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March 13, 1987 <br />Page 2 <br />In addition, consideration of the proposed ordinance raises <br />significant legal issues which include the following: <br />(1) Whether environmental review must precede the <br />adoption of the proposed ordinance under the <br />Minnesota Environmental Policy Act, Minn. Stat. <br />§ 116D.04, and the applicable regulations of the <br />Minnesota Environmental Quality Board. <br />(2) In view of the fact that this airport ordinance <br />could preclude use of Site P for a future landfill <br />prior to the completion of the site selection <br />process of the Solid Waste Management Act of 1980, <br />whether it is prohibited by Minn. Stat. § 473.806 <br />subd. 1 as an action "which would jeopardize the <br />availability of a site for use as a solid waste <br />facility." <br />(3) Whether the City can act on the proposed ordinance <br />before the Metropolitan Council decides whether to <br />remove development limitations with regard to Site <br />P because of the effect of this City activity on <br />use of that site. <br />Please indicate on the enclosed copy of this letter the date <br />of its official receipt and return it in the enclosed envelope to <br />the undersigned. <br />Very truly yours, <br />LEONARD, STREET AND DEINARD <br />By <br />BES/jm <br />1By 74- <br />E. Starns <br />�V�wYYn- <br />r ,/ <br />Received this /7 day of /'��Oz CC . 1987. <br />By <br />