Agenda - Council Work Session - 03/23/2004

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assistance to properly review the application. City Council would also have to define and establish acceptable noise levels. In 2002, City staff drafted two variations of an ordinance for Council consideration. Version A required all helicopter operations to be licensed by MnDOT. Version B required all helicopter operations to obtain a conditional use permit from the City and be licensed by MnDOT. Recently, Ham Lake's ordinance regulating aircraft was tested in court. In summary, the City of Ham Lake enacted an ordinance restricting helicopter operations to- certain districts and required that the operator obtain a letter of approval from the .FAA. One such aircraft owner got his FAA letter and made a test flight the night before the ordinance was to become effective in order to establish 'grandfather' rights. The FAA letter stated that in this particular case the aircraft take-off and landing area should be maintained with warning signs. The aircraft owner put one sign in a snow bank and the City determined that it was not sufficient and the grandfather rights were revoked. The Courts decided in favor of the City. Councilmember Cook inquired as to what the main concern was. Communky Development Director Frolik replied that noise and safety are issues of concern. Councilmember Kurak questioned the difference between the City's draft ordinances and the Ham Lake ordinance. Community Development Director Frolik explained that the Ham Lake ordinance is more specific and identifies specific areas where heliports are permitted. Councilmember Zimmerman stated that he felt that the City should require a license by Mn_DOT. City Attorney Goodrich noted that they are not talking about a specific case or property, they are looking at the entire City. He recommended that the Council identify areas where helicopter use would be prohibited and areas where it would be permitted. Mayor Gamec stated that he did not think that helicopter use should be permitted in any urban area. The ordinance should also require certain distances from power lines, water towers, and radio towers as well as a minimum acreage size requirement. Councilmember Kurak stated that any use within the MUSA should be totally out of the question. Community Development Director Frolik noted that they would include a minimum parcel size. Mayor Gamec recommended that the ordinance include landing pad requirements, and a list of restrictions. City Attorney Goodrich explained that the intent of the case was to update the new Co'uncilmembers on the issue and provide staff with a consensus if they should proceed with drafting a helicopter ordinance. City Council Work Session/July 8, 2003 Page 4 of 5 -7-