrative_Report_MAC_ADOPTED_VOL1.pdf

 Final Federal Environmental Assessment (EA) / State of Minnesota Environmental Assessment Worksheet (EAW) for Runway 14/32 Relocation/Extension and Associated Improvements: https://metroairports.org/sites/default/files/files/21D_Final_Signed_EA_EAW.pdf

General Responses

The Joint Airport Zoning Board (JAZB) received several comments through the public comment process that are similar in nature. Responses have been prepared based on these themed comments and are provided below as general responses. When applicable, a response to a specific comment will reference one of the themed responses below and/or an additional specific response will be provided in the Specific Responses section.

Responses are provided to comments that are relevant to the Draft Airport Zoning Ordinance. Those that are not relevant are noted in the specific response with reference to the MAC process and documentation that addresses the comments.

Public Comments and Responses

General Response 1: JAZB Formation and Composition The purpose of the JAZB is to collaboratively develop an airport zoning ordinance that achieves a balance between providing for a reasonable level of safety while allowing for compatible community development. The airport zoning ordinance must be approved by both the Minnesota Department of Transportation Office of Aeronautics (MnDOT) and the JAZB; it is not separately subject to MAC approval.

To fulfill this purpose, the JAZB decided to establish and adopt a custom airport zoning ordinance and provided the required notice to MnDOT. The JAZB evaluated the following five custom standard zoning factors consistent with Minnesota Statute 360.0656: (1) the location of the airport, the surrounding land uses, and the character of neighborhoods in the vicinity of the airport, which included a geospatial data evaluation of ten specific land use factors necessary to consider when determining a reasonable level of safety; (2) the airport’s type of operations and how the operations affect safety surrounding the airport; (3) the accident rate at the airport compared to a statistically significant sample, including an analysis of accident distribution based on the rate with a higher accident incidence; (4) the planned land uses within an airport hazard area, including any applicable platting, zoning, comprehensive plan, or transportation plan; and (5) any other information relevant to safety or the airport.

Once approved by both MnDOT and the JAZB, the Airport Zoning Ordinance will be transmitted to the affected municipalities to be incorporated and administered with their respective zoning codes. The JAZB will be re-convened in the event that the Airport Zoning Ordinance needs to be updated.

Composition of the JAZB (“Board”) is governed by state statute. Per statute, it is made up of members from the municipalities and townships that will be affected by Airport Zoning – Baytown Township, the City of Lake Elmo, the City of Oak Park Heights, and West Lakeland Township, along with the Metropolitan Airports Commission (MAC). Each participating jurisdiction is entitled to choose and appoint two primary voting members on the Board, along with two alternate members who can vote in the absence of a primary member. The Board Chair is selected by the participating municipalities and townships and is also a voting member. MAC support staff are not voting members. MAC is responsible for requesting the creation of a JAZB, but MAC only has two voting members out of the eleven voting members on the JAZB.

JAZB meetings are open to the public and key stakeholders interested in the process routinely attend and provide input. Washington County was invited to participate as a formal member of the JAZB, but elected not to as administration of land use zoning has been transferred to the Townships. Washington County staff are kept informed of the zoning process and have attended several JAZB meetings.

General Response 2: Timing of Airport Zoning Airport zoning is allowed by state law. MAC adopted an airspace zoning ordinance for Lake Elmo Airport in 1952. Washington County followed up with implementation of an Airport Overlay District that included both airspace and land use zoning. This Airport Overlay District is now administered by the Townships.

Public Comments and Responses

MAC and Washington County staff have monitored and commented on development around the Airport to ensure consistency with the Airport Overlay District.

Now that the plan for airfield infrastructure improvements has been finalized and approved, MAC has convened a Joint Airport Zoning Board (JAZB) under Minnesota Statutes Chapter 360 to update the zoning.

As of August 1, 2019, an amended statute governing airport zoning went into effect in Minnesota. MnDOT Aeronautics carried a bill through the Minnesota Legislature that was passed by the Legislature in early 2019, capping the six-year process to update the state airport zoning law. Changes include better integration of airport zoning with local land use planning, flexibility to enact airport zoning, and alignment with municipal and county process requirements. MnDOT Aeronautics hosted a Zoning Advisory Committee to identify and address airport zoning related issues and conducted a series of ten community outreach meetings in 2015 to discuss proposed changes. Links to materials on the MnDOT Aeronautics web page about these processes are below: www.dot.state.mn.us/aero/planning/zoning-advisory-committee.html www.dot.state.mn.us/aero/planning/outreachmeetinginvitation.html

The amended statute allows a JAZB to propose airport zoning regulations based on MnDOT’s legacy zoning standards and model safety zones or to propose airport zoning regulations based on custom airport zoning standards and factors. The JAZB voted to establish and adopt a custom airport zoning regulation at its meeting on August 29, 2019. As a result, the JAZB is not required to consider or incorporate the legacy MnDOT Model Safety Zone or incorporate its traditional Safety Zone “A”, “B”, or “C” criteria. The legacy MnDOT model safety zones have never been adopted nor in effect for Lake Elmo Airport.

General Response 3: Public Hearing and Public Comment Review Process The Public Hearing for the Draft Airport Zoning Ordinance was held in full compliance with the requirements of state statute. JAZB members were provided with an electronic copy of the Draft Airport Zoning Ordinance document on Tuesday, December 3, 2019. This was followed up with a hard copy and an overview presentation and discussion at the December 5, 2019 JAZB meeting, where the Board approved the Draft Airport Zoning Ordinance for public review and comment. The Draft Airport Zoning Ordinance was posted to the JAZB web page on Monday, January 6 for public review and download, and two hard copies were mailed to West Lakeland Township. Board members were free to share the Draft Airport Zoning Ordinance for review and comment with their communities.

The purpose of the Public Hearing was to take testimony from the public on the Draft Lake Elmo Airport Zoning Ordinance. With seven JAZB members in attendance, a quorum was present. The JAZB did not take formal action or make recommendations at the Hearing. After the public comment period, the JAZB will review all testimony and comments submitted and will meet to review a Public Hearing Report. The JAZB will determine if the Draft Airport Zoning Ordinance is ready to submit to MnDOT for review, or if revisions are needed before submittal.

Public Comments and Responses

Each JAZB meeting includes a public comment session so that members can hear input and feedback from citizens before formal actions are taken. In many instances, relevant public questions received an immediate reply during the meeting. In other cases, replies have been provided in subsequent meetings. Some comments, concerns and questions raised by the public were outside the purview of the JAZB and zoning ordinance deliberations. In those cases, the MAC support staff provided written responses at subsequent meetings. If a member of the public has an unanswered question related to the Draft Airport Zoning Ordinance, they should discuss it with their appointed JAZB representative to ensure that the topic receives due consideration during the Board’s deliberations.

Once approved by both MnDOT and the JAZB, the Airport Zoning Ordinance will be transmitted to the affected municipalities to be incorporated and administered with their respective zoning codes.

General Response 4: Public Hearing Notification All owners of property within proposed Safety Zones 1 and 2, as identified within publicly- available Washington County land records, were provided notice about the Draft Airport Zoning Ordnance and the Public Hearing via direct mail. Notices were also published in the Stillwater Gazette and Pioneer Press newspapers.

Notices were not sent to property owners under the proposed Airspace Zones beyond proposed Safety Zone 2 as allowable heights per the Draft Airport Zoning Ordinance far exceed the maximum building heights allowed by municipal zoning codes in these areas. Airspace is regulated by the Federal Aviation Administration (FAA).

Proposed height limitations are based on FAA airspace protection criteria, which are applicable to airports nationwide.

General Response 5: Proposed Safety Zone 1 The JAZB considered all factors required by state law when developing the Draft Airport Zoning Ordinance. Based on the Custom Zoning factors considered, the JAZB arrived at the conclusion that Proposed Safety Zone 1 provides a reasonable level of safety without the need to encumber additional privately owned, off airport property with land use controls beyond those provided in existing or guided zoning. Proposed Safety Zone 1 fully incorporates the Federal Aviation Administration (FAA) Runway Protection Zone (RZP) and MnDOT Aeronautics Clear Zones.

The Draft Airport Zoning Ordinance does not prevent a participating municipality from pursuing more restrictive land use controls than those adopted by the JAZB should it choose to do so.

General Response 6: Proposed Safety Zone 2 Proposed Safety Zone 2 only contains general land use restrictions against interfering with flight activity at Lake Elmo Airport. The uses prohibited in proposed Safety Zone 2 are not common in residential neighborhoods, and thus are not expected nor likely to impact residential property values nor impact future construction that is consistent with the current local zoning codes. For example, bright up-lighting like searchlights or lasers 4

Public Comments and Responses pointed into the sky that could blind pilots, or unauthorized high-powered radio transmitters that could interfere with aviation frequencies would be unallowable uses.

General Response 7: Relationship Between Airspace and Land Use Zoning The Draft Airport Zoning Ordinance contains two primary components – height limitations (Airspace Zoning) and land use limitations (Land Use Zoning).

Proposed height limitations are based on Federal Aviation Administration (FAA) airspace protection criteria, which are applicable to airports nationwide. For Lake Elmo Airport, the location of the airspace to be protected from tall objects per FAA’s criteria extends to approximately 1.5 miles, or approximately 8,000 feet, from the outer boundaries of the airport. More specifically, the extent of the proposed Airspace Zone is coincident with the outer boundary of the Conical Surface described in Section IV of the Draft Airport Zoning Ordinance.

According to federal regulations, no individual may claim ownership of airspace over his or her property, including the MAC. Airspace is regulated by the FAA. Proposed height limitations are based on FAA airspace protection criteria, which are applicable to airports nationwide.

Neither FAA nor the Minnesota Department of Transportation (MnDOT) stipulate that land use limitations be put in place to correlate with the extents of the airspace to be protected from tall objects per FAA criteria.

After considering all factors required by state law, the JAZB did not find sufficient justification to indicate that properties located under the proposed Airspace Zone, but beyond the extent of proposed Safety Zone 1, require land use limitations in the form of building or density restrictions to provide a reasonable level of safety.

Public Comments and Responses

Specific Responses

Commenter ID Subject Response Written Comments Received During the Public Comment Period (January 9 – February 7, 2020)

Dave Egesdal, 1 How about a proposed 5,000 ft Comment acknowledged. The Aviation Safety, NE/SW runway while there are forecast planning parameters used for Principal still open fields off to the East the LTCP process are consistent with Operations and before this land gets filled in Metropolitan Council policy. The Inspector, FAA with houses? Let’s plan for the LCTP determined that the proposed next 50-75 years, not just the improvements are sufficient to meet Email received next 10-20. the needs of the Lake Elmo Airport January 13, 2020 within those planning parameters. Erin Carroll, 2 I am writing to provide comments The commenter is correct that the 12530 24th St. N., for the Lake Elmo Airport subject property (depicted on Grid Map West Lakeland, expansion proposed Zoning D4) would be subject to proposed MN Ordinance. I have read through Safety Zone 2 zoning requirements, the draft document and the JAZB which would not prohibit residential land Written comment meeting notes from last year. It is uses. submitted my understanding that Safety 1/21/20 Zone 1 will limit land us to activities such as agriculture, animal husbandry, wildlife habitat, parking, etc. such that the height limits established in the Zoning Ordinance are not exceeded and the assembly of persons is limited. It is also my understanding that Safety Zone 2 will allow structures to be built as long as they remain under the height limits aforementioned.

I currently live in West Lakeland, After reviewing the Custom Airport off 24th Street. My backyard looks Zoning Factors required per state out onto the construction area statute, the JAZB did not find sufficient (zone D4, seen on page 83 of the justification to indicate that the draft Zoning Ordinance). If my referenced property should be included understandings are correct, it is in Safety Zone 1 to provide a reasonable to assume houses reasonable level of safety. might be constructed in the field Development on this property, should it that buffers my family’s backyard occur, will be guided by Township and the new road. I believe zoning. Currently, Township zoning allowing such an event would be allows low-density development. irresponsible, primarily for Future land use guidance developed by environmental reasons. I believe the Township suggests that extending Safety Zone 1 to development patterns are unlikely to encompass more area would be a change. reasonable request to ensure public safety and to limit land use in a way that would negatively impact the environment. This area could then become a wildlife habitat, an approved use for Safety Zone 1 space by the Zoning Ordinance.

Public Comments and Responses

Erin Carroll, Alternatively, Safety Zone 1 does The EA/EAW for the proposed Lake cont’d: not need to be increased, but Elmo Airport improvements found no there should be an agreement significant environmental impacts between governing bodies and from the airport facility improvements. whomever owns the land, by Requiring off-airport privately-owned whatever means necessary, that property to be dedicated for any the field beyond the extension of particular use, including wildlife habitat, 30th street should be utilized to is beyond the purview of the JAZB. offset the environmental degradation created by the airport expansion. It would be worth the time and money to establish a wildlife area, not only for its environmental impact but also because it would shield noise and light from the airport, something with which people in West Lakeland and surrounding areas were concerned.

I submit this comment because I care deeply about the environment. I understand the Lake Elmo Airport needs to expand to be in compliance with the FAA. I went to college for mechanical engineering and aircraft are one of my passions. I fully support safe and reliable air travel. However, with the increased development of the Lake Elmo area in general, and the continued desire to develop the area, I think it’s extremely short-sighted and careless to let places that could be green become developments. There are so many ways we can impact our environment positively, even as we progress and grow, and this is one of them.

In short, please consider making areas around Safety Zone 1, specifically the land in zone D4, places dedicated to wildlife and greenery as opposed to housing developments.

Karen Hannah, 3 Our property is on the N/E side The commenters concerns, although 13131 N 40th St of the airport. From my not directly relevant to the Draft understanding of the change, Airport Zoning Ordinance, were Written Form I’m concerned that with the addressed by marking the airport submitted at expansion as little clearing of property boundary along the Public Hearing trees and brush around the abandoned portion of Neal Avenue on January 23, 2020 edges be done as possible. Our January 22, 2020 and ensuring that area is hugely increasing carbon the adjacent property owner did not emissions through remove trees on airport property. 7

Public Comments and Responses

Karen Hannah, transportation – many more cont’d: houses = many more cars and more planes and fuel. It is so important to not disturb the trees + vegetation long established because it serves as a carbon sink. It’s a home to bees, flowering trees, large trees, small animals. According to scientists we have only 10 years to get a hold of our carbon issues and not careen into an unlivable temperature and world. Currently it looks like a local farmer is doing some clearing on Neal Ave. (the abandoned portion between 40th and 30th). I’m concerned that he is clearing on airport property, not his, and I’m hoping that you will look into that activity.

Is the old road on your property? And if so? Is a private property owner able to clear those trees? I’m deeply concerned and will appreciate hearing from this zoning commission. I have communicated with Neal Ralston.

Thank you for respecting the concerns of the Baytown community as changes occur. Thank you for every effort you can make to minimize the impact of continuing major development in our area. In the 21st century it is more important than ever that we mitigate the effects of human development on the earth. It’s imperative at this point.

Linda Ulasich, 4 I am totally against the proposed See General Responses 2 and 6. 13167 30th St. N., zoning ordinance you are trying Stillwater, MN to implement for private property The commenter’s property is located 55082 around Lake Elmo Airport. How in proposed Safety Zone 2, which only can you think it's okay to make contains general land use restrictions Email comment zoning rules for private property against interfering with flight activity at received 1/31/20 that you do not own? For an Lake Elmo Airport. Also, based on expansion that most do not want the current West Lakeland Township and is a complete waste of Zoning Map, the commenter’s taxpayers money? And it will property is subject to provisions of the end up costing you way more existing Airport Overlay District taxpayer money when all the incorporated by Washington County lawsuits start pouring in but now administered by the because you are ruining our Township. 8

Public Comments and Responses

Linda Ulasich, property value. You have been The JAZB is not aware of any cont’d: sent many letters of opposition decrease in property values by me and many others but you attributable to the existing airport continue to act in an zoning, nor does the JAZB expect any irresponsible manner and are impact to property values attributable oblivious and do not care about to the proposed airport zoning what the community doesn't ordinance. want. WAKE UP!!!

AGAIN....I AM VERY AGAINST The improvements occurring at Lake THIS AIRPORT ZONING Elmo Airport are not within the ORDINANCE!!! AND THE purview of the JAZB. WHOLE EXPANSION!!!

Mick 5 I oppose the proposed custom Comment acknowledged. Kaschmitter, zoning as proposed. I oppose West Lakeland the entire expansion project entirely. Email received 2/1/20 Laura 6 I oppose the proposed custom Comment acknowledged. Kaschmitter, zoning plans. I oppose the West Lakeland overall project completely.

Email received 2/1/20 Kristine 7 I oppose the proposed custom Comment acknowledged. Kaschmitter, zoning as proposed. I oppose West Lakeland the entire expansion project entirely. Email received 2/1/20 Amy Kaschmitter, 8 I oppose the zoning as planned. Comment acknowledged. West Lakeland I oppose the entire Lake Elmo Airport expansion. Email received 2/2/20 Nicki DeGroot, 9 I oppose the proposed custom Comment acknowledged. West Lakeland zoning as proposed. I oppose the entire expansion project Email received entirely. 2/2/20 Brad Cornell, 10 1. The joint zoning board See General Response General 2733 Neal Ave. members did not really fulfill the Responses 1 and 3. N., West needs of the local community Lakeland, MN that is greatly impacted by the 55082 airport, mainly West Lakeland residences at the end of the Email received major use runway being 2/4/20 proposed/ planned and rammed down the local community. Oak Park heights is on this board because by way of the map its residents may be impacted as well as Lake Elmo and Baytown.

2. As it has been stated in See General Response 1. section 1, the Airport is a hazard 9

Public Comments and Responses

Brad Cornell, that already endangers The purpose of both the airport facility cont’d: occupants, let’s be clear improvements and airport zoning is to “residents” of existing land use enhance safety. already. Now MAC wishes to extend its authority into our community to regulate others without being represented, and I mean an elected representative.

3. I have opposed the expansion See General Reponses 2 and 6. from day one due to safety of our local residents for the 30th street The purpose of airport zoning is to change, undo road hazard, provide a reasonable level of safety in curves, lighting/ tree removal appropriate areas in the vicinity of an undue noise. Now MAC is airport concerned for only the pilot safety and wants the local The improvements occurring at Lake communities to limit Elmo Airport are not within the construction, tree planting and purview of the JAZB. The MAC growth of our community above evaluated 30th Street realignment our homes limit community alternatives, emergency response, groups etc. Many pilots ignore airfield lighting, tree removal and height and takeoff paths and fly noise impacts within the EA/EAW. over our homes at low altitude now. The MAC noise reporting Aircraft noise is not within the purview web page has not generated of the JAZB. Each quarter, the MAC any reports on complaints, nor reports noise complaints, complaint any clear reports to FAA on the locations, complaint descriptors, non-compliance of noise. number of flight operations, aircraft types generating complaints, and other metrics for Lake Elmo Airport. These reports are available at: https://customers.macnoms.com/rep orts/relievers.html

Additionally, aircraft operations can be viewed through FlightTracker, an interactive mapping application, available at: https://macnoms.com/

The commenter’s property is located in proposed Safety Zone 2, which only contains general land use restrictions against interfering with flight activity at Lake Elmo Airport. From a height perspective, the Airspace Zone elevation in the vicinity of the commenter’s property is approximately 100 feet above ground level. The maximum building height allowed in the Township’s Single Family Estate District is 35 feet.

4. From the public hearing I See General Response 1. heard that key stake holders were not part of the zoning board, no representation of key 10

Public Comments and Responses

Brad Cornell, land owners (Washington cont’d: County, the railroad, xcel energy).

5. Total disregard of all the users The improvements occurring at Lake of 30th street (1700+ cars each Elmo Airport are not within the day), changing speed limits to purview of the JAZB. The MAC accommodate the curves does evaluated 30th Street realignment NOT fix winter winds and drifting alternatives to address concerns road hazard. about safety and travel-time within the EA/EAW. 6. It was brought up about fire departments need for 30th street, well the curves being added to 30th street may cost someone their life when an ambulance takes 2 extra minutes to get from manning to Neal and then 2 minutes back with the patient. Or the need for the sheriff responding from Lake Elmo and it take them 2 minutes to go down 30th street.

7. Let discuss safety zones, See General Response 2. 1997 MAC met to discuss north/south Cedar runway at State law does not require that all MSP and reliever updates. I was homes within MnDOT’s Model Safety the only attendee not part of Zone A be purchased. State law makers. The aerial view of Lake Elmo was part of The improvements occurring at Lake the display showing Safety zone Elmo Airport are not within the A for the future LT plan, My purview of the JAZB. The MAC’s Lake home was in it. I asked the head Elmo Airport 2035 LTCP identified of MAC what that meant, his deficiencies with the existing airfield, answer was simple “well any which provided a foundation for the property in Zone A would need EA/EAW goals and objectives that to be purchased, period (.) NO explain why the improvements are exceptions.” Then he explained needed. when the original plan was developed Neal only had one home near the airport on the corner south of 30th. This Zone met MNDOT standards and FAA standards. At this time it was indicated FAA requires all Airports to have a Long term comp plan adjust it as needed and he did not see any business reason for Lake Elmo to ever implement the plan due to declining based aircraft. Now MAC has shrunk the zones smaller than any standard, used the special session to get them approved by the legislature thus keeping the local residents out of the loop. 11

Public Comments and Responses

Brad Cornell, 8. West Lakeland town board for The JAZB, not MAC, voted to cont’d: all the years I have lived in the establish and adopt a custom airport area only acknowledges the zoning regulation at its meeting on LTCP plan but has never August 29, 2019. changed zoning or planning to limit land use based on a Based on the current West Lakeland document that may never be Township Zoning Map, the implemented. NOW MAC is commenter’s property is subject to forcing the communities around provisions of the existing Airport the airport to adopt zoning on Overlay District incorporated by existing residents that may Washington County but now impact out property values. administered by the Township. The JAZB is not aware of any decrease in property values attributable to the existing airport zoning, nor does the JAZB expect any impact to property values attributable to the proposed airport zoning ordinance.

9. The county is not part of this See General Response 1. process where as it might have to reimburse residents for over taxation on their property.

10. The new ZONE 1 is not See General Responses 1 and 5 consistent with normal safety zones trapezoid and length The improvements occurring at Lake specified by FAA for other Elmo Airport are not within the airports but minimized and not purview of the JAZB. The MAC’s Lake realistic for safety of the pilots Elmo Airport 2035 LTCP identified either. I have brought up 10 deficiencies with the existing airfield, items that MAC continues to which provided a foundation for the ignore when the actual word EA/EAW goals and objectives that “SAFETY” is the word being explain why the improvements are used to force this expansion on needed. the local communities when it’s our “SAFETY” that is being ignored! Land use in Westlake land has always required the majority of the effected community residents to approve or reject a plan; here MAC ignores the local government and the local resident’s rejections. The Zoning affects thousands of land owners and millions of dollars of property without representation. MAC should only have had one person on this zoning board and the other members should have been local residents being affected. Washington County should have been part of this zoning board, the fair grounds to name a few. MAC needs to cut its losses on this project pilots will go to New Richmond for the 12

Public Comments and Responses

Brad Cornell, extra 18 minutes with a much cont’d: better airport than this old, old not maintained airport. MAC has demonstrated in the last 30 years that Lake Elmo Airport is not important by not maintaining the property. Example this project is based on the current primary runway surface needs to be replaced. Why wasn’t it not maintained for all these years? The fence line is not maintained, the non-visual fence line from Manning along 30th and Neal north of 30th not maintained for brush and tree growth? I am sure it came down to cost, and the unwillingness of MAC to spend money on this type of work.

Denise Cornell, 11 I live at 2733 Neal Ave N; West The improvements occurring at Lake 2733 Neal Ave., Lakeland, MN 55082 which is Elmo Airport are not within the West Lakeland, across the street from the further purview of the JAZB. The MAC’s Lake MN 55082 South West Corner of the Lake Elmo Airport 2035 LTCP identified Elmo Airport Property. What deficiencies with the existing airfield, Email received only separates us from the which provided a foundation for the 2/4/20 airport is Neal Avenue. Our EA/EAW goals and objectives that home is about 300 feet back explain why the improvements are from the road which we have needed. lived here since 1987.

We have gone to MAC’s multiple See General Responses 1 and 3. informational meetings, public hearings & zoning meetings in regards to this airport & at all times there were more people not wanting this expansion in forms of letters, public comments & neighborhood voicing their opposition. Now we most recently went to another public hearing meeting in which this Zoning Board lead by MAC introduce their Zoning Ordinance and again the majority of the public who attended were unfavorable, The 2 zoning board members that represented West Lakeland residences also oppose this new zoning ordinance. Also at the meeting a person asked if the board had the opportunity to read the 135 page Zoning Ordinance is was stated NO. So how was this Public Hearing even legal? 13

Public Comments and Responses

Denise Cornell, MAC now has decided after See General Response 2. cont’d: some 50 plus years to put together a zoning ordinance in which NOW they are concerned about their pilots & how the land around the airport should be developed a little LATE I say. Homes & other mass development has occurred one such is across the street from the airport. This was forced upon to the City of Lake Elmo by the Metropolitan Council to develop. This development is not acreage lots but very densely populated with small play grounds & just Manning separating them from the airport.

You have JAZB 1 as MAC’s See General Response 4. property with over the north east corner of some other property After reviewing the Custom Airport not to be developed & left as Zoning Factors required per state open space. What about your statute, the JAZB did not find sufficient own restriction as far as group justification to indicate that the activities on MAC’s properties properties specifically called out by the such as pancake commenter (Easton Village and breakfasts, garage sales, & Northport residential neighborhoods even graduation parties? What west of Manning Avenue, the concerns does this Zoning Washington County Fairgrounds, or Board have about the thousands Airport Hangar Areas) should be of spectators at Washington included in Safety Zone 1 to provide a County Fairgrounds where there reasonable level of safety. are horse & dog shows, soccer games, flea markets & the Washington County Fair Carnival just to name the few? The fair grounds are in JAZB 2. Were they notified as well as all the other residences in JAZB 2?

Every piece of land that gets See General Response 1. developed may it be a small parcel or large parcel had to go The improvements occurring at Lake to the different municipalities for Elmo Airport are not within the approval before homes can be purview of the JAZB. The MAC’s Lake built. Also for existing home Elmo Airport 2035 LTCP identified owners if we wanted to build an deficiencies with the existing airfield, additional building on our site we which provided a foundation for the go through the township or city EA/EAW goals and objectives that for their approval. We would explain why the improvements are have to go before a Planning needed. Department that makes sure what we want to build will be approved. We also must notify home owners around the property about any changes & if 14

Public Comments and Responses

Denise Cornell, there is objections sometimes it cont’d: is turned down or other adjustments must be made. In your case MAC (Lake Elmo Airport) forced this expansion even though this was not accepted by many of us surrounding the airport, MAC just ignored all the negative letters & comments made at previous public hearings.

This Custom Zoning that is See General Responses 1 and 2. being force on the residences near the airport which was The Draft Airport Zoning Ordinance slipped through the legislature states that existing nonconforming and at no time were we notified uses and buildings are permitted by anyone so that we could have subject to provisions in Section VIII our say or for us to oppose this (Airport Zoning Permits) and Section type of zoning at the State level. IX (Variances). This permission is not So again “We the People” get dependent on who owns the property. overlooked and in this case The JAZB is not aware of any existing MAC gets what they want. We nonconforming buildings within have no idea if our land will be proposed JAZB Safety Zones 1 or 2. able to sell in the future because verbally we are told we are Based on the current West Lakeland “Grandfathered” what does that Township Zoning Map, the actually mean they don’t have a commenter’s property is subject to cleared definition? We don’t’ provisions of the existing Airport know how this will affect our Overlay District incorporated by home values, land usage & Washington County but now insurance costs. administered by the Township. The JAZB is not aware of any decrease in property values attributable to the existing airport zoning, nor does the JAZB expect any impact to property values attributable to the proposed airport zoning ordinance.

Since our home will be in the See General Responses 5 and 6. “JAZB Safety Zone 2” and as Exhibit E shows it looks as if our From a height perspective, the entire home is in the flight path. Airspace Zone elevation in the vicinity What safety do we have? You of the commenter’s property is are going to prevent me from approximately 100 feet above ground having trees or replacing trees level. The maximum building height on my property so that we don’t allowed in the Township’s Single have to look at the flashing lights Family Estate District is 35 feet. from the airport? MAC states that we would be violating this ordinance if we have special lights however the airport can flash towards my home. That is why we have trees around our home today. With this new zoning we have NO protection from mishaps that can happen 15

Public Comments and Responses

Denise Cornell, on OUR property by pilots & cont’d: their aircraft.

Finally I want to note that the See General Response 1. majority of Zoning Board Members do not represent the home owners near the airport. There is only one board member that actually lives in JAZB Safety Zone 2. Also there are pilots, past pilots, MAC employees & other officials that don’t live near the airport that are on this Zoning Board so as I feel the only concern is the money that MAC receives so they can do their expansion. If you look at the minutes the only Zoning members that showed disagreement with this type of zoning were the two members from West Lakeland.

Molly K. Olson, 12 I am AGAINST the new zoning for The improvements occurring at Lake 2301 Neal the lake elmo airport. Elmo Airport are not within the purview Avenue North of the JAZB. The MAC’s Lake Elmo West Lakeland, The new EXPANDED ZONING Airport 2035 LTCP identified MN 55082 causes a HUGE detriment to the deficiencies with the existing airfield, community – it will create a huge which provided a foundation for the Email received increase in problems for safety EA/EAW goals and objectives that 2/8/20 and noise (to say the least) for explain why the improvements are those who live in the area. The needed. new curve road, taking out the highly traveled road (30th) that exists today is a huge mistake. But, the real impact on the community has NEVER been an authentic concern of MAC or the zoning board. There is no REAL NEED for this airport at all – it is a recreational airport. This airport supports little-to-no (if any) commerce for the area. There are several larger and better airports near by in New Richmond Wisc and St Paul MN that can meet any of the real flight needs.

The entire process of the zoning See General Responses 1 and 2. expansion has been rail-roaded through by MAC without the proper analysis, without a real need, without critical thinking, without real consideration for the community impact, and instead by-passed and ignored anything they didn’t want to know or learn. And instead of being changed by 16

Public Comments and Responses

Molly K. Olson, new information, they just dug cont’d: their heels in the sand and defended their position to expand the zoning and the airport runway.

There is no government interest in The improvements occurring at Lake expanding this airport, and all Elmo Airport and associated outreach funding should cease. There has efforts by the MAC are not within the been little-to-no concern for how purview of the JAZB. the community and nearby neighborhoods will be impacted The JAZB will meet to review and by the expanded zoning areas. consider all public comments Any and all input MAC has sought received and then decide whether to from the community for this entire make any changes to the Draft Airport project, including but not limited to Zoning Ordinance before submitting it the new zoning, has been just to MnDOT for review. MAC only has going-through-the-motions to hold two voting members out of the eleven an “official” meeting, so they can voting members on the JAZB. cross it off the list: “held a community meeting.” All MAC’s interactions with the community have been superficial, artificial, and meaningless. MAC does not listen to hear and understand. They have never showed any “real” sense of understanding the issues and problem solving with the community. What MAC hears at these meetings from the community goes in one ear and out the other. They don’t want to hear from the community. They make very little real effort to inform people about what is going on or about the meetings. They seem instead to put on the façade of transparency, when it is all virtually done trying to avoid real meaningful community input.

The airport should not be getting The improvements occurring at Lake funding from any state or federal Elmo Airport are not within the purview government agency because this of the JAZB. The MAC’s Lake Elmo airport is a dying airport. MAC has Airport 2035 LTCP identified made that mistake before – deficiencies with the existing airfield, invested in a dying airport and the which provided a foundation for the investment turned out to be a EA/EAW goals and objectives that waste of money. The primary explain why the improvements are purpose and the majority of the needed. routine flights at the Lake Elmo Airport are highly likely from a private flight school. This airport then becomes a huge government expense for mostly private purpose. This seems to violate the use of government funds.

Public Comments and Responses

Molly K. Olson, The Lake Elmo Joint Airport See General Response 1. cont’d: Zoning Board appears to have been hand picked by MAC in order to ensure the members would vote with MAC and not serve the community.

THE AIRPORT ALREADY Adoption of an Airport Zoning VIOLATES THE EPA Ordinance will not alter the number, STANDARDS FOR NOISE frequency or noise level of traffic at POLLUTION – and this will only the Airport. An Airport Zoning get worse with the new zoning. Ordinance would only affect the use MAC currently does nothing to of land surrounding the airport. Both take initiative to understand the the airport facility improvements and impact of noise pollution in the airport zoning will enhance safety for community and complaints are pilots and the surrounding not taken at all seriously, and the communities. new expanded zoning will make noise pollution and safety The improvements occurring at Lake concerns worse for more people. Elmo Airport are not within the purview MAC has never demonstrated any of the JAZB. The MAC’s Lake Elmo “real” concern or care about the Airport 2035 LTCP identified impact on the community for this deficiencies with the existing airfield, entire project. MAC has pushed which provided a foundation for the ahead and lied to the community, EA/EAW goals and objectives that lied to Minnesota legislators, and explain why the improvements are lied to other elected officials about needed. The FAA was meaningfully “the need” for this airport involved in determining the need for expansion. There is no “real” the improvements. The EA/EAW (business or community) need for evaluated the impact of noise from the this airport and this zoning airport improvements and found that expansion will be a detriment to there will be no significant aircraft noise the community due to increase impacts with the improvements. In fact, safety hazards, noise pollution, the noise evaluation determined that by and property values which will realigning the primary runway central to plummet with the new zoning and the airport property would result in the airport expanded runway. containing more noise on the airfield.

There is something nefarious MAC maintains a voluntary noise going on because there is no abatement plan at the each of its need for this airport expanded airport, including Lake Elmo Airport. zoning or runway – yet MAC This prescribes preferred flight presses on with full force. It falls procedures, preferred runway use, into one more example of designated maintenance run-up areas, government waste, fraud, and and nighttime training procedures for abuse. minimizing aircraft noise exposure in noise-sensitive areas surrounding the SEE Source: Airport. The MAC encourages tenants https://www.epa.gov/clean-air- at Lake Elmo Airport to follow the act-overview/clean-air-act-title-iv- voluntary Noise Abatement Plan and noise-pollution takes its responsibility to respond to community concerns seriously. To view What is Noise Pollution? the Noise Abatement Plan for Lake The traditional definition of noise Elmo Airport, visit: is “unwanted or disturbing sound”. www.macnoise.com/other-mac- Sound becomes unwanted when airports/lakeelmo-airport-21d it either interferes with normal activities such as sleeping, 18

Public Comments and Responses conversation, or disrupts or There are many circumstances when diminishes one’s quality of life. noise impacts from the Lake Elmo The fact that you can’t see, taste Airport cannot be abated. Federal grant or smell it may help explain why it provisions require the airport be has not received as much operated in a manner that does not attention as other types of discriminate on the ype or class of pollution, such as air pollution, or aircraft or aviation activity and does not water pollution. The air around us restrict or place an undue burden on is constantly filled with sounds, interstate commerce. As a “public-use” yet most of us would probably not airport, Lake Elmo Airport is subject to say we are surrounded by noise. federal regulations. A congressional act Though for some, the persistent passed in 1990 (the Airport Noise and and escalating sources of sound Capacity Act) limits the ability of airport can often be considered an operators to impose access or use annoyance. This “annoyance” can restrictions based on aircraft noise. As have major consequences, a result, airport operators cannot restrict primarily to one’s overall health. aircraft operations at an airport (such as See link for full information. The closing the airport to jets or closing it at majority of affected homes have night) to control noise. Today, any U.S. been built in the last 5 years and airport that employs access or use most of them in the last 3 years or restrictions designed for noise control less. New home owners and land had them in place prior to the 1990 act owners were NOT told about the and were grandfathered in by real plans and impact of this Lake Congress. Elmo Airport expansion of runway and expansion of zoning) when The JAZB is not aware of any they purchased their land and decrease in property values homes. It seems like a lawsuit attributable to the existing airport waiting to happen. Somebody at zoning, nor does the JAZB expect any MAC should lose their job over impact to property values attributable this debacle. to the proposed airport zoning ordinance.

Public Comments and Responses

Verbal Comments Received During the Public Hearing (January 23, 2020)

The transcript from the Public Hearing is available to download from the JAZB web page: https://metroairports.org/general-aviation/airports/lake-elmo/joint-airport-zoning-board-lake-elmo

Vince Anderson 1 Thank you, Rick. I presume you The Public Hearing Report, including will all be able to hear me, I the transcript, will be provided to prefer not to use a microphone. MnDOT Aeronautics as a part of the Before I begin, I was surprised to Draft Airport Zoning Ordinance hear that there's no questions. I submittal package. would ask if you find my questions inappropriate, then cut me off, but otherwise I think it would be nice to get an answer. My name is Vince Anderson, I'm a resident of West Lakeland Township, I'm a pilot though it's no longer current. I'm a member of the public that has an easement over 30th Street in its location. My address is 1815 Hillside Court, but that's on file with MAC. While I do know some of you, I need to understand who is here, the mechanics of the approval process, and what happens to comments made or received during the comment period and the like. Some of these issues, Rick, you didn't seem to cover. I ask for your patience while I do ask a couple questions. I see that we have a court reporter, will there be a transcription available to the public? Who gets a copy of the transcription without specifically requesting it, Mn/DOT? That's a question. But does it go to Mn/DOT? Will the FAA get a copy of this public hearing? Will the Met Council get a copy of this public hearing? So without requesting it, the answer is no.

I did not, when I received one of See General Responses 1 and 3. these documents that listed all of the people who are members, it wasn't clear, and you seem to point it out, some are voting members and some are not. How many of the voting members are here tonight? And how many is the total voting members? Is there a quorum? And the people who didn't show 20

Public Comments and Responses

Vince Anderson, up just get to vote anyway? cont’d: Okay. Thank you. Are any of the members of that group pilots? Okay. Are any of you attorneys? [see hearing transcript for responses]

Have you all read the notice of See General Response 3. public hearing, please be honest and wave your hand if you have not read the notice in its entirety? Have you all read a draft copy? Well, I'm getting, we're close. This document was what I was referring to, have all the members of the JAZB, is that how you pronounce it? Have you all read this in its entirety?

Is there anyone here from A representative from MnDOT Mn/DOT? Would you identify Aeronautics was in attendance at the yourself and tell us what function Public Hearing. The Washington you're performing. Is there County Fairgrounds received notice anyone here representing the about the Draft Airport Zoning Washington County Fair or the Ordinance and Public Hearing via fairgrounds? Is there anyone direct mail. Washington County was here representing Washington invited to participate as a formal County? I'm surprised that member of the JAZB, but elected not Washington County is not a to as administration of land use member of the board when zoning has been transferred to the they've got two roads adjoining Townships. Washington County staff the airport and one that runs are kept informed of the zoning through zone 1. Is there any process and have attended several representation or regular JAZB meetings. Similarly, attendance by anyone Metropolitan Council staff are kept representing the Union Pacific informed of the zoning process. Railroad? We'll talk more about the railroad later. There's no representation by Met Council, correct?

In the notice itself, and Neil The JAZB is not aware of any brought it up, it says that for the instances where the Maximum most part the restrictive Construction Height Without Permit maximum heights are less than elevation for a particular property is the maximum allowed in lower than the maximum building applicable zoning, what's not height allowed in a local municipal most and is it listed any place as zoning code. to where you're more restrictive or was that -- So there are times that you're more restrictive? Oh, that's not what it said.

In the document itself, line 53 The language in lines 53-75 of the and following, according to the Draft Airport Zoning Ordinance is minutes that has not been taken from state statute. approved, and one would think that that would have been done 21

Public Comments and Responses

Vince Anderson, before this, whether it's part of cont’d: the document or not.

Line 128, Met Council is the The Metropolitan Council does not planning arm of the region and approve airport planning or zoning should be in the approval documents. Per state statute, the process. Metropolitan Council reviews LTCPs for each airport owned and operated by MAC for consistency with the metropolitan development guide and the Transportation Policy Plan. The Metropolitan Council rendered a determination that the Lake Elmo Airport 2035 LTCP conformed to regional systems and was consistent with Council policies in August 2016.

Line 132, you're only going to The definition of runway is based on allow paved runways ever out existing or planned paved surfaces. here? Is there a provision for No unpaved runway surfaces are helicopters, I didn't see them contemplated at Lake Elmo Airport. pointed out? No unique provisions are made for helicopters.

Line 149, I see a typo and this is The text on line 149 will be revised to an editorial comment, but with read “for Runways 14-32 and 04-22”. some people in the membership and the people at MAC, if there's typos at this stage, that says people really didn't read it.

The numbers in parentheses, Written-out numbers preceding line 153 and following and a numerals will be removed. number of other issues in there, that went away 40 years ago.

Line 301, the fairgrounds, I don't Proposed Safety Zone 2 only contains see any possibility of you being general land use restrictions against able to enforce that. interfering with flight activity at Lake Elmo Airport. While these restrictions would apply to activities at the Washington County Fairgrounds, the JAZB is not aware of any specific activities occurring at the Fairgrounds that have been known to interfere with flight activity. State law gives authority to local jurisdictions to enforce the airport zoning ordinance.

Line 313, exposed transmission The existing power poles along the lines, we just paid to move west side of Manning Avenue are transmission lines from one side distribution lines, not high-voltage of Manning to the other and now transmission lines, and are allowable they're within your zone and in proposed Safety Zone 1. The Draft need to be taken down, put Ordinance will be revised to clarify underground. Who from MAC that only exposed high-voltage should have caught that and 22

Public Comments and Responses

Vince Anderson, spoke up when that was transmission lines are prohibited in cont’d: happening? We're the ones that proposed Safety Zone 1. are paying for it.

Line 315, Neil, you mentioned The commenter is correct that the an assembly of persons, that's definition of “assembly of persons” an undefined term, it's not in used on line 315 is intentionally your definitions. I don't know ambiguous and designed to allow whether it's two or three or 17 or reasonable flexibility consistent with whatever. I see you're allowing the intent of airport zoning. The list livestock at the fairgrounds, or prefaced by “Permitted uses may excuse me, at the airport, that's include, but are not limited to, such kind of a surprise. Light outdoor uses as…” are provided as examples recreation which is approved that would not generally bring isn't defined, that's in line 318. together an assembly of persons. This provides limited flexibility in determining whether or not a proposed land use in Safety Zone 1 provides a reasonable level of safety.

Line 414 was an 8 percent The interest rate listed in line 414 is penalty, interesting to know how directed by state statute. you would have found or how you determined that 8 percent.

Line 519 talks about things The Board of Adjustment’s written being done in writing but doesn't findings of fact and conclusions of law talk about a distribution as to will be provided to the applicant where those would go. seeking a variance and to the Zoning Administrator in the municipality where the variance is sought.

Line 575, I think you'll find that Line 575 is consistent with the you can't enforce that and it's doctrine of exhaustion of probably not legal. administrative remedies that has been adopted by Minnesota courts.

And line 605 is applicable and After reviewing the Custom Airport following is applicable to all Zoning Factors required per state actions of MAC, not just zoning. statute, the JAZB did not find sufficient I don't see any reference here, justification to indicate that the will pancake breakfasts and the properties specifically called out by the like be eliminated? Those commenter (the Washington County gatherings require additional Fairgrounds and Airport Hangar Areas) artificial traffic through the RPZ should be included in Safety Zone 1 to as well as additional flights. The provide a reasonable level of safety. fairgrounds are not a mile away as stated in the environmental Proposed Safety Zone 2 only contains statement. Crosswind traffic with general land use restrictions against a normal left-hand departure interfering with flight activity at Lake goes right over the fairgrounds. Elmo Airport. While these restrictions Within the past helicopter rides would apply to activities at the at the fair, amusement rides that Washington County Fairgrounds, the I don't think have been zoned JAZB is not aware of any specific over on any particular height, activities occurring at the Fairgrounds lots of lights. I'm not aware that that have been known to interfere with MAC took any action when the flight activity. State law gives fair moved to its existing location 23

Public Comments and Responses

Vince Anderson, after the airport was there, the authority to local jurisdictions to cont’d: fairgrounds are used for enforce the airport zoning ordinance. considerably more than one week a year, considerable lighting poles at the airport, or at the fairgrounds.

Let's talk about the railroad. It's Railroad uses are permitted in outside the airport, your proposed Safety Zone 1. This will be boundaries show that it's clearly clarified in the document. The Union not airport property, it predates Pacific railroad was notified of the the airport. Railroads run under Draft Airport Zoning Ordinance. The a different set of rules. You've railroad property will be subject to the got heights of the cross gate airport zoning ordinance. bars, a railroad fence. The railroad itself is, you tell me, 10 feet, 15 feet above the runway in the RPZ? They can do construction on their property without any sort of zoning as far as I'm aware, the railroad was around a long time, they could put up a construction tower. Has there been any contact to the Union Pacific Railroad by the JAZB? I take that as a no. Has the Union Pacific Railroad contacted MAC or the JAZB? I take that as a no. It was a surprise to MAC when I pointed out that there was a railroad running through the airport. What are your plans for a written enforceable contract with the Union Pacific Railway?

Hunting has been unrestricted in Individuals hunting on MAC property the past on airport property for were not airport tenants or users. the lake and wetland south of They illegally trespassed onto MAC 30th Street, are you going to property. Hunting on MAC property is permit that in the future? Any specifically prohibited by MAC notification to Minnesota DNR? Ordinance 58. When there is a hunter Sounds appropriate. on MAC property at the Lake Elmo Airport, the MAC contacts the Washington County Sheriff’s office for assistance in investigating and stopping individuals from trespassing.

There's no restriction on vehicle Roadway traffic uses are permitted in size or the type on the road in proposed Safety Zone 1. This will be the RPZ, is it a good idea to run clarified in the document. a fuel truck across the RPZ, or buses?

And there's no documentation The JAZB will be re-convened in the anywhere on methods of event that the Airport Zoning updating this ordinance. Do you Ordinance needs to be updated per reconvene the JAZB, appoint a state statute. 24

Public Comments and Responses

Vince Anderson, new one, what the approval cont’d: process is? I did read the minutes of the JAZB meetings, I saw no input from board members for changes or inclusion.

Was the JAZB solely the work of See General Response 1. MAC? In closing, I know you're happy to hear that, Rick, if you want clarification or a description, contact me.

Marian Appelt 2 Marian Appelt, I'm a resident of See General Responses 1, 2, and 5. West Lakeland Township, I live at 2655 Neal 10 Avenue North. Both the airport facility improvements I did my best to review the and airport zoning will enhance safety zoning, the proposed zoning as for pilots and the surrounding well as follow up with everything. communities. I think that there is deep concern about changing from the legacy zoning that had been in place with Mn/DOT and going to a custom zoning. I think the issue that I have with it, I think it continues to show a lack of concern for the public safety, the people on the ground. Zone 1 as proposed does restrict land uses. Zone 2, however, no longer addresses some of the concerns that were limited in zone A and zone B as far as legacy zoning.

I do find the custom zoning See General Response 2. being allowed in sort of a suspicious time frame at which it The airport zoning bill was heard in was approved at the legislature. multiple legislative committees. It was approved in a special session under the omnibus bill and not shown due diligence in terms of it being run through the legislature in the proper steps. I think it's very convenient how the custom zoning got allowed right before the zoning of Lake Elmo Airport.

I think the traditional zones A The JAZB considered a range of and B were much more factors, including the location of appropriate for protecting the vulnerable populations wildlife safety of the public and people attractants, and aircraft accident rates and land use below the airport. when developing the Draft Airport The current custom zoning I Zoning Ordinance. don't think addresses some of the concerns that the limitations in zone B had done, I don't think 25

Public Comments and Responses

Marian Appelt, it has adequately addressed The JAZB did not find sufficient cont’d: items of concern. And part of it justification to indicate that the specific could be that I may not have land uses called out by the commenter read the minutes of the JAZB, (Easton Village and Northport but from what I've seen I do not residential neighborhoods west of feel that it addressed some of Manning Avenue) should be included in the vulnerable populations, I Safety Zone 1 to provide a reasonable don't think it addressed the level of safety. location of wildlife attractiveness, especially with the high density housing that's going on in developments on the ground. We now have ponds that are attracting geese and ducks and wildlife in those areas. And I did not see any references to the accident rate at the airport and perhaps, like I said, I didn't read all the JAZB meeting minutes. I do think that the dense housing that's on the other side of Manning is not conducive with the types of the custom zoning. Zone B used to be at least low density housing at least requiring an acre for an individual house, and now there's no restriction whatsoever in zone 2. I think that the dense housing that's going on does not make it safe for the residents and I also don't think it makes it safe for a pilot. Where is the pilot going to put a plane down if he runs into a problem? Now you've got dense housing or housing that's on top of an acre and versus having a resident when there's one house and one in three. And in West Lakeland we have a two and a half acre minimum.

So I think the zoning should See General Responses 2 and 5. have been in place 9 years ago, I think Mn/DOT had requested State law does not require that all zoning to be in place, I don't homes within MnDOT’s Model Safety understand why it wasn't. I have Zone A be purchased. been informed that it's been a combination of lack of municipalities involvement, but I do think that had that been done and all the zone A would have been purchased, we wouldn't be standing here at this point in time and wouldn't have the restrictions and wouldn't have to have this kind of a public 26

Public Comments and Responses

Marian Appelt, meeting. I'm not sure if it's cont’d: feasible, but I think there were funds available at one point in time to MAC to purchase the land in zones A and I think that should have been done and had it been done years ago we wouldn't have some of the issues that we have now. So I think it's a safety issue for the residents and I think that the zoning, the cost of zoning allows zoning for the airport and the interference and height restrictions, but it does nothing for the safety of the residents on the ground.

Ann Bucheck 3 My name is Ann Bucheck, B-U- See General Responses 2, 4, 5 and C-H-E-C-K, I live at 2301 Legion 7. Avenue in Lake Elmo, Minnesota. I really enjoyed the first two speakers and I thank them for being here. And as I mentioned, it's not good driving tonight and I'm afraid that there are a lot of people who could not be here who probably would like to be here. I understand the airport has control over 8,000 feet of airspace above the airport in all directions and I would assume that they would have control of 8,000 feet of space on the land in all directions. We may be discussing this fact this evening, but to be correct and safe, I thought MAC or JAZB, I don't know who would have done it, would have been correct if they had sent out a notice to all the property owners in that area. This did not occur and I'm asking why the letters were not sent? If you wanted all citizens within the 8,000 feet to be aware of your proposed zoning ordinance, you should have notified them in writing. To make it clear to everyone, 5,200 feet is one mile, so 8,000 feet would have been about a mile and a half in all directions from the airport. Tonight's discussions about airport zoning, if I'm hearing MAC correctly, they only want airport zoning to cover the 27

Public Comments and Responses

Ann Bucheck, airport property, that's the land cont’d: that the general public knows as the airport. It would be done in a manner known as custom zoning. It makes sense, but not when you know that they have control over 8,000 feet in the air and that since 1970 they were asked to have airport zoning in place to receive funding, and guess what, they have received funding since the '70s. So why didn't they do the zoning? Good question. Why are they not including the 8,000 feet on the land in all directions from the airport since they, and we, the public, are concerned about safety? It should be. Those of us who live in the area, and I would assume MAC also, would want the people in those 8,000 feet to be safe. The people who live in homes, apartments, senior housing, shop and stores, children who attend Lake Elmo elementary schools and those who drive on Manning Avenue and other roads want to feel safe. To exclude all the land from your airport zoning makes it appear that you don't care, and I certainly hope that's not the case. We need zoning and with it advisories and conditions so we feel safe. We don't need more ground and plane traffic and heavier planes. We want the zoning to include those 8,000 feet in all the directions and we want it to be an advisory for safety. We want conditions for the safety of the pilots and also those on the ground. We want to know that MAC has the citizens' safety as their No. 1 concern. Please include all land, developed and undeveloped, in the airport safety zoning.

Brad Cornell 4 My name is Brad Cornell, I live See General Response 2. at 2733 Neal Avenue North, West Lakeland. Okay. Myself I have lived out here for 32 plus years, built in 1987, and I own a photography studio on my property and in 2009 I submitted a proposal for West Lakeland to 28

Public Comments and Responses

Brad Cornell, get a variance to build a building cont’d: on my property, it extends approximately 30 feet above ground level, but it took me two and a half years to go through the public hearing process, our planning board, to get my neighbors of 1,000 feet all the way around me, including MAC as one of the residents, to get approval for my variance. MAC never showed. As a matter of fact, as I went to the town board meetings and so forth in the last 32 years, the only time we ever saw MAC at these meetings was about proposed airport expansion, and today we're here talking about zoning. When I built in 1986 I went in front of our board to find out about the zoning ordinances, whether we could have horses, my business, and about the airport itself. There was no zoning prohibiting us.

In 1997 I went to a MAC meeting See General Responses 2 and 5. at MAC about expansion of the relievers. There they showed State law does not require that all their zone A's their expansion homes within MnDOT’s Model Safety plans and my home was in zone Zone A be purchased. A at that time. The president of MAC said your home is in zone A, we would purchase your home before we did the construction on our expansion and some of several of my neighbors. We have a new neighbor across the street that's even closer to the new proposed runway, what are they going to do about him? The airplanes are literally going to go over the top.

And for the last three years or so The improvements occurring at Lake in this planning process we Elmo Airport are not within the purview brought up the safety of us on of the JAZB. The MAC evaluated 30th the ground with respect to 30th Street realignment alternatives to Street. The winds blow the address concerns about travel time and snow, it's a very unsafe road. safety within the EA/EAW. They're now building a road without real full permission to require West Lakeland to take the road. It's going to be a hazard. As we can see 30th Street is today, you have to go

Public Comments and Responses

Brad Cornell, very, very slow, there's wind cont’d: drifts, et cetera.

Now specifically to MAC. If you Maintenance and upkeep of Lake look at the quality of the airport Elmo Airport are not within the itself, back post 2001 our purview of the JAZB. President Bush required the airports to put in fencing. If you'll observe along Manning, the fence is well maintained. If you drive down 30th, as soon as you get past the one hangar there, the fence is completely overtaken by overgrowth. You go up the dead end street of Neal North, it's completely overgrown and not maintained. Oh, they were supposed to build it all the way around the airport for security, they didn't bother to go along the railroad tracks. There's no gates to keep people out. It's an example of the lack of their maintenance of their facility.

They're going to expand this The improvements occurring at Lake airport, they're going to move Elmo Airport are not within the our 30th and let it get dilapidated purview of the JAZB. The MAC over the next 30 years again just evaluated 30th Street realignment like they did before. What is alternatives, emergency response, going to happen is that pilots, airfield lighting, tree removal and unfortunately if there is an noise impacts within the EA/EAW. accident, they're the first ones at the accident. But also on 30th, if they have an accident they're going to kill somebody on 30th. There's 1,700 cars a day going down that road and I'm one of them on my way to work and on my way home. There's buses that go down that, it is high volume traffic, not as much as Manning, but they're attempting to move a road that is critical to our community in a straight line, not several curves that are very slow speeds. Thank you.

Laura 5 So here we are at public hearing The purpose of the Public Hearing Kaschmitter No. 3. Public hearing No. 1 after was to take testimony from the public we wrote our comments was 88 on the Draft Lake Elmo Airport Zoning percent opposed, 12 percent 5 Ordinance. Submitting a public for. In a democracy that would comment or providing verbal mean the opposition won. testimony does not constitute voting Sadly, we are still going for or against the Draft Airport Zoning because MAC took that as a win. Ordinance. Per state statute, only the Public comment period No. 2, 61 JAZB members can develop and 30

Public Comments and Responses

Laura percent opposed 8 this plan, 38 submit an Airport Zoning Ordinance to Kaschmitter, percent said yes. Once again in MnDOT Aeronautics. JAZB members cont’d: a democracy, the opposition are appointed by elected officials. See would win, the project still went General Response 1. MnDOT forward. So here we are, public reserves the authority to determine comment period No. 3, you sit whether or not the proposed there and you look at us. A Ordinance meets the reasonable level public hearing means you listen of safety threshold. and then you engage the public as to how this is going to work, The improvements occurring at Lake to safely work for everyone. You Elmo Airport are not within the purview have not done that. I don't want of the JAZB. to hear how you changed a 3,600 foot runway to 3,500 foot to please us. It was done because you were unable to, we have many documents that show that.

So the zoning, this has been See General Responses 2 and 5. stated and I'm going to state it again, you have had five decades to do zoning. Now you have many houses, dense housing where you want to put the zoning. So now you had to create custom zoning, except that zoning is really a mathematical equation, it is not drawing a line around your property boundaries, that is not zoning, that is convenient zoning for you. You had five decades to get this done, it was not done, and it is now too late to do it safely for the residents, for the pilots, for the whole area. I want this project stopped because it no longer fits in the area that the airport now lives in.

Mick Kaschmitter 6 Why are we here? You've See General Responses 1 and 2. already started digging and pounding and hammering away, hauling dirt all over the place. You're not going to stop, so why is this zoning going to make a difference? I think everybody said that we got to have it, it was supposed to be in place earlier because of state statutes, you ignored it, so why are we doing this?

Kind of taking off a little bit of The MAC has Reliever Lease Policies what Vince said, is this custom to detail items and activities that are zoning going to prohibit the acceptable for tenants at Lake Elmo Airport. Airport tenant leases at a 31

Public Comments and Responses

Mick perks, and that's spelled P-E-R- MAC Reliever airport explain that the Kaschmitter, K-S, and that is a MAC term, is leased property shall be used by the cont’d: it going to stop the perks and tenant solely for the purpose of (i) other activities that pilots have at constructing and maintaining a the airport that they conduct hangar and related improvements different things on the airport used for the storage of aircraft; (ii) for grounds within that zone such the storage of aircraft; and (iii) for as they have garage sales, they maintenance performed by the tenant have graduation parties, they on the tenant’s own aircraft. Further, have block parties, they have leases go on to say that the property set up campers on the ends of shall be used for no other purpose the runway and camping for the without the prior written consent of night. They drive out to the end MAC. For example, the tenant or a of the runways, let their dogs out subtenant may not conduct any and let the dogs just run at the commercial activities on the leased end of the runways. They also property, whether of an aeronautical have car shows and repair or non-aeronautical nature. The MAC garages that would put Tires Policies allow twenty percent (20%) of Plus and other repair shops to the overall building footprint to be shame with the amount of tools used to store non-aeronautical items, and cars they have in them. So as long as the items do not interfere how is that going to be allowed, with the aeronautical use of the is this custom zoning going to hangar. A motorcycle, car, boat, help relieve that and prohibit it? watercraft, furniture, or camper are common items inside hangars. Tenants are not allowed to store items outside hangars without MAC staff approval. At times, airport tenants reach out to the MAC to seek permission to park a car, trailer, camper, or even store building or landscape materials outside hangars. Often times staff is able to accommodate such requests with agreed upon sunset deadlines.

The JAZB did not find sufficient justification to indicate that the hangar areas should be included in Safety Zone 1 to provide a reasonable level of safety.

What about the custom zoning, See General Response 6. is it going to protect our land values? Are we able to sell our The JAZB is not aware of any property, I mean, we have a five- decrease in property values acre horse property, if we elect attributable to the existing airport to sell are we still going to have zoning, nor does the JAZB expect any a five-acre horse property? And impact to property values attributable what if for some reason we are to the proposed airport zoning not allowed to say we have a ordinance. five-acre horse property, is MAC going to reimburse us for any The commenter’s property is located damages? in proposed Safety Zone 2, which only contains general land use restrictions against interfering with flight activity at Lake Elmo Airport. Also, based on the 32

Public Comments and Responses

current West Lakeland Township Zoning Map, the commenter’s property is subject to provisions of the existing Airport Overlay District incorporated by Washington County but now administered by the Township. The JAZB is not aware of any decrease in property values attributable to this existing airport zoning.

I guess lastly, I want to fly a The Draft Airport Zoning Ordinance drone on my property, can MAC does not prohibit the operation of stop me with this custom Unmanned Aerial Vehicles (UAVs or zoning? Because I guess I can drones) in a manner that complies go to Lake Elmo Aero and get with all federal, state, and local flight drone pilot training, so I guess regulations will that be allowed now under this custom zoning?

Mike Seeber 7 Hi, everybody. That's S-E-E-B- Adoption of an Airport Zoning E-R. Thank you. Vince is my Ordinance will not alter the number, new hero, thank you for what frequency or noise level of traffic at you said, I appreciate that. I the Airport. An Airport Zoning think most people know me, I'm Ordinance would affect the use of against this -- oh, I'm sorry, I'm land surrounding the airport. at 2301 Neal Avenue North. Oh, this is weird, I don't, it's very uncomfortable for me to be the center of attention, usually I like being behind the camera, but I could not speak out. I'm very much opposed to this project.

I'm curious with this new Lake Aircraft noise is not within the purview Elmo Aero, I'm curious if, and I of the JAZB. The EA/EAW evaluated haven't heard if the zoning is the impact of noise from the airport going to take into consideration improvements and found that there will repeated touch and goes, six, be no significant aircraft noise impacts eight, ten, 12, 14 times at a time with the improvements. In fact, the adding up to maybe over 100 a noise evaluation determined that by day, repeatedly, the same loud realigning the primary runway central to plane over our house. It's not, I the airport property would result in don't think you would like it if it containing more noise on the airfield. was you under this noise. And I wonder if there is a, and I would MAC maintains a voluntary noise like the board to address this, if abatement plan at the each of its there would be a limit on those airport, including Lake Elmo Airport. types of activities. I don't This prescribes preferred flight appreciate conducting flying procedures, preferred runway use, schools over our house and I'm designated maintenance run-up areas, not sure that, I could be wrong, and nighttime training procedures for I'm not sure that I've seen that in minimizing aircraft noise exposure in the zoning. I've been at those noise-sensitive areas surrounding the meetings, I haven't paid a lot of Airport. The MAC encourages tenants attention because they're not at Lake Elmo Airport to follow the that interesting, sorry, but I have voluntary Noise Abatement Plan and takes its responsibility to respond to 33

Public Comments and Responses

Mike Seeber, not heard that addressed, so I community concerns seriously. To view cont’d: would appreciate that. the Noise Abatement Plan for Lake Elmo Airport, visit: www.macnoise.com/other-mac- airports/lakeelmo-airport-21d

There are many circumstances when noise impacts from the Lake Elmo Airport cannot be abated. Federal grant provisions require the airport be operated in a manner that does not discriminate on the basis of type or class of aircraft or aviation activity and does not restrict or place an undue burden on interstate commerce. As a “public-use” airport, Lake Elmo Airport is subject to federal regulations. A congressional act passed in 1990 (the Airport Noise and Capacity Act) limits the ability of airport operators to impose access or use restrictions based on aircraft noise. As a result, airport operators cannot restrict aircraft operations at an airport (such as closing the airport to jets or closing it at night) to control noise. Today, any U.S. airport that employs access or use restrictions designed for noise control had them in place prior to the 1990 act and were grandfathered in by Congress.

And just also for the record -- I'm 30th Street North is designed using the not a very good public speaker, American Association of State Highway am I? Now seeing the new road and Transportation Officials (AASHTO) that's going to let the runway be design standards. The AASHTO design extended and the road coming standards are the appropriate way around the end of the standards since this is not a state or runway seems ridiculous and I'm county road. The new realigned road not sure how that can even will be a significant design upgrade from pass. I mean, it doesn't pass the the current road in terms of its smell test, it doesn't pass construction design and materials, common sense, it seems width, and longevity. ridiculous from just a good judgment point of view, just a real gut check. And so I would encourage all those opposed to maybe bring this up to the FAA or higher authorities. I just can't imagine how it would pass. So thank you. Tom Vierling 8 Hello. Due to some of the See General Responses 5 and 6. previous comments I'll limit this, make it a little shorter. I'm Tom The uses prohibited in proposed Vierling, I live at 2825 Neal Safety Zone 2 are not common in Avenue North, Stillwater. I residential neighborhoods, and thus understand MAC has the right are not expected nor likely to impact and responsibility to zone the residential property values. The JAZB 34

Public Comments and Responses

Tom Vierling, space and land property at the does not believe any compensation is cont’d: airport. What I don't understand required as a result of the zoning. is what gives MAC the right to The commenter’s property is located zone private property in proposed Safety Zone 2, which only surrounding the airport without contains general land use restrictions due compensation. against interfering with flight activity at Lake Elmo Airport. Also, based on the current West Lakeland Township Zoning Map, the commenter’s property is subject to provisions of the existing Airport Overlay District incorporated by Washington County but now administered by the Township. The JAZB is not aware of any decrease in property values attributable to this existing airport zoning.

Also I've heard the term The Draft Airport Zoning Ordinance grandfathered thrown around. I states that existing nonconforming would like that to be addressed uses and buildings are permitted and defined. Who will be subject to provisions in Section VIII grandfathered, us, the next (Airport Zoning Permits) and Section owner, is the property IX (Variances). This permission is not grandfathered forever? It is a dependent on who owns the property. proven fact that the land The JAZB is not aware of any existing surrounding an airport will lose nonconforming buildings within up to 25 percent of its value, in proposed JAZB Safety Zones 1 or 2. addition zoning will restrict our land use also without compensation.

Molly Olson 9 I'll read it. Molly Olson, I live at The JAZB will meet to review the 2301 Neal Avenue, West written and oral comments verbatim. Lakeland Township. Two of the The JAZB will then decide whether to other speakers alluded to this, make any changes to the Draft Airport but I had written out my card Zoning Ordinance based on the before so I'm just going to ask it comments received before submitting anyway. What types of public it to MnDOT for review. comment in this public comment period that's open until February 7th will be considered relevant to and have any impact on the decisions already made in the ordinance draft? That's my first question. My second question is you said the comments "will be taken into consideration and then discussed with, summarized by somebody else and then discussed by the JAZB board." I'm wondering in what meaningful way will the JAZB board do or write or decide anything different based on any of the public comment and what type of comment would change anything you've already 35

Public Comments and Responses

Molly Olson, decided? I guess that's the third cont’d: question. It doesn't sound like you're answering questions here tonight. Those my questions. And my question is, in what meaningful way will the JAZB board do or write or decide anything different in the ordinance based on these comments? Nothing like has been done pretty much with all of the last few meetings, I would expect it, but hopefully you'll prove us wrong.

Ann Bucheck 10 I spoke once, can I ask a See General Response 3. question, can I make a comment? I didn't use my five minutes, so I'm short. My name is Ann Bucheck, I live at 2301 Legion Avenue in Lake Elmo, Minnesota. She just asked a really interesting question. I've been to the JAZB meetings and not only me but others have asked questions and they have never, ever been answered. I have been to meetings, I have been to the follow-up meetings, you have never answered any of our questions.

Dave Shultz 11 Dave Schultz, S-C-H-U-L-T-Z, See General Response 3. 1440 Norcrest Avenue North, West Lakeland Township. I'm on The JAZB members have had a draft the board of supervisors for of the airport zoning ordinance since West Lakeland and also on the December 3, 2019. Since the JAZB. This JAZB board has met ordinance has not yet been submitted four times and we received the to MnDOT or adopted by the JAZB, document at the last meeting. the JAZB members may share it with I'm trying to figure out what the their attorneys, planners, building rush is to get this done. It took officials, and others for comment. multiple years for zoning at Flying Cloud. The zoning members have never had a chance to review this document or had a chance to discuss the contents at any of the zoning meetings. This totally is being driven by MAC, not the zoning board. The zoning members were never given an opportunity to present to their attorneys, the planners, building officials for their comment to see how these ordinances may impact their community and at what cost.

Public Comments and Responses

Dave Shultz, It states in this document, See General Response 4. cont’d: Section 1, purpose and authority. Lake Elmo Airport Joint Airport Zoning Board created and established joint action of the Metropolitan Airports Commission and the cities of Lake Elmo, Oak Park Heights, Baytown and West Lakeland Township pursuant to provisions and authority of Minnesota statutes. It also talks about airport hazard endangers the lives and property of users of the airport and property or occupants of land in its vicinity; and the creation or establishment of an airport hazard is a public nuisance; and for the protection of the public health, safety, order, convenience, prosperity and general welfare, and for promotion of the most appropriate use of land it is necessary to prevent the creation or establishment of airport hazards. Your map depicts a circle of about 8,000 feet around the airport. Was everybody in that 8,000 feet out from the airport notified of the potential changes to their property?

It further states in Section 5, land The height restrictions outlined in use safety zoning. Safety zone Section 4 of the Draft Airport Zoning 1, this is on airport property and Ordinance apply to both Safety Zones restrictions there reference no 1 and 2. The list prefaced by height restrictions set forth by “Permitted uses may include, but are Section 4B and general not limited to, such uses as…” are restrictions. Areas designated provided as examples that would not as safety zone 1 for each generally bring together an assembly runways end shall contain no of persons. This provides limited buildings, exposed transmission flexibility in determining whether or lines or similar land use not a proposed land use in Safety structural hazards and shall be Zone 1 provides a reasonable level of restricted to those uses which safety. do not create, attract or bring together an assembly of persons thereon. Permitted uses may include, but not limited to, such uses as agricultural, seasonal crops, horticulture, raising of livestock, animal husbandry, wildlife habitat, light outdoor recreation, cemeteries, vehicle parking and other 37

Public Comments and Responses

Dave Shultz, approved aeronautical uses. As cont’d: said earlier, livestock, really, on airport property?

Under Section 7 airport zoning The JAZB is not aware of any permits. Permit required, nonconforming buildings within nonconforming structures of the proposed JAZB Safety Zones 1 or 2. following items. No There are no restrictions on altering, nonconforming structure shall changing, rebuilding, repairing, or be replaced, substantially replacing conforming buildings as altered or repaired or rebuilt. So long as the building does not violate if a roof is damaged by hail, does the height or land use provisions of that mean it can't be repaired, so the Draft Ordinance. does that mean it has to be removed?

Under Section 12, board of While the MAC is responsible for adjustment. Establishment of appointing Board of Adjustment the board of adjustment and members as required by Minn. Stat. selection of chair. It is hereby Section 360.071, there is no established a board of stipulation in the Draft Airport Zoning adjustment shall consist of five Ordinance about who the members members appointed by the must represent. The JAZB can Metropolitan Airports provide guidance to MAC about Commission and each shall desired local representation on the serve a term of three years and Board of Adjustment. until a successor is duly appointed and qualified. The members shall select a chair to act at the pleasure of the board of adjustment. Members shall be removable, blah, blah, blah. The board of adjustment shall have the power to hear and decide appeals from any order, requirement, decision or determination made by any zoning administrator of the Metropolitan Airports Commission in the enforcement of this Lake Elmo Airport zoning ordinance and to hear and grant or deny variances. The key point here is MAC appoints this review board, the communities have no say in it, in the makeup of this board. They could be MAC commissioners and staff with no representation from the communities. Unfortunately how is this fair?

Other questions I have are what The JAZB will be re-convened in the is the process to make changes event that the Airport Zoning to this ordinance after it has Ordinance needs to be updated. been implemented and adopted?

Public Comments and Responses

Dave Shultz, What does Exhibit E map and Exhibit E, referenced in Section 6, line cont’d: other maps depict mean, there 329, shows the Airspace Zoning is no narrative for them? limits.

With the aircraft counts While aircraft activity volumes decreasing over the past fluctuate from year to year, there is no decade it would be interesting to evidence to suggest that aircraft know what the count is today activity at Lake Elmo Airport will after the ADS-B goes into effect experience a long-term decline or that on the first of this year. For the the Airport will close as asserted by public's benefit, this is where the commenter. Lake Elmo Airport is every plane at Lake Elmo needs expected to remain a vibrant part of to be fitted with a transponder at the MAC Reliever Airport System for a cost of $2,500 to $5,000. With years to come. the decrease in aircraft at Lake Elmo the pilots are saying they expect Lake Elmo to close in five years. How do we address the revocation of zoning implemented by this ordinance if Lake Elmo does close? And if Lake Elmo does close will MAC realign 30th Street to its original configuration? Now for the public's benefit they should know that if Lake Elmo closes, the millions spent on this project and anything done in the previous 25 years will have to be refunded back to the federal government. And this is the same predicament right now that the city of Silver Bay is going through. These are just a few of the concerns I have about this document, there are others that are too numerous to be listed at this time and in this setting.

Mary Vierling 12 Good evening, everyone. A lot See General Response 7. of the questions that I had have already been asked and some of them the questions I had have already been answered. But I do feel, I am a member of the zoning board, and I do feel very strongly that if we have control over airspace up to 8,000 feet, I think that we need to apply that same distance on the ground for the people and the residents, the properties that are there. And then from that point we can always look, we can go smaller

Public Comments and Responses

Mary Vierling, if we need to, we can go bigger cont’d: if we need to.

But there is so much that has The JAZB considered a range of happened in this area in the last factors, including the location of few years with the dense vulnerable populations and wildlife housing, with senior attractants, when developing the Draft developments, with vulnerable Airport Zoning Ordinance. people in housing, and these things have to be addressed. We have schools that fall into that area, more than one, we have churches. These are things that we need to look at that I don't feel that we have addressed far enough yet, so I don't think that we're ready, we certainly aren't ready to send the draft I don't think that is in place right now. I think that there's a lot more work that needs to be done before that can move forward.

Most of the things I was curious See General Responses 1, 3, and 5. about are things like at the fairgrounds, we have that Proposed Safety Zone 2 general land gentleman that likes to do the use restrictions against interfering helicopter rides and he's right with flight activity at Lake Elmo Airport off, he's right across the street would apply to activities at the from the airport property. And Washington County Fairgrounds; how is that safe, do we control however, the JAZB is not aware of that, do we have to have the any specific activities occurring at the county board control that? Fairgrounds that have been known to These are things, I don't know, interfere with flight activity. but things that we have to find out and take care of so that The Draft Airport Zoning Ordinance everybody can stay safe. I does not prohibit the operation of guess that that is probably the Unmanned Aerial Vehicles (UAVs or only thing that hasn't been said drones) in a manner that complies already from everything I have with all federal, state, and local flight listed. I too am concerned about regulations. the wildlife, I'm concerned about, you know, there's drone training going on and I understand that that's the future in aviation, but we have to find a safe way to do it and to apply it. So again, there are things that still need to be investigated and talked about before that, before we get a draft in to the commissioner. And I guess that's all I have for this evening.

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