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Correspondence - 4444 Shoreline Drive - 2/15/2022SPRING PARK On Lake W innetonka January 18, 2022 Don Bodin 2035 SE St. Lucie Blvd Stuart, Florida 34997 RE. Outdoor Storage at 4444 Shoreline Drive To whom it may concern. Donnybrook Service Center 4444 Shoreline Drive Spring Park, Minnesota 55384 At the end of December 2021, a 45 foot long boat traversed Lake Minnetonka, breaking through the ice to reach the Hennepin County boat launch in Spring Park. This boat now sits on a trailer at the Hennepin County boat launch. At some point the County will require this boat to removed from their property. The Hennepin County Water Patrol and the Orono Police Chief has informed the City that the proposed destination of this boat is 4444 Shoreline Drive in Spring Park. With this letter we are advising you that the transport and storage of this boat to property at 4444 Shoreline Drive in Spring Park is prohibited by the City zoning Code. In 2000, Donnybrook Service Center was pursuing an automobile dealer's license for the property at 4444 Shoreline Drive in Spring Park. The automobile dealer's license application required the City to sign off on the application stating that the property was conforming to the City Zoning. As a condition of the license approval, Donnybrook was required to bring their non- conforming site conditions into compliance with City requirements. The conditions of approval included: City of Spring Park 4349 Warren Avenue, Spring Park, MN 55384 Phone: (952) 471-9051 / Fax: (952) 471-9160 / Web: www.ci.spring-park.mn.us 1. All outdoor storage shall be limited to restoration vehicles, auto parts and tires associated with the Donnybrooke Service Center business. No out- door storage of trash or refuse will be permitted. 2. Add vegetative screening on the east side of the building to screen the east service door from the adjacent property. 3. All outdoor storage shall be limited to the area shown on the applicant's site plan behind the buildings and may not encroach into the required parking area. 4. No outdoor storage shall be stacked over seven (7) feet in height. The City cooperated with you, to allow for the state license to be approved for your site. The relocation and storage of the boat to 4444 Shoreline Drive violates the City Zoning code related to outdoor storage and the past approval. The approved outdoor storage items for Donnybrooke Service Center do not include boat storage (personal watercraft) and the boat storage would also exceed the height limitation of the previous approval. If you proceed to relocate the boat to 4444 Shoreline Drive, the City will immedi- ately proceed with enforcement of it Zoning Code and revocation of all past ap- provals. The City will pursue legal remedies to have the boat removed from the City at your expense. If you have any questions regarding this letter you may contact me at (763) 242- 1100. Sincerely Alan Brixius Spring Park City Planner City of Spring Park 4349 Warren Avenue, Spring Park, MN 55384 Phone: (952) 471-9051 / Fax: (952) 471-9160 / Web: www.ci.spring-park.mn.us 77 ,rG°�G3�C FARD-1Ki Oa lAke Ml#aetv4d Mayor February 23, 2000 Jerome P. Rockvam 471-9515 Don Bodin Councilmembers Vice President Wm. D.Weeks Donnybrooke Service Center 471-7285 4444 Shoreline Drive Richard Dietz Spring Park, MN 55384 471-7799 Joanna E.Widmer 471-9429 ' RE: Spring Park - Donnybrooke Service Center Auto Thomas J. Scanlon Sales License 471-7563 FILE NO: 175.01 - 99.12 Dear Mr. Bodin: This letter is in response to your request for City authorization of your auto sales license for the property located at 4444 Shoreline Drive. The City's planning consultant indicated that your site would be in compliance with the zoning standards in the C-1, General Commercial District provided that you meet and maintain the following standards: 1. All outdoor storage shall be limited to restoration vehicles, auto parts, and tires associated with your business. No outdoor storage of trash or refuse will be permitted. 2. Add vegetative screening on the east side of the building to screen the east service door from the adjacent property (please draw on the attached site plan the location, number and species of the proposed planting and return it with this letter). 3. All outdoor storage shall be limited to the area shown on the applicant's site plan behind the building and may not encroach into required parking areas (please draw in your designated outdoor storage area on the enclosed site plan and return it with this letter). 4. No outdoor storage shall be stacked over seven (7) feet in height. Qft ' of C51Pr11f9 Park P.O. BOX 452, SPRING PARK, MINNESOTA 55384-0452 - Phone: 471-9051 - Fax: 471-9160 If you agree to these conditions, the City finds that your site is in compliance with the zoning standards of the C-1, General Commercial District and can therefore sign off on your application for an auto sales license for the property at 4444 Shoreline Drive. Please indicate that you agree with and will maintain the standards cited in this letter by signing below, retaining a copy for your records, and returning the original to City Hall. Upon receipt, the City will authorize your auto sales license. We appreciated your cooperation in this matter and wish you the best of luck with your business in Spring Park. Sincerely, Patricia Ifigus, Administrator/Clerk/Administrator I will maintain the above cited zoning standards. If you agree to these conditions, the City finds that your site is in compliance with the zoning standards of the C-1, General Commercial District and can therefore sign off on your application for an auto sales license for the property at 4444 Shoreline Drive. Please indicate that you agree with and will maintain the standards cited in this letter by signing below, retaining a copy for your records, and returning the original to City Hall. Upon receipt, the City will authorize your auto sales license. We appreciated your cooperation in this matter and wish you the best of luck with your business in Spring Park. Sincerely, Patricia Higus, Administrator/Clerk/Administrator I will maintain the above cited zoning standards. . •FEB-22-2000 14:18 HAC 4444 ynorgnne vr, Spring Park MN 555384 (612) 471.8518 (800) 825-2502 612 595 3837 P . 04.- 04 TOTAL P.04 27-CV-22-1089 Filed in District Court State of Minnesota 2/4/2022 12:17 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Court File No.: 27-CV-22-1089 County of Hennepin, Honorable James A. Moore Plaintiff, V. ORDER FOR MEDIATION Paul Berquist, Benjamin Field Wilson, Superior Dreams LLC, Defendants. The matter came on for hearing, via Zoom, on February 3, 2022, on Plaintiff s Motion for Temporary Injunction. Plaintiff was represented by Assistant Hennepin County Attorneys Charles H. Salter and James W. Keeler, Jr. Defendant Paul Berquist appeared and represented himself. Defendant Benjamin Field Wilson appeared and represented himself. There was no appearance on behalf of Defendant Superior Dreams LLC.1 The Court heard argument from Plaintiff and from the individual Defendants. Defendant Berquist told the Court that he had provided an affidavit to Plaintiff on February 2, 2022, but that he had not yet filed the affidavit with the Court. The Court also heard testimony from Sergeant Nicholas Folger of the Minnesota State Patrol. At the conclusion of the hearing, the Court ordered Defendant Berquist to file his affidavit with the Court by February 4, 2022. The Court stated that it would take the matter under advisement upon receipt of Defendant's affidavit.2 t The Court noted at the hearing that an LLC must be represented by an attorney. See Nicollet Restoration, Inc. v. Turnham, 486 N.W.2d 753, 754 (Minn. 1992). Mr. Wilson stated that he intended to hire an attorney to represent Superior Dreams LLC within the next 30 days. z This order is being issued prior to receipt of Mr. Berquist's affidavit. Upon further reflection, the Court believes that it is unlikely the affidavit would sufficiently resolve the factual issues raised by the pending motion and that 27-CV-22-1089 Filed in District Court State of Minnesota 2/4/2022 12:17 PM Based on the files, records, and proceedings herein, the Court makes the following: ORDER 1. By 4:30 p.m. on February 4, 2022, Defendant Paul Berquist shall file with the Court the affidavit that he provided to Plaintiff. 2. By February 8, 2022, the parties shall jointly select a mediator for the case. If the parties are unable to agree upon a mediator, the Court will appoint one. Plaintiff shall advise the Court whether a mediator has been selected by 4:30 p.m. on February 8, 2022. Absent agreement of the parties to the contrary, the cost of mediation will be equally divided among the four parties to this action. 3. As soon as possible, but not later than February 18, 2022, the parties3 shall engage in mediation and attempt to agree upon a way to quickly, safely, and legally move the yacht and trailer to a location where it can be legally stored. The parties shall negotiate in good faith to resolve the issue. All parties, and all persons with authority to bind the parties, shall be available to the mediator. The parties shall also have available at the mediation any insurance agents, licensing or permitting authorities, and any experts who may be necessary to achieve a full negotiated settlement of the issue of moving the yacht.4 4. If the mediation fails to produce an agreement as to how the yacht can be quickly, safely, and legally moved; each party shall submit to the Court by February 22, 2022, extensive discovery and further evidentiary hearing would be required. Under the circumstances, the Court has decided to set a more expeditious course for the case. 3 Superior Dreams LLC must attend and participate in the mediation but if is not yet represented by counsel at the time of the mediation, it may participate in the mediation through corporate officers or officials who have the power to bind the LLC. 4 Although a full and final resolution of all claims in the lawsuit is desirable, the focus of the mediation shall be on the issue of moving the yacht. Other issues, such as claims for damages, can be reserved for later consideration by the Court, if necessary. 27-CV-22-1089 Filed in District Court State of Minnesota 2/4/2022 12:17 PM its/their proposal as to how to accomplish that objectives The parties' proposals submitted to the Court must include a cost estimate, a timeline for completion of the project, and must take into consideration the last mediation proposal by the opposing party and shall specifically address any perceived deficiencies in the opposing parry's final mediation proposal. The Court will take the motion for temporary injunction under advisement upon receipt of the parties' submissions hereunder. 5. Plaintiff shall promptly provide Defendants with a copy of this Order. 6. The attached Memorandum is incorporated herein. Dated: February 3, 2022 BY THE C URT� Moore, James Feb 4 2022 12:05 PM James A. Moore Judge of District Court 5 Defendants may submit a joint proposal or may submit individual proposals. 27-CV-22-1089 Memorandum Filed in District Court State of Minnesota 2/4/2022 12:17 PM This case involves a very real danger to the public. A large yacht sits precariously — subject to a whole range of outside forces that may cause it to topple. It is sitting on public land where children and interested observers may play and gather. Moreover, it has fuel in it that is subject to spill. The Court and parties must act quickly to resolve the issue and to move the yacht to a place where it can be safely stored. Getting it there, though, will require navigating a complex web of highway safety regulations, engineering issues, permitting issues, equipment availability, and cost. Against this backdrop, the Court is asked to issue a blanket order abating the nuisance. Oh, were it that simple! Minn. R. Civ. P. 65.04 requires that an order for a temporary injunction "be specific in terms; [and] shall describe in reasonable detail ... the act or acts sought to be restrained." Here, Plaintiff seeks a mandatory injunction —that is —an order to do something, rather than to prohibit someone from doing something. In either case the legal standard is the same. But the Court is in no position to issue any detailed order as to how this apparent nuisance should be abated. There are simply too many unknown variables, which prevent the Court from giving accurate instructions for moving the yacht. The parties are in a better position to coordinate moving the yacht and they must try to do so. If they cannot figure it out, the Court is prepared to issue orders. In the absence of a negotiated solution to the present problem, the process set forth in the foregoing Order will give the Court the information it needs to act. J.A.M.