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GERALD M. R-ANDALL <br />W/ILLIAJv[ K. GOODRICH <br /> <br />'l~tOk4,4~ M. FII'ZPA1-~ICK <br /> <br />2140 POUI~.TH ^VI~NU£ <br /> <br />MINNESOTA .55303 <br /> <br />August 14, 1989 <br /> <br />TELEPHONE -421 - 5.424 <br /> .,,"u.~. E A CODE <br /> <br />Hubert H. Humphrey, III <br />Attorney General's Office <br />525 Park <br />Capitol office Building, 2nd Floor <br />St. Paul, MN 55103 <br /> <br />Attention : Kenneth Raschke, Assistant Attorney General <br /> <br />Dear Mr. Raschke: <br /> <br /> I am the City of Ramsey city Attorney. On behalf of the City <br />I am asking for an Attorney General~'s opinion on the two questions <br />stated herein based on the following facts: <br /> <br />FACTS <br /> <br /> The City of Ramsey, Anoka County, Minnesota, is a Charter City <br />organized under a Charter formed pursuant to the Constitution of <br />the State of Minnesota, Article 4, Section 36. <br /> <br /> Gateway North Industrial Airport is an existing private <br />airport located entirely within Ramsey's boundaries. However, <br />certain airport hazards affecting said airport lie within other <br />municipalities. In 1982, the City Council adopted Ordinance 87-7 <br />entitled "GATEWAY NORTH INDUSTRIAL AIRPORT ZONING ORDINANCE." The <br />purpose of Ordinance 87-7 was to regulate and restrict the height <br />of structures and objects of natural growth, and otherwise regulate <br />the use of property in the vicinity of the Gateway North Industrial <br />Airport by creating appropriate zones. Ordinance 87-7 was <br />established pursuant to M.S. 360.061 et. seq. (Airport Zoning). <br />.The preamble and purpose and authority sections of Ordinance 87-7 <br />are attached for your review. <br /> <br /> Pursuant to Chapter 5, Section 5.07 of the City Charter, <br />citizens of Ramsey lawfully petitioned for a referendum on <br />Ordinance 87-7 prior to its taking effect. In April, 1988, a <br />special election was held in the City, at which time the following <br />question was presented to the electorate: <br /> <br />Shall the Ramsey City Council, acting as the Airport <br />Zoning Board of the city of Ramsey, adopt an Airport <br />Zoning-Ordinance, which Ordinance is intended to prevent <br />the creation or establishment of airport hazards by <br /> <br /> <br />