Agenda - Council - 02/25/1992 - Laserfiche WebLink

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N rROI)UCE ' · ~ By: CASE # ~ ORDINANCE REGARDING OPEN BURNING Zoning Administrator Sylvia Frolik Background:I Since the sum~r of~ 1990, City Staff has been working to draft ordinances to regulate recreational and open burns¢ In ,July of 1990, the City Council was informed that it had come to the attention of City Staff,t!iat DNR does not require permitting recreational fires. After some discussion, Council determined[that City Staff time would be better spent focusing on regulating open-burns and ceasing to:issue recreational burning permits. City Staff was then directed to eliminate the proposed Ordin~ce lo regulate and permit recreational fin'es and rewrite the proposed ordinance to regulate and pet~nit:6, pen-bums and to include a definition of recreational fires that are exempt from the permitting process. During our redrafting process, PCA initiated some open burning rule changes. In order t6 avoid adopting an ordinance that would conflict with PCA rules, City Staff temporarily po.~tporied progressing with Ramsey's new ordinance until PCA accomplished their rule changes. ~ Observations: Minnesota .RuI¢~ 7005.0760 states that a city may delegate a person to accept applications and issue open-burning P~rmiis upon authorization of the Minnesota Pollution Control Agency. In order to receive this aUthofl~,ation, the governmental unit must submit a written request to the Director, Division of AffiQua, lity, Minnesota Pollution Control Agency, requesting the authorization. As part of the form,~l re~juest, a copy of the meeting minutes indicating the motion passed to designate the person :tO b~ approved by the director and a copy of an ordinance adopting Minnesota Rules part 7005.0700 }~ 70~05.0820 by the governmental unit are also required. City Staff will follow up on the process ~or receiving authorization to issue open-burn permits in accordance with the procedure presc~ribed following Council's introduction and adoption of the proposed open-burn ordinance. ; The proposed Ol3en,burn ordinance has been redrafted and subjected to more than one in-depth review by CiTM :l{taff~ DNR and PCA. The proposed ordinance has received verbal approvals from DNR and PCA ~inct:~ill most likely serve as a model ordinance. A cop), of the pmp°Sed Open-Bum Ordinance is enclosed for your information. ,, Recommendafioni City Staff recorrimends introduction of the proposed Open-Bum Ordinance. Council Actioh: Motion tO: IntrodUpg Orql.inance #92-~ entitled "Open-Burn Permits" Review Checklist: CC: 2/25/92 City Administrator Chief of Police Environmental Specialist Fire Chief City Attorney