Agenda - Council - 09/10/1990 - Laserfiche WebLink

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CASE INTRODUCE ORDINANCE REGARDING OPEN BURNING By: Zoning Administrator Sylvia Frolik Background: As you recall, on July 10, 1990, City Council reviewed ordinances to establish regulations for recreational burning permits and open-burn permits. At that time, City Council was informed that it had come to the attention of City Staff that DNR does not require permitting recreational fin'es. After some discussion, Council determined that City Staff time would be better spent focusing on regulating open-burns. City Staff was then directed to eliminate the proposed ordinance to regulate and permit recreational fu'es and rewrite the proposed ordinance to regulate and permit open-bums to include a definition of recreational fires that are exempt from the permitting process. There was also discussion of the penalty attached to violating the open-burn regulations. As proposed, a violation of the open-burn ordinance would be a misdemeanor punishable by a fine of up to $700 and/or 90 days in jail. Observations: Minnesota Rules 7005.0760 states that a city may delegate a person to accept applications and issue open-burning permits upon authorization of the Minnesota Pollution Control Agency. In order to receive this authorization, the governmental unit must submit a written request to the Director, Division of Air Quality, Minnesota Pollution Control Agency, requesting the authorization. As part of the formal request, a copy of the meeting minutes indicating the motion passed to designate the person to be approved by the director and a copy of an ordinance adopting Minnesota Rules part 7005.0700 to 7005.0820 by the governmental unit are also required. City Staff will follow up on the process for receiving authorization to issue open-burn permits in accordance with the procedure prescribed following Council's introduction and adoption of the proposed open-burn ordinance. If the proposed open-bum ordinance is introduced, it will be forwarded to DNR for a courtesy review prior to adoption by the City Council. A copy of the proposed Open-Bum Ordinance is enclosed for your information. Recommendation: City Staff recommends introduction of the proposed Open-Burn Ordinance. Council Action: Motion to: Introduce Ordinance g90-__ entitled "Open-Bum Permits" Review Checklist: City Administrator City Attorney X City Engineer Zoning Administrator X Chief of Police Finance Officer Planning & Zoning Commission Environmental Specialist 'X