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MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
CONSIDER APPROVAL OF SOLUTION AUTHORIZING SEASONAL
PARKING ALONG GREEN HEIGHTS TRAIL
Introduction
The purpose of this agenda item is to request Council consideration of
authorizing seasonal parking on the south side of Green Heights Trail
approximately from the intersection of Dutch and Green Heights Trail, along
Green Heights Trail to the access of Captain Jack's.
Historv
Attached is the June 16, 2008, agenda report prepared by Public Works Director
Steve Albrecht. The report outlines the history of on-street parking in the
Captain jack's area as well as the history of the Dan O'Keefe parcel as it relates
to the same subject.
The Traffic Safety Committee reviewed a request from Captain Jack's for
additional on-street parking. They concurred that a limited amount of on-street
parking could be added along Green Heights Trail adjacent to the Dan O'Keefe
lot by moving boulders back to the right-of-way line.
The Council conducted a public information hearing at the last City Council
meeting. There was extensive public participation including numerous emails
and voice mails before the meeting, and twelve speakers at the meeting.
Attached is a five-and-one-half page excerpt from the meeting minutes which
reflect the input the Council received. At the conclusion of the hearing, the City
Council unanimously adopted a motion to, "table the request for parking until the
next meeting and have all parties meet to find a solution."
Current Circumstances
On Saturday, June 28, 2008, fifteen neighbors met with two Captain Jack's and
two City representatives. The two-hour meeting was frank and open. Based
upon my notes (attached), there were twenty potential action items identified
during the course of the discussion. Seven of the items are follow-up for the City
of Prior Lake, 11 are items for Captain Jack's to consider and two were for the
neighbors. No commitments were made at the meeting.
On July 2, 2008, I received an email from Captain Jack's setting forth
commitments they will make in an effort to be a good neighbor. An excerpt from
the Captain Jack's email is shown below:
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
"Captain Jack's commits to implementing the following major action steps:
Overall, implement even more policies and procedures to limit the noise
for the neighborhood.
Limit all outdoor activities to no later than 10 p.m.
Hire security/bouncers to patrol parking lot and docks after 10 p.m. to
reduce noise.
Close facility after 11 p.m. on Sundays, Mondays and Tuesdays.
Clean the parking lot and streets as best as possible.
Redirect the overhead parking lot light so as not to shine into certain
homes on Park Avenue.
As always, all suggestions and comments will continue to be considered. As you
have seen, it is our desire to be good neighbors."
In addition to these commitments, the City would take the following actions:
- Authorize installation of "Quiet Zone" signs on and near Captain Jack's.
Authorize the installation of a yield sign stopping Dutch for east and west
bound Green Heights Trail traffic.
Place, "no parking signs here to the corner" at the intersection of Dutch
and Green Heights Trail.
Find out if the State Clean Air Act creates a no smoke zone within 25 feet
of each entry and if it applies to outdoor serving areas.
Assist Captain Jack's in complying with the City sign ordinance especially
related to banners.
Identify the occupancy limits inside the restaurant and on the outside
decks.
Conclusion:
The City Council should determine if the actions to be taken by Captain Jack's,
the actions to be taken by the City and the on-street parking on Green Heights
Trail will facilitate a better environment in the neighborhood for all stakeholders
ISSUES:
Captain Jack's is making attempts to be a better neighbor. They have proposed
to be closed Sunday, Monday and Tuesday at 11 p.m. (except holidays) and to
hire security to patrol the parking lot and docks. Finally, they have agreed not to
have outside activities after 10 p.m.
These are the type of commitments which can substantially reduce late night
noise (the single biggest neighborhood concern) in this area. The key, of
course, is in how well and how long these commitments are executed.
In the short run, the City, Captain Jacks' and neighbors have agreed to meet
again on August 9 at 9 a.m. to discuss how well these commitments are being
implemented. I would expect that follow-up meetings will occur.
There are two ways to memorialize these agreements. One is to amend the
Conditional Use Permit which will require a public hearing before the Planning
Commission. The City Attorney has observed that from an enforcement
perspective, this is the best option.
The other option is to adopt a resolution which identifies the commitments the
parties have agreed to undertake on an ongoing basis. To assure effective
enforcement, the resolution reads, "If the City Council determines in its sole
discretion that the commitments set forth herein are not being effectively
implemented at any time, then and in that event they shall order that the
Planning Commission conduct a public hearing to evaluate, amend or void the
Conditional Use Permit.
The Council should determine which approach is most appropriate.
FINANCIAL
IMPACT:
A considerable amount of staff and City Council time and energy have been
spent on this issue. Hopefully, through these agreements, the time investment
will be less in the future.
ALTERNATIVES:
1. Adopt a resolution approving the Traffic Safety Committee parking
recommendation and commitments of the parties.
2. Direct the Planning Commission to conduct a public hearing and amend the
Conditional Use Permit.
RECOMMENDED As determined by the City Council.
MOTION:
Reviewed by:
Frank Boyles, City Manager
A RESOLUTION AUTHORIZING SEASONAL PARKING ALONG GREEN HEIGHTS TRAIL
CONDITIONAL UPON PERPETUAL COMPLIANCE WITH COMMITMENTS MADE BY CAPTAIN
JACK'S TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE NEIGHBORHOOD
Motion By:
Second By:
WHEREAS, Green Heights Lake Club, now known as Captain Jack's, received conditional use
approvals from the City in 1984, 1986, 1988 and 1990; and
WHEREAS, Site plans were approved by the City for this property in 1976, 1984, 1985, 1988 and
1995; and
WHEREAS, In 2008 Captain Jack's requested that the City's Traffic Safety Committee provide
additional on-street parking for patrons on Green Heights Trail; and
WHEREAS, The Traffic Safety Committee revisited the request and recommended that nine or
fewer spaces be provided for on the south side of Green Heights Trail between the
entry to Captain Jack's and Dutch Avenue; and
WHEREAS The City Council conducted a public informational hearing on June 16, 2008, at which
12 person testified and various emails and voice mails were submitted as well; and
WHEREAS At the conclusion of the hearing the City Council deferred action on the request until
representatives from Captain Jack's and the neighborhood could meet and discuss the
issues and agree to steps which would provide on-street parking as well as address
public safety, health and welfare issues of concern to the neighbors; and
WHEREAS On June 28, 2008, the City staff met with neighbors and Captain Jack's representatives
and identified twenty potential areas where additional information or corrective steps
could be taken to protect the neighborhood; and
WHEREAS Captain Jack's in an email dated July 1, 2008, has agreed to the following:
Implement policies and procedures to limit the noise for the neighborhood.
Limit all outdoor activities to no later than 10 p.m.
Hire security/bouncers to patrol parking lot and docks after 10 p. m. to reduce
noise.
Close facility after 11 p.m. on Sundays, Mondays and Tuesdays, except for
holidays.
Clean the parking lot and streets daily.
Redirect the overhead parking lot light so as not to shine into certain homes on
Park Avenue; and
WHEREAS The City staff has proposed the following:
- Approval of seasonal parking on Green Heights Trail on the south side between
the Captain Jack's driveway and Dutch Avenue.
- Authorize installation of "Quiet Zone" signs on and near Captain Jack's as
public service signs.
Install a yield sign at the Dutch Avenue/Green Heights Trail intersection.
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
Place "no parking here to the corner" signs next to the Dutch Avenue/Green
Heights Trail intersection.
Identify Clean Air Act requirements and report them to Captain Jack's.
Identify the occupancy limits of the restaurant inside and per deck; and
WHEREAS
Another meeting is scheduled on August 9,2008, at 9 a.m. at Captain Jack's to
discuss the effectiveness of steps taken to control noise in the neighborhood; and
WHEREAS
The Council desires that all of the commitments enumerated above be implemented by
Captain Jack's and the City in an effective and ongoing manner.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Traffic Safety Committee recommendation for seasonal on-street parking on Green Heights
Trail is hereby approved.
3. The City will expeditiously complete the following:
Install a yield sign at Dutch Avenue and Green Heights Trail.
Install "no parking here to the corner" signs at the same intersection.
- Authorize "Quiet Zone" signs as public service signs.
Identify Clean Air Act requirements for Captain Jack's and the neighbors.
- Assist Captain Jack's in complying with the City sign ordinance.
Identify the occupancy limits inside and on both decks.
4. Captain Jack's will expeditiously and in an ongoing manner effectively complete the following:
Implement policies and procedures to limit noise for the neighborhood.
Limit outdoor activities to no later than 10 p.m.
Hire security/bouncer to patrol parking lot and docks after 10 p.m. to reduce noise.
Close facility after 11 p.m. on Sundays, Mondays and Tuesdays, except for holidays.
Clean parking lot and streets daily.
Redirect the overhead parking light so as not to shine into certain homes on Park Avenue.
5. If the City Council determines in its sole discretion that the commitments set forth herein are not
being effectively implemented at any time, then and in that event they shall order that the Planning
Commission conduct a public hearing to evaluate, amend or void the Conditional Use Permit.
PASSED AND ADOPTED THIS ih DAY OF JULY 2008.
YES
NO
I Haugen
I Erickson
I Hedberg
I LeMair
I Millar
Haugen
Erickson
Hedberg
LeMair
Millar
Frank Boyles, City Manager
M:\COUNCIL\RESOLUTI\2008\070708 Parking Green Heights Trail.DOC
AGENDA ITEM:
DISCUSSION:
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING SEASONAL
PARKING ALONG GREEN HEIGHTS TRAIL
Introduction
The purpose of this agenda is for the City Council to receive comments from the
public and review a request for seasonal parking on one side of the street across
from Captain Jack's restaurant.
Historv
On June 7,2004 the City Council temporarily lifted the "no parking" on either side
restrictions (Res. #04-94) on Green Heights Trail until October 15, 2004 to allow
for approval of a Conditional User Permit (CUP) permitting construction of a
gravel parking facility. On July 19, 2004 the City Council approved a CUP that
allowed seasonal parking on the Vacant Lot (figure 1) across Green Heights Trail
from Captain Jacks. The then Owners of Captain Jacks did not move forward
with the parking improvements after approval of the CUP and the temporary
parking allowed on Green Heights Trail ended October 15, 2004 and the original
restrictions were replaced. For the past several years parking did occur on the
vacant property that was not consistent with the CUP requirements and was
therefore illegal. In 2007 Captain Jacks was sold, however the new ownership
group did not acquire the vacant property that the CUP had been previously ap-
proved for. Illegal parking continued on the property until earlier this year when
the owner of the property placed boulders and a gate prohibiting parking on the
property. It should be noted that the boulders and gate both appear to be in City
right-of-way and will need to be moved back on to the private property line re-
gardless of the Councils actions regarding this request.
Current Circumstances
In May of 2008 the Traffic Safety Committee (TSC) received and reviewed a re-
quest by the current owners of Captain Jacks to allow additional on-street park-
ing along Green Heights Trail. The TSC was provided with resident emails and
testimony from the owners of Captain Jacks regarding the parking issues. The
TSC determined the following:
1) Green Heights Trail is only 26 feet wide (back of curb to back of curb) in
this area and therefore does not meet the City's design criteria for permit-
ting parking on one side of the street. A minimum width of 28 feet is re-
quired for parking on one side.
2) The boulevard along the vacant lot has been disturbed and parked on
previously. That area could be graveled allowing parking to straddle the
existing surmountable curb providing a width including road and right of
way of approximately 30 feet which would provide sufficient width to meet
City guidelines. The 190-200 foot segment of the roadway along the
O'Keefe parcel does not have any existing driveways and could provide
for up to nine seasonal parallel parking stalls.
3) Any parking allowed along the boulevard should be seasonal only as it
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
ISSUES:
FINANCIAL
IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
Reviewed by:
would only be a gravel surface and winter snow removal would prohibit its
use.
4) Because the City Council restricted parking in this area the TSC does not
have the authority to approve this change to the parking in the area.
Councilors Millar and LeMair are both members of the TSC and both felt very
strongly that the neighbors should be permitted to comment on parking issues
related to Captain Jacks prior to the City Council making any changes in the
area. For that reason the TSC recommended an informational hearing as part
of this report.
The Council should be aware that the staff has received several calls from
neighbors asking to talk about the noise issues in the parking lot as well.
Conclusion
The TSC recommends the Council conduct an informational hearing on parking
issues related to Captain Jacks and then make a determination whether addi-
tional seasonal parking can be permitted.
There are many concerned residents in the neighborhood. The increased park-
ing would only allow up to 9 additional vehicles which should not have a substan-
tial impact on traffic safety on Green Heights Trail.
The Council should be aware that the staff, Captain Jack's representatives and
interested neighbors met last week to discuss issues. Nine issue areas were
identified with regards to Captain Jacks which the three parties will continue to
meet about in an attempt to cooperatively address each. If neighbors wish to
discuss these other issue areas the Council could suggest they engage in these
neighborhood meetings. The next meeting is scheduled for 10 a.m. on Satur-
day, June 28, at Captain Jack's.
Future development of the vacant parcel would eliminate any seasonal parking
approved as part of this action. The owner of the property is currently working
with a developer although no planning or building application has been made to
the City.
It is estimated that the annual costs to maintain the seasonal boulevard will be
less than $500. City staff believes any costs for maintenance of this area should
be paid by Captain Jack's.
1. Open informational hearing regarding parking issues.
2. Approve a resolution authorizing seasonal parking along Green Heights Trail
at specified location.
3. Table this agenda item for a specific reason.
4. Deny this agenda item for a specific reason and provide staff with direction
Alternatives NO.1 and 2.
Frank Boyles, City Manager
ACTION ITEMS
CAPTAIN JACK/NEIGHBORHOOD MEETING
JUNE 28. 2008
At 10 am on Saturday, June 28,2008 approximately 14 neighbors from the
Captain Jacks area met with Captain Jacks and city representatives to discuss
their concerns about the operation of the facility. Below is a summary of
potential action steps which were discussed at the meeting and the
responsible party. Captain Jack's will consider these options for
implementation:
1 Limit all outdoor activities to 10 pm. (CJ)
2 Deploy one or more Captain Jacks bouncers outside in the
parking lot and on the docks to eliminate noise after 10 pm or
reduce it to the minimum possible. (CJ)
3 Find out if the clean air act is limited to areas which are indoor and
which food and beverages are served. Find out also if there is a no
smoke zone within 25 feet of any entry door.(CPL)
4 Find out where the quit zone signage can be installed.(CPL)
5 Find out the city ordinance requirements for the temporary banner
signs.(CPL)
6 Consider closing facility after 11 pm on Sunday, Monday and
Tuesday evenings.(CJ)
7 Find out what the occupancy limits are inside and outside at the upper
and lower bar area.(CPL)
8 Stop motorcycles and cars from revving and flooring it on Captain
Jack's property.(CJ)
9 Change the content on the temporary banner signs to be less liquor
oriented and more balanced to attract families and not the 25 year old
drinkers.( CJ)
10 Mark the curbs at Green Heights and Dutch 30 feet from all comers to
show parkers the illegal area.(CPL)
11 Consider installing a yield sign on Dutch at the Green Heights
intersection. ( CPL)
12 Provide neighbors with the cell phone number which will be answered
late at night and weekends if there is a complaint to file.(CJ)
13 Consider whether the parking lot could be physically secured after
operating hours.(CJ)
14 Residents to consider whether to install no trespassing signs on their
property's so the police can take action.(N)
15 Suggested that Captain Jacks drop the request for amendment of the
outdoor concert ordinance considering resident concerns about
outdoor activity and noise.(CJ)
16 Clean up outdoor parking lot and neighborhood streets and properties
daily.(CJ)
17 Redirect to light on the side of the building so it is less observable by
neighbors.(CJ)
18 Ifresidents have noise complaint call the Captain Jacks cell number.
If that is not effective then cal 911.(N)
19 Attempt to eliminate or curtail noise using own personnel or security
firm. If unsuccessful promptly call police at 911.(CJ)
20 An e-mail roster of those present was kept and will be made into a
group list so the city and Captain Jacks can better pass along
information to one another.(CPL,CJ,N)
A follow up meeting to observe the progress of each of these items is
scheduled for Saturday, August 9 at 9 am at Captain Jacks.
CPL=City of Prior Lake
CJ =Captain Jacks
N=neighbors
Frank Boyles
City Council Meeting Minutes
June 16, 2008
DRAFT
they ve done all the work necessary for the City to approve it. Feels proud that this unique development
with the urch, housing, Safe Haven for Youth and the YMCA is underway. Encouraged peo 0 get
involved to Ip the YMCA by enrolling, contributing, etc.
Haugen: Com ented that initial conversations for this project began about four year etween the City,
Shepherd of the L e and YMCA representatives. Great to see it become a rea' . Noted that references
to this facility will alw include "in Prior Lake," which is incorporated in its e.
"
MOTION BY MILLAR, SEC
ALS FOR 2008-2009 AND RES
PATH/YMCA.
VOTE: Ayes by Haugen, Erickson, Hedo
ED BY HEDBERG TO APPROVE USE HAULER PERMIT RENEW-
E FINAL PUD FOR SHEPHERD'S
PRESENTATION
Oath of Office for New Firefighters
Fire Chief Doug Hartman introduced fighters JacK Carlson, Joe Machal and Dan Seery announcing
they have completed over 200 ho of outside training an 0-70 hours of internal training. Stated they
have been responding to calls d contributing their efforts to Fire Department. Mayor Haugen ad.
ministered the Firefighter of Office to each firefighter and a b e was received by each.
Presentation of C erPoint Energy 2008 Community Partnership Gra
Building and T sportation Services Director Kansier introduced Center 'nt Marketing Manager
David Murr ,Murray presented a $2,500 grant to Mayor Haugen and Fire Chie rtman explaining that
the Co unity Partnership Grant is used to help cities leverage local funds to purcha safety equipment.
Ka . r explained that funds will be used to purchase three microgas monitors for the firs ponding chief
icles and another two monitors for the fire apparatuses.
PUBLIC HEARING
Consider Approval of a Resolution Authorizing Seasonal PCtrking Aiong Green Heights Trail
Public Works Director Albrecht briefed the Council on the history of this topic and the recommendation
from the Traffic Safety Committee. Suggested seasonal parking only as use would be prohibit during the
winter due to snowplowing issues. Advised the Council that the Traffic Safety Committee believes this item
is not within their purview since Council action has been taken previously regarding parking in this area.
Spoke of costs for signage and gravel that would be incurred if seasonal parking is permitted and recom-
mended that cost be charged to Captain Jack's.
MOTION BY MILLAR, SECONDED BY HEDBERG TO OPEN THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing
opened at 6:30 p.m.
Comments:
Tom Sylvester, 4031 Roanoke Street, commented that he takes the route (proposed for parking) every
day. Stated the brush on the corner is so high you can't see anything coming from Captain Jack's. If cars
were parked there, visibility would be even less. Gave examples of experiences of near accidents due to
that situation. Stated also that trash is left behind and Captain Jack's doesn't pick it up. Believes emer-
gency response equipment would have a hard time getting through if they were called upon.
Ken McQuade, 16517 Dutch Ave SE, stated that parking was part of the discussion during the neighbor-
hood meeting. Agreed it is difficult so see around the comer of Dutch / Green Heights Trail and believes
3
City Council Meeting Minutes
June 16, 2008
DRAFT
cars should not be allowed to park there. Commented that people are often speeding when approaching
Captain Jack's. Noted that since littering was brought up at the neighborhood meeting, Captain Jack's em-
ployees have been coming out to pick up the trash so he feels that is being taken care of better. Ques-
tioned what would happen about parking when the lot along Green Heights Trail is sold.
Pat Stevens, owner of 16517 Dutch Ave SE, concurred with McQuade comments and spoke of the resi-
dential nature of the neighborhood, future market value and peaceable enjoyment of residents in the area.
Stated he wants to go on record that there is a natural conflict of interest with a growing enterprise that gen-
erates a lot of people coming and going at night when others want to have peace and quiet. Noted there
has to be something that would enable more people to park.
Irene Stevens, owner of 16517 Dutch Ave SE, spoke of pond on the lot being part of the wetland system
and wondered if there are provisions to keep from building that close to wetlands. Noted that when they
built their house they had to ascertain where wetlands were and could not build too close. Asked what dif-
ference there would be in that regard between building a home and a parking lot.
Robin Mueller, Webster, stated she wanted to speak for her friend who lives in the neighborhood stating
she wanted to verbalize what her friend cannot. Commented on the negative aspects of: noise during late
hours caused by car doors or people outside in the empty lot; littering caused by patrons of Captain Jack's;
and people sleeping in yards. Believes Captain Jack's is eroding the neighborhood. Asked if there would
be bouncers to patrol the streets. Stated she has seen a change in personality of her friend since the no-
smoking ordinance has moved people out into the street. Believes Captain Jack's should control parties in
the parking lot. Stated that the Department of Natural Resources has allowed additional boat slips at Cap-
tain Jack's and the revenue gained from renting the boat slips negates the impact of any $500 fine.
Albrecht: Stated that a letter was received from Larry Anderson, 16575 Dutch Avenue SE, expressing that
he is against additional parking.
Dirk Bolstad: Asked how many parking spots would be provided with this request.
Albrecht: Nine.
Bolstad: Commented that there have been changes over the past 25 years, but it is important to remem-
ber that Prior Lake started as a resort area with over 15 resorts/bars. It is a part of Americanna. Stated
that the City needs businesses to help with taxes and has to help businesses succeed. Believes the com-
munity is doing itself an injustice if it does not support the solution for parking. Stated he has a couple of
complaints occasionally, but when mentioned, Captain Jack's is proactive about handling it. Believes that
handing out flyers when there is going to be an event, additional seasonal parking, cutting the grass and
putting out garbage cans can solve it.
Mark Nelson, 15567 Fremont Ave NW, owns lakeshore and believes that having a restaurant on the lake
helps the property value of homes on the lake. Pointed out that the parking lot had been used for 10 years
and people were parking all over it so this request is not an increased amount of parking. Believes the
smoking ban does have something to do with people being outside and the associated noise. Captain
Jack's tries to get people to go to the deck to smoke and that seems to make a difference and employees
have been instructed to address any complaints from the neighbors right away. Stated he has gone out to
the parking lot to respond to complaints of noise and hasn't found anyone there.
Dan Sheedy, 3880 Green Heights Trail, stated he does not think anyone is making false noise complaints.
Commented that it is summer time and he would like to sleep with the windows open but that's not an op-
tion because people rev up their Harley's or boats and it disturbs the neighborhood. Stated the trash and
litter is real. Believes there should be a stop sign at Dutch. Commented that it has been tough living with
Captain Jack's there and people have moved away because they couldn't take it anymore. Asked the
Council to think about the neighborhood. Stated he went to the Captain Jack's Website today and found
that multiple outdoor events are scheduled and he thought they were only allowed to have two. Stated that
4
City Council Meeting Minutes
June 16, 2008
DRAFT
Captain Jack's should think about the neighborhood and should purchase the empty lot to make it a parking
lot if that is what they have to do.
Sally Sheedy, 3880 Green Heights Trail, stated she has been constantly reminded by the Council and City
staff that the bar was here before she was. Commented that when they moved in (18 years) the bar was
considered an asset for them, but now it is not just a bar, but rather a sporting venue with multiple events, a
marina and a concert hall. If it were just a bar, the neighborhood would not be forced to "attend" these
events because they can hear the people every night. Stated she has experienced the vandalism, people
turning around in her driveway, walking through her yard and waving boats in to tie up at her dock. Stated
that no one would want to experience what they experience. Believes that if Captain Jack's cannot afford
to buy parking spots and keep their business within a boundary, it is not her responsibility to make them
successful at her expense. Stated she is tired of this issue coming up and having to address it every time
there is a new owner and wants the City to take a stand on how much this bar can expand.
Gerry Anderson, 16575 Dutch Ave SE, stated that customers approach along Dutch Street and she has a
view of the corner. Spoke of near misses with vehicles and that there is no place for a vehicle to pull out of
the way. Believes there are other areas and streets to consider besides Green Heights Trail.
Lori Nelson, 15576 Fremont Avenue, stated that having restaurant on the lake is a huge asset. More peo-
ple are moving in and visiting and they are spending their money here and they are families with children,
not drunks. Stated that it nice to have a place on the lake to go eat. Believes it is a shame the way this
town treats small business owners and whether Captain Jack's makes money on the boat slips is not the
issue, but rather the requested nine parking places. Believes the Council needs to support the owners to
find a viable parking solution. Stated that when people buy a house with a bar next door, they should ex-
pect the associated noise.
Eric Brell, Captain Jack's employee, commented that he does not recall having a single live music event
last year. Referred to noise complaints stating that he was outside when a complaint was placed a couple
of weeks ago and no one was there. Noted that the side door of Captain Jack's has been locked so people
don't go out that door for smoking. Believes that the bar is trying to work with the neighborhood. Con-
curred with Nelson that the noise complaints are not the issue here, rather the nine parking spots.
Karen Sweet, 3950 Green Heights, owner of Captain Jack's. Stated that they feel a responsibility as the
owners of the last lakeside bar and restaurant in Prior Lake; a responsibility to the community, their em-
ployees and the neighbors. Believes that lakeshore property values are elevated because of restaurant on
the lake. Stated they are starting to have neighborhood meetings to hear suggestions on how to be better
neighbors. Commented that they want to increase food sales and encourage families to be patrons.
Stated they need help for additional parking, do not intend to increase littering and noise, and want to make
Captain Jack's a place that more people can come to and enjoy. Stated they are open to suggestions for
any other solutions for parking that there are.
MOTION BY LEMAIR, SECONDED BY MILLAR TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing
closed at 7:25 p.m.
Haugen: Asked staff to respond to the query about building in the wetland area.
Albrecht: Replied that all wetlands have a buffer distance, the length of which depends on what it is used
for. State law for mitigation of impacts to wetland would have to be followed if anyone wanted to protrude
into it. On a small site like this there is not much space to recreate a wetland. The wetland is a jurisdic-
tional wetland under State authority and the City is obligated to protect it.
5
City Council Meeting Minutes
June 16, 2008
DRAFT
Comments:
Millar: Thanked those who attended the public hearing and allowed the Council to hear their concerns.
Commented that the sight line issue at the corner of Dutch and Green Heights Trail could pose a problem
and that not allowing parking on that corner should be considered along with the possibility of a stop sign.
Stated he has trouble understanding why residents would encourage owners to purchase the empty lot
which would provide more parking than would be provided on the street. Asked Albrecht if the requested
parking would be off street.
Albrecht: Displayed a photo of the proposed parking area, explained that the existing boulders are in the
right-of-way and will need to be moved, and indicated cars would be permitted to straddle the curb and go
up on the gravel.
Millar: Owners were encouraged by the residents to purchase the empty lot and house many more cars
than the nine cars, which would help alleviate some of the traffic that goes up Dutch and around the cor-
ners and the people who walk up those streets late at night trying to get to their cars. Added that if the
nine spots allowed cars to park off the street, it may not be a safety concern for emergency vehicles.
Albrecht: Replied that the Traffic Safety Committee was not concerned about emergency vehicles being
able to access the area.
Millar: Stated he understands the question about the capacity of the bar and how many more people can
be brought in. Believes that is a valid concern and should be considered. Suggested it would be helpful if
Captain Jack's posted security outside on weekends and higher traffic times to address problems that
might be gone by the time they are called in as complaints.
Hedberg: Thanked those who came stating their input helps inform decisions. Commented that it was
instructive to hear about the resort history of the lake adding that he has always appreciated having a res-
taurant on the lake and often wished there was another. Stated this is a public lake and people should be
encouraged to use it. Believes it is important to support local businesses and this is a unique situation
since there has been some form of a bar in that location for many years and it is located in a residential
neighborhood with neighborhood streets rather than the wider roadways of a commercial zone. In a com-
mercial situation the parking has to be contained to the maximum that is possible. Agreed it would have
been ideal if Captain Jack's could have purchased the lot, but that is not an option. Believes these pro-
posed nine parking spots are not going to solve the problem and questioned how to make this situation
successful in the long term. Sweet's have stated they want to be good neighbors and the concerns raised
by the neighbors can be improved with attention and neighborhood meetings. Believes that the way to
have the business operate successfully in a neighborhood is to have everything contained on site.
leMair: Commented that this is a tough issue and that he knows the people who work there, believes
Sweets want to provide an atmosphere that is conducive for everyone to live in harmony and that the res-
taurant is great for the lake. Stated there has been chaotic parking for several years in the empty lot and
these parking spots would be organized. Questioned if there would actually be nine spots since there is a
gate for the owner of the empty lot to access the property.
Albrecht: Replied there could be up to nine parking spots, depending on configuration, distance from cor-
ner and access to the outlot.
LeMair: Remarked on the statement that boulders and gates on the empty lot are in the right-of-way and
asked why cars would have more right to be there than the gate or the rocks. Agreed the facility has
changed over the years, there are more boat slips now, and the smoking ordinance changed which had a
negative effect on the neighborhood. Noted that events could drive traffic to Captain Jack's during off-
peak times. Stated he wants to see them succeed and he is not sure nine spots will help, but it will not
make it worse. Believes if the empty lot is developed, the parking spots would disappear anyway.
Albrecht: Replied there are initial development concepts being considered that would allow parking to
continue.
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June 16, 2008
DRAFT
LeMair: Expressed concern that if the parking is granted, development could occur and nothing would be
resolved. Stated he would like to see 4-5 spots that could only be used by employees of the bar. The em-
ployees would be the last ones out and would be courteous in the neighborhood. Does not believe that
nine spots would solve anything.
Erickson: Thanked Captain Jack's for helping with Clean up the Lake last weekend. Questioned whether
Captain Jack's should have a 2 a.m. license since it is in a residential area. Thanked all who addressed
the Council for being respectful and stated that he received an email that made false statements and
threatened slanderous statements, but he intends to be responsible in his decision despite receiving it.
Noted that similar parking was granted in 2004 and asked if the proposed parking is intended for this year
or to be ongoing.
Albrecht: Replied that the proposed resolution is written so that it would be permitted until development
eliminates any parking.
Erickson: Clarified that the 2004 resolution was for one season.
Albrecht: Agreed stating the intent was to allow the owners to use parking on the street while they were
preparing a parking lot.
Erickson: Asked if there were issues when there was parking in this area in 2004.
Boyles: Responded that he did not recall particular issues.
Erickson: Believes that allowing cars to straddle the curb would be an improvement over 2004 and asked
how drivers would know they should pull over that far.
Albrecht: Replied that a gravel area with signage would be provided. Noted the Traffic Safety Committee
responded to the owners that this could be a solution, but did not believe it had the right to designate it.
Erickson: Asked if there is parking on Dutch Street and whether it would be affected by this proposed ac-
tion.
Poppler: Responded that Dutch Street has parking on one side which would not change.
Erickson: Asked if Dutch Street meets parking requirements.
Poppler: Replied that it is the same width as Green Heights Trail.
Erickson: Asked why parking is allowed on Dutch Street and not on Green Heights Trail.
Poppler: Replied that other streets in Prior Lake are less than 28 feet wide and they are signed no park-
ing only at the request of the neighborhood.
Albrecht: Past City Council action allowed residents living within a certain distance of the lake on streets
not prohibited from parking to petition the city for restriction of streets under certain guidelines.
Erickson: Clarified that if residents on Dutch Street are having problems, it is up to them to petition the
City to ask for restrictions.
Albrecht: Agreed.
Erickson: Asked if there is a focus of patrolling the area just before and after closing time since it sounds
like a lot of the concerns are near closing time.
O'Rourke: Replied that there is no plan to address any specific area as there are bars in other areas and
officers want to be able to respond to all calls. Officers gravitate to the busy spots and the bars in down-
town have a more rowdy reputation. Listed number and kinds of calls received and stated there is nothing
in the calls that indicate that more coverage should be pushed to this area. Coverage is driven by the calls
received.
Erickson: Asked how close to the corner of Dutch and Green Heights Trails is planned for parking.
Albrecht: Replied that parking will be nearly 30 feet from the comer as there is storm sewer and curb that
is an impediment to parking there. Agreed it might be a suitable location for a yield sign.
Erickson: Recommended a yield sign to clarify the right of way for people and suggested doing something
similar to what was done in 2004 and allow parking for the rest of the summer. Recommended that people
living on Dutch Street petition the City for no parking on Dutch Street if that is what they want.
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June 16, 2008
DRAFT
Haugen: Stated the discussion is not just about nine parking spots
and tonight's charge is to deal with the parking request. Noted that whenever there is discussion about
Captain Jack's it is an opportunity for the neighborhood to bring up other issues. Tonight's issue is safety
on the streets and if parking on the street adversely impacts safety, that is an issue. Noted that noise has
always been a legitimate concern, now the ban on smoking inside bars has exacerbated that. Litter is a
legitimate issue and there must be both respect for the rights of surrounding neighborhood and respect for
the business in the neighborhood. The number of entertainment events and the participation in those
events is more frequent than in the past and consideration can be given to how to enhance revenue by do-
ing things at different times of the day and not just at peak times, as well as the balance of patrons between
young singles and families. Believes that Captain Jack's is an asset to the community and not just from a
tax revenue perspective. Parking on Dutch and Pershing leads to people going through yards. Neither the
neighbors or Captain Jack's is going to go away and both need to work together to find out what can be
done. Effective communication is necessary. This request will not solve the parking concerns.
LeMair: Stated he would like a compromise such as six spots that are used by employees.
Sweet: Responded that employees park elsewhere for events and busy times and get rides to the site.
LeMair: Reiterated that there should be give and take. Suggested six parking spots and reduction of open
hours during some of the weekdays perhaps closing at 11 p.m. rather than 2 a.m. Stated he is not sure
why one-side parking is allowed all around the neighborhood but not on Green Heights Trail.
Erickson: Suggested parking be allowed for this season only and then looked at again to consider
whether it went well or if it is even an option in the future if the lot is developed.
Millar: Agreed that comments received were about late night noise, walking through neighborhoods and
trash. Considered that having 5-6 cars parking on Green Heights Trail might relieve some of the parking
and noted that it would be better to have people leaving from a parking lot rather than walking through the
neighborhood to reach their cars. These parking spots might help some of the pressure going into the
neighborhood. Suggested posting Pershing as no parking in exchange.
Hedberg: Stated the most important thing to come out of this discussion is to realize that the only solutions
are going to be having the owners meet with and speak with the neighbors. Captain Jack's isn't going
away, but it is in a neighborhood and the quiet enjoyment of the neighborhood needs to be respected. Be-
lieves the long-term solution is accommodating the vehicle traffic with off-street parking for a successful
partnership with the neighborhood. Does not support adding the parking spaces, but is intrigued by sug-
gesting to change Pershing to no parking in exchange for parking spots along Green Heights Trail and be-
lieves that would be the only condition under which it makes sense to convert to these parking spots for this
year until we know what will happen with the development of the empty lot.
Haugen: Stated that if comes to a vote tonight, he would vote no because voting yes would be making a
decision without looking at the total problem. Agreed it is a neighborhood parking problem and suggested
that the neighbors and Captain Jack's take a couple of weeks to work on the issues to see what makes
sense for the total community. Recommended giving direction to figure out a way to compromise on these
issues and see if can make it work.
MOTION BY MILLAR, SECONDED BY HEDBERG TO TABLE THE REQUEST FOR PARKING UNTIL
THE NEXT MEETING AND HAVE ALL PARTIES MEET TO FIND A SOLUTION.
LeMair: Stated he is agreeable to tabling the topic and noted that in a commercial area he has had to re-
duce the size of a building project to allow for more parking space.
Haugen: Suggested that the types of things to discuss at a neighborhood meeting would including parking,
safety, security, noise, litter, mutual respect, balance of patrons, activity levels and participation, communi-
cation, hours of operation.
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