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TO: <br />FROM: <br />RE: <br />DATE: <br />City of Ramsey <br />15153 NOWTHEN BOULEVARD N.W., RAMSEY, MINNESOTA 55303 • (612) 427-1410 <br />MEMORANDUM <br />Ramsey Airport Commission and Ramsey City Council <br />Merland Otto and Bill Goodrich <br />Airport Zoning <br />November 19, 1986 <br />As you as now doubt aware, in order to proceed with the <br />Airport Project certain land use zoning will need to be <br />accomplished in order to prevent the creation or establishment of <br />airport hazards. <br />MSA 360.061 et al. gives the City the statutory authority to <br />enact the necessary zoning. Specifically, MSA 360.063 Zoning <br />Regulations, lays out basically two methods of accomplishing the <br />necessary zoning. <br />Subd. 1 of 360.063 provides that any municipality having an <br />airport hazard within its territorial limits may enact <br />appropriate airport zoning. The enabling authority granted under <br />this subdivision allows the City to accomplish the zoning, within <br />its territorial limits, on its own without concurrence of any <br />other governmental unit. <br />Subdivision 3 of MSA 360.036 is another method which can be <br />used to adopt the necessary zoning. This subidivision provides <br />for the means by which airport hazards can be prevented which <br />hazards exist both outside and inside of the City's territorial <br />limits. In Ramsey's case, airport hazards do exist in Champlin, <br />Dayton, Anoka, Hennepin and Anoka counties. It will therefore be <br />necessary to extend the airport zoning into these other <br />governmental subdivisions. <br />The statute permits the adoption of zoning regulations in the <br />area in question if the airport is "owned or controlled" by the <br />City. At this point in time, the City cannot be said to own or <br />control the Airport. <br />Assuming that the City can satisfy the owning or controlling <br />test the statute has two means by which the appropriate zoning <br />can be put into place. <br />The first method is for the owning or controlling City to <br />request the other governmental entities to adopt the appropriate <br />