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City Council Study Session Minutes of Monday, May 14, 2007 Page 2 In consultation with the City Attorney, staff and the PWET were ad- vised that the City is limited by State Statute on regulations other than signage. The PWET seeks modification of the fertilizer ordinance to regulate and require warning signage for commercial and certain non- commercial applications; including pesticides and consistent language modifications to bring it into compliance with current statute language limiting the use of phosphorus in fertilizer content. The PWET further recommends increasing the buffer from water re- sources, more consistent with watershed district management plans, from the current 10 feet to 50 feet. The PWET anticipated working with staff on educational efforts to familiarize the community with the modifications and benefits for protection of water resources. Councilmember Pust was supportive of the revised language; and sought additional information regarding how homeowners became aware of items containing phosphorus. Commissioner Neprash clarified provisions of State law in identifying those products containing phosphorus; as well as intended educational efforts for homeowners at the state and local levels, as well as many vendors providing signage identifying products containing phospho- rus. Councilmember Roe was supportive of the modified ordinance; and sought clarification on sign requirements for the City and controls in place for their placement and visibility. Councilmember Roe further questioned if the City could provide additional restrictions and regula- tions above and beyond that of state statute. Commissioner Neprash advised that the ordinance language mirrored state statute language; and that the City could not exceed that lan- guage to any great degree. Councilmember Kough spoke in support of the advantage and impor- tance in notifying neighboring property owners when applications will be done to provide protection of animals and small children; and for public education and awareness; and questioned whether that regula- tion could be included in ordinance language.