HomeMy WebLinkAboutCity Council Packet 04-09-2002 SpecialAgenda
City of Plymouth
Special City Council Meeting
Tuesday, April 9, 2002
5:30 p.m.
Public Safety Training Room
1. Call to Order
2. Discuss regulation of phosphorus in Plymouth
3. Discuss redistricting
4. Schedule future study sessions
5. Adjourn
N
DATE: April 4, 2002
TO: Mayor and City Council
FROM: Dwight D. Johnson, City Manager
SUBJECT: Ordinance regulating sale of phosphorous fertilizer
Action Requested: Review the attached information and direct staff on the preparation
and content of an ordinance relating to the sale of phosphorous fertilizer in Plymouth.
The Council can choose to either adopt an ordinance identical to Shorewood's ordinance
attached) or create a Plymouth ordinance with provisions as outlined in this report.
Background. In 1995, the Council approved an ordinance requiring commercial
fertilizer applicators to use only non -phosphorous fertilizers in Plymouth. In 1999,
another ordinance was approved which generally required that only non -phosphorous
fertilizers can be used anywhere in Plymouth. Exceptions were provided in the ordinance
for new sod or for soils where tests showed phosphorous is needed.
State legislation is now pending which would pre-empt cities from adopting controls on
the sale of phosphorous fertilizers after this summer. Council member Ginny Black has
asked that the council address the issue of adopting an ordinance regulating the sale of
phosphorous fertilizers in Plymouth before the proposed deadline. She provided a copy
of Shorewood's ordinance for our review. Minneapolis has approved a very similar
ordinance
Discussion. Attached to this report is the ordinance adopted by the City of Shorewood
limiting sales of phosphorous fertilizers. Subdivision 4 of Section 310.04 in the
Shorewood ordinance provides that fertilizer displays in stores must have no more than
10% of their display be phosphorous fertilizer. The displays must also be clearly marked,
and phosphorous fertilizers must be displayed at least eight feet away from the other
fertilizers. Finally, the each buyer in Shorewood must be provided with the relevant
chapter of the City code on fertilizer.
The City Attorney has reviewed the Shorewood ordinance. When discussion of a total
ban on the sale of phosphorous fertilizer occurred in 1995, the City Attorney had some
legal concerns that a complete ban might be an unconstitutional interference with the free
flow of interstate commerce. However, the Shorewood ordinance is not a ban on the sale
of phosphorous fertilizer. There is an argument that the State Agriculture Department has
pre-emptive authority, but the City Attorney believes that a good argument can also be
made that cities are not pre-empted. Therefore, the City Attorney does not have any
major concerns with adopting an ordinance similar to the Shorewood ordinance.
The Council can choose to adopt an ordinance identical to the Shorewood ordinance or
adopt a similar ordinance with some modifications. Adoption of the Shorewood
ordinance would provide some uniformity of provisions with Shorewood and
Minneapolis.
If the Council would wish to consider a modified ordinance, staff has several suggestions
we believe would improve the Shorewood ordinance for Plymouth. We would propose
that separate displays of phosphorous and non -phosphorous fertilizers be required and
that they be clearly marked, be we see relatively little purpose in a required eight foot
separation or the requirement of a 10:1 ratio in the display of non -phosphorous to
phosphorous fertilizers. These provisions seem difficult to monitor and enforce with
little or no real benefit. We do like the provision that the stores be required to inform the
public about our phosphorous fertilizer applications, but a standard sign might be more
useful that the Shorewood requirement that the whole ordinance be distributed.
The Council should also consider whether or not it wants to initiate a meeting or other
special public process with stores selling fertilizer. Finally, the council should consider
the effective date of any ordinance. We need to pick a date that will fall within the
parameters of the final state legislation, but that also does not unduly disrupt the local
businesses who are now displaying fertilizer for this season.
Recommendation: Staff would propose either:
Option A: Adopting the Shorewood ordinance as written, or
Option B: developing a similar ordinance that would generally restrict the sale of
phosphorous fertilizers as follows:
Require phosphorous free fertilizer to be sold wherever phosphorous fertilizer is sold
Require separate displays
Require that the displays be well -marked
Require that the displays of phosphorous free fertilizer be of equal or greater size and
prominence.
Require a sign or summary brochure to be handed out on Plymouth's regulations with
the sale of any phosphorous fertilizer
Council should further direct staff on any public process procedure and the desired
effective date of the ordinance.
ENVIRONMENTAL ASSIST Fax:651-215-0246 Mar 28 '02 15:09 P.02
CITY OF SHOREWOOD
ORDINANCE NO. 366
AN ORDINANCE AMENDING TITLE 300 OF THE SHOREWOOD CITY
CODE, ESTABLISHING REGULATIONS FOR LAWN FERTILIZER
APPLICATION
Section 1. Title 300 of the Shorewood City Code is hereby amended to include:
CHAPTER 310
LAWN FERTILIZER APPLICATION CONTROL
310.01. PURPOSE: The City has considered expert testimony and has reviewed
existing data to determine the current and projected water quality of
various lakes within its community, The data indicates that lake water quality may be
maintained and improved if the City is able to regulate the amount of lawn fertilizer and
other chemicals entering the lakes as a result of storm water runoff or other causes. The
purpose of this Chapter is to establish regulations that will aid the City in managing and
protecting its water resources that are enjoyed by its residents and other users.
31.0.02. DEFINITIONS: For the purpose of this section, certain terms and words
are defined as follows:
Subd. I. COMMERCIAL APPLICATOR: A person who is engaged in the business of
applying fertilizer for hire.
FERTII MR: 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: A person who applies fertilizer during the
course of employment, but who is not a commercial lawn fertilizer applicator.
PESTICIDE: A substance or nuxture of substances intended to prevent, destroy,
repel, or mitigate a pest, and a substance or mixture of substances intended for use
as a plant regulator, defoliant or desiccant.
310.03 REGULATIONS FOR COMMERCIAL LAWN FERTILIZER
APPLICATORS:
Subd- 1. 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 Administrator or a designee as provided herein.
ENVIRONMENTAL ASSIST Fax:651-215-0246 Mar 28 '02 15:09 P.03
Subd. 2. License Application Procedure. Applicants for a commercial Iawn fertilizer
applicator license shall be submitted to the City Manager or a designee. The application
shall consist of the following:
a. Application Form. Application forms shall be provided by the City and shall
include the following instructions:
1) Name, address and telephone number of applicant and any
individuals authorized to represent the applicant.
2) Description of lawn fertilizer formula proposed to be applied on
lawns within the City.
3) A time schedule for application of lawn fertilizer and identification
of weather conditions acceptable for lawn fertilizer application.
b. 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.
c. Minnesota State Licenses. A copy of all licenses required of the applicant by
the State of Minnesota regarding the application of pesticides and fertilizers.
d. License Fee. The license fee as established in Chapter 13 of the Shorewood
City Code. The license shall expire on the 31st day of December. The license fee
shall not be prorated.
Subd_ 3. Conditions of License. Commercial lawn fertilizer applicator licenses shall be
issued subject to the following conditions that shall be specified on the licenseform:
a. Random Sampling. 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.
b. 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.
c. Possession of Product Material Safety Data Sheet. A copy of the 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 slaking
lawn fertilizer applications within the City.
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ENVIRONMENTAL ASSIST Fax:651-215-0246 Mar 28 '02 15:10 F.04
d. State Regulations. 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. The
licensee shall also comply with the provisions of the Pesticide Control as
contained in the Minnesota Statutes Chapter 188.
310.04 GENERAL REGULATIONS.
Subd. 1. Time of Application. Neither commercial applicators nor noncommercial
applicators may apply lawn fertilizer when the ground is frozen or when conditions exist
that will promote or create runoffs.
Subd. 2. 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.
Subd. 3. Fertilizer Content. No person, firm, corporation, franchise, or commercial or
noncommercial applicator, including homeowners or renters, shall apply any lawn
fertilizer, liquid or granular, within the City of Shorewood that contains any amount of
phosphorous or other compound containing phosphorous, such as .phosphate, except:
a. the naturally occurring phosphorous in unadulterated natural yr organic
fertilizing products such as yard waste compost;
b. or as otherwise provided in Section 310.05.
Subd. 4. Sale of Fertilizer Containing Phosphorous, Effective 1 January 2002, no
person, firm, corporation, franchise, or commercial establishment shall sell any lawn
fertilizer, liquid or granular, within the City of Shorewood that contains any amount of
phosphorous or other compound containing phosphorous, such as phosphate, except:
a. Effective 1 January 2002. small quantities of such fertilizer may be sold for
use as provided in Section 310.05. Displays of lawn fertilizer containing
phosphorous shall be limited to ten percent (10%) of the quantity of non -
phosphorous lawn fertilizer on display at any given time.
b. Effective 1 January 2001, displays of such fertilizer must be clearly marked as
containing phosphorous, and must be separated from the display of other
fertilizers by no less than eight (8) feet.
c. Effective 1 January 2001, for each sale of such fertilizer the seller shall
provide the buyer with a copy of this Chapter of the Shorewood City Code.
Subd. 5. Impervious Surfaces and Drainage Ways. No person shall apply fertilizer to
impervious surfaces, areas within drainage ditches, or waterways.
3
ENVIRONMENTAL ASSIST Fax:651-215-0246 Mar 28 '02 15:10 P.05
a
Subd. 6. Buffer Zone. Fertilizers and pesticides shall not be applied:
a. to any established natural buffer zones as outlined in Section 1102.06 Subd. Z.
of this Code.
b. below the Ordinary Nigh water Level of any lake as established by the
Minnesota Department of Natural Resources; or
c. within ten (10) feet of any wetland or water resource.
Subd. 7. Warning Signs for Pesticide Application. All commercial or noncommercial
lawn fertilizer applicators that apply pesticides to turf areas must post or affix warning
sips on the property where the pesticides are applied. The warning signs shall comply
with the following criteria and contain the following information:
a. The warning signs must project at least eighteen (18) inches above the top of
the grass line. The warning signs must be of a material that is rain resistant for at
least a forty-eight (48) hour period and must remain in place for at least forty-
eight (48) hours from the time of initial application.
b. The following information must be printed on the warning signs in contrasting
colors and capitalized letters measuring at least one-half inch (1/2"), or in another
format approved by the Minnesota Commissioner of Agriculture. The signs must
provide the following information:
1) The name of the business, entity, or person applying the pesticide;
and
2) The following language: "This area chemically treated. Keep
children and pets off until (date of safe entry)" or a universally
accepted symbol and text approved by the Minnesota
Commissioner of Agriculture as recognized as having the same
meaning or intent as specified in this subparagraph.. The warning
signs may include the name of the pesticide used.
c. The warning sign must be posted on a lawn or yard between two (2) feet and
five (5) feet from the sidewalk or street. For parks, golf courses, athletic fields,
playgrounds, or other similar recreational property, the warning signs must be
posted immediately adjacent to areas within the property where pesticides have
been applied and at or near the entrance to the property.
310.05. EXEMPTION TO PHOSBPOROUS REQUIREMENT. The
prohibition against use of fertilizer containing any quantity of phosphorous under Section
310.04 shall not apply to:
ENVIRONMENTAL ASSIST Fax:651-215-0246 Mar 28 '02 15:10 P.06
a. newly established or developed turf and lawn areas during first growing
season; or
b. 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 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 immobilized and generally protected
from loss by runoff.
Any person, firm corporation, franchise, or comrnercial or noncommercial
applicator, including a homeowner or renter, shall notify the City at least 24 hours
prior to applying lawn fertilizer containing phosphorous of the reason for using
fertilizer containing phosphorous and the amount of phosphorous contained in the
lawn fertilizer to be applied. 7 .
310.06- PENALTY. Any person violating this Chapter shall be guilty of a petty
misdemeanor. The. City may revoke a commercial applicator's license for repeat
violations of this Chapter."
Section 2. That this Ordinance shall be in full force and effect upon publishing in the
Official Newspaper of the City of Shorewood.
ADOPTED BY TIrEEE CITY COUNCIL OF THE CITY
this 2e day of July 2000.
ATTEST:
WOODY LOVE, MAYOR
J. b*CSEN, ACTING CITY AWENISTRATOR
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CHAPTER 55. LAWN FERT1L1Z,ER
55.10. Purpose. The city and the park board have conducted studies and have reviewed existing data
to determine the current and predicted water quality of various lakes within the city. Data indicates that
lake water quality may be maintained and improved if the city is able to regulate the amount of lawn
fertilizer and other chemicals entering the lakes and other surface water as a result of stormwater runoff
or other causes. The purpose of this ordinance is to define regulations that will aid the city in managing
and protecting its water resources. (2001 -Or -113, § 1, 9-28-01)
55.20. Definitions. For the purpose of this chapter, 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 (1) 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 specifically exempted by rule by the Minnesota Commissioner of Agriculture.
Noncommercial applicator is a person who applies fertilizer during the course of gainful employment, but
who is not a commercial lawn fertilizer applicator. (2001 -Or -113, § 1, 9-28-01)
55.30, Authority to administer. The authority to administer and enforce the provisions of this chapter
of the Minneapolis Code of Ordinances on behalf of the city is vested in the Minneapolis Watershed
Management Authority located in the environmental management section of the department of operations
and regulatory services. The Minneapolis Watershed Management Authority, hereafter referred to as the
authority," shall have full authority to administer this chapter in addition to all authority given to it pursuant
to section 48.70 and other sections of this Code. (2001 -Or -113, § 1, 9-28-01)
55.40. Regulations for commercial lawn fertilizer applicators. (a) License required. No person shall
engage in the business of commercial lawn fertilizer applicator within the city unless a license has first
been obtained from the authority as provided herein.
b) License application procedure. Applications for a commercial lawn fertilizer applicator license shall
be submitted to the authority. The application shall consist of the following:
1) Application form. Application forms shall be provided by the authority on a form prepared by
the authority from time to time_ Applicants shall completely fill out such form.
2) Product material safety data sheet. A copy of the product material safety data sheet,
including product chemical analysis for the intended lawn fertilizer, shall be submitted to the city
along with the application form and, thereafter, at least seven (7) days before any 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 fertilizers.
4) The license fee as established in this code or by separate resolution of the city council. The
license shall expire on December 31 each year. The license fee shall not be prorated.
c) Conditions of license. Commercial lawn fertilizer applicator licenses shall be issued subject to the
following conditions that shall be specified on the license form:
1) Random sampling. 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.
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2) 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.
3) Possession of product material safety data sheet. A copy of the product material safety
data sheet for the lawn fertilizer being 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 regulations. Licensee shall comply with the provisions of the Minnesota fertilizer and
soil conditioner laws contained in Minnesota Statutes, Chapter 18C and amendments to or
revisions thereof and all other law_ (2001 -Or -113, § 1, 9-28-01)
55.50. General regulations on fertilizer application. (a) When to apply fertilizer. Commercial
applicators and noncommercial applicators shall not apply lawn fertilizerwhen the ground is frozen or
when conditions exist which can be reasonably anticipated to promote or create runoff_
b) Cost of sample analysis. The cost of analyzing fertilizer samples taken from commercial
applicators shall be paid by the commercial applicators if the sample analysis shows that phosphorus
content exceeds the levels authorized by this chapter.
c) Fertilizer content. No person or commercial or noncommercial applicator, including homeowners
or renters, shall apply any lawn fertilizer, liquid or granular, within the City of Minneapolis which contains
any amount of phosphorus or compound containing phosphorus, such as phosphate, except:
1) The naturally occurring phosphorus in unadulterated natural or organic fertilizing products
such as yard waste compost; or
2) As otherwise provided in section 55.60_
d) Impervious surfaces end drainage ways. No person shall apply fertilizer to impervious surfaces,
areas within drainage ditches, or waterways.
e) Buffer zone. Fertilizers shall not be applied:
1) Below the ordinary high water level of a lake as established by the Minnesota Department
of Natural Resources; or
2) Within ten (10) feet of any wetland as defined in section 52.30 of this Code, or within ten
10) feet of protected waters as defined in section 551.460 of this Code. (2001 -Or -113, § 1, 9-28-
01)
55.60. Exemption and notice requirement. The prohibition against use of fertilizer containing any
quantity of phosphorus under section 55.50 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 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 or the appropriate application rate
recommended in the soil test evaluation_
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Phosphorus applied as lawn fertilizer pursuant to the aforementioned exemption shall be watered into
the soil so that it is immobilized and generally protected from loss by runoff.
Any person or commercial or noncommercial applicator, including a homeowner or renter, shall notify the
authority at least twenty-four (24) hours prior to applying lawn fertilizer containing phosphorus. Such
notice shall be in writing and shall contain the reason for using the fertilizer containing phosphorus and
the amount of phosphorus contained in the lawn fertilizer to be applied. (2001 -Or -113, § 1, 9-28-01)
55.70. Sale of fertilizer containing phosphorus. Effective January 1, 2002, no person, firm,
corporation, franchise, or commercial establishment shall sell any lawn fertilizer, liquid or granular, within
the city of Minneapolis that contains any amount of phosphorus or other compound containing
phosphorus, such as phosphates, except:
1) Effective January 1, 2002, small quantities of such fertilizer may be sold for use as
provided in section 55.60. Displays of lawn fertilizers containing phosphorus shall be limited to
ten (10) percent of the quantity of non -phosphorus lawn fertilizer on display at any given time.
2) Effective January 1, 2002, displays of such fertilizer must be clearly marked as containing
phosphorus and must be separated from the display of other fertilizers by no less than eight (8)
feet.
3) Effective January 1, 2002, for each sale of such fertilizer, the seller shall, at the time of the
sale, provide the buyer with a copy of this chapter of the Minneapolis Code of Ordinances, or a
summary prepared by Minneapolis regulatory services. (2001 -Or -113, § 1, 9-28-01)
55.80. Conflict. In the event that the provisions of this chapter shall conflict with any Minnesota statute
or any federal statute, the Minnesota statute or federal statute shall govern to the extent of any direct
conflict. In the event that any conduct prohibited by this chapter is affirmatively and specifically authorized
by a valid permit issued by a duly authorized official of the State of Minnesota or a duly authorized official
of the United States of America, then the affirmative and specific authority granted in such permit shall
govern to the extent of any direct conflict with this chapter. (2001 -Or -113, § 1, 9-28-01)
55.90. Violations. Any person who violates any provision of this chapter shall be guilty of an ordinance
violation and be subject to a fine of up to three hundred dollars ($300.00) and punishment for failure to
pay the fine as provided in section 1.40 of this Code. Any holder of a commercial applicator license, in
addition to the fine, may have his or her applicator license revoked for repeat violations of this chapter.
2001 -Or -113, § 1, 9-28-01)
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H.F No. 1524, 2nd Engrossment
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Authors and Status List versions
HX No. 1524, 2nd Engrossment: 82nd Legislative Session (2001-2002) Posted on Mar 1, 2002
1.1 A bill for an act
1.2 relating to agriculture; regulating certain uses of
1.3 fertilizers containing phosphorus; imposing a penalty;
1.4 limiting amounts of certain plant nutrients; amending
1.5 Minnesota Statutes 2000, sections 18C.005, by adding a
1.6 subdivision; 18C.211, subdivision 2; proposing coding
1.7 for new law in Minnesota Statutes, chapter 18C.
1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2000, section 18C.005, is
1.10 amended by adding a subdivision to read:
1.11 Subd. 18a. [LOCAL UNIT OF GOVERNMENT.] "Local unit of
1.12 government" has the meaning given in section 18B.01, subdivision
1.13 14a.
1.14 Sec. 2. [18C.110] [PREEMPTION OF OTHER LAW.]
1.15 Except as otherwise specifically provided in this chapter,
1.16 this chapter preempts a local ordinance that prohibits or
1.17 regulates the registration, la_belinq, distribution, sale,
1.18 handling, use, application, or disposal of turf fertilizer
1.19 containing phosphorus. This section does not preempt local
1.20 authority or responsibility for zoning, fire codes, or hazardous
1.21 waste disposal. This section does not prohibit a local
1.22 ordinance that restricts the sale of turf phosphorus fertilizer
1.23 that was in effect on August 1, 2002.
1.24 Sec. 3. Minnesota Statutes 2000, section 18C.211,
1.25 subdivision 2, is amended to read:
1.26 Subd. 2. [GUARANTEES OF THE NUTRIENTS.] (a) A person may
2.1 guarantee plant nutrients other than nitrogen, phosphorus, and
2.2 potassium only if allowed or required by commissioner's rule.
2.3 (b) The guarantees for the plant nutrients must be
2.4 expressed in the elemental form.
2.5 (c) The sources of other elements, oxides, salt, and
2.6 chelates, may be required to be stated on the application for
2.7 registration and may be included as a parenthetical statement on
2.8 the label. Other beneficial substances or compounds,
2.9 determinable by laboratory methods, also may be guaranteed by
2.10 permission of the commissioner and with the advice of the
2.11 director of the agricultural experiment station.
2.12 (d) If plant nutrients or other substances or compounds are
2.13 guaranteed, the plant nutrients are subject to inspection and
2.14 analyses in accord with the methods and rules prescribed by the
2.15 commissioner.
2.16 (e) The commissioner may, by rule, require the potential
2.17 basicity or acidity expressed in terms of calcium carbonate
2.18 equivalent in multiples of 100 pounds per ton.
2.19 (f) The plant nutrients in a specialty fertilizer must not
http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?number=HF1524&session=ls82&version=latest&sessio 4/5/02
HY No. 1524, 2nd Engrossment
2.20 be below or exceed the guaranteed analysis_bv more than the
2.21 investigational allowances established by rule.
2.22 Sec. 4. [18C.60] [PHOSPHORUS TURF FERTILIZER USE
2.23 RESTRICTIONS.]
2.24 Subdivision 1. [DEFINITIONS.] (a) The definitions in this
2.25 subdivision apply to this section.
2.26 (b) "Metropolitan county" means any one of the following
2.27 counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or
2.28 Washington.
2.29 (c) "Turf" means noncrop land planted in closely mowed,
2.30 managed grasses including, but not limited to, residential and
2.31 commercial residential property, private golf courses, and
2.32 property owned by federal, state, or local units of government,
2.33 including parks, recreation areas, and public golf courses.
2.34 Turf does not mean pasture, hayland, hay, turf grown on turf
2.35 farms, or any other form of agricultural production.
2.36 Subd. 2. [PHOSPHORUS USE RESTRICTIONS.] (a) A person may
3.1 not apply a fertilizer containing the plant nutrient phosphorus
3.2 to turf in a metropolitan county, except under conditions listed
3.3 in paragraph (d).
3.4 (b) A person may not apply granular fertilizer containing
3.5 greater than three percent phosphate (P205) by weight, or liquid
3.6 fertilizer at a rate greater than 0.3 pounds phosphate (P205)
3.7 per 1,000 square feet, to turf in counties other than a
3.8 metropolitan county, except under conditions listed in paragraph
3.9 (d).
3.10 (c) A local unit of government in a county other than a
3.11 metropolitan county may adopt paragraph (a) in place of
3.12ap ragraph (b). The local unit of government must notify the
3.13 commissioner of the adoption of paragraph (a) within 30 days of
3.14 its adoption. The commissioner shall maintain a list of local
3.15 units of government in counties other than metropolitan counties
3.16 that have adopted paragraph (a).
3.17 (d) Paragraphs (a) and (b) do not apply when:
3.18 (1) a tissue, soil, or other test by a laboratory or method
3.19 approved by the commissioner and performed within the last three
3.20 years indicates that the levels of available phosphorous in the
3.21 soil are insufficient to support healthy turf growth;
3.22 (2) the property owner or an agent of the property owner is
3.23 first establishing turf via seed or sod procedures, and only
3.24 during the first growing season; or
3.25 (3) the fertilizer containing the plant food phosphorus is
3.26 used on a golf course under the direction of a person licensed,
3.27 certified, or approved by an organization with an ongoing
3.28 training program approved by the commissioner.
3.29 (e) Applications of phosphorus fertilizer authorized under
3.30 paragraph (d), clause (1) or (2), must not exceed rates
3.31 currently recommended by the University of Minnesota and
3.32 approved by the commissioner.
3.33 Subd. 3. [CONSUMER INFORMATION.] The commissioner, in
3.34 consultation with the University of Minnesota extension service_,_
3.35 fertilizer industry representatives, lakes groups, and other
3.36 interested or affected parties, must produce consumer
4.1 information in a format and of a content suitable for posting
4.2 and distribution at retail points of sale of fertilizer that
4.3 contains phosphorus and is for use on turf.
4.4 Subd. 4. [RESEARCH EVALUATION; REPORT.] The commissioner,
4.5 in cooperation with the University of Minnesota and the
4.6 University of Minnesota extension service_,_ and, after
4.7 consultation with representatives of the fertilizer industry,
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4.8 lakes groups, and other interested or affected parties, shall
4.9 evaluate research needs and encourage targeted research
4.10 opportunities to investigate the effects of phosphorus
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HY No. 1524, 2nd Engrossment Page 3 of 3
4.11 fertilization of turf on urban stormwater quality. The
4.12 commissioner must evaluate the effectiveness of the restrictions
4.13 on phosphorus fertilizers under_ this -section and report to the
4.14 legislature by January 1, 2007.
4.15 Subd. 5. [ENFORCEMENT.] This section is -enforced by the
4.16 commissioner under chapter 18D or by local units of government
4.17 under their existing authority. Violation of this section is a
4.18 petty misdemeanor.
4.19 Sec. 5. [18C.61] [FERTILIZER APPLICATION TO AN IMPERVIOUS
4.20 SURFACE; PROHIBITION.]
4.21 (a) A person may not apply a fertilizer to an impervious
4.22 surface. Fertilizer released on an impervious surface must be
4.23 immediately contained and either legally applied to turf or any
4.24 other legal site, or returned to the original or other
4.25 appropriate container.
4.26 (b) For the purposes of this section, "impervious surface"
4.27 means a highway, street, sidewalk, parking lot, driveway, or
4.28 other material that prevents infiltration of water into the soil.
4.29 Sec. 6. [EFFECTIVE DATE.]
4.30 Section 4 is effective January 1, 2004.
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SY No. 1555, 3rd Engrossment
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S.F No. 1555, 3rd Engrossment: 82nd Legislative Session (2001-2002) Posted on Mar 7, 2002
1.1 A bill for an act
1.2 relating to agriculture; providing a preemption of
1.3 local regulation of fertilizers and plant foods used
1.4 in agricultural production; regulating the use on turf
1.5 of certain fertilizers containing phosphorus;
1.6 providing for enforcement; prohibiting fertilizer
1.7 applications to an impervious surface; amending
1.8 Minnesota Statutes 2000, sections 18C.005, by adding a
1.9 subdivision; 18C.211, subdivision 2; proposing coding
1.10 for new law in Minnesota Statutes, chapter 18C.
1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2000, section 18C.005, is
1.13 amended by adding a subdivision to read:
1.14 Subd. 18a. [LOCAL UNIT OF GOVERNMENT.] "Local unit of
1.15 government" has the meaning given in section 18B.01, subdivision
1.16 14a.
1.17 Sec. 2. [18C.110] [PREEMPTION OF LOCAL LAW; AGRICULTURAL
1.18 USE FERTILIZERS.]
1.19 Except as specifically provided in this chapter, a local
1.20 unit of government may not adopt any ordinance, regulate, or in
1.21 any way restrict the distribution, sale, handlin , use, or
1.22 implication of fertilizers and ferti]_izer products that are
1.23 applied or will be applied to land used for growing crops or any
1.24 other agricultural use. It is not the intent of this section to
1.25 preempt local responsibilities for zoning, fire codes, or
1.26 hazardous waste disposal.
1.27 Sec. 3. Minnesota Statutes 2000, section 18C.211,
1.28 subdivision 2, is amended to read:
2.1 Subd. 2. [GUARANTEES OF THE NUTRIENTS.] (a) A person may
2.2 guarantee plant nutrients other than nitrogen, phosphorus, and
2.3 potassium only if allowed or required by commissioner's rule.
2.4 (b) The guarantees for the plant nutrients must be
2.5 expressed in the elemental form.
2.6 (c) The sources of other elements, oxides, salt, and
2.7 chelates, may be required to be stated on the application for
2.8 registration and may be included as a parenthetical statement on
2.9 the label. Other beneficial substances or compounds,
2.10 determinable by laboratory methods, also may be guaranteed by
2.11 permission of the commissioner and with the advice of the
2.12 director of the agricultural experiment station.
2.13 (d) If plant nutrients or other substances or compounds are
2.14 guaranteed, the plant nutrients are subject to inspection and
2.15 analyses in accord with the methods and rules prescribed by the
2.16 commissioner.
2.17 (e) The commissioner may, by rule, require the potential
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ST No. 1555, 3rd Engrossment Page 2 of 3
2.18 basicity or acidity expressed in terms of calcium carbonate
2.19 equivalent in multiples of 100 pounds per ton.
2.20 (f) The -plant nutrients in a specialty fertilizer must not
2.21 be below or exceed the guaranteed analysis by more than the
2.22 investigational allowances established by rule.
2.23 Sec. 4. [18C.60] [PHOSPHORUS TURF FERTILIZER USE
2.24 RESTRICTIONS.]
2.25 Subdivision 1. [DEFINITIONS.] (a) The definitions in this
2.26 subdivision apply to this section.
2.27 (b) "Metropolitan county" means any one of the following
2.28 counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or
2.29 Washington.
2.30 (c) "Turf" means noncrop land planted in closely mowed,
2.31 managed grasses including, but not limited to, residential and
2.32 commercial residential property, private golf courses, and
2.33 property owned by federal, state, or local units of government,
2.34 including parks, recreation areas, and public golf courses.
2.35 Turf does not mean pasture, hayland, hay, turf grown on turf
2.36 farms, or any other form of agricultural production.
3.1 Subd. 2. [PHOSPHORUS USE RESTRICTIONS.] (a) A person may
3.2 not apply a fertilizer containing the plant nutrient phosphorus
3.3 to turf in a metropolitan county, except under conditions listed
3.4 in paragraph (d).
3.5 (b) A person may not apply granular fertilizer containing
3.6 greater than three percent phosphate (2205) by weight, or liquid
3.7 fertilizer at a rate greater than 0.3 pounds phosphate (2205)
3.8 per 1,000 square feet, to turf in counties other than a_
3.9 metropolitan county, except under conditions listed in paragraph
3.10 (d) .
3.11 (c) A local unit of government in counties other than a
3.12 metropolitan county may adopt paragraph(a) in place of
3.13 paragraph (b). The local unit of government must notify the
3.14 commissioner of the adoption of paragraph (a) within 30 days of
3.15 its adoption. The commissioner shall maintain a list of local
3.16 units of government in counties -other than a metropolitan county
3.17 that have adopted paragraph (a).
3.18 (d) Paragraphs (a) and (b) do not apply when:
3.19 (1) a tissue, soil, or other test by a laboratory or method
3.20 approved by the commissioner and performed within the last three
3.21 years indicates that the levels of available phosphorous in the
3.22 soil is insufficient to support healthy turf growth;
3.23 (2) the property owner or an agent of the property owner is
3.24 first establishing turf via seed or sod procedures, and only
3.25 during the first growing season; or
3.26 (3) the fertilizer containing the plant food phosphorus is
3.27 used on a golf course under the direction of a person licensed,
3.28 certified, or approved by an organization with an ongoing
3.29 training program approved by the commissioner.
3.30 (e) Applications of phosphorus fertilizer authorized under
3.31 paragraph (d), clause (1) or (2), must not exceed rates
3.32 currently recommended by the University of Minnesota and
3.33 approved by the commissioner.
3.34 Subd. 3. [CONSUMER INFORMATION.] The commissioner, in
3.35 consultation with the University of Minnesota extension service,
3.36 fertilizer industry representatives,_lakes groups, and other
4.1 interested or affected aprties, must produce consumer
4.2 information in a format and of a content suitable forpostinq
4.3 and distribution at retail points of sale of fertilizer that
4.4 contains phosphorus and is for use on turf.
4.5 Subd. 4. [RESEARCH EVALUATION.] The commissioner, in
4.6 cooperation with the University_of Minnesota and the University
4.7 of Minnesota extension service, and, after consultation with
4.8 representatives of the fertilizer industry, lakes groups, and
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ST No. 1555, 3rd Engrossment
4.9 other interested or affected parties shall evaluate research
4.10 needs and encourage targeted research opportunities to
4.11 investigate the effects of phosphorus fertilization of turf on
4.12 urban storm_water quality.
4.13 Subd. 5. [ENFORCEMENT.] This section and section 18C.61
4.14 are enforced by the commissioner under chapter 18D or by local
4.15 units ofqov_ernment under their existing authority. A violation
4.16 of this section or section 18C.61 is a petty misdemeanor.
4.17 Sec. 5. [18C.61] [FERTILIZER APPLICATION TO AN IMPERVIOUS
4.18 SURFACE; PROHIBITION.]
4.19 (a) A person may not apply a_ fertilizer to an impervious
4.20 surface. Fertilizer released on an impervious surface must be
4.21 immediately contained and either legally applied to turf or any
4.22 other legal site, or returned to the original or other
4.23opriate container.
4.24 (b) For the purposes of this section "impervious surface"
4.25 means a highway, street, sidewalk, parking lot, driveway, or
4.26 other material that prevents infiltration of water into the soil.
4.27 (c) This section shall be enforced as provided in section
4.28 18C.60, subdivision 5.
4.29 Sec. 6. [EFFECTIVE DATE.]
4.30 Sections 4 and 5 are effective on January 1, 2004.
Page 3 of 3
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Agenda Number:
TO: Dwight D. Johnson, City Manager
FROM: Laurie Ahrens, Assistant City Manager
SUBJECT: Redistricting Plan
DATE: April 3, 2002, for City Council meeting of April 9, 2002
1. ACTION REQUESTED: Review the proposed ward plans and direct staff on changes
desired. Staff will prepare an ordinance for consideration at the April 23 regular meeting.
The Council has until April 30 to establish the ward and precinct boundaries.
2. DISCUSSION:
Ward Boundaries. The City Council reviewed proposed plans for new ward boundaries at
the March 26 study session. The Council expressed general satisfaction with Plan 14.
Councilmember Johnson suggested that the plan be amended to reduce the number of
individuals in Ward 1, since this area will have the greatest growth in coming years.
Councilmember Slavik requested that efforts be made to adjust the boundary near Dunkirk
Lane/32nd Avenue so that a homeowner association would not be split between wards 1 and
2. The following plans are attached:
Plan 14 -- This is the version that the Council generally favored at the March 26 study
session. This plan minimizes the change for residents and maintains the quadrant -nature of
the ward system in the City. It meets the state law and city charter requirements, retains
current councilmembers in their wards, and leaves viable precinct areas when considering
legislative and ward lines. It has a fairly even distribution of population among the four
wards.
Plan 15 — Plan 14 is amended to move the boundary between Wards 1 and 2 near Dunkirk
Lane/32nd Avenue westerly to County Road 101, in order not to split a homeowner
association. To accommodate this change, the I-494 boundary between Wards 2 and 3 is
moved to the west, and a minor adjustment has been made to the boundary between Wards 1
and 3, north of Highway 55. However, this plan does not achieve the goal of decreasing the
size of Ward 1.
Plan 16 — Plan 14 has been amended to move the boundary between Wards 1 and 2 near
Dunkirk Lane/32rd Avenue slightly westerly. This will keep most of the homeowner
association near that intersection within Ward 2. The boundary between Wards 2 and 3 has
been moved westerly. This plan meets the objective of reducing the size of Ward 1, with
perhaps a minor improvement near Dunkirk Lane/32nd Avenue.
Plan 17 — Plan 14 has been amended to move the boundary between Wards 1 and 2 northerly
to follow Medina Road, rather than County Road 24. To accommodate for this shift in
population, the residential areas north and south of Parkers Lake would be in Ward 3;
however, the lake, homes immediately surrounding it, and homes to the west would be in
Ward 2. This plan does achieve the goal of decreasing the size of Ward 1.
Precincts. We are also developing precinct plans. A precinct line cannot cross a legislative
or ward boundary. It appears that we will propose establishment of 24 or 25 precincts, which
is an increase of one or two from our current number of precincts.
Polling Places. All of our existing polling locations have been reviewed, and possible new
locations have been contacted and confirmed for use. The following locations would perhaps
no longer be used: Apostolic Lutheran Church, Plymouth Ice Center, Fire Station III, West
Lutheran High School. The proposed locations are:
Wayzata Senior High School
Plymouth Community Library
Glory of Christ Lutheran Church
Peace Lutheran Church
Oakwood Elementary School
Messiah Methodist Church
St. Phillips Lutheran Church
Parkers Lake Baptist Church
Wayzata Central Middle School
Plymouth Creek Center — (2 precincts)
St. Barnabus Lutheran Church
Providence Academy
Christ Memorial Church
Vision of Glory Lutheran Church
Minneapolis Laestadian Lutheran Church
Fire Station No. 2
Pilgrim United Methodist Church
Beautiful Savior Lutheran Church — (2 precincts)
Wayzata East Middle School
Armstrong High School
Pilgrim Lane Elementary School
Zachary Lane Elementary School
5. BUDGET IMPACT: There are minor costs involved when precincts are added, i.e.
equipment maintenance, polling place custodial/rental fees. However, the voting equipment
is purchased by Hennepin County, and there would be no significant impact on the City
budget. The 2002 budget anticipated a slight increase in the number of precincts.
6. RECOMMENDATION: Review the proposed ward plans and provide direction to staff for
preparation of an ordinance for consideration at the April 23 Council meeting.
Proposed Wards
Proposed Wards
Proposed Wards i
Agenda Number:
TO: Dwight D. Johnson, City Manager
FROM: Laurie Ahrens, Assistant City Manager
SUBJECT: Set Future Study Sessions
DATE: April 4, 2002, for Council study session of April 9, 2002
1. ACTION REQUESTED: Review the pending study session topics list and, if desired,
establish future special meetings or amend the topics list. Calendars are attached to assist in
scheduling.
Pending Study Session Topics
at least 3 Council members have approved the following study items on the list)
Traffic Calming Program (Slavik, Tierney, Johnson)
Consider Creating a Downtown Council (Johnson, Stein, Black)
OFFICIAL CITY MEETINGS
April 2002
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6
7:00 PM WARD 7:00 PM 7:00 PM HUMAN 9:00 AM YARD
2 MEETING, PLANNING RIGHTS GARDEN
Plymouth Creek COMMISSION, COMMISSION - EXPO, Plymouth
Center Council Chambers Council Chambers Creek Center
7 8 9 10 11 12 13
DAYLIGHT
SAVINGS
7:00 PM YOUTH
ADVISORY
5:30 PM SPECIAL
COUNCIL MEETING -
DISCUSS
7:00 PM EQC,
Bass Lake Room
7:00 PM PRAC,
Council Chambers
5:00 PM THRU
APRIL 16 -
COMMENCES - COUNCIL,Council REGULATION OF
PHOSPHORUS; 7:00 PM WAYZATA
PLYMOUTH FINE
ARTS COUNCILsetclocksahead1Chambers
REDISTRICTING, SCHOOL DISTRICT PRIMAVERAhourPublicSafetyTraining
Room
WIND TURBINE
MEETING, 4955 SHOW, Plymouth
Peony Lane Creek Center
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
14 15 16 17 18 19 20
e:00 PM SPECIALCOUNCIL
MEETING: DINNER WITH
HENNEPIN COUNTY
7:00 PM
PLANNING
7:OOPMHRA -
Medicine Lake Room
COMMISSIONERS, PY—th
Cn Caa. COMMISSION,
Council Chambers
7;00 PM PUBLIC
SAFETY ADVISORY
8:00 PM BOARD OF APPEAL A BOARD, Police Dept.
EOUALIZATION, CwnG
Ch—b— Library
SPECIAL COUNCIL MEETING
IMMEDIATELY FOLLOWING):
ACCESSORY BUILDING
ORDINANCE, C—A
Ch.m
21 22 23 24 25 26 27
7:00 PM YOUTH 730AMLOCALBUSINESS 8:30 AM HUMAN
ADVISORY
COUNCIL,Council
COUNCIL, RW Hd.1
S:JOPMSPECIAL COUNCIL
MEETING - CONDUCT
RIGHTS
COMMISSION
Chambers INTERVEWSOFYOUTH STUDENT
APPLICANTS; S1R-s.r.y WORKSHOP,
Plymouth Creek
7AID PM REGULAR COUNCIL
MEETING,C JlClvrtbss Center
7:00 PM PACT -
Bass Lake Room
Q28 29 30 Mar 2002 May 2002
11'00 AM CITY EMPLOYEE
RECOGNITION LUNCH, S M T W T F S S M T W T F S
GealPlpnoulhCreekni
1 2 1 2 3 4
7:00 PM BOARD OF APPEAL &
EOUAUZATON 3 4 5 6 7 8 9 5 6 7 8 9 10 11
RECO C'. 10 11 12 13 14 15 1610 12 13 14 15 16 17 18
SPECIAL COUNCIL MEETING 17 18 19 20 21 22 23 19 20 21 22 23 24 25IMMEDIATELYFOLLOWING):
DEPLETION OF C'3AQUIFERS& FUTURE WATER
TREATMENT; TASTE OF
24 25 26 27 28 29 30 26 27 28 29 30 31
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OFFICIAL CITY MEETINGS
May 2002
Sunday I Monday I Tuesday Wednesday Thursday Friday Saturday
Apr 2002 Jun 2002
S M T W T F S S M T W T F S7:00 PMPLANNING
7:00 PM HUMAN
RIGHTS
1 2 3 4 5 6 1 COMMISSION, COMMISSION -
7 S 9 10 11 12 13 2 3 4 5 6 7 S Council Chambers Council Chambers
14 15 16 17 18 19 20 9 10 11 12 13 14 15
21 22 23 24 25 26 27 16 17 18 19 20 21 22
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30
5 6 7 8 9 10 11
7:00 PM YOUTH 7:00 PM EQC, 7:00 PM PRAC, 10:30 AM - 4:00
ADVISORY Bass Lake Room Council Chambers PM
COUNCIL,Council PLYMOUTH
Chambers HISTORY
FEST, Parkers
Lake Park
12 13 14 15 16 17 18
5:00 PM YOUTH
ADVISORY
7:00 PM
REGULAR
7:00 PM
PLANNING
7:B0 PM HRA -
Medicine Lake Room
COUNCIL TOWN
FORUM, Plymouth
Creek Center
COUNCIL
MEETING, Council
Chambers
COMMISSION,
Council Chambers
Too PM PUBLIC
SAFETYADVI.ORY
BOARD, Police Dept.
Library
19 20 21 22 23 24 25
7:00 PM YOUTH
ADVISORY
7:00 PM PACT -
Bass Lake Room
7:00 PM SPECIAL
COUNCIL MEETING:
LAWFULCOUNCIL,Council GAMBLING;
Chambers VARIOUS TOPICS
WITH NW
PLYMOUTH
RESIDENTS, Council
Chambers
26 27 28 29 30 31
MEMORIAL DAY 7:30 AM LOCAL
Observed) - City
Offices Closed
BUSINESS
COUNCIL, Radisson
Hotel
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
modified on 4/4/2002
OFFICIAL CITY MEETINGS
May 2002
S M T W T F S
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1
9:00 AM - 3:30
PM, PLYMOUTH
CLEAN-UP DAY,
Public Works
Maintenence
Facility
2 3 4 5 6 7 8
7:00 PM YOUTH
ADVISORY
COUNCIL,Council
Chambers
7:00 PM
PLANNING
COMMISSION,
Council Chambers
7:00 PM HUMAN
RIGHTS
COMMISSION -
Council Chambers
9 10 11 12 13 14 15
7:00 PM
REGULAR
COUNCIL
MEETING, Council
Chambers
7:00 PM EOC,
Bass Lake Room
7:00 PM PRAC,
Council Chambers
Flag Day
16 17 18 19 20 21 22
7:00 PM YOUTH
ADVISORY
COUNCIL,Council
Chambers
7:00 PM
PLANNING
COMMISSION,
Council Chambers
7:00 PM HRA -
Medicine Lake Room
7:00 PM PUBLIC
SAFETYADVISORY
BOARD, Police Dept.
Library
LEAGUE OF MINNESOTA CITIES ANNUAL CONFERENCE, Rochester Civic Center
23 24 25 26 27 28 29
7:30 AM LOCAL
BUSINESS COUNCIL,PLYMOUTH
Radisson Hotei
7:00 PM PACT -
Bass Lake Room
9:15 AM MUSIC IN
5k
RUN
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
30
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OFFICIAL CITY MEETINGS
July 2002
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6
7:00 PM YOUTH
ADVISORY
COUNCIL,Council
Chambers
5:15 PM MUSIC
IN PLYMOUTH,
City Center
Amphitheater
7:00 PMINDEPENDENCE
PLANNING
COMMISSION,
Council Chambers
DAY - City
Offices Closed
7 8 9 10 11 12 13
7:00 PM
REGULAR
7:00 PM EQC,
Bass Lake Room
7:00 PM PRAC,
Council Chambers
COUNCIL
MEETING, Council
Chambers
14 15 16 17 18 19 20
7:00 PM YOUTH
ADVISORY
COUNCIL,Council
Chambers
7:00 PM
PLANNING
COMMISSION,
Council Chambers
iHRA-
Medicine LLake Room
7:00 PM PUBLIC
SAFETYADVISORY
BOARD, Police Dept.
Library
21 22 23 24 25 26 27
7:30 AM LOCAL
BUSINESS
COUNCIL, Radisson
Hotel
F 7:00 PM PACT -
Bass Lake Room
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
28 29 30 31 Jun 2002 Aug 2002
7:00 PM YOUTH
ADVISORY
COUNCIL,Council
Chambers
S M T W T F S
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