6-5-08 Minutes Summary

The regular meeting of the City Council was called to order by Mayor Bob Schabert in the Courtland Community Center on Thursday, June 5, 2008 at 7:00 pm. All council members were present.

Schwartz made a motion to approve the amended agenda to include the LGA numbers and a sprayer for the maintenance department. Nielsen seconded the motion. The motion carried with all in favor.

Schwartz made a motion to approve the written minutes of the May 1, 2008 regular city council meeting. Kollmann seconded the motion. The motion carried with all in favor.

Kollmann made a motion to approve the bills from the month of May for payment. Schwartz seconded the motion. The motion carried with all in favor.

Doug Gulden gave a short report on the utility department. He stated that he is trying to get in touch with the firm that helped us out when the water tower froze up to inquire how much it would cost to put in a pump for recirculation of the water to keep it from freezing. He also reminded the council that it has been 3 years since we purchased the current lawnmower and that we try to trade every 3 years. He had been in contact with the dealer and the cost to trade would be approximately $2600.00. He asked for permission to purchase a weed sprayer. The council told him that both items were included in this year’s budget so he could go ahead and purchase them.

The council reviewed the written report from our city policeman.

The mayor gave a short report on the meetings that he had attended on behalf of the city in the past month.

The street committee had gotten an estimate for resurfacing the tennis courts. The cost would be about $13,000. The council chose to table the matter to consider whether it is a needed expense, with the amount of use of the court. Poehler stated that he had gone out to check the field erosion and to reduce gravel and rock residue in the city culvert. The matter will be discussed with the owner of S & S Motors.

Gene Voges approached the council about the problems over at the store. He stated that he has six months to find someone to purchase the store or it will be foreclosed. He said that he realizes that they owe the city money and hopes that it will turn around so that they can catch up on their payments. He stated that he would come to each council meeting in the coming months to report to the city on their progress.

Frank Kilibarda came to update the council on progress with the pond at his new development. Kilibarda asked for input on the sewer and water lines in the development. He wants to install the lines in the development. He wants to install the lines this year and wants to make sure that they are installed correctly. City Administrator Mike Boulton will contact Bolton & Menk for input on the proper installation of the lines.

Boulton presented two versions of revised burning ordinances. One ordinance dealt both with brush burning and outdoor furnaces. This ordinance details what can be burned within city limits and the conditions to be met for installing outdoor furnaces. The other version does not deal with outdoor furnaces. Nielsen made a motion to approve Ordinance 08-102. Kollmann seconded the motion. A roll call vote was taken and the results are Kollmann, Poehler, Schabert & Nielsen voted for the motion. Schwartz voted against the motion. The motion carried on a 4-1 vote.

ORDINANCE NO. 08-102,

CITY OF COURTLAND, NICOLLET COUNTY, MINNESOTA

AN ORDINANCE ENACTING CHAPTER V, PART 7 OF THE CITY CODE OF THE CITY OF COURTLAND RELATIVE TO OUTDOOR BURNING AND OUTDOOR FURNACES.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COURTLAND:

SECTION I. That Chapter V of the City Code of the City of Courtland is hereby amended by adding the following as Part 7:

507.01. Minnesota Rules on Open Burning. Minnesota Rules, Parts 7005.00700 to 7005.0820, adopted by the Minnesota Pollution Control Agency, and thereafter amended, is adopted by reference pursuant to Minnesota Statutes, Section 471.62. 

507.02. Burning.

Subdivision 1. A recreational fire of not more than three (3) feet in diameter or more than three (3) feet high shall not be considered an open burning and no permit shall be required.  Provided, however, that (i) the ground surrounding a recreational fire must be clear of combustible materials for a radius of five (5) feet around the fire, (ii) only vegetative fuels such as leaves, brush and wood may be burned, and (iii) the recreational fire must be attended to at all times.

Subdivision 2. The following materials shall not be burned:

A. Tires, rubber, or rubber products:

B. Chemically treated lumber;

C. Railroad ties, telephone poles, and other creosote-treated wood;

D. Plastic liners from the bags of seed, feed, or pesticide;

E. Plastic pesticide or herbicide containers;

F. Plastic containers such as milk, motor oil, household, or other containers;

G. Tar paper, shingles, or other asphalt material

H. Insulation and materials containing asbestos;

I. Composition board or sheet rock;

J. Wiring, insulation on wiring, or cable;

K. Hazardous waste (including household hazardous waste)

L. Commercial or institutional structures;

M. Paint or paint filters;

N. Used motor oil or other petroleum-base liquids;

O. Vehicles, motors, or parts of vehicles or motors.

507.03 Leaf/Brush/Trees/Branches Burning. No Leaf/Brush/Trees/Branches burning shall be permitted except as limited herein.

Subdivision 1. Leaf/Brush/Trees/Branches burning shall be subject to the following limitations:

A. Dried Leaf/Brush/Trees/Branches may be burned between each year on Monday through Friday between the hours of 5:00 p.m., and 8:00 p.m., and Saturday and Sunday between the hours of noon and 8:00 p.m.

B. Leaf/Brush/Trees/Branches may not be ignited or burned on the land of another without the permission of the owner thereof or his agent.

C. Leaf/Brush/Trees/Branches may not be burned or ignited on any publicly owned or controlled lot or parcel of land, bridge, street, sidewalk, undesignated area, or other public place which has not been set aside by public authorities for such purpose.

D. No Leaf/Brush/Trees/Branches burning will take place during an air pollution alert, warning, or emergency declared by the Minnesota Pollution Control Agency.

E. No Leaf/Brush/Trees/Branches burning may take place during a high wind or when a traffic hazard might be created thereby in any nearby street or highway.

F. No Leaf/Brush/Trees/Branches shall take place without an adult attendant present.

G. No Leaf/Brush/Trees/Branches burning shall be permitted or conducted when prohibited by the Fire chief..

H. No running fires shall be allowed.

I. Fire extinguishing equipment such as a garden hose connected to the water supply must be readily available for use until the fire is extinguished.

507.04. Outdoor furnaces.

Subdivision. 1. Definitions. The following terms as used in this section shall have the meanings stated:

A. "Outdoor furnace" means any equipment, device, appliance, or apparatus, or any part thereof, which is installed, affixed, or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source.

B. "Chimney" means any flue that carries off exhaust from an outdoor furnace’s firebox or burn chamber.

C. "Natural wood" means wood that has not been painted, varnished, or coated with a similar material, has not been pressure-treated with preservatives, and does not contain resins or glues as in plywood or other composite wood products.

D. "Existing outdoor furnace" means an outdoor furnace that was installed and put into use prior to the effective date of this ordinance.

Subdivision 3. Applicability. This ordinance applies to the use of all outdoor furnaces within the City. This ordinance does not apply to the following:

A. Grilling or cooking food using charcoal, wood, propane, or natural gas in cooking or grilling appliances.

B. Burning for the purpose of generating heat in a stove, furnace, fireplace, or other heating device within a building used for human or animal habitation.

C. The use of propane, acetylene, natural gas, gasoline, or kerosene in a device intended for heating, construction, or maintenance activities.

D. The use of recreational fires as defined and regulated in Section 507.02, Subd.4.

Subdivision 3. Conditional use permit required for new outdoor furnaces. No outdoor furnace may be newly installed or used without a conditional use permit issued by the City. The permit shall specify that:

A. The furnace shall meet or exceed emission standards currently recommended by the U.S. Environmental Protection Agency (EPA) and shall be laboratory tested and listed to appropriate safety standards such as UL, CAN/CSA, ANSI or other applicable safety standards.

B. The furnace shall be constructed, established, installed, operated, and maintained in conformance with the manufacturer's instructions and the requirements of the conditional use permit. In the event of a conflict, the requirements of this ordinance shall apply unless the manufacturer's instructions are stricter, in which case the manufacturer's instructions shall apply.

C. The furnace shall have a setback of at least 25 feet from the property line. It shall be located on the property in compliance with manufacturer's requirements for clearance to combustible materials.

D. The furnace shall have a chimney high enough to minimize the likelihood that smoke will adversely affect building occupants or neighbors. The chimney shall extend at least two feet above the peak of the building it serves or at least two feet above the peak of any building that is within 100 feet of the furnace, whichever is greater.

E. The outdoor furnace shall burn only clean dry natural wood, wood pellets, corn products, biomass pellets, or other fuels specifically permitted by the manufacturer’s instructions, such as fuel oil, natural gas, or propane backup.

F. Corn or pelletized fuel shall at all times be stored in securely-covered bins or enclosures so as to prevent the attraction of rodents or other vermin.

G. Additional requirements may be imposed as appropriate for the location and circumstances.

Subd. 4. Existing outdoor furnaces.

A. Existing outdoor furnaces may be used without a conditional use permit only if constructed, established, installed, operated, and maintained in conformance with the manufacturer's instructions.

B. Existing outdoor furnaces shall burn only clean dry natural wood, wood pellets, corn products, biomass pellets, or other fuels specifically permitted by the manufacturer's instructions, such as fuel oil, natural gas, or propane backup.

C. Corn or pelletized fuel shall at all times be stored in securely-covered bins or enclosures so as to prevent the attraction of rodents or other vermin.

D. Any modification or replacement of an existing outdoor furnace requires a conditional use permit as in Subdivision 3 above.

507.05. Penalties. Failure to adhere to the requirements of this Part or to the requirements of apermit or conditional use permit authorized under this section is hereby declared to be a misdemeanor, and the owner or operator of the open fire or outdoor furnace may be subject to one or more of the following penalties:

A. Criminal prosecution. Each infraction may be deemed to constitute a separate violation.

B. Cease and desist order issued by the City Fire Chief. The order shall require the owner or operator to discontinue use of the outdoor furnace until the infraction is eliminated and the cease and desist order is withdrawn. Each incident of violation of a cease and desist order is a misdemeanor.

C. Revocation of conditional use permit.

SECTION II. That this ordinance shall take effect and shall be in force 30 days from and after its adoption, approval, and publication.

Adopted by the City Council of the City of Courtland this ____ day of ______________, 2008.

______________________________

Mayor

Attest:

______________________________

City Clerk

The council discussed the upcoming public meeting for the proposed new city building. The meeting will be held at the Courtland Community Center Wednesday, June 18 at 6:00p.m.

Nielsen made a motion to adjourn the meeting. Kollmann seconded the motion. The motion carried with all in favor.

The meeting closed at 8:10p.m.

A signed written copy of the minutes is on file in the office of the city clerk.

Respectfully submitted,

Bonnie Hubert

City Clerk