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Elk REQUEST FOR ACTION <br />River <br />To Item Number <br />Ci Council 3.7. <br />Agenda Section Meeting Date Prepared by <br />Consent December 1, 2008 Tina Allard, Ci Clerk <br />Item Description Reviewed by <br />Ordinance Amendment to Section 22-105 Relating to Prohibited Bruce West, Fire Chief <br />Burning of Certain Materials Reviewed by <br />Action Requested <br />Motion to adopt ordinance relating to prohibited burning of certain materials. <br />Background/Discussion <br />Per state law, the burning of leaves is prohibited unless specifically adopted by city ordinance to allow it. <br />The City of Elk River has not allowed the burning of leaves and our current ordinance is vague in <br />specifically stating that this material can't be burned; therefore, it should be updated. <br />A statutory city outside the Twin Cities metro area may allow the open burning of leaves but would need <br />to adopt an ordinance specifically allowing the practice. This ordinance has certain criteria, that would <br />need to be met such as conditions to m;nimi7e air pollution, fire danger, or any other hazard and nuisance <br />concerns. Copies would also need to be provided to the DNR and MPCA. <br />Staff would recommend the City continue the practice of not allowing the burning of leaves and grass <br />clippings as Elk River is a growing city and numerous complaints are received each year during the <br />burning seasons regarding the odor and smoke caused from the burning of these types of materials. <br />Financial ImRact <br />N/A <br />Attachments <br />^ Draft Ordinance <br />Action Motion by Second by Vote <br />Follow Up <br />S:\Council\open Bum Memo.doc <br />