4.6 SR 04-01-2013racy or
REQUEST FOR ACTION
E.
,
ACTION REQUESTED
Adopt by motion an ordinance repealing all of Chapter 38, Article X, titled "Lawn Fertilizer Applicators
of the City Code of Ordinances."
BACKGROUND/ DISCUSSION
At the February 4, 2013, Council meeting, staff received authorization to remove the licensing
requirement for Lawn Fertilizer Applicators. In the comprehensive review of this ordinance, staff is
recommending repealing the ordinance in its entirety because the regulations found within are adequately
covered in other sections of the City Code, or by the State of Minnesota.
The city attorney has reviewed the ordinance.
ATTACHMENTS
• Ordinance
® February 4, 2013, staff report
N: \Public Bodies \City Council \Council RCA \Agenda Packet \04 -01- 2013 \LaNv Fertilizer Ordinance Repeal.docx
INAT-URE]
1 • 1 11 A
N,, 0 ORDINANCE • OF RIVER REPEALING O CHAPTER
38, ARTICLE X, "LAWN FERTILIZER APPLICATORS" OF
MINNESOTA, • .
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Chapter 38, Article X titled, Lawn Fertilizer Applicators, of the City of Elk River
Code of Ordinances is hereby repealed.
Section 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Ella River this 1s` day of April, 2013.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
City of t REQUEST FOR ACTION
El
• r
TO ITEM NumBER
Mayor and Citv 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, Communitv
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 Citv 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 iNfinnesota 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 (NVIDA) 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
Yes/ No
miles
North
Duluth
East
86,277
87.3
No
North
Grand Rapids
East
10,862
8.1
, No
P.. I H E 1 0 Y
NAPubliic Bodics \City Council \Council RCA\ Agenda Pac et \02- 042013 \8,1 Fertilizer Licensing.docs INATUREI
Cloquet
North
East
12,148
36.0 No
...............................
Bemidji
North
West
13,657
l
13.0 No
Brainerd
Central
13,646
8.4 No
St. Cloud
Central
66,169
30.9 No
.......................
Elk River
Central
23,186
i
43.8't 4 `
Little Falls
Central
8,349
6.8 No
Fergus Falls
Central
13,125
14.1
Blaine
Metro
57,584
34.0 N o
Bloomington
Metro
84,057
38.4 No
Shakopee
Metro
37,814
y
1
28.5 No
Mankato
Southern
39,528
15.4 No
Winona
Southern
27,554
23. No
The city has issued eight licenses since 2009 and taken in 5360. 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 \Cite• Council \Council RCA \Agenda Packet \02 -04- 2013 \8.1 Fertilizer Licensing.doci