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March 15,~ <br />Page 2 . <br /> <br />1987 <br /> <br /> In addition, consideration of the proposed ordinance raises <br />significant !legal issues which include the following: <br /> <br />(1) <br /> <br />W~ether environmental review must precede the <br />a~option of the proposed ordinance under the <br />Minnesota Environmental Policy Act, Minn. Stat. <br />§i116D.04, and the applicable regulations of the <br />Minnesota Environmental Quality Board. <br /> <br />(2) <br /> <br />(3 <br /> <br />In view of the fact that this airport ordinance <br />could preclude use of Site P for a future landfill <br />p~ior to the completion of the site selection <br />p~ocess of the Solid Waste Management Act of 1980, <br />w~ether it is prohibited by Minn. Stat. § 473.806 <br />s~bd. 1 as an action "which would jeopardize the <br />availability of a site for use as a solid waste <br />facility." <br /> <br />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 ibecause of the effect of this City activity on <br />use of that site. <br /> <br /> Please iindicate 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 /> <br />LEONARD, STREET AND DEINARD <br /> <br />By <br /> <br />· Starns <br /> <br />BES/j~ <br /> <br />Received this <br /> <br /> <br />