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HomeMy WebLinkAbout25-132 Approving a Dedicated Waterfront Dock System for the Spring Brook Bay Association 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 25-132 A RESOLUTION APPROVING A DEDICATED WATERFRONT DOCK SYSTEM FOR THE SPRING BROOK BAY ASSOCIATION Motion By: Churchill Second By: Hellier WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, 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 Spring Brook Park 2nd Addition was platted in 1956 and included 14 original single-family residential lots and one outlot; platted as Lots 1 – 14 and Lot A. Several lots have been combined since the original plat; Spring Brook Park 2nd Addition currently includes eight (8) residential lots and one outlot; and 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”). residents within Spring Brook Park and Spring Brook Park 2nd 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 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 based on the easement language included on deeds, some residents of Spring Brook Park and Spring Brook Park 2nd 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 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 the Subject Property currently functions similarly to Dedicated Waterfront for the residents of Spring Brook Park and Spring Brook Park 2nd Addition who have Page 2 of 6 WHEREAS, WHEREAS, WHEREAS, WHEREAS, 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 Prior Lake City Code requires a dock system providing six or more watercraft slips to obtain approval from the City of Prior Lake; and Spring Brook Park and Spring Brook Park 2nd 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 Brook Park and Spring Brook Park 2nd Addition have been in discussions to resolve the use of the Property and number of approved dock slips; and 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 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 Park 2nd 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 Park and Spring Brook Park 2nd 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. iv. During periods of low water (a lake elevation below 900 ft. as of April 1st) 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. i. Dock installation shall occur no earlier than April 1st and removal shall occur no later than November 30th of each year. Page 3 of 6 ii. No dock section, boat lift, or other structure shall be permitted to remain in the lake or on the lakebed adjacent to the Property between December 1st and March 31st 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 between May 1st and October 31st 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 4 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. 6. Installation of the dock and boat lifts prior to April 1st or failure to remove all dock sections and boat lifts from Prior Lake and/or the lakebed by November 30th. 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 5 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. Passed and adopted by the Prior Lake City Council this 23rd day of September 2025. ______________________________ Jason Wedel, City Manager VOTE Briggs Braid Churchill Lake Hellier Aye ☐ ☒ ☒ ☒ ☒ Nay ☒ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Page 6 of 6 Exhibit A SBB Dock Location, Configuration & Dimensions