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ANNOUNCEMENTS/CORRESPONDENCE
16200 l~l~reek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPI~)RTUNITY EMPLOYER
CITY OF PRIOR LAKE
APPLICATION FOR A 3.2 TEMPORARY LIQUOR LICENSE
Applicant Information:
Name: ~. ~-./~-~'
Address:
Phone Number: Home #/1~" I~G~ Work #
Date of Event t0O6. 3., lgq6
Time of Event From://.~0 ~ ,m to //.'c_fO fora
Description of Event: L,o/(~' f f o,,,'~ }),o y:~.
Insurance Information: Please supply the following information on dramshop insurance
for this event and a copy of the insurance bond.
Comp,any/Organization supplying dramshop insurance for this event:
The application fee of $25.00 must accompany this application. This application is due at
least two (2) weeks before the regularly scheduled Prior Lake City Council Meeting.
If you have any questions concerning this application for a 3.2 Temporary Liquor.License,
please call Laurie Friedges at the Licensing Department, City of Prior Lake, (612)
447-4230.
FEE PAID
MINNESOTA JOINT UNDERWRITING ASSOCIATION
PIONEER P.O. BOX 1760
ST. PAUL, MN 55101
1-800-552-0013 OR (612) 222-0484
APPLICATION FOR LIQUOR LIABILITY COVERAGE
Coverage will not be bound if the correct premium payment, written
rejection, current license and required documentation of liquor
receipts are not attached. Coverage cannot be bound prior to
12:01 a.m. the day following receipt of the above by the
Administrator.
Legal Name of Applicant
Trade Name "'~ID~ C~'~
Mailing Address P 0 6 ~X
Individual Partnership Corporation ~ Non-Profit Other
If Applicant is Individual:
Applicant Name
Spouse Name
If Applicant is a Partnership of Corporation:
Name of Each Partner or Owner Percentage of Ownership
Operating Location(s)~- List all Locations:
1. .... LA..
i
Classification
Primary Nature of Business:
Check all applicable.
1' Restaurant 2. Club 3. Bar
4. .".Bowling alley 5.' 'On/Off Sales
6. Off Sale Only 7. ~Special Event
,.
Total Gross Receipts of Entire Establishment ~K~~~
Gross Receipts from Liquor Sales Included Above ,,~/~
·
Seating Capacity Total Bar Only
License in Effect? _____Yes X No ~P. ~ ~f~ d~ ~- ~-/~-~
Licensing Authority ~q ~ ~. ]m~~
Address J ~ ~C)~ ~ ~, a~ ' ~ ~ ~ /~U~., '"~t 0/~ L~Ce
License Number F~O~ ' '
Effective Date ~- ~ -- 9C Expiration Date
License Ever Revoked/Suspended? . Yes ~No If yes, date
If yes; explain
CAUTION
Any misrepresentation made by the applicant can void coverage or
result in cancellation. False or misleading answers to the
following questions would constitute gross misrepresentation and
void coverage.
A "loss" does not include "notice of claim" unless, following
receipt of notice, your insurer established a reserve or made a
payment in settlement of the claim.
A "violation" includes any conviction on a charge brought against
the Applicant or any employee or agent of the Applicant arising
out of an 'illegal sale of liquor.
Coverage Information
Liquor Liability Coverage Currently in Effect? ~Yes ~ No
Previous three (3) years of .insurance coverage prior to effective
date of coverage desired:
Policy
Carrier Address Policy ~ Period Losses Violations
·
·
Has Liquor Liability Coverage Ever Been Canceled?
If Yes, Reason:
Yes ~ No
Applicant agrees to permit contract administrator to audit
applicant's books and records during normal working hours to the
extent deemed necessary to verify information relating to receipts
from liquor sales and/or other matters concerning the coverage
applied for.
age is~r%quested to take effect at 12:01 a.m. on ~-~-~&
~~~/' '~~~c a n~ ~"/~ ~ ~/~-/~'-'~S
· t~ignatu~e ~f.~pli Date Telephone Number
Agent Name (Print) ~7~ ~~ ~ ~-~
· . /
Agency Name ~,6~ [~ ~ ~~-- ~~y
Street Address p 0 &O~
City, State,. Zip Code ~(d~ t~ ~/ ~O ~~ 7~
'
Agency Fed. I.D.' Number ¢-O957~ r Agent SSN '
Telephone Number
STATE OF MINNESOTA
COUNTY OF SCOTt
CITY M~R~. OFFIOE
01TY OF PRIOR LAKE
JUL tT lffi$ ~
EI EIVE
DISTRICT COURT
FIRST JUDICIAL DISTRICT
Prior Lake Oaks, LLC,
a Minnesota limited liability
company,
Plaintiff,
v. SUMMONS
City of Prior Lake, a
Municipal corporation
You are hereby summoned and required to serve upon Plaintiff's attorney an answer
to the Complaint which is herewith served upon you, within twenty (20) days after service
of this Summons upon you, exclusive of the date of such service. If you fail to do so,
judgment by default will be taken against you for the relief demanded in the Complaint.
Dated this I g day of July, 1996.
--
SIEGEL, BRILL, GREUPNER & DUFFY, P.A.
rald S. Duffy, I.D(. No. 24703
James A. Yarosh, I.D. No. 241854
Attorneys for Plaintiff
100 Washington Avenue South
1300 Washington Square
Minneapolis, MN 55401
(612) 339-7131
42/960610/IC/20435-D-001/summons
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF SCOTT
FIRST JUDICIAL DISTRICT
Prior Lake Oaks, LLC,
a Minnesota limited liability
company,
Plaintiff,
v. COMPLAINT
City of Prior Lake, a
Municipal corporation
Plaintiff, for its complaint states and alleges as follows:
1. Plaintiff, Prior Lake Oaks, LLC ("Prior Lake Oaks") is an assignee of RCS
Associates, Inc. of that certain Option Agreement dated July 1, 1995 and amendments
thereto for the purchase of property between Wesley R. Green and RCS Associates, Inc.,
a Minnesota corporation. The property is approximately 13 acres and is located in the City
of Prior Lake, Scott County (the "Property").
2. The Defendant, City of Prior Lake, is a municipal corporation organized and
existing under the laws of the State of Minnesota.
3. In April of 1995, RCS Associates ("RCS Associates") made five applications
with the City of Prior Lake including a schematic/preliminary planned unit development
("PUD"), rezoning, preliminary plat, variance and conditional use permit ("CUP") for a
residential development project known as Wild Oaks (the "Development Proposal").
4. The Prior Lake Planning Commission originally heard the Development
Proposal at a public heating on August 28, 1995. After a presentation by RCS Associates,
the Planning Commission voted to table the Development Proposal to a later date.
5. The Development Proposal was again presented before the Planning
Commission on October 23, 1995, after RCS Associates had an opportunity to work with
City staff to address some of the concerns presented at the August 28, 1995 public hearing.
6. On October 23, 1995, following the public hearing, the Planning Commission
denied approval of the Development Proposal.
7. The Prior Lake City Council requested from the developer an extension of
time to review the Development Proposal and the City Council remanded the matter back
to the Planning Commission for another Planning Commission hearing on January 8, 1996.
8. During the period between the second and third Planning Commission
hearings, the developer worked extensively with City staff to prepare an amended
Development Proposal ("Amended Development Proposal") which addressed the concerns
expressed by neighbors and the Planning Commission at previous hearings.
9. The Amended Development Proposal reduced the number of townhome units
from 23 to 20 in order to preserve more trees.
of the neighbors and the Planning Commission.
Pre ~s~.__tation of trees was a major concern
10. The City staff stated that the Amended Development Proposal met all
ordinances and requirements and recommended approval of the plan.
11. The Planning Commission, at the January 8 hearing, approved the Amended
Development Proposal as submitted.
12. The Amended Development Proposal went to the City Council for a hearing
on January 16, 1996.
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13. Upon information and belief, the City Council had agreed that there would
be no more public testimony on the Amended Development Proposal.
14. At the City Council meeting, the Mayor of Prior Lake allowed more testimony
from neighbors and allowed a response by the developer.
15. After the presentations and some discussion by the Mayor and the Council
members, the City Council voted to deny the Amended Development Proposal.
16. At the next City Council meeting, the Council voted to approve Findings of
Fact in connection with the denial of the Amended Development Proposal.
DECLARATORY JUDGMENT
17. The allegations contained in paragraphs 1 through 16 are realleged and
incorporated herein by reference.
18. The City of Prior Lake's denial of the Amended Development Proposal was
arbitrary, capricious and unreasonable and, therefore, illegal, invalid and void.
19. The Findings of Facts supporting the City of Prior Lake's denial of the
Amended Development Proposal were legally insuff~_' _lent and without factual basis and,
therefore, arbitrary, capricious and unreasonable.
WHEREFORE, Plaintiff demands judgment against the Defendant, adjudging and
decreeing as follows:
1. Declaring that the actions of the City of Prior Lake in denying the Amended
Development Proposal were arbitrary, capricious and unreasonable and are, therefore,
illegal, invalid and void;
2. Directing the City of Prior Lake to approve the amended Development
-3-
Proposal and allowing Plaintiff to commence the project;
3. For costs and disbursements incurred herein; and
4. For such other and further relief as the court deems just, fair and equitable
under the circumstances.
Dated this [ b day of July, 1996.
SIEGEL, BRILL, GREUPNER & DUFFY, P.A.
G~ald S. Duffy, I~. No. 24703
James A. Yarosh, I.D. No. 241854
Attorneys for Plaintiff
100 Washington Avenue South
1300 Washington Square
Minneapolis, MN 55401
(612) 339-7131
ACKNOWLEDGEMENT
I, James A. Yarosh, acknowledge that costs, disbursements, and reasonable attorney
and witness fees may be awarded to the opposing_[~a?ty or parties pursuant to § 549.21,
Subd. 2.
Jahl~Y~;s~~fi~~
42/960716/IC/20435-D-001/01.cora
-4-
ul 18, 1996 ~e
Nlayor~" ' . ~._
Schenck, Assistant ~:xtY
[BOM: Frank Boyles, City Mana
B~: Special Meeting
There w~ be a Special Meeting o{ the City Counc~ to recess into Executive Session
{or the purpose of &scussing labor negotiations on Monday, July 22 at 6:00 PM in
the Counc~ Chambers at the Fire Ha~.
CC~
Prior Lake American
John Roszak
EMERG.DOC
SPECIAL COUNCIL MEETING
AGENDA
July 22, 1996
1. CALL TO ORDER ............................................................................... 6:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. RECESS TO EXECUTIVE SESSION
4. RECESS FROM EXECUTIVE SESSION.
16200 ~b-~ek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER