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I I I Council Meeting Minutes January 12, 1988 ly adjacent to a very large trailer storage facility in Mounds View across a 30-foot easement on the north; on the south is a railroad track with substantial right-of-way; east and south is the park; and the presence of the Herbst landfill (there are existing monitoring wells on the site at this time and there has been substantial testing and core sampling). Ellis further commented that the MPCA has authorized the closure of the site and they are continuing to monitor the wells; however, the information he has reviewed from the Ramsey County Environmen- tal Protection Board and the MPCA indicates that, although contam- inants may exist on the site, the problem appears to be localized and contained and the use of this site as proposed by the appli- cant does not pose a significant environmental problem at this time. MPCA has advised Boerner that the best and highest use for said site is a truck storage facility because of the two-to-three feet of topsoil coverage on top of the landfill; the MPCA will not allow conventional building techniques on the landfill in the foreseeable future (no footings, no office buildings); there does not appear to be any other uses for this site at this time; appli- cant can deal with stormwater problems if they arise; time is of the essence because a Purchase Agreement is pending, contingent upon council approval; $250 thousand at risk to applicant if this does not proceed in a timely fashion; feels since this use is a permitted use of the ordinance and the applicant is willing to comply with all of the applicable laws and ordinances imposed by the city, the city has no alternative and the applicant is enti- tled, as a matter of right, to have the permit issued. Ellis continued that he has advised City Attorney of recent law- suits; not only does not the denial of an applicantls right to a permit constitute an unconstitutional taking a denial of property right, but it also entitles the applicant to remedies under the Federal Statute known as Title VII (Section 1873, denial of civil rights); and part of the remedies involved include not only com- pensatory damages but punitive damages if the city is found to have acted in an arbitrary and capricious manner. Ellis feels the granting of the application this evening subject to conditions set forth adequately protects the city and addresses the issues that allows this matter to proceed in a timely manner rather than continuing the matter. LeFevere stated there is a difference of oplnlon on a number of essential facts: (1) whether the action of the city council, what- ever that action turns out to be, is arbitrary and capricious or whether it is reasonable and rationale; and (2) whether action of the city council deprives this piece of property of all reasonable use. Page 10