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Without adequate time, money, and resources committed to opposing the <br />selection, the odds favoring selection increase. <br /> <br />While expenses incurred in the technical review of report documents are <br />eligible for reimbursement funds up to $100,000, it is our opinion that, a <br />greater effort including possible legal and legislative action will be <br />required to successfully oppose Site P. <br /> <br />It is difficult to estimate a total cost for opposing Site P. Based on our <br />discussion with Charles LeFever, officials from the cities of Eden Prairie, <br />Minnetrista and Red Wing, the costs could exceed $100,000 in <br />administrative staff and legal fees. Our discussions with other <br />communities also indicate that if litigation ultimately is commenced, that <br />the lower courts tend to favor the broader government authority while the <br />local community is accorded more favorable decisions from higher courts <br />on appeal. Legal costs would not be eligible for reimbursement. <br /> <br />The question is o- does the City Council wish to vigorously and <br />aggressively oppose Site P, and is the Council willing to authorize the <br />expenditure of City funds which may require $100,000 or more of non- <br />reimburseable funds to oppose Site P? A resolution is provided for your <br />consideration. <br /> <br />Solid Waste Ordinance <br /> <br />Staff prepared a draft ordinance which, if adopted, would help to establish <br />reasonable control over construction and operation of landfills in the City. <br />This was submitted as required to MC for their review (authority <br />provided: MSA 473.811 Subd 4a). MC's review was negative (attached) as <br />expressed in their December 26, 1989 letter, the City has the following <br />options for follow up action: <br /> <br />o <br /> <br />Do nothing. <br />Request formal review of existing draf~ pointing out authority <br />of City to adopt. <br />Amend and request formal review of revised ordinance. <br />Communicate with legislators explaining problems with <br />process and control. <br /> <br />Actions 3 and 4 are recommended. <br /> <br />Consultant Selection <br /> <br />An item which needs to be addressed is the review of the EIS and permit <br />documents for Site P. As you'll recall, the Metropolitan Council <br />administers funds (up to $100,000) which are available to communities <br />with candidate landfill sites for expenses incurred in the siting process <br /> <br />Page 2 <br /> <br /> <br />