Preview
30-CV-17-351
Filed in District Court
State of Minnesota
7/2/2021 4:12 PM
STATE 0F MINNESOTA DISTRICT COURT
COUNTY OF ISANTI TENTH JUDICIAL DISTRICT
CASE TYPE: 14, Other Civil
City of Cambridge,
Court File Nu: 30-CV~17~351
Plaintiff,
VS '
JUNE 18, 2021
DECLARATION OF
Roger Cornell, Jennifer Comm, and MARCIA WESTOVER
TKO Properties, LLP,
Defendants.
Marcia Westover, under penalty of perjury, declares as follows:
1. I am Marcia Westover. I am currently employed by the City of Cambridge the (“City”) as
City Planner. I make this Declaration based upon personal knowledge and in support of the
City’s request that Defendants in the above—referenced action be held in contempt.
2.‘ I have been employed in the City of Cambridge Community Development Department
since July 2005.
3. As part of my job duties, I administer the City’s Planning and Zoning codes which and
enforce the City’s zoning regulations and Comprehensive Plan. Ireview commercial and
residential site plans for compliance with City standards such as parking, grading and drainage,
building setbacks, landscaping signage, and lighting. I drafi revisions to the City Code and
oversee enforcement of the City’s zoning ordinances. I work with preperty owners to ensure
properties remain in compliance. I field questions from staff and the public about the City Code.
I draft development agreements and prepare site improvement performance-bond calculations for
developments. Imeet with developers and staff afier analyzing development plans, plats,
30-CV-17-351
Filed in District Court
State of Minnesota
7/2/2021 4:12 PM
subdivision requests, Condition and Interim Use Permits, and zoning requests to assure
compliance. I am the staff liaison for the Planning Commission. Iprepare staff reports, agendas,
and all infonnation for these meetings.
4. I am familiar with the property at 509 Main Street North (the “P1‘operty”) in the City and
the auto-oriented business that is maintained at the Property. I am familiar with the ongoing
building use issues at the location and have presented to the City Council regarding the
Property's noncompliance with the City Code.
S. The Property is located in a district zoned as “B-2, Highway Business District” under the
City Zoning Ordinance.
6. I have reviewed this Court’s July 13, 2020 Order finding Defendants in contempt of this
Court’s October 24, 2018 Order, which found them in contempt of this Court’s April 10, 2018
Order. Those Orders enjoined Defendants from operating an auto-oriented business on the
Property until all off-street parking is compliant with the requirements of the City Code. The
Orders also put Defendants on notice that further violations may result in additional fines.
7. From April 2018 to the present, the City has continued to expend resources to enforce the
Court’s Orders that enjoin business at 509 Main until Defendants are compliant with the City’s
off-street parking requirements and the City Code.
8. I understand that Defendants filed a parking plan with the Court on 01'about May 11,
2021. This proposed parking plan was not submitted to the City for review prior to filing with
the Court. I received a copy of the May 11, 2021 parking plan from the City’s Attorneys. I have
determined the parking plan does not conform to the requirements of City Code. The May 11,
2021 parking plan is not to scale and does not have dimensions for drive accesses, maneuvering,
and backing up as required to determine compliance with City Code. Additionally, the May 11,
30-CV-17-351
Filed in District Court
State of Minnesota
7/2/2021 4:12 PM
2021 parking plan Iists the depth of parking stalls as 16.5 feet, while the City requires parking
stall depth to 'be 18.5 feet. See Cambridge City Code Ch. 156, App. A at 1. Thus, the May 11,
2021 parking plan is a nonconforming parking plan.
9. My review of the Property layout indicates that six display vehicles may fit on the
Property in reasonable compliance with the Code, in addition to the required one employee and
two customer spaces. Assuming one employee and two customers Were present at a given time,
this means there should be a maximum of nine vehicle present at the Preperty during times the
business is open.
10. Based on my review of the City’s records, on May '15, 2021, there were at least 10
vehicles parked on the Property. A true and correct copy of a photogaph taken at the Property
between 1:42 a.m. and 1:49 am. on May 15, 2021 and maintained in the ordinary course of the
City's business, is attached hereto as Exhibit 32.
ll. Based on my review of the City’s records, on May 27, 2021, there were at least 11
vehicles parked on the Property. True and correct copies of photographs taken at the Property at
approximately 5:17 pan. on May 27, 2021 and maintained'in the ordinary course of the City’s
business, are attached hereto as Exhibit 33.
12. Based on my review of the City’s records, on May 28, 2021, there were at least 10
vehicles parked on the Property. True and correct copies of photographs'taken at the Property at
approximately 4:23 p.m. on May 28, 2021 and maintained in the ordinary course of the City’s
business, are attached hereto as Exhibit 34.
13. Based on my review of the City’s records, on May 29, 2021, there were at least 12
vehicles parked on the Property and the police incident report highlights that the illegally parked
vehicles were photographed. True and correct copies of photographs taken at the Property at
30-CV-17-351
Filed in District Court
State of Minnesota
7/2/2021 4:12 PM
I
approximately 11:38 to 11:44 a.m. and 5:32 to 5 :34 pm. on May 29, 2021 and maintained in the
ordinary course of the City’s business, are attached hereto as Exhibit 35.
14. Based on my revieW of the City’s records, on June 3, 2021, there were at least 12
Vehicles parked on the Property. A true and correct copy of a photograph taken at the Property at
approximately 4:55 am. on June 3, 2021 and maintained in the ordinary course of the City’s
business, is attached hereto as Exhibit 36.
15. Based on my review of the City’s records, on June 15, 2021, there were at least 13
Vehicles parked on the Property. True and correct copies of photographs taken at the Property at
approximately 12:52 p.m. on June 15, 2021 and maintained in the ordinary course of the City’s
business, are attached hereto as Exhibit 37.
16. Based on my review of the City's records, on May 28, 2021 at approximately 7:30 p.m.,
a vehicle at the Property was parked in the right-of-way. A true and correct copy of a Cambridge
Police Deparmient Incident Report documenting the improper parking, which is maintained in
the ordinary course of City business, is attached hereto as Exhibit 38.
l7. Upon information and belief, cars are consistently parked in nonconforming
proximity on the Property, and are thus continually shuffled into right-of—way, on the lawn, or
onto adjacent property lines. Defendants continue to maintain too much inventory on the
Property, requiring the use of lawn and public right of way to maneuver. Defendants continue to
store more vehicles on the Property than allowable under Section 156 of the City Code.
I declare under penalty of perjury that everything I have stated in this document is true
and correct.
Signed in Isanti County, Minnesota on June 18, 2021.
Marcia Westover
-
30-CV-17-351
Filed in District Court
State of Minnesota
7/2/2021 4:12 PM
30-CV-17-351
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State of Minnesota
Court File No. 30-CV-17-351 7/2/2021 4:12 PM
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Filed in District Court
State of Minnesota
7/2/2021 4:12 PM
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Court File No. 30-CV-17-351
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30-CV-17-351
Filed in District Court
State of Minnesota
7/2/2021 4:12 PM
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30-CV-17-351
Filed in District Court
State of Minnesota
7/2/2021 4:12 PM
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30-CV-17-351
Filed in District Court
State of Minnesota
Court File No. 30-CV-17-351 7/2/2021 4:12 PM
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30-CV-17-351
Filed in District Court
State of Minnesota
7/2/2021 4:12 PM
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Filed in District Court
State of Minnesota
7/2/2021 4:12 PM
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State of Minnesota
7/2/2021 4:12 PM
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State of Minnesota
7/2/2021 4:12 PM
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State of Minnesota
Filed in District Court
30-CV-17-351
30-CV-17-351
Filed in District Court
State of Minnesota
7/2/2021 4:12 PM
CAMBRIDGE POLICE DEPARTMENT
INCIDENT REPORT
ICR# 21007593 IAGENCY ORI# MN0300100 JUVENILE:
Reported: 05:28t2021'1I930' First Assigned:1930 First Arrived:1930 Last C-Ieared:1935
Committed Start: Committed End:
Title: Extra PatrolHow Received: Phone
Short Description:
Extra Patrol
Summary:
Extra Patrol. One car parked in the RW and one with the trunk open. No one seen. 470911509/no
Location(s)
Cars Incorporated Address: 509 Main St N City: Cambridge State: MN Zip: 55008 Country:
Officer Assigned: Giese, Matt Badge No: 4709 Primary: Yes
M00: 9922 Literal: Request Extra Patrol Statute: UCR:
State: MN Plate: GGL245 VIN:
Make: Model: Year: Color:
OnEvent (4709) Giese . Matt 05-28-20211930
Arrived (4709) Giese . Matt 05-28-2021 1930
OffEvent (4709) Giese . Matt 05-28-2021 1935
Cleared (4709) Giese . Matt 05-28-2021 1935
.u
_
Exhibit 38
-:
Court File No. 30-cv-17-351
Preview
30-CV-17-351 Filed in District Court State of Minnesota 7/2/2021 4:12 PM STATE 0F MINNESOTA DISTRICT COURT COUNTY OF ISANTI TENTH JUDICIAL DISTRICT CASE TYPE: 14, Other Civil City of Cambridge, Court File Nu: 30-CV~17~351 Plaintiff, VS ' JUNE 18, 2021 DECLARATION OF Roger Cornell, Jennifer Comm, and MARCIA WESTOVER TKO Properties, LLP, Defendants. Marcia Westover, under penalty of perjury, declares as follows: 1. I am Marcia Westover. I am currently employed by the City of Cambridge the (“City”) as City Planner. I make this Declaration based upon personal knowledge and in support of the City’s request that Defendants in the above—referenced action be held in contempt. 2.‘ I have been employed in the City of Cambridge Community Development Department since July 2005. 3. As part of my job duties, I administer the City’s Planning and Zoning codes which and enforce the City’s zoning regulations and Comprehensive Plan. Ireview commercial and residential site plans for compliance with City standards such as parking, grading and drainage, building setbacks, landscaping signage, and lighting. I drafi revisions to the City Code and oversee enforcement of the City’s zoning ordinances. I work with preperty owners to ensure properties remain in compliance. I field questions from staff and the public about the City Code. I draft development agreements and prepare site improvement performance-bond calculations for developments. Imeet with developers and staff afier analyzing development plans, plats, 30-CV-17-351 Filed in District Court State of Minnesota 7/2/2021 4:12 PM subdivision requests, Condition and Interim Use Permits, and zoning requests to assure compliance. I am the staff liaison for the Planning Commission. Iprepare staff reports, agendas, and all infonnation for these meetings. 4. I am familiar with the property at 509 Main Street North (the “P1‘operty”) in the City and the auto-oriented business that is maintained at the Property. I am familiar with the ongoing building use issues at the location and have presented to the City Council regarding the Property's noncompliance with the City Code. S. The Property is located in a district zoned as “B-2, Highway Business District” under the City Zoning Ordinance. 6. I have reviewed this Court’s July 13, 2020 Order finding Defendants in contempt of this Court’s October 24, 2018 Order, which found them in contempt of this Court’s April 10, 2018 Order. Those Orders enjoined Defendants from operating an auto-oriented business on the Property until all off-street parking is compliant with the requirements of the City Code. The Orders also put Defendants on notice that further violations may result in additional fines. 7. From April 2018 to the present, the City has continued to expend resources to enforce the Court’s Orders that enjoin business at 509 Main until Defendants are compliant with the City’s off-street parking requirements and the City Code. 8. I understand that Defendants filed a parking plan with the Court on 01'about May 11, 2021. This proposed parking plan was not submitted to the City for review prior to filing with the Court. I received a copy of the May 11, 2021 parking plan from the City’s Attorneys. I have determined the parking plan does not conform to the requirements of City Code. The May 11, 2021 parking plan is not to scale and does not have dimensions for drive accesses, maneuvering, and backing up as required to determine compliance with City Code. Additionally, the May 11, 30-CV-17-351 Filed in District Court State of Minnesota 7/2/2021 4:12 PM 2021 parking plan Iists the depth of parking stalls as 16.5 feet, while the City requires parking stall depth to 'be 18.5 feet. See Cambridge City Code Ch. 156, App. A at 1. Thus, the May 11, 2021 parking plan is a nonconforming parking plan. 9. My review of the Property layout indicates that six display vehicles may fit on the Property in reasonable compliance with the Code, in addition to the required one employee and two customer spaces. Assuming one employee and two customers Were present at a given time, this means there should be a maximum of nine vehicle present at the Preperty during times the business is open. 10. Based on my review of the City’s records, on May '15, 2021, there were at least 10 vehicles parked on the Property. A true and correct copy of a photogaph taken at the Property between 1:42 a.m. and 1:49 am. on May 15, 2021 and maintained in the ordinary course of the City's business, is attached hereto as Exhibit 32. ll. Based on my review of the City’s records, on May 27, 2021, there were at least 11 vehicles parked on the Property. True and correct copies of photographs taken at the Property at approximately 5:17 pan. on May 27, 2021 and maintained'in the ordinary course of the City’s business, are attached hereto as Exhibit 33. 12. Based on my review of the City’s records, on May 28, 2021, there were at least 10 vehicles parked on the Property. True and correct copies of photographs'taken at the Property at approximately 4:23 p.m. on May 28, 2021 and maintained in the ordinary course of the City’s business, are attached hereto as Exhibit 34. 13. Based on my review of the City’s records, on May 29, 2021, there were at least 12 vehicles parked on the Property and the police incident report highlights that the illegally parked vehicles were photographed. True and correct copies of photographs taken at the Property at 30-CV-17-351 Filed in District Court State of Minnesota 7/2/2021 4:12 PM I approximately 11:38 to 11:44 a.m. and 5:32 to 5 :34 pm. on May 29, 2021 and maintained in the ordinary course of the City’s business, are attached hereto as Exhibit 35. 14. Based on my revieW of the City’s records, on June 3, 2021, there were at least 12 Vehicles parked on the Property. A true and correct copy of a photograph taken at the Property at approximately 4:55 am. on June 3, 2021 and maintained in the ordinary course of the City’s business, is attached hereto as Exhibit 36. 15. Based on my review of the City’s records, on June 15, 2021, there were at least 13 Vehicles parked on the Property. True and correct copies of photographs taken at the Property at approximately 12:52 p.m. on June 15, 2021 and maintained in the ordinary course of the City’s business, are attached hereto as Exhibit 37. 16. Based on my review of the City's records, on May 28, 2021 at approximately 7:30 p.m., a vehicle at the Property was parked in the right-of-way. A true and correct copy of a Cambridge Police Deparmient Incident Report documenting the improper parking, which is maintained in the ordinary course of City business, is attached hereto as Exhibit 38. l7. Upon information and belief, cars are consistently parked in nonconforming proximity on the Property, and are thus continually shuffled into right-of—way, on the lawn, or onto adjacent property lines. Defendants continue to maintain too much inventory on the Property, requiring the use of lawn and public right of way to maneuver. Defendants continue to store more vehicles on the Property than allowable under Section 156 of the City Code. I declare under penalty of perjury that everything I have stated in this document is true and correct. Signed in Isanti County, Minnesota on June 18, 2021. Marcia Westover - 30-CV-17-351 Filed in District Court State of Minnesota 7/2/2021 4:12 PM 30-CV-17-351 . . l ..I.!. ....I Filed in District Court State of Minnesota Court File No. 30-CV-17-351 7/2/2021 4:12 PM Exhi it 33 —m‘fl.'m "i.—.E 30-CV-17-351 . Filed in District Court State of Minnesota 7/2/2021 4:12 PM fiJ Court File No. 30-CV-17-351 Exhibit 34 30-CV-17-351 Filed in District Court State of Minnesota 7/2/2021 4:12 PM I991. l'AO'OE 'ON aI!:l 11"09 VS uqua 30-CV-17-351 Filed in District Court State of Minnesota 7/2/2021 4:12 PM I' ,1; 1.. Court File 5} No. 30-CV-17-351 Exhibit 34 30-CV-17-351 Filed in District Court State of Minnesota Court File No. 30-CV-17-351 7/2/2021 4:12 PM Exhi it 34 30-CV-17-351 Filed in District Court State of Minnesota 7/2/2021 4:12 PM 30-CV-17-351 Filed in District Court State of Minnesota 7/2/2021 4:12 PM V ~— - -- fip— .... -. -,. 7—. 30-CV-17-351 Filed in District Court State of Minnesota 7/2/2021 4:12 PM _._..3 H .._ a; J . ,- ' - x - - .. {fi-‘EI‘IQLS- .H*_‘ul.l....+— m M E I "it; n _ — .- ._ _ I u it?“ H}..- I ‘1.' 30-CV-17-351 Filed in District Court State of Minnesota 7/2/2021 4:12 PM Filed in District Court State of Minnesota 7/2/2021 4:12 PM 30-CV-17-351 f .. ....r ...H.,..._._w..m Ix: H.‘ : III.II.....II: 7... 1...... .E .r. I LII. unit... {7.11. .1. ‘rr 5.: Filed in District Court State of Minnesota 7/2/2021 4:12 PM 30-CV-17-351 .r"...-“... 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H...” 7/2/2021 4:12 PM State of Minnesota Filed in District Court 30-CV-17-351 30-CV-17-351 Filed in District Court State of Minnesota 7/2/2021 4:12 PM CAMBRIDGE POLICE DEPARTMENT INCIDENT REPORT ICR# 21007593 IAGENCY ORI# MN0300100 JUVENILE: Reported: 05:28t2021'1I930' First Assigned:1930 First Arrived:1930 Last C-Ieared:1935 Committed Start: Committed End: Title: Extra PatrolHow Received: Phone Short Description: Extra Patrol Summary: Extra Patrol. One car parked in the RW and one with the trunk open. No one seen. 470911509/no Location(s) Cars Incorporated Address: 509 Main St N City: Cambridge State: MN Zip: 55008 Country: Officer Assigned: Giese, Matt Badge No: 4709 Primary: Yes M00: 9922 Literal: Request Extra Patrol Statute: UCR: State: MN Plate: GGL245 VIN: Make: Model: Year: Color: OnEvent (4709) Giese . Matt 05-28-20211930 Arrived (4709) Giese . Matt 05-28-2021 1930 OffEvent (4709) Giese . Matt 05-28-2021 1935 Cleared (4709) Giese . Matt 05-28-2021 1935 .u _ Exhibit 38 -: Court File No. 30-cv-17-351