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opinion of whether or not the airport safety zoning ordinance is subject to review and <br />revocation. The Attorney General's opinion was received December 20, 1989 and reflects <br />that the citizens have the right to review and revoke ordinances dealing with land use <br />issues. A copy of the Attorney General's opinion was submitted to Mn/DOT, along with <br />follow-up questions. Those follow-up questions focused on the impact to the airport <br />project resulting from the Attorney General's opinion, the inclination of the Commissioner <br />to place airport zoning in effect, and whether or not cost sharing of the airport <br />improvements are jeopardized. The response from Mn/DOT was ambiguous. <br /> <br />Mr. Otto recommended that a meeting be held with Mn/DOT to review positions relating to <br />the Gateway North Industrial Airport project prior to making any final decisions regarding <br />implementation of the Airport improvement project. <br /> <br />Mr. Otto noted that if the City were to make another attempt to adopt a safety zoning <br />ordinance, it would have to be substantially different from the one that was previously <br />adopted and defeated; if it is too different, it might not meet Mn/DOT criteria. If the City <br />were to purchase the Airport, a joint zoning board with affected cities could be formed and <br />that board could establish safety zoning. Mr. Otto noted that statutes require airport safety <br />zoning to be in place or that a reasonable attempt is being made to provide airport safety <br />zoning; very few airports in the metro area have zoning in place; it took Duluth <br />approximately 11 years to get zoning in place. <br /> <br />Mr. Otto stated that there have also been meetings with FAA, Mn/DOT and MAC to <br />determine the various agencies' commitment to the airport improvement project. FAA <br />indicated that the earliest funds would be available is late 1991 or 1992 and that they would <br />not participate until the landfill activity ceases; the earliest date landfill activity would cease <br />is late 1992. Mn/DOT was interested in scheduling a meeting with the City to determine the <br />feasibility of initiating a State/local project, with conditions, that would be eligible for later <br />reimbursement. Those conditions consist of the City committing to a one-third cost share <br />for Phase I acquisition ($330,000) and reviewing the feasibility of amending the project to <br />include a crosswind runway. Mr. Otto stated that he reminded Mn/DOT that a crosswind <br />runway was considered earlier in the process and Mn/DOT indicated that it would require <br />closing a portion of Cry. Rd. #57 and funding would be very unlikely. In response, <br />Mn/DOT indicated that the concept of a Missisippi Bridge and transportation rerouting, a <br />crosswind runway is feasible. Mr. Otto stated that the current layout plan and <br />environmental assessment were prepared on the basis of a one-runway layout and that was <br />the information provided to the public. The City should discuss the crosswind runway <br />issue with Mn/DOT further. <br /> <br />Mr. Otto stated that there is still a landfill/airport conflict issue. Mn/DOT is satisfied with <br />the conditional use permit and it's time limit on existing landfill operations, but is <br />concerned about the selection of Site P. <br /> <br />In summation, Mr. Otto recommended appointing a City delegate to meet with Mn/DOT to <br />discuss ambiguities with regard to implementing the Gateway North Industrial Airport <br />Project. <br /> <br />Councilmember Peterson expressed concern with continuing to spend funds to a point <br />where so much has been invested that there is no option but to proceed with the airport <br />improvements project. <br /> <br />A brief discussion ensued to again review options for establishing airport safety zoning. <br /> <br />City Council/January 23, 1990 <br /> Page 9 of 16 <br /> <br /> <br />