HomeMy WebLinkAbout2002 10-14 City Council Manager Workshop PacketAGENDA
CITY COUNCIUMANAGER WORKSHOP
Monday, October. 14, 2002
Council/Manager's Workshop 10 -14 -02
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AGENDA I TEN
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*616 F �� � MEMORANDUM a
Date
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TO: Richard Fursman
FROM: Melinda Coleman 1,Iodified
Rejected
SUBJECT: Resident request to review Fertilizer Ordinance Y
DATE: October 8, 2002,
INFORMATION
Staff has received a request from George Dege, from Dege Garden Center, to address the
City Council on the newly adopted lawn fertilizer ordinance. Mr. Dege was out of the
state when notices were sent out to interested parties during discussion on this topic. Mr.
Dege is particularly concerned with the sale restriction component of the ordinance. Mr.
Dege has been informed that there are two workshop items and that he should limit his
comments to 20 minutes.
In addition to Mr. Dege's request, staff has received a letter from Bob Fitch, Executive
Director of the Minnesota Nursery and Landscape Association. This letter is attached
and he too, is requesting that City Council repeal the sale restriction aspect of the
Fertilizer Ordinance.
RECOMMENDATION
No action can be taken at'the workshop session. However Council can direct staff to do
additional work or place on an upcoming City Council agenda if changes are desired.
ATTACHEMENTS
1. Letter from Dege
2. Letter from Fitch
3. Fertilizer Ordinance
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Melinda Coleman
Assistant Maplewood City Manager
1830 E. Co Rd B
Maplewood MN 55109
Melinda Coleman & Maplewood City Council;
SEP 9 2002����
September 5, 2002
Per, the telephone conversation of George Dege and Melinda Coleman, George Dege
would like Melinda to set up a meeting' workshop with the City Council regarding the
New phosphorus fertilizer ordinance.
There, are a few things that have come to our attention considering this ordinance that will
greatly impact the business in our community, based on the misinformation you may
have gotten.
We have been in business in this community since 1970 and have been able to help
homeowners and businesses protect the environment. We would appreciate consideration
of a workshop to share with you ideas that are proven to work for our community, and
yes, we are not negating the states mandate for 2004.
There are some points that should be considered. The first part of your regulation stated
no phosphorus fertilizer to be sold in the city of Maplewood. Point 1: 20% of my
customers are in Maplewood. How do I take care of the rest of my clients? Point 2:
You are not distinguishing between flowers, trees and vegetables when you ban all
products that contain phosphorus.
We will wait your reply. Thank you for your consideration the phosphorus issue.
Sincerely,
l c�
George S. Dege
C
831 N. Century Ave. • St. Paul, MN 55119 • 651- 739 -5296
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S EP 12 2002
Minnesota
Nursery Landscap* e Association
(651) 633 -4987 • Fax (651) 633 -4986
P. 0. Box 130307 • St. Paul, MN 55113 -0003
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September 11, 2002
Melinda Coleman, Assistant City Manager
City of Maplewood
1830 E. County Road B
Maplewood MN 55109
Dear Ms. Coleman:
www. mnlandscape. org
It was recently brought to my attention that the city of Maplewood passed an ordinance
prohibiting the sale of lawn fertilizers containing phosphorus. MNLA has been told that
this ordinance was passed quickly and with little public notice in order to "beat" a state
deadline.
MNLA is disappointed that the city of Maplewood would pass this ordinance. Our
association would call to your attention the following facts:
• The state law that passed this year to limit phosphorus use specifically applies to the
application of phosphorus, not the sale of it. State lawmakers avoided the sales question
because of the possibility that limiting sales would violate interstate commerce laws.
• Several cities that passed ordinances in 2001 to limit the sales of phosphorus fertilizers did so
with the hopes of forcing the hand of the state to pass a statewide law so that a patchwork
quilt of ordinances could be avoided. Some cities set up their ordinances to sunset or planned
to repeal them once a state law went into effect.
• A ban on the sales of, phosphorus fertilizers in your municipality will hurt your local
businesses most of all. For those homeowners who need phosphorus fertilizer because they
are installing a new lawn or because a soil test shows a need, they will now need to shop for
fertilizer outside of your, city limits. This will hurt locally -owned businesses through lost
sales and hurt the city of Maplewood through lost sales tax collections.
The Minnesota Nursery & Landscape Association urges you to repeal this ordinance
which will hurt Maplewood -based businesses.
S inc er ,
t
Bob Fitch; xecutive Director'
Minnesota Nursery & Landscape Association
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ORDINANCE
NO.
AN ORDINANCE AMENDING THE MAPLEWOOD CITY CODE
LICENSING COMMERCIAL LAWN FERTILIZER APPLICATORS
AND REGULATING THE USE OF FERTILIZER
THE CITY COUNCIL OF THE CITY OF - MAPLEWOOD, MINNESOTA ORDAINS:
SECTION 1. City of Maplewood Code is amended by adding Chapter 17.7 to provide:
COMMERCIAL FERTILIZER APPLICATION
17 -7 -1: STATEMENT OF PURPOSE: The City has conducted studies and reviewed existing
data and literature to determine the current and projected water quality of various lakes, ponds,
and wetlands within the community. Water quality maybe improved if the amount of
phosphorus from fertilizer and vegetative sources entering water bodies through the storm
drainage system as well.as overland runoff is reduced. The purpose of this section is to
maintain and promote the improvement of lake, pond and wetland resources that the residents
of Maplewood and other users enjoy.
17 -7 -2: DEFINITIONS: For purposes of this section, the following terms shall be defined as
stated:
COMMERCIAL APPLICATOR: A person who is engaged in the business of applying
fertilizer for hire.
FERTILIZER: A substance containing one or more recognized plant nutrients that is
used . for its plant nutrient content and designed for use of or claimed to have value in
promoting plant growth. Fertilizer-does not include animal and vegetable manures that
are not manipulated, marl, lime, limestone, and other products exempted by Rule by the
Minnesota Commissioner of Agriculture.
17 -7 -3: LICENSE REQUIRED: No commercial applicator shall apply fertilizer without first
obtaining a license from the City as provided herein.
17 -7-4: SALE OF FERTILIZER ,CONTAINING PHOSPHORUS. Effective August 1, 2003, no
person, firm, corporation, franchise, or commercial establishment shall sell any lawn
fertilizer, liquid or granular, within the City of Maplewood that contains any amount of
phosphorus.
17 -7 -5: LICENSE APPLICATION: All applications for a license required under this section shall
be made on a form fumislied by the City and submitted to the City, together with the licensing
fee established by the City Council.
17 -7 -6: CONDITIONS OF LICENSE: The licensee shall comply with the following requirements:
a. Random Sampling: During the term of the license, the licensee shall permit the
City to obtain a sample of any fertilizer to be applied within the City.
b. Possession of License: The license, or a copy thereof, shall be in the possession of
the licensee or its employees or agents when they are applying fertilizer in the City.
c. Timing of Application: No fertilizer application shall be made when the ground is
frozen and not between November 15 through April 1 of the succeeding year.
d. Impervious Surfaces: The licensee, or any employee or agent thereof, shall not
apply, spill, or otherwise deposit fertilizer on impervious surfaces. Any fertilizer
applied, spilled, or deposited, either intentionally or accidentally, on impervious
surfaces shall, be immediately and completely removed by the licensee before
leaving the site.
e. Buffer Zones: No fertilizer shall be applied within established wetland buffer zones
as outlined in City Ordinance 9 -196, or within 25 feet of the edge of any wetland,
pond, or lake.
f. Fertilizer Content and Application Rate: No fertilizer shall be applied to turf in the
City that contains any amount of phosphorus or other compounds containing
phosphorus, such as phosphate. The provisions of this paragraph about fertilizer
content shall not apply to:
1. Newly established turf areas for the turf's first growing season; or
2. In turf areas that soil tests confirm are below phosphorus levels established
by the University of Minnesota Extension Service. The lawn fertilizer
application shall not contain an amount of phosphorus exceeding the amount
of phosphorus and the appropriate application rate recommended in the soil
test evaluation.
3. Record keeping: The licensee shall be responsible for maintaining a record of
the pounds of phosphate, expressed as P205 per 1,000 square feet of land,
applied to each site by the licensee during the year, and a record of the soil
test confirming the need for phosphorus.
17 -7 -7: RESPONSIBILITY OF LICENSEE: The conduct of agents or employees of a licensee,
while engaged in the performance of their duties for the licensee under the license, shall be
deemed the conduct of the licensee.
17 -7 -8: NON - COMPLIANCE: Failure to comply with any requirement set forth in the Chapter
shall constitute sufficient cause for the revocation of the license by the City Council following a
public hearing.
17 -7 -9: DURATION AND TRANSFERABILITY OF LICENSE: The license issued hereunder is
effective for the period of January 1 to the following December 31 and must be renewed
annually by the licensee. The city shall not prorate any license fee. A license issued hereunder
is not transferable and any change in ownership of the licensed business shall terminate the
license.
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17 -7 -10: REVIEW: If statutory provisions are adopted subsequent to the adoption of this
Chapter that address phosphorus levels in fertilizer, the City Council shall review this Chapter
for possible revisions or repeal.
17 -7 -11: ENFORCEMENT: For the first twelve (12) months following the effective date of this
Chapter no penalty shall attach to a violation. Thereafter, a violation shall be a misdemeanor
punishable in accordance with law.
SECTION 2: Maplewood City Code is amended by adding Division 5, Chapters 9 -200 to 9 -205
to provide:
DIVISION 5
LAWN FERTILIZER
9 -200: STATEMENT OF PURPOSE: The City has conducted studies and reviewed existing
data and literature to determined the current and projected water quality of various lakes, onds
P ,
and wetlands within the community. Water quality may be improved if the amount of
phosphorus from fertilizer! and vegetative sources. entering water bodies through the storm
drainage system as well as overland runoff is reduced. The purpose of this section is to
P P
maintain and promote ,the improvement of lake, pond and wetland resources that the residents
of Maplewood and other users enjoy.
9 -201: DEFINITIONS: For purposes of this section, the following terms shall be defined as
stated:
FERTILIZER: A substance containing one or more recognized plant nutrients that is
used for its plant nutrient content and designed for use of or claimed to have value in
promoting plant growth. Fertilizer does not include animal and vegetable manures that
are not manipulated, Imarl, lime, limestone, and other products exempted by Rule by the
Minnesota Commissioner of Agriculture.
9 -202: SALE OF FERTILIZER CONTAINING PHOSPHORUS. Effective August 1, 2003, no
person, firm, corporatio,n,i franchise, or commercial establishment shall sell any lawn
fertilizer, liquid or granular, within the City of Maplewood that contains any amount of
phosphorus.
9 -203: RESTRICTIONS ON APPLICATION AND USE: The application and use of lawn
fertilizer is subject to the following restrictions:
a. Timing of Application: No fertilizer application shall be made when the ground is
frozen and. not between November 15 through April 1 of the succeeding year.
b. Impervious Surfaces: Fertilizer shall not be applied, spilled, or otherwise deposited
on impervious surfaces. Any fertilizer applied, spilled, or deposited, either
intentionally or` accidentally, on impervious surfaces shall be immediately and
completely removed.
c. Buffer Zones: No fertilizer shall be applied within established wetland buffer zones
as outlined in City Ordinance 9 -196, or within 25 feet of the edge of any wetland,
pond, or lake.
d. Fertilizer Content and Application Rate: No fertilizer shall be applied to turf within
the City that contains any amount of phosphorus or other compounds containing
phosphorus, such as phosphate. The provisions of this paragraph regarding
fertilizer content shall not apply to:
1. Newly established turf areas for the turf's first growing season; or
2. On turf areas which soil tests confirm area below phosphorus levels established
by the University of Minnesota Extension Service. The lawn fertilizer application
shall not - contain an amount of phosphorus exceeding the amount of phosphorus
and the appropriate application rate recommended in the soil test evaluation.
9 -204: NOTICE REQUIREMENT: Retail businesses in Maplewood selling fertilizer shall post a
notice in a conspicuous location near the fertilizer notifying customers of the limitation on the
use of fertilizer containing phosphorus in Maplewood as outlined in this Chapter.
9 -205: REVIEW: If statutory provisions are adopted subsequent to the adoption of this Chapter
that address phosphorus levels in fertilizer, the City Council shall review this Chapter for
possible revisions or repeal.
9 -206: VIOLATIONS: For the first twelve (12) months following the effective date of this
Chapter no penalty shall attach to its violation. Thereafter, a person violating any provision of
this Chapter shall be gui'Ity of a petty misdemeanor and upon conviction shall be subject to the
penalties imposed by Minnesota Statutes for petty misdemeanor offenses.
SECTION 3: This ordinance shall go into effect six months after the City Council passes it. The
sale restriction shall go into effect August 1, 2003.
ADOPTED this v �-- da of �S �� 2002 b the City Council of the City
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of Maplewood, Minnesota.
CITY OF MAPLEWOOD
BY:
Robert Cardinal, Mayor
ATTEST:
Karen Guifoile, City Clerk