Agenda - Council Work Session - 07/08/2003

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05/177200~ 14:54 LRL~ OFF~CE 2140 4TH RUE -~ 427bb4~ NU.b¥4 ~4 Steve.n M. Tt~.uI, Appellant, vs. State of Mim~esota, Respondent. C9-02-I 365, Court of Appeals Published.:. Page 2 of 9 at issue did not violate the Equal Protection Clau~e of the Fourteenth Amendment and was not constitutionally. void for vagueness. FACTS In October of 1998, appellant received the first in a series of letters from the City of Ham Lake (Ham Lake), informing appellant that the city had received complaints regarding appellant's operation of a helicopter from his property and requesting 'that appellant cease doing so. On November 10, I999, the Ham Lake City Attorney advised the mayor and the city council that the current ordinances flaen in effect would not apply to appellant's helicopter activities and suggested zoning amendments as a possible solution. The eit~ council discussed appellant's helicopter use at a council meeting on December 6, 1999, and directed the city attorney to draft a.n ordinance clarifying wheru heliuopt~s may take off and land in Ham Lake. At the city council meeting on January 3, 2000, the council again discussed helicopter regulations, agreeing that requiring a Federal Aircraf~ Administration. (FAA) approval letter as part of the ordinance would be helpful by providing needed expertise in this area. The council then completed the first reading of an ordinance regulating where helicopters may take off and land in Ham Lake. On January 18, 2000, the eoun. eil adopted Ordinance 9-470 (ordinance), regarding the operation ct helicopters in certain residential areas. The ordinance reads as follows: 9-470 Operation of Regulated Aircraf~ It shall be unlawful for any person operating a Keg-ulated Aircraft to take off from or land upon any land in the City of Ham Lake except as provided herein. 9-470.1 R-l; R-M; R-2; ML PUD; PUD; RS-I and RS-2 Zoning Districts Regulated Aircraft are prohibited from landing or taking off in the R-1, R-2, R-M, ML-?LID, PUD, RS- 1, and RS-2 zoning districts * * *. 9-470.4 Exemptions The provisions of Article 9-470 shall not apply to any regulated aircraft which was being used on or before March 1, 2000, if the location from which landings and takeoffs occurred had been approved under a favorable determination letter dated prior to March 1, 2000, issued by the Federal Department of Transportation, Federal Aviation Administration, pursuant to Federal Aviation Regulations Part 157, or any other pertinent regulation, after due notice and review by said agency. City of Ham Lake, Minn., City Code § 9-470,4 (2000). http ://www.lawlibrary. stme.nm.as/m'chive/¢tappub/0303/op021365-311 .htm 6/10/03