2007-05-22_PWETC_AgendaPacket - Laserfiche WebLink

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 REQUEST FOR COUNCIL ACTION DATE: 5/21/07 ITEM: Department Approval: Manager Reviewed: Agenda Section: Item Description: Adopt an Ordinance Amending Chapter 408 of City Code Relating to Fertilizer and Pesticide Use Discussion of Modifications to the Fertilizer Ordinance Background: The Public Works, Environment, and Transportation Commission began studying the present Fertilizer Ordinance for possible updating in mid 2006. Members felt additional language should be added regarding the use of pesticides in the City, and the public should be notified as to where pesticides have been applied. The City Attorney offered that the City is limited by State Statute as to what can be regulated. State Statute only allows cities to regulate signage. With this information, the Commission asked that language be drafted to modify the fertilizer ordinance to regulate and require warning signage for commercial and certain non-commercial applicators. The Commission also supported updating other areas of the fertilizer ordinance. The ordinance name should include pesticides, and the ordinance is out of date with current statute limiting the use of phosphorus in fertilizer content. The Commission also recommends increasing the buffer from water resources from the current 10 feet to 50 feet, which is more consistent with watershed district management plans. Attached are the proposed amending ordinance, the final ordinance and the ordinance summary. The PWETC also is recommending staff work on an educational effort to familiarize the community of these changes, as well as the benefits of protecting our water resources. Staff will be working with the Watershed Districts and the Soil and Water Conservation District in an effort to educate residents on how they can help and what tools and resources are available to them. The Council discussed these changes at its May 14,2007, meeting. No revisions were requested at that time. Financial Implications: There is minimal cost in implementing this ordinance change and educational effort. The City is required under NPDES Phase II Storm Water regulations to have an educational program in place for protection of surface waters. Staff Recommendation: Staff recommends the Council consider approval of the proposed changes to the Fertilizer Ordinance.