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that area are already prohibited from subdividing because of the location <br />in which homes were placed on the lots . <br /> <br />Motion by Coumcilmember Cox and seconded by Councilmember DeLuca directing <br />that City Staff prepare a resolution for Council consideration that would <br />establish a policy of the City paying 50% of the sewer and water <br />assessments for those properties probhibited from subdividing as a result <br />of airport safety zoning. <br /> <br />Motion carried. Voting Yes: Mayor Reimann, Councilmembers Sorteberg, Cox, <br />DeLuca and Pearson. Voting No: None. <br /> <br />Councilmember Cox stated that it has been made clear by both sides that <br />action om the proposed zoning should be finalized so they can take action <br />as they see fit. <br /> <br />Mr. Hartley presented a resolution that Mn/Dot recommends as the format to <br />be used in adopting an airport safety zoning ordinance; adoption of that <br />resolution would in turn adopt the airport safety zoning ordinance. <br /> <br />Councilmember DeLuca inquired if there would be a problem in modifying the <br />zoning to accommodate the existing facility if municipal involvement in the <br />airport fails. <br /> <br />Merland Otto stated it is not uncommon to modify airport safety zoning from <br />time to time; there would be no problem modifying it to accommodate the <br />facility as it exists. <br /> <br />Councilmember DeLuca stated that there is an airport and there shonld be <br />zoning in place for it. Councilmember DeLuca stated that he is in favor of <br />adopting airport zoning and maybe holding an advisory election on whether <br />or not the facility should be owned by and operated by the city. <br /> <br />Mr. Otto noted that the zoning establishes clear zones for a one runway <br />system rather than the two currently in use at Gateway; this action will <br />not double the use of the one runway. Mr. Otto stated that he doesn't see <br />that a zoning ordinance for the existing facility will be radically <br />different from that which is proposed. <br /> <br />Councilmember Pearson inquired as to the consequences if zoning is enacted, <br />placing a moratorium on development, and the issue of municipal involvement <br />in the airport fails. <br /> <br />Mr. Otto replied that recent court cases indicate that if development <br />rights are taken away from a property owner, even temporarily, that <br />property owner may have to be compensated; there may be a risk associated <br />with Councilmember Pearson's scenario. <br /> <br />Mr. Goodrich confirmed that the City would expose itself to damages if <br />Councilmember Pearson's scenario would occur, especially in areas of zoning <br />that was not necessary for the existing airport. Mr. Goodrich noted that a <br />City Council/October 13, 1987 <br /> <br />Page 8 of 18 <br /> <br /> <br />