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1. The temporary services will not be detrimental to or endanger the public health, safety or general welfare. The existing well have been tested and approved by MDH. The septic tank and temporary toilets are a short-term solution and have been accepted by Washington County, pending city approval and a timeline for connection to City sewer. Well and septic systems have long been used in this area and the School District's short-term solution will not endanger the public. (Id.) G. By e-mail dated February 20, 2020, the City Administrator was alerted to a potential issue with the temporary septic tank relied upon by the School District. (Ex. 15.) The City Administrator reached out to the Washington County Department of Public Health & Environment regarding the temporary septic. By e- mail dated March 17, 2020, Gary Bruns, Environmental Program Supervisor, stated, "The only permit we have issued the district is for the abandonment of one old septic tank on the property. We have been told a design for a septic system will be submitted, but we do not have that at this time." (Ex. 16.) H. On April 1, 2020, on behalf of Washington County, Mr. Bruns provided a letter to the City which commented on the School District's Second Amendment Application. Relevant to the compliance with the CUP, the letter states: The District states "The current 3,000 gallon septic tank is sufficient to accommodate those employees." This tank size is not sufficient as it does not meet the requirements of MN Rule Chapter 7080 or Washington County Ordinance # 206 requirements. (Ex. 21.) I. By e-mail dated March 9, 2020, a representative from the Minnesota Department of Labor contacted the City Administrator regarding the improvements made by the School District noting, "A structure funded for a school district, of which the cost is $100,000 or more, is considered a public building. This project would be required to be reviewed, permitted and inspected." (Ex. 17, p. 2.) J. The City Administrator acknowledged that, according to representations from the School District, they installed sprinklers, fire alarms and heat and smoke detectors (Ex. 18, p. 1.) K. The School District continues to use the Property as a bus terminal. L. The School District has acknowledged that EN Properties, LLC has breached its contractual duties to the School District. (Ex. 12, p. 2.) The School District has sued the Developer under its Purchase Agreement, Independent School District No. 834, Stillwater Area Public Schools v. ENProperties, LLC & E&E properties, LLC, 82-CV-20-1422 ("Lawsuit"). In the Lawsuit, the School District is specifically -- --seeking injunctive relief to require the Developer to furnish water -and -sewer to the Property. The School District asserts that it has a contractual remedy against the Developer which would allow it to accomplish the prerequisites to occupation of the Property as required by _the CUP. 12