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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