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subject, is to ensure adequate safety for employees of the School <br />District and the public at large. <br />i. The City finds that this knowingly false statement and <br />material omission were related to the approval, i.e. the CUP. <br />ii. Misrepresentation # 2 <br />a. In its application for an amendment, the School District <br />represented, "The current 3,000 gallon septic tank is sufficient to <br />accommodate those employees." (Ex. 1, p. 4.) The School District <br />also represented, "Washington County has indicated that the septic <br />tank needs to be larger, up to 58,000 gallons, and the septic system <br />must be redesigned in order to accommodate the drivers as well." <br />b. In its April 1, 2010 letter, Washington County directly <br />contradicting these assertions. Washington County stated that <br />contrary to the assertion of the School District, the 3,000 gallon <br />septic tank was not sufficient to accommodate the School District's <br />on site employees as it did not meet the requirements of Minnesota <br />Rule Chapter 7080 or Washington County Ordinance # 206. (Ex. <br />21.) <br />C. More troubling, the County stated, "In the CUP request, the <br />District states that the Department has indicated the septic tank needs <br />to be 58,000 gallons in capacity. The Department has not commented <br />on proposed tank size requirements." (Ex. 21.) <br />d. The City finds that these were knowingly false statements <br />related to the pending request for a CUP amendment. <br />D. Pursuant to City Code § 10.99(B)(4): "A violation of Division (A) above <br />constitutes sufficient grounds for denial of an application required by this code that <br />is related to the violation. The City finds that the violations described above of City <br />Code §§ 10.99(A)(1)(b)&(c) are related to the School District's CUP and, therefore, <br />related to this application. The City finds that the violations constitute grounds for <br />denial of the application. <br />DECISION <br />NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />LAKE ELMO, MINNESOTA, based upon the information received and the above Findings, that <br />the City Council of the City of Lake Elmo hereby denies the Applicant School District's request for <br />an amendment to its Conditional Use Permit (Resolution 2018-077) for the Property. <br />This resolution was adopted by the City Council of the City of Lake Elmo on this 50, day of May <br />2020, by a vote of Cayes and nays, as follows: <br />21 <br />