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a.� <br />� � The City Attorney also addressed the point raised during the meeting on whether or not the City <br /><< could deny the conditional use application prior to the environmental review being completed by the <br />�. Minnesota Pollution Control Agency. The City Attorney cites a case (Allen vs. Citv of Mendota <br />j; Heights, App. 2005, 694 N.W. 2d 799) which requires the environmental review process occur <br />� � before the City take action on an application for a proposed development. Based on that court case, <br />�,� the City Attorney states that the City should proceed with the Bituminous Roadways application <br />s; until the environmental review is completed. <br />. The City Attorney will plan on presenting this information in more detail at the City Council <br />:a: meeting. <br />?�, POLICY OBJECTIVE <br />s� Not applicable <br />3& FINANCIAL IMPACTS <br />�� Not applicable <br />^ C STAFF RECOMMENDATION <br />As the City Attorney suggests, the City Council should not make a decision on the land request until all <br />�z environmental review is completed. <br />� ; REQUESTED COUNCIL ACTION <br />��, No specific action is required at this time. This report provided for informational purposes. <br />Prepared by: Patrick Trudgeon, Community Development Director (651) 792-7071 <br />Attachments: A: Memo from City Attorney Charles Bartholdi, dated October 14, 2010 <br />Page 2 of 2 <br />