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HomeMy WebLinkAbout8B - Lawn Fertilizer ./ MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT August21,2000 f\~~ :~ank Boyles, City Manage,V CONSIDER APPROVAL OF ORDINANCE OO-XX AMENDING SECTIONS 607.401, 607.403 AND 607.404 OF ORDINANCE 00-15 RELATING TO CONTROLLING FERTILIZER APPLICATION AND CONSIDER APPROVAL OF ORDINANCE OO-XX AUTHORIZING SUMMARY PUBLICATION. History At the Council's August 7, 2000 meeting, it adopted Ordinance 00-15 which prohibits the use of fertilizers containing phosphorus throughout the City of Prior Lake. The purpose of this agenda item is to adopt minor clarifications to that ordinance and approve a summary version of the ordinance for publication purposes. Current Circumstances In adopting the lawn fertilizer application control ordinance, the City Council confirmed its desire to promote better water quality in Prior Lake. According to a 1998, lake survey conducted by the Lake Advisory Committee, almost half of the respondents indicated that water quality was their primary concern regarding the Lake. The ordinance is a significant tool in addressing this concern. Prior to publishing the ordinance, the staff is recommending that minor clarifications be made. The intent of the c1arfifications is to assure that the ordinance clearly provides that no "person. commercial applicator or non- commercial applicator" may apply lawn fertilizer containing phosphorus anywhere within the community. Accordingly, minor revisions have been made to sections 607.401, 607.403 and 607.404 to clarify that the ordinance applies to property owners as well as commercial and non-commercial applicators. In an effort to reduce the costs of publication, the staff is also recommending the attached summary ordinance for publication. City Code provides that "consistent with state statutes, the Council may authorize publication of a summary of the ordinance, rather than its full text. The Council, by motion, must approve and authorize the proposed summary." Conclusion The minor revisions to Ordinance 00-15 as identified herein are recommended for adoption, as is the attached summary ordinance for publication purposes. ALTERNATIVES: (1) Adopt Ordinance OO-XX amending sections 607.401,607.403 and 607.404 of Ordinance 00-15, and adopt Ordinance OO-XX authorizing summary publication. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 1:\COUNCIL\AGNRPTS\2000\0821_8B.DOC AN EQUAL OPPORTUNITY EMPLOYER T-'-' T ./ RECOMMENDED MOTION: (2) Adopt the Ordinances with amendments. (3) Deny both ordinances and provide staff direction. Alternative (1). Motion and Second to Adopt Ordinance oo-xx amending sections 607.401, 607.403 and 607.404 of Ordinance 00-15. Motion and Second to Adopt Ordinance OO-XX authorizing summary publication of Ordinance 00-15 as amended. 1:\COUNCIL\AGNRPTS\2000\0821_8B.DOC ./ ./ CITY OF PRIOR LAKE ORDINANCE NO. 00- XX AN ORDINANCE AMENDING SECTIONS 607.401, 607.403 AND 607.404 OF ORDINANCE 00-15 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: Sections 607.401,607.403 and 607.404 of Ordinance 00-15 is hereby amended to read: "No person, commercial applicator or noncommercial applicator..... " Ordinance 00-15 and this ordinance shall become effective from and after its passage and publication by summary ordinance. Passed by the City Council of the City of Prior Lake this 21 st day of August, 2000. ATTEST: City Manager Mayor Published in summary in the Prior Lake American on the 26th day of August, 2000. Drafted By: City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372 i:\council\agnrpts\2000\ordamend.doc PAGE 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER I !I ./ ./ CITY OF PRIOR LAKE ORDINANCE NO. 00- XX A SUMMARY OF ORDINANCE 00-15 AS AMENDED CONTROLlNG LAWN FERTILIZER APPLICATION Whereas, on August 7, 2000, the City Council of the City of Prior Lake adopted a Lawn Fertilizer Application Control ordinance (Ordinance 00-15) adding Section 607 to the Prior Lake City Code; and Whereas, in adopting the Lawn Fertilizer Application Control ordinance, the City Council confirmed its desire to promote better water quality in Prior Lake; and Whereas, on August 21, 2000, the City Council adopted minor revisions to Ordinance 00-15 prior to its publication; and Whereas, the City Council continues to be concerned for the costs of publishing lengthy ordinances. Now Therefore, the City Council of the City of Prior Lake does hereby ordain that: 1. This summary ordinance provides the public with general notice of the provisions of the Lawn Fertilizer Application Control Ordinance 00-15 as amended. A full copy of the amended Ordinance 00-15 is available for inspection at Prior Lake City Hall, 16200 Eagle Creek Avenue S.E., Prior Lake, MN 55372. 2. In summary, Ordinance 00-15 as amended provides provisions for and specifies the following: a) Prohibits the use of phosphorus lawn fertilizers within the City by any person, commercial applicator or non-commercial applicator; b) Identifies a procedure for licensing commercial lawn fertilizer applicators effective January 1, 2001; c) Regulates the time when lawn fertilizers may be applied; d) Prohibits the use of any fertilizer or pesticides below the Ordinary High Water Mark, within 15 feet of any wetland or water resource, on any impervious surfaces, or within areas within drainage ditches or waterways; e) Identifies circumstances which are exempt to the no phosphorus requirement; f) Provides penalties for non-compliance. 3. Ordinance 00-15 as amended shall become effective from and after its passage and publication by this summary ordinance. Passed by the City Council of the City of Prior Lake this 21st day of August, 2000. i:\council\agnrpts\2000\summaryord.doc PAGE 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 Ai'i EQUAL OPPORTUNITY EMPLOYER ./ ./ ATTEST: City Manager Mayor Published in the Prior Lake American on the 26th day of August, 2000. Drafted By: City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372 i :\council\agnrpts\2000\summaryord.doc PAGE 2 ,/ AN ORDINANCE AMENDING SECTION 600 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain: Section 600 of the Prior Lake City Code is hereby amended to read as follows: Subsections: 607.100: 607.200 607.300 607.400 607.500 607.600 607.700 607.100: 607.200: SECTION 607 LAWN FERTILIZER APPLICATION CONTROL Purpose Definitions Regulations for Commercial Lawn Fertilizer Applicators General Regulations Exemption to Phosphorous Requirement Penalty Effective Date Purpose: The City has reviewed existing data related to the water quality of Prior Lake. The data indicates that lake water quality may be maintained and improved if the City is able to regulate the amount of lawn fertilizer entering the lake as a result of storm water runoff or other causes. Excessive nutrient loading leads to excessive aquatic vegetation and reduced transparency. The purpose of this ordinance is to define regulations, which will aid the City in managing and protecting its water resources which are enjoyed by its residents and other users. Definitions: For the purpose of this section, certain terms and words are defined as follows: "Commercial Applicator" is a person who is engaged in the business of applying fertilizer for hire. "Fertilizer" means a substance containing one or more recognized plant nutrients that is used for its plant nutrient content and designed for use 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. "Noncommercial Applicator" is a person who applies fertilizer during the course of employment, but who is not a commercial lawn fertilizer applicator. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 H:\NOPHOSPH.DOC AN EQUAL OPPORTUNITY EMPLOYER 607.300: 607.301 607.302 607.303 H:\NOPHOSPH.DOC ./ Regulations for Commercial Lawn Fertilizer Applicators: License Required: No person, firm, corporation or franchise shall engage in the business of commercial lawn fertilizer applicator within the City unless a license has been obtained from the City Manager or a designee as provided herein. License Application Procedure: Applicants for a commercial lawn fertilizer applicator license shall be submitted to the City Manager or a designee. The application shall be on a form provided by the City and contain at a minimum of the following information: (1) Application Form. Applications forms shall be provided by the City and shall include the following instructions: · Name, address and telephone number of applicant and any individuals authorized to represent the applicant. · Description of lawn fertilizer formula proposed to be applied an lawns within the City. · A time schedule for application of lawn fertilizer and identification of weather conditions acceptable for lawn fertilizer application. (2) Product Material Safety Data Sheet. A copy of Material Safety Data Sheet, including product chemical analysis of the intended lawn fertilizer, shall be submitted to the City along with the initial application for a license, and, thereafter, at least seven days before fertilizer composition changes are implemented. (3) Minnesota State Licenses. A copy of all licenses required of the applicant by the State of Minnesota regarding the application of pesticides and fertilizers. (4) license Fee. An applicator license fee for each commercial business shall be Fifty Dollars ($50.00) or as determined or as established by the City Council. The license shall expire on the 31 st day of December. The license fee shall not be prorated. (5) Other Information. Such other information as the City Manager may deem necessary to making an informed decision concerning whether to issue a license to the applicant. Conditions of License: Commercial lawn fertilizer applicator licenses shall be issued subject to the following conditions which shall be specified on the license form: (1) Random Samplinq. Commercial lawn fertilizer applicators shall permit the City to sample any commercial lawn fertilizer applications to be applied within the City at any time after issuance of the initial license. (2) Possession of License. The commercial lawn fertilizer license, or a copy thereof shall be in the possession of any party employed by the commercial lawn fertilizer applicator when making lawn fertilizer applications within the City. 607.400: 607.401 607.402 607.403 607.404 607.405 607.500: H:\NOPHOSPH.DOC ./ (3) Possession of Product Material Safety Data Sheet. A copy of product Material Data Safety Sheet of the lawn fertilizer used shall be in the possession of any party employed by the commercial lawn fertilizer applicator when making lawn fertilizer applications within the City. (4) State Requlations. Licensee shall comply with the provIsions of the Minnesota Fertilizer and Soil Conditioner Law as contained in Minnesota Statutes Sections 17.711 through and including 17.729 and amendments thereto. General Regulations. Time of Application: No person, commercial applicator or noncommercial applicator may apply lawn fertilizer when the ground is frozen or when conditions exist which will promote or create stormwater runoff. Sample Analysis Cost: The cost of analyzing fertilizer samples taken from commercial applicators shall be paid by the commercial applicators if the sample analysis indicates that phosphorus content exceeds the levels authorized herein. Fertilizer Content: No person, commercial applicator or noncommercial applicator shall apply any lawn fertilizer, liquid or granular, within the City of Prior Lake which contains any amount of phosphorous or other compound containing phosphorous, such as phosphate, except: (1) the naturally occurring phosphorous in unadulterated natural or organic fertilizing products such as yard waste compost (2) or as otherwise provided in Section 607.500. Impervious Surfaces and Drainage Ways: No person, commercial applicator or noncommercial applicator shall apply fertilizer to impervious surfaces, areas within drainage ditches, or waterways. Buffer Zone: No fertilizers and pesticides regardless of whether it contains phosphorus shall be applied: (1) below the Ordinary High Water lines as established by the Minnesota Department of Natural Resources; or (2) within fifteen (15) feet of any wetland or water resource. Exemption to Phosphorous Requirement: The limitation pertaining to quantity of phosphorous shall not apply to: (1) newly established or developed turf and lawn areas during the first growing season; or (2) turf and lawn areas which soil tests confirm are below phosphorous levels established by the University of Minnesota Extension Services. The lawn fertilizer application shall not contain an amount of phosphorous exceeding the amount of 607.600 607.700 607.800 607.900 / phosphorous and the appropriate application rate recommended in the soil test evaluation. Phosphorus applied as lawn fertilizer pursuant to the aforementioned exemptions shall be watered into the soil where it is mobilized and generally protected from loss by runoff. At least 24 hours prior to applying lawn fertilizer that exceeds the phosphorus limits as specified in this subsection, the City must receive notice from the commercial license applicator of the lawn fertilizer application, the reason for exceeding the phosphorous limitations provided in this Chapter and the amount of phosphorous contained in the lawn fertilizer to be applied. Penalty: Any person or business violating any provision of this Section shall be guilty of a petty misdemeanor and upon conviction thereof shall be punished by a fine of not more than seven hundred dollars ($700.00) The City may revoke a commercial applicator's license for repeat violations of this Chapter. Revocation: The City manager may revoke a commercial applications license upon finding that there has been a violation of this Chapter. The City manager shall provide a license with ten (10) days written notice that the City manager intends to revoke the license. The notice shall state the violation and provide a factual basis for the determination. The license may, within the ten (10) day notice period, request a hearing before the City Manager to present facts why the licensee's license should not be revoked. The City Manager shall meet with the appellant within five (5) business days of receiving the licensee's notice requesting reconsideration of the revocation decision. The meeting with the licensee shall consist of the City Manager and a department head designated by the City Manager to observe and document the discussion between the licensee and the City Manager. The licensee may be accompanied by any individual who has evidence to support the licensee's claim that the licensee has not violated any provision set out in this Section. Effective Date: For noncommercial applicators this Section shall become effective upon its due passage and enactment and publication according to law. For commercial applicators this Section shall become effective January 1, 2001. Severability: If any provision of this ordinance is deemed unenforceable by a court of competent jurisdiction, the remaining provisions shall not be invalidated. Passed by the City Council of the City of Prior Lake this 7th day of August, 2000. ATTEST: Frank Boyles, City Manager Wesley Mader, Mayor Published in the Prior Lake American on the 26th day of AUQust, 2000 by summary ordinance. Drafted By: City of Prior Lake, 16200 Eagle Creek Avenue S.E., Prior Lake, MN 55372 H:\NOPHOSPH.DOC I -.--.----.---.---.. .....-. . ... ....-.. .. .....-.--..--.....-... ...-.-..-.... -.-.-------.-..--....-.-...