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REQUEST FOR ACTION <br />TO <br />ITEM NUMBER <br />Mayor & City Council <br />6.4 <br />AGENDA SECTION <br />MEETING DATE <br />PREPARED BY <br />Work Session <br />August 13, 2012 <br />Rebecca Haug, Environmental <br />Administrator <br />ITEM DESCRIPTION <br />REVIEWED By <br />Ordinance Regulating the Use of Coal -Tar Based Products <br />Cal Portner, City Administrator <br />REVIEWED BY <br />Peter Beck, City Attorney <br />ACTION REOUESTED <br />Approve the Coal Tar -Based Sealer Products Ordinance without the licensing requirement. <br />BACKGROUND /DISCUSSION <br />Staff presented information about Coal Tar -Based Sealants at the July 9, 2012, City Council work session. <br />Two ordinances were drafted. The ordinance with the licensing requirement would require any person, <br />firm, corporation, or franchise to obtain an application form from the city to engage in the application of <br />asphalt sealer products within the city. In addition to the form, applicants must also submit a product <br />material safety data sheet, state license, and an application fee. <br />In the past, staff experience with requiring licensing for such practices has proven to be more costly and <br />time consuming than providing information to the residents and businesses. For this reason, a version of <br />the ordinance not requiring licensing was also drafted. Staff is recommending this version of the <br />ordinance be approved. <br />To address public notification and education of the ordinance, staff included the notification letter that <br />was sent out to sealcoat applicators operating in the City of Elk River. Residents will be notified of the <br />ordinance on the city website and in the city newsletter. <br />In response to a Council question regarding the longevity of the coal tar -based sealant in comparison to <br />asphalt sealant, staff found that a coal tar -based sealant applied to the pavement can last 20 -25% longer. <br />Asphalt emulsion sealant application should last three to four years; coal tar -based sealants four to five <br />years. <br />ATTACHMENTS <br />• Attachment 1: Staff Report dated July 9, 2012 <br />• Attachment 2: Ordinance including Licensing <br />• Attachment 3: Ordinance without Licensing <br />• Attachment 4: Business Notification Letter <br />Action Motion by Second by Vote <br />POWERED By <br />N: `,Public Bodies City Council Council RCA Agenda Packet 08 -13 -2012 ,coal tar sealantdoch INAMIRE1 <br />