(Spirit Lake)– Testimony concluded Friday in the trial between Butch Parks and the city of Okoboji over whether Parks should be allowed to operate a bar along with a marina he’s proposing for the former Okoboji Boats building.
Karla Dougherty was one of several witnesses testifying on Parks’ behalf. She currently works at Parks Marina and worked at the former Okoboji Boats when it was owned by Bob Schneider and Jim Jensen. Dougherty testified that at that time, beer was sold from the operation and was occasionally consumed there. She added that to her knowledge, there had been no concerns expressed about from neighbors.
Bill Sackett, who assisted Okoboji in establishing its zoning ordinance in the early 1970’s, also testified on Parks’ behalf. He said it was the Zoning Committee’s intent at the time not to zone any businesses out of existence. As a result, commercial operations such as Okoboji Boats that were later classified as Lakeshore Residential were grandfathered in, as long as they continued with similar operations in the future. He says it’s his understanding the Zoning Committee didn’t specifically contemplate the possibility of a bar ever operating out of the Okoboji Boats location.
Parks took the stand on his own behalf, telling the court a bar is a common feature of marinas this day and age. He said his intent is to make the former Okoboji Boats one of the best marinas in the country. Parks said about 25 jobs would be created and that the business would be the top local option sales tax payer in the area.
Under cross examination by City Attorney Mike Chozen, Parks testified he couldn’t recall a telephone call last year from Paul Johnson, a Dickinson county supervisor, about a noise complaint he had received from the Barefoot Bar at Parks Marina on East Lake Okoboji. Johnson was later called by Chozen as a rebuttal witness. He testified about three different complaints he had received about the Barefoot Bar…stemming from one incident where a band had its base turned all the way up. Johnson said he called Parks the following morning about the complaints. He said Parks aknowledged the problem and after that, Johnson says he received no more complaints.
Testifying on Parks’ behalf, Paul Maurer, an architect, stated that based on figures and designs he did, there would be adequate off-street parking for the type of operation Parks was proposing.
In his closing statement, Chozen requested the Judge issue a ruling prohibiting the operation of a bar or tavern on the premises and that the businesse’s special use permit be revoked due to a violation he says took place previously.
Phil Redenbaugh, Parks’ attorney, requested the judge rule that having a bar in the former Okoboji Boats would not violate any covenants or restrictions the city has placed on the property.
Judge John Duffy said he’ll issue a ruling in the next 30 days or so.
