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'('.'~:,'~..:-::\['r'c~-,i:~/-2R. ANDALL,_.~\__ DEHN @ GOODRICH <br /> <br />C£1L/'~LD k<. ILAIdDALL <br /> <br />THOId.~ Id. FrTZPAI"ILICK <br /> <br />2140 FOUR.TH AVE'NUt: NO~.TH <br />ANOKA, MINNESOTA 55303 <br /> <br />August 14, 1989 <br /> <br />TELEPHONE 4~'1 - ~,424 <br /> A.R. EA CODE 612 <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. HDwever, <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 ORDINA1NCE." 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 />