Scottsdale council eases dust-control mandate

Scottsdale officials Tuesday considered ways to ease controversial anti-dust mandates by such measures as allowing 5-mph signs to be posted on private driveways and exempting livestock areas.

Despite the misgivings of many City Council members, the council last month adopted a number of anti-dust measures handed down by the federal government.

Among them are requirements to apply anti-dust measures such as water, chemicals or crushed rock to unpaved driveways and parking areas on large residential lots.

"This thing's half-baked," Councilman Bob Littlefield said.

Equestrians have said the laws are an unnecessary financial burden and a danger to horses.

Others have said the requirement to stabilize unpaved driveways is unfair, since many unpaved public roads with much higher traffic volumes do not have to be treated.

The council voted 6-1, with Tony Nelssen dissenting, to add 5-mph speed limit signs to the list of acceptable dust control alternatives.

"That's a very low-cost way to address the issue," Councilwoman Betty Drake said.

The decision also exempts livestock areas, such as corrals and feedlots, from the city anti-dust laws. Maricopa County regulations will still apply, though.

"The county has always regulated livestock activities," Drake said. "Let them do it."

Another measure involves researching whether ranches should be classified as residential property, delaying the date when the city begins enforcement of anti-dust measures on those properties until October 2009. Enforcement on commercial properties, on the other hand, is slated to begin this October.

Unpaved private driveways that connect to unpaved public roadways would be exempt from anti-dust requirements, as well. Drake said it's unfair that owners of private property with a low volume of traffic on their driveways have to apply the treatment, while city streets with a higher volume of traffic remain exempt.

"Why are we imposing more punitive measures on private-property owners? It makes absolutely no sense," Drake said.

Additionally, city officials have contacted the Arizona Attorney General's Office to get an opinion on the constitutionality of the mandates, and plan to work with state legislators to modify the over-arching state laws to make them less onerous.

"We want the state to amend this legislation to be more rational," Littlefield said.

State law required the city to adopt the anti-dust laws by the end of March.

Failure to adopt the new rules could have meant the loss of $2 million in federal transportation funds for Scottsdale. Complying with them, however, means the city will spend nearly $500,000 to hire three full-time employees and buy two vehicles and a water truck, officials have said.