Okay, uh good morning, everybody.

I'll go ahead and start the meeting.

Uh, my name is Brent Carlson.

I'm the Deputy Rochester City Attorney.

I was the one that was sending out a lot of uh the emails.

So I want to thank you all for being here this morning.

Um the local people know, but we've been working on getting the the joint airport zoning board together for uh probably well over a year now.

So it's nice to actually uh have everybody in one spot and and uh start moving forward with what we need to have this board decide.

Um so how this is gonna work.

The the joint airport zoning board hasn't met for at least a decade.

So um kind of the purpose of today's meeting will be to do some introductions, uh elect a chair and a vice chair, and then we've got our consultant from Meet and Hunt here that will kind of give you all an overview as to what decisions we're looking for this board to make in the months ahead.

Um so kind of consistent with city procedure.

We'll start the meeting with an open comment period.

I'll kind of run the meeting until we get to a chair elected.

So is there any member of the public that would like to speak?

If so, you have four minutes to do so.

I don't yeah, I'm sorry, I was just gonna make a comment.

We'll look into uh what we had like um representation here.

I do realize this started in 1957, but uh we don't have any seem to have any representation from elected officials from the city of Steward Bill or even high forest television for all that matter.

So okay, I think that is uh very important because it does directly affect them.

Sure.

And we can talk about um if it's okay, maybe we'll talk through that in other business.

Um and uh that is a consideration that we didn't consider when we were uh convening the Jazby.

Is there anybody from the public that would like to speak?

Seeing none, we'll close the open comment period and we'll do the roll call.

Ed, you want to do that?

Sure.

Commissioner Schubring, Commissioner Seconds.

Commissioner Schuberg here, Commissioner Keene here, Commissioner Woodward, Commissioner Gupta here, Commissioner Sunjam.

Sure.

Commissioner Mueller here, Commissioner Peterson.

Commissioner Peterson.

Yeah, yeah, sorry, yeah.

Commissioner Kenworthy, that's me.

Commissioner Glenn.

Here.

Commissioner Light.

I'm Nana Commissioner.

I am the environmental services director for Malin County.

Sure, of the board.

Yeah, okay.

Oh, I'm sorry, yeah.

My apologies.

That's okay.

Everyone here is but Commissioner Peterson.

Okay, so we have a quorum to proceed uh here this morning.

Uh so number three on our agenda is to do staff and board member introductions.

Um, like I said, I'm Brent Carlson, Deputy City Attorney.

Primarily handle the manage the civil side of the city attorney's office here in Rochester.

One of my duties is to advise the airport.

Uh Rochester International Airport is owned by the City of Rochester, managed by the Mail Clinic.

So I kind of am the direct conduit to John and his team at the airport from the city side of things.

A unique set aspect to me is I'm also a pilot.

So not only do I kind of represent the airport, but I'm also uh a user of the airport.

So um, let's go to you.

Um first off, thank you.

Thank everybody um uh for agreeing to be a part of this.

Um I deeply appreciate it.

Uh my name is John Reed.

I'm the executive director for uh Rochester International Airport, and really looking forward to today's kickoff meeting and um moving forward with um uh a new look at zoning for the airport.

Good morning.

Uh Patrick Keene, uh City of Rochester representative of ward one.

Um I uh might be invited to this commission because uh the airport is in ward one of the city of Rochester, but I've also shown an interest in the business of the airport, so uh glad to be here.

Brandy Schubrin, uh Rochester City Council President.

I also serve as vice chair of the Rochester Airport uh board.

And previous to my service uh on the city council, I served for nine years on the Metropolitan Airports Commission, where I think we had maybe two or three SVs going at one time.

So familiar with uh the uh Jasby process.

Good morning, I'm gonna be development director with the city of Rochester and Selfland zoning as one of the divisions under community development as well.

So happy to be here.

Hi, my name is Vinci Hupta, and I'm chair of landing zoning commission of Rochester, and I'm really interested in uh moving the airport business forwards.

I've been buddy and IDMO this for a while.

So happy to be here.

Hi, I'm Polly Blyn.

I am uh the current chairman of the Malware County Commissioners.

And um I asked our late yesterday.

Why am I on this?

She said I think airplanes go over for I live in the Grand Meadowlands.

Uh I'm Dave Sander, my uh Homestead County Commissioner.

I'm here, I think, because of an incidental ask.

You want to be on this thing.

And uh and so okay, one more thing.

Uh but uh, but I've always thought that we have the smallest uh or the finest rather small city airport in America.

I I I've never been in a small city across this country, and I've got some experiences with but our airport second to I don't I think with respect to what it is, frankly how it works.

So happy to be here.

My name is Brian Mueller, I'm the Livingstead County Commissioner uh for district four, which does include uh entire airport area and pretty much all of Southern Amstead County.

Um I have to I'm Angela Le Pelt.

Um I believe that I was asked to be part of this committee from my um administration because I have sat on the legislative um committee for airport zoning with Mindat Transportation in the past.

Um I've also been the zoning administrator for the um Waseka County Airport.

I'm involved in the joint planning um commission with the Maur County Airport, and I have sat on the um airport commission for the city of Otana.

So I do have some background with zoning in airports.

David generally Dutch County Commissioner District Five.

I'm one of the county representatives for the city of Dodd Center's airport.

Um so that was my tie into this one and uh to move into this area.

So the airport doesn't touch my district, but it is.

I mean our airport does.

So this one is just an order of the representation.

I'm happy to be here.

Okay, hi everyone.

My name is Ed Chaos.

I am the clinic supervisor at the City of Rochester, and I will be the uh staff liaison to the to the board.

So uh, and just so everybody is aware, we are reporting the meeting.

Uh this is a public meeting, so it would be recorded and will be posted uh on the city's website after the meeting here today.

Uh I hopefully through the presentation today, you all will realize why you're why you've been appointed to this board.

Um, and uh Evan, our consultant will kind of show us, I think, a map as to why Dodge County is included, why Malware County is included.

Uh obviously, I think Olmsted and Rochester are probably the obvious ones.

And then we'll also talk a little bit about like how we selected um who we were going to invite to the board and who we necessarily weren't going to invite to the board.

Uh so with that being said, um, I think we can move on to number four, which is to appoint the chair and the vice chair.

Uh typically the chair would be the person that is uh running the meeting.

Uh the um uh ordinance does indicate it that it has to be one of the four uh city of Rochester appointees.

Um and the vice chair would be somebody that would fill in in the absence of the chair.

Uh just so you all know, um, I don't think you've gotten yourselves into a huge time commitment with this board, to be honest.

I would expect that we'll probably have to meet about three times over the next three to four or five months or so to get the business before us done.

Uh otherwise I don't think we'll necessarily have a recurring meeting.

This board will just meet as needed.

So kind of anticipate coming here about two other times besides today and then as needed.

And I don't think we anticipate um you know a whole lot of need uh outside of the current issues that we need to have decided.

So that being said, uh I think we'll take any nomination for uh chair.

Would like to nominate Randy Sharing for chair?

I'll second that.

Okay, uh we have a nomination for I would like to nominate Patrick Keene as vice chair.

Okay.

I'll second that.

Okay, are there any other nominations?

Okay.

Uh all in favor of Randy Schubring as being the joint airport zoning board chair, say aye.

Aye.

Any opposed say nay?

All right, congratulations, Mr.

Schubrin.

You are the chair.

I'll let you take the meeting from here.

Did we make the appointment for vice chair as well?

Not yet.

Uh uh, we have a nomination of Patrick Keene as vice chair.

Are there any other nominations?

Hearing none, all in favor of Patrick Keene as vice chair say aye.

Aye.

Any opposed say nay.

Congratulations.

Next we have the order of the agenda.

Are there any changes to today's agenda?

Seeing none, is there a motion to approve the agenda?

Okay, so move.

Second motion has been made uh and submitted.

All in favor say aye.

Aye.

Any opposed say nay.

Moving on to adopting the Roberts Rules of Procedure.

Mr.

Carlson, did you want to give us a briefing on that?

Yeah, I would just note that I don't think any of you necessarily need to be experts in Roberts Rules.

It's just kind of the standard that we use for public meetings.

Um you are all, I believe, public officials for the most part.

So you're familiar with what the Roberts rules are.

And again, this is just kind of reaffirming the commitment of this board that we will conduct meetings in an organized and orderly way, uh, following Robert's rules.

So I would just look for a motion in the second um to adopt Robert's rules.

Is there a motion?

I still move.

Moved by Ms.

Holly.

Most moved by Commissioner Gupta and seconded by Commissioner Glenn.

All in favor say aye.

Aye.

Opposed say nay.

Motion passes.

Uh, our consultant informational briefing.

Okay, uh, this is kind of where we'll get into the meat of the meeting here today.

So I'd invite uh Evan Barrett forward here.

So Evan, if you want to sit, stand whatever you feel comfortable.

And maybe if you could just give uh the group uh introduction.

Sure.

Yeah, so uh good morning, Mr.

Chair, members of the board.

My name is Evan Barry.

I'm an airport planner with Mead and Hunt, and we're the airport's planning consultant.

So I was involved with the recent master plan updated at the airport.

Uh, have some experience working with zoning in various communities around the state of Minnesota.

So um, so I'm here as kind of a technical expert to help guide the board um in its deliberations, answer any questions you might have, help kind of navigate this process with you.

So um this map here shows uh the what are called the federal aviation regulation part 77 imaginary services.

So these are airspace services that slope out from the airport um that need to be protected in order to maintain uh the ability of the airport to get aircraft in and out uh reliably uh and in all different weather conditions.

And so we use these surfaces to determine what are the effective jurisdictions uh for the zoning ordinance.

Um and you'll see later in my presentation, the current zoning ordinance only goes out uh roughly two, two and a half miles.

And there was recently some updates to the state statutes that removed uh prohibition on zoning beyond that.

Um so when the original zoning ordinance was passed, there was a much smaller area that was affected.

Um and so there were you know more of the townships involved.

Uh but with this with the current um airspace services at the airport and the current state statute, uh we wanted to make sure we were getting representation from all of the areas covered.

So these services here, they go out 10 miles, uh roughly 10 miles.

So that's why we have the four counties that are affected.

And then within those services as well, I think there's well, I want to say 12 townships, which under the state statute are considered municipalities.

Um and then there's also the city of Stewartville and the city of Byron that are affected.

Um and so if we had invited representatives from all the townships, all the cities, all the counties, we would have had a board of roughly 40 individuals, uh, which just is very difficult to manage.

Um so our um you know, our solution to that was to invite all of the counties to make sure that we're representing all the geographic areas uh surrounding the airport.

Um that's that's kind of the background on that.

And I would just add that we did obviously um Fillmore County is included in this.

We did invite Fillmore County, but they elected not to appoint any representatives.

So that's why you don't see anybody from Fillmore here, but they were invited.

I'm just gonna flip forward a bit here.

So uh commissioners uh would that do they do they lose their seat at the table?

Should something come up that would affect Film or County, would they be able to come back and sit here able to have a vote?

Um so the statute makes very clear that you get 60 days to provide.

So we sent out all of the letters certified mail, we got returned receipts and everything, and the statute makes clear that um the counties get 60 days to provide a response to us, and they did not only did they just not comply within the 60 days, but they didn't send anybody to us, period.

So the zoning decisions that this board makes will be applicable to Fillmore County as well, even though they don't have representation at the table.

And Mr.

Chair, uh, and then never into the future 100 years from now, will they?

Is that what that's that's okay?

Yeah, that's true.

Commissioner King.

I said a quite I don't think I've ever sat on a board that has an even number on it before.

Can you comment on that?

Um well, uh, so we as a um it's kind of an unusual situation under the state statute.

Um cities of the first class are treated a little differently.

So Rochester is the city of the first class, and so under the state statute, the um the city representative that gets appointed as chair.

I've been involved in other uh zoning orders, you know, processes where it wasn't the city of the first class, and therefore the chair was selected from uh the full uh kind of uh area jurisdictions that were involved.

Um and so in that case, the jury the chair is an uh a board member in addition to the actual Jazby representatives and they don't have a vote that they have like a tie-breaking vote if all right.

So we don't have a tie-breaking vote here, obviously, so with the even number.

Um, and so you know, I guess that that's something to keep in mind, and it's a good thing about now.

All right, thank you.

Mr.

Chair, go ahead.

Uh I would just note that again the composition of this board, and if you all want the statute, it's 360.063.

Um, it makes clear that cities of the first class get four appointed representatives, and then it also says uh two from each county in which the airport hazard area is located.

So the statute says that each county gets two individuals.

That's why um we invited two from each each of the counties.

So if we're not yeah, go ahead.

So if we're not uh we don't we we can be a little more of a kitchen table.

You're not my colleagues on the city council.

Keep that in mind.

Um so I'm still struggling with why Stewartville wouldn't be representative represented in this um the would he actually throw in the the uh third or the deciding vote if you didn't have a lot of uh uh depend right.

I guess I'm not I'll share a couple other kind of observations.

So I guess first of all, you know, and then future meeting, I'm gonna get into some of the details about how what the new state model ordinance, how it differs from the current zoning ordinance.

And I think you'll see that you know the impacts on city of Stewartville are fairly minor compared to what the current impacts are.

We can get into that at a future meeting.

I have a lot more detailed information I'll share later.

Another thing I guess I would point out is that you know, the airport is very close to Rochester Township, Rockdale Township, High Morris Township, located in High Forest Township.

We did not invite any members from those townships either.

And if we were to invite a member from the city of Stewartville, um, you know, I think in all fairness, we would need to invite members from those townships.

So it was kind of like we had to draw the line somewhere.

No, not necessarily.

So I guess that's that's what my observation is when we don't have to invite all the townships that's you know that the although they do their own planning and so on, but the spoilers of Stewart Stewartville.

I mean, yes, this does directly affect them.

Under the state statute, the townships are considered municipalities.

Um so we invite all the counties and and and the city representatives from Rochester raise the city of the first class, and this is a city-owned airport.

We have not invited any other municipalities other than that.

So you know, there is a distinction there where you you know have to you'd be picking and choosing which municipality you're inviting.

So can I can I just add something?

Uh also when two representatives from each county was selected, it was up to the counties to who they wanted to send to those positions.

And correct me if I'm wrong.

Uh if uh a county representative of someone here at the table uh chose not to continue, you can go back and select someone else that fulfills that uh that they live in in the county, and they could be a member of uh of a township board, or they could be a resident in a township board.

So uh so there is that ability to have that representation closer than uh then um you may think we have now.

Well, I still struggle because it's its own municipality, and I I don't know why we're trying to avoid them.

Yeah, I think what Chair Schuebring has said is is accurate, and uh again, the statute says um you know two from the county board municipality.

So this was written up in 1957 contract or the uh uh drug appointment I I think maybe the original joint airport zoning board was um from 1957 um but we're working off a statute that's um much newer than that I don't know when the lab looks like maybe the last time this was updated was in 2019 for when they expanded the runways I would imagine okay yeah I still think we're shortening people out here and in the rural likely the sun as long as they're this far into connect and I don't think there's just function Australia that's good has this has this authority at least existed on paper for a long time but was never used because that okay yeah and like I said this is a joint airport zoning board has met in the past um but it's been probably a decade and all of the prior members um terms had had expired.

Well let me just ask another question uh then uh because somewhere in the late 90s when they were doing a lot of uh sound remediation uh houses up in the twin cities uh the the crooks came along and put that golf course out there and I think tell me what fixed people it was and their grand plan was to put uh you know homes around the golf course and our city consul at that time intervened and uh if you will zoned took took their authority to do that away through zoning at the city council level and so I'm saying one of your is that was out of the legal act with did the did the council act inappropriately at that time it should have that and then the you know it looked like it probably on that northwest white though uh yeah that would bet my house on it uh but anyway why don't we get into it just everything's got a history yeah yeah and that go ahead but it was in the airport zoning but it was not in the city zoning yeah we because there is there is parts that are uh we we enacted a zoning ordinances in your ordinance that recludes balls in that area and again I was trying to happy about it they got a golf course on it but they didn't get yeah they didn't get the profit centers around because there are a lot of homes out there that I believe are built on industrial land but they're in the airport zoning and the township zoning maybe the council acted as this body at that point I think not that they're no it's interesting history though continue yeah yeah so uh the majority of my briefing is basically just explaining why we're reconstituting the JASB uh what the process is going to look like and what kind of the goals of the JAS we are uh so first I'll talk about why are we updating the airport zoning ordinance and there's uh basically three reasons for that first of all uh the Minnesota state legislature updated its state statute related to zoning in 2019 uh I'll give into some of those changes but it did change some of the process associated with the zoning it also changed um some of the actual um you know technical aspects of the state model ordinance and also introduced some some new custom uh approaches to zoning um that jazbees can uh consider second reason uh minot uh this office of aeronautics revised its airport zoning rules earlier this year and I'll get into what those changes were as well and then finally um in 2021 the airport completed an airport master plan which changed some uh some of the planned future conditions at the airport and the zoning ordinance under state statute is supposed to be based on the future planned future condition of the airport in terms of the runway endpoint locations and the types of approaches instrument approaches there are at the airport um and so uh the updates to the ordinance should reflect uh those changes to the airport master plan i'm gonna touch this briefly on that third point uh so this is what's called an airport layout plan so under um state and federal rules in order for the airport to be eligible for state and federal financial assistance for capital projects they have to have an airport layout plan on file with the state VOT and the FAA.

Um so this is the airport, the future airport layout plan that came out of that master plan, and a few differences.

The main difference that really affects zoning is that uh the major proposal was to shift the secondary runway to the southeast, and it might be a little confusing because the north I think is is not up on this drawing.

Yeah, um, so but the north kind of north uh um this is what's a secondary runway.

The main runway is 1331.

So here's the airport terminal.

If you're familiar with the airport, here's the main runway.

There weren't a whole lot of major changes with the main runway, but for the secondary runway, the master plan proposed shifting the runway towards the south and extending the runway further in that direction as well.

We also proposed uh putting what's called a precision approach on the South Runway N, which requires that longer surface that goes out 10 miles to the south.

Um, and the reason that that's required is because the precision approach allows access to the airport in inclement weather conditions, so low visibility conditions primarily.

Um, and so there needs to be a lot more clearance around that approach in order to allow the aircraft to get hit and out safely in those conditions.

So those are the main changes.

So that will affect kind of where those zones lie and this the size and dimensions of the services as well.

So the purpose of the JASB is primarily to adopt an airport zoning ordinance, and that airport zoning ordinance is intended to protect the airport, make sure there's a reasonable level of safety around the airport, but also the JASB is charged with considering what surrounds the airport, what are the impacts on the community?

And that's something we'll certainly talk about as part of this process is you know, um making sure that the we're balancing safety with you know uh compatible community development.

Um the role under that process is you know, the JAS will consider the statutory requirements, provide opportunity for public input, and then once we've gone through that public hearing process, the JASB will uh adopt a draft ordinance that will go to the state DOT.

And the state DOT has to give it their stamp of approval before it can be formally adopted and finalized and integrated into all the city and county codes.

Um so once once MINDAT has put their stamp of approval on it, the JAS meeting will adopt it and then it will transmit it to all of the affected uh jurisdictions to incorporate into their codes.

So can I clarify?

So are you saying that uh from a local standpoint uh this we are the top of the line as far as jurisdiction?

Our proposal does not go to the county board and our county boards here nor the city council.

Um so under the new statutory rules, um, there used to be kind of a loophole where the you know the affected jurisdictions didn't necessarily have to accept the zoning regulations, and that's why you know a lot of Jazby's were you know formed years ago, adopted these ordinances, and then kind of disbanded, and a lot of the ordinances haven't been enforced.

So some of the statutory updates were intended to make sure that the local jurisdictions understand that they are legally obligated to take the ordinance that is taken, you know, adopted by the Jazby and implement it or administer enforcement.

So you know, in that respect, yes, I think answering your question is yes.

Can I just translate that yeah?

So the zoning uh plan, if you will, that's adopted by this body at some point in time will supersede all the plans of all other jurisdictions and remove those jurisdictions of any decision-making authority.

No, no, so right.

So the airport overlay uh you know supersedes the underlying zoning only in cases where it's more restrictive.

There will be cases where the underlying zoning is more restrictive than the airport overlay.

And I would argue that that's the case in any place in the city of Stewartville for the most part.

Um, but the the cities and jurisdictions that have zoning authority are responsible for making sure when they go through a permitting process, you know, for any sort of new uh you know uh construction that they are considering that's considering this airport overlay as part of their permitting process.

And if they determine that the airport overlay, that there's a conflict with the airport overlay, you know, they they are required to either deny the ordinance or send it to a board of adjustment for variance.

So to make this clear, so I'm living or working in Maurit County.

So this board will adopt an ordinance that in Mallard County I'm going to be required to enforce.

And so in that overlay zone, we're gonna look at like height restrictions, land use restrictions, and I have to incorporate that into my ordinance.

Let me make sure that's clear to I would say that the further out you the you know the jurisdiction is from the airport, the less likely that the underlying zoning is gonna be less restrictive than the overlook.

Yeah, the closer you are to the airport, the more conditions and restrictions there are as you as you go out.

You think of like a I always think of it like a stadium.

So you're in the center of the stadium, the restrictions are greater, and as you move out, it's what they call a conical zone.

Okay.

Like an upside down wedding cake.

I know, yeah.

You go out of the other questions on that?

Good questions.

Just for my understanding, could you give an example of less restrictive zoning versus more restrictive zoning?

So uh I guess I'll just skip to the next piece here, which I think will help.

So the current airport zoning ordinance, this is the zoning ordinance map.

Um, I believe the original ordinance was adopted in the 1970s and been amended several times since then.

The last time that it was amended um was in 2005.

So the current ordinance reflects what was adopted by the JAFB you know 20 years ago.

Um, there are two separate elements to the zoning ordinance.

There's land use restrictions and there's structure height restrictions.

So the structure height is the structure height uh restrictions go out much further than the land use restrictions.

Um and so you know, you're gonna find that you know.

So for example, I would say in some of the outlying counties, like for um thinking about Dodge County, which only has a very small portion of the surfaces.

Um, you know, there's no land use restrictions associated with the ordinance in Dodge County for the model or the state model ordinance.

There's only structure height restrictions.

So that's the only thing that needs to be evaluated in Dodge County were the JASB to adopt the state model ordinance.

However, closer into the runway ends, you know, land use restrictions are associated with uh what's shown kind of in this hatch, these three different hashed colors, which I'll talk about a little more.

But the inner zone is called zone A, and that's the most restrictive zone.

In that zone, you can have no structures of any kind.

If they're existing structures, they can be grandfathered, but any new structures are not supposed to be built in that area.

So there's likely underlying zoning, you know, in the townships in zone A that allows you know, farmsteads or you know, um, or barns, you know, how buildings, those sorts of things under this, under the the overlay ordinance, you know, any new structures of that type would be would not be permitted.

So that in that case, the airport overlay is more restrictive than the underlying zoning.

However, I would say in the city of Stewartville, which right here is in what's called zone C, the only land use restrictions in zone C are associated with making sure that pilots can fly safely in terms of their visual um ability to, you know, their ability to see and respond, see and avoid, um, and also their ability to use their instruments.

So the types of things that would be permitted prohibited in zone C are very tall towers, you know, that may have like radio towers that may interfere with you know um the eight yachts in the cockpit or smokestacks that you know uh create smoke or like thermal plumes that may affect the safety of aircraft in flight, those sorts of things.

Um, those things are typically not accounted for by like an underlying zoning, but you know, and it is less restrictive in the sense that it's not regulating anything.

If you wanted to build a factory out here in zone C, this is not gonna affect your ability to build that factory unless you're building a smoke stack or something like that.

Um the underlying zoning might say you can't build a factory here.

And that's in that case, the underlying zoning is a more restrictive.

Yeah, yeah, I live in the land of wind turbines.

Yeah, and they're very tall.

And are any of those in uh violation or will be good question?

I don't know.

Uh we could certainly look into that.

Uh if that's you know a question that we want to get answered to.

Okay, thank you.

I remember when I was with Wasika County, we had to um have a landowner remove their trees.

Now I can't remember if that was a zone C issue or zone B.

So I mean, it's just not buildings and construction, it can be height, anything with height, including trees.

I mean, I think again, trees, you know, the tallest trees in this area are like 100, just over 100 feet.

So that's only gonna really be affected closer to those runway ends again.

It's not going to be affect the trees that are in the zone C or even you know further than like maybe 2,000 feet from the runway end, those trees are probably just fine, unless they're on a hill, you know, in which case, you know, maybe there'd be an issue there.

So again, as I said, uh the intent here is to update this this ordinance and map to reflect the master plan uh recommendations in the state statute rule updates.

I talked about the master plan recommendations.

I'll talk about the state statute rule updates in a moment.

Um, but first, just to give it a kind of uh overview of what the land use restrictions are, there's three different zones.

Zone A, which is right off the end of the runway, and what's called the approach zone to the runway.

Zone B is kind of the outer approach, and then zone C is kind of this area that protects uh for aircraft that are circling the airport, circling the land or or you know, taking off and uh you know turning.

So safety zone A cannot contain buildings, exposed transmission lines, or uses the creator attract large groups of people.

So that is by far the most restrictive zone in that zone A.

And under the new statute, it only extends 4,000 feet from the runway end for all four runway ends.

Uh right now, uh those zones actually extend further than 4,000 feet.

So if the JASB were to adopt the new state model ordinance, zone A will be smaller than it currently is.

Um goes for zone B.

Um the state statute revisions uh reduced or state rule revisions earlier this year, uh reduced the maximum length of zone B to 2,000 feet, whereas currently it's it's longer than that.

But in zone B, uh it's mostly uh density restrictions.

So you know, um, there's a minimum lot size for any sort of development, and then there's also some uh restrictions on large groups of people.

So, like you wouldn't want to build a stadium or fairgrounds or something like that in zone B.

And then zone C is kind of circling area, and that's just intended to make sure that the aircraft are safe in flight and not really associated with the aircraft landing or taking off as much.

Yes.

Who is predetermined where zones A BFC are they're all identified in line?

Is that something that does a consultant have done?

Right.

So I'll get into a bit more detail on this in another general presentation.

But yeah, so it's gonna be different for every airport, but it's based on uh they'll say three things.

The first thing is the runway end.

So the runway end you know affects where those the service starts.

Then then the runway length affects the length.

So the the zone length is based on the length of the runway.

So every runway is a different length, so it's gonna be different for every single runway.

Um, and then the third difference is gonna be what type of instrument approach, or if any, that runway has.

And so if it has an instrument approach, the zones are bigger.

If it has an instrument approach with that's accessible in very low visibility conditions, they're larger than they would be in those higher visibility conditions.

So basically what we do is we take what the statute says we're supposed to do and apply it as consultants to individual runways to determine what those you know, how it applies in specific cases.

So longer runways are gonna have larger safety zones, smaller runways, shorter run at least are gonna have smaller shorter safety zones.

As well as the instrument approach, right?

Go ahead.

Just add it differently.

Um those zone uh things would be prescribed, will come from the math, or will those be decisions by this board.

Uh well, I'll get into that in a minute.

Okay.

Um so in terms of airspace restrictions, um, you know, the current ordinance also has airspace restrictions.

Under the old state statute, those airspace restrictions were limited to up to one and a half miles beyond the airport boundary, and in the approach zone up to two miles beyond the airport boundary.

So one of the big changes in the recent statute updates was that requirement or that limitation has been removed.

And so now the state model ordinance goes out that 10 miles off any precision instrument runway, whereas before it was limited to that two miles.

And so now there's a lot more jurisdictions that are affected than there used to be.

Um, and you know, again, the restrictions out beyond that two miles are only for you know very tall towers, radio towers, smokestacks, things of that nature, that you know um uh, but not necessarily like residential or commercial or industrial, not those sorts of things.

Uh but what it does do removing that limitation is it protects the airport and the ability of aircraft to get in and out of the airport in almost any weather condition.

So as we saw on the previous map that showed the three long approach surfaces.

Um Rochester, the city the Rochester Airport is very lucky in this because it's it's rare for an airport to have two precision instrument approaches, which it currently does, and we're planning a third one.

And the whole intent of that is to make sure the airport is accessible all the time.

That was also the reason that we shifted the rug that the airport shifting the runway, extending it, making sure that airport can get aircraft in and out in any weather condition, practically any weather condition.

There's still maybe situations where you know there are delays or cancellations or diversions, but the intent is to make sure that um aircraft can get in and at any time.

Yes, you're you're seeing a proposed additional runway.

Where's that one at?

And does your zoning or your your diagram reflect that same aspect of it?

Yeah, let me go back again here.

Uh runway or yeah, it's not a new runway, but oh so you're just talking the 15 mile southeast or or right.

So the second runway were being shifted extended, and there's a new approach that's planned for that runway.

Yeah, I just did everybody run.

Yeah, I apologize.

But I agree with like you.

All right, so state statute updates.

Um, this was in 2019 when these updates were made.

Uh, there's a number of different changes.

I think that the two I really want to highlight, I have in bold here, which one I've already highlighted.

Uh it eliminated those provisions establishing those limitations of two and one two miles for the approach zone, one and a half mile for um the overall air space kind of surrounding the airport, and then one mile for um certain land use restrictions.

So those are now gone.

Um the other piece that I just really want to highlight here is that um whereas before airports um were obligated to adopt the state model ordinance.

There was no alternative to the state model ordinance.

Every airport was supposed to adopt the state model ordinance.

However, there were cases where airports simply refused to adopt it because of the impacts, and so and the MINDAT recognized this, and so they proposed that you can adopt the commissioner standard, it's called the commissioner standard ordinance.

So that's the DOT commissioner standard ordinance, or the JASB can adopt can elect to pursue a custom zoning ordinance approach.

Now I'll get into this a bit more in later meetings, but we recommending we will be recommending that the Jazz B adopt the state model ordinance.

Of course, JASV can do as it pleases, but that uh there are two options available to the Jazby adopt the model ordinance or go through a custom process to adopt a custom ordinance for the airport.

That custom ordinance process is much more involved, much more likely.

There's a lot more documentation that goes into it.

Um, and so you know, there are cases, there are a handful of cases where airports have done that since the state statute updates.

Um, but I would I I would say those situations are unique situations with a very constrained airport that's within an urbanized area where there's some serious you know conflicts with the state model ordinance.

Um I think the other thing I'll point out here, um you know, I mentioned earlier this added requirement that the zoning regulations be incorporated and made a part of the comprehensive zoning regulations that current previously in the statute, so a lot of the affected jurisdiction didn't adopt it and didn't enforce it.

Um, and then also a requirement to consider it as part of a comprehensive plan process.

Every comprehensive plan that a municipality adopts now has to consider the airport zoning um as part of that process and document that so the state rules uh kind of followed on that statutory uh revision, and they were just adopted earlier this year.

Um, and the major one that really affects Rochester is that now there are maximum lengths to zones A and B.

Whereas before zones A and B when considered together were the length of the runway.

So I mean John or Kirk helping us the length of the main runway at the airport.

9,000 feet.

9,000 feet.

So uh under the current the previous rules, if you added up the length of zone A and zone B, it'd be 9,000 feet.

Under the new rules, the maximum zone A length is 4,000 feet, the maximum zone B length is 2,000 feet.

So now basically reducing the size of overall zone, that approach zone and land use restrictions associated with it would be reduced by 3,000 feet in the case of the main runway at Rochester.

So that means that there's areas further out from runway end that will no longer have land use restrictions in place if the JAV B adopts the new state model ordinance.

But right now I think that's the important thing to understand.

So finally, I just have a kind of a trajectory, if you will, of how this process would go if the JASB were to kind of follow all of the basic steps in the process to adopt an ordinance.

And I know Brian, you were planning to maybe talk a little bit about future topics.

Our next meeting we'll get into a lot more of the technical details.

And we intend to show you what the new state model ordinance looks like for Rochester, like all the details associated with that.

We'll also provide some case studies of where else in the state airports have adopted custom ordinances and how that process works.

And then you know, assuming that the board is ready to make a decision at that meeting, we would um, I guess put on the agenda um you know decision to go one way or the other, whether it's commissioner standard or custom.

We you know, we could have a follow-up meeting after that if the board wants to consider all the technical information and make that decision at a later meeting.

But you know, in the event that you know that there the board decides to move forward the standard or custom.

If it's custom, we have to have at least one extra meeting to talk about all of the documentation that goes into that.

We'd likely have to prepare a very detailed analysis that we repair it that that meeting.

So basically, if it's a green box, it means it's optional.

Um, whether it's because it's custom or something that comes up in the process.

The blue are really kind of the main required um meeting.

So let's say the JASB decides to go forward with the standard Mr.

Standard Ordinance, we'd skip that meeting, we'd go to this one where we present the draft consuming ordinance with the text and map at that meeting.

The JASB could adopt or a draft for the ordinance, but then we're a public hearing.

So then after the public hearing, we reconvene the JASB to look at the comments and responses and then develop responses if necessary to those public comments.

Um at that time, if you know the comments, you know, don't affect the content of the ordinance or responses don't affect the content of the ordinance, then the JAV could approve the draft zoning ordinance, send it to Mendot for their stamp of approval.

Once MindOc reviews it, send any comments or approvals, Jasmine reconvene.

At that point, if MINDOT approved the ordinance, the JASB can adopt it at that.

If Mindot says, you know, there's some things you need to change, or we don't agree with this or that, or it's not consistent with the state model or whatever, there could be a need for another public hearing.

So if there's any revisions to the ordinance that result from that, so um hopefully you know you just have the one hearing and then MindOt approves it.

Uh, but there's a possibility that there might be to be a second round of public input depending on what Mindot's response to it is.

Um, and then I just is there a board of appeals process for this anywhere or yes, or is it uh in the district board?

Um, so the JAS B has the ability to determine what is the board of adjustment or appeals for the ordinance.

So in some cases, the JAS in some cases and other you know, situations that are in the ordinance in the state, the Jaz B establishes a board of adjustment that's specific to the filling ordinance.

There are some JASB that have done that.

Um, there are other Jazbies who assign their board of adjustment responsibilities to like an existing board.

So, like a city it could be the city of Rochester Board of Adjustment or Board of Appeal or the County Board of Adjustment Board of Appeals.

So that's really that's a big piece of even on the state model ordinance.

That's a decision that the JAS B is to make is who is the board of adjustment for the board of appeals.

Questions on that?

That's the end of my presentation.

Can I actually have question uh in preparation for our next meeting?

Uh will we get a packet of materials that we can uh review prior to that and and how soon before our meeting will we get though?

Yeah, so we we've prepared most of the material already for that.

Um I would say we could have it ready to send to the JAS B for review before the holidays at the end of the year for sure, if not sooner.

So if you know we're establishing a new date, um you might want to look down out at least two weeks beyond the new year, maybe just to make sure you know we have time to assemble it, review it, make sure Brent is good with it and share it with you.

Yep, good.

Go ahead.

And the page before it came clear that uh we're going to have a draft ordinance before we have a public hearing.

Right.

And I think that's to try to direct, have them have something to respond to.

Is that a staff decision to have the public hearing after we have a draft, or is that uh uh uh provided uh by the mandatory requirement, or that's how the process worked out of the statute.

Okay.

And you've switched back and forth between um existing new rules and ordinances, and the rules appear to be min dot interpreting the ordinance and creating rules.

Um so both the statutory and rule updates go through like a very lengthy like public review process and deliberation.

Um but the statutory requirements kind of provide the framework for the process, like for so for instance, like the whole thing about do you need to have a draft ordinance for public hearing?

That's in statute.

Yeah, you know, uh, but then the rules really kind of dive down more at the technical details, and I think you know the intent is that the the agency, the state agency staff develop the rules because they have more familiarity with like the technical aspects of their I believe so, but my question was really kind of leading up to those rules can be changed by the next administration, or are they solid?

Um they they very rarely are I don't I don't even know if last time they're ever did this with like a field out of data, like I okay.

Very stable stuff is what you're telling me.

Okay, all right, just checking.

One question.

Um all these changes that are happening with the uh with the with us going out 10 miles and meaning with a little any kind of weather.

Is this uh uh kind of any in any way related to the services at the airport going up, like we're getting more uh you know, more flights annual, you know, more airlines serving us, or we just doing us instead of that until we change.

Well, um the um the airport um identified an issue you know during its planning process that the um current approaches at the airport uh were inadequate to you know make sure that especially given the presence of the mail clinic here and a lot of the importance of on time arrivals and departures, both for patients and for medical samples, you know, was something that the airport was lacking in.

Um and so you know that was a big driver behind the decision to uh institute a third instrument uh precision approach at the airport was to make sure that there's there's you know very little popularity of there being any delays in kind of those time-sensitive types of operation.

Yeah, um and you know, there is a significant community benefit in terms of as far as like passenger flights as well because it will reduce the you know the the um the frequency of cancellations perversion departure uh those sorts of things.

Um I'd also mention that um as part of that planning process, we analyzed the weather conditions at the airport and compared it to a lot of other airports in the region, and there's something about the location of the Rochester Airport that makes it very susceptible to fog and low visibility conditions.

And it is actually a very it's an unusual case compared to a lot of the comparison uh case studies we did as part of that plan class.

And so Rochester is uniquely situated such that it needs more uh approach capability than other similar airports.

Okay, thank you.

Thank you very much.

We'll have the rent or Mr.

Chair, Mr.

Mr.

Harrison.

Yeah, I I think other business, I guess.

I would just say yeah, thanks to Evan for the presentation and kind of you know, uh next steps will be scheduling another meeting.

Uh and I would suggest that since we have almost everybody here that we kind of pull out our calendars and try to find that next date, maybe the first couple weeks in January.

Is that okay?

Yeah, Evan.

And I think that will really be the technical meeting where Evan will present to you sort of the model ordinance, uh custom option.

And I think what we'll be seeking from you all after that meeting is which direction the board wants to go, whether it's again, we're gonna be recommending the model, uh, but we just want the direction from you all as to what which way we're going.

And then sort of a subsequent meeting to that will actually be uh hopefully uh we can have a public hearing, we'll have the proposed ordinance drafted, ready to go.

Um, and would would be in a position to have a public hearing on it at that point, and then have this board formally vote to adopt the the ordinance, and um that could be the end of the the work for this board uh for the time being.

So um do Friday mornings work for uh everybody.

I'm just looking at like Friday, January uh 9th at 10.

Okay.

All right, this is any other data.

Oh I have a question on do we know if uh Commissioner Peterson was there a time problem for him?

You know, I never received a response from um Commissioner Peterson, so I don't know if Mr.

Clonorthy did not uh relate to me anything that it was that was uh blocking him from coming here.

So I'm assuming he might have just missed it on his calendar.

So I'd be surprised if we can see.

Um I guess the ninth doesn't work.

How does the ninth work?

Mr.

It doesn't work for Mr.

Reed, and I think we need him here.

So about the 16th, is that is that too far out?

The 16th works.

Um Friday, 10 o'clock.

I think that's I'm seeing head nods, sir.

Does that on again?

I promise my wife and does that not work it didn't matter.

The 16th has not worked for you either.

It does not, my apologies.

Okay.

Um what works for you, Mr.

Again?

I deep apologies to this group.

Um 23rd.

The week of the 19th.

I can do the 23rd.

The 23rd.

I'm good on turn.

Okay.

23rd.

All right.

23rd at 10 o'clock in this room.

Does that work for everybody?

Yep.

Okay.

Mr.

Chair, can I just ask one kind of technical question before we go?

Because I don't want to worry about this for a moment.

Um how far uh can uh either urban residential development or suburban residential development.

How far, if at all, can that go uh be you know be cited in alcohol the conical area or can it at all?

The comical area if they're actually permitted.

So zone A, you know, goes out 1,000 feet from around my end.

Right.

And you can't have any new structures right, and then zone B goes another 2,000 feet.

In there, there's just a density restriction.

So you couldn't do like a suburban development, you could do large lot type residential development, you know, in that area.

Okay.

Um, but anything else around the airport, there's no restrictions on residential.

Thank you.

We're not planning on building regular reporter.

Are there any other businesses?

Somebody will put it in the middle of the year.

Once this is adopted, you're saying that each county that is represented here does not have to adopt that at their meetings, or do we just need uh if you could just say that you're on camera if you could just come up here and answer sure um my understanding, Brianna, maybe we can dive into the the language we are going to come here.

But um my understanding of the saturator requirement is that the affected jurisdictions have to adopt whatever the Jazz be adopts.

Okay, um and has to administer and enforce it.

Okay, yeah, all right, thank you.

And I guess maybe just the final thing I would say is like that's the statute.

Um I know there was some discussion at the beginning of the meeting.

And if any of you think that now that you're here, you kind of understand what the the JASB is all about and what our mission is going to be.

If any of you don't think that maybe you're the right person for this job, and there might be somebody else that would be better served.

Um, by all means, um, we're not we're not able to add additional people to the board at this point, but we certainly would consider a a swap out if any of you think that maybe um somebody else would be better suited.

So just let us know.

Um, but I just wanted to put that uh that still flies over my call in my year.

Mr.

Chair, there is public input um and public comment, and there's a public hearing.

So all of those aspects can represent in that aspect of it too.

So and I would just if if you go back and you have people in your respective counties asking you about the Jazby, this is an open meeting, and any member of the public is welcome to attend.

There's an open comment period at the beginning.

So if anybody wants to come to express their thoughts, whatever they may be, um they can certainly do that at the at the next hearing, even though we won't have a public hearing at the next meeting.

There's always the open comment period where members of the public are welcome to speak.

Thank you.

Any other business today?

Seeing none, is there a motion to adjourn?

So moved.

Moved by uh Commissioner Kenworthy and second by Commissioner Mueller.

All in favor say aye.

Opposed say nay.

We are adjourned.

Thank you.