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07/08/98 16: 14 LAW OFFICES 2140 4TH AVE 4 612 464 4568 <br />LAW OFFICES OF <br />William G. Hawkins and Associates <br />Legal Assistant <br />WILLIAM G. HAWKINS TAMM1 J. UVEGES <br />BARRY A. SULLIVAN <br />July 8, 1998 <br />Mr. Alan Brixius <br />Northwest Associated Consultants <br />5775 Wayzata Boulevard <br />Suite 555 <br />St. Louis Park, MN 55416 <br />Re: MnDOT Tower <br />Dear Mr. Brixius: <br />NO.038 P02 <br />2140 FOURTH AVENUE NORTH <br />ANOKA. MINNESOTA 55303 <br />PHONE (612) 427 -8877 <br />FAX (612) 421 -4213 <br />You have asked for an opinion regarding whether or not MnDot's plan to construct an <br />antenna on the Correctional Facility property is exempt from our zoning ordinances. In <br />my opinion, the answer is yes. 1 will be forwarding to you a detailed letter shortly. A <br />general rule is that government agencies using government property are not subject to <br />local zoning restrictions. This is especially true where the activity involved is a matter <br />of state -wide concern rather than a subject for local regulation. The Minnesota <br />legislature has expressly mandated the Department of Transportation and Department <br />of Public Safety with authority to plan and implement a state -wide Public Safety Radio <br />Communication System. The legislation did not make this system subject to local <br />regulation and without that expression, the State plan is exempt from zoning <br />regulations. As I said, a more detailed letter will follow. <br />nk y for your attention to this matter. <br />