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2020-043
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2020-043
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2. Prior to construction, the City informed the School District that it could <br />request an extension of the IUP to operate at the property using a well and <br />septic system for a temporary period of time. Based on that direction, the <br />School District installed a temporary septic tank, supplemented by temporary <br />toilets. The existing well has been approved by the Minnesota Department of <br />Health and the temporary septic services have been approved by Washington <br />County, pending acceptance by the City and a timeline for when City <br />services will become available. The City and School District now know that <br />the IUP was terminated upon the event of the rezoning, thereby making the <br />extension of the IUP impossible. (Ex. 11, p. 2)(emphasis added.) <br />F. In the letter, the School District further opined on the temporary septic: <br />1. The temporary services will not be detrimental to or endanger the <br />public health, safety or general welfare. The existing well have been <br />tested and approved by MDH. The septic tank and temporary toilets <br />are a short-term solution and have been accepted by Washington <br />County, pending city approval and a timeline for connection to City <br />sewer. Well and septic systems have long been used in this area and the <br />School District's short-term solution will not endanger the public. <br />G. By e-mail dated February 20, 2020, the City Administrator was alerted of a <br />potential issue with the temporary septic tank relied upon by the School District. <br />(Ex. 16.) The City Administrator reached out to the Washington County <br />Department of Public Health & Environment regarding the temporary septic. By e- <br />mailed date March 17, 2020, Gary Bruns, Environmental Program Supervisor, <br />stated, "The only permit we have issued the district is for the abandonment of one <br />old septic tank on the property. We have been told a design for a septic system will <br />be submitted, but we do not have that at this time." (Ex. 17.) <br />H. On April 1, 2020, on behalf of Washington County, Mr. Bruns provided a <br />letter to the City which commented on the School District's Second Amendment <br />Application. Relevant to the compliance with the CUP, the letter states: <br />The District states "The current 3,000 gallon septic tank is sufficient <br />to accommodate those employees." This tank size is not sufficient as <br />it does not meet the requirements of MN Rule Chapter 7080 or <br />Washington County Ordinance # 206 requirements. <br />I. By e-mail dated March 9, 2020, a representative from the Minnesota <br />Department of Labor contacted the City Building Inspector regarding the <br />improvements made by the School District noting, "A structure funded for a school <br />district, of which the cost is $100,000 or more, is considered a public building. This <br />project would be required to be reviewed, permitted and inspected." (Ex. 18, p. 2.) <br />J. The City Administrator acknowledged that, according to representations <br />from the School District, they installed sprinklers, fire alarms and heat and smoke <br />detectors (Ex. 18, p. 1.) <br />12 <br />
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