03-08-1993 Council Packet - Laserfiche WebLink

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WATKR STKUCTURKS COMMIT'rKK February 13, 1993 MOTION; Cochran moved. Grnthwol seconded, to amend the draft ordinance by movinii (a) Preamble, from Subd. 13 out of the Code section and the ordinance renumbered accord i n»? 1 y . »OTE: Motion carried unanimous Iv. MOTION: Grathwol moved, Carlson seconded, to recommend approval of the first reading of An Ordinance Prohibiting the Use of Noti- Encased Molded Expanded Bead Polystyrene Foam Material in Buoys and Floating Structures on Lake Minnetonka as amended, VOTE: Motion carried. Babcock voting nay. Tile executive director said a letter of explanation will be drafted to Spring Park, the actual count of buoys on the lake will be cotained from the Water Patrol and the District Mooring Area licensees will be contacted to determine the type of buoy they are using. 2, Second reading ol draft ordinance amending Sect. 2.0.'), Subd. 8 Facilities with Special Density License/not constructed. The committee received an amended version of the oroii’ance relating to the effect on Special Density licenses of failure to construct licensed docks within a specified time. Fred Bruntjen, representing the Excelsior Park Tavern (EPT) and Skip Jewett and Les Renner representing RDP Partners (RDP) . were present as the two affected licensees. Carlson asked for a clarification of what two year period is being considered when setting the effective date as 11/30/93. Babcock said by adopting the ordinance effective on 11/30/93 it gives the licensees this year to construct according to the license if there has not been anv construction for two years prior to the 11/30/93 date. Babcock added there is a provision for partial construction with approval from the Board. Cochran asked if here is an existing dock, as in the case of EPf. could that be construed as partial construction. Penn responded that it would not make sense to allow the licensee to hold onto the old license. He said it is clear that the ordinance says it is violation if construction has not been started. Bruntjen said the EPT is doing its planning now I t there is not enough time before 11/30/93 to follow all of tht procedures required for reconstruction of the docks, including approv.il by the Citv of Excelsio.'. Carlson said it is important that if the multiple dock with a Special Der.sity license has not been put in place the applicant should have to abide by any new rules for provision of amenities. The executive director said the staff would need guidance on what constitutes partial construction. Babcock s a i cl t h i s ^ is something that would have to be determined by the Board, possibly on a case by case basis when the application for the multiple dock license is received. The executive director suggested that all of the amenities should be in place to support the first par tial const ruction. - continued