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Hakanson <br />Anderson <br />Assoc.,inc. <br /> <br />Engirreers, Surveyors & <br />Landscape Architects <br /> <br />December 21, 1989 <br /> <br />Mr. Duane Haukebo <br />Mn/DOT, Division of Aeronautics <br />Room 417, Transportation Bldg. <br />St. Paul, MN 55155 <br /> <br />Re: <br /> <br />Gateway Airport <br />Airport Zoning - AG's Opinion <br /> <br />Dear Duane: <br /> <br />Enclosed is a copy of the AG's opinion regarding airport zoning for <br />the airport. In effect, it indicates that the city Council may not <br />enact the ordinance or one essentially similar to it due to the <br />result of the referendum. It does indicate that the Council could <br />pass a new ordinance which is "essentially different". No <br />guidelines, however, are provided to make a determination as to <br />what would constitute an essentially different ordinance. <br /> <br />The opinion also confirms that the Commissioner at his discretion <br />may implement airport zoning despite the referendum if so <br />requested. <br /> <br />our questions at this point are: <br /> <br />If requested, would the Conut, issioner be inclined to implement <br />airport zoning? <br /> <br />If the City cannot enact a similar ordinance, would this <br />jeopardize a cost share agreement such as we discussed on the <br />20th? <br /> <br />Is there any relief or guidance which Mn/DOT can offer at this <br />point relative to the zoning issue? <br /> <br />222 Monroe Street <br />Anoka, Minnesota 55303 <br /> <br />612/427-5860 <br /> <br /> <br />