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I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> ! <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> <br />Ramsey City Council <br />February 11, 1983 <br />Page Two <br /> <br />would result in no disruption to the development and enjoyment <br />of the rest of the neighborhood. <br /> <br />The application for a conditional use permit meets the criteria <br />for approval listed at 170.016E of the Ramsey City Code. The ~ <br />application cannot be denied merely because it has been suggested <br />that other sites may also be satisfactory. The issue before the <br />Council is only whether a conditional use permit should be granted <br />for Parcel 6600, not whether such a permit might also be granted <br />for another site. Since the application submitted to the City <br />of Ramsey meets the criteria for approval, a permit should be <br />granted to Parcel 6600. <br /> <br />The Council's action of suggesting that the tower be located <br />on some nearby property .rather than grant D. A. Voit, Inc. a <br />conditional use permit was arbitrary and capricious, and <br />exceeded the Council's authority. Furthermore, the Council's <br />action was tantamount to tortious interference wit~ the <br />contractual relations of D. A. Voit, Inc., and Group W Cable <br />of Quad Cities, Inc. The Council was fully aware' of the <br />contractual relations between the two parties, yet.the Council <br />intentionally interfered with the agreement of the parties, <br />without any justification, tf Group W Cable of Quad Cities, <br />Inc. enters into a new contract with another property owner <br />due to the Council's actions, D. A. Voit, Inc. will suffer <br />damages in excess of $1,000,000. <br /> <br />D. A. Voit, Inc. does not wish to cormmence legal action in <br />order to compel the City of Ramsey to grant a conditional use <br />permit, or to prohibit the City from permitting the microwave <br />tower to be built on other property, or to obtain a judgment <br />for damages against the City. D. A. Voit, Inc. is only <br />interested in obtaining a conditional use permit so that <br />Parcel 6600 can be put to its best use. <br /> <br />We request, therefore, that the Ramsey City Council act in <br />accordance with its statutory authority and approve the <br />application for a conditional use permit for Parcel 6600. <br /> <br />Very truly yours, <br /> <br /> ! · <br />J~n J. Berglund <br /> <br />jl <br /> <br />CC: <br /> <br />D. A. Voit, Inc. <br /> <br /> <br />