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City Council <br />Our File No.: <br />June 15, 1995 <br />Page 2 <br /> <br />C1019-01 <br /> <br />Secondly, and notwithstanding the purpose of the PUD, the balancing of priorities requires <br />approval of the structure. It is far more important that the safety of RRH employees and of <br />motorists be advanced than concerns over aesthetics or view. RRIt is concerned over the <br />potential liability that could result in the event of an accident. To avoid this liability, RRIt is <br />willing to expend money on a new building in a safer location. ~ <br /> <br />The decision now, however, rests with the City of Ramsey. By approving the structure, the City <br />is giving greater weight to the safety of the citizens of Ramsey, and by denying the structure, <br />the City is placing RRH and itself in the path of a potential lawsuit. In its defense, RRH is <br />taking the approach of a prudent person in trying to remove the opportunity for an accident but <br />its efforts could be thwarted by City action. <br /> <br />RRH does not want to be a party to costly litigation and to be exposed to large claims, and it <br />does not want to see the City in the same position. Especially on this issue, as the decision of <br />the Council is not "ministerial" removing the protective shield of limited municipal liability. <br /> <br />Thirdly, RR_H will construct a quality building and will maintain it to preserve the course's <br />beauty. RRH has a vested interest in presenting the course in the most favorable way to its <br />patrons. <br /> <br />RRH will work with the City, as it has in the past, to construct this building in a manner <br />favorable to the City, its citizens and RRH. RRH is dependent, however, on City approval to <br />move forward which is appropriate because of the consistency of the request and the PUD, the <br />safety and liability issues and RRH's commitment to maintain the course and its structures. <br /> <br />Please call the undersigned or RRH if you have any questions or if we can address any concerns <br />during the approval process. <br /> <br />GCH:sls <br /> <br />~Ve .~ly yours( G. Craig <br /> <br />CC: <br /> <br />Dr. Tom Anderson <br />Mr. Dick Tollette <br />Dr. Greg Harvey <br />Mr. Jeff Tollette <br /> <br /> <br />