HomeMy WebLinkAbout09(B) - Resolution Approving a Dedicated Waterfront Dock System for the Spring Brook Bay Association Report
ITEM: 9B
CITY COUNCIL AGENDA REPORT
MEETING DATE: September 23, 2025
PREPARED BY: Casey McCabe, Community Development Director
PRESENTED BY: Casey McCabe
AGENDA ITEM: Resolution Approving a Dedicated Waterfront Dock System for the Spring
Brook Bay Association
RECOMMENDED ACTION:
Approval of a resolution approving a Dedicated Waterfront Dock Agreement with the Spring Brook
Bay Association.
BACKGROUND:
Spring Brook Park was platted in 1949 and Spring Brook Park 2nd Addition was platted in 1956.
Collectively, the two subdivisions (hereinafter “SBP”) included 31 original single-family residential
lots and one outlot. Several lots have been combined since the original plats, and the subdivisions
now have a total of 19 residential lots and one outlot.
Several residents within SBP have provided City staff with deeds showing the developer granted
the original purchasers of their parcel with some level of lake access over Outlot A, Spring Brook
Park (hereinafter “Lot A”). The deeded easement language differs slightly but is generally for the
perpetual use of Lot A for parking boats, to pass and repass the same at any time or place for
purposes of going from their lot to Lot A, or vice versa. Some of the deeded easements provide
for ingress and egress to Prior Lake, use of beach and shore and Lot A generally for swimming,
boating, landing and parking boats, and for such other uses as are customary on such lake front
property consistent with a joint user with other landowners of Spring Brook Park.
Lot A is approximately 0.14 acres and is located along the southern shore of Upper Prior Lake.
The City of Prior Lake obtained ownership of Lot A via Conveyance of Forfeited Lands from the
State of Minnesota in 1994.
Based on the easement language included on deeds, some residents of SBP historically utilized
Lot A for lake access, have installed docks and lifts, moored watercraft, and stored docks, lifts
and other personal equipment on the property. The number of individual docks and watercraft
moored on the property have varied over the years.
Two years ago, several SBP residents purchased and installed a joint dock system that allowed
for the mooring of ± 12 watercraft on one dock. Following the installation of the new dock system,
residents of SBP were informed that Prior Lake City Code requires approval from the City or DNR
for the mooring of six or more watercraft, which had not been issued for SBP.
SBP received temporary approval from the City of Prior Lake for the mooring of up to 12 watercraft
for the 2025 boating season while city staff and SBP were in discussions to resolve the use of Lot
A and the number of approved dock slips. As a result of those discussions, a proposal was
identified to establish a neighborhood association and request City Council approval of a
resolution outlining the terms for approval of a dedicated waterfront dock system on Lot A for
SBP.
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
Item 9B
Page | 2
Current Circumstances
This is a unique situation in the City of Prior Lake as Lot A is owned by the City but includes
private property access rights over the parcel. Prior Lake City Code identifies Controlled Access
Lots, which is a riparian parcel of land used as a mooring facility for non-riparian lot owners with
access to public waters, and Dedicated Waterfronts, which is a parcel of land which is used as a
mooring facility for access to public waters for non-riparian lot owners; the source of the right to
access public waters for dedicated waterfronts is by virtue of a grant or dedication on a plat, and
the lots with the right to access public waters are not subject to recorded homeowners' association
documents.
In this specific situation, Lot A and SBP’s use of the property does not fit neatly into either the
definition of controlled access lot or the definition of dedicated waterfront. City staff believe the lot
and use are more closely aligned with a dedicated waterfront use opposed to a controlled access
lot use. Controlled access lots are jointly owned by lot owners within the subdivision, which is not
the case here. Staff believes Lot A functions more similarly to a dedicated waterfront for the
residents of SBP who have language on their deeds granting access to Lot A because the source
of the right to access public waters for non-riparian lot owners is by virtue of language on the
deeds, although not by virtue of dedication on a plat.
Dedicated waterfronts allow for one slip every 18.75 ft. of lot width measured at the ordinary high
water level, while controlled access lots allow one slip for every 40 ft. of lot width. Based on the
shoreline length of Lot A (± 175 ft.), a dedicated waterfront lot would allow for nine watercraft slips.
If approved, the attached resolution would allow for a 12-slip dock provided SBP meets a number
of conditions outlined in the resolution.
The attached resolution grants approval of a 12-slip dedicated waterfront dock system provided
SBP forms an association and complies with several conditions relating to:
Dock location, configuration and dimensions;
Dock installation, maintenance and removal;
Prohibition on rental of slips;
Prohibition of storage on the property;
Property maintenance;
Allowable uses on the property;
Parking of golf carts and ATVs on the property;
Signage; and
Default and reconsideration of resolution terms.
Conclusion
Staff supports approval of the dock system resolution. While it does not provide a total solution
for all items that may arise in the future, the resolution offers clarity on an approved dock system
placement and configuration, addresses maintenance and equipment storage, provides
parameters over the use of the property, and establishes a process for review if that need arises
in the future.
FINANCIAL IMPACT: City costs related to the maintenance of Lot A and potential staff time
related to administration of the resolution.
Item 9B
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ALTERNATIVES:
1. Motion and second to approve a resolution approving a dedicated waterfront dock system
for the Spring Brook Bay Association.
2. Motion and second to approve an amended resolution approving a dedicated waterfront
dock system for the Spring Brook Bay Association.
3. Motion and a second to deny the resolution.
4. Provide direction to staff and continue discussion at a future meeting.
ATTACHMENTS:
1. Resolution
2. Location Map
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 25-___
A RESOLUTION APPROVING A DEDICATED WATERFRONT
DOCK SYSTEM FOR THE SPRING BROOK BAY ASSOCIATION
Motion By: Second By:
WHEREAS, Spring Brook Park was platted in 1949 and included 17 original single-family
residential lots and one outlot; platted as Lots 1 – 17 and Lot A. Lot A is adjacent
to the southern shore of Upper Prior Lake. Several lots have been combined since
the original plat; Spring Brook Park currently includes eleven (11) residential lots
and one outlot; and
nd
WHEREAS, Spring Brook Park 2 Addition was platted in 1956 and included 14 original
single-family residential lots and one outlot; platted as Lots 1 – 14 and Lot A.
nd
Several lots have been combined since the original plat; Spring Brook Park 2
Addition currently includes eight (8) residential lots and one outlot; and
WHEREAS, Lot A, Spring Brook Park consists of approximately 0.14 acres and is legally
described as Lot A, Spring Brook Park, Scott County, Minnesota (PID 250990140)
(hereinafter the “Property” or “Subject Property”).
nd
WHEREAS, residents within Spring Brook Park and Spring Brook Park 2 Addition have
provided evidence that lake access over the Subject Property was granted by the
developer on the original deed transferring ownership of their parcel; and
WHEREAS, the City of Prior Lake obtained ownership of the Subject Property via Conveyance
of Forfeited Lands from the State of Minnesota, issued pursuant to Minnesota
Statutes Section 282.01, Subdivision 1, dated September 16, 1994 and recorded
as Document Number 345833 in the Office of the Scott County Recorder on
November 28, 1994; and
WHEREAS, based on the easement language included on deeds, some residents of Spring
nd
Brook Park and Spring Brook Park 2 Addition have historically utilized the
Property for lake access, have installed docks and lifts, moored watercraft, and
stored docks, lifts and other personal equipment on the Property; and
WHEREAS, Prior Lake City Code defines Dedicated Waterfront as a parcel of land which has
all of the following elements:
1) The parcel of land is used as a mooring facility for access to public waters
for non-riparian lot owners;
2) The source of the right to access public waters is by virtue of a grant or
dedication on a plat; and
3) The lots with the right to access public waters are not subject to recorded
homeowners' association documents; and
WHEREAS, the Subject Property currently functions similarly to Dedicated Waterfront for the
nd
residents of Spring Brook Park and Spring Brook Park 2 Addition who have
language on their deeds granting access to Lot A because the source of the right
to access public waters for non-riparian lot owners is by virtue of language on the
deeds to these properties, although not by virtue of dedication on a plat; and
WHEREAS, Prior Lake City Code requires a dock system providing six or more watercraft slips
to obtain approval from the City of Prior Lake; and
nd
WHEREAS, Spring Brook Park and Spring Brook Park 2 Addition received temporary
approval from the City of Prior Lake for the mooring of up to 12 watercraft for the
2025 boating season while the City of Prior Lake and the residents of Spring
nd
Brook Park and Spring Brook Park 2 Addition have been in discussions to
resolve the use of the Property and number of approved dock slips; and
WHEREAS, as a result of those discussions, a proposal was identified to establish a
neighborhood association and request City Council approval of a Resolution
outlining the terms for approval of a dock system on the Property; and
WHEREAS, City is willing to grant approval of a dock system on the Property provided the
conditions set forth in this Resolution are met.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. A dock system is approved subject to all of the following conditions:
a. FORMATION OF ASSOCIATION. Residents of Spring Brook Park and Spring Brook
nd
Park 2 Addition shall approve and record Articles of Incorporation and Bylaws for the
establishment of the Spring Brook Bay Association. The Association shall have the
authority to regulate the dock system and slips including use, maintenance and costs,
and the Association shall provide a reasonable and equitable way for all Spring Brook
nd
Park and Spring Brook Park 2 Addition property owners with deeded access language
over the Property to join the Association. The Articles of Incorporation and Bylaws shall
be approved and recorded in the office of the Scott County Recorder prior to installation
of the dock system in 2026. Hereinafter, all references to (“SBB”) shall refer to both the
Spring Brook Bay Association and individual members of the Spring Brook Bay
Association.
b. DOCK LOCATION, CONFIGURATION AND DIMENSIONS. SBB shall be permitted to
annually install a dock structure adjacent to the Property in the location, configuration and
dimensions outlined on the attached Exhibit A.
i. There shall be no changes to the dock location, configuration or dimensions unless
approved in writing by the City Council prior to the modification.
ii. There shall be no more than one (1) watercraft permitted per property owner with
lake access rights included on their deed; up to a maximum of twelve (12) watercraft
allowed to moor overnight on the Property.
1. Watercraft includes all restricted watercraft and unrestricted watercraft, such as
kayaks, canoes, paddleboards, sailboats, etc.
iii. SBB shall annually confirm dock location and dimensions by GPS coordinates.
st
iv. During periods of low water (a lake elevation below 900 ft. as of April 1) SBB shall
be permitted to extend the dock a maximum of 30 feet to reach navigable depth
without prior written approval from the City Council; any further extension or
modification shall require written City Council approval.
v. The angle of the dock shall not be adjusted east or west, regardless of water depth.
c. DOCK INSTALLATION, MAINTENANCE AND REMOVAL.
st
i. Dock installation shall occur no earlier than April 1 and removal shall occur no later
th
than November 30 of each year.
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ii. No dock section, boat lift, or other structure shall be permitted to remain in the lake
stst
or on the lakebed adjacent to the Property between December 1 and March 31 of
each year.
iii. SBB shall be permitted to coordinate the storage of dock sections with a permitted
commercial business at other locations on Prior Lake in compliance with all
applicable Minnesota Department of Natural Resource and Scott County
regulations.
iv. The City reserves the right to adjust dock installation and removal dates with SBB in
the event the installation or removal conflicts with another public purpose of the
Property. If such a case arises, the City shall provide SBB with 60-day notice if
installation or removal dates need to be adjusted. Installation or removal dates shall
not be adjusted by more than 30 days unless agreed to in writing by the parties. City
shall not require the dock to be installed, removed, or altered for a public purpose
stst
between May 1 and October 31 of any year.
v. SBB shall be responsible and may contract with a private dock installation and
removal company for the installation, maintenance, adjustments, removal, transport
and storage of the dock sections and boat lifts in conformance with Minnesota
Department of Natural Resource regulations.
vi. Dock and boat lift installation, maintenance and removal shall not cause a change
to the alignment, slope, or cross section of the public waters.
vii. SBB shall be responsible for repairing any damage to the lakebed or Property (e.g.
ruts from equipment tracks/tires) within fifteen days of the damage.
viii. In the event of an unforeseen circumstance during dock installation or removal that
may require the placement of dock sections or boat lifts on the Subject Property
overnight, upon notification to the City, SBB shall be permitted to store dock sections
and boat lifts on the Subject Property for a period not exceeding three (3) business
days.
d. STORAGE. There shall be no storage of docks, boat lifts, or any other structure on the
Property.
i. SBB shall be responsible for storing all dock sections and boat lifts off-site in
compliance with Prior Lake City Code requirements.
ii. There shall be no permanent or semi-permanent amenities, such as firepits, tables,
chairs, etc., permitted to remain on the Property.
iii. SBB shall be allowed to bring kayaks, canoes, paddleboards, tables, chairs,
blankets, wagons, strollers, golf carts, ATVs, etc. to the Property for daily use;
however, SBB shall ensure its items are removed by sunset each day.
e. RENTAL OF SLIPS PROHIBITED. All watercraft shall be owned and registered to SBB
association members with lake access language included on their deed, or their
immediate family. For purposes of this requirement, the term "immediate family" means
the spouse, parents, children and grandchildren (all, including step- and foster-) of the
owner or tenant or the owner or tenant's spouse.
i. City reserves the right to require watercraft title and registration, proof of
ownership/tenancy of property, proof of membership in the SBB Association, proof
of relationships, or other information be submitted to establish compliance.
f. MAINTENANCE OF DOCK AND BOAT LIFTS. Docks and boat lifts are SBB private
property and shall be maintained by SBB.
g. MAINTENANCE OF PROPERTY.
i. The City shall be responsible for the maintenance and repair of the grounds on the
Property, including mowing. The City, its agents and representatives may at all
reasonable times during the day and night enter the Property to inspect, repair or
maintain the same. There shall be no liability on the part of City by reason of
inconvenience, annoyance, or quiet enjoyment on account of any such entry or acts
by City, its agents, or representatives.
Page 3 of 6
ii. Trash receptacles shall not be required; however, SBB shall be responsible for
removing its trash from the Property.
iii. SBB shall not make any alterations to the Property without the prior written consent
of the City.
h. USE OF PROPERTY.
i. Use of the Property by SBB for picnics, playing, swimming, sunbathing, fishing, ice
fishing, ice skating and similar summer and winter activities is permitted.
i. PARKING.
i. Motor vehicles shall not be permitted to be parked on or adjacent to the Property.
ii. ATVs, golf carts and other similar recreational vehicles shall be permitted to be
parked on the Property provided they are removed by sunset each day.
iii. ATVs, golf carts and other similar recreational vehicles shall not be permitted to be
parked on the street adjacent to the Property.
iv. Any damage to the property caused by SBB from its use of ATV’s, golf carts and
other similar recreational vehicles shall be the responsibility of SBB to repair.
j. SIGNAGE. SBB shall remove the existing homeowner association signage from the
Property. No signage shall be permitted on the Property without prior written approval
from the City Council.
i. SBB may, but is not required to, place a private property or similar sign on the private
dock or install a gate on the dock to restrict access for non-SBB members.
k. DEFAULT. SBB shall be responsible for ensuring compliance with this Resolution among
its membership and other property owners who may claim a lake access right over the
Property. The City Council reserves the right to review this Resolution as needed to
confirm SBB is operating under the terms of the Resolution. If SBB is found to be in
default of this Resolution, the City may take action to revoke or amend this Resolution.
i. Grounds for revocation or amendment of this Resolution may include, but are not
limited to:
1. The overnight mooring of more than twelve watercraft on the Property.
2. Overnight storage of SBB dock sections, boat lifts, equipment or personal
property on the Property in violation of this Resolution.
3. The severity of verified complaints or code enforcement actions, as determined
by the City and regulated by the City of Prior Lake Code Enforcement Policy.
4. Dissolution or termination of the Spring Brook Bay Association.
5. Dock installation out of compliance with Exhibit A without receiving prior written
approval from the City Council.
st
6. Installation of the dock and boat lifts prior to April 1 or failure to remove all
dock sections and boat lifts from Prior Lake and/or the lakebed by November
th
30.
7. Rental of boat slips in violation of Prior Lake City Code regulations.
ii. If the City of Prior Lake determines SBB is in default of the terms of this Resolution,
the City has two options and will provide SBB with:
1. Written notice to cure the default within one to fifteen days based on the
severity of the violation or the impact on the Property and adjacent properties,
in the sole discretion of the City. SBB shall cure any default promptly and within
the period provided. In the event the default is of such nature that it may require
more time to cure, the period to cure may be extended with the written
permission of the City, or
2. Written notice of the meeting date and time where the City Council will be
considering the revocation or amendment of this Resolution.
l. REVOCATION OR AMENDMENT. If the City Council believes the terms of this
Resolution are violated, the Prior Lake City Council may revoke or amend this Resolution
at the City Council’s sole discretion.
i. The City shall not revoke or amend this Resolution without first sending a mailed
notice of default to all the property owners in SBB and shall not revoke or amend
Page 4 of 6
this Resolution without providing an opportunity for SBB to be heard by the City
Council.
m. EFFECT ON EXISTING EASEMENTS. This Resolution does not intend to confirm nor
eliminate the existence or validity or any deeded access rights over the Property. SBB
does not forfeit any easement rights which may exist on individual deeds and the City of
Prior Lake does not substantiate or confirm the validity any easement rights which may
exist on individual deeds. If this Resolution is ever revoked, or the Property is sold to
someone other than SBB, this Resolution shall have no effect on the easement language
identified on individual deeds.
n. NOTICE OF SALE. City shall provide notice to SBB if City considers the sale, transfer,
conveyance or assignment of the Subject Property in the future.
rd
Passed and adopted by the Prior Lake City Council this 23 day of September 2025.
VOTE Briggs Braid Churchill Lake Hellier
Aye
☐ ☐ ☐ ☐ ☐
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager
Page 5 of 6
Exhibit A
SBB Dock Location, Configuration & Dimensions
Page 6 of 6
General Location Map
Outlot A, Spring Brook Park (PID 250990140)
OLA, Spring
Brook Park