May 5, 2009 City Council packet - Laserfiche WebLink

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City Council Date: April 7, 2009 REGULAR Item: Motion ITEM: MAC Joint Airport Zoning Board, Lake Elmo Airport SUBMITTED BY: Craig W. Dawson, Interim City Administrator REVIEWED BY: Kyle Klatt, Planning Director Jerry Filla, City Attorney SUMMARY AND ACTION REQUESTED: In a letter received March 4, 2009, the Metropolitan Airports Commission (MAC) proposes to establish a Joint Airport Zoning Board (JABZ) to implement Airport Safety Zoning at and around the Lake Elmo Airport. The Board would consist of two representatives each from Lake Elmo, West Lakeland Township, Baytown Township, Oak Park Heights, Washington County, and the MAC. The MAC would like the Board to begin meeting in late April. The MAC is requesting that Lake Elmo participate and appoint two representatives to the Board. BACKGROUND: State statute provides for the establishment of JABZs in order to regulate land use for the safety of aircraft operations around airports (usually referred to as "safety zones"). The statute provides that "[t]he Metropolitan Airports Commission shall request creation of one joint airport zoning board for each airport operated under its authority." According to MSA § 360.063, Subd. 3(c), if a city, within 60 days of receiving a request from the MAC, fails to join in creating the JABZ, the MAC or the JABZ that is formed with other parties will have zoning jurisdiction within the airport zone in that city. In short, the City of Lake Elmo will be subject to the MAC's/JABZ's airport zone regulations whether the City joins in the JABZ or not. The MAC adopted the Long -Term Capital Plan for the Lake Elmo Airport late in 2008. In the Plan, "Shortly following the finalization of the proposed future development plans for Lake Elmo Airport, the MAC will convene a Joint Airport Zoning Board (JABZ) that will include the respective Responsible Governmental Units (RGUs) that control land use development around the Lake Elmo Airport. This effort will address land uses around Lake Elmo Airport in the context of the preferred alternative runway zones." The JABZ will draft, adopt, and enforce a zoning ordinance specific to the Lake Elmo Airport. Zoning matters generally deal with height restrictions for buildings and vegetation. The JABZ will not be a planning body regarding the future use or expansion of the airport. In a conversation with MAC staff, the MAC will not push the 60-day schedule in the statute, but rather wants to be deliberative in getting the parties together and in agreement with the JABZ for Lake Elmo Airport. The final draft of the AUAR for Lake Elmo Village, which has been distributed for final comment by agencies, states that the City intends to participate in the JABZ. Other JABZs: Few of the metropolitan airports have JABZs. According to MAC staff, the only one currently active is for Saint Paul/Holman Field. The MAC is currently working on establishing one for Flying Cloud Airport in Eden Prairie. A JABZ exists for Minneapolis/Saint Paul International Airport. The Crystal Airport has a joint airport zoning ordinance that was established in 1984, and the MAC is in the process of re-establishing the JABZ and updating that ordinance. One of the issues arising with recent formation of JABZs is indemnification of the cities who appoint members of the JABZ. The MAC has provided indemnification for participants in the Saint Paul/Holman Field and MSP JABZs, and its staff has related that it would be the MAC's intention to provide indemnification as other JABZs are established. Should the City Council elect to join the JABZ for Lake Elmo Airport, it state its expectation that the MAC will provide indemnification to the City from claims based upon the City's adoption of more restrictive zoning standards which could have an adverse impact on property values within hazard zone areas.