8.1. SR 02-04-2013 Elk REQUEST FOR ACTION
River
TO ITEM NUMBER
Mayor and City Council 8.1
AGENDA SECTION MEETING DATE PREPARED BY
General Business February 4, 2013 Rebecca Haug, Environmental
Administrator
ITEM DESCRIPTION REVIEWED By
Authorization for Ordinance Amendment Removing the Lawn Suzanne Fischer, Community
Fertilizer Applicator Licensing Requirement Operations &Development Director
REVIEWED BY
Peter Beck, City Attorney
ACTION REQUESTED
Authorize staff to proceed with an amendment to remove the licensing requirement from the lawn
fertilizer applicator ordinance.
BACKGROUND/DISCUSSION
On March 19, 2001, the City Council adopted Ordinance 01-02 requiring Commercial Fertilizer
Applicators to obtain a license to apply fertilizer on properties in the city. The city conducted studies and
reviewed data on the water quality of Lake Orono and its tributary waterways. The data indicated that
lake water quality could be maintained or improved if the city regulated the amount of phosphorus and
other chemicals from fertilizer entering the lake as a result of stormwater runoff or other causes.
Since that time,the Minnesota Phosphorus Lawn Fertilizer Law was enacted in 2002 and amended in
2004. The law regulates the use of phosphorus fertilizer on lawns and turf with the intent of reducing
unnecessary phosphorus fertilizer use and preventing enrichment of rivers,lakes, and wetlands with
phosphorus. The law prohibits use of phosphorus lawn fertilizers unless new turf is being established or a
soil or tissue test warrants phosphorus application. Golf course staff trained in fertilizer applications and
sod farmers are exempt from these restrictions. The law also requires fertilizer of any type to be cleaned
up immediately if spread or spilled on a paved surface, such as a street or driveway. The Minnesota
Phosphorus Lawn Fertilizer Law is contained in Chapter 18C of the Minnesota State Statutes.
Staff surveyed 23 communities throughout the state about the status of licensing for Commercial
Fertilizer Applicators. Thirteen communities responded and all have discontinued requiring licensing
because the Minnesota Department of Agriculture (MDA) handles it and the process creates unnecessary
duplication of effort. The below chart shows the communities who responded to the survey:
City Region Population Area sq. License
miles Yes/No
North
Duluth East 865277 87.3 No
North
Grand Ra ids East 10,862 8.1 No
F0WIeIa 0
N:\Public Bodies\City Council\Council RCA\Agenda Packet\02-04-2013\8.1 Fertilizer Licensing.docx 4A f U R E
North
Cloquet East 12,148 36.0 No
North
Bemidji West 13,657 13.0 No
Brainerd Central 13,646 8.4 No
St. Cloud Central 66,169 30.9 No
Elk River Central 23,186 43.8 Yes
Little Falls Central 8,349 6.8 No
Fergus Falls Central 13,125 14.1 No
Blaine Metro 57,584 34.0 No
Bloomington Metro 84,057 38.4 No
Shakopee Metro 37,814 28.5 No
Mankato Southern 39,528 15.4 No
Winona Southern 27,554 23.6 No
The city has issued eight licenses since 2009 and taken in$360. Staff spends approximately two hours per
license plus additional time trying to achieve compliance from those applicators who argue the validity of
needing an additional license.
Upon City Council approval, staff will bring forward the ordinance amendment at a future meeting.
Action Motion by Second by Vote
Follow Up
N:\Public Bodies\City Council\Council RCA\Agenda Packet\02-04-2013\8.1 Fertilizer I.icensing.docx