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<br />. <br />City of 1</ <br />Elk <br /> <br /> <br />Item # 4.5. <br /> <br />Memorandum <br /> <br />TO: <br /> <br />MAYOR AND CITY COUNCIL <br /> <br />FROM: <br /> <br />STEPHEN ROHLF, BUILDING AND <br />ZONING ADMINISTRATOR <br /> <br />DATE: NOVEMBER 13, 2000 -SfL <br /> <br />SUBJECT: REQUEST TO PROCEED WITH <br />LAWN FERTILIZER ORDINANCE <br /> <br />City staff has been working with the Lake Orono Water Quality Task Force since before <br />the Lake Orono dredging project. As part of their ongoing effort to improve the water <br />quality in the Lake, this group is considered the effects of fertilizer. <br /> <br />Approximately 15 communities in Minnesota currently have ordinances that address the <br />amount of phosphorus contained in fertilizer. Most of these communities are in the <br />metropolitan area, but several are out-state communities. <br /> <br />. <br /> <br />Banning the use of phosphorus in fertilizer tends to be an unenforceable ordinance. The <br />city would need fertilizer police. Banning the sale of phosphorus in fertilizer apparently <br />runs into trouble with interstate commerce laws. For these reasons, staff was initially <br />reluctant to move forward with an ordinance amendment regarding lawn fertilizer. <br /> <br />However, after talking to several communities, staff believes the usefulness of such an <br />ordinance is for educational purposes. It carries more weight to say phosphorus is not <br />needed, it can have negative environmental effects, and it is illegal versus saying we wish <br />you wouldn't use it. But, an ordinance has to be combined with a strong educational <br />program and advertising campaign to be effective. <br /> <br />Plymouth's Ordinance - Attached to this memo is the City of Plymouth's Lawn <br />Fertilizer Ordinance that they initially passed in 1995. This is a good ordinance to use as <br />a model. Staffs contact at the City of Plymouth was Shane Missaghi (763) 509-5000. <br />Key components of this ordinance are as follows: <br /> <br />~ License requirements for commercial applicators - The licensing provides a <br />vehicle to inform commercial applicators of the city's restrictions on fertilizer and <br />provides for random sampling, if it is thought that they are not adhering to the <br />ordinance. State Statutes (18B) regarding requirements on posting warning signs <br />and other restrictions on pesticide use are referenced in this ordinance. <br /> <br />. <br /> <br />~ Exemptions to Phosphorus Requirements - Phosphorus can be used if someone <br />can prove their soil is low on phosphorus through testing or on newly established <br /> <br />13065 Orono Parkway. P.O. Box 490. Elk River, MN 55330. TDD & Phone (763) 441-7420. Fax (763) 441-7425 <br />