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HomeMy WebLinkAbout5G Waterfront Ordinance Termination Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: FEBRUARY 22, 2016 AGENDA #: 5G PREPARED BY: PRESENTED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR DAN ROGNESS AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE TERMINATING THE MORATO- RIUM ESTABLISHED BY ORDINANCE NO. 115-25 WHICH TEMPORARILY PROHIBITED ANY INSTALLATION OR PLACEMENT OF DOCKS ON, EX- TENDING FROM, AND/OR ACCESSED BY CERTAIN PROPERTY WITHIN THE CITY OF PRIOR LAKE. DISCUSSION: Introduction The purpose of this agenda item is to consider repealing the moratorium that was established by Ordinance No. 115-25, which implemented an interim ordi- nance temporarily prohibiting the installation or placement of docks on Common Lakeshore Property, or dedicated Waterfronts, in Prior Lake. History On November 9, 2015, the City Council approved Ordinance No. 115-25 (At- tachment 1). This action prohibited the placement or installation of docks, ex- tending from, and/or accessed by Common Lakeshore Property within the City of Prior Lake. The moratorium extended for a period of five months, or until April 21, 2016, during which time City staff conducted a study. Current Circumstances The City Attorney (Ric Rosow and Maggie Evavold) completed a memorandum to the City Council dated December 11, 2015 as a legal opinion on the matter of regulating boat slips or docks along dedicated Waterfront property in various plats. Their opinion was that these dedicated Waterfronts are defined in the Shoreland Ordinance as Controlled Access Lots. That opinion was then dis- cussed by the City Council at a Work Session on January 25, 2016. The Coun- cil provided direction to City staff on how best to regulate boat slips and docks along Common Lakeshore Property, including: (1) enforce the City’s existing regulations related to commercial boat rental operations, and (2) enforce the formula limit of boat slips for Controlled Access Lots as needed on a case-by- case basis. Conclusion A letter dated February 9, 2016 was sent to all property owners within the Sun- fish Bay subdivision from Casey McCabe, Community Development Specialist. This letter summarized the City’s conclusions and enforcement actions on this matter. 2 ISSUES: There is no further need for the moratorium based upon the City Council’s conclusions and corresponding actions. Enforcement actions may be necessary from this point forward. The results of the moratorium have been instructive for both staff and city council. The legal memorandum has identified six potential options for the city to pursue. The city council has made a policy decision for the time being with respect to this issue as it applies to the Sunfish Bay Plat. The city staff will use the results of this study and the city council’s direction in conjunction therewith to guide its future city actions with respect to similarly situated properties unless or until the city council directs otherwise. The interim ordinance will terminate upon passage and publication presently anticipated for March 5, 2016. FINANCIAL IMPACT: City legal costs and staff time associated with the enforcement of Controlled Ac- cess Lots (unknown at this time). ALTERNATIVES: 1. Motion and a second, as part of the Consent Agenda, to approve an or- dinance terminating the moratorium established by Ordinance No. 115- 25. 2. Motion and a second to deny approving an ordinance terminating the moratorium established by Ordinance No. 115-25. 3. Motion and a second to table action and ask City staff to provide addi- tional information as requested by the Council. RECOMMENDED MOTION: Alternative #1 ATTACHMENTS: 1. Ordinance No. 115-250 2. Legal Memorandum dated 12/11/15 3. Letter dated 2/09/16 from Casey McCabe 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 116-XX AN ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA, TERMINATING THE MORATORIUM ESTABLISHED BY ORDINANCE NO. 115-25 WHICH TEMPORARILY PROHIBITED ANY INSTALLATION OR PLACEMENT OF DOCKS ON, EXTENDING FROM, AND/OR ACCESSED BY CERTAIN PROPERTY WITHIN THE CITY OF PRIOR LAKE. WHEREAS, on November 9, 2015 the City Council adopted Ordinance No. 115-25 which temporarily prohibited any installation or placement of docks on, extending from, and/or accessed by certain property within the City of Prior Lake; WHEREAS, on January 25, 2016 the City Council received a report related to the moratorium and considered the recommendations; and WHEREAS, based on the discussion and recommendations the City Council determines it appropriate to terminate the moratorium. The City Council of the City of Prior Lake, Minnesota, hereby ordains: Section 1. Termination. The moratorium established by Section 4 of Ordinance No. 115- 25 is terminated and is no longer of any force or effect. Section 2. Effective Date. This Ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 22nd day of February, 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Published in the Prior Lake American on the 5th day of March, 2016.