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<br />City Council Regular Meeting - 08/22/05 <br />Minutes - Page 8 <br /> <br />spoke in favor of an above-ground storage tank for visual <br />monitoring for leaks, and for future relocation and/or <br />removal. <br /> <br />Councilmember Ihlan reiterated her preference for not <br />allowing any tank installation at all, given the <br />environmental concerns, proximity to shopping and <br />residential areas, and desire to clean up the Twin Lakes <br />area. <br /> <br />Further discussion ensued among Councilmembers and <br />City Attorney Scott Anderson regarding type of permit <br />used and Council discretion; consistent and necessary <br />findings related to public health, safety and welfare for <br />denial by the Council supported by documentation and <br />previous case law; court determination of Council action <br />and whether the Council acted arbitrarily or capriciously or <br />if they had a legally sufficient reason to deny the <br />application or permit and whether there were any facts in <br />record to support the rationale. <br /> <br />Councilmember Ihlan suggested the request be tabled until <br />the next meeting, to document sufficient findings in the <br />resolution. <br /> <br />City Attorney Anderson noted that City Code needed to set <br />a standard, and when the Council denied any type of permit <br />or application, legitimate reasons needed to be stated for <br />denial. <br /> <br />Councilmember Kough expressed concerns regarding the <br />permanence of the permit, and no recourse for the City if it <br />was determined harmful to the area. <br /> <br />City Attorney Anderson noted that the City's Nuisance <br />Ordinance provisions would apply; as well as the <br />regulatory scheme required by the Minnesota Pollution <br />Control Agency (MPCA) and State Statute, due to the <br />potential hazards of this type of storage facility, and <br />monitoring by the State Fire Marshal. <br />