On 2/3/04 2:16 PM, "[EMAIL PROTECTED]" <[EMAIL PROTECTED]>
wrote:

> 
> Mayor Rybak Ignores Campaign Promises:
> http://www.pulsetc.com/article.php?sid=826&mode=&order=0
> &
> Look in this article for the Worst Local Politician part:
> http://www.pulsetc.com/article.php?sid=847&mode=&order=0
>  
> Some of you have pointed out that my mention of R.T.'s promise to Green Party
> activists to make a ban on phosphorus lawn chemicals his top priority is
> potentially off base because of actions taken by the city government prior to
> R.T. becoming mayor.  This is innacurrate.
> 
> The resolution passed by the city council and signed by (then Mayor) Belton
> bans the sale of phosphorus lawn chemicals in the city of Minneapolis.  I
> actually called True Green Chemlawn earlier today and spoke to someone about
> having my lawn potentially treated by them in the spring (BTW, I don't
> actually have a lawn-- I was just doing this to get the accurate info).  I
> made it very clear that I live in Minneapolis and that I want phosphorus
> used--I even specifically asked "can you for sure use phosphorus in
> Minneapolis?".
> 
> He assured me that he could and that they do...I told him I'd call back closer
> to spring.
> 
> It's illegal to sell the stuff here, but not illegal to use it...or at least
> the language is vauge enough that it's being ignored.
> 
> So here's the thing folks...even if I had made a mistake here on the
> phosphorus issue (which it turns out I didn't)-- I still think my point
> would've been made.  My choosing RT as the worst politician of the year is
> based on a pattern rather than any one specific issue.  RT ran as a
> progressive outsider who would always fight for the little guys-- his lack of
> being this "champion for the people" is why I have chosen to be so harsh on
> him lately in my writing.  I use examples to make points to support my
> stances, but my stance remains firm and well thought out without any of these
> specific examples-- (like the fact that RT was on CNN right away...instead of
> in the neighborhood when riots broke out in North Minneapolis over the
> police's shooting of a child).

I regret to inform Mr. Allison that he is, unfortunately, indeed incorrect.

While the city ordinance does deal with the sale of lawn fertilizers
containing phosphorus, I made a mistake yesterday when I wrote that the
state statute dealing with phosphorus in fertilizer was also a ban on sales.
It's actually a use restriction (not a complete ban because there are
exceptions for new lawns, etc.).

This restriction essentially bans the use of phosphorus in lawn fertilizers
in the Twin Cities metro area in established lawns, since few will meet the
test for insufficient phosphorus content. It doesn't matter whether the
fertilizer is applied by a do-it-yourselfer or by a lawn service, it's still
not allowed.

Here's a link to the language:

http://www.revisor.leg.state.mn.us/stats/18C/60.html

In addition, I pasted the text of the statute at the end of my post.

I'm not sure why Mr. Allison was given incorrect information by the lawn
service he called, but it certainly doesn't back up his argument that Rybak
broke a campaign promise regarding this issue. It merely shows that he
either spoke with someone who is incompetent or that the lawn service hasn't
gotten wind of the new rules they're supposed to follow, which just went
into effect as of January 1, 2004. Hopefully they will get that squared away
before they start breaking the law in a few months by applying an illegal
fertilizer.

As for why it's a big deal in the context of his writings, it's because we
should expect our local journalists to meet some standard of accuracy in
their work if they expect to be taken seriously. Mr. Allison's errors are no
different from the one made in the Strib editorial where Rybak was chided
for "Fuzzy math in trying to pad his affordable housing production totals."
when anybody who spent more than five minutes following that story knows
that Rybak's administration was not responsible for that "fuzzy math" -
they're the ones who fixed it.

It's certainly anyone's right to criticize the mayor or any other elected
official they disagree with. Just try and get it right when you do. It's
really not that hard to check your facts.

If you don't bother to do that, don't be surprised when someone criticizes
your criticism...

Mark Snyder
Windom Park

--------

  18C.60 Phosphorous turf fertilizer use restrictions.

Subdivision 1. Definitions. (a) The definitions in this subdivision
apply to this section.

(b) "Metropolitan county" means any one of the following counties:
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington.

(c) "Turf" means noncrop land planted in closely mowed, managed grasses
including, but not limited to, residential and commercial residential
property, private golf courses, and property owned by federal, state, or
local units of government, including parks, recreation areas, and public
golf courses. Turf does not mean pasture, hayland, hay, turf grown on
turf farms, or any other form of agricultural production.

Subd. 2. Phosphorus use restrictions. (a) A person may not apply a
fertilizer containing the plant nutrient phosphorus to turf in a
metropolitan county, except under conditions listed in paragraph (d).

(b) A person may not apply granular fertilizer containing greater than
three percent phosphate (P205) by weight, or liquid fertilizer at a rate
greater than 0.3 pound phosphate (P205) per 1,000 square feet, to turf
in a county other than a metropolitan county, except under conditions
listed in paragraph (d).

(c) A local unit of government in a county other than a metropolitan
county may adopt paragraph (a) in place of paragraph (b). The local unit
of government must notify the commissioner of the adoption of paragraph
(a) within 30 days of its adoption. The commissioner shall maintain a
list of local units of government in counties other than a metropolitan
county that have adopted paragraph (a).

(d) Paragraphs (a) and (b) do not apply when:

(1) a tissue, soil, or other test by a laboratory or method approved by
the commissioner and performed within the last three years indicates
that the level of available phosphorus in the soil is insufficient to
support healthy turf growth;

(2) the property owner or an agent of the property owner is first
establishing turf via seed or sod procedures, and only during the first
growing season; or

(3) the fertilizer containing the plant food phosphorus is used on a
golf course under the direction of a person licensed, certified, or
approved by an organization with an ongoing training program approved by
the commissioner.

(e) Applications of phosphorous fertilizer authorized under paragraph
(d), clause (1) or (2), must not exceed rates recommended by the
University of Minnesota and approved by the commissioner.

Subd. 3. Consumer information. The commissioner, in consultation with
the University of Minnesota extension service, fertilizer industry
representatives, lakes groups, and other interested or affected parties,
must produce consumer information on use restrictions and recommended
best practices for lawn fertilizer containing phosphorus, and on best
management practices for other residential sources of phosphorus in the
urban landscape. The information must be in a format and of a content
suitable for posting and distribution at retail points of sale of
fertilizer that contains phosphorus and is for use on turf.

Subd. 4. Research evaluation; report. The commissioner, in cooperation
with the University of Minnesota and the University of Minnesota
extension service, and, after consultation with representatives of the
fertilizer industry, lakes groups, and other interested or affected
parties, shall evaluate research needs and encourage targeted research
opportunities to investigate the effects of phosphorous fertilization of
turf on urban stormwater quality. The commissioner must evaluate the
effectiveness of the restrictions on phosphorous fertilizers under this
section and report to the legislature by January 15, 2007.

HIST: 2002 c 345 s 4

* NOTE: This section, as added by Laws 2002, chapter 345, *section 4,
is effective January 1, 2004. Laws 2002, chapter *345, section 7.

Copyright 2003 by the Office of Revisor of Statutes, State of
Minnesota.

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