Agenda - Council Work Session - 02/05/2013

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■aM kin Hof ATTORNEY a December 3, 2012 City of Ramsey Attention: City Administrator 7550 Sunwood Drive Northwest Ramsey, Minnesota 55303 William K. Goodrich RANDALL & GOODRICH, PLC 2140 Fourth Avenue North Anoka, Minnesota 55303 Re: Bury & Carlson Lease Gentlemen: Larkin Hoffman Daly & Lindgren Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 -1194 GENERAL: 952- 835 -3800 rsx: 952- 896 -3333 WEB: www.larkinhoffman,com U.S. MAIL U.S. MAIL AND EMAIL We represent Bury & Carlson, Inc. As you are aware, Bury & Carlson, as Tenant, and the City of Ramsey, as Landlord, entered into a Lease Agreement dated March 28, 2008 (the "Lease ") regarding property described as Lot 1, Block 1, Bury & Carlson Addition, as more specifically described in the Lease. As the City is aware, the business operated by Bury & Carlson on the leased premises primarily consists of stockpiling rubble and then crushing that rubble to sell as a usable product. Operating that business requires various permits and approvals, all of which require payment of fees and the satisfaction of a variety of conditions, which Bury & Carlson has paid and satisfied, year in, year out. It has come to our attention that on multiple occasions, other contractors have stockpiled rubble on other property in Ramsey and operated a substantially similar business enterprise, without obtaining appropriate permits and approvals and without satisfying the types of requirements and conditions that Bury & Carlson has been required to satisfy. Upon the City receiving notice of this, it is my understanding that the City has allowed it without adverse consequences to the violating contractor or the City has issued permits even though the violating contractor did not qualify to receive them. This situation and process result in those contractors receiving an inappropriate and unfair competitive advantage over Bury & Carlson and establish an unfair business climate in Ramsey.