08-26-13 CC Reg Mtg AgendaP
C. B. A.
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, AUGUST 26, 2013 7:00 P.M.
AGENDA
Attachments
1. CONVENE CITY COUNCIL MEETING
A. Roll Call Mayor Zerby___
Hotvet ___
Siakel ___
Sundberg ___
Woodruff ___
B. Review Agenda
2. APPROVAL OF MINUTES
A. City Council Work Session Meeting Minutes, August 12, 2013 Minutes
B. City Council Regular Meeting Minutes, August 12, 2013 Minutes
3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt
Resolutions Therein:
NOTE: Give the public an opportunity to request an item be removed from the
Consent Agenda. Comments can be taken or questions asked following removal
from Consent Agenda
A. Approval of the Verified Claims List Claims List
B. Lease Agreement with Minnetonka School District for Election Equipment Clerk’s memo,
Resolution
C. Accept Final Improvements for Lift Stations 5 and 6 Rehabilitation, City Director of Public
Project 12-06 Works’ memo, Res.
D. Approval of the Excelsior Fire District 2014 Budget Finance Dir’s memo
4. MATTERS FROM THE FLOOR (No Council action will be taken)
A. Request by Alan Yelsey on Use of Herbicides and Chemicals in the City Yelsey memo
5. PUBLIC HEARING
6. REPORTS AND PRESENTATIONS
A. Report on Lake Minnetonka Conservation District activities by
Representative Mark Sylvester
B. Report on Lake Minnetonka Communications Commission activities by
Representative Joe Huber
CITY COUNCIL REGULAR MEETING AGENDA – AUGUST 26, 2013
Page 2 of 2
Attachments
7. PARKS
A. Report on August 13, 2013, Park Commission meeting Minutes
B. Report on August 20, 2013, Parks Summit meeting
8. PLANNING Minutes
A. C.U.P. for Accessory Space Over 1200 Sq. Ft. Planning Director’s
Applicant: Ben Duininck memo, Resolution
Location: 22490 Murray Street
B. C.U.P. for Automobile Detail Service Planning Director’s
Applicant: Lucky’s Gas Station memo, Resolution
Location: 24365 Smithtown Road
C. Site Plan Review Planning Director’s
Applicant: Robert Shaffer (Smith Residence) memo, Resolution
Location: 448 Lafayette Avenue
9. ENGINEERING/PUBLIC WORKS
10. GENERAL/NEW BUSINESS
A. Uniform Animal Ordinance Administrator’s
memo, Draft Ord.
B. Policy on Issuance of Revenue Bonds to Finance Projects within the City’s Finance Director’s
Service Area memo
C. Adoption of the Preliminary 2014 General Fund Operating Budget and Tax Finance Director’s
Levy memo, Resolution
D. Selection of Truth-in-Taxation Public Hearing Date Finance Director’s
memo, Resolution
11. OLD BUSINESS
12. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Monthly Financial Report Finance Dir’s memo
2. Southshore Center Advisory Committee Update
3. Update on 5795 Country Club Road
4. Update on Trail Projects
5. Apple Road Update
6. Gideon Glen Update
B. Mayor and City Council
13. ADJOURN
CITY OF
SHOREWOOD
5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900
Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us
Executive Summary
Shorewood City Council Regular Meeting
Monday, 26 August, 2013
7:00 p.m.
6:00 PM – Ribbon Cutting Ceremony – County Road 19 Sidewalk/Trail
6:30 PM – Council Work Session on 2014 Budget
Agenda Item #3A: Enclosed is the Verified Claims List for Council approval.
Agenda Item #3B: Staff recommends approval of a resolution authorizing the Mayor and City
Administrator to execute a Lease Agreement between the City of Shorewood and the
Minnetonka School District #276, for the School District’s use of the City’s Election
Equipment during odd-year School District Elections.
Agenda Item #3C: Staff is recommending approval of the resolution that accepts the final
improvements for Lift Stations 5 and 6.
Agenda Item #3D: The recommended 2014 Excelsior Fire District Budget is provided for
Council’s approval.
Agenda Item #4: Resident Alan Yelsey would like to address the Council regarding the use of
herbicides in the City. (No Council action will be taken).
Agenda Item #5: There are no public hearings this evening.
Agenda Item #6A: Representative Mark Sylvester will report on Lake Minnetonka
Conservation District board activities.
Agenda Item #6B: Representative Joe Huber will report on Lake Minnetonka
Communications Commission board activities.
Agenda Item #7A: A report on the August 13, 2013, Park Commission meeting will be
provided.
Agenda Item #7B: A report on the August 20, 2013, South Lake Minnetonka Parks Summit
meeting will be provided.
Agenda Item #8: Minutes of the August 6, 2013, Planning Commission meeting are provided
for Council’s information.
Agenda Item #8A: The Planning Commission has recommended approval of a conditional use
permit for Ben Duininck to build an attached garage that will bring the total amount of
Executive Summary – City Council Meeting of August 26, 2013
Page 2 of 2
accessory space on his property to over 1200 square feet. The property is located at 22490
Murray Street. The application complies with the criteria for the conditional use permit.
Agenda Item #8B: Scott Stevens, owner of the new Lucky’s Station at 24365 Smithtown
Road (formerly Oasis Market), has requested a conditional use permit allowing him to
convert the existing car wash into an auto detailing center. He also proposes to have
outdoor sales and display and outdoor sales of seasonal items (e.g. Christmas trees,
plants, etc.). The Planning Commission conducted a public hearing at its last meeting
and voted to recommend approval of the CUP, subject to conditions recommended by
staff. A resolution to that effect is included in your packet.
Agenda Item #8C: Dale and Sylvia Smith propose to add on to an existing nonconforming
residence at 448 Lafayette Avenue. Their architect, Bob Shaffer, submitted a design that
will not increase the nonconformity and actually reduces hardcover somewhat. One issue
that arose at the hearing was the fact that the property has more than one dock (one on the
main lake and one on a back bay). The applicants have come up with aerial photos from
May 1956, showing that the docks were there prior to our current zoning requirements.
The photos will be available for review at the meeting Monday night.
Agenda Item 9: There are no items of business for Engineering/Public Works.
Agenda Item #10A: The South Lake Minnetonka Police Coordinating Committee has
approved a draft Uniform Animal Ordinance and has requested member cities consider
approval. Some considerations have been noted by Staff. Should Council decide to move
forward with the draft ordinance, it will be brought to the Sept. 9 Council meeting for
final review and approval.
Agenda Item #10B: Staff has received a request to hold a public hearing on September 9,
2013, with respect to the issuance of revenue obligations to finance a multifamily assisted
living housing development in the City of Chaska. As Shorewood is in the service area of
the project, we can participate in the financing. No action is needed at tonight’s meeting
on this item.
Agenda Item #10C: This item adopts the preliminary 2014 General Fund Operating Budget
and Tax Levy by resolution.
Agenda Item #10D: This resolution sets the Truth-in-Taxation Hearing Date for December 2,
2013, and provides for a continuation date of December 9, if needed.
Agenda Item #11: There are no items of Old Business this evening.
Agenda Items #12A: Several Staff reports will be provided.
Agenda Items #12B: Mayor and City Council Members may report on recent activities.
#2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL WORK SESSION COUNCIL CHAMBERS
MONDAY, AUGUST 12, 2013 6:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION
Mayor Zerby called the meeting to order at 6:01 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Siakel, Sundberg, and Woodruff; Administrator Joynes;
City Clerk Panchyshyn; Finance Director DeJong; and, Planning Director Nielsen
Absent: Councilmember Hotvet
B. Review Agenda
Siakel moved, Woodruff seconded, approving the agenda as presented. Motion passed 4/0.
2. 2014 BUDGET DISCUSSIONS
Administrator Joynes stated staff has refined some of the numbers in the draft 2014 General Fund Budget
since it was last discussed during Council’s July 22, 2013, work session. It also reflects more refined final
draft budget numbers from other agencies.
Joynes reviewed the 2014 General Fund budget assumptions. No new services or staff changes are
budgeted for. Administrator services and engineering services will continue to be contracted out. It
includes an estimated health insurance increase based on past negotiating history with Local 224, Council
5, of the American Federation of State, County and Municipal Employees, AFL-CIO labor union (the
union representing the City’s Public Works employees). That is part of the salary reserve of 2.5 percent
budgeted for union and non-union employees. To date there has been one meeting with the union. Staff
has been warned of potential additional health insurance costs associated with the Affordable Care Act of
4 – 8 percent on the portion of the premiums the City pays toward employee health insurance. That could
amount to about $7,000 – $15,000. That has not been budgeted for; but, the budget does have the
flexibility to handle it. A $60,000 transfer to the Southshore Community Center (SSCC) has been
maintained in the budget to subsidize SSCC operations. That will fund the base level of service currently
being provided.
He explained the City is under a 3 percent levy limit cap for 2014 that the State Legislature adopted for
cities the size of Shorewood. Therefore, the City could levy $142,899 (3 percent * $4,763,319) more than
it levied for 2013. State law does have a number of exceptions in how the levy cap is calculated. The City
has historically not taken special levies for City Hall, police and fire. Under the laws the City levy an
additional $615,984 ($103,950 for City Hall; $229,763 for police; and $282,271 for fire) which would
bring the levy increase to 12.9 percent. Staff is not recommending the different definitions be addressed in
the budget. But, that flexibility does exist.
In broad general terms the total 2014 General Fund expenditures are anticipated to be $5,521,298 (a 2.9
percent increase over the adopted 2013 budget and it is primarily related to personnel costs) and revenues
are anticipated to be $5,348,940 (a 1.6 percent increase over the adopted 2013 budget). That leaves an
unfunded gap of $172,358 which reflects a drop from the 2013 gap.
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
August 12, 2013
Page 2 of 4
He noted that Staff recommends continuing the practice of a contribution from the General Fund reserves
to the general operating budget.
He explained the City’s General Fund Balance Policy stipulates maintaining a reserve level of 55-60
percent of the upcoming year’s operating expenditures. It’s estimated that at the end of 2013 the General
Fund balance will be $3,480,871. The Policy maximum of 60 percent would equate to $3,312,779.
Therefore, the amount in excess based on the Policy is $168,092. The Policy also stipulates that if the
reserves are higher than 60 percent the excess should be drawn down at a rate of no more than 3 percent
per year and used for items such as one time expenditures or General Fund operations. The 3 percent
maximum would mean there is $165,639 available.
He noted Staff recommends using $102,848 in reserves to help reduce the unfunded gap; the same
amount budgeted for in 2013. He explained that would leave a remaining gap of $69,510. A levy increase
of 1.5 percent would basically balance the 2014 budget. The remaining $73,389 ($142,889 – $69,510) of
the allowable 3 percent levy increase could be set aside for potential use for the SSCC. Council has
previously discussed the possibility of a full-time director to manage SSCC operations along with some
support. Staff thinks having an additional $73,389 (above the $60,000) to use for the SSCC would
provide the required funding for salary and some administrative support. He stated the Southshore Center
Advisory Committee is progressing with its tasks fairly quickly.
He explained State law requires the City to make its preliminary 2014 maximum levy certification to
Hennepin County by September 15, 2013. The levy cannot be increased after that. But, it can be reduced
prior the certifying the final 2014 General Fund budget in December 2013. Certifying the max levy will
allow for some flexibility. Staff recommends doing that.
He stated the City approved rate studies for sewer and stormwater management during its July 22, 2013,
meeting. During the regular Council meeting following this work session staff will discuss two concept
plans for improvements to Badger Park to help reduce the cost of previously proposed improvements. The
City-owned property located at 5795 Country Club Road is on the market and it’s estimated the proceeds
from the sale of the property will range between $200,000 and $300,000. And, after some refinements to
the capital improvement program (CIP) Council and staff will have gone a long way toward addressing
some of the issues identified during the March 2013 Council and staff retreat. He expressed hope that by
next year that there will be light at the end of the tunnel in terms of making those financial adjustment.
He noted the $1,000 – $3,000 adjustments made to the various budget add up to about $70,000. He stated
staff will be reviewing at the CIP very closely over the next month to assess if the timing of equipment
purchases is still appropriate. He recommended the proceeds from the sale of the City-owned property be
used for trails, equipment purchases or other one-time expenditures. He stated additional budget work
sessions will be held.
He stated that during Council’s regular meeting this evening South Lake Minnetonka Police Department
(SLMPD) Chief Litsey will present the 2014 SLMPD budget recommended by the SLMPD Coordinating
Committee. He then sated there is a joint budget work session of the Excelsior Fire District (EFD) Board
and member City Councils scheduled for August 14, 2013, to talk about the 2014 EFD overall budget.
Councilmember Siakel stated because staff is recommending using $102,848 of the $165,639 General
Fund reserves in excess of the 60 percent level that leaves approximately $63,000 that could be added to
the 2014 budget for use for the SSCC. Administrator Joynes concurred.
Administrator Joynes stated during the retreat Council and staff discussed the need to refresh the General
Fund reserves over time. A 1.5 – 2 percent levy adjustment would have to be made each of the next eight
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
August 12, 2013
Page 3 of 4
years. Leaving the approximate $63,000 in the General Fund balance is equivalent to 1.5 percent for
2014. He noted he does not think that is critical. He stated using it to help fund a full-time SSCC director
would be a reasonable use of those funds.
Councilmember Siakel stated from her perspective having a flat levy year indefinitely is not sustainable.
Something has to be done to keep the City on solid financial footing. She noted she thinks the 1.5 percent
is perfectly reasonable. She stated after the utility rate studies are complete the declining balance in the
Stormwater Management Fund needs to be addressed through a rate increase. She expressed her
appreciation for Administrator Joynes and staff putting budget numbers together.
Councilmember Woodruff stated he agrees a zero percent levy increase is not sustainable, noting he
thought Council and staff have done a good job managing with a flat levy for the last four years. He noted
he supports certifying a 3 percent levy increase to Hennepin County in September. But, he would prefer
to have the final levy be somewhat less. He stated the enterprise operations are not funded out of the
General Fund budget. He then stated he supports not using approximately $63,000 of the available excess
reserves. He commented that assumes that between now and the end of November Council will identify
opportunities for using those funds. He noted that this first proposal makes sense to him.
Councilmember Sundberg noted she agrees this needs to be addressed; it can’t be ignored any longer. She
stated the City is not the only entity with the challenges of operating a city, staying within budget and
providing quality services. She stated the possibility of sharing more services continues to pique her
interest more and more, but that is a longer term evaluation.
Councilmember Woodruff stated he supports finding ways to save money through more effective
operations. He then stated from his perspective the budget has been squeezed over the last four years.
And, the budget process is much more streamlined now.
Councilmember Sundberg noted she supports certifying a maximum 3 percent levy in September.
Mayor Zerby stated the budget information provided indicates the $10,000 cost for the GIS (geographic
information system) has been moved to the Stormwater Management budget. He noted that he and
Administrator Joynes have talked about a technology package staff will prepare. He asked if the costs for
that are included in the draft budget and if it is where is it? Joynes stated that will be discussed as part of
CIP discussions. Joynes then stated staff will prepare a list of potential technology improvements for
Council to consider. Zerby asked if those are considered CIP items.
Director DeJong stated there is a lot of flexibility in how purchases are defined. He explained a number of
similar general technology items (e.g., personal computers) can be grouped together so collectively they
exceed the $5,000 capital threshold. That is the approach staff has taken. He noted that the 2013 budget
includes $10,000 for upgrades to computer operating systems and for upgrading Microsoft Office
software. Staff will make a recommendation on that this fall. He noted that Council recommended the
GIS expenditure be funded out of the Stormwater Management Fund during its July 22 budget work
session.
Mayor Zerby stated he wants staff to ensure the GIS expenditure does not get forgotten.
Councilmember Woodruff stated the General Fund Budget Summary sheet reflects a 2014 revenue budget
for Licenses and Permits of $132,770. The 2013 adopted budget was $124,200 and through June the
actual revenue is $81,498. Based on that and the 2010 – 2012 actual amounts the 2014 budget amount
seems too low. He asked staff to reconsider that. He then stated Charges for Services revenue of $41,700
may be too high.
CITY OF SHOREWOOD WORK SESSION MEETING MINUTES
August 12, 2013
Page 4 of 4
Woodruff then stated the General Fund Revenues Detail / Charges for Services sheet reflects $5,500 for
Arctic Fever/Princess Tea; the 2012 actual amount is $3,214. The Recreation Expense Budget reflects a
2014 expenditure of $7,000 for that same item. Director DeJong explained because the Arctic Fever event
is held in January some of the revenue comes in the previous December. Woodruff stated if staff is
convinced the $5,500 is real than it is. Woodruff expressed concern that staff is budgeting for a loss for
Arctic Fever/Princess Tea. DeJong noted the City’s support for Arctic Fever is $1,500 net and that has
been consistent for the last three years in the budget. He explained he is trying to gross up the revenues
and the expenditures.
Woodruff explained there is about $170,000 in the Park Fund and $42,000 will be transferred into it this
year and the same is budgeted for 2014. All together that is close to $250,000. During the regular Council
meeting this evening Council is going to discuss spending about $400,000 on Badger Park improvements.
That doesn’t work financially. That concerns him.
Woodruff expressed concern about the Equipment Replacement Fund. He explained it has assets that
include a couple of leases to the EFD for equipment purchases which is great. Unfortunately, there is a
cash flow problem now because of the unplanned purchase of a street sweeper this year. He stated he
thought that Fund is in big trouble. Administrator Joynes stated the Fund needs some relief. The purchase
of the sweeper threw the funding off. It caused concern in a fund that was already weak. Joynes then
stated the breakdown of the sweeper this year was really untimely because of the weather. He noted he
thought it prudent to assess the assumptions in the Equipment Replacement CIP. Woodruff noted he is not
questioning why the sweeper was purchased.
Woodruff asked if the cost for some of the major equipment purchases should be apportioned back to the
appropriate Enterprise Fund. Examples would be a dump truck or the front-end loader. Administrator
Joynes stated the budget reflects apportioning $25,000 for administrative salaries back to Enterprise
Funds. The same thing was done last year for a couple of other things. He explained it needs to be
estimated on a yearly basis rather than trying to account for in by hour each year. Woodruff suggested
asking Ehlers, the firm that will do the two utility rate studies, what it thinks.
Woodruff stated he looks forward to addressing fund balances. He explained transfers are made out of the
General Fund to some of the other funds for operations.
3. ADJOURN
Woodruff moved, Sundberg seconded, Adjourning the City Council Work Session of August 12,
2013, at 6:38 P.M. Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
Scott Zerby, Mayor
ATTEST:
Jean Panchyshyn, City Clerk
#2B
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, AUGUST 12, 2013 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Zerby called the meeting to order at 7:00 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Siakel, Sundberg, and Woodruff; Attorney Keane; City
Administrator Joynes; City Clerk Panchyshyn; Finance Director DeJong; Planning Director
Nielsen; and City Engineer Hornby
Absent: Councilmember Hotvet
B. Review Agenda
Sundberg moved, Woodruff seconded, approving the agenda as presented. Motion passed 4/0.
2. APPROVAL OF MINUTES
A. City Council Work Session Minutes, July 22, 2013
Woodruff moved, Sundberg seconded, Approving the City Council Work Session Minutes of July 22,
2013, as presented. Motion passed 4/0.
B. City Council Regular Meeting Minutes, July 22, 2013
Woodruff moved, Sundberg seconded, Approving the City Council Regular Meeting Minutes of July
22, 2013, as presented. Motion passed 4/0.
3. CONSENT AGENDA
Mayor Zerby reviewed the items on the Consent Agenda.
Woodruff moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolutions Therein.
A. Approval of the Verified Claims List
B. Approving ORDINANCE NO. 503, “An Ordinance Enacting and Adopting the 2013 S-
8 Supplement to the Code of Ordinances for the City of Shorewood Minnesota” and
Adopting RESOLUTION NO. 13-044, “A Resolution of Official Summary of
Ordinance No. 503”.
C. Adopting RESOLUTIUON NO. 13-045, “A Resolution Approving Lease Agreement A-
131264 between Hennepin County and the City of Shorewood.”
D. Recording Secretary Agreement
Motion passed 4/0.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
August 12, 2013
Page 2 of 12
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
5. PUBLIC HEARING
None.
6. REPORTS AND PRESENTATIONS
A. South Lake Minnetonka Police Department 2014 Budget Presentation by Police Chief
Bryan Litsey
Mayor Zerby noted South Lake Minnetonka Police Department (SLMPD) Chief Litsey is present this
evening to give a brief presentation about the SLMPD 2014 Operating Budget (the Budget) and the proposed
public safety facility capital maintenance plan.
Chief Litsey stated this fall the SLMPD will offer the third Citizen Police Academy. He noted Mayor Zerby
attended the first Academy and can attest to the success of the program. It’s a great way for SLMPD
personnel to connect with the SLMPD community. He thought the program has been fantastic. This year’s
Academy will start on Thursday, September 12, and run through Thursday, November 21. There will not be a
session on October 31. The sessions generally run from 7:00 – 9:30 P.M. They sometimes run a little later
depending on the topic. Attendees are encouraged to make most meetings. Classes are kept small to ensure
people get enough hands-on time. He credited Sergeant Mark Geyer with much of the success of the program
Geyer started. He noted staff is welcome to attend the program as well. He stated the program is fun for the
patrol officers as well. He encouraged people to sign up for the Academy.
Chief Litsey explained this is his fifteenth year of presenting a SLMPD operating budget as Chief of the
SLMPD. His objective has always been to present a realistic budget that is lean yet meets the needs of the
organization in an ever changing world. Technology continues to be more prevalent than in the past. The
Department depends on it a lot. Unfortunately, the shelf life for technology is quite short. Therefore, the
Department has to continually look at upgrading or replacing it.
Budgeting over the last few years has been quite challenging. The economy has been slow to recover from
the recession. Declining revenue from state aid has contributed the challenge. Over the last five years the
SLMPD has lost over $250,000 in state aid. State aid is used to offset the SLMPD’s contributions to
pensions. The SLMPD member cities end up having to cover that loss. For 2014 there are increased pension
costs. Mandatory contributions will go up 6.3 percent; the amount is set by the State of Minnesota. The
impact of the Affordable Care Act could result in an increase in health care costs of about 13 – 14 percent;
the amount will not be known until at least next month. The increase caps the SLMPD had with its current
insurance provider will no longer apply. Volatility in energy costs is ongoing. In spite of these factors budget
increases have been kept to a minimum; they have been on average in the 2 percent range the last four years.
SLMPD staff believes it has done a very good job of trying to manage the variables while continuing to
provide the service the SLMPD community has come to expect. The strategies in place and the support from
the SLMPD Coordinating Committee have helped in accomplishing that.
Preparing a budget for a joint powers organization for multiple cities can also present challenges. Ensuring
there is transparency during the budget process is important. This is the third year that all of the documents
and presentations the SLMPD Coordinating Committee has been provided for the budget process are
available on the SLMPD’s website www.southlakepd.com shortly after the Committee meeting is held. This
allows interested individuals to track the budget process.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
August 12, 2013
Page 3 of 12
Because the SLMPD is a joint powers organization the budget process is started earlier than it is for the
member cities. The current 2014 Budget proposal is a culmination of what transpired during the budget
process to date. Preliminary budget considerations were discussed during the Coordinating Committee’s May
21 meeting. The considerations were incorporated into an initial budget proposal developed by SLMPD staff.
The initial proposal was presented to the Committee during its June 26 budget work session. The budget
proposal was a result of staff having done a comprehensive assessment of what the budget needed to be to
meet Department needs. During the work session the Committee directed staff to consider additional expense
reductions and present them to the Committee during its July 10 meeting.
He does not inflate the budgets he presents so he can later look good be reducing the budget. He enters into
the budget process asking for what is realistic and what is really needed. Being asked to reduce the budget
further after it has already been scrubbed is a difficult task.
The original budget presented during the Coordinating Committee’s June 26 work session included a 10-
hour-per-week increase in the field hours for the Community Service Officer (CSO) program. That is a cost
effective way of dealing with the issue of the patrol division being short staffed. Having a CSO handled those
things that do not require the attention of a patrol officer makes better use of the current compliment of
officers. For example, a CSO can transport a non-combative person to the Hennepin County jail which can
save an officer up to 2.5 hours of time and keep them out in the community. To help offset the increase in
costs for the additional CSO hours in the field CSO hours spent helping in the front office were reduced
somewhat.
He presented two new budget options during the July 10 Coordinating Committee meeting. Option 1 did not
include the cost for an additional 10 hours per week of CSO field time. It did maintain the reduction in CSO
front office time. That lowered the budget increase to 2.8 percent (when compared to the adopted 2013
Operating Budget); the increase for the original budget proposal was 3.3 percent. Option 2 also included
cutting the additional CSO hours and it included a salary freeze on his current wage through 2014. Option 2
reflected a 2.8 percent increase. After considerable discussion the majority of the Coordinating Committee
expressed its support for Option 1. The Committee directed staff to forward Option 1 to the member City
Councils along with a recommendation for approval. The Excelsior City Council and the Greenwood City
Council have already unanimously approved Option 1.
Litsey noted that Mayor Zerby and Administrator Joynes have attended all of the SLMPD budget meetings.
Therefore, they should be able to answer questions about the budget.
Councilmember Woodruff stated the budget information includes a proposed contribution from the SLMPD
member cities for Fourth of July activities. He asked if that would be in addition to the municipal
contribution for the operating budget. Chief Litsey explained that is an additional amount. The Coordinating
Committee discussed the idea of not billing the Fourth of July event sponsor, which the SLMPD does for
other events, and instead billing the member cities directly. One of the reasons it was not rolled into the
budget is it would artificially inflate the budget increase. Litsey stated he anticipates that eventually it will be
absorbed into the budget. He cited the example of how the contribution for reserve officers evolved. For
many years the cities contributed to that separately. Over time that got incorporated into the budget. He noted
the net effect of billing the cities directly or incorporating it into the budget is the same. For 2013, the
amount was billed to the Excelsior-Lake Minnetonka Chamber of Commerce.
Mayor Zerby stated some cities stipulate their contributions for Fourth of July activities be put toward police
activities.
Councilmember Woodruff stated the City contributes toward the fireworks activities. The budget does not
include anything for police activities.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
August 12, 2013
Page 4 of 12
Councilmember Siakel noted the City has been contributing $5,000 toward fireworks activities. It can either
allocate half of it for police activities or it can increase the budget to $7,424 cover the cost for police
expenses. She asked what the reason for the change is. Chief Litsey explained this way the Chamber won’t
pay the SLMPD directly. Mayor Zerby explained there was a slight upcharge when the Chamber was billed.
Billing the member cities directly will result in a small cost reduction because there will not be an upcharge.
Zerby noted that he brought this up to the Coordinating Committee. This event is truly a community event
and a national holiday. To raise money to pay for policing services through donations was not appropriate.
Councilmember Woodruff asked when the Tonka Bay City Council is going to consider this budget. Chief Litsey
stated they are going to discuss it tomorrow, but he does not know if it is going to take action on it then.
Chief Litsey noted that he met with the Mayor of Tonka Bay since the July 10 Coordinating Committee
meeting and that went very well.
In response to a comment from Councilmember Woodruff, Chief Litsey explained the new default budget
provision in the SLMPD joint powers agreement (JPA) is handled two ways. One is to match the levy limit
amount some cities may be under and then potentially match that. The consumer price index (CPI) is also
taken into consideration for most of the items. The CPI goes back twelve months from July 2013. The CPI
for the first half of 2013 will not be known until next week. He noted that contractual union labor agreements
have to be met regardless of the amount of them. Those are still pending. The default would be close to the
increase proposed.
Councilmember Siakel stated she does not know what she would cut in the proposed budget. She then stated
the SLMPD and the Excelsior Fire District (EFD) do an amazing job with the budgets they have. She went
on to state she thought the proposed budget is responsible. The choice is to fund the budget or cut services,
noting she does not want to cut services.
Councilmember Sundberg stated she does not think there is anything in the proposed budget to make an issue
about. She noted that she thinks police services have been good. She questioned if some SLMPD member
cities receive more services than others. Chief Litsey explained the SLMPD tries to operate as a district for
the most part. The joint powers arrangement allows the SLMPD to allocate resources where they are needed.
Overall it tends to even out.
Chief Litsey stated it would be preferable to build in discretionary time in the patrol schedule so there is some time
for officers to work special details (e.g., traffic enforcement or fire lane issues). With the current patrol division
staffing level there is not much discretionary time. There are times there is only one officer on duty. He explained
the new record management system (RMS) has made data more accessible in the field and it allows reports to be
filled out in the field. When the call comes in from the dispatch system it populates information in the call report.
The officer adds additional information and the report is relatively complete for the more routine calls. The officer
used to come to the office to do that and a person in the office would have to enter the information. The RMS
allows officers to be in the field more. From his office he can pull up what an officer is doing on the RMS. People
can go to the SLMPD’s website and find crime reporting information. He noted that he is fortunate to have
SLMPD Coordinating Committee Members who are technologically savvy. He stated the results from the
strategic planning process done in 2008 needs to be refreshed.
Mayor Zerby stated he is looking forward to receiving new reports. He then stated his management
perspective is you hire the best people you can and then you trust their expertise. He is somewhat
disappointed when the Coordinating Committee did not accept Chief Litsey’s first budget proposal. When
Litsey tells people there is a pending or current morale problem and some additional help is need to mitigate
that he takes it to heart. Unfortunately, other Committee Members were more interested in reducing the
budget. He went on to state it has been difficult at times for the Committee Members to understand what the
SLMPD’s challenges are. Hopefully, the reporting off of the RMS will provide that needed utilization
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
August 12, 2013
Page 5 of 12
information. He noted that he does not view traffic enforcement as a discretionary activity. He also noted that
he implicitly trusts Litsey when he says there are higher priorities than traffic enforcement at times. But, it
would be nice to have data to back that up.
Chief Litsey stated when people drive by a speed limit sign every day they tend to become oblivious to it. A
flashing speed awareness display sign is always changing and it tends to attract a driver’s attention. He
thought the sign recently put up along Country Club Road will have a positive impact along with
enforcement and engineering. He then stated the Shorewood City staff has always stepped up to the plate. He
relies on the great rapport the SLMPD has with the staff. As a joint powers entity it is nice to have those
resources to somewhat rely on.
Councilmember Siakel asked Mayor Zerby if he is confident the 2014 proposed budget provides the SLMPD
with what it needs. Or, is the budget shortchanging it. Zerby stated he thinks it does, but he does not like to
use the word comfortable. He then stated that Chief Litsey will make good use of the resources the budget
provides. Zerby noted a budget is a guideline. If the labor problem is really severe he encouraged Litsey to
come back and ask for help.
Zerby moved, Siakel seconded, approving the South Lake Minnetonka Police Department’s 2014
Operating Budget as presented. Motion passed 4/0.
Chief Litsey stated he would be willing to attend the Council meeting when the draft Uniform Animal
Control Ordinance is discussed again.
7. PARKS
A. Badger Park Plan
Director Nielsen explained in 2012 the Council and Park Commission met to discuss possible ways to scale
down the cost of improvements to Badger Park as proposed in the Master Plan for the Park prepared by
TKDA. Council was taken aback by the total cost. There were things in the Plan that did not need to be
redone (e.g., moving the tennis courts for a large cost). During that joint meeting Council decided that
ultimately the hockey rink would be removed from the Park. The Commission would like it to be replaced in
another City park. Removing the rink would free up a lot of space that could be used for other purposes and
it would eliminate a large expense in the budget for Park improvements.
He reviewed a number of issues relative to the Park that had been identified. There is the need for additional
landscape screening along the north edge of the Park against the commercial properties to the north. The
connection between City Hall and the Southshore Community Center (SSCC) should be enhanced and it
should tie to the Park. There has been discussion about having a focal point near the SSCC. Something the
SSCC could use that also relates to the Park. There should be a creek crossing that would connect the rustic
trail with a future perimeter trail around the Park. The playfield should be moved to the south somewhat. The
hockey rink should be removed and the space repurposed. The tennis courts would remain where they are.
He highlighted two rough concept plan sketches presented to the Park Commission. Concept 1 shows a focal
point in the northeast corner of the Park north of the playfield. That requires shifting the playfield a little to
the south to make room there. Both plans include a wide walkway between City Hall and the SSCC which
would connect all elements of the Park. Concept 1 includes a play area, a picnic area and a village green area
(all included in the TKDA plan) that are connected to the walkway. An attempt was made to try and increase
parking to some degree. In both concepts the driveway to the SSCC is realigned.
Concept 2 would reorient the playfield from north/south to east/west. That would free up a lot of space on the
north side of the playfield between it and the parking area. The play area and picnic area would be located in
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
August 12, 2013
Page 6 of 12
that area. A shelter or bathroom area could also be located near those two areas. There is room for a village
green area between the playfield and the tennis courts. Concept 2 more than doubles the parking area for the
SSCC. It also helps parking for the playfield and picnic activities as well. The pond on the east end may have
to be enlarged to satisfy the Minnehaha Creek Watershed District’s (MCWD) requirements regarding
impervious surface.
He noted the Park Capital Improvement Program (CIP) currently includes approximately $577,000 for the
TKDA plan improvements to the Park. That plan did not include a trail system through the Park and adding
that would have increased the cost. He stated for the Concept 2 the cost is estimated to be $433,500. It
appears that the driveway/parking cost will be more than estimated $67,100; it could be as high as $94,000.
The reduction in cost for Concept 2 when compared to the CIP amount was estimated to be $143,500.
Increasing the cost of the parking to $94,000 would lower that reduction to $116,600. He explained Park
Fund never had the funds for making the TKDA identified improvements. It doesn’t have the $460,000 in
funds for Concept 2 either.
He stated that during its August 13 meeting the Park Commission is going to discuss how to spread out the
improvements differently. He asked Council if it thought Concept 2 makes sense. If it does the Commission
can start to adjust the Park CIP accordingly.
Councilmember Sundberg stated she is hesitant to do anything about this until the long-term plan is for the
SSCC is known. That plan may influence what changes are made to Badger Park.
Councilmember Woodruff stated he likes the thought that has gone into Concept 1. He noted that reorienting
the playfield does not gain anything for sports activities unless something like an irrigation system is
installed. But, he does understand that in order to make some of the other improvements that are
recommended the reorientation need to be done. He stated if substantially all of the sports parking
reorientation could be done first that would be a major improvement. He clarified he is ignoring the SSCC
parking issue.
Woodruff stated there is an $80,000 warming house estimate included in the list of improvements costs.
Being there will not be a hockey rink he assumes that is for restrooms. He asked when they would be built.
He suggested the restrooms be located closer to the playfield and tennis courts. He stated he thought it
prudent to phase changes in. Maybe spend about $150,000 in 2014 and then build the Park Fund up.
Director Nielsen noted that doing the sports parking first necessitates reorienting the playfield.
Councilmember Woodruff asked if the playfield cost includes changing the lights for the playfield. Director
Nielsen stated he will verify that.
Director Nielsen stated that the Park Commission has discussed having free ice skating on the pond. If so
leaving the shelter where it is may be a good idea. He commented that sometimes people using the tennis
courts use the restrooms in City Hall.
Councilmember Siakel cautioned against doing this piecemeal. She stated there needs to be a comprehensive
plan for Badger Park and the SSCC. She thought the SSCC component of the campus area has been under
thought. She indicated she thought Concept 1 is a good start. She thought having additional signage directing
people to the SSCC would be helpful. She then stated for the SSCC it is not just a parking issue. It needs to
be incorporated into the campus. She noted she views the operational aspect of the SSCC separate from the
functional aspect. The functional side can be considered separately. She suggested consideration be given to
putting in a sidewalk that goes along the side of the SSCC to County Road 19. She stated the soil quality in
the Park has not been brought up. There needs to be funding for some infrastructure work and soil
remediation.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
August 12, 2013
Page 7 of 12
Siakel explained the City purchased the 5795 Country Club Road property to add to the City campus. She
asked Council to consider using the proceeds from the sale of the property to help fund improvements to the
SSCC. She stated during her tenure on the Council she has heard there are grant monies available through the
MCWD for improvements to the ground. She asked if the City could get grant funds to help address the
parking issues, drainage and the pond. She suggested staff pursue that. She stated the restrooms were
recommended because events at the SSCC could potentially be outdoors and because of other outdoor
activities in the Park. She noted that during the July 22, 2013, Council meeting a resident spoke about the
poor quality of the playfield. She stated something needs to be done and it should be done right. The resident
indicated the Lacrosse Association may be willing to do some cost sharing for irrigation. She then stated she
thought the City would be shortchanged if the improvements to the campus were done piecemeal. The area
should be viewed as a campus. It’s an opportunity to expand the functional aspect of the SSCC. She noted
that she thought the financial resources are available to build out the campus over the next few years.
Councilmember Woodruff stated if the potential $250,000 in net proceeds from the sale of the property and
that were added to what would be in the Park Fund thought the end of next year it would amount to about
$500,000. That would barely be enough to make the improvements in Concept 1 and it would deplete the
Park Fund. He expressed his reluctance to spend all the Park Fund and not do anything in the other parks for
a few years.
Councilmember Siakel agreed that there should be a plan to phase things in; it should be a plan for the entire
campus. She cautioned against short changing the SSCC. It needs to be incorporated into the campus.
Councilmember Sundberg noted she supports Councilmember Siakel’s approach. She stated making
improvements piecemeal is not a strategic approach. The campus needs to be considered as a whole. She then
stated working with the other co-owners of the SSCC on the operational aspects of it in the early stages. She
suggested standing back. She noted she agrees with using proceeds from the sale of the 5795 Country Club
Road property for campus improvements.
Mayor Zerby thanked Director Nielsen for bringing the concept plans forward and the thanked the Park
Commission for the time it has spent discussing Badger Park improvements. Concept 1 is close to what
Council is looking for. He noted he agrees with using proceeds from the sale of the 5795 Country Club Road
property for campus improvements. He stated he has encouraged staff to work with the MCWD on this. He
extended an offer to meet with a representative from the MCWD and Director Nielsen to find out what
opportunities there may be. He noted the campus area was a swamp years ago. He explained there are some
challenges with stormwater drainage. The small creek along the east end does flow into Lake Minnetonka.
Therefore, it’s important to have a proper and environmentally friendly drainage system on the campus.
Zerby concurred parking is a concern with or without the SSCC. He stated when the playfield is used in the
fall parking is very challenging. He noted he is encouraged by what has been presented. He stated he also
thinks the shelter/restroom concept is not quite there yet. He then stated there is no covered space for people
to, for example, barbeque and eat. It would be nice to have that feature which the other parks have.
Zerby stated he would like to have this move along sooner versus later. He cited there was a resident who
told Council how bad the condition of the playfield is and thought it created safety concerns when used for
sports activities. He recommended developing a plan for the area that improves/replaces the playfield sooner
than later. He stated the playfield could be moved and the drainage and ponding issues could be addressed
and then parking could be considered as a second phase. He asked Director Nielsen to tell the Park
Commission to keep moving on this.
Director Nielsen stated staff and the Park Commission will continue to work on this.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
August 12, 2013
Page 8 of 12
B. Movie in the Park Promotion
Director Nielsen stated a Movie in the Park event is scheduled in September in Badger Park. Joey Nova’s
restaurant has offered to help promote the event by placing post-it notes announcing the event on its pizza
boxes it delivers two to three weeks out from the event. The restaurant claims it puts out about 1000 pizza
boxes a week. The City would have to purchase the printed post-it notes. It would cost $16 for 400 post-it
notes and $80 for 2000. The Park Commission thinks this would be a good idea.
Woodruff moved, Sundberg seconded, approving up to $100 for the purchase of post-it notes
announcing the Music in the Park event that would be placed on Joey Nova’s pizza boxes. Motion
passed 4/0.
Discussion moved to Item 9.A on the agenda.
8. PLANNING
A. Report on the August 6, 2013 Planning Commission Meeting
This was discussed after Item 9.A on the agenda.
Director Nielsen reported on matters considered and actions taken at the August 6, 2013, Planning
Commission meeting (as detailed in the minutes of that meeting).
Discussion moved to Item 9.B on the agenda.
9. ENGINEERING/PUBLIC WORKS
A. Accept Plans and Authorize Advertisement for Bids for the 2013 Bituminous Mill and
Overlay, City Project 13-05
This was discussed after Item 7.B.
Engineer Hornby noted the meeting packet contains a copy of a memorandum from him about the 2013
Bituminous Mill and Overlay Project, a copy of a title sheet and a copy of a resolution that would approve
the specifications and authorize the advertisement of bids for the project. He stated there is $129,000
designated in Street Reconstruction Fund for this maintenance project.
Councilmember Woodruff expressed concern about this and Item 9.B being advertised for bids so late in the year.
Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 13-046, “A Resolution Approving
Specifications and Authorizing for Advertisement for Bids for 2013 Bituminous Mill & Overlay, City
Project 13-05.” Motion passed 4/0.
Discussion returned to Item 8.A on the agenda.
B. Approve Plans and Specifications and Authorize Advertisement for Bids for
Valleywood Lane and Valleywood Circle Roadways Improvement, City Project 13-01
This was discussed after Item 8.A on the agenda.
Engineer Hornby explained staff has been working with the property owners in the Valleywood Lane and
Valleywood Circle neighborhood since last fall about the roadway reconstruction project. The project
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
August 12, 2013
Page 9 of 12
includes Valleywood Lane from Eureka Road going to the west end which ends in a cull-de-sac and
Valleywood Circle north of Valleywood Lane. Improvements include subgrade excavation of the roadways,
storm sewer, part of the roadway would have curb and gutter and part would be a rural section. The base bid
would be to construct the roadways in 2013. He noted there is some risk in reconstructing roadways late in
the fall because of unpredictable weather. It is not uncommon to have projects like this go into the middle of
November and have a base of bituminous down. He explained that once a roadway is torn up it needs to be
completed at least to a level where the roadway can be driven on in the winter. He noted staff is going to ask
contractors to submit an alternate bid for construction in 2014. He explained if the 2014 alternate bid is
awarded there may be opportunities to have this construction coincide with the Sunnyvale Lane project in
2014. That is the next project scheduled.
Hornby noted the meeting packet contains a copy of a resolution approving specifications and authorizing for
advertisement for bids for the project.
Councilmember Siakel stated she does not think it will matter to the residents in the project area if the
roadways are reconstructed in 2013 or 2014. It may be better to put the reconstruction off until 2014 because
of weather concerns. She asked what the consequences are for starting this project later in the year. Engineer
Hornby explained that if it ends up being a wet fall the risk would be in trying to dry the soils out with
limited sunlight and cooler temperatures. Siakel asked if there is a chance that the roadway could be torn up
over the winter. Hornby stated that is a risk, noting he saw that happen once and it was in a new subdivision.
Engineer Hornby noted this project could also be bid with next year’s project. There would be some savings
because of volume. He agreed that this is late in the season and that there is some risk associated with
starting it late. He stated in the past there has not been a problem getting the reconstruction work done by
mid-November. He noted restoration and turf work would have to wait until 2014. That may be an
inconvenience for the residents.
Councilmember Woodruff stated he thought the chance of not finishing the reconstruction in 2013 would be
small. He is concerned about potential inconvenience to the residents. He then stated when the bids come
back to Council he requested that staff provide Council with what the contractor’s start date would be. He
noted he is comfortable asking for a base bid for 2013 and an alternate bid for 2014 construction. He stated
he does not want the residents to have a mess around their properties for weeks on end.
Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 13-048, “A Resolution Approving
Specifications and Authorizing for Advertising for Bids for 2013 Street, Drainage and Utility
Improvements for Valleywood Lane and Valleywood Circle, City Project 13-01” subject to also asking
for an alternate bid to do the reconstruction in 2014. Motion passed 4/0.
C. Change Order Request for County Road 19 Sidewalk, City Project 12-01
Engineer Hornby explained a couple of items came up that were unforeseen at the beginning of the County
Road 19 Sidewalk Project. One of the items was a design change. Before the project there was a bituminous
spillway and catch basin at the northern end of what is now the sidewalk near the LRT Trail. The original
plans had a connection to the spillway. After much pondering staff decided it would not meet ADA
(Americans with Disabilities Act) requirements. An alignment change was made, the grade of the sidewalk
was raised and two culverts were temporarily installed under the sidewalk. The additional fill material was in
connection with the change in grade. As part of the Three Rivers Park District overpass project it will have to
reconstruct a portion of the bituminous sideway. Xcel had an irrigation system that staff was not told about.
There were valve boxes and controls underground that were discovered during excavation. The system had to
be removed and replaced. An abandoned underground water storage tank was also discovered during
excavation. A subcontractor needed to come and find out if it was filled.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
August 12, 2013
Page 10 of 12
The entire cost of Change Order 1 is $14,004.96 and it brings the project construction cost to $68,301.96
from $54,284. Xcel was asked if they would share the cost for the irrigation system and abandoned tank.
Xcel pointed out that in the license agreement for the property the City was responsible for all costs. Staff
just wanted to replace the portion of the irrigation system disturbed by the sidewalk construction. The
irrigation subcontractor would not bid on a retrofit and repair. They thought it best to remove and replace the
system and it would be more cost effective.
Zerby moved, Woodruff seconded, Adopting RESOLUTION NO. 13-047, “A Resolution Approving
Change Order No. 1 for the County Road 19 Sidewalk Extension Project, City Project 12-01.” Motion
passed 4/0.
10. GENERAL/NEW BUSINESS
A. Letter from Resident Regarding Wild Turkeys
Director Nielsen explained the City received a letter from a resident about the growing population of wild
turkeys. The resident wants to see something done about them. The resident asked if Metro Bowhunters
Resource Base (MBRB) could be asked to harvest turkeys when they are harvesting deer. He explained
spoke with MBRB hunt coordinators last week and asked specifically if they ever have opportunities to do
that, and if they did, would it be effective to try and do that. The coordinators explained turkeys are hard to
get with a bow, and if they did get one sporadically it would not do much to control the population. And,
they would have to get a permit from the Department of Natural Resources (DNR) to hunt them. The limit on
turkeys is one. Staff will look into other measures. The DNR has ideas on how to control different types of
habitat.
Councilmember Woodruff stated his first reaction is he wonders who is feeding the turkeys. Turkeys tend to
move toward where there is food. Someone has to be feeding them based on the number of them.
Director Nielsen stated there are turkeys where he lives and they feed on gardens. He then stated where the
resident lives is not a very big area habitat wise but there are big lots and the habitat is conducive to all wild
life.
Mayor Zerby stated this is an issue and there are a lot of turkeys in a very small area. He supports seeking out
advice from the DNR. And, recommends putting something in the City newsletter.
Director Nielsen stated sprinklers attached to motion detectors works well on deer.
Councilmember Woodruff suggested the Park Commission talk about the lawn in Silverwood Park being
unusable because of goose droppings.
11. OLD BUSINESS
12. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Quarterly Investment Report
Mayor Zerby stated the meeting packet contains a copy of the June 2013 Quarterly Investment Report.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
August 12, 2013
Page 11 of 12
2. Southshore Center Advisory Committee
Administrator Joynes explained the Southshore Center Advisory Committee has had two meetings. He,
Mayor Zerby and Councilmember Sundberg have attended them. There has been fairly good representation
from the other Committee members. Zerby generated a list of options for the Committee members to
consider during the last meeting. Staff is waiting for feedback from the other co-owners of the Southshore
Community Center on the direction they would like to go. When the directions come back a plan for the
SSCC will be generated. He stated he thought the process is moving along quickly. He noted the Excelsior
City Council is going to talk about this during its meeting on August 19.
Mayor Zerby stated from his vantage point the representatives from the other cities have done an excellent
job of carrying the message back to their Councils and bringing the feedback back.
Councilmember Sundberg stated from her perspective the participation from the other cities has been good.
She then stated whatever the other cities decisions are is fine.
Councilmember Siakel asked if the next Committee meeting will be posted in case other Councilmembers
want to attend. Clerk Panchyshyn stated all of those meetings are posted.
Staff will send out the meeting notice to Council.
3. Update on 5795 Country Club Road
Attorney Keane stated the City-owned property located at 5795 Country Club Road ready has been put on
the market. It’s listed at $339,000. The painter has to remove their equipment. There’s some cleanup that
needs to be done. The realtor will have a brokers’ open house a week from tomorrow.
4. Update on Trail Projects
Engineer Hornby explained the County Road 19 sidewalk/trail project is almost complete. The contractor for
the Smithtown Road west sidewalk project is moving along with storm sewer work. There have been a
couple of redesigns on storm sewer to get around underground utilities. There are a lot of underground
utilities and a lot of aboveground utilities to get around. He noted the contractor has submitted a request to
change the substantial completion date for the area in front of the Minnewashta Elementary School. The
extension will be part of a change order staff will bring to Council for consideration.
Mayor Zerby stated it’s his understanding the Excelsior City Council did not approve a feasibility study for a
segment of trail along Mill Street in Excelsior.
Director Nielsen stated the feasibility reports for the Mill Street trail segment in Shorewood and the Galpin
Lake Road trail segment are being done. He then stated he spoke with a couple of people from Hennepin
County and they felt the grant for the Mill Street feasibility study should hold. It would pay for part of the
cost for the feasibility study. The Planning Commission will do its trail walk during a special meeting on
September 10.
Mayor Zerby stated he attended three Minnesota Night to Unite gatherings – one by Star Circle, one by
Harding Lane and one by Wedgewood Road. All were in areas near Smithtown Road. All of the residents he
spoke with were very excited about the Smithtown Road sidewalk project and all asked when the same thing
would happen on the east end of Smithtown Road. All were willing to have that segment be located on the
north side of Smithtown Road. They did not mind if the trail crossed over to the other side at Eureka Road at
the LRT intersection.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
August 12, 2013
Page 12 of 12
Other
Director Nielsen stated he met with the Metro Bowhunters Resource Base (MBRB) hunt coordinators about
the 2013 deer harvest. For 2013 there will be two new sites added; one near Edgewood Road and one in the
southeast area of the City around the corner on Silver Lake Road. There is an orientation meeting scheduled
for September 19 and the first harvesting will begin on September 20.
Director DeJong stated staff had a preliminary meeting with Ehlers about the rate studies. Preliminary
recommendations will be made to Council in September. He then stated he had a preliminary meeting via
phone with Springbrook about the new financial system. The payroll component will go live by the end of
the year. The general ledger component will go live the beginning of 2014. The utility billing component will
go live by April 1.
Engineer Hornby stated the Silver Lake outlet structure has been installed. The contractor has some
restoration work remaining on the roadway pavement and a portion of the old weir structure needs to be
removed when the lake level goes down. He then stated one of the speed awareness display signs has been
put up along Country Club Road and the other should be put up in the next few days. The programming of
the signs is being worked on. He went on to state Metropolitan Council Environmental Services (MCES) is
holding a public information meeting to talk about its Excelsior Boulevard forcemain upgrade project on
August 14 at 5:30 P.M. at the corner of Manor Heights Road and Excelsior Boulevard. If there is inclement
weather it will be held in the project field office.
B. Mayor and City Council
Councilmember Siakel stated there is a joint meeting of the Excelsior Fire District member City Councils
scheduled for August 14 at 6:00 P.M. to talk about the proposed 2014 EFD Budget.
Mayor Zerby stated he attended the ground breaking for new Hennepin County library in the City of
Excelsior. The library is scheduled to open in November 2014.
13. ADJOURN
Woodruff moved, Sundberg seconded, Adjourning the City Council Regular Meeting of August 12,
2013, at 8:41 P.M. Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
ATTEST:
Scott Zerby, Mayor
Jean Panchyshyn, City Clerk
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C O U N C
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- AUGUST 26,
2013
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8/26/13
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General
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GODRUFF, RICHARD
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Council.
36.7_2
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36.72
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101 General Fund 3,083.91
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ATAL PACES: 1
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#3B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Resolution Approving Lease Agreement with Minnetonka School District
Meeting Date: August 26, 2013
Prepared by: Jean Panchyshyn, City Clerk
CC: Bill Joynes, City Administrator; Tim Keane, City Attorney
Attachments: Lease Agreement, Resolution
Policy Consideration: Consider an Election Equipment Lease Agreement with Minnetonka School District
Background: At its August 12, 2013, meeting, the City Council approved the Election Equipment Lease
Agreement with Hennepin County for the digital scan precinct counters, Model DS200, and the
AutoMARK Voter Assist Terminals, and all related hardware and services.
It was noted that the city is responsible for the maintenance of the equipment at a current cost of
$187/year for each DS200 and $160/year for each AutoMARK. The city will lease five (5) Model DS200
counters and five (5) AutoMARK terminals, and all related hardware and services, for use in absentee
voting and on Election Day.
It was also noted that the Minnetonka School District contacted the city to share use of this equipment
for its elections in the odd-years. An Agreement for this use is attached. It is common practice to share
equipment between school districts and cities, but this will be the first time the city will collaborate with
the school district on sharing election equipment. During the odd-years, the school district will have all
responsibilities for the equipment, including the maintenance costs for that year. For 2013, the
maintenance is not required on the digital scan DS200 precinct counter, as it is new equipment still
under warranty; therefore, the School District will only be responsible for the AutoMARK maintenance,
at a cost of $800 for the five (5) machines.
Financial or Budget Considerations:The school district will be responsible for the maintenance of the
equipment during odd-years, at a current cost of $187/DS200/year, and $160/AutoMARK/year. For
2013, only the AutoMARK maintenance will be required, as the DS200 is under warranty.
Options: 1) Approve the Agreement as provided; or
2) Do not approve
Recommendation / Action Requested: A motion to adopt a Resolution authorizing the Mayor and City
Administrator to execute Lease Agreement between the City of Shorewood and Minnetonka School
District #276.
Next Steps and Timelines: The Agreement will be sent to the School District for its Board approval.
Connection to Vision / Mission: Supports quality public services and sound financial management.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
City of Shorewood and Minnetonka School District 276
LEASE AGREEMENT
THIS AGREEMENT, made by and between the City of Shorewood and the
Minnetonka School District 276, both political subdivisions of the State of Minnesota,
hereinafter referred to as the “City” and the “School District” respectively. For purposes
of this Agreement, the address of the City is 5755 Country Club Road, Shorewood, MN
55331 and the address of the School District is 5621 County Road 101, Minnetonka,
MN 55345.
WITNESSETH
WHEREAS, the City entered into a lease with Hennepin County (“County”) dated
August 12, 2013, in which the City leased from the County Assisted Voting Technology
(AVT) equipment, digital scan voting equipment, and election hardware and services
(“County Lease”).
WHEREAS, the County Lease provides that the City may sublease to the School
District the Digital Scan Voting equipment and AVT equipment, as defined in Section 1,
for use in School District elections.
WHEREAS, the School District desires to sublease from the City some of the
Election Equipment and AVT Equipment, as defined in Section 1, for use in School
District elections.
NOW THEREFORE, in consideration of the mutual undertakings and
agreements hereinafter set forth, the City and the School District agree as follows:
Section 1
SCOPE OF AGREEMENT
1.1 The City hereby leases to the School District at the cost identified below and
subject to the terms and conditions of this Agreement, and the School District
hereby agrees to lease from the City election equipment identified as: five (5)
DS200 Digital Scan Precinct Count Units and five (5) DS200 Plastic Ballot Boxes
(the “Election Equipment”) for polling places contained within the School District.
1.2 The City hereby leases to the School District subject to the terms and conditions
of this Agreement, and the School District hereby agrees to lease from the City
AVT Equipment identified as: five (5) AutoMARK Voter Assist Terminals and five
(5) ES&S AutoMARK Tables with adjustable legs (“AVT Equipment”) for polling
places contained within the School District.
1.3 Subject to the terms and conditions of this Agreement, the parties may agree by
written addendum executed by all the parties to increase or decrease the
Page 1 of 7
Election Equipment and AVT Equipment included within the scope of this
Agreement.
1.4 In exchange for use of the Election Equipment and AVT Equipment the School
District shall pay to the City, for the first year of this Agreement, a lump sum of
$800.00 due and payable on October 1, 2013. At the beginning of each
subsequent Agreement year, on October 1, the School District shall pay to the
City a lump sum amount equal to the annual maintenance fee the City pays for
each piece of equipment leased by the School District.
Section 2
OWNERSHIP
2.1 The School District acknowledges that the County owns the Election Equipment
and AVT Equipment and that the School District is authorized to use said
Election Equipment and AVT Equipment for official election related purposes.
Use of the Election Equipment and AVT Equipment for any other purpose is
strictly prohibited absent express written consent of the City.
2.2 The School District acknowledges and agrees that the Election Equipment and
AVT Equipment may contain proprietary and trade secret information that is
owned by a third party and is protected under state and federal copyright law or
other laws, rules, regulations and decisions. The School District shall protect and
maintain the proprietary and trade secret status of the Election Equipment and
AVT Equipment.
Section 3
HANDLING OF EQUIPMENT AND INDEMNIFICATION
3.1 The School District shall be responsible for the Election Equipment and AVT
Equipment while it is in the School District’s custody, possession or control. The
School District, either through insurance or a self-insurance program, shall be
responsible for all costs, fees, damages and expenses including but not limited to
personal injury, storage, damage, repair and/or replacement of the Election
Equipment and AVT Equipment while it’s in the School District’s custody and this
Agreement is in effect, consistent with the School District’s defense and
indemnity obligations contained in Section 7.6 herein.
3.2 The School District shall be responsible for the transporting of the Election
Equipment and AVT Equipment from and to the City. The School District shall be
responsible for all costs, including but not limited to shipping, related to the repair
or replacement of lost, stolen, destroyed or damaged Election Equipment and
AVT Equipment.
3.3 The Election and AVT Equipment shall be stored at the City. The School District
shall arrange to pick up the Election and AVT Equipment no more than 24 hours
Page 2 of 7
prior to the beginning of School District voting for each election. The School
District shall return the Election and AVT Equipment to the City no more than 24
hours after the end of School District voting for each election. The School District
may arrange to pick up one set of voting equipment, 1 DS200 Digital Scan
Precinct Count Units, 1 DS200 Plastic Ballot Boxes, 1 AutoMARK Voter Assist
Terminals, and 1 ES&S AutoMARK Tables with adjustable legs, approximately
six weeks prior to each election to be used for absentee voting. The equipment
picked up for absentee voting must be returned within 24 hours of the end of
School District voting for each election.
Section 4
TERM, TERMINATION
4.1 This Agreement commences October 1, 2013 and expires September 30, 2014.
Thereafter, this Agreement shall automatically renew for additional one year
st
periods unless either party notifies the other party, on or before August 1 of that
year, of its intention not to renew. Termination of this Agreement by the School
District shall not relieve the School District of any duties or obligations hereunder
including but not limited to the obligation to pay amounts due and payable. Upon
expiration or any termination of this Agreement, the School District shall return
the Election Equipment and/or AVT Equipment within a reasonable time and in
good operating condition except for routine wear and tear.
Section 5
MAINTENANCE
Maintenance.
5.1 The City has entered into agreements for the maintenance of the
Election Equipment and the AVT Equipment. The School District shall
immediately report any maintenance issues to the City. The City shall arrange
for the performance of all maintenance for the Election and AVT Equipment.
5.2 The School District agrees not to make any repairs, changes, modifications or
alterations to the Election Equipment or AVT Equipment.
5.3 After reasonable notice, the City shall have the right to enter into and upon the
premises where the Election Equipment and AVT Equipment is located for the
purposes of inspecting the same or observing its use. On an annual basis,
during the term of this Agreement, the School District shall comply with the City’s
request for verification of Election Equipment and AVT Equipment inventory.
Section 6
PROGRAMMING AND ACCUMULATION
Page 3 of 7
Programming
6.1. The School District will work directly with the County in regards
for programming. The City will not be responsible for programming the Election
Equipment or AVT Equipment for School District use. The School District is
responsible for any programming costs.
Section 7
OTHER TERMS AND CONDITIONS
No Waiver.
7.1 No delay or omission by either party hereto to exercise any right or
power occurring upon any noncompliance or default by the other party with
respect to any of the terms of this Agreement shall impair any such right or power
or be construed to be a waiver thereof unless the same is consented to in writing.
A waiver by either of the parties hereto of any of the covenants, conditions, or
agreements to be observed by the other shall not be construed to be a waiver of
any succeeding breach thereof or of any covenant, condition, or agreement
herein contained. All remedies provided for in this Agreement shall be
cumulative and in addition to, and not in lieu of, any other remedies available to
either party at law, in equity, or otherwise.
Governing Law.
7.2 This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
Entire Agreement.
7.3 It is understood and agreed that the entire Agreement
between the parties is contained herein and that this Agreement supersedes all
oral agreements and negotiations between the parties relating to the subject
matter hereof.
All items referred to in this Agreement are incorporated or attached and are
deemed to be part of this Agreement. Any alterations, variations, modifications,
or waivers of provisions of this Agreement shall only be valid when they have
been reduced to writing as an amendment to this Agreement signed by the
parties hereto.
No Assignment.
7.4 Neither party shall assign, sublet or transfer this Agreement,
either in whole or in part, without the prior written consent of the other party, and
any attempt to do so shall be void and of no force and effect.
No Warranty.
7.5 CITY IS PROVIDING THE ELECTION EQUIPMENT AND AVT
EQUIPMENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER.
THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF
FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON-
INFRINGEMENT, NO WARRANTY REGARDING THE USE OF THE
INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED.
Pursuant to the foregoing, the School District agrees that the City is furnishing
the Election and AVT Equipment on an “as is” basis, without representation or
Page 4 of 7
any express or implied warranties, including but not limited to, fitness for
particular purpose, merchantability or the accuracy and completeness of the
Election Equipment or AVT Equipment. The City does not warrant that the
Election Equipment and/or AVT Equipment will be error free. The City disclaims
any other warranties, express or implied, respecting this agreement or the
Election or AVT Equipment.
The School District’s exclusive remedy and the City’s sole liability for any
substantial defect which impairs the use of the Election Equipment and/or AVT
Equipment for the purposes stated herein shall be the right to terminate this
Agreement.
7.6 IN NO EVENT SHALL THE CITY BE LIABLE FOR ACTUAL, DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES (EVEN IF
THE CITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE)
OR LOSS OF PROFIT, LOSS OF BUSINESS OR ANY OTHER FINANCIAL
LOSS OR ANY OTHER DAMAGE ARISING OUT OF PERFORMANCE OR
FAILURE OF PERFORMANCE OF THIS AGREEMENT BY THE CITY.
The City and the School District agree each will be responsible for their own acts
and omissions under this Agreement and the results thereof including but not
limited to the acts or omissions of the party’s subcontractors, employees and
other personnel and shall to the extent authorized by law defend, indemnify and
hold harmless the other party from any liability, claims, causes of action, costs or
expenses resulting directly or indirectly from such acts and/or omissions. Each
party shall not be responsible for the acts, errors or omissions of the other party
under the Agreement and the results thereof. The parties’ respective liabilities
shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota
Statutes Chapter 466, and other applicable law. The statutory limits of liability for
some or all of the parties may not be added together or stacked to increase the
maximum amount of liability for any party. This paragraph shall not be construed
to bar legal remedies one party may have for the other party’s failure to fulfill its
obligations under this Agreement. Nothing in this Agreement constitutes a
waiver by the School District or City of any statutory or common law defenses,
immunities, or limits on liability.
Notice.
7.7 Any notice or demand shall be in writing and shall be sent registered or
certified mail to the other party addressed as follows:
To the City: City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
To the School District: Minnetonka School District
5621 County Road 101
Minnetonka, MN 55345
Page 5 of 7
Audit Provision.
7.8 Both parties agree that either party, the State Auditor, or any of
their duly authorized representatives at any time during normal business hours,
and as often as they may reasonably deem necessary, shall have access to and
the right to examine, audit, excerpt, and transcribe any books, documents,
papers, records, etc., which are pertinent to the accounting practices and
procedures of the other party and involve transactions relating to this Agreement.
Such materials shall be maintained and such access and rights shall be in force
and effect during the period of the contract and for six (6) years after its
termination or cancellation.
Whereas Clauses.
7.9 The matters set forth in the “Whereas” clauses on page one
of this Agreement are incorporated into and made a part hereof by this reference.
Survival of Provisions.
7.10 It is expressly understood and agreed that the
obligations and warranties of the School District and City hereof shall survive the
completion of performance and termination or cancellation of this Agreement.
Authority.
7.11 The person or persons executing this Lease Agreement on behalf of
the School District and City represent that they are duly authorized to execute
this Lease Agreement on behalf of the School District and the City and represent
and warrant that this Lease Agreement is a legal, valid and binding obligation
and is enforceable in accordance with its terms.
7.12 The parties shall comply with applicable law including but not limited to the
provisions of the Minnesota Government Data Practices Act, Minnesota Statutes,
.
Chapter 13 (MGDPA)
THE REMAINDER OF THIS PAGE IS BLANK.
Page 6 of 7
AUTHORIZATION
CITY OF SHOREWOOD
STATE OF MINNESOTA
__________________________________
Scott Zerby, Mayor
__________________________________
Bill Joynes, City Administrator
MINNETONKA SCHOOL DISTRICT
By:
Its:
And:
Its:
Page 7 of 7
CITY OF SHOREWOOD
RESOLUTION NO. 13-___
A RESOLUTION APPROVING A LEASE AGREEMENT FOR USE OF
ELECTION EQUIPMENT BETWEEN THE
CITY OF SHOREWOOD AND MINNETONKA SCHOOL DISTRICT #276
WHEREAS
, Hennepin County has purchased new election equipment for a countywide
digital scan voting system; and
WHEREAS
, the City of Shorewood will lease one unit of election equipment for each
precinct and for use in absentee voting in the City of Shorewood; and
WHEREAS
, the Minnetonka School District #276 has requested use of the City of
Shorewood Election equipment for its elections during the odd-years, and agrees to all
responsibilities for the equipment during the odd-year School District Elections;
NOW, THEREFORE BE IT RESOLVED
by the City Council of the City of
Shorewood, Minnesota:
That the Mayor and City Administrator are authorized to execute the Lease
Agreement with Minnetonka School District#276 for election equipment use in
odd-year School District elections.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 26th
day of August, 2013.
Scott Zerby, Mayor
ATTEST:
br
Jean Panchyshyn, City Clerk
#3C
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Accept Final Improvements for 2012 Lift Station 5 and 6 Rehabilitation Project,
City Project 12-06
Meeting Date: August 26, 2013
Prepared by: Larry Brown, Director of Public Works
Reviewed by: Jean Panchyshyn, City Clerk
Attachments: Site Location Map, Resolution Accepting Final Improvements
Background: On August 13, 2012, the Shorewood City Council awarded the contract for the
rehabilitation of Lift Stations 5 and 6, as shown on the site location map as Attachment 1.
The improvements have been completed and are ready for acceptance. The original contract amount
for construction was $316,832.15 with the final construction amount of $315,914.75.
Staff would like to take this opportunity to highlight the excellent service in which Minger Construction
performed these projects under tight working conditions.
The Contractor has provided the necessary operations and maintenance manuals, and will be submitting
the following items, prior to staff releasing payment.
1.IC-134 Withholding Certificates (Contractor and subcontractors)
2.Consent of Surety final payment
3.Contractors Affidavit of Payment of Debts and Claims
4.Contractors Lien Waiver
5.2 year Warranty Bonds
Financial or Budget Considerations: This will complete the financial obligation of this contact by the City.
Recommendation / Action Requested: Staff is recommending approval of the resolution that accepts
final improvements, contingent upon receipt of the documents listed above.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD
RESOLUTION NO. 13-___
A RESOLUTION ACCEPTING THE 2012 LIFT STATIONS 5 AND 6
REHABILITATION PROJECT AND AUTHORIZING FINAL PAYMENT,
CITY PROJECT 12-06
WHEREAS
, on August 13, 2012, the City Council of the City of Shorewood
entered into a contract with Minger Construction, Inc., for City Project No.12-06, for the
2012 Lift Stations 5 and 6 Rehabilitation Project; and,
WHEREAS
, the Contractor has petitioned for final acceptance of the project and
final payment based on work performed to date; and,
WHEREAS
, the Director of Public Works has made a final inspection of the
project and recommends acceptance and final payment be made by the City.
NOW, THEREFORE BE IT RESOLVED:
The City hereby does accept the work completed pursuant to said contract and authorizes
final payment to the Contractor, and the two year guarantee shall commence as of the date
of this resolution, subject to the following items:
1. The Contractor furnish the City a two year maintenance bond pursuant to
the contract.
2. The Contractor must make satisfactory showing that he has complied with
the provisions of Minnesota Statutes requiring withholding of State
Income Tax.
3. Evidence in the form of an affidavit that all claims against the Contractor
by reasons of the contract have been fully paid or satisfactorily secured.
th
ADOPTED
by the City Council of the City of Shorewood this 26 day of
August, 2013.
______________________________
SCOTT ZERBY, MAYOR
ATTEST:
___________________________________________
JEAN PANCHYSHYN, CITY CLERK
#3D
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Approval of the Excelsior Fire District (EFD) 2014 Budget
Meeting Date: August 26, 2013
Prepared by: Bruce DeJong, Finance Director
CC: Bill Joynes, City Administrator
Attachments: Fire Chief Gerber memo, EFD 2014 Budget documents
Background:
At its August 14, 2013, regular meeting, the Excelsior Fire District Board recommended the attached 2014
Budget for the EFD be forwarded to member city councils for approval. Police Chief Gerber has provided
the attached memo and Budget documents for council’s review and approval.
Council Action:
A Motion to approve the 2014 Excelsior Fire District Budget as provided.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy
environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through
effective, efficient, and visionary leadership.Page 1
Jean Panchyshyn
Subject:FW: Excelsior Fire District 2014 Final Recommended Budget
Attachments:EFD 2014 Budget JPA Funding Information August 2013.pdf; EFD 2014 Budget Summary
August 2013.pdf; EFD 2014 Detail Budget August 2013.pdf; EFD 2014 Itemized Budget
August 2013.pdf; EFD 2014 - 2034 CIP Plan August 2013.pdf
From: Scott Gerber
Sent: Monday, August 19, 2013 12:03 PM
Subject: Excelsior Fire District 2014 Final Recommended Budget
Good Afternoon!
Please find attached the FINAL Recommended 2014 Budget. This FINAL Recommended 2014 budget is the final
adjustments based on what we discussed at the EFD Work Session with the Cities and then the subsequent Regular
th
Board meeting on Wednesday, August 14
Recommended Budget Summary
Detail - itemized Operating Budget
Overall Budget
CIP
JPA Funding / City Allocations
Please provide the budget information to your councils for their review and approval. As a reminder, according to the
JPA all cities need to approve the budget by September 15, 2013.
Please contact me with any questions or concerns.
Have a great day!
Scott
Scott Gerber, Fire Chief
Excelsior Fire District
24100 Smithtown Road
Shorewood, MN. 55331
Phone: 952-960-1650
Fax: 952-960-1690
E-mail: sgerber@excelsiorfire.org
"The unauthorized disclosure or interception of e-mail is a federal crime. See 18 U.S.C SEC. 2517(4). This e-mail is
intended only for the use of those whom it is addressed and may contain information which is privileged, confidential and
exempt from disclosure under the law. If you have received this e-mail in error, do not distribute or copy it. Return it
immediately to the sender with attachments, if any, and notify the sender by telephone."
1
r l l
Subject: FW: Alan Yelsey City Council Presentation Aug 26
Attachments: Ethylenediaminetetraacetic acid.docx; Ethanol.docx; tcp.docx; ffac_120707
_commentJpr_triclopyr. pdf
From: Alan Yelsey [mailto:a.velseyCn�gmail.com]
Sent: Tuesday, August 20, 2013 10:30 AM
Subject: Alan Yelsey City Council Presentation Aug 26
Dear Shorewood City Council and Staff:
I will be speaking to you on August 26th about how the City protects itself from harmful or potentially harmful
chemical contaminants that come from residents, commercial vendors, visitors or from the City operations. The
only objective I have is to protect the residents of Shorewood from hazardous chemicals in the drinking water,
in the surface and subsurface waters, in the soil, and in the air. Obviously, the ultimate objective is to protect the
people and ecosystems of Shorewood. Shorewood is perhaps more vulnerable to certain pollutants than other
communities because of its high water table, large number of bodies of water, and its soil and rock
characteristics.
I would like the City to adopt reasonably stringent and enforced standards that restrict the potential for chemical
harm. I do not believe adequate protections are in place in statute or enforcement or guidelines. I am aware of a
City application of a chemical herbicide with the trade name Garlon 3A that was applied in June to Freeman
Park. That herbicide, and there are many more herbicides and fungicides like it, is hazardous and should not be
used without strong documented cause, and without public notification and feedback. I believe we should not
be using Garlon 3A as it was applied and I believe it has now become a health hazard for the people in the
surrounding area. I suspect residents, commercial vendors and the City are applying chemicals that will cause
harm to the people and ecology of Shorewood, and I believe we should adopt a thoughtful and protective stance
to minimize harm from chemicals.
I have numerous documents that support my statements and will attach just a few for your review. If anyone
would like to speak with me, I can always be reached at 612.616.5430 or by email at a.yelseyCi),Pmail.com
Sincerely,
Alan Yelsey
26335 Peach Circle
0
Alan Yelsey, CEO
KVS, Portolanos LLC, YWorlds
612.616.5430 cell
a.yelsey a gmail.com
Ethylenediaminetetraacetic acid
From Wikipedia, the free encyclopedia
(Redirected from EDTA)
Jump to: navigation, search
"EDTA" redirects here. For other uses, see EDTA disambi uation .
)✓thylengdiaminetetraacetic acid
0
HO
OH
X '
q
0
Systematic name[hide'I
2- ((2- [Bis(earboxymethyl) amino] ethyl )(carboxymethyl)amino)acetic
acid
Other names hide
• Diaminoethane- tetraaectic acid
• Edetic acid
• Ethylenedinitrilo- tetraacetic acid
• Versene
Identifiers
Abbreviations EDTA, HaEDTA
CAS number
06 00 -4 V
pu Chem
6049
C ctnSpidcr
5826 `
UNIT:
9G34111713V0 J
EC number
200 -449 -4
UN number
3077
DrueBank
D1100974
KEGG
D000.52 �/
McSH
EEe ic+Acid
CII BI
Cl dEB1:42191 d
ChEMBI,
Cl IEMBL858 V
RTEC7S number
AH4025000
ATC code
V03AB03
Beilstein Reference
1716295
Gmelin Reference
144943
Inge i
Jm21-3D images
I mace 2
SMILES
Lshowl
InChJ
LS ewl
_ Properties
Molecular formula
ClOH16N2O8
Molar mass
292.24 g mol -'
Appearance
Colourless crystals
Densitv
860 mg ml r (at 20 °C)
1003
-0.836
Acidity (pK,)
1.782
Basich (pKs)
12.215
-
Thermocfiemistrp
Sid enthalpv of
formation ArH'29s
_1.7654 -- 7.7580 MJ mol —I
S%d enLhqlz of
combustion A�H',,8
-4.4617-4.4545 MJ mol -I
Pharmacology:
NFPA 704
W
I,
IUso 2.580 g kg-1 (oral, rat)
Related compounds,
Related alkanoic acids
• Dammozide
• Octonine
• Triethylenetctr na line
Related compounds • Tetraacetvleth lenediamine
• PMDTA
" • Bis -iris nronane
'f verif (what is: %//X ?)
Except where noted otherwise, data are given for materials in their
standard state (at 25 °C- 100 kPal
Infobox references
Ethylenediaminetetraacetic acid, widely abbreviated as EDTA (for other names, see Table), is a
polyamino carboxylic acid and a colourless, water- soluble solid. Its conjugate base is named
ethylenediaminetetraacetate. It is widely used to dissolve limescale. Its usefulness arises because of its
role as a hexadentate ( "six- toothed ") li =and and chelating agent, i.e. its ability to "sequester" metal ions
such as Ca" and Fe ". After being bound by EDTA, metal ions remain in solution but exhibit diminished
reactivity. EDTA is produced as several salts, notably disodium EDTA and calcium disodium EDTA.
Contents
• 1 Synthesis
• 2 Nomenclature
• 3 Coordination chemistryTrincip ( es
• 4 Uses
0 4.1 Industry
0 4.2 Medicine
0 4.3 Cosmetics
0 4.4 Laboratory aoplications
• 5 Toxicity and environmental considerations
• 6 Methods of detection and analysis
• 7 See also
• 8 References
• 9 External links
Synthesis
The compound was first described in 1935 by Ferdinand Munz, who prepared the compound from
ethylenediamine and chloroacetic acid.0 Today, EDTA is mainly synthesised from ethylenediamine (1,2-
diaminoethane), formaldehyde, and sodium cyanide.L21 This route yields the sodium salt, which can be
converted in a subsequent step into the acid forms:
H2NCH2CH2NH2 + 4 CH2O + 4 NaCN + 4 H2O (Na02CCH2)2NCH2CH2N(CH2CO2Na)2 + 4
NH3
(NaO2CCH2)2NCH2CH2N(CH,CO2Na)2 + 4 HCI — (HO2CCH2)2NCH2CH2N(CH2CO2H)2 + 4
NaCl
In this way, about 80M kilograms are produced each year. Impurities cogenerated by this route include
glycine and ninilotciacetic acid; they arise from reactions of the ammonia coproduct.0
Nomenclature
To describe EDTA and its various protonated forms, chemists distinguish between EDTA " -, the coniutate
base that is the ligand, and H,EDTA, the precursor to that ligand. At very low pH (very acidic conditions)
the fully protonated H6EDTA2= form predominates, whereas at very high pH or very basic condition, the
fully deprotonated Ya- form is prevalent. In this article, the term EDTA is used to mean H,xEDTA'-,
whereas in its complexes EDTA" stands for the tetra- deprotonated ligand.
Coordination chemistry principles
e�
C
0
Metal -EDTA chelate
In coordination chemistry, EDTA " - is a member of the po_lyamino carboxylic acid family of ligands.
EDTA" usually binds to a metal cation through its two amines and four carboxylates. Many of the resulting
coordination compounds adopt octahedral eeometry. Although of little consequence for its applications,
these octahedral complexes are chiral. The anion [Co(EDTA)] has been resolved into enantiomers Ld Many
complexes of EDTA'- adopt more complex structures due to (i) the formation of an additional bond to
water, i.e. seven - coordinate complexes, or (ii) the displacement of one carboxylate arm by water. Ferric
complex of EDTA is seven - coordinate L" Early work on the development of EDTA was undertaken by
Gerold Schwarzenbach in the 1940s lrt EDTA forms especially strong complexes with Mn(II), Cu(II),
Fe(III), Pb (II) and Co(III).ttl
Several features of EDTA's complexes are relevant to its applications. First, because of its high denticity,
this ligand has a high affinity for metal cations:
[Fe(H2O)61" + HbEDTA [Fe(EDTA)1 + 6 H2O + 4 H' (K „a = 10251)
Written in this way, the equilibrium quotient shows that metal ions compete with protons for binding to
EDTA. Because metal ions are extensively enveloped by EDTA, their catalytic properties �rties are often
suppressed. Finally, since complexes of EDTA” are anionic, they tend to be highly soluble in water. For
this reason, EDTA is able to dissolve deposits of metal oxides and carbonates.
Uses
Industry
In industry, EDTA is mainly used to sequester metal ions in aqueous solution. In the textile industry, it
prevents metal ion impurities from modifying colours of dyed products. In the pulp and paper industry,
EDTA inhibits the ability of metal ions, especially Mn", from catalyzing the dispro ortionation of
hydrogen peroxide, which is used in "chlorine free bl,eachpng." In a similar manner, EDTA is added to
some food as a rep 'servative or stabilizer to prevent catalytic oxidative decoloration, which is catalyzed by
metal ions .u' In soft drinks containing ascorbic acid and sodium benzoate EDTA mitigates formation of
benzene (a carcinogen) 0
The reduction of water hardness in laundry applications and the dissolution of scale in boilers both rely on
EDTA and related complexants to bind Ca'", Mgz +, as well as other metal ions. Once bound to EDTA,
these metal centers tend not to form precipitates or to interfere with the action of the soaps and detergents.
For similar reasons, cleaning solutions often contain EDTA.
The solubilization of ferric ions, at or below near neutral pH can be accomplished using EDTA. This
property is useful in agriculture including hydroponics. However, given the pH dependence of ligand
formation, EDTA is not helpful for improving Fe solubility in above neutral soils.0 Otherwise, at near-
neutral pH and above, iron(III) forms insoluble salts, which are less bioavailable to susceptible plant
species. Aqueous [Fe(edta)]' is used for removing ( "scrubbing ") hh den sulfide from gas streams. This
conversion is achieved by oxidizing the hydrogen sulfur to elemental sulfur, which is non - volatile:
2 [Fe(edtaff + HiS > 2 [Fe(edta)]' -+ S + 2 H'
In this application, the ferric center is reduced to its ferrous derivative, which can then be reoxidized by air.
In similar manner, nitrogen oxides are removed from gas streams using [Fe(edta)]2-. The oxidizing
properties of [Fe(edta)]' are also exploited in photography, where it is used to solubilize silver particles.0
EDTA was used in the separation of the lanthanide metals by ion - exchange chromatography. Perfected by
F.H. Spedding et al. in 1954, the method relies on the steady increase in stability constant of the lanthanide
EDTA complexes with atomic number. Using sulfonated polystyrene beads and copper(II) as a retaining
ion, EDTA causes the lanthanides to migrate down the column of resin while separating into bands of pure
lanthanide. The lanthanides elute in order of decreasing atomic number. Due to the expense of this method,
relative to counter- current solvent extraction, ion - exchange is now used only to obtain the highest purities
of lanthanide (typically greater than 4N, 99.99 %) t "'4f " "zda`s
Medicine
EDTA is used to bind metal ions in the practice of chelation therapy, e.g., for treating mercury and lead
poisoninv. " It is used in a similar manner to remove excess iron from the body. This therapy is used to
treat the complication of repeated blood transfusions, as would be applied to treat thalassaemia. The U.S.
FDA approved the use of EDTA for lead poisoning J121 on July 16, 1953, under the brand name of
Versenate,13 I which was licensed to the pharmaceutical company Riker. Alternative medical practitioners
believe EDTA acts as a powerful antioxidant to prevent free radicals from injuring blood vessel walls,
therefore reducing atherosclerosis.tL41 The U.S. FDA has not approved it for the treatment of
atherosclerosis.1151
Dentists and endodontists use EDTA solutions to remove inorganic debris (smear layer) and lubricate the
canals in endodontics. This procedure helps prepare root canals for obturation. Furthermore, EDTA
solutions with the addition of a surfactant loosen up calcifications inside a root canal and allow
instrumentation (canals shaping) and facilitate apical advancement of a file in a tight/calcified root canal
towards the apex. It serves as a preservative (usually to enhance the action of another preservative such as
benzalkonium chloride or thiomersal) in ocular preparations and eyedrops.tis1 In evaluating kidney
function, the complex [Cr(edta)]- is administered intravenously and its filtration into the urine is monitored.
This method is useful for evaluating tdomerular filtration rate. "1
EDTA is used extensively in the analysis of blood. It is an anticoagulant for blood samples for CBC /FBEs.
Laboratory studies also suggest that EDTA chelation may prevent collection of platelets on the lining of the
vessel [such as arteries] (which can otherwise lead to formation of blood clots, which itself is associated
with atheromatous plaque formation or rupture, and thereby ultimately disrupts blood flow). These ideas
have so far been proven ineffective;"" however, a major clinical study of the effects of EDTA on coronary
arteries is currently (2008) proceeding."" EDTA played a role in the O.J. Simpson trial when the defense
alleged that one of the blood samples collected from Simpson's estate was found to contain traces of the
compound.L2'l
EDTA is a slime dispersant, and has been found to be highly effective in reducing bacterial growth during
implantation of intraocular lenses (IOLs).Ftl
Cosmetics
In shampoos, cleaners and other personal care products EDTA salts are added as a sequestering agent to
improve their stability in air. 1221
Laboratory applications
In the laboratory, EDTA is widely used for scavenging metal ions: In biochemistry and molecular biology,
ion depletion is commonly used to deactivate metal- dependent enzymes, either as an assay for their
reactivity or to suppress damage to DNA or proteins In analytical chemistry, EDTA is used in
complexometrie titrations and analysis of water hardness or as a masking agent to sequester metal ions that
would interfere with the analyses. EDTA finds many specialized uses in the biomedical laboratories, such
as in veterinary ophthalmology as an antjcolla eig rase to prevent the worsening of corneal ulcers in animals.
In tissue culture EDTA is used as a chelating agent that binds to calcium and prevents joining of cadherins
between cells, preventing clumping of cells grown in liquid suspension, or detaching adherent cells for
ap ssaeing. In histopathology, EDTA can be used as a decalcifying agent making it possible to cut sections
using a microtome once the tissue sample is demineralised. EDTA is also known to inhibit a range of
metallopeptidases, the method of inhibition occurs via the chelation of the metal ion required for catalytic
activity. 2a EDTA can also be used to test for bioavailability of heavy metals in sediments.
Toxicity and environmental considerations
EDTA is in such widespread use that questions have been raised whether it is a persistent organic pollutant.
Research indicates that under many conditions, EDTA is fully biodegradable. However, when simulating
certain non - optimal degradation conditions (high pH), less than 1% of the EDTA was degraded instead to
ethylenediaminetriacetic acid, which can then cyciize to 3- ketopiperazine- N,N- diacetate, a cumulative,
persistent, organic chemical with unknown effects on the environment?" An alternative chelating agent
with fewer environmental pollution implications is EDDS.
EDTA exhibits low acute toxicity with LD," (rat) of 2.0 —2.2 g/kg.111 It has been found to be both c otoxic
and weakly genotoxic in laboratory animals. Oral exposures have been noted to cause reproductive and
developmental effects. 22 The same study by LaniganU2i also found that both dermal exposure to EDTA in
most cosmetic formulations and inhalation exposure to EDTA in aerosolized cosmetic formulations would
produce exposure levels below those seen to be toxic in oral dosing studies.
Methods of detection and analysis
The most sensitive method of detecting and measuring EDTA in biological samples is selected-reaction-
monitoring capillary- electro hn oresis mass - spectrometry (abbreviation SRM- CE /MS), which has a detection
limit of 73 ng/mL in human plasma and a uuantitation limit of 15 ng/mL."" This method works with
sample volumes as small as —7 -8 nL Y�"
EDTA has also been measured in non - alcoholic beverages using high performance liquid chromatography
(HPLC) at a level of 2.0 µg/mL. [271f281
See also
• BAPTA
• DTPA
• EGTA
References
1. A F. Manz "Polyamino carboxylic acids to 1. G. Farbenindustrie, DE 718 981, 1935; US 2 130
505, 1938.
2. A Synthesis of EDTA
3 ^ ° n- J Roger Hart "Ethylenediaminetetraacetic Acid and Related Chelating Agents" in Ullmann's
Encyclopedia of Industrial Chemistry, Wiley -VCH, Weinheim,
2005.doi:10.1002/14356007.a10 095
4. A Kirchner, S. Barium (Ethylenediaminetetracetato) Cobalt(III) 4- Hydrate" Inorganic Syntheses,
1957, Volume 5, pages 186 -188. doh 10. .002/9780470132364.ch52
5. A J. M. Ltipez- Alcald, M. C. Puerta- Vizcaino, F. Gonz6lez- Vllchez, E. N. Duesler and R. E.
Tapscott "A redetermination of sodium aqua[ ethylenedianinetetraacetato (4- )]ferrate(III)
dihydrate, Na[Fe(C10H12N201)(H20)].2Hz0" Aeta Cryst. (1984). C40, 939 -941.
doi: 10. 1 107/SOI 08270184006338
6. A Edta - Mono
7. A Holleman, A. F.; Wiberg, E. (2001). Inorganic Chemistry. San Diego: Academic Press. ISBN 0-
12- 352651 -5.
8. ^ Furia T (1964). "EDTA in Foods - A technical review ". Food Technology 18 (12): 1874 -1882.
9. ^ US Food and Drug Administration: Center for Food Safety and Applied Nutrition Questions and
Answers on the Occurrence of Benzene in Soft Drinks and Other Beveraees
10. ^ Norvell and Lindsay, "Reactions of EDTA Complexes of Fe, Zn, Mn, and Cu with Soils L"
11. ^ Ruth DeBusk et al. (2002). "Ehylenediaminetetraacetic acid (EDTA) ". Retrieved 2007- 07 -25.
12. ^ "Calcium Disodium Versenate (Edetate Calcium DisodiumZlnjection I Graceway
Pharmaceuticals, Llel ". Dailymed.nlm.nih.gov. Retrieved 2013- 01 -01.
13. ^ "Drugs(k FDA: FDA Approved Drug Products ". Accessdata.fda.gov. Retrieved 2013- 01 -01.
14. ^ "Home> Medical Reference> Complementary Medicine > EDTA overview". (University of
Maryland Medical Center. Retrieved 16 December 2009.
15. ^ "Postmarket D� Information for patients and Providers > Questions end Answers on
Edetate Disodium marketed as F,ndrate and generipproducts ".Retrieved 16 December 2010.
16. ^ See "les conservateurs en opthalmologie" Doctors Patrice Vo Tan & Yves lachkar, Librarie
Medicate Then.
17. ^ Shirley, D.G., Walter, S.J. and Noormohamed, F.H. (2002). "Natriuretic effect of caffeine:
assessment of segmental sodium reabsorption in humans. ". Clinical Science 103 (5): 461 -466.
doi: 10. 1042/CS2002005 5. PMID 12401 118.
18. ^ Green, Saul; Wallace Sampson (December 14, 2002). "EDTA Chelation Therapy for
Atherosclerosis And Deeenerative Diseases: Implausibility and Paradoxical Oxidant Effects ".
Quackwatch. Retrieved 16 December 2009.
19. ^ "Trial to Assess Chelation Therapy (TACT) - Full Text View ". CliniealTrials.gov. Retrieved
2013- 01 -01.
20. ^ Margolock, David (July 26, 1995). "F.B.I. Disputes Simpson Defense on Tainted Blood ". The
New York Times. pp. Al2. Retrieved 16 December 2009.
21. ^ "Impact of slime dis ep rsants and anti - adhesives on in vitro biofilm formation of Staphylococcus
epidermidis on intraocular lenses and on antibiotic activities ". Jac.oxfordjoumals.org. Retrieved
2013- 01 -01.
22 ^"n - Lanigan RS and Yamarik TA (2002). "Final report on the safety assessment of EDTA,
calcium disodium EDTA, diammoniurn EDTA, dipotassium EDTA, disodium EDTA, TEA -
EDTA, tetrasodium EDTA, tripotassium EDTA, trisodium EDTA, HEDTA, and trisodium
HEDTA". Int J Toxicol. 21 Suppl2: 95 -142. doi: 10. 1080/10915810290096522. PMID 12396676.
23. ^ Dominguez, K; Ward, WS (December 2009). "A novel nuclease activity that is activated by
Ca(2 +) chelated to EGTA ". b}Ntems Biolog ty n Reproductive Medicine 55 (5 -6): 193 -99.
doi:10.3109/19396360903234052.
24. ^ Auld D.S "Removal and replacement of metal ions in metaliopeptidases " Methods Enzymol
(1995) 248, 228 -242.
25. ^ Zhiwen Yuan, Jeanne M. VanBriesen "The Formation of Intermediates in EDTA and NTA
Biodegradation' Environmental Engineering Science 2006, volume 23, pp. 533 -544.
doi: 10. 1089/ees.2006.23.533
26. ^ ° t' Robin L. Sheppard, and Jack Henion (1997). "Determining EDTA in Blood"
Analytical Chemistry 69 (15): 477A -480A. doi:10.1021/ac971726p. PMID 9253241. Retrieved
2007 -07 -25 [11Nktte""alink]
27. ^ S. Loyaux- Lawniczak, J. Douch, and P. Behra (1999). "Optimisation of the analytical detection
of EDTA by HPLC in natural waters ". Fresenius' J Anal. Chem. 364 (8): 727 -731.
doh 10.1007/s002160051422. Retrieved 2007- 07 -25.
28. ^ Carolina E. Cagnasso, Laura B. Lopez, V iviana G. Rodriguez and Mirta E. Valencia (May
2006). "Development and validation of a method for the determination of EDTA in non - alcoholic
drinks by HPLC ". Journal of Food Composition and Analysis 20 (3 -4): 248.
doi:10.1016 /j.ifea.2006.05.008.
External links
• The MEROPS online database for peptidases and their inhibitors: EDTA
• Lanigan RS, Yamarik TA (2002). "Final report on the safety assessment of EDTA, calcium
disodium EDTA, diammonium EDTA, dipotassium EDTA, disodium EDTA, TEA -EDTA,
tetrasodium EDTA, tripotassium EDTA, trisodium EDTA, HEDTA, and trisodium HEDTA ". Int.
J Toxicol. 21 Suppl2: 95 -142, doi: 10. 1080/10915810290096522. PMID 12396676.
• EDTA: Molecule of the Month
• EDTA Determination of'rotal Water Hardness
• EDTA: the chelating agent under environmental scrutiny, Qtthniga Nova _NOV. _Dec. 2003 text
version
• EDTA: the chelating agent under environmental scrutiny, Oufmica Nova. Nov. -Dec., 2003 (PDF
version
Ethanol /I I ,81 .1 71/, also called ethyl alcohol /I i 181::!1 /, pure alcohol,
grain alcohol, or drinking alcohol, is a volatile, flammable, colorless
liquid with the structural formula CH,CH,OH, often abbreviated as C2H6O.
A psychoactive drug and one of the oldest recreational drugs known,
ethanol produces a state known as alcohol intoxication when consumed as
a beverage. Best known as the type of alcohol found in alcoholic
beverages, it is also used in thermometers, as a solvent, and as a fuel. In
common usage, it is often referred to simply as alcohol or spirits.
Contents [hide]
1 Etymology
2 Chemical formula
3 History
4 Properties
4.1 Physical properties
4.2 Solvent properties
4.3 Flammability
5 Production
5.1 Ethylene hydration
5.2 Fermentation
5.2.1 Cellulosic ethanol
5.2.2 Hydrocarbon -based ethanol production
5.3 Testing
6 Purification
6.1 Distillation
6.2 Molecular sieves and desiccants
6.3 Membranes and reverse osmosis
6.4 Other techniques
7 Grades of ethanol
7.1 Denatured alcohol
7.2 Absolute alcohol
7.3 Rectified spirits
8 Reactions
8.1 Ester formation
8.2 Dehydration
8.3 Combustion
8.4 Acid -base chemistry
8.5 Halogenation
8.6 Oxidation
9 Uses
9.1 As a fuel
9.2 Alcoholic beverages
9.3 Feedstock
9.4 Antiseptic
9.5 Treatment for poisoning by other alcohols
9.6 Solvent
9.7 Historical uses
10 Pharmacology
11 Drug effects
11.1 Short -term
11.1.1 Effects on the central nervous system
11.1.2 Effects on metabolism
11.1.3 Drug interactions
11. 1.4 Alcohol and digestion
11, 1.5 Alcohol and gastrointestinal diseases
11.1.6 Magnitude of effects
11.2 Long -term
11.2.1 Birth defects
11.2.2 Other effects
12 Natural occurrence
13 Charts
14 See also
15 References
16 Further reading
17 External links
EtYM010gy[edit source I editbeta]
Ethanol is the systematic name defined by the IUPAC nomenclature of
organic chemistry for a molecule with two carbon atoms (prefix "eth - "),
having a single bond between them (suffix %ane "), and an attached -OH
group (suffix "- 01").[6]
The term 'ethyl' is the Anglicised version of the German word athyl, which
was coined in 1838 by Liebig. It was modeled after the related term
'methyl' both terms originate from Greek, and share the segment'yl', which
is equivalent to 'hyle' meaning stuff. However, the preceding segment
differs - 'eth', is equivalent to'aither', meaning ether. Thus the word 'ethyl'
is a contraction of'aither hyle'.[7] Liebig used the term 'ethyl alcohol' to
distinguish between ethanol and other alcohols.
The term "alcohol" now refers to a wider class of substances in chemistry
nomenclature, but in common parlance it remains the name of ethanol.
Ultimately a medieval loan from Arabic al- ku';:]l,[81 use of alcohol in this
sense is modern, introduced in the mid 18th century. Before that time,
Middle Latin alcohol referred to "powdered ore of antimony; powdered
cosmetic ", by the later 17th century "any sublimated substance; distilled
spirit" use for "the spirit of wine" (shortened from a full expression alcohol
of wine) recorded 1753. The systematic use in chemistry dates to 1850.
Chemical formula[edit source ( editbeta]
Ethanol is a 2- carbon alcohol with the empirical formula C2H6O. Its
molecular formula is CH,CH2OH. An alternative notation is CH,—CHZ —OH,
which indicates that the carbon of a methyl group (CH, —) is attached to the
carbon of a methylene group (— CH, —), which is attached to the oxygen of a
hydroxyl group ( —OH). It is a constitutional isomer of dimethyl ether.
Ethanol is sometimes abbreviated as EtOH, using the common organic
chemistry notation of representing the ethyl group (C2H5) with Et.
HlStory[edit source I editbeta]
For more details on this topic, see Distilled beverage.
The fermentation of sugar into ethanol is one of the earliest
biotechnologies employed by humans. The intoxicating effects of ethanol
consumption have been known since ancient times. Ethanol has been
used by humans since prehistory as the intoxicating ingredient of alcoholic
beverages. Dried residue on 9,000 - year -old pottery found in China implies
that Neolithic people consumed alcoholic beverages.[9]
Although distillation was well known by the early Greeks and Arabs, the
first recorded production of alcohol from distilled wine was by the School of
Salerno alchemists in the 12th century.[1o] The first to mention absolute
alcohol, in contrast with alcohol -water mixtures, was Raymond LUII.[10]
In 1796, Johann Tobias Lowitz obtained pure ethanol by mixing partially
purified ethanol (the alcohol -water azeotrope) with an excess of anhydrous
alkali and then distilling the mixture over low heat.[l11 Antoine Lavoisier
described ethanol as a compound of carbon, hydrogen, and oxygen, and in
1807 Nicolas- Theodore de Saussure determined ethanol's chemical
formula.[12][13] Fifty years later, Archibald Scott Couper published the
structural formula of ethanol. It was one of the first structural formulas
determined.[14]
Ethanol was first prepared synthetically in 1825 by Michael Faraday. He
found that sulfuric acid could absorb large volumes of coal gas.[15] He
gave the resulting solution to Henry Hennell, a British chemist, who found
in 1826 that it contained "sulphovinic acid" (ethyl hydrogen sulfate).[161 In
1828, Hennell and the French chemist Georges -Simon Serullas
independently discovered that sulphovinic acid could be decomposed into
ethanol. [17][18] Thus, in 1825 Faraday had unwittingly discovered that
ethanol could be produced from ethylene (a component of coal gas) by
acid - catalyzed hydration, a process similar to current industrial ethanol
synthesis.[19]
Ethanol was used as lamp fuel in the United States as early as 1840, but a
tax levied on industrial alcohol during the Civil War made this use
uneconomical. The tax was repealed in 1906.[20] Use as an automotive
fuel dates back to 1908, with the Ford Model T able to run on gasoline or
ethanol.[21) It remains a common fuel for spirit lamps.
Ethanol intended for industrial use is often produced from ethylene.[22]
Ethanol has widespread use as a solvent of substances intended for
human contact or consumption, including scents, flavorings, colorings, and
medicines. In chemistry, it is both a solvent and a feedstock for the
synthesis of other products. It has a long history as a fuel for heat and
light, and more recently as a fuel for internal combustion engines.
PCopertieS[edit source I editbeta]
Physical properties[edit source I editbeta]
Ethanol burning with its spectrum depicted
Ethanol is a volatile, colorless liquid that has a slight odor. It burns with a
smokeless blue flame that is not always visible in normal light.
The physical properties of ethanol stem primarily from the presence of its
hydroxyl group and the shortness of its carbon chain. Ethanol's hydroxyl
group is able to participate in hydrogen bonding, rendering it more viscous
and less volatile than less polar organic compounds of similar molecular
weight, such as propane.
Ethanol is slightly more refractive than water, having a refractive index of
1.36242 (at A =589.3 nm and 18.35 °C).[231
The triple point for ethanol is 150 K at a pressure of 4.3 x 10-4 Pa.[24)
Solvent propertieS[edit source I editbeta]
Ethanol is a versatile solvent, miscible with water and with many organic
solvents, including acetic acid, acetone, benzene, carbon tetrachloride,
chloroform, diethyl ether, ethylene glycol, glycerol, nitromethane, pyridine,
and toluene.[23][25] It is also miscible with light aliphatic hydrocarbons,
such as pentane and hexane, and with aliphatic chlorides such as
trichloroethane and tetrachloroethylene.[25}
Ethanol's miscibility with water contrasts with the immiscibility of longer -
chain alcohols (five or more carbon atoms), whose water miscibility
decreases sharply as the number of carbons increases.[26] The miscibility
of ethanol with alkanes is limited to alkanes up to undecane, mixtures with
dodecane and higher alkanes show a miscibility gap below a certain
temperature (about 13 °C for dodecane[271). The miscibility gap tends to
get wider with higher alkanes and the temperature for complete miscibility
increases.
Ethanol -water mixtures have less volume than the sum of their individual
components at the given fractions. Mixing equal volumes of ethanol and
water results in only 1.92 volumes of mixture.[231[281 Mixing ethanol and
water is exothermic, with up to 777 J /mol[29] being released at 298 K.
Mixtures of ethanol and water form an azeotrope at about 89 mole -%
ethanol and 11 mole -% water[301 or a mixture of about 96 volume percent
ethanol and 4% water at normal pressure and T = 351 K. This azeotropic
composition is strongly temperature- and pressure- dependent and
vanishes at temperatures below 303 K.[311
Hydrogen bonding in solid ethanol at -186 °C
Hydrogen bonding causes pure ethanol to be hygroscopic to the extent
that it readily absorbs water from the air. The polar nature of the hydroxyl
group causes ethanol to dissolve many ionic compounds, notably sodium
and potassium hydroxides, magnesium chloride, calcium chloride,
ammonium chloride, ammonium bromide, and sodium bromide.[251 Sodium
and potassium chlorides are slightly soluble in ethanol.[25] Because the
ethanol molecule also has a nonpolar end, it will also dissolve nonpolar
substances, including most essential oils[32] and numerous flavoring,
coloring, and medicinal agents.
The addition of even a few percent of ethanol to water sharply reduces the
surface tension of water. This property partially explains the "tears of wine"
phenomenon. When wine is swirled in a glass, ethanol evaporates quickly
from the thin film of wine on the wall of the glass. As the wine's ethanol
content decreases, its surface tension increases and the thin film "beads
up" and runs down the glass in channels rather than as a smooth sheet.
FlatT mability(edit source I editbetal
An ethanol -water solution that contains 40% ABV (alcohol by volume) will
catch fire if heated to about 26 °C (79 °F) and if an ignition source is
applied to it. This is called its flash point.[33] The flash point of pure ethanol
is 16.60 °C (61.88 °F), less than average room temperature.[34]
The flash points of ethanol concentrations from 10% ABV to 96% ABV are
shown below:[351
• 10% — 49 °C (120 °F)
• 12.5% — about 52 °C (126 °F)
• 20% — 36 °C (97 °F)
• 30% — 29 °C (84 °F)
• 40% — 26 °C (79 °F)
• 50% — 24 °C (75 °F)
• 60% — 22 °C (72 °F)
• 70% — 21 °C (70 °F)
• 80% — 20 °C (68 °F)
• 90 %— 17 °C (63 °F)
• 96% — 17 °C (63 °F)
Alcoholic beverages that have a low concentration of ethanol will burn if
sufficiently heated and an ignition source (such as an electric spark or a
match) is applied to them. For example, the flash point of ordinary wine
containing 12.5% ethanol is about 52 °C (126 °F).[361
ProduCtion[edit source ( editbeta]
94% denatured ethanol sold in a bottle for household use
Ethanol is produced both as a petrochemical, through the hydration of
ethylene and, via biological processes, by fermenting sugars with yeast.[37]
Which process is more economical depends on prevailing prices of
petroleum and grain feed stocks.
Ethylene hydration[edit source I editbeta]
Ethanol for use as an industrial feedstock or solvent (sometimes referred
to as synthetic ethanol) is made from petrochemical feed stocks, primarily
by the acid - catalyzed hydration of ethylene, represented by the chemical
equation
C2H4 + H2O , CH3CH2OH
The catalyst is most commonly phosphoric acid,[38][39] adsorbed onto a
porous support such as silica gel or diatomaceous earth. This catalyst was
first used for large -scale ethanol production by the Shell Oil Company in
1947.[40] The reaction is carried out with an excess of high pressure steam
at 300 °C. In the U.S., this process was used on an industrial scale by
Union Carbide Corporation and others; but now only LyondellBasell uses it
commercially.
In an older process, first practiced on the industrial scale in 1930 by Union
Carbide,[41] but now almost entirely obsolete, ethylene was hydrated
indirectly by reacting it with concentrated sulfuric acid to produce ethyl
sulfate, which was hydrolysed to yield ethanol and regenerate the sulfuric
acid:[42]
C2H4 + H2SO4' CH3CH2SO4H
CH3CH2SO4H + H2O � CH3CH2OH + H2SO4
Fermentation[edit source I editbetaj
Main article: Ethanol fermentation
See also: Yeast in winemaking
Ethanol for use in alcoholic beverages, and the vast majority of ethanol for
use as fuel,[43] is produced by fermentation. When certain species of yeast
(e.g., Saccharomyces cerevisiae) metabolize sugar in reduced - oxygen
conditions they produce ethanol and carbon dioxide. The chemical
equations below summarize the conversion:
C61-112O6 � 2 CH3CH2OH + 2 CO2
C121122O11 + H2O , 4 CH3CH2OH + 4 CO2
Fermentation is the process of culturing yeast under favorable thermal
conditions to produce alcohol. This process is carried out at around 35-40
°C. Toxicity of ethanol to yeast limits the ethanol concentration obtainable
by brewing; higher concentrations, therefore, are usually obtained by
fortification or distillation. The most ethanol - tolerant strains of yeast can
survive up to approximately 18% ethanol by volume (Red Star Pasteur
Champagne wine yeast, Lalvin EC -1118 wine yeast) and 20% or greater
using "Turbo Yeast' as sold for spirit and fuel distillation.
To produce ethanol from starchy materials such as cereal grains, the
starch must first be converted into sugars. In brewing beer, this has
traditionally been accomplished by allowing the grain to germinate, or malt,
which produces the enzyme amylase. When the malted grain is mashed,
the amylase converts the remaining starches into sugars. For fuel ethanol,
the hydrolysis of starch into glucose can be accomplished more rapidly by
treatment with dilute sulfuric acid, fungally produced amylase, or some
combination of the two.[44]
Cellulosic ethanol[edit source I editbetaj
Main article: Cellulosic ethanol
Sugars for ethanol fermentation can be obtained from cellulose.[45][46] Until
recently, however, the cost of the cellulase enzymes capable of
hydrolyzing cellulose has been prohibitive. The Canadian firm logen
brought the first cellulose -based ethanol plant on- stream in 2004.[47] Its
primary consumer so far has been the Canadian government, which, along
with the United States Department of Energy, has invested heavily in the
commercialization of cellulosic ethanol. Deployment of this technology
could turn a number of cellulose- containing agricultural by- products, such
as corncobs, straw, and sawdust, into renewable energy resources. Other
enzyme companies are developing genetically engineered fungi that
produce large volumes of cellulase, xylanase, and hemicellulase enzymes.
These would convert agricultural residues such as corn stover, wheat
straw, and sugar cane bagasse and energy crops such as switchgrass into
fermentable sugars.[481
Cellulose- bearing materials typically contain other polysaccharides,
including hemicellulose. Hydrolysis of hemicellulose gives mostly five -
carbon sugars such as xylose. S. cerevisiae, the yeast most commonly
used for ethanol production, cannot metabolize xylose. Other yeasts and
bacteria are under investigation to ferment xylose and other pentoses into
ethanol.
Hydrocarbon -based ethanol production[edit source I editbeta]
A process developed and marketed by Celanese Corporation under the
name TCX Technology uses hydrocarbons such as natural gas or coal for
ethanol production rather than using fermented crops such as corn or
sugarcane.[49]
Testing[edit source I editbeta]
Infrared reflection spectra of liquid ethanol, showing the -OH band centered at 3300
cm-' and C -H bands at 2950 cm -'.
Near infrared spectrum of liquid ethanol.
Breweries and biofuel plants employ two methods for measuring ethanol
concentration. Infrared ethanol sensors measure the vibrational frequency
of dissolved ethanol using the CH band at 2900 cm -'. This method uses a
relatively inexpensive solid state sensor that compares the CH band with a
reference band to calculate the ethanol content. The calculation makes
use of the Beer- Lambert law. Alternatively, by measuring the density of the
starting material and the density of the product, using a hydrometer, the
change in specific gravity during fermentation indicates the alcohol
content. This inexpensive and indirect method has a long history in the
beer brewing industry.
PurifiCation[edit source ( editbeta]
Dlstillation[edit source I editbeta]
Ethylene hydration or brewing produces an ethanol —water mixture. For
most industrial and fuel uses, the ethanol must be purified. Fractional
distillation can concentrate ethanol to 95.6% by volume (89.5 mole %o). This
mixture is an azeotrope with a boiling point of 78.1 °C, and cannot be
further purified by distillation. Addition of an entraining agent, such as
benzene, cyclohexane, or heptane, allows a new ternary azeotrope
comprising the ethanol, water, and the entraining agent to be formed. This
lower- boiling ternary azeotrope is removed preferentially, leading to water -
free ethanol.[391
Vapor - liquid equilibrium of the mixture of Ethanol and Water (incl. azeotrope),
composition given in molefractions
At pressures less than atmospheric pressure, the composition of the
ethanol -water azeotrope shifts to more ethanol -rich mixtures, and at
pressures less than 70 torr (9.333 kPa), there is no azeotrope, and it is
possible to distill absolute ethanol from an ethanol -water mixture. While
vacuum distillation of ethanol is not presently economical, pressure -swing
distillation is a topic of current research. In this technique, a reduced -
pressure distillation first yields an ethanol -water mixture of more than
95.6% ethanol. Then, fractional distillation of this mixture at atmospheric
pressure distills off the 95.6% azeotrope, leaving anhydrous ethanol at the
bottoms.lcitation needed
Molecular sieves and desiccants[edit source I editbeta]
Molecular sieves can be used to selectively absorb the water from the
95.6% ethanol solution. Synthetic zeolite in pellet form can be used, as
well as a variety of plant- derived absorbents, including cornmeal, straw,
and sawdust. The zeolite bed can be regenerated essentially an unlimited
number of times by drying it with a blast of hot carbon dioxide. Cornmeal
and other plant- derived absorbents cannot readily be regenerated, but
where ethanol is made from grain, they are often available at low cost.
Absolute ethanol produced this way has no residual benzene, and can be
used to fortify port and sherry in traditional winery operations.
Apart from distillation, ethanol may be dried by addition of a desiccant,
such as molecular sieves, cellulose, and cornmeal. The desiccants can be
dried and reused.[39)
Membranes and reverse OSMOSIS[edit source ( editbetaj
Membranes can also be used to separate ethanol and water. Membrane -
based separations are not subject to the limitations water - ethanol
azeotrope because separation is not based on vapor - liquid equilibria.
Membranes are often used in the so- called hybrid membrane distillation
process. This process uses a pre- concentration distillation column as first
separating step. The further separation is then accomplished with a
membrane operated either in vapor permeation or pervaporation mode.
Vapor permeation uses a vapor membrane feed and pervaporation uses a
liquid membrane feed.
Other techniques[edit source I editbeta]
A variety of other techniques have been discussed, including the
following:[39]
• Liquid - liquid extraction of ethanol from an aqueous solution;
• Extraction of ethanol from grain mash by supercritical carbon dioxide;
• Pervaporation;
• Pressure swing adsorption.[50]
Grades of ethanol[edit source I editbeta]
Ethanol is available in a range of purities that result from its production or,
in the case of denatured alcohol, are introduced intentionally.
Denatured alcohol[edit source I editbeta]
Main article: Denatured alcohol
Pure ethanol and alcoholic beverages are heavily taxed as a psychoactive
drug, but ethanol has many uses that do not involve consumption by
humans. To relieve the tax burden on these uses, most jurisdictions waive
the tax when an agent has been added to the ethanol to render it unfit to
drink. These include bittering agents such as denatonium benzoate and
toxins such as methanol, naphtha, and pyridine. Products of this kind are
called denatured alcohol.[51][52]
Absolute alcohol[edit source I editbeta]
Absolute or anhydrous alcohol refers to ethanol with a low water content.
There are various grades with maximum water contents ranging from 1 %
to a few parts per million (ppm) levels. Absolute alcohol is not intended for
human consumption. If azeotropic distillation is used to remove water, it
will contain trace amounts of the material separation agent (e.g.
benzene).[531 Absolute ethanol is used as a solvent for laboratory and
industrial applications, where water will react with other chemicals, and as
fuel alcohol. Spectroscopic ethanol is an absolute ethanol with a low
absorbance in ultraviolet and visible light, fit for use as a solvent in
ultraviolet - visible spectroscopy. [54]
Pure ethanol is classed as 200 proof in the USA, equivalent to 175
degrees proof in the UK system.[55]
Rectified spirits[edit source I editbeta]
Rectified spirit, an azeotropic composition of 96% ethanol containing 4%
water, is used instead of anhydrous ethanol for various purposes. Wine
spirits are about 94% ethanol (188 proof). The impurities are different from
those in 95% (190 proof) laboratory ethanol.[56]
ReactionS[edit source I editbeta]
For more details on this topic, see Alcohol.
Ethanol is classified as a primary alcohol, meaning that the carbon its
hydroxyl group attaches to has at least two hydrogen atoms attached to it
as well. Many ethanol reactions occur at its hydroxyl group.
Ester formation[edit source I editbeta]
In the presence of acid catalysts, ethanol reacts with carboxylic acids to
produce ethyl esters and water:
RCOOH + HOCH2CH3 , RCOOCH2CH3 + H2O
This reaction, which is conducted on large scale industrially, requires the
removal of the water from the reaction mixture as it is formed. Esters react
in the presence of an acid or base to give back the alcohol and a salt. This
reaction is known as saponification because it is used in the preparation of
soap. Ethanol can also form esters with inorganic acids. Diethyl sulfate and
triethyl phosphate are prepared by treating ethanol with sulfur trioxide and
phosphorus pentoxide respectively. Diethyl sulfate is a useful ethylating
agent in organic synthesis. Ethyl nitrite, prepared from the reaction of
ethanol with sodium nitrite and sulfuric acid, was formerly a widely used
diuretic.
Dehyd ration [edit source I editbeta]
Strong acid desiccants cause the dehydration of ethanol to form diethyl
ether and other byproducts. If the dehydration temperature exceeds
around 160 °C, ethylene will be the main product. Millions of kilograms of
diethyl ether are produced annually using sulfuric acid catalyst:
2 CH3CH2OH CH3CH2OCH2CH3 + H2O (on 120 °C)
Combustion[edit source I editbeta]
Complete combustion of ethanol forms carbon dioxide and water vapor:
C2H50H (1) + 302 (g) , 2 CO2 (g) + 3 H2O (g); (AHD = —1371 kJ /mol[571)
specific heat = 2.44 kJ /(kg•K)
Acid -base chemistry[edit source I editbeta]
Ethanol is a neutral molecule and the pH of a solution of ethanol in water is
nearly 7.00. Ethanol can be quantitatively converted to its conjugate base,
the ethoxide ion (CH3CH2O-), by reaction with an alkali metal such as
sodium:[26]
2 CH3CH2OH + 2 Na 2 CH3CH2ONa + H2
or a very strong base such as sodium hydride:
CH3CH2OH + NaH , CH,CH2ONa + H2
The acidity of water and ethanol are nearly the same, as indicated by their
pKa of 15.7 and 16 respectively. Thus, sodium ethoxide and sodium
hydroxide exist in an equilbrium that is closely balanced:
CH3CH2OH + NaOH CH,CH2ONa + H2O
Halogenation[edit source I editbeta]
Ethanol is not used industrially as a precursor to ethyl halides, but the
reactions are illustrative. Ethanol reacts with hydrogen halides to produce
ethyl halides such as ethyl chloride and ethyl bromide via an S,2 reaction:
CH3CH2OH + HCI - CH3CH2Cl + H2O
These reactions require a catalyst such as zinc chloride.[42] HBr requires
refluxing with a sulfuric acid catalyst.[42) Ethyl halides can, in principle, also
be produced by treating ethanol with more specialized halogenating
agents, such as thionyl chloride or phosphorus tribromide.[26][42]
CH3CH2OH + SOC12 CH3CH2CI + S02 + HCI
Upon treatment with halogens in the presence of base, ethanol gives the
corresponding haloform (CHX,, where X = Cl, Br, 1). This conversion is
called the haloform reaction.[58) " An intermediate in the reaction with
chlorine is the aldehyde called chloral:
4 Cl2 + CH3CH2OH ' CC13CHO + 5 HCI
OXidatiort[edit source I editbeta]
Ethanol can be oxidized to acetaldehyde and further oxidized to acetic
acid, depending on the reagents and conditions.[42] This oxidation is of no
importance industrially, but in the human body, these oxidation reactions
are catalyzed by the enzyme liver alcohol dehydrogenase. The oxidation
product of ethanol, acetic acid, is a nutrient for humans, being a precursor
to acetyl CoA, where the acetyl group can be spent as energy or used for
biosynthesis.
Us@s[edit source I editbeta]
As a fuel[edit source ( editbeta]
Energy content of some fuels compared with ethanol [5s}
MJIk Research
Fuel type! MJ /L 9 octane i
number
Dry wood (20% moisture) 19 I
5
Methanol 17.9 t 19.9 ; 108.7[60)
Main article: Lthanol Mel
The largest single use of ethanol is as a motor fuel and fuel additive. More
than any other major country, Brazil relies on ethanol as a motor fuel.
Gasoline sold in Brazil contains at least 25% anhydrous ethanol. Hydrous
ethanol (about 95% ethanol and 5% water) can be used as fuel in more
than 90% of new cars sold in the country. Brazilian ethanol is produced
from sugar cane and noted for high carbon sequestration.[63] The US uses
Gasohol (max 10% ethanol) and E85 (85% ethanol) ethanol /gasoline
mixtures.
U5P grade ethanol for laboratory use.
Ethanol may also be utilized as a rocket fuel, and is currently in lightweight
rocket- powered racing aircraft.[64]
Australian law limits of the use of pure ethanol sourced from sugarcane
waste to up to 10% in automobiles. It has been recommended that older
cars (and vintage cars designed to use a slower burning fuel) have their
valves upgraded or replaced.[651
According to an industry advocacy group for promoting ethanol called the
American Coalition for Ethanol, ethanol as a fuel reduces harmful tailpipe
emissions of carbon monoxide, particulate matter, oxides of nitrogen, and
other ozone - forming pollutants.[66] Argonne National Laboratory analyzed
the greenhouse gas emissions of many different engine and fuel
combinations. Comparing ethanol blends with gasoline alone, they showed
reductions of 8% with the biodiesei /petrodiesel blend known as B20, 17%
`21.2[
; 26.81
Ethanol
108.6[601
(85% ethanol, 15% gasoline)
252
33.2
105
j
Liquefied natural as
25.3
55
Autogas (LPG)
26.8
50
60% ro ane t_40% butane
Aviation gasoline
(high- octane gasoline, not jet
33.5
46.8
100/130 (lean /rich)
fuel��
Gasohol
33.7
:93/94
gasoline + 10% ethanol)
.471
_(90%
Regular gasoline /petrol
34 8
4.
6 4[
mm 91
_
Premium gasoline /petrol
max 104
_ ....._
I Diesel
38.6
._._
45.4
= 25
Charcoal, extruded
50
23
Main article: Lthanol Mel
The largest single use of ethanol is as a motor fuel and fuel additive. More
than any other major country, Brazil relies on ethanol as a motor fuel.
Gasoline sold in Brazil contains at least 25% anhydrous ethanol. Hydrous
ethanol (about 95% ethanol and 5% water) can be used as fuel in more
than 90% of new cars sold in the country. Brazilian ethanol is produced
from sugar cane and noted for high carbon sequestration.[63] The US uses
Gasohol (max 10% ethanol) and E85 (85% ethanol) ethanol /gasoline
mixtures.
U5P grade ethanol for laboratory use.
Ethanol may also be utilized as a rocket fuel, and is currently in lightweight
rocket- powered racing aircraft.[64]
Australian law limits of the use of pure ethanol sourced from sugarcane
waste to up to 10% in automobiles. It has been recommended that older
cars (and vintage cars designed to use a slower burning fuel) have their
valves upgraded or replaced.[651
According to an industry advocacy group for promoting ethanol called the
American Coalition for Ethanol, ethanol as a fuel reduces harmful tailpipe
emissions of carbon monoxide, particulate matter, oxides of nitrogen, and
other ozone - forming pollutants.[66] Argonne National Laboratory analyzed
the greenhouse gas emissions of many different engine and fuel
combinations. Comparing ethanol blends with gasoline alone, they showed
reductions of 8% with the biodiesei /petrodiesel blend known as B20, 17%
with the conventional E85 ethanol blend, and that using cellulosic ethanol
lowers emissions 64 %.[67]
Ethanol combustion in an internal combustion engine yields many of the
products of incomplete combustion produced by gasoline and significantly
larger amounts of formaldehyde and related species such as
acetaldehyde.[68] This leads to a significantly larger photochemical
reactivity that generates much more ground level ozone.[691 These data
have been assembled into The Clean Fuels Report comparison of fuel
emissions[70] and show that ethanol exhaust generates 2.14 times as
much ozone as does gasoline exhaust.icitation needed When this is added
into the custom Localised Pollution Index (LPI) of The Clean Fuels Report
the local pollution (pollution that contributes to smog) is 1.7 on a scale
where gasoline is 1.0 and higher numbers signify greater pollution. Icitation
needed The California Air Resources Board formalized this issue in 2008 by
recognizing control standards for formaldehydes as an emissions control
group, much like the conventional NOx and Reactive Organic Gases
(ROGs).[71 ]
Ethanol pump station in Sao Paulo, Brazil where the fuel is available commercially.
World production of ethanol in 2006 was 51 gigalitres (1.3X1070 US gal),
with 69% of the world supply coming from Brazil and the United States.[72]
More than 20% of Brazilian cars are able to use 100% ethanol as fuel,
which includes ethanol -only engines and flex -fuel engines.[73] Flex -fuel
engines in Brazil are able to work with all ethanol, all gasoline or any
mixture of both. In the US flex -fuel vehicles can run on 0% to 85% ethanol
(15% gasoline) since higher ethanol blends are not yet allowed or efficient.
Brazil supports this population of ethanol- burning automobiles with large
national infrastructure that produces ethanol from domestically grown
sugar cane. Sugar cane not only has a greater concentration of sucrose
than corn (by about 30 %), but is also much easier to extract. The bagasse
generated by the process is not wasted, but is used in power plants to
produce electricity. Icitation needed
A Ford Taurus "fueled by clean burning ethanol' owned by New York City.
The United States fuel ethanol industry is based largely on corn. According
to the Renewable Fuels Association, as of October 30, 2007, 131 grain
ethanol bio- refineries in the United States have the capacity to produce 7.0
billion US gallons (26,000,000 m3) of ethanol per year. An additional 72
construction projects underway (in the U.S.) can add 6.4 billion US gallons
(24,000,000 m') of new capacity in the next 18 months. Over time, it is
believed that a material portion of the =150- billion -US- gallon
(570,000,000 m3) per year market for gasoline will begin to be replaced
with fuel ethanol.[741
United States Postal Service vehicle running on E85, a "flex -fuel' blend in Saint Paul,
Minnesota.
One problem with ethanol is its high miscibility with water, which means
that it cannot be efficiently shipped through modern pipelines, like liquid
hydrocarbons, over long distances.[75] Mechanics also have seen
increased cases of damage to small engines, in particular, the carburetor,
attributable to the increased water retention by ethanol in fuel.[76j
In 2011, the Open Fuel Standard Coalition introduced a bill into Congress
that would mandate most cars sold in the United States to be warranted to
run on ethanol, as well as methanol and gasoline. The bill aims to provide
enough financial incentive to find better ways to make ethanol fuel so it
could compete economically against gasoline.icitation needed
Alcoholic beverages[edit source I editbetaj
Main article: Alcoholic beverage
Ethanol is the principal psychoactive constituent in alcoholic beverages,
with depressant effects on the central nervous system, It has a complex
mode of action and affects multiple systems in the brain, most notably
increasing the activity of GABA receptors.[77] Through positive allosteric
modulation, it enhances the activity of naturally produced GABA. Other
psychoactives such as benzodiazepines, barbiturates exert their effects by
binding to the same receptor complex, thus have similar CNS depressant
effects.[78]
Alcoholic beverages vary considerably in ethanol content and in foodstuffs
they are produced from. Most alcoholic beverages can be broadly
classified as fermented beverages, beverages made by the action of yeast
on sugary foodstuffs, or distilled beverages, beverages whose preparation
involves concentrating the ethanol in fermented beverages by distillation.
The ethanol content of a beverage is usually measured in terms of the
volume fraction of ethanol in the beverage, expressed either as a
percentage or in alcoholic proof units.
Fermented beverages can be broadly classified by the foodstuff they are
fermented from. Beers are made from cereal grains or other starchy
materials, wines and ciders from fruit juices, and meads from honey.
Cultures around the world have made fermented beverages from
numerous other foodstuffs, and local and national classifications for
various fermented beverages abound.
Distilled beverages are made by distilling fermented beverages. Broad
categories of distilled beverages include whiskeys, distilled from fermented
cereal grains; brandies, distilled from fermented fruit juices; and rum,
distilled from fermented molasses or sugarcane juice. Vodka and similar
neutral grain spirits can be distilled from any fermented material (grain and
potatoes are most common); these spirits are so thoroughly distilled that
no tastes from the particular starting material remain. Numerous other
spirits and liqueurs are prepared by infusing flavors from fruits, herbs, and
spices into distilled spirits. A traditional example is gin, which is created by
infusing juniper berries into a neutral grain alcohol.
The ethanol content in alcoholic beverages can be increased by means
other than distillation. Applejack is traditionally made by freeze distillation,
by which water is frozen out of fermented apple cider, leaving a more
ethanol -rich liquid behind. Ice beer (also known by the German term
Eisbier or Eisbock) is also freeze - distilled, with beer as the base beverage.
Fortified wines are prepared by adding brandy or some other distilled spirit
to partially fermented wine. This kills the yeast and conserves a portion of
the sugar in grape juice; such beverages are not only more ethanol -rich
but are often sweeter than other wines.
Alcoholic beverages are used in cooking for their flavors and because
alcohol dissolves hydrophobic flavor compounds.
Just as industrial ethanol is used as feedstock for the production of
industrial acetic acid, alcoholic beverages are made into vinegar. Wine and
cider vinegar are both named for their respective source alcohols, whereas
malt vinegar is derived from beer.
Feedstock[edit source ( editbetaj
Main article: #Reactions
Ethanol is an important industrial ingredient and has widespread use as a
base chemical for other organic compounds. These include ethyl halides,
ethyl esters, diethyl ether, acetic acid, ethyl amines, and, to a lesser
extent, butadiene.
AntiseptiC[edit source I editbetaj
Ethanol is used in medical wipes and in most common antibacterial hand
sanitizer gels at a concentration of about 62% v/v as an antiseptic. Ethanol
kills organisms by denaturing their proteins and dissolving their lipids and
is effective against most bacteria and fungi, and many viruses, but is
ineffective against bacterial spores.[79]
Treatment for poisoning by other alcohols [edit source
edltbeta]
Ethanol is sometimes used to treat poisoning by other, more toxic alcohols,
in particular methanol[8oI and ethylene glycol. Ethanol competes with other
alcohols for the alcohol dehydrogenase enzyme, lessening metabolism
into toxic aldehyde and carboxylic acid derivatives, [811 and reducing one of
the more serious toxic effect of the glycols to crystallize in the kidneys.
Solvent[edit source I editbetaj
Ethanol is miscible with water and is a good general purpose solvent. It is
found in paints, tinctures, markers, and personal care products such as
perfumes and deodorants.
Historical uses[edit source I editbetaj
Before the development of modern medicines, ethanol was used for a
variety of medical purposes. It has been known to be used as a truth drug
(as hinted at by the maxim "in vino veritas'), as medicine for depression
and as an anesthetic.�citation needed'
Ethanol was commonly used as fuel in early bipropellant rocket (liquid
propelled) vehicles, in conjunction with an oxidizer such as liquid oxygen.
The German V -2 rocket of World War II, credited with beginning the space
age, used ethanol, mixed with 25% of water to reduce the combustion
chamber temperature. [82][83j The V -2's design team helped develop U.S.
rockets following World War II, including the ethanol - fueled Redstone
rocket which launched the first U.S. satellite.[aa] Alcohols fell into general
disuse as more efficient rocket fuels were developed.[83]
Pharmacology[edit source I editbeta]
Ethanol binds to a,- nAChRs as an agonist, GABA (especially the b
subunit) as a positive allosteric modulator, 5 -HT3 receptor agonist, NMDA
receptor antagonist, AMPA receptor antagonist, Kainate receptor
antagonist, glycine receptor agonist and an inhibitor of potassium, sodium
and calcium ion channels. It also appears to cause an increase in
dopamine through a poorly understood process that may involve inhibiting
the enzyme that breaks dopamine down.[85] Ethanol also appears to block
the reuptake of adenosine, additionally.
The removal of ethanol through oxidation by alcohol dehydrogenase in the
liver from the human body is limited. Hence, the removal of a large
concentration of alcohol from blood may follow zero -order kinetics. This
means that alcohol leaves the body at a constant rate, rather than having
an elimination half -life.
Also, the rate - limiting steps for one substance may be in common with
other substances. For instance, the blood alcohol concentration can be
used to modify the biochemistry of methanol and ethylene glycol. Methanol
itself is not highly toxic, but its metabolites formaldehyde and formic acid
are; therefore, to reduce the concentration of these harmful metabolites,
ethanol can be ingested to reduce the rate of methanol metabolism due to
shared rate-limiting steps. Ethylene glycol poisoning can be
[]
citation needed
treated in the same way.
Drug effects
[edit source | edit]
beta
Pure ethanol will irritate the skin and eyes. Nausea, vomiting and
[86]
intoxication are symptoms of ingestion. Long-term use by ingestion can
result in serious liver damage. Atmospheric concentrations above one
[87]
in a thousand are above the European Union Occupational exposure
limits.
[87]
Short-term
[edit source | edit]
beta
Main article: Short-term effects of alcohol
B
ABAC
C (% Symptoms
[88]
(g/v/v)
L)
0.0.05
Euphoria, talkativeness, relaxation
5 %
Central nervous system depression,
nausea, possible vomiting, impaired
1 0.1 %
motor and sensory function, impaired
cognition
>1>0.14
Decreased blood flow to brain
.4 %
Stupefaction, possible
3 0.3%
unconsciousness
4 0.4% Possible death
>5>0.55
Death
.5 %
Effects on the central nervous system
[edit source | edit]
beta
Ethanol is a central nervous system depressant and has significant
psychoactive effects in sublethal doses; for specifics, see "Effects of
alcohol on the body by dose". Based on its abilities to change the human
consciousness, ethanol is considered a psychoactive drug. Death from
[89]
ethanol consumption is possible when blood alcohol level reaches 0.4%. A
blood level of 0.5% or more is commonly fatal. Levels of even less than
0.1% can cause intoxication, with unconsciousness often occurring at 0.3–
0.4%.
[90]
The amount of ethanol in the body is typically quantified by blood alcohol
content (BAC), which is here taken as weight of ethanol per unit volume of
blood. The table at the right summarizes the symptoms of ethanol
consumption. Small doses of ethanol, in general, produce euphoria and
relaxation; people experiencing these symptoms tend to become talkative
and less inhibited, and may exhibit poor judgment. At higher dosages
(BAC > 1 g/L), ethanol acts as a central nervous system depressant,
producing at progressively higher dosages, impaired sensory and motor
function, slowed cognition, stupefaction, unconsciousness, and possible
death.
Ethanol acts in the central nervous system by binding to the GABA-A
receptor, increasing the effects of the inhibitory neurotransmitter GABA
(i.e., it is a positive allosteric modulator).
[91]
Prolonged heavy consumption of alcohol can cause significant permanent
damage to the brain and other organs. See Alcohol consumption and
health.
According to the US National Highway Traffic Safety Administration, in
2002 about "41% of people fatally injured in traffic crashes were in alcohol
related crashes". The risk of a fatal car accident increases exponentially
[92]
with the level of alcohol in the driver's blood. Most drunk driving laws
[93]
governing the acceptable levels in the blood while driving or operating
heavy machinery set typical upper limits of blood alcohol content (BAC)
between 0.02% and 0.08%.
[]
citation needed
Discontinuing consumption of alcohol after several years of heavy drinking
can also be fatal. Alcohol withdrawal can cause anxiety, autonomic
dysfunction, seizures, and hallucinations. Delirium tremens is a condition
that requires people with a long history of heavy drinking to undertake an
alcohol detoxification regimen.
The reinforcing effects of alcohol consumption are also mediated by
acetaldehyde generated by catalase and other oxidizing enzymes such as
cytochrome P-4502E1 in the brain. Although acetaldehyde has been
[94]
associated with some of the adverse and toxic effects of ethanol, it
appears to play a central role in the activation of the mesolimbic dopamine
system.
[95]
Effects on metabolism
[edit source | edit]
beta
Main articles: Ethanol metabolism and Alcohol dehydrogenase
Ethanol within the human body is converted into acetaldehyde by alcohol
dehydrogenase and then into the acetyl in acetyl CoA by acetaldehyde
dehydrogenase. Acetyl CoA is the final product of both carbohydrate and
fat metabolism, where the acetyl can be further used to produce energy or
for biosynthesis. As such, ethanol is a nutrient. However, the product of the
first step of this breakdown, acetaldehyde, is more toxic than ethanol.
[96]
Acetaldehyde is linked to most of the clinical effects of alcohol. It has been
shown to increase the risk of developing cirrhosis of the liver and
[78]
multiple forms of cancer.
During the metabolism of alcohol via the respective dehydrogenases, NAD
is converted into reduced NAD. Normally, NAD is used to metabolise fats
in the liver, and as such alcohol competes with these fats for the use of
NAD. Prolonged exposure to alcohol means that fats accumulate in the
liver, leading to the term 'fatty liver'. Continued consumption (such as in
alcoholism) then leads to cell death in the hepatocytes as the fat stores
reduce the function of the cell to the point of death. These cells are then
replaced with scar tissue, leading to the condition called cirrhosis.
Drug interactions
[edit source | edit]
beta
Ethanol can intensify the sedation caused by other central nervous system
depressant drugs such as barbiturates, benzodiazepines, opioids,
phenothiazines, and anti-depressants. It interacts with cocaine in vivo to
[90]
produce cocaethylene, another psychoactive substance.
[97]
Alcohol and metronidazole
One of the most important drug/food interaction that should be noted is
between alcohol and metronidazole.
Metronidazole is an antibacterial agent that kills bacteria by damaging
cellular DNA and hence cellular function. Metronidazole is usually given
[98]
to people who have diarrhea caused by Clostridium difficile bacteria. C.
difficile is one of the most common microorganisms that cause diarrhea
and can lead to complications such as colon inflammation and even more
severely, death.
Patients who are taking metronidazole are strongly advised to avoid
alcohol, even after 1 hour after the last dose. The reason is that alcohol
and metronidazole can lead to side effects such as flushing, headache,
nausea, vomiting, abdominal cramps, and sweating. These
[99][100][100][101]
symptoms are often called the disulfiram-like reaction. The proposed
mechanism of action for this interaction is that metronidazole can bind to
an enzyme that normally metabolizes alcohol. Binding to this enzyme may
impair the liver's ability to process alcohol for proper excretion.
[101]
Alcohol and digestion
[edit source | edit]
beta
Digestive system
A part of ethyl alcohol is hydrophobic. This hydrophobic or lipophilic end
can diffuse across cells that line the stomach wall. In fact, alcohol is one of
the rare substances that can be absorbed in the stomach. Most food
substances are absorbed in the small intestine. However, even though
alcohol can be absorbed in the stomach, it is mostly absorbed in the small
intestine because the small intestine has a large surface area that
promotes absorption. Once alcohol is absorbed in the small intestine, it
delays the release of stomach contents from emptying into the small
intestine. Thus, alcohol can delay the rate of absorption of nutrients.
[102]
After absorption, alcohol reaches the liver where it is metabolized.
Interestingly, the amount of alcohol that can be metabolized is associated
with ethnicity. Apparently, Asians, Native Americans, and Inuit secrete
relatively less of alcohol's metabolizing enzyme (alcohol dehydrogenase
ADH) than Caucasians. This difference in metabolizing ability could be
[103]
a reason why Caucasians are less likely to get drunk.
[103]
How Breathalyzers work:
Alcohol that is not processed by the liver goes
to the heart. The liver can process only a certain amount of alcohol per unit
time. Thus, when a person drinks too much alcohol, more alcohol can
reach the heart. In the heart, alcohol reduces the force of heart
contractions. Consequently, the heart will pump less blood, lowering
overall body blood pressure. Also, blood that reaches the heart goes
[103]
to the lungs to replenish blood's oxygen concentration. It is at this stage
that a person can breathe out traces of alcohol. This is the underlying
[103]
principle of the alcohol breath testing (or breathalyzers) to determine if a
driver has been drinking and driving.
[104]
From the lungs, blood returns to the heart and will be distributed
throughout the body. Interestingly, alcohol increases levels of high-density
lipoproteins(HDLs), which carry cholesterol. Alcohol is known to make
[103]
blood less likely to clot, reducing risk of heart attack and stroke. This could
be the reason why alcohol could produce health benefits when consumed
in moderate amounts. Also, alcohol dilates blood vessels.
[105]
Consequently, a person will feel warmer, and their face turns flush and
pink.
[103]
Why people lose their sense of balance after drinking alcohol:
When
alcohol reaches the brain, it has the ability to delay signals that are sent
between nerve cells that control balance, thinking and movement.
[103]
Why people frequently urinate after drinking alcohol:
Moreover,
alcohol can affect the brain's ability to produce antidiuretic hormones.
These hormones are responsible for controlling the amount of urine that is
produced. Alcohol prevents the body from reabsorbing water, and
consequently a person who recently drank alcohol will urinate
frequently.
[103]
Alcohol and gastrointestinal diseases
[edit source | edit]
beta
Diagram of mucosal layer
Alcohol stimulates gastric juice production, even when food is not present.
In other words, when a person drinks alcohol, the alcohol will stimulate
stomach's acidic secretions that are intended to digest protein molecules.
Consequently, the acidity has potential to harm the inner lining of the
stomach. Normally, the stomach lining is protected by a mucus layer that
prevents any acids from reaching the stomach cells.
However, in patients who have a peptic ulcer disease (PUD), this mucus
layer is broken down. PUD is commonly associated with a bacteria H.
pylori. H. pylori secretes a toxin that weakens the mucosal wall. As a
result, acid and protein enzymes penetrate the weakened barrier. Because
alcohol stimulates a person's stomach to secrete acid, a person with PUD
should avoid drinking alcohol on an empty stomach. Drinking alcohol
would cause more acid release to damage the weakened stomach
wall. Complications of this disease could include a burning pain in the
[106]
abdomen, bloating and in severe cases, the presence of dark black stools
that indicate an internal bleed. A person who drinks alcohol regularly is
[107]
strongly advised to reduce their intake to prevent PUD aggravation.
[107]
Magnitude of effects
[edit source | edit]
beta
Some individuals have less effective forms of one or both of the
metabolizing enzymes, and can experience more severe symptoms from
ethanol consumption than others. However, those having acquired alcohol
tolerance have a greater quantity of these enzymes, and metabolize
ethanol more rapidly.
[108]
Long-term
[edit source | edit]
beta
Main article: Long-term effects of alcohol
Birth defects
[edit source | edit]
beta
Ethanol is classified as a teratogen. See fetal alcohol syndrome.
Other effects
[edit source | edit]
beta
Frequent drinking of alcoholic beverages has been shown to be a major
contributing factor in cases of elevated blood levels of triglycerides.
[109]
Ethanol is not a carcinogen. However, the first metabolic product
[110][111]
of ethanol in the liver, acetaldehyde, is toxic, mutagenic, and carcinogenic.
Ethanol is also widely used, clinically and over the counter, as an
antitussive agent.
[112]
Garbage' chemical TCP threatens Valley
water
Published: April 21, 2012
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Memo shows Dow knew TCP was useless but used it anyway.
By Mark Grossi — The Fresno Bee
A 1974 memo from Dow Chemical describes several chemicals in a widely used farm fumigant as
"garbage." Today, one of those useless chemicals threatens drinking water for more than 1 million people
across the San Joaquin Valley.
Now linked to cancer, the toxin was waste from a plastic-making process. Chemical companies often mix
such leftovers to create other products to avoid the cost of disposal, says one long-time chemical engineer.
The fumigant manufacturers, Dow and Shell Oil Co., discovered decades ago that 1,2,3-trichloropropane,
or TCP, was not effective against worms called nematodes, according to documents in lawsuits filed by a
dozen Valley cities against the companies. But they apparently left it in a fumigant anyway.
"TCP was a hazardous waste, not a pesticide," said lawyer Todd Robins, who represents several Valley
cities and water agencies. "It did nothing for farmers, but Shell and Dow knowingly used their fumigants as
a way to dispose of it."
A Dow representative disputes the lawyer's statement, saying TCP never was intentionally put into the
fumigant, called Telone. Nor did the company intentionally allow TCP to remain in the fumigant, he said.
"Rather, from the outset Dow took steps to purify the product through a distillation process," said Randy
Fischback of Dow. "Historically, TCP was only occasionally detected in Telone and at extremely low, trace
levels."
Shell declined comment, but said it would vigorously defend claims made against it in the TCP lawsuits.
The manufacturers already have agreed to a $13 million TCP settlement for Livingston in Merced County.
The city of Clovis is next up in the series of lawsuits. Other cities waiting in line with lawsuits include
Stockton, Fresno, Bakersfield, Visalia, Delano and Lamont.
Dow's "garbage" memo is among many documents discovered in the legal action against the chemical
companies and distributors. The lawsuits are aimed at forcing the companies to pay for cleaning up the
contamination.
Memos and other documents paint a picture of large businesses trying to register the fumigants with the
federal government. There is little indication that the companies analyzed possible health hazards in TCP
and other so-called inert ingredients.
Today, both state and federal water authorities are moving to regulate TCP. In California, the public health
goal is to keep this chemical below one part per trillion -- equal to one drop in 20 Olympic-sized swimming
pools.
TCP has been detected at much higher levels in more than 200 Valley drinking water wells. Many small
communities and water systems cannot afford the tests to detect the contaminant, so there may be many
more tainted wells.
The state is far ahead of the federal government in regulating TCP, which was discovered at a Superfund
site in Southern California in the 1990s.
But TCP has the attention of the U.S. Environmental Protection Agency, which expects to have national
regulations in the next four to five years.
"It is a carcinogen," said toxicologist Bruce Macler of the EPA drinking water program. "I'm more than just
concerned."
For Dow and Shell, it is the second time they have been connected with a hazardous chemical from a
fumigant in the Valley's water. In the 1990s, the companies were sued by several cities over a different
fumigant called dibromochloropropane or DBCP, which is believed to cause human sterility.
Fresno's DBCP settlement included a payout of $21 million, along with a $2 million trust fund to reimburse
the city for maintaining carbon filters on many wells.
Experts say hefty, additional carbon filters -- a considerable expense for hundreds of wells across the
Valley -- could be used to clean up wells tainted with TCP.
The chemical has been connected with several kinds of cancer in animal tests, including stomach, kidney,
liver and pancreatic.
The chemical also is known as an industrial solvent, as well as a cleaning and degreasing agent.
In the 1940s, TCP became part of Shell's fumigant, called D-D. In the 1950s, it became part of Dow's
Telone. TCP and several other chemicals in the fumigants were byproducts or impurities from the process
of making allyl chloride, which is used in manufacturing plastics.
Dow and Shell were following common business practices by processing such waste into another product
for sale, says a retired chemical engineer who worked and researched for 40 years in the field.
There are few options for disposal of the waste stream -- burn it, bury it or illegally dump it somewhere,
like a river.
To avoid disposal expense, chemical companies regularly look for legitimate ways to incorporate the waste
in other products, said Robert H. Schwaar, an expert witness in the cases. Schwaar is a retired chemical
engineer and researcher from the nonprofit SRI International, which originated as Stanford Research
Institute in the 1940s.
"The disposing of waste is not inexpensive," he said. "But if you can recover some costs by using the waste
in another product, then it's all to the good."
The fumigant worked well because of the ingredient 1,3-dichloropropene. Chemical companies found a
market in Western states.
A Shell memo in 1983 said D-D sales averaged 3.5 million gallons annually. Most farmers were using it to
eliminate pests for potatoes, sugar beets, trees, vines and vegetables.
In 1981, Shell made about $6.3 million from D-D sales, the memo said. The company also avoided a $3.2
million cost for disposal of the leftover chemicals from its allyl chloride operation, the memo said.
The "garbage" memo from Dow was a brief analysis of the most effective ingredient in Telone -- 1,3-
dichloropropene. It hints that the company's experts did not consider TCP and the other ineffective waste
chemicals dangerous.
Instead, they were weighing the costs of leaving small amounts of these chemicals in the fumigant and fully
explaining them to EPA.
"It's not that we are particularly concerned about their safety, but rather we can't justify the costs of their
toxicological studies," the memo said.
The companies could not support their early claims that all the ingredients of the fumigant were effective in
killing nematodes. One memo suggests that lowering the amount of unproven chemicals might protect the
ground water.
Shell took D-D off the market in 1984. By the 1990s, Dow changed the formula for Telone II to take most
of the garbage chemicals out. It is still in use but not considered a threat.
The TCP already in the Valley's ground water, however, probably will not degrade much over time,
Schwaar said.
Should Dow and Shell have known that TCP could have posed a threat to human health? Schwaar said
Dow and Shell should have at least suspected it because there are health hazards in products created with
chlorine, which was used in making TCP.
Said Schwaar: "It's hard to think of very many chlorinated organic compounds that are really safe."
The reporter can be reached at mgrossi@fresnobee.com, (559)441-6316 or Twitter: @markgrossi
Read more here: http://www.fresnobee.com/2012/04/21/2809366/garbage-chemical-taints-
water.html#storylink=cpy
JOURNAL OF PESTICIDE REFORMIWINTER 2000 • VOL. 20, NO. 4
*HERB IC I DE F A C T S H E E T
t ! g`
Triclopyr is a broadleaf herbicide used primarily on pastures, woodlands, and rights of way. Garcon 3A and
Garton 4 are brand names of common triclopyr herbicides: Two forms of triclopyr are used as herbicides: the
triethylamine salt (found in Garlon 3A) and the butoxyethyl ester (found in Garlon 4)
The amine salt of triclopyr is corrosive to eyes. Both the amine salt and the ester are sensitizers and can
cause allergic skin reactions.
In laboratory tests, triclopyr caused an increase in the incidence of breast cancer as well as an increase in a
type of genetic damage called dominant lethal mutations. Triclopyr also is damaging to kidneys and has
caused a variety of reproductive problems.
The ester form of triclopyr is highly toxic to fish and inhibits behaviors in frogs that help them avoid predators.
Feeding triclopyr to birds decreases the survival of their nestlings.
Triclopyr inhibits the growth of mycorrhizal fungi, beneficial fungi that increase plants' ability to take up
nutrients. Triclopyr also interferes with one step in the process by which atmospheric nitrogen is transformed
by microorganisms into a form that is usable by plants.
Triclopyr is mobfle, in soil and has contaminated wells, streams, and rivers. Contaminated water has been
found near areas where triclopyr is used in agriculture, in forestry, on urban landscapes, and on golf courses.
The major breakdown product of triclopyr (3,6,G-trIchioro- 2- pyridimrq disrupts the normal growth and
development of the nervous system. In laboratory tests, it also accumulates in fetal brains when pregnant
animals are exposed.
BY CAROLINE COX
Ticlopyr is a selective herbicide
used to kill unwanted broadleaf plants.
Triclopyr herbicides contain one of two
forms of triclopyr, either the triethylamine
salt or the butoxyethyl ester. (See Figure
1.) Triclopyr was first registered as a pes-
ticide in the U.S. in 1979 and its ma-
jor manufacturer is Dow AgroSciences.I
It is sold under a variety of trade names,
including Garion 3A,2 Garlon 4,3 Path -
finder,4 Remedy,' Turflon,5 and (in
Canada) Reiease.7 Garlon 3A contains the
triethylamine salt, the others contain the
butoxyethyl ester.2-7 Triclopyr is in the
carboxylic acid chemical family .8
Use
Figure 7
Triclopyr, Its Triethylamine Salt, and Its Butoxyethyl Ester
C a-z"Z: iOH
CI 0 11
N
triclopyr
((3,5,6-tnch1oro-2-
pyridinyl)oxy )acetic acid
Cf \
�v 0-NH(CH2CH3)3*
CI N 0
triethylamine salt of triclopyr
CI I I
O ONE
CI � NO 0
butoxyethyi ester of triclopyr
According to estimates from the U.S. Environmental Protection Agency (EPA), almost three- quarters of this use while rice
use of triclopyr in the U.S. totals almost is the major agricultural use.' An
® 700,000 pounds per year.' Pastures, estimated 455,000 applications are made
Caroline Cox is NCAP's staff sclenfist. woodlands, and rights of way account for annually to U.S. lawns and yards.lo
NORTHWEST COALITION FOR ALTERNATIVES TO PESTICIDESINCAP
12 P.O. BOX 1393, EUGENE, OREGON 97440 J (547)344 -5044
JOURNAL OF PESTICIDE REFORM /WINTER 2000 • VOL. 20, NO.4
How Does Triclopyr
Kill Plants?
Triclopyr imitates a plant hormone
called indoleacetic acid, one of a number
of plant hormones classified as auxins.
Triclopyr causes the growing tips of the
plant to elongate, followed by distortion,
withering, and the death of the plant.8
Triclopyr is selective (most toxic to
broadleaf plants) because grasses are
quickly able to transform triclopyr into
compounds that do not have hormonal
activity.I I
"Inert" Ingredients in
Triclopyr- Containing Products
According to U.S. pesticide law, any
ingredients in triclopyr herbicides other
than triclopyr are called °inert. "12 Except
for acute toxicity testing, all toxicology
tests required for registration as a pesti-
cide were conducted with triclopyr, not
the combination of ingredients found m
commercial products.13 "Inert" ingredi-
ents used in triclopyr herbicides include
the amine salt of dodecylbenzenesulfonic
acid14, ethanol,z ethylenediamine
tetraacetic acid,2 a petroleum solvent14
containing kerosene,3,5 -7 polyglyco1,15
ethoxylated sorbitan monooleate,14 and
triethylamine.2 See "Hazards of Inerts in
Triclopyr Products," right, for more in-
formation.
Acute Toxicity.
Symptoms of short-term exposure to
triclopyr include lethargy incoordination,
weakness, difficult breathing, and tremors.
Anorexia and diarrhea have also been ob-
served in animals exposed to triclopyr.16
EPA classifies the triethylamine salt of
triclopyr in the agency's highest acute tox-
icity category for eye irritation. It is "cor-
rosive" to eyes with damage lasting over
three weeks. Both the amine salt and the
butoxyethyl ester sensitize skin, 17 so that
subsequent exposures cause greater aller-
gic reactions than the fist exposure. 18
Subehronic Toxicity
In a subchronic (medium -term, 3
month) laboratory feeding study with rats,
triclopyr caused kidney damage (degen-
eration of tubules). This damage was ob-
served at doses of 20 milligrams per kilo-
gram (mg /kg) of body weight per day.19
There are no publicly available
subchronic toxicity studies of commer-
cial triclopyr- containing products.
Chronic Toxicity
In a chronic (long -term) laboratory
feeding study, rats fed triclopyr developed
kidney damage more often than unex-
posed rats. In a long -term study using
dogs, the animals which were fed triclopyr
gained less weight, had less hemoglobin
(oxygen- carrying molecules) and red
blood cells in their blood, and had more
microscopic liver damage than did unex-
posed dogs. These symptoms were ob-
served at doses of 25 mg /kg per day in
the rat study and 20 mg /kg per day in
the dog study.20
A dog study which showed kidney ef-
fects at a tenfold lower dose (2.5 mglkg
per day) was originally used by EPA to
calculate acceptable exposure to
triclopyr.Z1 However, this calculation was
criticized by triclopyr s manufacturer be-
cause of studies the company conducted
showing that triclopyr is more slowly ex-
creted by dogs than other animals, and
that the dog kidney is more susceptible
than the kidney of other animais.22,23 As
a result, EPA classified the kidney dam-
age as "not a toxic response to the test
chemical, but aphysiologic response of
IN W to) W1014 'I''• 11
Health hazards of inns used in
triclopyr herbicides include the
following:
Ethoxylated sorbitan monooleate
has caused a drop in blood pressure in
dogs given the compound for research
purposes. It also has caused adrenal
gland tumors in laboratory tests of
male rats.I
Ethylenediamine tetraacetic acid
causes eye and skin irritation and is
also irritating to the upper respiratory
tract 2 In laboratory tests with rats, it
caused a variety of birth defects: cleft
palate, eye defects, and abnormal
skeletons.'
Kerosene causes severe eye irrita-
tion and is also irritating to the upper
respiratory tract. Inhalation of kero-
sene causes fatigue, headache, dizziness,
and incoordination.4 Other symptoms
include euphoria, a burning sensation,
disorientation, and drowsiness.5
Petroleum solvent (with Chemical
Abstracts Service registry number
64742 -48 -9) is damaging to kidneys
and to the nervous system. These ef-
fects have been demonstrated in both
exposed workers and laboratory tests.
Some neurological effects are long -last-
ing or irreversible.6
Triethylamine is damaging to eyes
and can cause abnormal visioni and
irreversible damage.8 It is extremely de-
structive to skin and the upper respi-
ratorytract. Symptoms of exposure
include coughing, wheezing, headache,
and nauwa.8
1. National Library of Medicine. Hamirdow Sub-
stances Data Bank. 2000. Glycol (Polysor-
bate 80). http9Aomet.rdm.nih.gov. Retrieved
Nov. 13.
2. Sigma Chemical Co. 2000. Material safety
data sheet: Ethylenadiarnmetetraacedc acid.
St. Louis, MO, http: /rinto.sial.com.
3. National Library of Medicine. Hazardous Sub
stance Data Bank. 2000. Ethyienediamine
tetraaoefic acid. htip:/Itoxnet.nim.nih.gov.
Retrieved Nov. 13.
4. Sigma Chemical Co. 2000. Material safety
data sheet: Kerosene. St. Louis, MO. http:11
info.sial.corm
5. National Library of Medicine. Hazardous Sub-
stances Data Bank. 2000. Kerosene. http:ll
toxnet.nim.nih.gov. Retrieved Nov. 13.
6. United Nations Environment Prog. at al.
1996. White spirit (Stoddard Solvent). Envi-
ronmental Health Criteria 187. Geneva, Svnt-
zedand: World Health Organization. Pp.73-
75,77-78,90-126.
7. U.S. EPA. Integrated Risk Information Sys-
tem. 1993. Trathylamine. v .epa.govft is.
8, Sigma Chemical Co. 2000. Material safety
data sheet: Triethylamine. St. Louis, MO.
http: /rinfoeial.com.
NORTHWEST COALITION FOR ALTERNATIVES TO PESTICIDESINCAP
P.O. BOX 1393, EUGENE, OREGON 97440 1 (541)344 -5044 13
JOURNAL OF PESTICIDE REFORMIWINTER 2090 • VOL. 20, NO, 4
Figure 2
Triclopyr and Breast Cancer
8
U
M
v
a
m
n
m
a
E
E
`o
m
m
8
m
o.
0 300 600 900 1200 1500
Amount of triclopyr in diet (milligrams per kilogram of body weight per day)
Source: U.S. EPA. Office of Prevention, Pesticides, and Toxic Substances. 1996.
Carcinogenicity peer review of triclopyr. Memo from McMahon, T.F., and E. Rinde, Health
Effects Div., to R. Taylor, Registration Div. and T. Lummalio, Special Review and
Reregistration Div. Washington, D.C., May 9.
In laboratory studies with both mice and rats, triclopyr caused a significant increase in the
incidence of breast cancer. However, EPA's evaluation of these studies concluded that It was
not possible to classify tdciopyr's ability to cause cancer.
the dog "24 and did not use the results in
its more recent evaluation of tdclopyr.24
There are no publicly available chronic
toxicity studies of commercial triclopyr-
containing products.
Mutagenicity
Triclopyr's mutagenicity (ability to
cause genetic damage) has been studied
in a variety of laboratory tests. One study
looked at tdclopyr s ability to cause domi-
nant lethal mutations in rat embryos.
Dominant lethal mutations are mutations
in sperm that cause the death of the em-
bryo fertilized by the defective sperm, and
are studied by counting the number of
dead embryos in pregnant animals. In a
study of female rats mated with mates
who had been dosed with triclopyr, the
frequency of embryo loss increased at the
middle and high dose (7 and 70 mg /kg) 25
In seven studies of other kinds of ge-
netic damage that were submitted by
triclopyr 's manufacturer in support its
registration as a pesticide, no mutagenic-
tty was observed 25
There are no publicly available mu-
tagenicity studies of commercial triclopyr-
containing products.
Carcinogenicity
Triclopyr's carcinogenicity (ability to
cause cancer) has been studied in rats and
mice. In both species, feeding of triclopyr
significantly increased the frequency of
breast cancer (mammary adenocarcino-
mas)26 (See Figure 2.)
In EPA's evaluation of these studies,
the agency called this carcinogenic re-
sponse "marginal. "26 EPA therefore clas-
sified triclopyr as a Group D carcinogen,
one that is "not classifiable as to human
carcinogenicity, "26 even though EPA's
guidelines call for classifying pesticides as
carcinogens if they cause cancer in labo-
ratory tests of more than one species.27
In male rats, Triclopyr caused an in-
crease in the frequency of adrenal
tumors.26
There are no publicly available carci-
nogenicity studies of commercial
triclopyr- containing products.
Effects on Reproduction
Triclopyr, its triethylamine salt, and
its butoxyethyl ester have all caused re-
productive problems in laboratory tests.
Rats fed triclopyr for two generations had
smaller litters and smaller offspring than
did unexposed rats. Pregnant rats fed the
amine salt had offspring that weighed less
and had more skeletal abnormalities than
offspring from unexposed rats. Pregnant
rabbits fed the amine salt had fewer lit-
ters, fewer live fetuses, and more embryo
loss than did unexposed rabbits. Pregnant
rabbits fed the ester had fewer live fe-
tuses, more embryo loss, and offspring
with more skeletal abnormalities than did
unexposed rabbits. These reproductive
problems occurred at doses of 100 and
250 mg/kg per day.2e
Recently, pesticide regulators, research-
ers, and the general public have become
Increasingly concerned about more subtle
effects on reproduction. Of special con -
cern has been the possibility that pesti-
cides might interfere with the develop-
ment of the nervous system. A new
(1999) study shows that the major break-
down product of triclopyr causes this kind
of effect. See "Hazards of Triclopyr's
Major Metabolite," p. 18 for details.
There are no publicly available studies
of how commercial Triclopyr- containing
products affect reproduction.
Effects on Birds
Triclopyr decreases the survival of
newly hatched nestlings. In tests with
mallard ducks, ducklings hatched from
eggs laid by mother ducks that were fed
triclopyr had a survival rate that was be-
tween 15 and 20 percent lower than the
survival rate of ducklings from unexposed
mothers. Effects occurred at concentra-
tions in the ducks' food of 200 parts per
million (ppm).29,30
Effects on Fish
According to EPA, the butoxyethyi
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JOURNAL OF PESTICIDE REFORM /WINTER 2000 • VOL. 20, NO.4
ester form of triclopyr is the form that is
most toxic to fish. The ester is `highly
toxic" to four of the five species tested:
rainbow trout, bluegill sunfish, robot
salmon, and the tidewater silverside. The
most sensitive life stage and species in
laboratory tests is the yolk -sac fry of the
coho salmon, with a median lethal con-
centration (LC,,: the concentration that
kills half of a population of test animals)
of less than 0.5 ppm.31
Triclopyr s butoxyethyl ester also af-
fects fish behavior. In laboratory tests with
rainbow trout, concentrations of 0.6 ppm
resulted in rapid respiration, flared gills,
and erratic, disoriented swimming.32
A field study in Ontario, Canada,
found similar effects of the butoxyethyl
ester on fish. In lake enclosures about
half of the tested rainbow trout died at
concentrations of 0.45 ppm and mortality
reached 100 percent at concentrations of
.0.69 ppm. Reduced growth occurred at
even lower concentrations, 0.25 ppm. The
Canadian researchers also found reduced
growth in young rainbow trout following
Figure 3
Triclopyr and Tadpole Behavior
m
0 100
2
0
c 80
8
N
m
60
w
m 40
a
a
m 20
m
m
o
`m
n
application of the ester to a forest stream. 33
The concentration of the triethylamine
salt required to kill fish is much greater
than that of the butoxyethyl ester.34 How-
ever, effects on behavior ( "voluntary neu-
romuscular control was lost and all the
fish lay flaccid on the bottom, with ir-
regular and labored breathing," 32 accord-
ing to the description written by the re-
searchers who conducted this study) have
been observed at lower concentrations,
one -half the LC5D.32
Effects on Frogs
A study of three species of frogs in
Ontario, Canada, found that low con-
centrations of triclopyr butoxyethyl ester
inhibited their avoidance behavior. Tad-
poles normally move when touched or
prodded; this behavior helps them escape
predation, Tadpoles of all three species
exposed to just over 1 ppm of triclopyr
lost their avoidance response, and either
"twitched in place or were completely
unresponsive" when prodded. (See Fig-
ure 3) The researchers, from Trent Uni-
1 2 3 4
Days after exposure to 1.2 parts per million of the butoxyethyl ester of triclopyr
Source: Berrill, M. at al. 1994. Effects of low concentrations of forest -use pesticides on frog
embryos and tadpoles. Enwron. Toxicol. Chem. 13:657-664.
versity and the Canadian Wildlife Ser-
vice, concluded that exposure to 1.2 ppm
of triclopyr "is likely to paralyze the more
sensitive tadpoles, and such exposure may
occur in a managed forest system, "35
Effects on Beneficial
Insects and Spiders
Triclopyr can impact populations of
beneficial insects and spiders, those that
provide an economic benefit to agricul-
ture, by killing plants on which the in-
sects and spiders depend for food and
shelter. For example, in a study of cara-
bid (ground) beetles and spiders in a haw-
thorn hedgerow around an agricultural
field in the United Kingdom, spraying
with a triclopyr- containing herbicide
caused decreases in populations of both
predators.36 In addition, the triclopyr her-
bicide Grazon was toxic to a spider mite
used as a biological control agent to re-
duce populations of gorse. Typical appli-
cation rates caused over 60 percent mor-
tality. The authors concluded that "even
low rates of these chemicals are likely to
prevent mite establishment. "37
Effects on Oysters
Oyster larvae are more susceptible to
triclopyr than other estuarine or marine
animals. In a test with embryos and lar-
vae of the Eastern oyster, all individuals
developed abnormally at a concentration
of 87 ppm.36
Effects on Small Mammals
Treatment of a Canadian spmce plan-
tation with the triclopyr herbicide Re-
lease decreased populations of the red -
backed vole, the second most abundant
small mammal. Triclopyr treatment de-
creased vole populations; they were re-
duced by about 80 percent from those in
untreated areas one year after treatment.
In the second year after treatment, vole
populations were still reduced over 50
percent compared with untreated areas.39
Complex Ecological
Interactions
Normally, tadpoles dart away when prodded. This behavior helps them escape from predators.
Green frog tadpoles exposed to the ester form of triclopyr ate unable to respond normally; they While complicated ecological effects of
either twitch in place or remain still. a pesticide are rarely studied, studies of
NORTHWEST COALITION FOR ALTERNATIVES TO PESTICIDESINCAP
P.O. BOX 1393, EUGENE, OREGON 97440 / (541)344 -5044 7S
JOURNAL OF PESTICIDE REFORNIMINTER 2000 • VOL. 20, NO, 4
Figure 4
Examples of Triciopyes Effects on Nontarget Plants
y 40 a
60
Mosses and Lichens
o MgCenlrizal Fungi
30
�^
� �
m
yc`m
m
m'
g-6E
N E
20
v G
Em
yoo
a
o
�U
E
oEo 20
c 10
t m�
m
c
E
2
a'
C7
a 0
0
Before 1 2 3
Note: Lines above bars Unexposed 1 10
treatment Years aftertreatment
are standard deviations. Triclopyr concentration in ppm
Sources:
(butoxyethyl ester)
Estok, D., S. Freedman, and D. Boyle. 1989. Effects of the herbicides 2,4 -D, glyphosate, hexazinone, and triclopyr on the growth of three species of
ectomyconhizal fungi. Bull. Emiron. Confam. Toxicol. 42:835-839.
Newmaster, S.G., F.W. Boil. and D.H. Vitt. 1999.. The effects of glyphosate and triclopyr on common bryophytes and lichens in northwestern Ontario.
Can. J. For. Res. 29:1101 -1111.
Triclopyr has a variety of effects on plants which are not intended to be targets of its herbicidal activity. Triclopyr treatment reduces the
abundance of mosses and lichens in forest ecosystems. It also reduces the growth of beneficial mycorrhizal fungi.
triclopyr have found unexpected impacts
on several levels of an ecosystem.
Two studies by researchers from Okla-
homa State University looked at the link
between triclopyr treatment and the abun-
dance of parasitic worms in cotton rats
and cottontail rabbits in an area of oak
forest and tallgrass prairie. In both stud-
ies, certain species of parasites were less
common in animals trapped in areas that
had been treated with triclopyr. These
parasites use insects and mites as hosts
during part of their life cycle. Triclopyr,
by reducing vegetation and therefore in-
creasing temperatures on the forest floor,
reduced populations of these insects lead-
ing to reduced populations of the para-
sites. A study of intestinal roundworms
in mice conducted in the same forests
had similar results.48 -42
Use of triclopyr to kill unwanted veg-
etation on loblolly pine plantations also
resulted in complex ecological interac-
tions. Triclopyr- treated trees were ap-
proximately twice as likely as untreated
trees to be damaged by the tip moth.
The tip moth damage then increased the
risk for fusiform rust, a pine disease.43
A third example of complex ecological
interactions involves populations of slugs
and snails in spruce forests. The slugs and
snafls are used as "indicators of ecosys-
tem change" because they are important
components of boreal ecosystems and
vulnerable to pesticide effects because they
are relatively immobile. A Canadian study
found that areas treated with the triclopyr
herbicide Release had approximately half
as many slugs and snails as did untreated
areas. The reduction in numbers of slugs
and snails was attributed to lack of veg-
etation: because plants were killed by the
triclopyr, the soil surface was warmer and
drier and there was less leaf litter
deposited on the soi1.44
Effects on Nontarget Plants
As a broadleaf herbicide, triclopyr ef-
ficiently kills many species of plants.
However, it can also have unintended ef-
fects on plants that are not the target of
the herbicide application. These effects
include drift damage, genetic damage,
inhibition of mycorrhizal fungi, reduc-
tion of nitrogen cycling, damage to
mosses and lichens, and stimulation of
algae blooms.
Drift damage: Because it is a potent
herbicide, tiny amounts of triclopyr can
damage sensitive plants.. For example,
nine species of ornamental annual flow-
ers were damaged by triclopyr in amounts
equivalent to 0.05 percent of the maxi-
mum application rate recommended on
product labels45; less than 0.1 percent of
the maximum label rate damaged peanut
and cucumber seedlings46; and less than
1 percent of the maximum rate is suffi-
cient to reduce yield of cotton plants.47
When EPA assessed asks from drift of
trielopyr,48 they concluded that one low -
rate use, ground applications on rice, did
not exceed the agency's "level of concern,"
but "in all other registered uses for both
triclopyr triethylamine and triclopyr
butoxyethyl ester, the level of concern for
acute risk to nontarget plants "48 was ex-
ceeded.
Genetic damage: In dividing onion
root cells, triclopyr butoxyethyl ester
causes the formation of abnormal chm-
mosomes.49
Mycorrhizal fungi: Triclopyr herbi-
cides inhibit the growth of a number of
species of mycorrhizal fungi. (See Figure
4.) These are fungi that grow in or new
plant roots and increase the uptake of
nutrients by the plant. The most sensi-
tive species are fnhfbfted by concentra-
tions of 0.1 ppm 50,51 Using the GLEAMS
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JOURNAL OF PESTICIDE REFORMIWINTER 2000 - VOL, 20, N0. 4
(Groundwater Loading Effects of Agri-
cultural Management Systems) model de-
veloped by the U.S. Department of Agri-
culture,52 the U.S. Drug Enforcement
Agency calculated that soil concentrations
of the triethylanime form of triclopyr used
at typical application rates would equal
or exceed the concentrations that have
inhibited the growth of mycorrhizal
fungi. 53
Nitrogen cycling: Atmospheric nitro-
gen must be transformed by microorgan-
isms before it is usable by plants as a
nutrient. One step in this process, trans-
formation of ammonia to nitrite, is in-
hibited by triclopyr. A laboratory study
at the Swedish University of Agricultural
Sciences found that triclopyr was more
potent in reducing this activity than about
70 percent of the 48 pesticides tested.54
Mosses and lichens: Mosses and li-
chens are important parts of forest eco-
systems, contributing to nutrient cycling,
production of high - quality, seedbeds, and
maintenance of appropriate moisture con-
tent. Application of the butoxyethyl ester
of triclopyr reduced the diversity of
mosses and lichens on a replanted clear -
cut in Ontario, Canada, by 60 percent.
The abundance of mosses and lichens at
the same site was reduced 75 percent.
(See Figure 4.) The reductions persisted
for the duration of the study, two years.55
In a laboratory study, triclopyr damaged
membranes and decreased photosynthe-
sis in the lichen Pelr1'gem.56
Algae: Treatment of a Canadian stream
with concentrations of the ester form of
triclopyr designed to mimic an acciden-
tal overspray caused an increase in the
growth of algae in the stream. This algae
bloom persisted for 40 days. Researchers
believe that the algae growth was either
the result of excessive nutrients, if the
algae used the triclopyr as a source of
nutrients, or a result of triclopyr's activ-
ity as a plant hormone 57
Endangered Species
According to EPA's assessment of
triclopyr s risks to endangered species, the
agency's "levels of concern"58 are exceeded
for the triethylamme salt of triclopyr for
birds, mammals, and aquatic and terres-
trial plants. For the butoxyethyl ester,
"levels of concern"58 are exceeded for
birds, mammals, fish, aquatic inverte-
brates, estuary species, and aquatic. and
terrestrial plants. EPA has not yet deter-
mined what protective measures are
necessary.58
Persistence in Soil
Triclopyr's persistence in soil is vari-
able. According to EPA, half -lives (the
amount of time it takes for half of an
applied chemical to break down or move
away from the treatment site) of triclopyr
measured infield studies varied from 10
to almost 100 days. In general, half -lives
were longer on forestry sites than they
were on agricultural sites.59
EPA also reported that enough
triclopyr persisted in field studies to re-
duce the yield of cucumber plants for 3
or 4 months after treatment with the tri-
ethylarnme salt, depending on application
rate.60 A field study in western Oregon
found that triclopyr persisted for a year
after treatment with the amine salt.61 EPA
also reports persistence of over a year in
another field study.62
Mobility in Soil
According to EPA, triclopyr is "very
mobile" in soil.63 Triclopyr molecules are
not strongly held by soil or sediment
particles.6
Contamination of Water
Ground water: Since triclopyr is mo-
bile in soil, as well as "somewhat persis-
tent," EPA "believes this chemical has the
potential to leach to ground water. "65 Al-
though there has been "Iimited monitor-
ing for triclopyr in ground water, "fi5 stud-
ies have found triclopyr contamination
_ Figure S. Triclopyr in Urban Streams
U A
tiafarm �." - --
T`,ndm p _ .:�.
WWT311 rFnt'Cn Cew �
.tMrdve,
Fin unroa asl�
l'..VW InN `vs -n t`rN•
�+� ® Triclopyr detected
ss
.xrcc= Triclopyr not detected
Sources:
U.S. Geological Survey. 1999. Pesticides detected in urban streams during rainstorms and relations
to retail sales of pesticides in King County, Washington. USGS Fact Sheet 097 -99. Tacoma WA, Apr.
U.S. Geological Survey. Undated. Puget Sound Basin NAWQA data. hfp : / /wa.water.usgs.govl
pugtlfs.09- 99 1data.ecy.
Triclopyr was found in all but two of the urban streams studied by the USGS near Seattle,
Washington.
NORTHWEST COALITION FOR ALTERNATIVES TO PESTICIDES/NCAP
P.O. BOX 1393, EUGENE, OREGON 97440 / (541)344 -5044 17
JOURNAL OF PESTICIDE REFORM/ WINTER 2000 • VOL. 20, NO. 4
in wells in - two states, Virginia and
Texas.65 The GLEAMS model indicates
that the triethylamine salt of triclopyr
amine is more likely to move through
soil and into ground water than the
butoxyethyl ester.66
Surface Water: Triclopyr also contami-
nates rivers and streams. A recent national
monitoring program conducted by the
U.S. Geological Survey (USGS) found
triclopyr in 8 of the 20 river basins stud -
ied.67
On a smaller scale, a USGS study of
Figure 6
3, 5,8- Trichloro-2- pyndinol
(TCP)
C SCI
Cl I / H
N
Tdclopyr's major metabolite.
10 urban watersheds near Seattle, Wash-
ington, found triclopyr at 90 percent of
the sites sampled 68 indicating that con-
tamination of ,urban streams with
triclopyr may be widespread. (See Figure
5.) Triclopyr has also contaminated
streams following aerial forestry applica-
tions; rivers following applications to rice
fields; and surface water following golf
course appltcations.61,69 -72
The GLEAMS model indicates that
the butoxyethyl ester of triclopyr is more
likely to run off into surface water than
its triethylamine salt.73
Hazards of Triolopyr's Major
Metabolite
The most common breakdown prod-
uct of triclopyr in mammals, as well as in
soil and water, is 3,5,6-trichloro-2-
pyridino1.74 (TCP; See Figure 6.) TCP
has also been found in meat and meat
fat.15 Interestingly, TCP is a major
Figure 7
Effect of TCP on the Growth. of (Nerve Cells
100
V
a Note: Lines through data points
o show standard errors.
d
Bo
� I
60
d
a
m + Gray area shows concentrations of
40 TCP that have been measured in
.c brains of fetal laboratory animals
ofollowing exposure of their mothers to
rn 20 pesticides.
d
U
N
Z
v 0
z
Unexposed 0.2 0.4 0.6 018 1.0
TCP concentration (parts per million)
Source:
Das, K.P. and S. Barone, 1999. Neuronal differentiation in PC12 cells is inhibited by
chiorpyrifos and its metabolites: Is acetylcholinestemse inhibition the site of action? Toxicol.
AppL Pharmawl. 160:217 -230.
Hunter, D.L., T.L. Lassiter, and S. Padilla. 1999. Gestational exposure to chlorpyrifos:
Comparative distribution of tdchloropyridinol in the fetus and the dam. ToxicoL Appl.
Phermecot. 158:16 -23.
In laboratory studies relatively low concentrations of TCP inhibit the growth of nerve cells.
metabolite of the organophosphate
insecticide chlorpyrifos 76
The most significant health hazard
identified for TCP is that it may be espe-
cially hazardous to children. Recently
(1999), EPA researchers studied the abil-
ity of TCP to disrupt the development
and maturation of the nervous system that
occurs in fetuses, infants, and children.
Using a laboratory test system (a cell cul-
ture), the researchers showed that expo-
sure to TCP inhibits neurons (nervous
system cells) from undergoing normal
growth. Concentrations of only 0.2 porn
were sufficient to disrupt growth.77 (See
Figure 7.) Concentrations equal to this
level have been measured in the brains of
fetal laboratory animals whose mothers
were exposed to pesticides. In addition,
when researchers compared TCP concen-
trations in brains of fetal laboratory ani-
mals with those in their mothers brains,
the fetal concentrations were between two
and four times greater than those in ma-
ternal brains, suggesting that TCP accu-
mulates in fetal brains. 8
TCP also disrupts the functions of
mitochondria, structures in virtually all
cells that convert food into energy usable
by the cell. In a study using mitochon-
dria from rat liver cells, concentrations
of 2 ppm TCP reduced four measures of
mitochondrial function by at least 30 per -
cent.79
TCP also poses a variety of environ-
mental hazards: it is -very mobile" in a
variety of soil types and is also often more
persistent than triclopyr itself 9; it is toxic
to soil bacteria (based on tests of a model
species)"; and it is toxic to chicken em-
bryos.81 ,
References
1. U.S. EPA. Prevention, Pesticides and Toxic
Substances. 1998. Reregistration eligibility de-
cision (RED): Triclopyr. Washington, D.C., Oct.
Pp.2 -5.
2. Dow AgroSciences. 1999. Garlon 3A Herbicide.
Material safety data sheet. Indianapolis, IN.
www.dowagro.com.
3. Dow AgroSciences. 1999. Garlon 4 Herbicide.
Material safety data sheet. Indianapolis, IN.
www.dowagm.com.
4. Dow AgroSciences. 1999. PathfindeMl Herbi-
cide. Material safety data sheet. Indianapolis,
IN. www.dowagro.com.
S. Dow AgroSciences. 1999. Remedy- Herbicide.
Material safety data sheet. Indianapolis, IN.
NORTHWEST COALITION FOR ALTERNATIVES TO PESTICIDESINCAP
18 P.Q. BOX 1'393, EUGENE, OREGON 97440 I (541)344 -5044
JOURNAL OF PESTICIDE REFORMIWINTER 2000 • VOL, 20, NO. 4
www.dowagro.com.
6. Dow AgroSciences. 1999. Turfion Ester Herbi-
cide. Material safety data sheet Indianapolis,
IN. www.dowagm.com.
7. Dow AgroSciences Canada, Inc. 1998, Release
Herbicide. Material safety data sheet. Calgary,
Alberta, Canada. www.dowagm.comlcanada.
8. Ware, G.W. 2000. The pesticide book. Fifth ad!-
ton. Fresno CA: Thompson Publications. p. 190.
9. Rat. 41, p. 4.
10. Whitmore, R.W., J.E. Kelly, and P.L. Reading.
1992. National home and garden pesficide use
survey. Final report, volume 1: Executive sum-
mary, results, and recommendations. Research
Triangle Park NC: Research Triangle Institute,
Table G.1.
11. Lower, P. and W.J. Owen, 1990. Selective ac-
tion of the herbicide triclopyr. Pest. Biochem.
Physial. 36:167 -200.
12. Federal Insecticide, Fungicide, and Rodenticide
Act Sec. 2(m).
13. 40 Code of Federal Regulations § 158.340.
14. U.S. EPA. Office of Prevention, Pesticides and
Toxic Substances. 1999. Letter re: Freedom of
Information Act request RIN- 126797 from C.
Fudow, Office of Pesticide Programs Public in-
formation and Records Integrity Brunch, to D.
Goodman, Northern Appalachian Restoration
Project,
15. U.S. EPA. Office of General Counsel. 1997. Re:
NCAP, at al. V. Browner, Civil Action No. 94-
1100 (JR). Letter from DA. Sadowsky, U.S. EPA,
Office of General Counsel, to M. Axime, West -
em Environmental Law Center.
16. U.S. Dept. of Justice. Drug Enforcement Admin-
istration. 1998. Cannabis eradication in the con-
tiguous United States and Hawaii. Supplement
to the environmental impact statements. Wash-
' inglon, D.C., Apr, Pp. 145 -146.
17. Ref. #1, p. 6-7
18. U.S. EPA. Prevention, Pesticides and Toxic Sub-
stances. 1998. Health effects test guidelines:
OPPTS 870.2600. Skin sensitization. Washing-
ton. D.C., Aug. wwvr.epa.gov /pes8cldes.
19. Ref. #1, pp. 8.
20. Ref. #1, pp. 8 -9.
21. U.S. EPA. 1985. Tolerances and exemptions
from tolerances for pesticide chemicals in or on
raw agricultural commodities; triclopyr. Fed. Reg.
50(84):18485- 18486.
22. Timchalk, C. and R.J. Nolan. 1997. Phamlaco-
kinetics of triclopyr (3,5,6-tfichl0ro-2-
pyridinyloxyacefic acid) in the beagle dog and
rhesus monkey: Perspective on the reduced pa-
pacity of dogs to excrete this organic acid
relative to the rat, monkey, and human. Toxicol.
Appl. Pharmacol. 144:268 -278.
23. Timchalk, C., D.R. Flaw, and J.F. Quasi. 1997.
Evaluation of renal function in rhesus monkeys
and comparison to beagle dogs following oral
administration of the organic acid tdclopyr (3,5,6 -
trichloro- 2- pyddinyloxyacetic acid)- Fund. Appl.
Toxicol. 36:47 -53.
24. Ref. #1, p. 9.
25. Ref. #1, pp. 14 -15.
26. U.S. EPA. Office of Prevention, Pesticides, and
Toxic Substances. 1996. Carcinogenicity peer
review of triclopyr. Memo from McMahon, T.F.,
and E. Rinds, Health Effects Div., to R. Taylor,
Registration Div. and T. Luminelio, Special Re-
view and Reregistmtion Div. Washington, D.C.,
May 9.
27. U.S. EPA. 1984. Proposed guidelines for car-
cinogen risk assessment. Fed. Reg. 49:46299-
46300.
28. Ref. #1, pp. 11 -14.
29. Ref. #1, pp. 37 -38.
30, U.S. EPA. 1981. Untitled mama. Review of one -
generation reproduction study - mallard duck.
Reviewed by C.M. Natalia, Jan. 5.
31. Rat. #1, pp. 41 -46.
32. Morgan, J.D. at at. 1991. Acute avoidance mac -
Bons and behavioral responses of juvenile rain-
bow trout (Oncodtynmhus mykiss) to Garton 4A®,
Garton 30, and Vision ®'herbicides. Environ.
Traded. Chem. 10:73 -79.
33. Kreutzwefser. D.P. at al. 1995. Field evaluation
of tdclopyr ester toxicity to fish. Arch. Environ.
Confam, Toxicol 28:18 -26.
34. Ref. #1, pp. 40,41,45,46.
35. Benin, M. at at. 1994. Effects of low concentra-
tions of forest -use pesticides on frog embryos
and tadpoles. Environ. Toxicol: Chem. 13:657-
664.
36. Asteraki, E.J., C.B. Hanks, and R.O. Clements.
1992. The Impact of chemical removal of the
hedge -base flora on the community structure of
carabid beelles (Col., Cambidae) and spiders
(Amneae) of the field and hedge bottom. J. APPI.
Ent. 113:398-406.,
37. Searle, G.G., D.R. Penman, and R.B. Chapman.
1990. The toxicity of herbicides to the gorse
spider mite Tetranychus linteahus. Proo. N.Z.
Past Control Conl 1990: 178 -181.
38. Ref. #1, p.45.
39. Lautenschlager, R.A., F.W. Bell, and R.G.
Wagner. 1997. Alternative conifer release treat-
ments affect small mammals in northwestern
Ontario. For. Chron. 73:99 -106.
40. Boggs, J.F. at al. 190. Influence of habitat modk
fication on the intestinal helminth community
ecology of cottontail rabbit populations. J. Wlldl.
Dis. 26:157 -169.
41. Boggs, J.F. at al. 1991. Influence of habitat modi-
fication on the community of gastrointestinal hel-
minths of cotton cots. J. Widl. Dis. 27:584 -593.
42. Boren, J.C. at al. 1993. Responses of intestinal
nematodes in white- footed mouse populations
to rangeland modification. Prod. Okla. Aced. Sm.
73:3944.
43. Fitzgerald, J.A., P.M. Dougherty, and M.B.
Edwards. 1995. Influence of hardwood control
on loblolly pine (Pins stood L.) seedling and
herbaceous species development in the Geor-
gia Piedmont, U.S. Forest Service, Southern
Research Station. General Technical Report
SRS-1. Pm. 6th biennial Southern Silviculture[
Research Conference: Auburn, Alabama, Nov.
1-3,1994. Pp.102 -107.
44. Prezio, J.R. at al. 1999. Effects of alternative
conifer release treatments on tenesuial gastro-
pods in regenerating spruce plantations. Can. J.
For. Res. 29:1141-1148,
45. Hatterman- Valenti, H., N.E. Christians, and
M.D.K. Owen. 1995. Effect of 2,4 -D and triclopyr
on annual bedding plants. J. Environ. Hon.
13:122 -125.
46. Savoy, R.W. and R.E. Meyer. 1981. Effects of
2,4,5 -T, tdclopyr, and 3,6- dichloropicolinic acid
on crop seedlings. Weed Sol. 29:256 -261,
47. Jacoby, P.W., C.H. Meadors, and L.E. Clark.
1990. Effects of tdclopyr, clopyrelid, and Pluto-
rem on growth and production of cotton. J. Prod.
Agric. 3:297 -301,
48. Ref. #1, pp.103 -104.
49. El- Khodary, S., A, Habib, and A. Helium. 1989.
Cytological effect of the herbicide Garion -4 on
root miosis of Allium cepa. Cytoi. 54:465-472,
50, Estok, D., R Freedman, and D. Boyle. 1989.
Effects of the herbicides 2,4 -0, giyphosate,
hexazinone, and bidopyr on the growth of three
species of ectomycarrhizal fungi. Bull. Environ.
Contam. Toxicot. 42: 835 -839.
51. Chakmvarty, P. and 83. Sidhu. 19B7. Effect of
giyphosate, hexazinone, and tdclopyr on in vitro
growth of five species of ectomyconhizal fungi.
Eur. J. For. Pam. 17:204 -210.
52. Ref. #16, p. 44.
53. Ref. #16, p.145.
54. Pall, M., B. Stenberg, and L. Torstensson. 1998.
Potential denitrification and nitrification tests for
evaluation of pesticide effects in soil. Ambio
27:24 -28.
55. Nawmaster, S.G., F.W. Bell. and D.H. Vitt. 1999.
The effects of giyphosate and tdclopyr on cam-
men bryophytes and lichens in northwestern
Ontario. Can. J. For. Res. 29:1101 -1111.
56. Brown, D.H., C.J Standeli, and J.E. Miller. 1995.
Effects of agricultural chemicals on lichens.
Crypt. But 5:220 -223.
57. Thompson, D.G. at al. 1995. Fate and effects of
triclopyr ester in a firsborder forest stream.
Environ. Toxicol Chem. 14:1307 -1317.
58. Ref. #1, pp. 97 -98. _
59. Ref. #I. pp.58.61.
60. U.S. EPA. 1975. EEB branch review: Graven 3.
Unpublished memo, Dec. 2,
61. Norris, L.A., M.L. Montgomery, and L.E. War-
ren. 1987. Tridopyr persistence in western Or-
egon hill pastures. Bull. Environ. Contam,
Toxicol 39: 134 -141.
62. U.S. EPA. 1978. EEB branch review: Garton 3A
herbicide. Unpublished memo, July 6. p.45.
63. Ref. #1, p. 62.
64. Ref. #1, p. 53.
65. Rat. #1, pp. 62-64.
66. Ref. #16, pp.138 -139.
67. U.S. Geological Survey. National Water - Quality
Assessment (NAWQA) Program. 1998. Circulars
1144,1150, 1151, 1155.1171. http: //
water.usgs.gov/pubs /nawgasund.
68. U.S. Geological Survey. 1999. Pesticides de-
tected in urban streams during rainstorms and
relations to retail sales of pesticides in King
County, Washington. USGS Fact Sheet 097 -99.
Tacoma WA. Apr.
69, Rearm, E, and C. Greber. 1993. Effectiveness
of best management practices for aerial appli-
cation of forest pesticides. Olympia, WA: Wash -
ington State Dept. of Ecology, Oct. Pp.18 -22.
70. Rat. #1, p. 65.
71. Cohen, S. at al. 1999. Ground water quality:
Water quality impacts by golf courses. J. Environ.
Quat. 28:798 -809.
72. Levy, T.L., J.D. Matilda, and R.J. Norman. 1998.
Environmental implications of pesfitldes In rice
production - 1997. Univ. of Arkansas. Div. of
Agriculture. Arkansas Agricultural Experiment
Station. Research Series 460. Rice Research
Studies 1997. Pp. 63-71.
73. Ref. #16, pp.136.137.
74. Ref. #1, pp. 16, 58 -60.
75. Ref. 111, p.19.
76. Ref. #i, p. 31.
77. Des, K.P. and S. Barone. 1999. Neuronal differ.
entiation in P012 cells is inhibited by chlorpyritos
and its metabolites: Is acetyicholinesterase inhi-
bition the site of action? Toxicol. Appl.
Phamlacol. 160:217.230.
78. Harter, D.L., T.L. Lassiter, and S. Padilla. 1999.
Gestational exposure to chlorpyrifos: Compara-
tive distribution of trichloropyridinol in the fetus
and the dam. Toxicol. Appl. Pharmzcof. 158:16-
23.
79. Abo- Khatwa, N. and R.M. Hollingworth. 1974.
Pesticidal chemicals affecting some energy-
linked functions of rat liver mitochondria in vitro.
Bull. Environ. Contam. Tomcat. 12:446-453.
80, Somasundaram, L. at al. 1990. Application of
the Microtox system to assess the toxicity of
pesticides and their hydrolysis metabolites. Bull
Environ. Contam. Toxicol. 44:254 -259.
81. Muscareila, D.E., Keown, J.F., and S.E. Boom.
1984. Evaluation of the genotoxic and
embryotoxic potential of chlorpydfos and its me-
tabolites in vivo and in vitro. Environ. Mufag.
6:13 -24.
NORTHWEST COALITION FOR ALTERNATIVES TO PESTICIOESINCAP
P.O. BOX 1393, EUGENE, OREGON 97440 / (541)344 -5044 19
Chemical Formulation & Use Profile
Triclopyr (3,5,6-trichloro-2-pyridyloxyacetic acid) is a selective herbicide
used to control woody and broadleaf plants in agriculture, forestry, parkland,
roadway, and residential settings. Triclopyr is in the pyridine carboxylic acid
chemical family. Exposure to triclopyr causes irregular hormone behavior in
plants, causing abnormal growth, and eventually death. It is common in two
forms: triethylamine salt (Garlon 3A) and butoxyethyl ester (most other
commercial products). Triclopyr products are formulated as soluble
concentrates, emulsifiable concentrates, liquids (pressurized and ready-to-
use), granulars, wettable powders and pellets.
Human Health Risk Summary
Acute Effects: Brief exposure to triclopyr has been found to cause severe
eye damage, skin sensitization, dizziness and/or drowsiness, respiratory
irritation, and gastrointestinal irritation. Acute exposure has also been linked
to blood, kidney, liver, and nervous system toxicity in animals
Chronic Effects: Carcinogenicity: Though not widely classified as a
carcinogen, two unpublished studies on triclopyr ingestion by rats and mice
have suggested increased frequency of mammary gland cancer at high
doses, DReproductive & Developmental Toxicity: In experimental animal
studies, high doses of triclopyr have been shown to cause reproductive and
developmental abnormalities, including: increased fetal death, skeletal
malformations, as well as liver and kidney defects.
Ecological Hazard _Summary
d S�
Environmental Fate: Triclopyr is moderately persistent in soil, with an
estimated half-life from 30-90 days, though it has been shown to persist for
over a year depending on conditions. In an aquatic setting, half-life ranges
from several hours to 10 days depending on water-depth and sunlight
conditions. Adsorption to soil particles varies based on formula and soil type.
Butoxyethyl ester has a greater potential for surface-water runoff and
waterway contamination than the triethylamine salt, due to its low soil
adsorption capacity. Butoxyethyl ester and TCP (the most common
breakdown product of triclopyr) may pose significant risks to groundwater
and surface water sources. ❑Risk to Non-Target Flora & Fauna: Triclopyr has
been shown to be moderately to highly toxic to freshwater plants and fish as
well as some marine vertebrates and invertebrates when in butoxyethyl ester
form, as well as in the clegradate (TCP) form. Salmonid species of fish have
been shown to be more sensitive to both the ester form and TCP than other
species tested. , Both fish and amphibian species have exhibited behavioral
defects, reduced oxygen uptake and loss of motor control when exposed to
low doses of triclopyr. At least one study has indicated that mammal
populations dwelling in forested areas treated with triclopyr have been
significantly reduced. Because triclopyr is a potent plant growth disruptor,
unintended target plants may be destroyed due to spray drift, leaching,
erosion and storm-caused translocation. Additionally, triclopyr has been
shown to disrupt the normal growth and nutrient cycling properties of
microorganisms, fungi, mosses and algae; all of which perform critical
functions to maintain a healthy ecosystem.
Toxicity of Inert Ingredients
Commercial triclopyr products are typically composed of 40-50% of the
triclopyr acid or salt, and 50-60% of inert ingredients or surfactants. Many of
these additives have shown to be significantly more toxic to both humans
and animals than triclopyr itself. One of these compounds ethylenediamine
tetraacetic acid (EDTA) has been shown to cause birth defects, cleft palate,
and abnormal skeletons in test animals. EDTA has also been shown to be 10-
fold more toxic to fish than the Garlon formulation alone. Another inert,
triethylamine is extremely toxic to the eyes, skin and respiratory system. At
least one commercially available triclopyr products contains kerosene, which
has been linked to severe gastrointestinal, respiratory and nervous system
toxicity.
Triclopyr and commercially available products containing this herbicide are of
particular concern to human health and the environment, due to: 1) potential
toxicity from acute and chronic exposures, including eye, skin, respiratory
and gastrointestinal injury; 2) potential adverse effects to non-target plants
and animals, due to over-spray, drift, leaching, and translocation to aquatic
habitats from weather and erosion factors; and, 3) the potentially extreme
hazard to both humans and animals from exposure to "inert" ingredients in
triclopyr products, such as EDTA, triethylamine, and kerosene.
Common Commercial Names
Garlon 3A, Garlon 4, Crossbow, Brush-B-Gone, Weed B Con, Pathfinder.
References
Tu, M., et al. Weed Control Methods Handbook, The Nature Conservancy.
April, 2001.
USEPA/OPP, "Reregistration Eligibility Decision: Triclopyr." 1998.
Ibid, pp, 6-9,
National Library of Medicine/HSDB. "Triclopyr." Non-Human Toxicity
Excerpts. Accessed: Apr., 2006.
Tsuda, S.; Ebino, K.; Ikeda, M.; et al. (1987) Triclopyr: 22-month Oral
Chronic Toxicity and Oncogenicity Study in Mice. Unpublished study prepared
by The Institute of Environmental Toxicology. 1465 p.
Eisenbrandt, D.; Firchau, H.; Wolfe, E.; et al. (1987) Triclopyr: 2-year
Dietary Chronic Toxicity-oncogenicity Study in Fischer 344 Rats: Final
Report: Laboratory Project No. HET K-042085-026. Unpublished study
prepared by Dow 'Chemical Co. 1094 p.
11bid, ref. #2, pp 11-14.
Kamrin, M.A. Pesticide Profiles. Triclopyr, Environmental Fate. Lewis
Publishers, New York, NY. Pg. 526. 1997,
Norris, L.C., et al. 'Triclopyr Persistence in Western Oregon Hill Pastures."
Bulletin of Environmental Contamination & Toxicology. 39:134-141. 1987.
Petty, D.G., et al. "The aquatic fate of triclopyr in whole-pond treatments,"
Pest Management Science. 57(9):764-775. 2001.
McCall, P.J., and P.D., Gavit, "Aqueous photolysis of tricipyr and its
butoxyethyl and caculated environmental photodecom position rates."
Environmental Toxicology & Chemistry. 5:879-885. 1986.
Ibid, ref. #2, pp. 62-64.
U.S. Dept. of Justice. Drug Enforcement Administration. "Cannabis
eradication in the contiguous United States and Hawaii." Supplement to the
environmental impact statements. Washington, D.C., pp. 136-137. 1998,
Ibid, ref. #2, pp. 40-50.
Tarkowski, G.E. "Triclopyr butoxyethyl ester, Analysis of Risks to Endangered
and Threatened Salmon and Steelhead,." Environmental Field Branch Office
of Pesticide Programs, p. 11. Dec., 2004.
Ibid - RED, p. 41-42
Berrill, M., et al. "Effects of low concentrations of forest-use pesticides on
frog embryos and tadpoles," Environmental Toxicology and Chemistry.
13(4):657-664. 1994.
Morgan, J.D. at al. "Acute avoidance reactions and behavioral responses of
juvenile rainbow trout to Garlon 4A, Garion 3A, and Vision herbicides."
Environmental Contamination &Toxicology. 10:73-79. 1991.
Kreutzweiser, D.P. et al. 'Field evaluation of triclopyr ester toxicity to fish."
Archives of Environmental Contamination &Toxicology. 28:18 -26. 1995.
Johansen, J.A. and Geen, G.H. "Sublethal and acute toxicity of the ethylene
glycol butyl esther ester formulation of triclopyr to juvenile coho salmon."
Archives of Environmental Contamination & Toxicology. 19(4):610-616.
1990.
Lautenschlager, R.A. at al. "Alternative conifer release treatments affect
small mammals in northwestern Ontario." Forestry Chronicle. 73:99-106.
1997.
Chakravarty, P. and Sidhu, S. "Effect of glyphosate, hexazinone, and triclopyr
on in vitro growth of five species of ectomycorrhizal fungi." European Journal
of Forest Pathology. 17:204-210. 1987.
Newmaster, S.G. et al. "The effects of glyphosate and triclopyr on common
bryophytes and lichens in northwestern Ontario," Canadian Journal of Forest
Research. 29:1101-1111. 1999.
Prezio, J., et al. "Effects of alternative conifer release treatments on
terrestrial gastropods in regenerating spruce plantations." Canadian Journal
of Forest Research. 29:1141-1148. 1999.
Shepard, T.H. Catalog of Teratogenic Agents. 5th ad. Baltimore, MD: The
Johns Hopkins University Press, p. 227. 1986.
Abdelghani, A., et al. "Toxicity evaluation of single and chemical mixtures of
Roundup, Garlon-3!, 2,4-D, and syndets surfactant to channel catfish,
bluegill sunfish, and catfish." Environmental Toxicology and Water Quality,
12:237 - 243.1997.
U.S. Coast Guard, Department of Transportation. CHRIS - Hazardous
Chemical Data. Volume II. Washington, D.C.: U.S. Government Printing
Office, 1984-5.
Gosselin, R.E., R.P. Smith, H.C. Hodge. Clinical Toxicology of Commercial
Products. 5th ed. Baltimore: Williams and Wilkins, p. 111-223. 1984.
#7A
CITY OF SHOREWOOD 5755 COUNTRY CLUB RD
PARK COMMISSION MEETING SHOREWOOD CITY HALL
TUESDAY, AUGUST 13, 2013 7:00 P.M.
MINUTES
1. CONVENE PARK COMMISSION MEETING
Chair Quinlan convened the meeting at 7:00 p.m.
A. Roll Call
Present: Chair Quinlan; Commissioners Edmondson, Hartmann, Mangold, Dietz,
;
and SawtellCity Council Liaison Sundberg; City Planner Nielsen
Absent: Kjolhaug
B. Review Agenda
Hartmann moved to approve the agenda as written. Mangold seconded the motion. Motion carried 6-
0.
2. APPROVAL OF MINUTES
A. Park Commission Meeting Minutes of July 9, 2013
st
Commissioner Edmondson moved to approve the minutes of the July 9, 2013 meeting as amended: 1
th
paragraph, 4 sentence: amend sentence to read: Edmondson stated he wanted a picnic shelter and
not a warming house with bats at Badger; seventh line down, amend sentence to include: Edmondson
noted the skate park garden fence has still not been installed. Mangold seconded the motion. Motion
carried 6-0.
3. MATTERS FROM THE FLOOR
There were none.
4. INTRODUCTION OF CITY ADMINISTRATOR BILL JOYNES
Administrator Joynes was present and gave a background on his 42 years of municipal experience. He
noted he works three days a week. He discussed future plans for the City.
Joynes discussed his concerns about budget issues. He stated it is important to get budget issues
straightened out so the various commissions can do what they want to do in the way of park projects.
Joynes offered to come back and discuss how the park needs fit into the budget. Joynes briefly
touched on the future of the Southshore Center. He invited Commissioners to stop and visit him.
Sundberg discussed the progress-to-date of the Southshore Center Advisory Committee and
which of the communities are willing to be collaborative. She believed the Park Commission
could be a real asset when determining the future of the Center.
PARK COMMISSION MINUTES
TUESDAY, AUGUST 13, 2013
6
PAGE 2 OF
Quinlan discussed possible examples of collaborating with other cities on park uses and the
importance of the cities’ working together to support the Center.
5. CIP DISCUSSION
Quinlan referenced a staff report relating to the CIP. He noted the Commission needs to discuss
recommendations for the CIP.
Hartmann stated she didn’t see the maintenance of the asphalt trails in Freeman Park on the list.
Quinlan stated the Commission had discussed that sometimes there is a fine line between maintenance
and capital improvements. Nielsen stated in the past, if it is more than $5,000 it would be included in
the CIP. If it just patching and overlay, it would be more of a maintenance item. He stated costs need
to be assigned to get items in the CIP or in the budget.
Mangold believed that something more definitive should be determined out rather than if it is over
$5,000. Quinlan agreed noting some items are clearly CIP items, such as replacing playground
equipment.
Nielsen stated there are other items in the CIP that the question of timing was raised. He noted
Silverwood is on the list for playground replacement five years before necessary.
Mangold suggested that the “ratings” be dated.
In response to a question from Edmondson, Nielsen stated a list of the actual year-to-date costs on CIP
projects will be provided at the September meeting. Edmondson cited examples of projects where they
were under budget such as Gideon Glen.
Quinlan stated it appears the consensus is that Silverwood playground equipment will be moved out
five years.
In response to a question from Dietz, Nielsen discussed how the CIP is developed and projects are
designated for specific years. He noted it is a 5-year plan showing the projects that will be done. He
stated priorities are based on need and/or cost following discussion. He noted every year the projects
move forward and budgeting is done for the following year. He stated sometimes projects are added
because of neighbors’ demands.
Quinlan stated the CIP is a planning document. He didn’t necessarily see it as “locked in stone”. He
viewed it as a list of park priorities. The determination can be made that a certain project can be put off
to a future year.
Edmondson stated items can also be dropped completely. Sometimes items are moved out ten years.
Dietz noted there is almost a million dollars in 2017 and the majority is towards equipment
replacement. There is an imbalance as very little is going towards green space.
PARK COMMISSION MINUTES
TUESDAY, AUGUST 13, 2013
6
PAGE 3 OF
Quinlan discussed the need for more vision into what is needed in the parks.
Nielsen stated funding affects the CIP. He noted opportunities, such as grant money, can become
available resulting in an item being moved up a year or more. Edmondson noted the playground
equipment in Manor Park was funded with grant money.
Hartmann suggested a water line be added at Freeman Park (?). Mangold suggested items be identified
as having been “bumped”.
Nielsen stated he was unsure whether the equipment at Silverwood would even need to be replaced in
five years as it is in very good condition. He suggested the list be made and the years assigned to each
item.
Commissioners discussed the condition of the playground equipment at several parks and whether
manufacturer makes a difference.
Quinlan suggested fencing at the garden at Freeman be added to the CIP. Commissioners discussed
the gardens.
Quinlan suggested everything that we could possibly want should be included on the list. Nielsen
stated another advantage is that when residents ask for something, staff can tell them what year it is on
the CIP.
Sawtell discussed the number of projects that are big ticket items in the 5-year plan. He noted many of
the projects are 25 years old. Commissioners discussed adding the Babe Ruth fence at Freeman Park
in 2013.
Commissioners discussed replacing the hockey boards at Cathcart. Quinlan stated it should be bumped
up a year.
Nielsen stated prior to the September meeting, more accurate estimates of costs will be added to the
list.
Hartmann noted Dietz suggested bike racks be added to the parks. Dietz agreed and stated it is just as
important to have bike parking as it is for vehicles. Commissioners discussed bike rack locations. Dietz
offered to inventory rack locations prior to the September meeting.
6. REVIEW AGENDA FOR UPCOMING PARK SUMMIT MEETING – TUESDAY,
AUGUST 20TH
th
Quinlan reviewed the proposed agenda for the park summit meeting on August 20. He noted it was
suggested an item be added relating to Excelsior and Shorewood meet to discuss joining forces for events.
PARK COMMISSION MINUTES
TUESDAY, AUGUST 13, 2013
6
PAGE 4 OF
Commissioners discussed the rink at Manitou Park in Tonka Bay. Nielsen stated it may be possible that
only one is needed in the area. Commissioners discussed using the lake for a skating rink.
Hartmann suggested the website discussion be added to the agenda. Nielsen suggested discussion of a rec
director that would have an office in the Southshore Center.
Sundberg suggested discussion of other cities using the Southshore Center more for their park activities.
She believed the parks should get involved more directly with the building and the decision making.
Quinlan believed there should be representation on the Southshore Center Advisory Commission.
7. REVIEW ALTERNATIVES FOR EDDY STATION
Quinlan stated it became very clear at the park tour that Eddy Station needs to be painted. He noted
staff has received a couple quotes for the work and asked when it would be done. Nielsen stated it is
hoped it can be done after the fall ball leagues end for the season.
Mangold moved, Dietz seconded to recommend approval of the quote from Boone Painting for repainting
the Eddy Station. Motion carried 5-0-1. Edmondson abstained from voting.
8. UPDATE ON FENCING FOR BABE RUTH BALLFIELD
Quinlan reviewed the request for fencing at the Babe Ruth ball field. He noted staff talked to the Babe
Ruth organization and they agree with the recommendation to replace the fence with what is already
there. Commissioners discussed the fence height. Nielsen stated up-to-date quotes will be provided at
the September meeting. He stated the plan is to replace the fence right after the fall season is
completed.
9. CATHCART PARK SCHEDULING AND PARK ISSUES
Quinlan discussed issues associated with parking at Cathcart where it is either empty or overflowing with
vehicles. He suggested leagues be contacted to stagger their game times so there is more time between
games. Nielsen stated notices were sent to the leagues who have indicated they will be doing so. Parents
will also be notified to not park on the grass. Signs will also be posted on site.
Quinlan asked if parking is an option at the church. Nielsen stated there used to be an arrangement where
the City would plow their parking lot for use of the parking lot.
Mangold suggested the parking lot be striped.
Nielsen believed the fields are being used more than was originally estimated. He stated staff will check
with the church and the parking lot striping.
10. REVIEW COPY OF MAINTENANCE AGREEMENT FOR GIDEON GLEN
PARK COMMISSION MINUTES
TUESDAY, AUGUST 13, 2013
6
PAGE 5 OF
Quinlan stated a copy of the original maintenance agreement with the Watershed is in tonight’s packet.
Nielsen stated the Commission asked for a copy of the agreement recently. He discussed the need to get the
erosion corrected as soon as possible.
Quinlan asked if the City is holding up their end of the agreement. Nielsen stated the Watershed is holding
up their end of the agreement. He noted the trail needs to be treated so it looks like a trail. He explained
what the City is responsible for under the agreement.
Quinlan discussed the need to maintain the trail. Nielsen noted the Mayor had suggested creating a plan for
all the public facilities and how they should be maintained. This would include all the parks. It is a great
tool to let everyone know what is expected.
TH
11. RECAP FROM CITY COUNCIL MEETING OF AUGUST 12 ON CONCEPT PLAN
FOR BADGER PARK
Quinlan stated the City Council discussed the Badger Park Master Plan at the previous evening’s meeting.
Nielsen stated he presented a more refined version of what the Commission had recommended. He stated
the plan takes a very optimistic view of what happens with the Southshore Center. He discussed driveway
configuration, walkway relocation, landscaping along the walkway, whether the shelter would be a
warming house or a picnic shelter, making the pond an amenity rather than a drainage pond, possible
relocation of the shelter/bathroom facility, and possible costs. He stated parking will cost about $94,000.
He believed Public Works might be able to construct the perimeter trail once their workload lightens up
some. He stated staff is still working on the costs, but it will still be a savings over the TKDA plan.
Sawtell asked if moving the lights is included. Nielsen stated he needs to determine whether that amount is
included.
Edmondson noted the parking along the pump garage is not shown. Nielsen stated this is an older map that
does not show that six-car parking area.
Nielsen stated the City Council supported a more cohesive plan and not one that was “piecemeal”. He
believed they even suggested using the funds from the sale of the house next door for the park.
Sundberg stated it is hoped there is a vibrant new vision for the Southshore Center that will help park
usage.
Mangold stated all the leagues are looking at this as a very prestigious field which can only bring more
traffic. Nielsen stated this plan will more than double the number of parking spaces at the Center.
Sundberg stated overall, the plan was very well received. Nielsen stated the main question was the shelter
building location.
Dietz asked what the shelter size is and how many people it would hold. Nielsen stated it hasn’t been
decided at this point. He indicated there is space available to accommodate the transformation to include a
warming house.
Dietz asked about the plans for the green areas. Nielsen discussed plans for sculptures, etc.
PARK COMMISSION MINUTES
TUESDAY, AUGUST 13, 2013
6
PAGE 6 OF
Hartmann asked if the football league is interested in helping the lacrosse league with irrigating the field.
Nielsen stated they are happy the lacrosse league will do that. There are options for other items they could
help fund.
Hartmann stated the shelter should be big enough for team parties.
12. NEW BUSINESS
None
13. STAFF AND LIAISON REPORTS/UPDATES
A. City Council
B. Staff
a. Update on Trails
Nielsen stated the Planning Commission will be doing a trail walk in September. He updated the
Commission on other trail updates. He stated there will be a ribbon cutting for the trail on August
26 prior to the Council meeting.
b. SSCC Operating Structure Update
c. Community Garden Fencing
Nielsen stated the Community Garden fencing has been installed.
14. ADJOURN
Dietz moved, Sawtell seconded, to adjourn the Park Commission Meeting of August 13, 2013 at 9:35 p.m.
Motion carried.
RESPECTFULLY SUBMITTED,
Clare T. Link
Recorder
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, AUGUST 6, 2013 7:00 P.M.
MINUTES
CALL TO ORDER
Chair Geng called the meeting to order at 7:01 P.M.
ROLL CALL
Present: Chair Geng; Commissioners Charbonnet, Davis, Labadie, Maddy and Muehlberg;
Planning Director Nielsen; and Council Liaison Woodruff
Absent: Commissioner Garelick
APPROVAL OF AGENDA
Davis moved, Maddy seconded, approving the agenda for August 6, 2013, as presented. Motion
passed 6/0.
APPROVAL OF MINUTES
July 2, 2013
Maddy moved, Muehlberg seconded, approving the Planning Commission Meeting Minutes of July
2, 2013, as presented. Motion passed 6/0.
1. 7:00 P.M. PUBLIC HEARING – CONDITIONAL USE PERMIT FOR AUTOMOBILE
DETAIL SERVICE
Applicant: Lucky’s Gas Station
Location: 24365 Smithtown Road
Chair Geng opened the Public Hearing at 7:03 P.M., noting the procedures utilized in a Public Hearing.
He noted that the Planning Commission is an advisory body only. He stated this evening the Commission
is going to consider a request for a conditional use permit (C.U.P.) for an automobile detail service for
Lucky’s Gas Station, 24365 Smithtown Road. He noted this item will go before the City Council on
August 26, 2013.
Director Nielsen explained Scott Stevens has purchased the property at 24365 Smithtown Road, formerly
the Oasis Market/Marathon Gas building. He has re-opened the gas station and convenience store as
Lucky’s Station. The property was originally redeveloped in 1988, pursuant to a number of conditional
use permits: gas station and auto repair service; car wash; convenience food operation (a Dairy Queen that
was never built); and, multiple signage.
Mr. Stevens would like to make a number of revisions relative to the use of the property and has applied
for the appropriate conditional use permits to do so. He intends to convert the car wash facility into an
auto detailing operation. He has also asked for approval to have limited outside display and sales of day-
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
August 6, 2013
Page 2 of 10
to-day items, such as propane, window washer fluid, water softener salt, etc. Finally, he requests
permission to have seasonal sales of items such as Christmas trees in the winter and plants/flowers in the
spring and possibly some sort of vegetable stand during the summer/fall. No changes are proposed for the
building itself. The auto detailing operation will simply take the place of the car wash.
The property is zoned C-1, General Commercial and contains 61,645 square feet of area (1.42 acres).
Although the convenience store, car wash and gas station have been vacant for quite some time, the auto
repair business in the lower level of the building has remained in operation.
With regard to the analysis of the case, Nielsen reviewed a breakdown of the various elements (existing
and proposed) of the subject property and the zoning actions required for each.
C.U.P - Gas Station and Auto Service
–No changes are proposed for either of these two uses. In
reviewing the previous conditional use permit, the auto service operation was to have no outdoor storage
and vehicles waiting for parts could not be kept on the site for more than 48 hours. While this has
generally been complied with, the owners of the business frequently display a large enclosed trailer with
their name on it, essentially using it as an advertising device. As part of this application, a condition
should be established stating that the trailer is not to be kept outside overnight and during the day it
should be stored on the back of the property.
The applicant has asked permission to “clean up” landscaping in front of the site. Staff has no objection to
revising the landscaping in front of the subject property. Staff does recommend a landscape plan be
prepared by a registered landscape architect. This plan should be consistent with the recommendations of
the County Road 19 Corridor Study.
C.U.P. – Auto Detailing Business
–Auto detailing is considered to be a less intense use than the car
wash. Cars waiting for service should not be parked outside for more than 48 hours. As with the other
uses on the site, this business would be allowed one wall sign, the size of which must comply with the
current multiple sign C.U.P. (it allows one sign per business).
C.U.P. - Outdoor Display
– The original approval did not provide for outdoor display or sales. The
nonconforming billboard has been removed; he commended Mr. Stevens for doing that. Staff believes
that opens the door for doing other things on the property. There is adequate parking and circulation on
the site to accommodate a limited amount of outdoor sales/display. The site where the Dairy Queen was
going to be built allows for something to be handled on that pad and there will be sufficient parking for
that because it was planned for when the Dairy Queen was anticipated. The request complies with the
City Zoning Code Section 1201.22 Subd. 4.g in the following ways.
1. The area of outdoor sales/display is limited to an area no larger than the area of the principal use.
Staff suggests that day-to-day items be limited to the front sidewalk area of the convenience store,
or some portion of it. Seasonal sales would be limited to the concrete pad area on the site. It
would not take up any parking. Except for ice machines and propane tank exchange racks, items
displayed here should be stacked no higher than the bottom of the windows. In no case should
these items be stacked in front of the property or on pump islands. Signage for these items should
not be readable from the street; it should be readable for people on the site.
It’s anticipated that there will be some type of shelter that goes along with things such as a plant
stand or Christmas tree lot. There will likely be a sign for the activities as they are taking place.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
August 6, 2013
Page 3 of 10
But, signage must comply with the municipal signage C.U.P. Signage must fall within the
allowable sign area (10 percent of the building silhouette as viewed from the street).
2. Outside sales areas are fenced or screened from view of residential properties.
The landscaping originally installed on the rear of the site has grown to be an effective screen as
viewed from the south. As stated earlier, the applicant should submit a landscape plan for the
front of the building, including the right-of-way area.
3. Lighting is to be hooded and directed so that the source of the light is not visible from the public
right-of-way (ROW) or neighboring residences.
At this time there is no proposal to change the lighting. It is reasonable to expect that a Christmas
tree lot may want some additional lighting during winter months. Staff recommends that lighting
should be kept low and should be turned off by 10:00 P.M. at night.
4. Sales area is grassed or surfaced to control dust.
The area in front of the store is concrete. The recommended sales area is a concrete pad.
5. The use does not take up parking as required by the City Code.
It is important that the C.U.P. stipulate that the sales activities must not be located on the
bituminous portion of the site. Using the concrete pad area makes enforcement of the C.U.P.
more effective.
Nielsen noted that staff recommends approval of the request for an auto detailing operation. He also noted
Mr. Stevens is present this evening.
Seeing no one present to comment on the case Chair Geng opened and closed the Public Testimony
portion of the Public Hearing at 7:18 P.M.
Commissioner Davis stated she thought this is a welcome change.
Commissioner Muehlberg asked if the normal hours of operation are specified in the City Code. Director
Nielsen stated they are not and noted the Code allows for 24-hour businesses. But, that is a separate
C.U.P.
Chair Geng also commended Mr. Stevens for removing the nonconforming billboard.
Commissioner Maddy asked if the applicant can clean up the landscaping in the front before having a
landscape plan prepared. Director Nielsen responded absolutely if things are dead or dying. Nielsen noted
the landscaping is in the City ROW.
Mr. Stevens stated it’s his understanding that is the City’s area and the City is responsible for it. He then
stated he just wants to remove the four green shrubs that are totally out of control and clean the area up.
He noted the trees create too good of a barrier from the street and that is a safety issue.
Commissioner Davis agrees with Mr. Stevens that all the area needs is a little bit of housekeeping. She
stated she thought the shrubs were a poor selection for the site and they are out of control.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
August 6, 2013
Page 4 of 10
Davis moved, Maddy seconded, recommending approval of a conditional use permit for an
automobile detailing service for Lucky’s Station, 24365 Smithtown Road, with the understanding
that the landscaping in the front just needs to be cleaned up. Motion passed 6/0.
Chair Geng closed the Public Hearing at 7:24 P.M.
2. 7:10 P.M. PUBLIC HEARING – CONDITIONAL USE PERMIT FOR ACCESSORY
SPACE OVER 1200 SQUARE FEET
Applicant: Ben Duininck
Location: 22490 Murray Street
Chair Geng opened the Public Hearing at 7:24 P.M. He noted the same procedures as described above
will be followed. He stated Ben Duininck, 22490 Murray Street, is requesting a conditional use permit
(C.U.P.) for accessory space in excess of 1200 square feet.
Director Nielsen explained Mr. Ben Duininck owns the property at 22490 Murray Street. He proposes to
replace his existing attached garage with a larger attached garage, the area of which, when combined with
an existing detached accessory building on the property, exceeds 1200 square feet. Therefore, he has
applied for a C.U.P. pursuant to Shorewood’s zoning regulations. The property is zoned R-1C/S, Single
Family Residential/Shoreland and contains 76,012 square feet of area (1.74 acres). He highlighted the
location of the structures on a site location map.
The existing house contains 2114 square feet of floor area in the two levels above grade. Mr. Duininck
proposes to add living space over the new garage, which will bring the floor area of the home to 3535
square feet. The existing garage contains 561 square feet of floor area. The proposed garage will contain
984 square feet. The existing study building contains 487 square feet. They bring the total area of
accessory space on the site to 1471 square feet. He noted the meeting packet contains plans for the
building addition.
Regarding the analysis of the case, Nielsen reviewed how the applicants’ proposal complies with the
criteria in Section 1201.03 Subd.2.d of the City Code.
1. The total area of accessory space (1471 square feet) does not exceed the total floor area above
grade of the principal structure (3535 square feet).
2. The total area of accessory space does not exceed ten percent of the minimum lot area for the R-
1C/S zoning district (.10 x. 20,000 square feet = 2000 square feet).
3. The proposed garage complies with the setback requirements of the R-1C/S zoning district.
Hardcover on the property will go from approximately 10.8 to 11.4 percent, well in compliance
with the 25 percent maximum.
The existing studio building is nonconforming with respect to building height. The Zoning Code
limits the height of detached accessory buildings to 15 feet. The current east side of the building
is closer to 17 feet tall. The applicant’s builder proposes to remedy that by removing an existing
garage door on the east side and filling in the low area to achieve the required 15 feet. If the
applicant can prove that it was built before a certain date (Nielsen thinks 1956) then the
nonconformity would be grandfathered in. The applicant has obtained copies of photographs from
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
August 6, 2013
Page 5 of 10
the Wilson Library. The email photos were too grainy to make things out so he will meet with the
builder to look at the photos to verify the building was in existence prior to the stipulated date.
4. The new garage addition will be integrated into the architecture of the existing home. As such the
roof lines, materials and architectural character of the garage are consistent with the principle
dwelling.
Nielsen stated based on the analysis of the case staff recommends the C.U.P. be granted as proposed.
Nielsen noted Mr. Duininck and his builder are present this evening.
Mr. Duininck noted he does have photos from the Wilson Library. The photos confirm that the studio
building was in existence before August 2, 1956. One photo showing the building is dated May 7, 1956.
He routed the photos around for the Planning Commissioners to look at.
Seeing no one present wanting to comment on this case Chair Geng opened and closed the Public
Testimony of the Public Hearing at 7:31 P.M.
Council Liaison Woodruff asked how someone accesses the street from the lot. Director Nielsen
explained the easement goes across the lot in front of the subject property.
Commissioner Maddy asked how ground level is determined on a sloped property. Director Nielsen
explained it is from grade to the mid-point between the eve and the peak. Maddy asked if the highest
grade touching the structure is used. Nielsen explained that technically you go five feet out from the
structure.
Davis moved, Charbonnet seconded, recommending approval of a conditional use permit for
accessory space in excess of 1200 square feet for the property located at 22490 Murray Street.
Motion passed 6/0.
Chair Geng noted that Council will consider the Planning Commission’s recommendation about this
during its August 26, 2013, meeting.
Chair Geng closed the Public Hearing at 7:35 P.M.
3. MINOR SUBDIVISION
Applicant: Tommy Wartman, Jr.
Location: 5985 Eureka Road
Director Nielsen explained Tommy and Robyn Wartman own the property at 5985 Eureka Road. They are
proposing to subdivide the property into two single-family residential lots. The property is located in the
R-1A, Single-Family Residential zoning district and contains 102,842 square feet of area (2.36 acres).
The subject property is currently occupied by a single-family dwelling. A small wetland area is located at
the rear of the two lots with a man-made ditch conducting drainage through the property to a culvert
located in Eureka Road. Eureka Road is substandard in terms of right-of-way (ROW) width. The City
requires streets to be 50 feet in width. As part of the minor subdivision the applicants have agreed to
dedicate 8.5 feet of additional ROW to the City. With the exception of fairly significant landscaping
around the existing home, the lot is relatively open. There are a lot of scattered trees throughout the
property.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
August 6, 2013
Page 6 of 10
The northerly lot with the house on it will be 48,654 square feet in area. The southerly lot will be 54,188
square feet.
With regard to the analysis of the case, Nielsen explained the subject property was once platted as Lots 2
and 3 of Prairie View Estates. The applicant proposes to re-subdivide them as originally platted. Both lots
exceed the minimum requirements for width (120 feet), area (40,000 square feet), and depth (150 feet) for
the R-1A zoning district. The applicants have shown 10-foot-wide drainage and utility easements around
both of the parcels; that is required by the City Ordinance. Sanitary sewer service is available for the
newly created lot. City water is also available in Eureka Road.
Based on the analysis of the case, Nielsen stated staff recommends approval of the minor subdivision
subject to the following.
1. The applicants’ survey must show the 35-foot buffer area around the wetland. It should also show
the 16-foot buffer along the drainage ditch which is required by the Minnehaha Creek Watershed
District. The survey should show where wetland buffer stakes will be located. These buffer stakes
must be obtained from the City’s survey marker vendor.
2. The applicants’ surveyor must provide legal descriptions for the wetland and the buffer areas.
From these descriptions, the applicants must dedicate conservation easements to the City.
3. The applicants’ attorney must prepare deeds for the wetland/buffer conservation easements, the
drainage and utility easements, and the additional road ROW.
4. The applicants’ attorney must provide a title opinion for review by the City Attorney.
5. Items 1 – 4 must be submitted no later than August 30, 2013, after which the request will be
scheduled for City Council review.
6. Prior to release of a resolution approving the subdivision, the applicants must pay a park
dedication fee of $5000 and a local sanitary sewer access charge of $1200 for the new lot. Credit
is given for the lot with the house on it. If the applicants choose to connect to City water, the fees
are $10,000 per lot, minus any previous assessments.
7. After the applicants receive the Council resolution approving the request, they must record it with
Hennepin County within 30 days or the approval is void.
Davis moved, Maddy seconded, recommending approval of a minor subdivision for Tommy and
Robyn Wartman, 5985 Eureka Road, subject to the conditions listed in the staff report. Motion
passed 6/0.
4. SITE PLAN REVIEW
Applicant: Robert Shaffer (Smith Residence)
Location: 448 Lafayette Avenue
Director Nielsen explained that Robert Shaffer has submitted plans on behalf of Dale and Sylvia Smith
for expanding their nonconforming home on their property located at 448 Lafayette Avenue. In 2012 Mr.
Shaffer submitted plans which were approved for the expansion of a nonconforming house across the
street without requiring variances. The Smith property is zoned R-1A/S, Single-Family
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
August 6, 2013
Page 7 of 10
Residential/Shoreland and contains only 7576 square feet of area, not including the bituminous driveway
that cuts through the site. The Smith structure is nonconforming with respect to side yard setbacks.
Lafayette Avenue is essentially a private driveway that serves four lots on a small peninsula of land
extending into Lake Minnetonka. It cuts through the Smith property.
The applicant proposes to add on to the south side of the building then add a second story to the home all
within the required building setbacks. Currently the property is at 38 percent hardcover; well over the 25
percent hardcover limitation required in the Shoreland overlay district. The applicant intends to remove
an existing gravel driveway and some of the existing brick sidewalk which will result in a reduction in
hardcover to 34.2 percent.
With regard to the analysis of the case, Nielsen explained Shorewood amended its regulations two years
ago to comply with State legislation regarding nonconformities. Sections 1201.03 Subd. 1.d. and Subd.
1.i. of the Shorewood Zoning Code provide the guidelines for addressing nonconformities. He stated the
staff report included in the meeting packet explains how the applicant’s request complies with the Code.
Based on the analysis of this case, staff recommends approval of site plan. He commended the architect
and the property owners for their efforts to comply with Shorewood’s zoning requirements.
Mr. Shaffer noted that the expansion on the Smith property is actually a little more challenging than the
one on the 450 Lafayette Avenue property because the foundation across the existing house needs to be
shored up in a different way. There will be some fairly large roof trusses used. He noted there was a
concerted effort made to keep the massing balanced between the two adjacent houses in order to fit into
the neighborhood as much as possible. He routed color copies of the architect’s renderings to the Planning
Commissioners. He stated a front entry will be added.
Commissioner Maddy stated the renderings show plantings on the roof. He asked if it is going to be a
green roof. Mr. Shaffer stated the owners have not made that decision, but it is what he is proposing.
Commissioner Maddy asked Director Nielsen if the City gives credit toward impervious surface for green
roofs. Nielsen responded no and explained the Minnesota Department of Natural Resources (DNR) does
not either. Nielsen noted the same applies to permeable pavers. It is part of the DNR’s shoreland
regulations. The City does encourage the use of permeable pavers. Maddy asked if that is for the
shoreland district only or is it city wide. Nielsen stated it is city wide and explained the maximum
impervious surface in the shoreland district is 25 percent and in other residential districts it is 33 percent.
Council Liaison Woodruff stated the site plan shows two docks (one on the north and one on the south)
yet the City Ordinance stipulates one dock. Therefore, that is a nonconforming use. The dock on the south
appears to be larger than the size restrictions of the Lake Minnetonka Conservation District (LMCD)
which the City shares. Director Nielsen stated the dock on the south would be grandfathered in; it never
comes out. But, the number of docks is an issue. One has to be taken out to comply with the Ordinance. It
makes no difference if the property has two shorelines.
Chair Geng stated the vegetation shown on the architectural rendering is on the corner of the building that
extends out over the 10-foot side yard setback; the vegetation is just an idea at this time. He asked if that
vegetation or a deck outside that window would be permitted. Director Nielsen explained a deck could
not be added because it would have to add a rail and that would make it taller; they could put plants up
there.
Mr. Shaffer explained they are proposing to take the sloped roof off and put a flat roof on which brings
the volume down. That allows the planted area.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
August 6, 2013
Page 8 of 10
Commissioner Labadie asked if the second dock can be grandfathered in. Director Nielsen stated the same
issue came up with a property over on Island View Road. That property had to be brought into
conformity. Council Liaison Woodruff stated he thought that if the existence of the second dock precedes
the ordinance it would be grandfathered in like any other nonconforming use.
Director Nielsen stated if the applicants can demonstrate that two docks were in existence before August
1956, when the nonconforming section of the Ordinance was established, they do not have to correct the
nonconformity.
Commissioner Davis noted that the properties on the peninsula have more than one dock. She stated it
appears that the boats are docked at the dock in the lagoon.
The builder commented that both docks are permanent docks.
A member of the audience asked if a dock with multiple slips is acceptable. Director Nielsen stated a
person can have up to four subject to certain provisions in the Code. Council Liaison Woodruff stated a
permit from the LMCD could potentially allow more because the City has adopted the LMCD’s
regulations.
Geng moved, Labadie seconded, recommending approval of the site plan for the expansion of the
nonconforming structure on the Dale and Silvia Smith property located at 448 Lafayette Avenue as
presented subject to the removal of one of the two docks or the ability to prove that two docks were
in existence prior to August 1956. Motion passed 6/0.
5. Noise Ordinance
Director Nielsen stated he does not have a lot on the noise ordinance for this evening. He noted he has
cleanup to do on the draft ordinance. He stated the Planning Commission had requested he research what
other communities around Lake Minnetonka have for hours of operation for snowmobiles and all-terrain
vehicles (ATVs). He distributed a copy of a matrix of what the other cities do. He commented that he
received an email from Commissioner Maddy asking why the City doesn’t ban the use of ATVs and
suggesting incorporating some language found in the City of Wayzata’s ordinance. He explained from the
early onset of the discussion about a noise ordinance, which began a year ago, the Commission made it
very clear that it was not out to ban the use of snowmobiles or ATVs. The intent was to regulate the hours
of use for the average individual. The noise ordinance will not help control those people who intentionally
want to irritate people (e.g., the situation near Hillendale Road).
Commissioner Davis stated the police are never going to catch people because they don’t come when you
call them. Director Nielsen clarified that for the situation near Hillendale Road the police have come to
try and address the situation.
Director Nielsen stated the current Ordinance prohibits snowmobiles from 7:00 A.M. and 11:00 P.M. on
Fridays and Saturdays and from 7:00 A.M. and 10:00 P.M. Thursday – Sunday. That fits in with most of
the city ordinances around the Lake. The City of Mound’s hours of operation are more relaxed
[snowmobiling is prohibited from 2:00 – 6:00 A.M.]. Commissioner Davis noted that the City of Spring
Park’s hours are more relaxed on weekends and holidays [snowmobiling is prohibited from 1:30 – 7:00
A.M. on those days].
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
August 6, 2013
Page 9 of 10
Chair Geng stated it may be easier to enforce the City’s hours of operation if they mirror the surrounding
communities. They almost do for the Cities of Deephaven, Excelsior and Tonka Bay which border the
City. Director Nielsen agreed enforcement would be easier if the hours of operation were similar in the
South Lake cities. Council Liaison Woodruff stated he supports the hours being consistent with other
South Lake cities.
Director Nielsen noted the age restrictions for driving snowmobiles and ATVs apply to public property
only. He stated the City of Chanhassen has language about loud, unusual noise in its ordinance. Staff is
going to find out who enforces that. Chair Geng noted that the City of Victoria has language about loud
noise as well.
Commissioner Labadie asked what the next step in this process is. Director Nielsen stated he will have a
cleaned up ordinance for the next Planning Commission regular meeting.
Commissioner Davis stated she thinks creating something that is in line with the other South Lake cities
with specifics about noise provisions prohibited activities is the right approach.
Director Nielsen stated if the hours of operation for snowmobiling were changed in the City Ordinance to
7:00 A.M. to 11:00 P.M. any day they would be consistent with Deephaven, Excelsior and Tonka Bay. He
recommended the hours would be the same for ATVs.
Commissioner Maddy noted he continues to have reservations.
Commissioner Maddy asked if the proposed hours of restriction would exclude people driving their
snowmobiles out to ice fish. Director Nielsen asked if the Planning Commissioners want an exception for
that. Commissioner Muehlberg stated he lives two blocks from Crescent Beach and there are vehicles
there frequently around 5:30 – 6:00 A.M. Fisherpeople want to be on the ice before it gets light out.
Council Liaison Woodruff suggested adopting language similar to what the Lake Minnetonka
Conservation District (LMCD) has in its regulations that allows a person to proceed from a public launch
or private property directly to the Lake and operate the vehicle on the Lake more than 150 feet from shore
without hour restrictions. He stated he thought that if the City adopts something more restrictive it will be
ignored.
Commissioner Muehlberg stated that would be very applicable to snowmobiles.
Director Nielsen stated he is open to including the LMCD language. He will write that in as an
alternative.
Commissioner Maddy asked if it would be appropriate to include language that prohibits extended use of
ATVs on private property. Director Nielsen stated he does not think that a person who is using a four
wheeler for something such as hauling fire wood on their lot should be restricted from doing that.
Commissioner Maddy stated that is why he liked the previous draft which was more relaxed on the use of
lawn and maintenance equipment.
There was discussion about the situation near Hillendale Road.
Chair Geng stated he supports conformity with the South Lake cities and including language similar to
the LMCD’s as discussed earlier.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
August 6, 2013
Page 10 of 10
6. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
7. OLD BUSINESS / NEW BUSINESS
Director Nielsen stated the City Council authorized feasibility studies be done for the Mill Street trail
segment and the Galpin Lake Road trail segment. As part of that process the Planning Commission needs
to walk the two areas. He noted the next regular Commission meeting is scheduled for September 17; the
policy for the last few years has been not to have a meeting on the day after a Monday holiday. He asked
if the Commission would be willing to have a special meeting on September 10 that would start at 5:30
P.M. to walk the areas. The goal is to get the feasibility studies and the Commission’s recommendation to
Council for its September 23 meeting.
There was discussion about how rapidly the Smithtown Road sidewalk project has progressed.
Commissioner Maddy asked if it was just happenstance that storm sewer improvements were made at the
same time. Director Nielsen stated they had to be made part of the project because ditches were being
filled in.
8. DRAFT NEXT MEETING AGENDA
The Planning Commission will have a special meeting on September 10, 2013, at 5:30 P.M. to walk the
Mill Street trail segment and the Galpin Lake Road trail segment areas.
Director Nielsen stated that there are no applications slated for the September 17, 2013, Planning
Commission meeting. The Commission will be asked to make a recommendation on the revised noise
ordinance. There will be discussion about life-cycle housing.
9. REPORTS
• Liaison to Council
Council Liaison Woodruff reported on the July 22, 2013, Council meeting (as detailed in the minutes of
that meeting).
• SLUC
None.
• Other
None.
10. ADJOURNMENT
Davis moved, Maddy seconded, Adjourning the Planning Commission Meeting of August 6, 2013,
at 8:36 P.M. Motion passed 6/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
#8A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Duininck – CUP for Accessory Space
Meeting Date: 26 August 2013
Prepared by: Brad Nielsen
Reviewed by: Jean Panchyshyn
Attachments: Planning Director’s memorandum
Draft Resolution
Policy Consideration: Should the City grant a conditional use permit for the property at 22490 Murray
Street to allow accessory space in excess of 1200 square feet?
Background: See attached memorandum. The Planning Commission held a public hearing at its 6
August meeting to consider this application. At the hearing, the possibility of demonstrating that the
nonconforming accessory structure (the studio building) has historic or cultural significance in order to
maintain the current height of the building. Although, aerial photographs from the Wilson Map Library
at the University of Minnesota, provide evidence of age, there is no readily available information
regarding the historic or cultural significance of the structure. As such, the applicant has agreed to
grade around the east side of the building in question, bringing it into conformity with the current City
Code.
Financial or Budget Considerations: The application fee paid by the applicant covers the cost of
processing the application.
Options: Approve the CUP; modify the CUP; or deny the CUP.
Recommendation / Action Requested: Adoption of the attached resolution is recommended.
Next Steps and Timelines: Upon approval of the resolution, a building permit for the proposed
garage/addition may be issued.
Connection to Vision / Mission: Sustainable tax base.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
1 CITE' OF
SHORE1W,00D
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (952) 960 -7900
FAX (952) 474 -0128 • www.d.shorewood.mmus • cityhaI1 @c1.shorewood.mn.us
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 1 August 2013
RE: Duininck, Ben - C.U.P. for Accessory Space in Excess of 1200 Square
Feet
FILE NO.: 405 (13.06)
BACKGROUND
Mr. Ben Duininck owns the property at 22490 Murray Street (see Site Location map — Exhibit A,
attached). He proposes to replace his existing attached garage with a larger attached garage, the
area of which; when combined with an existing detached accessory building on the property;
exceeds 1200 square feet. Pursuant to Shorewood's zoning regulations he has applied for a
conditional use permit. The property is zoned R -1C /S; Single Family Residential /Shoreland and
contains 76,012 square feet of area (1.74 acres). Exhibit B shows the location of the existing
house and garage, the existing accessory building, and the proposed garage.
The existing house contains approximately 2114 square feet of floor area in the two levels above
grade. As part. of this project, Mr. Duininck proposes to add living space over the new garage,
which will bring the floor area of the home to 3535 square feet. The existing garage contains 561
square feet of floor area. The proposed garage contains 984 square feet. The accessory building,
currently used as a studio, contains 487 square feet, which brings the total area of accessory space
on the site to 1471 square feet. Plans for the building addition are shown in Exhibits C -F,
attached.
I
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®�® PRINTED ON RECYCLED PAPER
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Memorandum
Re: Duininck CUP
1 August 2013
ANALYSIS/RECOMMENDATION
Section 1201.03 Subd.2.d.(4) of the Shorewood Zoning Code contains four specific criteria for
granting this type of conditional use permit. Following is how the applicants' proposal complies
with the Code:
a. The total area of accessory space (1471 square feet) does not exceed the total floor area
above grade of the principal structure (3535 square feet).
b. The total area of accessory space does not exceed ten percent of the minimum lot area for
the R -1C /S zoning district (.10 x. 20,000 square feet = 2000 square feet).
C. The proposed garage complies with the setback requirements of the R -1C /S zoning
district. Hardcover on the property will go from approximately 10.8 to 11.4 percent, well
in compliance with the 25 percent maximum.
It should be noted that the existing studio building is nonconforming with respect to
building height (see Exhibit G). The Zoning Code limits the height of detached accessory
buildings to 15 feet, whereas the current east side of the building is approximately 17 feet
tall. The applicant's builder proposes to remedy that by removing an existing garage door
on the east side and filling in the low area to achieve the required 15 feet.
d. As shown on Exhibits C -F, the new garage addition will be integrated into the
architecture of the existing home. As such the roof lines, materials and architectural
character of the garage are consistent with the principle dwelling.
In light of the preceding, the applicant's request is considered to be consistent with the
requirements of the Shorewood Zoning Code. It is therefore recommended that the conditional
use permit be granted subject to correction of the existing accessory building height.
Cc: Bill Joynes
Tim Keane
Joe Pazandak
Ben Duininck
Jeff McCall
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CITY OF SHOREWOOD
RESOLUTION NO. 13-____
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR ADDITIONAL ACCESSORY SPACE
TO BENJAMIN DUININCK
WHEREAS
, Benjamin Duininck (Applicant) is the owner of real property located at
22490 Murray Street, in the City of Shorewood, County of Hennepin, legally described as:
“That part of the East 110.0 feet of the West 124.3 feet of Lot 84, Auditor’s Subdivision
No. 135, lying north of the South 318.5 feet thereof, also that part of said Lot 84 lying east of the
West 124.3 feet thereof, and north of the South 358.5 feet thereof, Hennepin County,
Minnesota”; and
WHEREAS
, the Applicant has applied to the City for a Conditional Use Permit for the
construction of an attached garage, the area of which, when added to the area of existing
accessory space on the property, will bring the total area of accessory space on the property up to
1471 square feet; and
WHEREAS
, the Shorewood City Code requires a Conditional use Permit for the
construction of accessory space exceeding 1200 square feet; and
WHEREAS
, the Applicant’s request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 1
August 2013, which memorandum is on file at City Hall; and
WHEREAS
, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at its regular meeting on 8 August 2013, the minutes of
which meeting are on file at City Hall; and
WHEREAS
, the Applicant’s request was considered by the City Council at its regular
meeting on 26 August 2013, at which time the Planner's memorandum and the minutes of the
Planning Commission were reviewed and comments were heard by the Council from the City
staff.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The subject property is located in a R-1C/S, Single- Family Residential/Shoreland
zoning district and contains approximately 76,012 square feet of area.
2. The total proposed accessory space (1471 square feet) does not exceed the floor
area above grade of the principal structure (3535 square feet, including the addition).
3. The total area of accessory space does not exceed 10% of the minimum lot area
for the R-1C/S zoning district in which it is located (2000 square feet).
4. That the design and materials of the proposed attached garage are consistent with
the architectural character of the proposed home.
5. The subject garage complies with all setback requirements for the R-1C/S. zoning-
district.
6. The small studio building located in the southeast corner of the property does not
comply with current height requirements for the R-1C/S zoning district.
7. The Applicant proposes to grade around the east end of the nonconforming
accessory structure in order to bring it into conformity of the City Code.
CONCLUSION
A. The application of Benjamin Duininck for a Conditional Use Permit as set forth
herein above be and hereby is granted.
B. This approval is subject to the following:
1. The attached garage and existing studio building will be used strictly for
purposes of a residential nature.
2. The Applicant is hereby advised that the City Code provides specific
regulations relative to home occupations and any future use of the garage
or studio building for other than allowable residential purposes would
have to comply with such regulations.
C. That the City Clerk is hereby authorized and directed to provide the Applicant
with a certified copy of this Resolution for filing with the Hennepin County Recorder or
Registrar of Titles.
th
ADOPTED BY THE CITY COUNCIL OF THE CITY SHOREWOOD
this 26 day of
August 2013.
ATTEST: Scott Zerby, Mayor
Jean Panchyshyn, City Clerk
-2-
#8B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Lucky’s Station – Conditional Use Permit – Auto Detailing Center
Meeting Date: 26 August 2013
Prepared by: Brad Nielsen
Reviewed by: Patti Helgesen
Attachments: Planning Director’s Memorandum
Resident Comment
Draft Resolution
Policy Consideration: Should the City grant a conditional use permit allowing the existing carwash at
24365 Smithtown Road to be converted into an auto detailing center?
Background: See attached Planning Director’s memorandum. The Planning Commission held a public
hearing on 6 August to consider this application. The Commission voted unanimously to approve the
CUP, subject to the recommendations in the staff report. A resolution to that effect is attached for the
Council’s consideration. The resolution updates the previous CUP for this property from 1988.
Financial or Budget Considerations: Application fees cover the City’s expense in processing the
application.
Options: Approve the CUP; modify the CUP; or deny the CUP.
Recommendation / Action Requested: Adoption of the attached resolution is recommended.
Next Steps and Timelines: Upon receipt of the Council resolution approving the CUP, the applicant
must record it with the County within 30 days.
Connection to Vision / Mission: Sustainable tax base.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
r ,,
;I
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MEMORANDUM
1
i
TO: Planning Commission, Mayor and City Council I
FROM: Brad Nielsen
DATE: 2 August 2013
I
RE: Lucky's Station - Conditional Use Permit
FILE NO. 405(13.05)
- I
BACKGROUND
I
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Mr. Scott Stevens has purchased the property at 24365 Smithtown Road (see Site Location
map - Exhibit A, attached), formerly the Oasis Market/Marathon Gas building. He has re-
opened the gas station and convenience store as Lucky's Station. The property was originally
redeveloped in 1988, pursuant to a number,of conditional use permits:
• Gas station and auto repair service
• Car wash
• Convenience food (the Dairy Queen was never built)
• Multiple signage
Mr. Stevens would like to make a number of revisions relative to the use of the property and
has applied for conditional use permits to do so. First, he intends to convert the car wash
facility into an auto detailing operation. He has also asked for approval to have limited
outside display and sales for day -to -day items, such as propane, window washer fluid, water
softener salt, etc. Finally, he requests permission to have seasonal sales of items such as j
Christmas trees in the winter and plants /flowers in the spring and possibly some sort of
vegetable stand during the summer /fall.
The property is zoned C -1, General Commercial and contains 61,645 square feet of area (1.42
acres). Although the convenience store, car wash and gas station have been vacant for quite
some time, the auto repair business in the lower, level of the building has remained in
operation. A concrete pad was created for the Dairy Queen years ago,'but nothing more was I
®s
-f ®0® PRINTED ON RECYCLED PAPER -
Memorandum
Re: Lucky's Station C.U.P.
2 August 2013
done with the easterly portion of the site. On a ym positive note, the current buyer and the
seller removed a billboard sign from the east side of the property, eliminating a
nonconforming use.
The applicant's request is explained in Exhibit B. No changes are proposed for the building
itself. The auto detailing operation will simply take the place of the car wash.
ISSUES AND ANALYSIS
Following is a breakdown of the various elements (existing and proposed) of the subject
property and the zoning actions required for each:
A. C.U.P - Gas Station and Auto Service. The provisions relative to these uses can be found
in Section 1201.22 Subd. 4.c. of the Zoning Code. Aside from cleaning up. the property,
no changes are proposed for either of these two uses. The issue of outdoor display will be
addressed as a'separate item. In reviewing the previous conditional use permit, the auto
service operation was to have no outdoor storage and vehicles waiting for parts could not
be kept on the site for more than 48 hours. While this has generally been complied with,
the owners of the business frequently display a large enclosed trailer with their name on
it, essentially using it as an advertising device., As part of this application, a condition
should be established stating that the trailer is not to be kept outside overnight and during
the day it should be stored on the back of the property.
The applicant has asked permission to "clean up" landscaping in front of the site. While
staff has no objection to revising the landscaping in front of the subject property, a
landscape plan, prepared by a registered landscape architect, should be prepared. This
plan should be consistent with the recommendations of the County Road 19 Corridor
Study.
B. C.U.P. — Auto Detailing Business. Although this activity is what triggered the current
application, it is actually considered quite simple. Auto detailing is considered to be a
less intense use than the car wash. The one concern that should be addressed in the
C.U.P. is similar to the auto repair operation. That is, cars waiting for service should not
be parked outside for more than 48 hours. As with,the other uses on the site, this
business would be allowed one wall sign, the size of which must comply with the current
multiple sign C.U.P.
C. C.U.P. - Outdoor Display. This activity is provided for in Section 1201.22 Subd. 4.g. of
the Zoning Code and covers both the day -to -day display of items for sale as well as the
seasonal sales mentioned on page 1. The original approval did not provide for outdoor
display or sales, noting the level of activity already proposed. This has changed
somewhat since then, in that the nonconforming billboard has now been removed and the
Dairy Queen was never built. There is adequate parking and circulation on the site to
accommodate a limited amount of outdoor sales /display. Following is how the proposal
can comply with the Zoning Code:
-2-
Memorandum
Re: Lucky's Station C.U.P.
2 August 2013
1. The area of outdoor sales /display is limited to an area no larger than the area of the
principal use.
It is suggested that day -to -day items be limited to the front sideivalk area, or some
portion of it. Except for ice machines and propane tank exchange racks, items
displayed here should be stacked no higher than the bottom of the windows. In no
case should these items be stacked in front of the property or on pump islands.
Signage for° these items should be small so as to be read from the site, but not from
the street.
With respect to seasonal sales, the space occupied should be limited to the concrete
pad area on the site. A major concern with this use is the location and appearance of
any temporary structures associated with the activity. First, any such structures must
be located ivithin the concrete pad area and not in the parking areas. The Planning
Commission should determine ifsome sort of review ofproposed structures is
necessary, including limitation on the duration of the activity.
Signage is another issue that should be addressed in the CUP. The freestanding
sign does have a message board element that can be used to announce various items
for sale. Also, commercial properties are allowed to have two temporary signs per
year, for 10 days at a time. If the overall plan for multiple signage on this site is
followed, each use gets one sign, with the total area of all signs not exceeding the
building silhouette as viewed from the street. The applicant should submit a plan
shoeing both existing and proposed signage relative to the building size.
2. Outside sales areas are fenced or screened from view of residential properties.
The landscaping originally installed on this site has grown to be an effective screen
as viewed from the south. As mentioned in A, above, the applicant should submit a
landscape plan for the front of the building, including the right -of- -way area.
3. Lighting is to be hooded and directed so that the source of the light is not visible from
the public r.o.w. or neighboring residences.
No specific change in lighting has been requested, although it is reasonable to expect
that a Christmas tree lot may want some additional lighting during winter months. It
is recommended that this lighting should be kept low and should be turned off by
10: 00 P.M, at night.
4. Sales area is grassed or surfaced to control dust.
The recommended sales area is concrete.
5. The use does not take up parking as required by Code.
-3-
Memorandum
-Re: Lucky's Station C.U.P.
2 August 2013
It is important that the C. U.P, stipulate that the sales activities not be located on the
bituminous portion of the site. Using the concrete pad area makes enforcement of the
C. U.P. more effective.
RECOMMENDATION
First, the applicant is to be commended for his efforts and investment in cleaning up and
revitalizing the subject property. As mentioned in the preceding, the initial request for an auto
detailing operation is quite simple and should be approved. With respect to the applicant's
concern about changing the detailing center back to a car wash in the future, the C.U.P. can be
written so as to allow the change, subject to the conditions in the original C.U.P.
The outdoor sales /display activities deserve additional consideration. If approved, the C.U.P.
could be written approving the activities, but reserving final approval for more detailed plans
addressing the issues cited herein.
I
Cc: Bill Joynes
Larry Brown t
Paul Homby
Tim Keane
Scott Stevens
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Lucky's Station
11340 Albovor Path m Inver Grove Heights, MN 55077
Mr. Brad Nielsen 2 July 2013
Planning Director
City of Shorewood
5755 Country Club Rd.
Shorewood MN 55331
Subiect: Conditional Use Permit Application
Dear Brad
Thank you for your time and guidance yesterday in providing instruction to submit the attached application.
Per our discussions, Lucky's Station would like to change the car wash use of the property located at 24365
Smithtown Rd. to be modified as a car detail center. The plan is to remove the existing car wash and provide a bay
operation to clean and detail cars. Reference documents to detail the site complimented with more detailed
photos to illustrate the location are attached.
Exhibit 1— General site survey
• Exhibit 2 — Aerial view of property
• Exhibit 3 — Site detail identifying proposed operation
In addition to the proposed site change, I would like to obtain approval for additional signs for the concept and
define more clearly what is acceptable in terms of outside merchandising. Specifically, we would like to place
outside store merchandising consistent with other convenience stores along with an image upgrade similar with
competition. I have included a before (Exhibit 4) and after photo (Exhibit 5) of our location in Minnetonka as a
reference point. During the outside imaging process, I would like to respectfully request the opportunity to modify
the city landscaping area to provide cleaner site lines and look more professional. Lastly, I would like to gain
approval to allow seasonal concepts that will provide a clean visual presentation to the motoring public while
enhancing the existing retail offering.
In addition to the proposed changes, I would like some guidance in terms of what would be allowed if we wanted
to bring the car wash back at a later day.
Attached, please find the application, check and relevant documents to support my request. In the event you have
any questions, I can be reached at 651.207.5047. Again, I thank you for your time and professionalism.
I hope you have a great 4 th, .
Respectfully, L__
Scott L. e
President
Exhibit B
APPLICANT'S REQUEST LETTER
p 651 - 207 -5047 i 651- 451 -7377
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REVISED
July 25, 2013ji.
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City of Shorewood �` op ��
c/o planning Dept �t
5755 Country Club Road
Shorewood, MN 55331
Re: Lucky's Station — Automobile cleaning business request
For many of us in the nearby neighborhood, we have been very unhappy with this gas station /carwash
being in business and closed several times over the years including the last year or so that it has been
vacant. This is in addition to the vacant station across the street that has been closed for several years
and is an eyesore.
We do not need another car business on Smithtown road along with used car sales, a self service car
wash and a car repair business. There is already a car cleaning business on Smithtown just a block from
this proposed business. If the reopened gas station wants to reopen the automatic car wash like the
one before, that would be a better option and desired by most of the neighbors.
B & J Automotive that is next to the carwash is a long time and respected business and is the exception
to th gain off again businesses we have been experiencing. He has many satisfied customers in the
are an is an asset to the city.
,f
Gene Marien
5815 Echo Road
Shorewood, MN 55331
CITY OF SHORE WOOD
RESOLUTION NO. 13-____
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR SHOREWOOD CENTER LLC (LUCKY’S STATION)
WHEREAS
, Shorewood Center LLC, doing business as Lucky’s Station #7 (Applicant)
is the owner of the real property located at 24365 Smithtown Road in the City of Shorewood,
County of Hennepin, State of Minnesota, (the Property) legally described as:
“Lot 1, Block 1, Senn Addition”; and
WHEREAS
, the Property is currently occupied by a convenience store, six gas
pumps, three auto service bays and an automatic car wash; and
WHEREAS
, the Applicant proposes to convert the automatic car wash portion of the
property into an auto detailing center; add an outdoor sales/display area; and provide for
outdoor sales of seasonal products (e.g. Christmas trees, plant sales, and fruit and vegetable
sales); and
WHEREAS
, the Shorewood Zoning Code provides for minor automotive service, and
outdoor sales and display by conditional use permit, and the Applicant has applied for a
conditional use permit, pursuant to Section 1201.22 Subd. 4.d. and g. of the Shorewood City
Code; and
WHEREAS
, the Applicant's request was reviewed by the Planning Director, and his
recommendations are set forth in a memorandum, dated 2 August 2013; and
WHEREAS
, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at its regular meeting on 6 August 2013, the minutes of
which meeting are on file at City Hall; and
WHEREAS
, the Applicant's request for a conditional use permit was considered by the
City Council at its regular meeting on 26 August 2013, at which time the Planning Director’s
memorandum and the minutes of the Planning Commission were reviewed and comments were
heard by the Council from the City staff.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of Shorewood as
follows:
FINDINGS OF FACT
1. The Property is located in a C-1, General Commercial zoning district and is
bordered on the north and east by commercially zoned property. The
property to the west is zoned for residential use and is currently occupied by
a golf course. The property to the south is zoned for residential use and is
occupied by the Shorewood City Hall and Badger Park.
2. The Property contains approximately 61,645 square feet of area.
3. The Applicant proposes to display items for sale in front of the existing building and to
conduct outdoor sales of seasonal items, such as Christmas trees, plants and fruits and
vegetables.
4. The areas proposed for outdoor sales and display will not exceed the floor area of the
principle structure.
5. With the exception of lighting for Christmas tree sales, the Applicant proposes no
additional site lighting other than that which has been previously approved for the site.
6. That the areas proposed for outdoor display and outdoor seasonal sales are surfaced
with concrete.
CONCLUSIONS
A. Based upon the foregoing, the City Council hereby grants the Applicant's
request for a conditional use permit subject to the following:
1.Outdoor display of day-to-day items for sale shall be limited to the concrete
sidewalk area in front of the building and, except for ice machines and propane
tank exchange racks, shall not be stacked higher than the bottom of the front
windows. In no case shall items for sale be stacked in front of the property or
on pump islands.
2.Signage associated with outdoor display of items for sale shall be kept to a
minimum, with lettering limited to lettering no higher than three inches in
height, so as not to be read from the street.
3.Seasonal sales items shall be limited to the concrete pad area on the east side of
the site and shall not encroach into existing parking spaces. Any temporary
structures associated with seasonal sales shall comply with building setbacks
and shall be subject to review and approval by the Planning Commission.
4.Signs associated with seasonal sales shall be limited to one sign per activity and
shall be limited in size by the conditions of the existing multiple sign
conditional use permit in effect for the Property.
5.Lighting associated with seasonal sales shall be kept low in height and must be
turned off by 10:00 P.M.
6.There shall be no outdoor storage or display of tires or car parts. Vehicles
waiting for parts or servicing shall not be stored on the site for a period
exceeding 48 hours. Commercial vehicles and trailers shall be stored behind
the south side of the building.
2
2
-2-
7.At such time as the Applicant chooses to convert the auto detailing business
back to a car wash, it shall be operated in compliance with Section 1201.22
Subd. 4.c. of the Shorewood City Code.
B. Approval of the conditional use permit is subject to Applicant’s compliance
with the provisions contained in Sections 1201.22 4.d. and g. of the Shorewood City Code.
C. The City Clerk is hereby authorized and directed to provide a certified copy of
this Resolution for filing with the Hennepin County Recorder or Registrar of Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 26th day of
August 2013.
SCOTT ZERBY, MAYOR
ATTEST:
JEAN PANCHYSHYN, CITY CLERK
3
3
-3-
#8C
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Smith Residence – Expansion of Nonconforming Structure
Meeting Date: 26 August 2013
Prepared by: Brad Nielsen
Reviewed by: Patti Helgesen
Attachments: Planning Director’s Memorandum
Draft Resolution
Policy Consideration: Should the City approve a building permit for the renovation and expansion of a
nonconforming single-family home, located at 948 Lafayette Avenue?
Background: See attached staff report for detailed background information.
Financial or Budget Considerations: None.
Options: Approve the permit, modify the permit, deny the permit.
Recommendation / Action Requested: Approval of the permit is recommended.
Next Steps and Timelines: Process the building permit.
Connection to Vision / Mission: Allowing the renovation of a grossly substandard contributes to a
sustainable tax base.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
i
MEMORANDUM
i
TO: Planning Commission, Mayor and City Council
FRONT: Brad Nielsen
DATE: 2 August 2013
RE: Smith Residence - Expansion of Nonconforming Structure
j�
FILE NO. Property (448 Lafayette Avenue)
BACKGROUND
Last year the City approved plans for the expansion of a nonconforming home at 450
Lafayette Avenue. The architect, Mr. Robert Shaffer, managed to design additions to
what was a very problematic building and site, without applying for variances. Dale
and Sylvia Smith, the owners of the property at 448 Lafayette Avenue (see Site
Location map - Exhibit A, attached), have now commissioned Mr. Shaffer to design an
expansion of their home. In this case, the lot is considerably larger than the
neighboring property and the existing house conforms better to the current zoning
regulations. Nevertheless, since. the renovation involves an expansion of a
nonconforming building, -it is subject to Planning Commission review and
recommendation and approval by the City Council;
Lafayette Avenue is essentially a private driveway that serves four lots on a small -
peninsula of land extending into Lake Minnetonka The subject property is zoned R
lA/S, Single - Family Residential /Shoreland and contains only 7576 square feet of area,
not including the bituminous driveway that cuts through the site. As shown on the site
plan for the property (Exhibit B), the existing home encroaches into the side yard
setbacks required in the R -1A/S district.
The applicant proposes to add on to the south side of the building then add a second
story to the home, all keeping within the required building setbacks. At 38 percent, the
property is well over the 25 percent hardcover limitation required in the Shoreland
overlay district. The applicant intends to remove an existing gravel driveway and some
of the existing brick sidewalk which will actually result in a reduction in hardcover to
PRINTED ON RECYCLED PAPER
Memorandum
Re: Smith Residence — Expansion of Nonconforming Structure
2 August 2013
34.2 percent, as described on Exhibit A. The applicant's plans are shown in Exhibits
C -G.
ISSUES AND ANALYSIS
Shorewood amended its regulations two years ago to comply with State legislation
regarding nonconforrnities. Sections 1201.03 Subd. -1 .d. and Subd. I.i. of the
Shorewood Zoning Code, shown on Exhibit H, provide the guidelines for addressing
nonconformities. Following is how the applicant's request complies with the Code:.
Subd. Ed.
This section simply provides that where nonconfoi�rnities cannot achieve complete
compliance, the plans for rebuilding are subject to Planning Commission
recommendation and City Council approval.
This section also requires a demonstration that the project conforms substantially better
to current zoning requirements. The most significant compliance proposed in the
applicant's plans is with respect to hardcover. A 3.8 percent reduction is considered
quite substantial. It should be realized that one of the ways they intend to achieve the
reduction is the removal of the existing gravel driveway. The Code requires two
parking spaces, which are already provided by the existing garage and driveway leading
to it.
Subd. Id.
1. The proposed plans do not increase the nonconformity and the expansion areas
comply with setback requirements. Again, the architect spent considerable time in his
design in order to comply with the requirements in this regard. And again, the result is
a creative solution to fitting more house on the property. In this case, the proposed
home is a'contemporary design.
2. Even with the proposed additions, the house and existing garage do not exceed the
30 percent building to floor area ratio (27 percent).
3. In spite of a more contemporary design, the proposed materials, size and the
compliance with setbacks of the home should not adversely affect the character of the
neighborhood.
4. Although the upper level will be larger, the angles of roof lines minimize any
impact on the two adjoining residences.
5. Since the existing structure is already too close to both side lot lines, there is no
opportunity to make up any deficiency.
-2-
Memorandum
Re: Smith Residence — Expansion of Nonconforming Structure
2 August 2,013
RECOMMENDATION
As with the house next door, the architect and the owners are to be commended for
their efforts to comply with Shorewood's zoning requirements. Approval of the plans
is recommended.
Cc: Bill Joyner
Joe Pazandak
Bob Shaffer
Dale and Sylvia Smith
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INDEX OF DRAWINGS
TI A
TITLE PAGE & GENERAL NOTES
T1.2
SPECIFICATIONS
SURVEY
AD1.1
FIRST FLOOR PLAN - EXISTING
A1.1
FIRST FLOOR PLAN
A1.2
SECOND FLOOR PLAN
A1.3
ROOF PLAN
A9.1
RENDERINGS
A9.2
RENDERINGS
ZONING NOTES
R1A
Lot Requirements
Area 40,000 SF Min.
Width120' Min.
Depth 150' Min.
Setbacks
Front Ave. Setback
Rear Ave. Lakeside Setback
Side 10' East, 20' West
Shoreland Overlay
Lot Requirements
Max. Impervious Surface - 25%
25% of 7,576 =1,894 SF
Existing Impervious Elements:
Actual
8,691 SF (7,576 SF w/o Bit. Drive)
85' -3" on South End, 47' -0" North En(
161.9' (East Property Line)
Line shown
Line shown
7.0' (West P.L.), 4.6' (East P.L.)
Existing Site is 38% Impervious
Updated Site Impervious Elements
Updated Site is 34.2% Impervious
Reduction of 3.8%
Site - 7,576 SF
House
1,395 SF
Garage
487 SF
North Gravel Drive
434 SF
South Gravel Drive
503 SF
Brick Sidewalk
77 SF
TOTAL
2,896 SF
Existing House1,395 SF
South Addition
154 SF
Garage
487 SF
South Gravel Drive
503 SF
Brick Sidewalk
52 SF
TOTAL
2,591 SF
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ARCHITECTURAL
SITE PLAN &
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Project No. 12.16
Exhibit B
SITE PLAN AND AREA
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Robert A. Shaffer
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EXISTING AND
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Project No. 12.16
Exhibit C
EXISTING FIRST FLOOR PLAN
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212 Third Ave. N, Suite 460
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www,foundatlonarch.com
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Robert A. Shaffer
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FIRST FLOOR PLAN
Date 07.02,2013
Project No, 12.16
Exhibit D
PROPOSED FIRST FLOOR PLAN
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ARCHITECTS
212 Third Ave. N, Suite 460
Minneapolls, MN 55401
www,fou ndationarch,com
p. 612.340,5430
f. 612.340.5431
I certify that this plan, specification, or
report was prepared by me or under my
direct supervision & that I am a duly
registered ARCHITECT under the laws
of the state of MINNESOTA
Robert A. Shaffer
Date XX.XX.XXXX Reg. No. 20803
Revision No. Date
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I certify that this plan, specification, or
report was prepared by me or under my
direct supervision & that I am a duty
registered ARCHITECT under the laws
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RENDERINGS
Date 07.02.2013
Project No. 12.16
ERING - SOUTH
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certify that this plan, specification, or
report was prepared by me or under my
direct supervision & that I am a duly
registered ARCHITECT under the laws
of the state of MINNESOTA
Robert A. Shaffer
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RENDERINGS
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Project No. 12.16
ERING - NORTH
Zoning Code Section 1201.03 Subd. l.d.
d. In instances where complete compliance cannot be achieved,
nonconforming structures may be moved or rebuilt, when it can be
demonstrated that the structure has less impact on adjacent properties, and
conforms substantially better with current zoning requirements. Approval
of such cases shall take into consideration existing and proposed
landscaping, sight lines, and site drainage, and shall be subject to review
and recommendation by the Planning Commission and approval by the
City Council.
Subd. U.
i. Lawful nonconforming, single - family residential units may be expanded,
provided:
(1) That the expansion does not increase the
nonconformity and complies with height and setback requirements
of the district in which it is located;
(2) That if the nonconformity exists because the
lot area does not meet the minimum requirement for the district in
which it is located, the expansion shall not increase the floor area
of all structures to lot area ratio to greater than 30 %.
(3) That the granting of the expansion shall not
adversely affect the aesthetics or character of the adjacent property.
(4) That any expansion shall take into
consideration the protection of light and air to the adjacent
property.
(5) That in cases where a structure is too close
to a lot line, the city may require that the discrepancy be made up
by enlarging the opposite required yard space. (Example: where a
building is eight feet from a side lot line in a district in which a ten
foot setback is required, the city may require a 12 foot setback on
the other side.)
Exhibit H
EXERPT — ZONING REQUIREMENTS
Noncon--ormities
CITY OF SHOREWOOD
RESOLUTION NO. _________
A RESOLUTION APPROVING A BUILDING PERMIT TO ADD ON TO A
NONCONFORMING STRUCTURE AT 448 LAFAYETTE AVENUE
WHEREAS
, Robert Shaffer (Applicant) represents Dale and Sylvia Smith, the owners of the real
property located at 448 Lafayette Avenue in the City of Shorewood, County of Hennepin, legally described
in Exhibit A, attached hereto and made a part hereof; and
WHEREAS
, the property does not conform to the lot area requirements of the R-1A/S, Single-
Family Residential/Shoreland zoning district, in which it is located; and
WHEREAS
, the existing home on the property does not conform to the setback requirements of
the R-1A/S, Single-Family Residential/Shoreland zoning district, in which it is located; and
WHEREAS,
the Applicant proposes a significant renovation of the existing home and expansion
thereof; and
WHEREAS
, the Shorewood City Code requires that the expansion of a nonconforming structure
be subject to Planning Commission review and recommendation and City Council approval; and
WHEREAS
, the Applicant's request was reviewed by the City Planner, and his recommendations
were duly set forth in a memorandum to the Planning Commission, Mayor and City Council, dated 2
August 2013, which memorandum is on file at City Hall; and
WHEREAS
, the application was reviewed by the Planning Commission at its regular meeting on 6
August 2013, the minutes of which meeting are on file at City Hall; and
WHEREAS
, the Applicant's request was considered by the City Council at their regular meeting
on 26 August 2013, at which time the Planner's memorandum and the minutes of the Planning Commission
were reviewed and comments were heard by the Council from the City staff.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of Shorewood as
follows:
FINDINGS OF FACT
1. The lot contains 7576 square feet of area and is approximately 66 feet wide at its front
building line.
2. The existing home on the property is located 4.6 feet from the easterly side of the lot and
7.0 feet from the westerly side of the lot.
3. Neither the existing house nor the detached garage located on the property comply with the
setbacks of the R-1A/S zoning district.
4. The Applicant proposes to expand the existing home and the additions to the structure
comply with setback requirements.
5. Existing impervious surface on the property amounts to 38 percent of the lot area.
6. The proposed renovation, including the building additions, will reduce the amount of
hardcover to 34.2 percent of the lot area.
7. The Applicant has taken the location and views of the two adjacent homes into
consideration in siting the proposed house on the subject property.
CONCLUSION
A. That based upon the foregoing, the City Council hereby grants the Applicant’s request for
a building permit to expand a nonconforming structure at 448 Lafayette Avenue.
B. The City Clerk is hereby authorized and directed to provide a certified copy of this
Resolution for filing with the Hennepin County Recorder or Registrar of Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 26th day of August,
2013.
Scott Zerby, Mayor
ATTEST:
Jean Panchyshyn, City Clerk
2
#10A
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: Uniform Animal Ordinance
Meeting Date: August 26, 2013
Prepared by: Bill Joynes, City Administrator
Reviewed by: Jean Panchyshyn and Brad Nielsen
Attachments: Police Chief Litsey’s memo, Draft Ordinance, supporting documentation
Policy Consideration: Should a Uniform Animal Ordinance be adopted for the South Lake Minnetonka
cities?
Background: Police Chief Bryan Litsey of the South Lake Minnetonka Police Department has provided
the attached memo, and forwarded a draft of the Uniform Animal Ordinance that has been under
development for quite some time. The draft ordinance has been approved by the Police Coordinating
Committee and has been sent to member cities for consideration of approval.
Each City has the option of appending requirements specific to their community with the bulk of the
ordinance providing a uniform response for the policing of dangerous animals across all participating cities.
Some of the considerations for Shorewood include:
a)Our current dog ordinance specifies a leash length of no more than 6-feet while on any public
trail, sidewalk, the LRT, or along public right-of-way (ex: roadways and streets), and no leash
length required for any city park. Staff recommends this language be added to the Appendix in
the proposed ordinance.
b)Staff recommends adding the term of the dog license (one-year) to the Appendix.
c)There is reference to a fee for a transfer of a dog license. This is new language for Shorewood
and staff does not recall receiving this type of request. Staff recommends no fee be required, as
minimal time would be spent to change the owner’s name and address for a dog.
d)There is a section on Permitted Non-Domesticated Animals which states that non-domestic
animals are not allowed. Staff recommends adding a reference to City Code Chapter 705-Farm
and Other Animals, as an exception to this section.
e)Our current ordinance requires a Kennel License for 3-4 dogs. Staff recommends adding this to
the Appendix, and has modified it to be called a Multiple Dog license (Attachment A), as that
term more accurately reflects what the license is for, and reference to a multiple dog license is
made in the proposed ordinance.
f)There is reference to a limitation on the number of cats allowed. Shorewood does not currently
address cats in its current ordinance. Staff would like Council input on whether to keep this
language in the draft ordinance or remove it. No cat licenses will be required regardless of this
language.
Financial or Budget Considerations: No dog license fee adjustments are recommended.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
Options:
1)Approve the draft ordinance with the considerations identified by staff and council, and direct
staff to bring the final ordinance back for consideration of approval at the September 9 Council
meeting.
2)Do nothing; keep the current ordinance in place.
Recommendation: Staff attended the drafting meetings and supports the draft ordinance, with the
considerations noted above.
Next Steps and Timelines: Should Council decide to move forward with the draft ordinance, staff will
prepare the ordinance in Shorewood City Code format, with the considerations identified by council, for
approval at the Sept. 9 meeting.
Connection to Vision/Mission: Providing residents with quality public services.
701.05 LIMITATIONS ON NUMBER OF DOGS
.
Subd. 1. Multiple Dog license. Within the limits of the city, no more than two dogs over the age
of six months shall be allowed in any household unless the owners shall first obtain
a Multiple Dog license. This license shall allow an owner to keep up to four dogs
over the age of six months. Any person desiring a Multiple Dog license shall make
written application upon a form prescribed by and containing the information as
required by the city. Every owner is required to keep a valid, individual license tag
securely fastened to the dog’s collar or harness. The owner shall pay a fee for the
Multiple Dog license as provided in § 1302 of this code. This license shall be valid
for the period of one year, beginning on January 1 and ending on December 31, and
is nontransferable. The application shall contain the following information:
a. The number of dogs over the age of six months to be maintained on the premises;
b. A description of the real estate property upon which the animals will be kept;
c. Written authorization for the city to inspect the premises which shall be valid for
the length of the license. Application for a renewal license shall be inspected upon
receipt of complaints. The inspection shall be to confirm compliance with the
following criteria:
(1) If an outdoor Multiple Dog shelter is provided, it must be constructed of
suitable material to maintain and secure the keeping of dogs and to allow for
sufficient space for the dogs. Standards for adequate shelter for dogs is
specified in M.S. § 343.40 and is adopted by reference, including any
amendments to that section. The space must be inspected and approved by the
Animal Enforcement Officer. All surfaces must be constructed of material to
provide for proper cleaning, drainage and maintenance and needs of the dogs.
Multiple Dog structures must be located within the prescribed setback
requirements for the property and shall be located at least ten feet from the
property boundary. All fences shall be located entirely upon the property of the
fence owner. No boundary line fence shall be erected closer than three feet to
an existing parallel boundary line fence;
(2) Owners must ensure that dogs kept on a licensed premises do not create a
nuisance by excessive barking or by creating unsanitary conditions.
d. Notification of any prior violations during the previous licensing period.
Subd. 2. Denial of license. The city may deny any license request based upon one or more of the
following:
a. The Animal Enforcement Officer finds the Multiple Dog facilities inadequate;
b. Conditions of the license are not met;
c. A nuisance condition is found to be created by the dogs or owner;
d. The Multiple Dog facility creates a public health and safety hazard or has placed
the animals in an unreasonable endangerment. The city shall investigate all
complaints and may issue a citation for violations. After a complaint has been
received and found to be valid regarding a Multiple Dog license, the holder of the
ATTACHMENT A
license shall appear before the City Council to state or explain their position. The
appearance shall be within 30 days of the initial complaint and after notification of
all contiguous property owners. The City Council will then decide the status of the
license.
Subd. 3. Exceptions.
a. An applicant may apply to the City Council for an exception to the maximum
number of dogs allowed per property.
b. This section shall not apply to nonresidents or dogs kept within the city for less
than 30 continuous days.
Subd. 4. Revocation of Multiple Dog license. In addition to any other sanctions herein provided,
violation of any of the terms of this chapter shall be grounds for termination of the
privilege of keeping up to four dogs, and the license may be revoked. Revocation
may occur for a violation attributable to any dog kept by the owners.
Jean Panchyshyn
Subject:FW: Update - Uniform Animal Ordinance
Attachments:UAO Memo to Chief 07-24-2013.pdf; Tonka Bay Council Minutes 05-28-2013.pdf; UAO
General Timeline.pdf; UAO Proposal - Final Draft.pdf
From: Bryan Litsey [mailto:blitsey@southlakepd.com]
Sent: Friday, July 26, 2013 6:53 PM
To: dkind100@gmail.com; gerryd@terradek.com; scott@gamersdigital.com; Scott Zerby; Mark Gaylord
Cc: danayoung@mchsi.com; guskarpas@mchsi.com; jkohlmann@cityoftonkabay.net; clink@cityoftonkabay.net; Bill
Joynes; Jean Panchyshyn; Kristi Luger; Cheri Johnson; PottsKatty@aol.com; kmarty@martylawfirm.com;
dpierson@southlakepd.com; dhohertz@southlakepd.com
Subject: Update - Uniform Animal Ordinance
July 26, 2013 – Friday
Coordinating Committee Members
South Lake Minnetonka Police Department (SLMPD)
Administrative Staff
SLMPD Member Cities
Attached is an update on the status of the uniform animal ordinance now before the member City Councils for
consideration. I have also attached the documents that were included in the packet materials for the
Coordinating Committee Meeting on May 21, 2013.
Although reaching this juncture has been a long time coming, the process has led to a uniform animal
ordinance that is in line with state law and creates consistency among the member cities. There is also
flexibility within the framework of the ordinance to address issue(s) unique to a specific city. From the
perspective of the SLMPD, the uniformity of such an ordinance makes it easier to enforce and educate the
public.
I would like to recognize Deputy Chief Dave Pierson and Support Services Manager David Hohertz for their
hard work and perseverance in bringing this project to fruition. Their efforts were aided by the exceptional
legal guidance provided by Attorney Karen Marty, who was retained by the SLMPD to assist with this effort.
She specializes in this area of the law and her assistance was invaluable during the process. It also provides
the assurance that the proposed ordinance meets all the appropriate legal standards.
Passage of this proposed ordinance by your respective City Councils would be much appreciated.
Chief Bryan Litsey
South Lake Minnetonka Police Department
24150 Smithtown Road
Shorewood, Minnesota 55331
(952) 474-3261 General Number
(952) 960-1601 Direct Number
1
SOUTH LAKE MINNETONKA POLICE DEPARTMENT
24150 Smithtown Road
Shorewood, Minnesota 55331
Office (952) 474-3261
Bryan T. Litsey
Chief of Police Fax (952) 474-4477
TO:
Chief Bryan Litsey
FROM:
Support Services Manager David Hohertz
DATE:
July 24, 2013
SUBJECT:
Uniform Animal Ordinance Follow Up
At your request, I recently contacted the city administrators of each SLMPD community
regarding the status of the uniform animal ordinance. Here are my findings:
Excelsior
City Clerk Cheri Johnson advised that the council agendas have been full lately, but the
animal ordinance topic is tentatively scheduled for the July 29, 2013 council agenda.
Greenwood
City Clerk Gus Karpas advised that council members have reviewed the ordinance and
Shorewood
City Clerk Jeanne Panchyshyn advised that the ordinance issue has not yet been on
the council agenda. She will do some follow up and call me back.
Tonka Bay
The ordinance was discussed at the May 28, 2013 city council meeting and was not
approved. Attached is a copy of the minutes from that meeting.
SOUTH LAKE MINNETONKA POLICE DEPARTMENT
24150 Smithtown Road
Shorewood, Minnesota 55331
Bryan T. Litsey Office (952) 474-3261
Chief of Police Fax (952) 474-4477
Uniform Animal Ordinance Proposal - General Timeline
May 9, 2012: SLMPD Coordinating Committee informed that SLMPD staff will be
renewing efforts to create a uniform animal ordinance.
June 20, 2012: First draft presented to SLMPD Coordinating Committee members
at the budget work session. Coordinating Committee requests that SLMPD staff
send draft to city representatives for review and comment.
June 26, 2012: First draft sent to city representatives for review prior to first work
session.
July 25, 2012: Work session Attended by SLMPD staff and city representatives.
Issues discussed at this session are incorporated into draft 2.
September 12, 2012: Draft 2 is completed and sent to city representatives and
Attorney Karen Marty, who has extensive experience and expertise in animal
regulation issues, for review in preparation for next work session. Comments and
suggestions received from them are incorporated into draft 3.
October 30, 2012: Work session Attended by SLMPD staff, city representatives,
and Attorney Karen Marty. Several issues as highlighted by Ms. Marty and
Greenwood City Attorney Mark Kelly were discussed and will be incorporated into
draft 4, which is currently in progress. The City of Greenwood did not have a
representative at this session.
February 26, 2013: General discussion meeting Attended by SLMPD Chief Litsey,
Deputy Chief Dave Pierson, Support Services Manager David Hohertz, Shorewood
Mayor Scott Zerby, and Shorewood City Inspector Brad Nielson.
April 15, 2013: Work session - Attended by SLMPD staff, city representatives, and
Attorney Karen Marty. Several issues as highlighted by Ms. Marty and Greenwood
City Attorney Mark Kelly were discussed and incorporated into final draft.
May 7, 2013: Final draft completed and sent electronically to city representatives
and Attorney Karen Marty.
Uniform Animal Ordinance Proposal
for cities of
Excelsior, Greenwood, Shorewood, and Tonka Bay
Section
_____ Purpose
_____ Definitions
_____ Registration and licensing requirements
_____ Permitted Domesticated Animals
_____ Permitted Non-Domesticated Animals
_____ Limitations on number of dogs
_____ Limitations on number of cats
_____ Animal breeders
_____ Running at large
_____ Impoundment authority
_____ Animal nuisances
_____ Confinement of certain animals
_____ Impounded animal redemption
_____ Rabies control
_____ Abuse/neglect of animals
_____ Dangerous animals and potentially dangerous animals
_____ Penalties for violation
_____ Enforcement
_____ Appendices
Page 1
Uniform Animal Ordinance Proposal- FINAL DRAFT
______ PURPOSE.
1
To preserve the public health, safety and welfare, and guard against public
2
nuisances, the ownership and possession of animals must be regulated.
3
______ DEFINITIONS.
4
For the purpose of this ordinance, the following definitions shall apply unless the
5
context clearly indicates or requires a different meaning.
6
ANIMAL CONTROL AUTHORITY. An agency of the state, county, municipality
7
or other governmental subdivision of the state which is responsible for animal
8
control operations in its jurisdiction.
9
ANIMAL ENFORCEMENT OFFICER. The designated law enforcement
10
personnel charged by the City with enforcement of this ordinance.
11
12
ANIMAL SHELTER. Any premises designated by the City Council or the SLMPD
13
for the purpose of impounding and caring for animals held under the authority of
14
this ordinance.
15
16
AT LARGE. An animal is at large when it is off the premises of the, person, firm,
17
corporation, organization, or department possessing, harboring, keeping,
18
having an interest in, or having care, custody, or control of the animal, and
19
the animal is not under restraint.
20
21
BARKING. The phrase includes,
22
but is not limited to, barking, whining, howling, baying, crying, or making other
23
noise excessively, such that thecreation of the noise by any single or
24
combination of dogs can be heard by any person, including a law enforcement
25
officer or animal control officer, from a location outside of the building or
26
premises where the dog is being kept and which noise occurs repeatedly over at
27
least a five minute period of time with one minute or less lapse of time between
28
each animal noise during the five minute period. includes, but is not
29
limited to, the noise which occurs repeatedly over a two-minute period of time
30
with one-minute or less lapse of time between each animal noise during the two-
31
minute period, between 10:00 p.m. and 7:00 a.m.
32
33
BODILY HARM. Physical pain or injury, illness, or any impairment of physical
34
condition.
35
36
SUBSTANTIAL BODILY HARM. Bodily injury which involves a temporary but
37
substantial disfigurement, or which causes a temporary but substantial loss or
38
impairment of the function of any bodily member or organ, or which causes a
39
fracture of any bodily member.
40
41
GREAT BODILY HARM. Bodily injury which creates a high probability of death,
42
or which causes serious permanent disfigurement, or which causes a permanent
43
or protracted loss or impairment of the function of any bodily member or organ or
44
other serious bodily harm.
45
Page 2
Uniform Animal Ordinance Proposal- FINAL DRAFT
1
CITY. The City of __________ .
2
COMMERCIAL KENNEL. A kennel used for boarding and breeding or selling
3
dogs for a profit.
4
5
DANGEROUS ANIMAL. An animal, including dangerous dogs as defined in
6
Minnesota Statutes, Section 347.50, as amended, which has:
7
8
(a) without provocation, inflicted substantial bodily harm on a human being on
9
public or private property; or
10
11
(b
12
or
13
14
(c) been found to be potentially dangerous, and after the owner has received
15
notice that the animal is potentially dangerous, the animal aggressively bites,
16
attacks, or endangers the safety of humans or domestic animals.
17
18
DEALER. A public or private agency, person, society, or corporation that sells or
19
transfers dogs or cats to corporations, institutions or to other dealers who sell or
20
transfer to corporations or institutions.
21
22
ANIMAL WASTE DEVICE. A device for sanitary removal of animal feces.
23
24
DOMESTICATED (DOMESTIC) ANIMAL. Such animals as dogs, cats, caged
25
birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non-poisonous,
26
non-venomous and non-constricting reptiles or amphibians, and other similar
27
domesticated animals.
28
29
NON-DOMESTICATED (NON-DOMESTIC) ANIMAL. Animals which are
30
naturally wild and not naturally trained or domesticated, or which are inherently
31
dangerous to the health, safety, and welfare of people. Unless otherwise defined,
32
such animals shall include:
33
34
(1.) Any member of the cat family (family felidae) including lions, tigers,
35
cougars, bobcats, leopards and jaguars, but excluding commonly
36
accepted domesticated house cats;
37
(2.) Any naturally wild member of the canine family (family canidae)
38
including wolves, foxes, coyotes, dingoes, and jackals, but excluding
39
commonly accepted domesticated dogs;
40
(3.) Any member or relative of the rodent family including any skunk
41
(whether or not de-scented), raccoon, or squirrel, but excluding
42
those members otherwise defined or commonly accepted as
43
domesticated pets;
44
(4.) Any poisonous, venomous, constricting, or inherently dangerous
45
member of the reptile or amphibian families including rattlesnakes, boa
46
constrictors, pit vipers, crocodiles and alligators; and,
47
(5.) Any other animal which is not explicitly listed above but which can
48
be reasonably defined by the terms of this subsection, including but not
49
limited to bears, deer, monkeys and other species non-indigenous to Minnesota.
50
51
Page 3
Uniform Animal Ordinance Proposal- FINAL DRAFT
(6.) Any animal defined as livestock by Minnesota Department of Agriculture rule
1
1515.3100.
2
3
OWNER. Any person, firm, corporation, organization, or department
4
possessing, harboring, keeping, having an interest in, or having care,
5
custody, or control of an animal.
6
POTENTIALLY DANGEROUS ANIMAL. Any animal, including a potentially
7
dangerous dog as defined in Minnesota Statutes, Section 347.50, as amended,
8
that:
9
10
(a) When unprovoked, inflicts bites on a human or domestic animal on public or
11
private property; or
12
13
(b) when unprovoked, chases or approaches a person, including a person on a
14
bicycle, upon the streets, sidewalks, or any public or private property, other than
15
the animal owner's property, in an apparent attitude of attack; or
16
17
(c) has a known propensity, tendency, or disposition to attack unprovoked,
18
causing injury or otherwise threatening the safety of humans or domestic
19
animals; or
20
21
(d) Has been declared a potentially dangerous dog or potentially dangerous
22
animal by any lawful authority of this or any other state or subdivision thereof.
23
24
PREMISES. A building, structure, shelter, or land where a dog or other
25
domesticated or non-domesticated animal is kept or confined, and specifically
26
excludes all public rights-of-way, sidewalks, and streets.
27
PROPER ENCLOSURE. Securely confined indoors or in a securely enclosed
28
and locked pen or structure suitable to prevent the animal from escaping and
29
providing protection from the elements for the animal. A proper enclosure
30
does not include a porch, patio, or any part of a house, garage, or other
31
structure that would allow the animal to exit of its own volition, or any house
32
or structure in which windows are open or in which door or window screens
33
are the only obstacles that prevent the animal from exiting.
34
35
PROVOCATION. An act that an adult could reasonably expect may cause an
36
animal to attack or bite. With regard to an animal other than a dog, provocation
37
also means an act that an adult could reasonably expect may cause an animal of
38
that species to attack or bite.
39
40
PUBLIC NUISANCE - ANIMAL. Any animal that habitually worries, chases or
41
molests persons travelling peaceably on a public road or off the premises of its
42
owner, or violates a prohibition of this ordinance, is a public nuisance. It shall be
43
considered a nuisance for any animal to bark excessively, continuously or
44
untimely; to frequent school grounds, parks, or public beaches; to chase
45
vehicles; to chase, molest, annoy or bite any person if the person is not on the
46
property of the owner or custodian of the animal; to molest, defile or destroy any
47
property, public or private; or to defecate in or upon public property or the
48
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Uniform Animal Ordinance Proposal- FINAL DRAFT
property of another without being cleaned up immediately by the person in
1
charge of the animal. The person having custody of the animal is responsible for
2
disposing of the animal feces in a sanitary manner. Failure on the part of the
3
owner or custodian to prevent his animals from committing an act of nuisance
4
shall subject the owner or custodian to the penalty hereinafter provided.
5
RESTRAINT. An animal is considered to be under restraint, provided that:
6
(1) It is on the premises of the person, firm, corporation, organization, or
7
department possessing, harboring, keeping, having an interest in, or
8
having care, custody, or control of the animal; or
9
10
(2) It is in a private motor vehicle or camper, with secured windows and
11
doors, of a person, firm, corporation, organization, or department
12
possessing, harboring, keeping, having an interest in, or having care,
13
custody, or control of the animal; or
14
15
(3) In all other locations, other than animal-
16
is on a secure leash.
17
18
SLMPD. The South Lake Minnetonka Police Department.
19
______ REGISTRATION AND LICENSING REQUIREMENTS.
20
Subd. 1. Licensure required. All dogs over the age of six months kept in this
21
city, including those allowed by multiple dog license, shall be licensed and
22
registered by the owner with the city. The fee for the license and registration
23
shall be set by resolution of the City Council. License applications shall be
24
made at the office of the City Clerk on city forms setting forth the name and
25
address of the owner; the name, breed, age, color, and gender of the dog; and
26
such other information as may be considered necessary by the city.
27
Applicants shall provide proof that each dog has current vaccination against
28
rabies. License tags, if issued at the election of the city, shall be securely
29
attached around the dog's neck at all times during the license term. If the tag is
30
lost or stolen, the owner may obtain a duplicate license and tag upon payment
31
of a fee City
32
Subd. 2. Term of license. The license period shall be that specified by the city in
33
appendix.
34
Subd. 3. New residents of city. Any person who moves into and becomes a
35
resident of the city and who owns a dog within the city shall cause the same to
36
be registered and licensed as provided hereinbefore within a period of not more
37
than 30 days after becoming a resident of the city.
38
Subd. 4. Transfer of license. The license of any dog, licensed by the city, may be
39
transferred to a new owner of the licensed dog for the duration of that license.
40
The transfer is when the information regarding the new owner is filed with the city
41
clerk. The fee for license transfers shall be set by resolution of the City Council.
42
Subd. 5. Revocation. Any person making any false statement on any license
43
application required by this section shall be guilty of a misdemeanor. The city
44
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Uniform Animal Ordinance Proposal- FINAL DRAFT
clerk/treasurer shall revoke any license issued under this section if the owner has
1
made any false statement on the license application. No refund of any fees shall
2
be due to the licensee whose license has been revoked.
3
Subd. 6. Reinstatement. Any person whose license has been revoked under this
4
section may reapply for such license after all deficiencies have been corrected.
5
Any person making application after any revocation shall follow the procedures
6
set out for the initial issuance of the license and shall pay the fees in the full
7
amount that would be required for an original license
8 .
______PERMITTED DOMESTICATED ANIMALS
9
Any person may own, keep, harbor, or maintain any of the various domesticated
10
animals, including but not limited to dogs and cats, adapted so as to live with
11
humans in a tame condition.
12
______PERMITTED NON-DOMESTICATED ANIMALS
13
No person may own, keep, harbor, or maintain any non-domestic animal within
14
the city limits.
15
Individual cities may address exceptions in an appendix
16
______ LIMITATIONS ON NUMBER OF DOGS.
17
Within the limits of the city, no person may own, keep, harbor, or maintain more
18
than 2 dogs over the age of 6 months unless a multiple dog license is first
19
obtained from the city.
20
______ LIMITATIONS ON NUMBER OF CATS.
21
Within the limits of the city, an owner or household may not own, keep, harbor, or
22
maintain more than 3 cats over the age of 6 months.
23
______ ANIMAL BREEDERS AND DEALERS.
24
No person, firm, or corporation shall establish, maintain, conduct, or operate
25
a commercial kennel or operate as a breeder or dealer of any animal within
26
this city without first obtaining approval by the city council.
27
______ RUNNING AT LARGE.
28
No owner of any animal shall permit such animal to run or move at large at any
29
time within the city. The finding of any animal running at large shall be prima
30
facie evidence of violation of this section by the owner of the animal.
31
______ IMPOUNDMENT AUTHORITY.
32
The animal enforcement officer shall have authority to take into custody and
33
impound those animals, found at large within the city. If the animal enforcement
34
officer is unable to take an animal into custody the officer may, where possible,
35
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Uniform Animal Ordinance Proposal- FINAL DRAFT
follow the animal to the property of its owner, and may issue a citation to the
1
owner for violation of this ordinance. The officer shall not take into custody an
2
animal once it is upon the property of its owner except:
3
4
(a) Where the officer finds no one present upon the property and custody is
5
necessary to prevent the animal from further running at large; or
6
7
(b) The animal is previously declared as a dangerous dog or dangerous
8
animal; or
9
(c) Is a prohibited non-domesticated animal or which is inherently dangerous
10
and if left uncontrolled poses a danger to public health, safety or welfare.
11
______ ANIMAL NUISANCES.
12
Subd. 1. It shall be unlawful for any owner to fail to exercise reasonable care and
13
control of his or her animals to prevent them from becoming a public nuisance.
14
Subd. 2. The person having custody of the animal must have in their possession
15
a device for removal of animal feces when in or on any public trail, sidewalk, in
16
any city park, or along any public right-of-way (for example, along roadways and
17
streets), or any other property, public or private, which is not the premises of the
18
person owning, keeping, harboring, or maintaining the animal.
19
Subd. 3. No person having custody or control of a domesticated animal shall
20
allow such animal on any public swimming beach or any public grounds where
21
any sign is posted prohibiting animals in that area, except a recognized animal
22
for life assistance.
23
______ CONFINEMENT OF CERTAIN ANIMALS.
24
Every female animal in heat shall be confined in a building or other secure
25
enclosure in such manner that such female animal cannot come into contact with
26
another animal, except for planned breeding.
27
______ IMPOUNDED ANIMAL REDEMPTION.
28
Subd. 1. Pound. The city shall provide an adequate pound or facilities where
29
animals taken into custody by an animal enforcement officer shall be kept and
30
properly fed and cared for until disposed of according to the provisions of this
31
ordinance.
32
Subd. 2. Notice of impoundment. Within 24 hours of taking an animal into
33
custody, the Animal Enforcement Officer shall give notice of the animal
34
impoundment to the last known owner(s) and/or custodian(s) of the animal. If no
35
address is available from police records, city license records, or available
36
microchip identification, notice shall be given to the residence with which the
37
animal was last associated. The notice shall reasonably describe the animal and
38
advise that in the event the animal is not redeemed within five regular business
39
days after a stated date the animal may be destroyed.
40
Subd. 3. Redemption by owner. The owner of any animal seized pursuant to this
41
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Uniform Animal Ordinance Proposal- FINAL DRAFT
section may retrieve the animal from the city's animal impound shelter, provided
1
that the owner purchases the appropriate license within seven days if the animal
2
is not already properly licensed, pays all impound fees to cover the cost of
3
apprehending the animal, boarding fees to cover the cost of sheltering the
4
animal, any veterinary costs incurred by the animal control authority, and any
5
other costs incurred by the animal control authority. Any owner who fails to
6
comply with these requirements within five regular business days shall be
7
deemed to have forfeited any property right to the animal and the animal control
8
authority may dispose of it pursuant to subdivision 5 of this section. In
9
determining the impounding fee, the city may establish a schedule of fees based
10
on the number of times an animal has been impounded. Boarding fees shall be
11
according to a schedule adopted and maintained by the SLMPD. License fees
12
shall be adopted by the city council by resolution.
13
Subd. 4. Disposition of unclaimed or injured animals. Upon expiration of the five
14
regular business day period, an animal in the custody of the animal enforcement
15
officer may be surrendered to the Animal Humane Society or euthanized.
16
Nothing in this ordinance shall prevent the animal enforcement officer from
17
causing the animal to be euthanized in less than the five regular business days
18
waiting period as aforesaid where the animal is injured and, in the opinion of the
19
animal enforcement officer or a veterinarian, the only humane act would be one
20
of euthanization.
21
Subd. 5. Records kept. The animal enforcement officer shall keep an accurate
22
account of all animals received at the pound and all animals euthanized or
23
released there from.
24
______ RABIES CONTROL.
25
Subd. 1. Rabies Vaccination Required.
26
It is unlawful for any person to own, keep, harbor, or maintain any animal over
27
the age of six months which is susceptible to rabies unless that animal is
28
vaccinated against rabies.
29
Subd. 2. Quarantine of biting animals.
30
a) Upon a written report being filed with the animal control authority stating
31
that a animal has bitten a human being and setting forth the name of the
32
animal, if known, and the name and address of the owner or custodian, if
33
known, the name of the person bitten and when and where the incident
34
occurred, the animal enforcement officer shall order the animal
35
quarantined for a period of ten days. During quarantine, the animal shall
36
be securely confined and kept from contact with any other animals.
37
38
b) At the discretion of the animal enforcement officer, the quarantine may
39
be on the premises of the owner. If the animal enforcement officer so
40
requires, the owner shall, at his or her own expense, place the animal in
41
a veterinary hospital for the period of confinement or surrender the
42
animal to the animal enforcement officer for confinement. The animal
43
shall not be released from confinement until the animal control officer
44
has determined that the animal is free from rabies and until the owner
45
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Uniform Animal Ordinance Proposal- FINAL DRAFT
has paid the costs of any veterinary tests made upon the animal as well
1
as the costs of any confinement on premises other than that of the
2
owner.
3
4
c) If the costs are not paid by the owner or custodian within ten days
5
following written notice to the owner or custodian that the animal is
6
available for release, the animal enforcement officer shall forthwith
7
cause the animal to be surrendered to the Animal Humane Society or to
8
be euthanized.
9
10
d) Any person who shall fail to deliver to the animal enforcement officer any
11
animal which has bitten a human being and against which a sworn,
12
written complaint has been filed shall be guilty of a misdemeanor. Each
13
14
shall be deemed a separate offense.
15
16
e) A dog or other animal displaying symptoms of being rabid, may be
17
seized at any place or time and shall be confined in the city impounding
18
facility at the expense of the owner until found to be free from rabies.
19
20
f) If a dog or other animal appears to be diseased, vicious, dangerous,
21
rabid, or has been exposed to rabies, and the dog or other animal
22
cannot be impounded without serious risk of personal injury, the dog or
23
other animal may be destroyed if reasonably necessary for the safety of
24
any person or person.
25
Subd. 3. Rabies in city, proclamation.
26
The city adopts Minnesota statute 35.68 and 35.69 and any revisions thereof
27
regarding rabies proclamations.
28
______ ABUSE/NEGLECT OF ANIMALS.
29
Subd. 1. Improper care.
30
Food. Animals must be provided with food of sufficient quantity and quality to
31
allow for normal growth and maintenance of body weight.
32
Water. Animals must be provided with clean, fresh water in sufficient quantity to
33
satisfy the animal's needs or supplied by free choice. Snow or ice is not an
34
adequate water supply.
35
Shelter. Animals must be provided withproper shelter and protection from the
36
weather. A person in charge or control of any animal which is kept outdoors
37
or in an unheated enclosure shall provide the animal with shelter and bedding
38
as prescribed in this section as a minimum. The shelter shall include a
39
moisture proof and wind proof structure of suitable size to accommodate the
40
animal and allow retention of body heat. It shall be made of durable material
41
with a solid, moisture-proof floor or a floor raised at least two inches from the
42
ground. Between November 1 and March 31 the structure must have a
43
windbreak at the entrance. The structure shall be provided with a sufficient
44
quantity of suitable bedding material consisting of hay, straw, cedar shavings,
45
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Uniform Animal Ordinance Proposal- FINAL DRAFT
blankets, or the equivalent, to provide insulation and protection against cold
1
and dampness and promote retention of body heat. Shade from the direct
2
rays of the sun, during the months of May to October shall be provided.
3
Sanitation. It shall be unlawful for any person to allow food and water
4
receptacles, kennels, yards, or the premises where the animal is kept to be or to
5
remain in an unhealthy, unsanitary, or obnoxious condition, or to permit the
6
premises to be in such condition that obnoxious odors can be plainly detected on
7
adjacent public or private property.
8
Veterinary Care. The owner or custodian of a domesticated or non-
9
domesticated animal shall provide adequate health care, including parasite
10
and pest control, and care needed to prevent suffering.
11
Cruelty to animals. It shall be unlawful for any owner to beat, cruelly ill-treat,
12
torment or otherwise abuse or neglect any animal. A person may not inflict
13
cruelty on a pet or companion animal by the use of a cruel training or
14
handling device or method.
15
Interpretation of Terms. A dispute as to the meaning of abuse, cruelty,
16
neglect or adequate healthcare shall be resolved by an expert opinion.
17
Animals in motor vehicles. A person may not leave an animal unattended in a
18
standing or parked motor vehicle in a manner t health
19
or safety. Animals carried in open vehicles, including trucks, boats, motorcycles,
20
dirt bikes, trailers, etc., must be restrained in a crate or carrier or restrained by a
21
chain or cable to prevent the animal from leaving the vehicle or being tossed out.
22
Subd. 2. Removal of animals. A peace officer, animal enforcement officer, or a
23
volunteer or professional member of a fire or rescue department of a political
24
subdivision may use reasonable force to enter a motor vehicle and remove an
25
animal which has been left in the vehicle in violation of this section. A person
26
removing an animal under this subdivision shall use reasonable means to contact
27
the owner of the animal to arrange for its return home. If the person is unable to
28
contact the owner, the person may take the animal to an animal shelter.
29
______ DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS.
30
The city is authorized pursuant to Minnesota statute section 347.53 to regulate
31
potentially dangerous and dangerous dogs or other animals.
32
33
POTENTIALLY DANGEROUS ANIMALS; DECLARATION
34
35
The animal control authority shall make such declaration upon a finding that the
36
animal in question has:
37
38
(a) When unprovoked, inflicts bites on a human or domestic animal on public or
39
private property; or
40
41
(b) when unprovoked, chases or approaches a person, including a person on a
42
bicycle, upon the streets, sidewalks, or any public or private property, other than
43
the animal owner's property, in an apparent attitude of attack; or
44
45
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Uniform Animal Ordinance Proposal- FINAL DRAFT
(c) has a known propensity, tendency, or disposition to attack unprovoked,
1
causing injury or otherwise threatening the safety of humans or domestic
2
animals; or
3
4
(d) Has been declared a potentially dangerous animal by any lawful authority of
5
this or any other state or subdivision thereof.
6
7
In making such a determination, the animal enforcement officer may rely upon
8
any or all of the following:
9
10
(a) Citizen complaint from an identified member of the public;
11
12
(b) Police or citizen reports of running at large or other public nuisance;
13
14
(c) Citation or convictions of an ordinance or statutory violation independent of
15
site of violation involving the animal in question with the exception of a charge of
16
failure to license;
17
18
(d) Determination by any state or subdivision thereof that the animal in question
19
is a potentially dangerous animal.
20
21
POTENTIALLY DANGEROUS ANIMALS; REQUIREMENTS
22
23
Microchip Identification.The owner of a potentially dangerous animal must have
24
a microchip implanted in the animal for identification, and the name of the
25
microchip manufacturer and identification number of the microchip must be
26
provided to the animal control authority. If the microchip is not implanted by the
27
owner, it may be implanted by the animal control authority. In either case, all
28
costs related to purchase and implantation of the microchip must be borne by the
29
animal's owner. It is a misdemeanor to remove a microchip from a dangerous or
30
potentially dangerous animal.
31
32
Confinement. All potentially dangerous animals shall be securely confined
33
indoors or in a securely enclosed and locked pen, kennel, or fenced yard except
34
when leashed as required. Confinement does not include a porch, patio,
35
36
structure that would allow the animal to exit of its own volition or any house or
37
structure in which screens are the only obstacles to preventing the animal from
38
exiting.
39
40
Impoundment. Any potentially dangerous animal found off the premises of the
41
owner, harborer, keeper, or custodian of same, is subject to immediate seizure
42
and impoundment.
43
44
DANGEROUS ANIMALS; DECLARATION
45
46
The animal control authority shall make such declaration upon a finding that the
47
animal in question has:
48
49
(a) without provocation, inflicted substantial bodily harm on a human being on
50
public or private property; or
51
52
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Uniform Animal Ordinance Proposal- FINAL DRAFT
(b) killed a domestic animal without provocation while off the owner's property; or
1
2
(c) been found to be potentially dangerous, and after the owner has notice that
3
the animal is potentially dangerous, the animal aggressively bites, attacks, or
4
endangers the safety of humans or domestic animals.
5
6
In making such a determination, the animal enforcement officer may rely upon
7
any or all of the following:
8
9
(a) Citizen complaint from an identified member of the public;
10
11
(b) Police or citizen reports of running at large or other public nuisance;
12
13
(c) Citation or convictions of an ordinance or statutory violation independent of
14
site of violation involving the animal in question with the exception of a charge of
15
failure to license;
16
17
(d) Determination by any state or subdivision thereof that the animal in question
18
is a dangerous animal.
19
20
DANGEROUS ANIMALS; REGISTRATION
21
22
Subd 1. Requirement. No person may own a dangerous animal in the city unless
23
the animal is registered as provided in this section.
24
25
Subd. 2. Registration. The animal control authority shall issue a certificate of
26
registration to the owner of a dangerous animal if the owner presents sufficient
27
evidence that:
28
29
(1) a proper enclosure exists for the dangerous animal and a posting on the
30
premises with a clearly visible warning sign that there is a dangerous animal on
31
the property, including a warning symbol to inform children;
32
(2) a policy of liability insurance issued by an insurance company authorized
33
to conduct business in this state in the amount of at least $1,000,000.00 insuring
34
the owner for any personal injuries inflicted by the dangerous animal;
35
(3) the owner has paid an annual fee to the SLMPD, in addition to any
36
regular licensing fees, to obtain a certificate of registration for a dangerous
37
animal under this section; and
38
(4) the owner has had microchip identification implanted in the dangerous
39
animal.
40
41
.
Subd. 2a.Warning symbol
42
If the animal control authority issues a certificate of registration to the owner of a
43
dangerous animal pursuant to subdivision 2, the animal control authority must
44
provide, for posting on the owner's property, a copy of a warning symbol to
45
inform children that there is a dangerous animal on the property. The warning
46
symbol must be the uniform symbol provided by the Minnesota Commissioner of
47
Public Safety. The animal control authority may charge the registrant a
48
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Uniform Animal Ordinance Proposal- FINAL DRAFT
reasonable fee to cover its administrative costs and the cost of the warning
1
symbol.
2
Subd. 3.Dangerous animal designation review.
3
Beginning six months after an animal is declared dangerous, an owner may
4
request annually that the designating animal control authority review the
5
designation. The owner must provide evidence that the animal 's behavior has
6
changed due to age, neutering, environment, completion of obedience training
7
that includes modification of aggressive behavior, or other factors. If the animal
8
control authority finds sufficient evidence that the animal 's behavior has
9
changed, the authority may rescind the dangerous animal designation.
10
Subd. 4.Law enforcement; exemption.
11
The provisions of this section do not apply to dogs used by law enforcement
12
officials for police work.
13
Subd. 5.Exemption.
14
Animals may not be declared dangerous if the threat, injury, or damage was
15
sustained by a person:
16
(1) who was committing, at the time, a willful trespass or other tort upon the
17
premises occupied by the owner of the animal;
18
(2) who was provoking, tormenting, abusing, or assaulting the animal or who
19
can be shown to have repeatedly, in the past, provoked, tormented, abused, or
20
assaulted the animal; or
21
(3) who was committing or attempting to commit a crime.
22
Subd. 6.Tag.
23
A dangerous animal registered under this section must have a standardized,
24
easily identifiable tag identifying the animal as dangerous and containing the
25
uniform dangerous animal symbol, affixed to the animal 's collar at all times.
26
27
DANGEROUS ANIMALS; REQUIREMENTS
28
29
(a) An owner of a dangerous animal shall keep the animal, while on the
30
owner's property, in a proper enclosure. If the animal is outside the proper
31
enclosure, the animal must be muzzled and restrained by a substantial
32
chain or leash and under the physical restraint of a responsible adult. The
33
muzzle must be made in a manner that will prevent the animal from biting
34
any person or animal but that will not cause injury to the animal or
35
interfere with its vision or respiration.
36
(b) The owner of a dangerous animal must have a microchip implanted in the
37
animal for identification, and the name of the microchip manufacturer and
38
identification number of the microchip must be provided to the animal
39
control authority. If the microchip is not implanted by the owner, it may be
40
implanted by the animal control authority. In either case, all costs related
41
to purchase and implantation of the microchip must be borne by the
42
animal 's owner. It is a misdemeanor to remove a microchip from a
43
dangerous or potentially dangerous animal.
44
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Uniform Animal Ordinance Proposal- FINAL DRAFT
(c) An owner of a dangerous animal must renew the registration of the animal
1
annually until the animal is deceased. If the animal is removed from the
2
jurisdiction, it must be registered as a dangerous animal in its new jurisdiction.
3
(d) An owner of a dangerous animal must notify the animal control authority in
4
writing of the death of the animal or its transfer to a new location where the
5
animal will reside within 30 days of the death or transfer, and must, if requested
6
by the animal control authority, execute an affidavit under oath setting forth either
7
the circumstances of the animal 's death and disposition or the complete name,
8
address, and telephone number of the person to whom the animal has been
9
transferred or the address where the animal has been relocated.
10
(e) An animal control authority shall require a dangerous animal to be sterilized at
11
the owner's expense. If the owner does not have the animal sterilized within 30
12
days, the animal control authority shall seize the animal and have it sterilized at
13
the owner's expense.
14
(f) A person who owns a dangerous animal and who rents property from another
15
where the animal will reside must disclose to the property owner prior to entering
16
the lease agreement and at the time of any lease renewal that the person owns a
17
dangerous animal that will reside at the property.
18
19
Right to hearing. The owner of any animal declared dangerous has the right to a
20
hearing concerning the dangerous dog or dangerous animal declaration and,
21
if applicable, prior potentially dangerous dog or potentially dangerous
22
animal declarations for the animal. The animal owner must make the request in
23
writing, on a form provided by the SLMPD, within 14 days of receiving notice of
24
the declaration. Failure to do so within 14 days of the date of receiving the notice
25
26
27
Any hearing must be held within 14 days of the request to determine the validity
28
of the declaration. The hearing officer must be an impartial person retained by
29
the city or by the SLMPD to conduct the hearing. In the event that the declaration
30
is upheld by the hearing officer, actual expenses of the hearing up to a maximum
31
of $1,000 will be the responsibility of the an
32
issue a decision on the matter within ten days after the hearing. The decision
33
34
soon as practical and a copy must be provided to the animal control authority.
35
36
Requirements during appeals process.
37
38
(a) While awaiting final disposition of an appeal of a dangerous animal
39
declaration, the owner of the animal shall keep the animal, while on the owner's
40
property, in a proper enclosure. If the animal is outside the proper enclosure, it
41
must be muzzled and restrained by a substantial chain or leash and under the
42
physical restraint of a responsible person. The muzzle must be made in a
43
manner that will prevent the animal from biting any person or animal but that will
44
not cause injury to the animal or interfere with its vision or respiration. A person
45
who transfers ownership of a dangerous dog or dangerous animal must
46
notify the new owner that the animal control authority has identified the
47
animal as dangerous. The current owner must also notify the animal control
48
authority in writing of the transfer of ownership and provide the animal
49
Page 14
Uniform Animal Ordinance Proposal- FINAL DRAFT
control authority with the new owner's name, address, and telephone
1
number.
2
3
CONFISCATION
4
5
Subd. 1. Seizure.
6
7
(a) The animal control authority having jurisdiction shall immediately seize
8
any dangerous animal if:
9
10
(1) after 14 days after the owner has notice that the animal is dangerous, the
11
animal is not validly registered under this section; or
12
13
(2) after 14 days after the owner has notice that the animal is dangerous, the
14
owner does not secure the proper liability insurance or surety coverage as
15
required under this section; or
16
17
(3) The animal is not maintained in the proper enclosure; or
18
19
(4) The animal is outside the proper enclosure and not under physical
20
restraint of a responsible person as required in the previous section.
21
22
(5) The animal is not sterilized within 30 days.
23
24
(b) If an owner of an animal is convicted of a crime for which the animal was
25
originally seized, the court may order that the animal be confiscated and may
26
be disposed of in a manner permitted by law, and that the owner pay the
27
costs incurred in confiscating, confining, and destroying the animal.
28
29
Subd. 2. Animals reclaimed. A dangerous animal seized under subdivision 1
30
may be reclaimed by the owner of the animal upon payment of impounding
31
and boarding fees, and presenting proof to the animal control authority that
32
the requirements of the previous section will be met. An animal not reclaimed
33
under this subdivision within seven days may be surrendered to the Animal
34
Humane Society or humanely euthanized and the owner is liable to the
35
animal control authority for costs incurred in confining and disposing of the
36
animal.
37
38
DESTRUCTION OF ANIMALS IN CERTAIN CIRCUMSTANCES
39
40
Subd. 1. Circumstances
41
42
An animal may be destroyed in a proper and humane manner by the animal
43
control authority if the animal:
44
45
(1) Inflicted substantial or great bodily harm on a human on public or private
46
property without provocation; or
47
48
(2) Inflicted multiple bites on a human on public or private property without
49
provocation; or
50
51
(3) Bit multiple human victims on public or private property in the same attack
52
Page 15
Uniform Animal Ordinance Proposal- FINAL DRAFT
without provocation; or
1
2
(4) Bit a human on public or private property without provocation in an attack
3
where more than one animal participated in the attack.
4
5
Subd. 2. Right to hearing.
6
7
The animal control authority may not destroy an animal until the animal owner
8
has had the opportunity for a hearing before an impartial hearing officer
9
designated by the animal control authority. The animal owner must request a
10
hearing within 14 days after the animal control authority provides notice that it
11
intends to destroy the animal.
12
13
PENALTIES
14
15
(a) A person who violates a provision of this ordinance is guilty of a
16
misdemeanor.
17
______ ENFORCEMENT.
18
Citations are issued for certain violations. The animal control officer or police
19
officer is authorized to issue a citation to any person, firm, or entity for any
20
alleged violations of this ordinance and any other ordinances or statutes
21
which provide the basis for prosecution of violations of this ordinance. Nothing
22
within this ordinance shall be construed to limit the authority of animal control
23
officers or police officers to enforce any provisions of this ordinance or related
24
statutes or ordinances.
25
APPENDIX
26
April 24, 2013
Page 16
Uniform Animal Ordinance Proposal- FINAL DRAFT
10B
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Policy on Issuance of Revenue Bonds to Finance Projects within the City’s Service Area
Meeting Date: August 26, 2013
Prepared by: Bruce DeJong, Finance Director
Attachment: Kennedy & Graven Resolution
Policy Consideration: Should Shorewood lend its “Bank Qualification” status for non-profit bonds?
Background: Ridgeview Medical Center in conjuction with two other entities is planning a multifamily
housing development in Chaska to be called The Legends at Hazeltine, LLC. This will finance a portion of
a 125 unit senior living community with independent living units, assisted living units, and memory care
units. In order to finance the project, they need to be able to issue tax-exempt bonds that are bank-
qualified obligations. Because we have not issued in excess of our $10,000,000 limit this year, we still
have bank qualification available. This will allow the issuer to save on interest expense by increasing the
pool of potential lenders to include local banks.
Kennedy & Graven, the city’s regular bond counsel, is bond counsel for this deal. The bonds are limited
obligations of the City payable solely from the revenues pledged by the project. They will not constitute
general obligations of the City and will not be secured by any taxing powers.
We have participated in at least one project of a similar nature for Rolling Acres in Victoria back in 2000-
2001. I am unable to find any policy on when the City will consider participating in these type of
arrangements and want to determine if the City Council would like to establish a policy. If no policy is in
place then we will continue to consider each of these deals on a case-by-case basis.
Financial or Budget Considerations: This process will have no effect on the city’s bond rating and will
not incur any financial liability on the city’s behalf.
Options:
The City Council may choose to:
1.Adopt a policy on the issuance of non-profit revenue bonds.
2.Consider each of these deals on a case-by-case basis.
Recommendation / Action Requested: Staff recommends that the City Council discuss adopting a
policy.
Next Steps and Timelines: Staff has scheduled a public hearing for September 9 on the proposed bond
issue. Kennedy & Graven will have an attorney present at that meeting to discuss the proposal.
Connection to Vision / Mission: This process contributes to the community by helping to provide cost
effective financing for projects that benefit the community.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD, MINNESOTA
NOTICE OF A PUBLIC HEARING WITH RESPECT TO THE ISSUANCE OF
REVENUE OBLIGATIONS TO FINANCE A MULTIFAMILY HOUSING
DEVELOPMENT IN ACCORDANCE WITH THE PROVISIONS OF
MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED; AND APPROVING
A HOUSING PROGRAM FOR THE MULTIFAMILY HOUSING
DEVELOPMENT AND APPROVING A COOPERATION AGREEMENT WITH
THE CITY OF CHASKA
NOTICE IS HEREBY GIVEN that the City Council of the City of Shorewood, a statutory city of
the State of Minnesota (the “City”), will hold a public hearing on Monday, September 9, 2013, on or after
7:00 p.m. at City Hall, 5755 Country Club Road, ExcelsiorShorewood, Minnesota 55331, on a proposal to
issue one or more series of revenue bonds, notes or obligations of the City (the “Bonds”) under Minnesota
Statutes, Chapter 462C, as amended (the “Housing Act”), to finance a multifamily housing development
to be located in the City of Chaska. The proceeds of the Bonds are proposed to be loaned by the City to
The Legends at Hazeltine, LLC, a Delaware limited liability company (the “Borrower”), the members of
which are Ridgeview Medical Center, a Minnesota nonprofit corporation, and Intergenerational Living &
Health Care, Inc., a Minnesota nonprofit corporation. The proceeds of the loan are proposed to be applied
to finance a portion of the following: (i) the acquisition, construction and equipping of an approximately
125-unit progressive senior living community comprised of approximately 35 independent-living units,
approximately 67 assisted-living units, and approximately 23 memory-care units, to be located in the City
of Chaska (the “Project”); (ii) the funding of one or more reserve funds to secure the timely payment of
the Bonds; (iii) the payment of the interest on the Bonds; and (iv) the payment of the costs of issuing the
Bonds. The Project will be owned and operated by the Borrower. The Project will be located on an
approximately 6.71-acre parcel in the City of Chaska bounded on the west by Highway 41, on the south
by Hazeltine Boulevard, on the north by the City of Chaska golf course, and on the east by Hazeltine
Gates office building (1107 Hazeltine Boulevard).
Following the public hearing, the City Council will consider the adoption of a resolution:
(i) approving a Housing Program with respect to the Project prepared in accordance with the requirements
of the Housing Act, (ii) approving a Cooperation Agreement between the City, the City of Chaska, the
City of Chanhassen, and the City of Greenwood pursuant to which the City of Chaska will authorize the
City to issue the Bonds, and the cities of Chanhassen and Greenwood to issue revenue bonds, notes or
obligations to finance the Project; and (iii) granting preliminary or final approval to the issuance of the
Bonds. The Bonds are proposed to be issued in an aggregate principal amount not to exceed $5,000,000.
The combined original aggregate principal amount of the Bonds and the revenue obligations to be issued
by the cities of Chanhassen and Greenwood is approximately $25,000,000. The Bonds will be issued by
the City and will constitute limited obligations of the City payable solely from the revenues expressly
pledged to the payment thereof, and will not constitute general obligations of the City and will not be
secured by any taxing powers of the City nor any assets or property of the City except the interests of the
City in the Project that may be granted to the City in conjunction with this financing.
A copy of the Housing Program has been submitted to the Metropolitan Council as required by
the terms of the Housing Act and is on file in the offices of the City Administrator.
Anyone desiring to be heard during this public hearing will be afforded an opportunity to do so.
Written comments will be considered if submitted to the attention of the City Administrator on or before
the date of the public hearing.
Dated: [Date of Publication]
BY ORDER OF THE CITY OF SHOREWOOD
Offices in
• Minneapolis
e
Saint Paul.
` St. Cloud
C H A R T E R >E D
Monday, August 26, 2013
470 U.S. Bank Plaer
200 South Sixth Street
Minneapolis, . MN 55402
(612) 337 -9300 telephone.
(612) 337 -9310 Paz
w .kennedy- gravenxom
Affirmative Aaiun, Equal Opportunity Employer
Noel Graczyk
City Administrative Services Director
City of Chaska
1 City Hall Plaza
Chaska, Minnesota 55318
Greg Sticha, Finance Director
City of Chanhassen
7700 Market Boulevard
Chanhassen; Minnesota 55317
Mayor Deb Kind Bruce Defong
City of Greenwood Finance Director
20225 Cottagewood Road City of Shorewood
Excelsior, Minnesota 55331 -6700 5755 Country Club Road
Excelsior, Minnesota 55331 -8926
Res Conduit Bond Financing for The Legends at Hazeltine Senior Living Community
Kennedy & Graven, Chartered has prepared this memorandum in our capacity as bond
counsel with respect to the proposed conduit bond financing for The Legends at Hazeltine, an
approximately 126 -unit progressive senior living community (the "Project ") to be located in the
City of Chaska ( "Cbaska "). This memorandum summarizes the proposed financing and the
reasons that a request is being made that the City of Chanhassen ( "Chanhassen "), the City of
Greenwood ( "Greenwood "), and the City of Shorewood ( "Shorewood) issue the proposed conduit
revenue bonds for the Project.
Project Information
The Legends at Hazeltine, LLC, a Delaware nonprofit limited liability company (the
"Company "), was formed on May 1, 2013, to own and operate the Project. The sole members of
the Company are Ridgeview Medical Center, a Minnesota nonprofit corporation ( "RMC "), and
Intergenerationat Living & Health Care, Inc., a Minnesota nonprofit corporation ( "IL14C "). RMC
and ILHC are each fifty- percent members of the Company.. The Project will be owned and
operated by the Company and the Company will maintain its offices at the Project.
The Project will include approximately thirty-six (36) independent - living units,
approximately sixty-seven (67) assisted- living units, and approximately twenty -three (23)
memory -care units, with future plans for an outpatient rehabilitation center and sub -acute
transitional care on -site. The Project will contain approximately 152,000 square feet of space on
four floors and will be managed by The Goodman Group. The total cost of the Project will be
approximately $33,000,000. The Project is proposed to be financed with up to approximately
$25,000,000 of tax - exempt debt and approximately $8,000,000 of equity.
Ridgeview is a Minnesota nonprofit corporation that is exempt from federal income
taxation pursuant to Section 501(a) of the Internal Revenue Code of 1986, as amended (the
"Code "), as a result of the application of Section 501(c)(3) of the Code. Ridgeview,
headquartered in the City of Waconia, is a regional healthcare network servicing five surrounding
counties with a reputation for clinical excellence. One of the largest employers in Carver County,
with 1500 employees and 485 volunteers; Ridgeview is ranked among the top five percent of
hospitals in the United States and in 2012 won the "HealthGrades Outstanding Patient Experience
Award?M "'
1LHC is a Minnesota nonprofit corporation that is exempt from federal income taxation
pursuant to Section 501(a) of the Code as a result of the application of Section 501(c)(3) of the
Code. The mission of ILHC is to create life- enriching communities by embracing all generations
through innovative services and programs. ILHC currently operates five communities in four
states. The communities of ILHC are recent recipients of the "National Bronze — Commitment to
Quality Award" presented by the American Health Care Association and National Center for
Assisted Living. In addition, The Commons on Marice in the City of Eagan, was a recipient of
the "2011 Excellence in Assisted Living Award" presented by Care Providers of Minnesota.
The Goodman Group, headquartered in Chaska, has nearly fifty years of experience in
developing and managing senior living communities, healthcare centers, residential communities,
and commercial properties. The Goodman Group operates in ten states.
The Project will be developed on land located adjacent to the corporate headquarters of
The Goodman Group. The street address is expected to be 1105 Hazeltine Boulevard in the City
of Chaska. The Project site is also adjacent to the Hazeltine National Golf Club; a golf course
that has hosted PGA events, and in close proximity to Rdgeview Chaska Clinic, and near the
University of Minnesota Arboretum,
Authority to Issue Conduit Revenue Bonds
Every city of the State of Minnesota is authorized by Minnesota Statutes, Chapter 462C;
as amended (the "Housing Act "), to issue and sell revenue obligations to finance multifamily
housing developments. In a typical financing for a rental housing development for seniors, the
proceeds derived from the sale of the revenue obligations are loaned to an organization exempt
from federal income taxation pursuant to Section 501(a) of the Code as a result of the application
of Section 501(c)(3) of the Code (a "501(c)(3) Organization') or, as in the case of the Company,
an entity formed by such 501(c)(3) Organizations. The revenue obligations proposed to be issued
to finance a portion of the costs of the Project are to be payable solely from the loan repayments
to be made by the Company and from other security that may be pledged to payment of the
revenue obligations by the Company.
With respect to the assisted- living units and memory-care units of the Project, the
provisions of Section 462C.05, subdivision 7, of the Housing Act state:
A development, may consist of a combination of a multifamily housing
development and a new or existing health care facility, as defined by [Minnesota
Statutes,] section 469.153, if the following conditions are satisfied:
(a) the multifamily housing development is designed and intended to be
used for rental occupancy;
(b) the multifamily housing development is designed and intended to be
used primarily by elderly or physically disabled persons; and
-2-
(c) nursing, medical, personal care, and other health- related assisted
living services are available on a 24 -hour basis in the development to the
residents.
The Project will satisfy the requirements referenced above and is, therefore, eligible for financing
under the terms of the Housing Act.
Any obligations issued under the terms of the Housing Act are not general or moral
obligations of the issuing city and cannot be secured by a pledge of the taxing powers of such
issuer or a pledge of any property or assets of the issuer other than the interests of issuer in the
loan agreement entered into with the Company.
A city may issue conduit revenue obligations under the Housing Act to finance a facility
located in another city pursuant to the provisions of Minnesota Statutes, Section 471.59, as
amended, which states in relevant part that:
Subdivision 1. Agreement. Two or more governmental units, by
agreement entered into through action of their governing bodies, may jointly or
cooperatively exercise any power common to the contracting parties or any
similar powers, including those which are the same except for the territorial
limits within which they may be exercised. The agreement may provide for the
exercise of such powers by one or more of the participating governmental units
on behalf of the other participating units. The term "governmental unit" as used
in this section includes every city ... .
A cooperation agreement entered into by Chaska, Chanhassen, Greenwood, and Shorewood
would also satisfy the limitations imposed by Minnesota Statutes, Section 471.656, as amended,
which states in relevant parts
Subdivision: 1. General rule. Notwithstanding any law to the contrary,
neither a municipality nor an authority may issue obligations to finance the
acquisition or improvement of real property located outside of the corporate
boundaries of the issuer.
Subd. 2. Exemptions. Subdivision 1 does not apply if;
(2) for properly or two or more properties constituting a single project
located in a city, the governing body of the city consents, by resolution, to
issuance of the obligations; or
(4) the obligations are issued under a joint powers agreement, whether
issued by a joint powers board or by one or more of the parties to the joint
powers agreement, and the property is located entirely within the boundaries of
one or more of the parties to the joint powers agreement.
In summary, Chanhassen, Greenwood, and Shorewood are authorized by the provisions of the
Housing Act to issue conduit revenue obligations to finance a multifamily housing facility for
seniors, such as the Project, and are further authorized by the provisions of Minnesota Statutes,
Section 471.59, as amended, and Minnesota Statutes, Section 471 „656, as amended, to issue such
-3-
obligations for such a facility located in Chaska if all four cities enter into a cooperation
agreement under the terms of which Chanhassen, Greenwood, and Shorewood are authorized to
issue such conduit revenue obligations.
Under the terms of Sections 103(b)(1), 141(e)(1)(A), 142(a)(7), and 145 of the Internal
Revenue Code of 1986, as amended (the "Code "), the interest on obligations issued to finance
facilities to be owned by an entity such as the Company will be exempt from federal income
taxation if the requirements of such provisions of the Code and applicable Treasury Regulations
promulgated thereunder are satisfied. The conduit revenue obligations proposed to be issued by
Chanhassen, Greenwood, and Shorewood to finance the Project are expected to be issued as tax-
exempt obligations that constitute "qualified 501(c)(3) bonds" for purposes of Section 145 of the
Code. Interest on such bonds will not be includable in gross income for federal income tax
purposes and, to the same extent, will not be includable in the net taxable income of individuals,
estates, and trusts for State of Minnesota income tax purposes.
Bank-Qualified Bonds
The reason for the request that Chanhassen, Greenwood, and Shorewood issue conduit
revenue obligations to finance the Project is based on the fact that Chaska is proposing to issue
general obligation bonds in calendar year 2013 that it wishes to designate as "bank- qualified
bonds" under the provisions of Section 265(b)(3)(B) of the Code. If Chaska issued tax- exempt
conduit revenue bonds in 2013 to finance the Project; Chaska would not be able to designate its
general obligation bonds as bank - qualified bonds.
Under the provisions of Section 265(6)(2) and (3)(A) of the Code, a financial institution
is denied a deduction of the portion of its interest expense which is allocable to tax- exempt
interest: These provisions of the Code generally preclude banks and other financial institutions
from acquiring tax - exempt bonds. In order to give small issuers of tax- exempt bonds access to
banks and other financial institutions as purchasers of its tax- exempt obligations, an exception
was made under the provisions of Section 265 of the Code for certain bonds issued by "qualified
small issuers" and designated by each such issuer as "qualified tax - exempt obligations" (more
commonly known as "bank - qualified bonds "). A "qualified small issuer" is any issuer if the
reasonably anticipated amount of tax- exempt obligations which will be issued by such issuer
during a calendar year does not exceed $10,000,000. In determining the amount of tax- exempt
bonds reasonably anticipated to be issued in a calendar year, the issuer must include its tax -
exempt general obligation bonds and its tax - exempt qualified 501(c)(3) bonds, Chaska is
proposing to issue approximately $5,000,000 of general obligation bonds in calendar year 2013.
If Chaska issued qualified 501(c)(3) bonds for the Project in the amount of $25,000,000 it would
exceed the $10,000,000 limit for calendar year 2013 and Chaska could not designate its general
obligation bonds as bank - qualified bonds. (Because the potential purchasers of bank - qualified
bonds is broader than those for bonds not designated as bank - qualified bonds, the interest rates on
bank - qualified bonds are often lower than the interest rates on bonds that are not designated as
bank - qualified bonds.)
The Company initially proposed to have the City of Independence ( "Independence")
issue the tax - exempt obligations as a single issue in the amount of up to $25,000,000.
Independence has no plans to issue any general obligation bonds in calendar year 2013, so the
issuance of the obligations for the Project would not have any adverse impact on Independence.
Unfortunately, just before the Independence obligations were offered for sale, the public market
for tax - exempt obligations experienced a substantial increase in interest rates and a severe
-4-
.. . 'a
reduction in the demand for such obligations. The Company discovered that the Independence
obligations could only be sold under terms that rendered the Project financially infeasible.
In contrast to the public market for tax - exempt obligations, banks continue to have an
interest in tax - exempt obligations and are willing to purchase such obligations under terms that
are feasible for the Project. As a result, the Company has proposed to alter the financing for the
Project through the sale of tax- exempt obligations to a bank. The Company has obtained a
commitment from Bell State Bank & Trust (the "Bank ") to purchase tax - exempt obligations to
finance the Project. In contrast to the prior proposed public financing, the tax - exempt obligations
to be purchased by the Bank must be bank - qualified bonds.. Since no single issuer' may issue
more than $10,000,000 of bank - qualified bonds in a single calendar year, it has been necessary to
find three issuers who have the capacity to issue bank- qualified bonds in calendar year 2013 in
the amounts needed to finance the Project. Due to limitations imposed by the Code on the
issuance of bank- qualified bonds, if the project to be financed with conduit revenue obligations to
be sold as bank- qualified bonds is not located in the jurisdiction of the issuer of such obligations,
it is necessary for the issuer of the bank - qualified bonds to be located within the market area for
the project to be financed with such obligations. Chanhassen; Greenwood; and Shorewood are all
located within the market area of the Project. (Independence is not located in the market area of
the Project.)
Chanhassen has indicated that it has no plans to issue any general obligation bonds in
calendar year 2013. As a result, Chanhassen may issue up to $10,000,000 of bank - qualified
bonds this year to finance a portion of the Project. Greenwood has also indicated that it has no
plans to issue any general obligation bonds in calendar year 2013. As a result, Greenwood may
also issue up to $10,000,000 of bank-qualified bonds this year to finance a portion of the Project.
Shorewood has issued approximately $3,300,000 of general obligation bonds as bank - qualified
bonds in 2013 but has no plans to issue any additional general obligation bonds this year. As a
result, Shorewood may issue up to $8,700,000 of bank- qualified bonds this year to finance a
portion of the Project.
The Company is requesting that the City Council of Chanhassen authorize the issuance of
$10,000,000 of tax- exempt, bank- qualified bonds to assist in the financing of the Project. The
obligations will be designated as a Senior Housing Revenue Note (The Legends at Hazeltine
Senior Housing Project), Series 2013A (the "Chanhassen Note ") and will be purchased by the
Bank under the terms of its commitment as incorporated into the terms of the Chanhassen Note
and related documents.
The Company is requesting that the City Council of Greenwood also authorize the
issuance of $10,000,000 of tax- exempt, bank- qualified bonds to assist in the financing of the
Project. The obligations will be designated as a Senior Housing Revenue Note (The Legends at
Hazeltine Senior Housing Project), Series 2013B (the "Greenwood Note ") and will be purchased
by the Bank under the terms of its commitment as incorporated into the terms of the Greenwood
Note and related documents.
Finally, the Company is requesting that the City Council of Shorewood also authorize the
issuance of up to $5,000,000 of tax- exempt, bank- qualified bonds to assist in the financing of the
Project. The obligations will be designated as a Senior Housing Revenue Note (The Legends at
Hazeltine Senior Housing Project), Series 2013C (the "Shorewood Note ") and will be purchased
by the Bank under the terms of its commitment as incorporated into the terms of the Shorewood
Note and related documents.
-5-
Please contact me at your convenience if you have any questions with respect to the
foregoing or require any additional information regarding the Project or the proposed financing.
DUI 11-180 (N)
419374x:3
T
John Utley
0
10C
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Adoption of the Preliminary 2014 General Fund Operating Budget and Tax Levy
Meeting Date: August 26, 2013
Prepared by: Bruce DeJong, Finance Director
Reviewed by: Bill Joynes, City Administrator
Attachment: Resolution
Policy Consideration:
Adoption of this resolution will allow Shorewood to certify the preliminary levy to Hennepin County for
inclusion on the Truth-in-Taxation property tax notices
Background:
By statute, the City Council must approve a proposed budget and property tax levy by September 15.
The 2014 General Fund Budget has been prepared in accordance with council recommendations from
the August 12 Council meeting with a 3% total levy increase. The budget for revenues and expenditures
may change up or down through December. However, the levy amount set at this point is a cap which
cannot be increased when final adoption of the budget and levy occur in December.
Financial or Budget Considerations:
The adoption of this resolution does not commit the City Council to any specific budget levels other than
the maximum amount of property tax revenue that may be levied.
Options:
The City Council may choose to:
1.Adopt the preliminary budget and levy as presented.
2.Make any additional changes desired and adopt the amended budget and levy
Recommendation / Action Requested:
Staff recommends that the City Council adopt the resolution as submitted by staff.
Next Steps and Timelines:
th
Staff will present the Capital Improvement Plan and Enterprise fund budgets beginning on October 8as
anticipated on the adopted budget schedule. The final budget, tax levy, capital outlay, enterprise
budgets, and CIP adoption will occur in December after the Truth-in-Taxation public hearing is
completed.
Connection to Vision / Mission:
This process contributes to sound financial management by providing financial resources to pay for
desired city services.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
GENERAL FUND BUDGET SUMMARY
YTDDept
ActualActualActualBudgetJuneRequestPercentDollar
201020112012201320132014ChangeChange
REVENUES
TAXES 4,717,204 4,787,194 4,783,939 4,763,319 1,693,100 4,832,8291.5% 69,510
LICENSES & PERMITS 154,112 174,119 175,086 124,200 81,498 132,7706.9% 8,570
INTERGOVERNMENTAL 69,133 70,592 76,102 70,401 35,239 96,251 36.7% 25,850
CHARGES FOR SERVICES 41,882 33,851 64,825 35,150 11,283 41,700 18.6% 6,550
FINES & FORFEITURES 55,806 48,720 66,230 57,000 19,612 57,000 0.0% -
MISCELLANEOUS REVENUE 86,905 77,755 141,013 213,900 148,854 232,9008.9% 19,000
TRANSFERS 33,465 40,000 330 - - 25,000 25,000
TOTAL REVENUES 5,158,507 5,232,231 5,307,525 5,263,970 1,989,586 5,418,450 2.9% 154,480
5,306,395
EXPENDITURES
1,130
CITY COUNCIL
Personnel 16,794 16,794 16,794 16,800 8,397 16,800 0.0% -
Materials and Supplies 1,175 684 887 2,000 270 1,200-40.0% (800)
Support Services and Charges 45,776 76,063 80,309 72,450 31,022 140,36593.7% 67,915
Transfers - 1,379 13,600 47,700 - 60,000 25.8% 12,300
Total City Council 63,745 94,920 111,590 138,950 39,689 218,36557.2% 79,415
Administration
Personnel 399,294 427,106 373,915 359,671 121,802 250,323-30.4% (109,348)
Materials and Supplies 17,634 16,524 17,906 18,450 5,960 19,300 4.6% 850
Support Services and Charges 35,881 41,855 82,008 42,175 60,612 147,290249.2% 105,115
Capital 2,844 - 370 - - - -
Total City Administration 455,653 485,485 474,199 420,296 188,374 416,913-0.8% (3,383)
FINANCE
Personnel 147,242 163,794 120,556 132,929 65,438 134,7581.4% 1,829
Materials and Supplies 7,576 7,785 8,042 8,400 8,188 9,0507.7% 650
Support Services and Charges 7,222 13,822 11,686 11,600 7,514 16,000 37.9% 4,400
Capital - - - - 322 - -
Total Finance 162,040 185,401 140,284 152,929 81,462 159,8084.5% 6,879
PROFESSIONAL SERVICES
Support Services and Charges 178,604 188,963 190,592 202,990 111,343 211,0604.0% 8,070
Total Professional Services 178,604 188,963 190,592 202,990 111,343 211,0604.0% 8,070
PLANNING
Personnel 175,553 168,156 181,382 170,666 83,568 173,1571.5% 2,491
Materials and Supplies 149 261 137 650 242 250-61.5% (400)
Support Services and Charges 6,882 8,079 7,691 7,400 3,378 11,900 60.8% 4,500
Capital - - - 200 - --100.0% (200)
Total Planning 182,584 176,496 189,210 178,916 87,188 185,3073.6% 6,391
MUNICIPAL BUILDINGS
Materials and Supplies 51,244 50,002 40,799 22,130 14,841 21,400 -3.3% (730)
Support Services and Charges 54,496 126,794 149,878 164,800 126,990 165,8000.6% 1,000
Capital 15,713 1,534 2,441 - - - -
Bond Payments 2,959 - - - - - -
Transfers 160,368 103,950 102,200 100,450 - 103,9503.5% 3,500
Total Municipal Buildings 284,780 282,280 295,318 287,380 141,831 291,1501.3% 3,770
POLICE
Materials and Supplies 1,367 - 1,328 - - - -
Support Services and Charges 949,337 996,771 991,383 1,015,077 509,023 1,045,0563.0% 29,979
Capital 228,068 230,068 225,132 235,437 113,882 229,763-2.4% (5,674)
Total Police 1,178,772 1,226,839 1,217,843 1,250,514 622,905 1,274,819 1.9% 24,305
FIRE
Support Services and Charges 322,535 337,131 331,987 349,582 172,864 344,940-1.3% (4,642)
Capital 272,629 270,697 277,906 287,643 143,828 282,271-1.9% (5,372)
Total Fire 595,164 607,828 609,893 637,225 316,692 627,211-1.6% (10,014)
YTDDept
ActualActualActualBudgetJuneRequestPercentDollar
201020112012201320132014ChangeChange
PROTECTIVE INSPECTIONS
Personnel 115,081 122,171 114,396 120,588 57,740 121,3230.6% 735
Materials and Supplies 28 154 242 200 - 2000.0% -
Support Services and Charges 4,575 4,438 5,813 5,300 2,073 5,3000.0% -
Total Protective Inspections 119,684 126,763 120,451 126,088 59,813 126,8230.6% 735
CITY ENGINEER
Personnel 94,497 96,219 84,615 92,549 460 --100.0% (92,549)
Materials and Supplies 152 495 144 200 - --100.0% (200)
Support Services and Charges 8,937 13,550 21,688 11,220 34,914 87,900 683.4% 76,680
Capital 538 1,057 - - - - -
Total City Engineer 104,124 111,321 106,447 103,969 35,374 87,900-15.5% (16,069)
PUBLIC WORKS SERVICES
Personnel 405,101 389,918 417,330 428,775 206,048 439,5872.5% 10,812
Materials and Supplies 144,931 159,047 120,684 171,300 65,502 167,200-2.4% (4,100)
Support Services and Charges 117,944 139,759 121,758 138,550 53,335 141,6002.2% 3,050
Capital - - - 1,200 - 2,500108.3% 1,300
Transfers 800,000 750,000 750,000 772,500 - 800,0003.6% 27,500
Total Public Works Services 1,467,976 1,438,724 1,409,772 1,512,325 324,885 1,550,887 2.5% 38,562
SNOW AND ICE CONTROL
Personnel 55,052 37,959 27,502 56,662 34,699 58,339 3.0% 1,677
Materials and Supplies 32,451 29,462 29,509 45,000 21,369 45,000 0.0% -
Total Snow and Ice Control 87,503 67,421 57,011 101,662 56,068 103,3391.6% 1,677
PARKS MAINTENANCE
Personnel 153,637 152,118 101,395 103,358 34,522 109,4735.9% 6,115
Materials and Supplies 14,237 17,394 17,095 19,300 9,126 20,300 5.2% 1,000
Support Services and Charges 96,057 87,090 32,807 30,910 12,928 34,600 11.9% 3,690
Total Parks Maintenance 263,931 256,602 151,297 153,568 56,576 164,3737.0% 10,805
RECREATION
Personnel - - 37,627 36,360 31,969 36,743 1.1% 383
Materials and Supplies - - 1,171 1,500 3,323 5,800286.7% 4,300
Support Services and Charges - - 15,446 20,145 10,412 18,800 -6.7% (1,345)
Transfers 42,000 42,000 42,000 42,000 - 42,000 0.0% -
Total Recreation 42,000 42,000 96,244 100,005 45,704 103,3433.3% 3,338
GENERAL FUND TOTAL EXPENDITURES 5,186,560 5,291,043 5,170,151 5,366,818 2,167,903 5,521,2982.9% 154,480
REVENUE OVER/(UNDER) EXPENDITURES (28,054) (58,812) 137,374 (102,848) (178,317) (102,848)0.0% (0)
Property Tax Levy Analysis
8/26/2013
2013 Certified Levy 4,763,319
3% Maximum Levy Increase*1.03
2014 Levy Limit4,906,218
Levy Limit Dollar Increase142,899
Amount used to balance General Fund budget(69,510)1.46%
Remaining Levy Authority73,3891.54%
Any amount of the remaining levy authority could be used to help fund high priority projects that will
run into deficit. Examples include the Park Improvement Fund , the Equipment Replacement Fund,
and the Trail Construction Fund which are projected to be out of money by the end of 2014 or 2015.
GENERAL FUND BUDGET SUMMARY
REVENUES
TAXES
LICENSES & PERMITS
INTERGOVERNMENTAL
CHARGES FOR SERVICES
FINES & FORFEITURES
MISCELLANEOUS REVENUE
TRANSFERS
TOTAL REVENUES
EXPENDITURES
CITY COUNCIL
Personnel
Materials and Supplies
Support Services and Charges
Transfers
Total City Council
Administration
Personnel
Materials and Supplies
Support Services and Charges
Capital
Total City Administration
FINANCE
Personnel
Materials and Supplies
Support Services and Charges
Capital
Total Finance
PROFESSIONAL SERVICES
Support Services and Charges
Total Professional Services
PLANNING
Personnel
Materials and Supplies
Support Services and Charges
Capital
Total Planning
MUNICIPAL BUILDINGS
Materials and Supplies
Support Services and Charges
Capital
Bond Payments
Transfers
Total Municipal Buildings
POLICE
Materials and Supplies
Support Services and Charges
Capital
Total Police
FIRE
Support Services and Charges
Capital
Total Fire
178,604 188,963 190,592 202,990 111,343 211,060 4.0% 8,070
178,604 188,963 190,592 202,990 111,343 211,060 4.0% 8,070
175,553
168,156
181,382
170,666
YTD
Dept
1.5%
2,491
Actual
Actual
Actual
Budget
June
Request
Percent
Dollar
2010
2011
2012
2013
2013
2014
Change
Change
-
-
-
200
-
-
- 100.0%
(200)
4,717,204
4,787,194
4,783,939
4,763,319
1,693,100
4,906,218
3.0%
142,899
154,112
174,119
175,086
124,200
81,498
132,770
6.9%
8,570
69,133
70,592
76,102
70,401
35,239
96,251
36.7%
25,850
41,882
33,851
64,825
35,150
11,283
41,700
18.6%
6,550
55,806
48,720
66,230
57,000
19,612
57,000
0.0%
-
86,905
77,755
141,013
213,900
148,854
232,900
8.9%
19,000
33,465
40,000
330
-
141,831
25,000
1.3%
25,000
5,158,507
5,232,231
5,307,525
5,263,970
1,989,586
5,491,839
4.3%
227,869
949,337
996,771
5,306,395
1,015,077
509,023
1,045,056
3.0%
29,979
228,068
230,068
1,130
235,437
113,882
229,763
-2.4%
(5,674)
16,794
16,794
16,794
16,800
8,397
16,800
0.0%
-
1,175
684
887
2,000
270
1,200
-40.0%
(800)
45,776
76,063
80,309
72,450
31,022
140,365
93.7%
67,915
-
1,379
13,600
47,700
-
133,389
179.6%
85,689
63,745
94,920
111,590
138,950
39,689
291,754
110.0%
152,804
399,294
427,106
373,915
359,671
121,802
250,323
-30.4%
(109,348)
17,634
16,524
17,906
18,450
5,960
1.9,300
4.6%
850
35,881
41,855
82,008
42,175
60,612
147,290
249.2%
105,115
2,844
-
370
-
-
-
455,653
485,485
474,199
420,296
188,374
416,913
-0.8%
(3,383)
147,242
163,794
120,556
132,929
65,438
134,758
1.4%
1,829
7,576
.7,785
8,042
8,400
8,188
9,050
7.7%
650
7,222
13,822
11,686
11,600
7,514
16,000
37.9%
4,400
-
-
-
-
322
-
-
162,040
185,401
140,284
152,929
81,462
159,808
4.5%
6,879
178,604 188,963 190,592 202,990 111,343 211,060 4.0% 8,070
178,604 188,963 190,592 202,990 111,343 211,060 4.0% 8,070
175,553
168,156
181,382
170,666
83,568
173,157
1.5%
2,491
149
261
137
650
242
250
-61.5%
(400)
6,882
8,079
7,691
7,400
3,378
11,900
60.8%
4,500
-
-
-
200
-
-
- 100.0%
(200)
182,584
176,496
189,210
178,916
87,188
185,307
3.6%
6,391
51,244
50,002
40,799
22,130
14,841
21,400
-3.3%
(730)
54,496
126,794
149,878
164,800
126,990
165,800
0.6%
1,000
15,713
1,534
2,441
-
-
-
-
2,959
-
-
-
-
-
-
160,368
103,950
102,200
100,450
-
103,950
3.5%
3,500
284,780
282,280
295,318
287,380
141,831
291,150
1.3%
3,770
1,367
-
1,328
-
-
-
-
949,337
996,771
991,383
1,015,077
509,023
1,045,056
3.0%
29,979
228,068
230,068
225,132
235,437
113,882
229,763
-2.4%
(5,674)
1,178,772
1,226,839
1,217,843
1,250,514
622,905
1,274,819
1.9%
24,305
322,535
337,131
331,987
349,582
172,864
344,940
-1.3%
(4,642)
272,629
270,697
277,906
287,643
143,828
282,271
-1.9%
(5,372)
595,164
607,828
609,893
637,225
316,692
627,211
-1.6%
(10,014)
Poe, 5 f
PROTECTIVE INSPECTIONS
Personnel
Materials and Supplies
Support Services and Charges
Total Protective Inspections
CITY ENGINEER
Personnel
Materials and Supplies
Support Services and Charges
Capital
Total City Engineer
PUBLIC WORKS SERVICES
Personnel
Materials and Supplies
Support Services and Charges
Capital
Transfers
Total Public Works Services
SNOW AND ICE CONTROL
Personnel
Materials and Supplies
Total Snow and Ice Control
PARKS MAINTENANCE
Personnel
Materials and Supplies
Support Services and Charges
Total Parks Maintenance
RECREATION
Personnel
Materials and Supplies
Support Services and Charges
Transfers
Total Recreation
YTD Dept
Actual Actual Actual Budget June Request Percent Dollar
2010 2011 2012 2013 2013 2014 Change Change
115,081
122,171
114,396
120,588
57,740 121,323
0.6% 735
28
154
242
200
- 200
0.0% -
4,575
4,438
5,813
5,300
2,073 5,300
0.0% -
119,684
126,763
120,451
126,088
59,813 126,823
0.6% 735
94,497 96,219
152 495
8,937 13,550
538 1,057
104,124 111,321
84,615 92,549
144 200
21,688 11,220
460
34,914 87,900
106,447 103,969 35,374 87,900
- 100.0% (92,549)
- 100.091. (200)
683.4% 76,680
-15.5% (16,069)
405,101
389,918
417,330
428,775
206,048
439,587
2.5%
10,812
144,931
159,047
120,684
171,300
65,502
167,200
-2.4%
(4,100)
117,944
139,759
121,758
138,550
53,335
141,600
2.2%
3,050
-
-
-
1,200
-
2,500
108.3%
1,300
800,000
750,000
750,000
772,500
-
800,000
3.6%
27,500
1,467,976
1,438,724
1,409,772
1,512,325
324,885
1,550,887
2.5%
38,562
55,052
37,959
27,502
56,662
34,699
58,339
3.0%
1,677
32,451
29,462
29,509
45,000
21,369
45,000
0.0%
-
87,503
67,421
57,011
101,662
56,068
103,339
1.6%
1,677
153,637
152,118
101,395
103,358
34,522
109,473
5.9%
6,115
14,237
17,394
17,095
19,300
9,126
20,300
5.25/a
1,000
96,057
87,090
32,807
30,910
12,928
34,600
11.9%
3,690
263,931
256,602
151,297
153,568
56,576
164,373
7.0%
10,805
-
-
37,627
36,360
31,969
36,743
1.1%
383
-
-
1,171
1,500
3,323
5,800
286.7%
4,300
-
-
15,446
20,145
10,412
18,800
-6.7%
(1,345)
42,000
42,000
42,000
42,000
42,000
0.0%
42,000
42,000
96,244
100,005
45,704
103,343
3.3%
3,338
GENERAL FUND TOTAL EXPENDITURES 5,186,560 5,191,043 5,170,151 5,366,818 2,167,903 5,594,687
REVENUE OVER /(UNDER) EXPENDITURES (28,054) (58,812) 137,374 (102,848) (178,317) (102,848)
(Planned Use of Fund Balance)
I atl, _
4.2% 227,869
0.0% (0)
CITY OF SHOREWOOD
RESOLUTION NO. 13-____
ADOPTING THE PRELIMINARY 2014 GENERAL FUND
OPERATING BUDGET AND TAX LEVY
WHEREAS
, City staff have presented the preliminary 2014 budget and tax levy at work
sessions in July and August; and
WHEREAS
, the City Council has reviewed the budget and tax levy and made
modifications to each that reflect desired community service levels; and
WHEREAS
, the City Council is required to approve and certify the proposed 2014
preliminary levy to the Hennepin County Auditor by September 15;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHOREWOOD AS FOLLOWS:
1.The 2014 Preliminary General Fund Budget is hereby set at $5,521,298.
2.$4,906,218 is to be levied for 2013 ad valorem property taxes, collectible in 2014
upon all taxable property in the City of Shorewood.
3. The Finance Director is hereby instructed to transmit a certified copy of this
resolution to the County Auditor of Hennepin County, Minnesota.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 26th day of
August, 2013.
ATTEST: Scott Zerby, Mayor
____________________________________
Jean Panchyshyn, City Clerk
10D
MEETING TYPE
Regular Meeting
City of Shorewood Council Meeting Item
Title / Subject: Selection of the Truth-in-Taxation Hearing Date
Meeting Date: August 26, 2013
Prepared by: Bruce DeJong, Finance Director
Reviewed by: Bill Joynes, City Administrator
Attachment: Resolution
Policy Consideration: Adoption of this resolution will allow Shorewood to certify the Truth-in-Taxation
public hearing date to Hennepin County for inclusion on the Truth-in-Taxation property tax notices.
Background: The Truth-in-Taxation process to be followed this year is similar to years past. The
traditional date for cities to hold their Truth-in-Taxation hearing is the first Monday in December. The
attached resolution sets Monday, December 2, 2013 as the Truth-In-Taxation hearing date with a follow-
up hearing date at the next regular City Council meeting of December 9, 2013. Staff recommends
adoption of the resolution setting these dates for the truth-in-taxation hearings. If there are no changes
recommended for the budget, it can be adopted on December 2nd and a memo and resolution will be
included in the packet for adoption on the hearing date. The meeting and adoption can be delayed to
th
the next meeting on December 9 if there are questions or changes required to the budget prior to
adoption.
Financial or Budget Considerations: This process allows residents an opportunity to provide input on
the budget and property tax levy.
Options:
The City Council may choose to:
1.Adopt the resolution and dates as presented.
2.Change the date and adopt the amended resolution.
Recommendation / Action Requested: Staff recommends that the City Council adopt the resolution as
submitted.
Next Steps and Timelines: Staff will present the Capital Improvement Plan and Enterprise fund budgets
th
beginning on October 14. The final budget, tax levy, capital outlay, enterprise fund, and CIP adoption
will occur in December after the Truth-in-Taxation public hearing is completed.
Connection to Vision / Mission: This process contributes to sound financial management through public
input into the tax levy and budget for desired city services.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD
RESOLUTION NO. 13-______
SELECTION OF THE TRUTH-IN-TAXATION HEARING DATE
WHEREAS
, Minnesota State law requires local governments to hold public hearings on
their proposed budgets and property tax levies; and
WHEREAS
, the customary date for the budget hearing is the first Monday in December;
and
WHEREAS
, it is in the spirit of full and open disclosure of the City’s financial condition to
provide as much information as necessary for the City Council and residents and property owners
to evaluate the budget;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHOREWOOD AS FOLLOWS:
1.The Truth-in-Taxation public hearing for property taxes levied in 2013,
collectible in 2014, is set for Monday, December 2, 2013.
2.A continuation date if necessary is set for Monday, December 9, 2013.
3. The Finance Director is hereby instructed to transmit a certified copy of this
resolution to Hennepin County for inclusion on the parcel specific notices to be
mailed in November.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 26th day of
August, 2013.
ATTEST:Scott Zerby, Mayor
____________________________________
Jean Panchyshyn, City Clerk
MEMORANDUM
Date:
August 26, 2013
To:
Mayor Zerby
Council Members
From:
Bruce DeJong, Finance Director
Re:
July, 2013 General Fund Monthly Budget Report
______________________________________________________________
The 2013 General Fund continues to track about where we would expect. Revenues are a little
ahead and expenditures are a little behind 2012, but not by any amount that would cause concern
at this point in the year.
The City Council may wish to consider amending the budget in Administration and City
Engineer. These changes would reflect the decisions made at the end of last year and at the
retreat to contract for services rather than hire employees in those positions.
GENERAL FUND REVENUES
Miscellaneous Revenues – This is the category where we budgeted the revenues from
water tower cell phone leases. Most of those are paid early in the year, so we should be
ahead of last year since this is the first year we have budgeted for all the cell tower leases
in the General Fund.
GENERAL FUND EXPENDITURES
Administration – This budget is over primarily because of the shift to a contractual
service with Midwest Government Advisors for Mr. Joynes services and other salary
allocations.
Snow and Ice – This budget exceeds the prior year because the snow season was
significantly more active and longer than what we have recently experienced.
Recreation Programs – This budget is higher than last year primarily because of salary
expense. We actually had an ice skating season that required rink attendants while no
rink attendants were hired in 2012 because of the warm weather and poor ice conditions.
Ms. Grout is also coding more of her hours to this activity than was anticipated at budget
time. We are still trying to figure out what is a better way of allocating her salary with the
shifting duties that she currently has.
Please contact me or Mr. Joynes if you have any questions.
Attachment: July Budget Spreadsheet
Monthly Budget Report
July 31, 2013
YTDYTD2013% of 2013Expected
2012JuneAdoptedAnnual% of 2013
Year to Date OverviewActual2013BudgetBudgetBudget
REVENUE
Property Taxes 2,430,212 2,342,814 4,763,31949.2%49.7%
Licenses and Permits 90,774 101,577 124,20081.8%71.3%
Intergovernmental 73,481 70,726 70,401100.5%100.0%
Charges for Service 39,059 12,778 35,15036.4%79.7%
Fines and Forfeitures 40,366 26,314 57,00046.2%54.0%
Miscellaneous 55,241 179,787 213,90084.1%45.3%
TOTAL 2,729,133 2,733,996 5,263,970
51.9%50.2%
EXPENDITURES
Department
Council
Personnel 9,796 9,796 16,80058.3%58.3%
Materials and Supplies 165 374 2,00018.7%79.0%
Support and Services 23,837 35,184 72,45048.6%27.6%
Transfers 47,7000.0%
Total 33,798 45,354 138,95032.6%44.7%
Administration
359,671
Personnel 264,965 142,87939.7%40.3%
18,450
Materials and Supplies 11,368 7,17838.9%31.7%
42,175
Support and Services 26,223 72,221171.2%47.3%
-
Capital Outlay 1340.0%
Total 302,690 222,278 420,29652.9%
Finance
132,929
Personnel 102,306 78,93659.4%62.4%
8,400
Materials and Supplies 7,932 8,18897.5%89.3%
11,600
Support and Services 4,504 9,92585.6%34.7%
-
Capital Outlay - 322
Total 114,742 97,371 152,92963.7%
Professional Services
159,988 165,727 203,39081.5%79.0%
Planning and Zoning
170,666
Personnel 113,084 101,80659.7%62.1%
650
Materials and Supplies - 24237.2%28.3%
7,400
Support and Services 2,659 3,74850.6%53.0%
200
Capital Outlay - - 0.0%0.0%
Total 115,743 105,796 178,91659.1%
Municipal Building - City Hall
22,130
Materials and Supplies 17,324 19,17886.7%98.0%
164,800
Support and Services 134,777 130,78879.4%84.7%
Capital Outlay 352 - -0.0%
Transfers - - 100,4500.0%0.0%
Total 152,453 149,966 287,38052.2%
Police
Materials and Supplies - -
Support Services 577,197 593,590 1,015,07758.5%58.4%
Capital (Public Safety Bldg) 168,849 170,823 235,43772.6%75.0%
Total 746,046 764,413 1,250,51461.1%
Fire
Support Services 248,990 259,296 349,58274.2%74.8%
Capital (Public Safety Bldg) 208,429 215,741 287,64375.0%75.0%
Total 457,419 475,037 637,22574.5%
Inspections
Personnel 75,180 69,577 120,58857.7%59.1%
Materials and Supplies - - 2000.0%19.0%
Support and Services 2,421 2,073 5,30039.1%44.4%
Total 77,601 71,650 126,08856.8%
City Engineer
Personnel 50,856 460 92,5490.5%52.2%
Materials and Supplies 118 - 2000.0%59.0%
Support and Services 8,575 34,914 11,220311.2%70.1%
Capital Outlay - - -0.0%
Total 59,549 35,374 103,96934.0%
Public Works Service
Personnel 251,155 243,447 428,77556.8%55.7%
Materials and Supplies 116,043 75,708 171,30044.2%67.1%
Support and Services 64,195 58,241 139,75041.7%47.7%
Transfers - - 772,5000.0%
Total 431,393 377,396 1,512,32525.0%
Snow and Ice
Personnel 17,174 34,699 56,66261.2%66.2%
Materials and Supplies 10,247 21,369 45,00047.5%31.5%
Total 27,421 56,068 101,66255.2%
Parks Maintenance
Personnel 67,016 45,312 103,35843.8%63.3%
Materials and Supplies 13,959 11,486 19,30059.5%75.8%
Support and Services 21,181 14,298 30,91046.3%79.9%
Transfers - - -0.0%
Total 102,156 71,096 153,56846.3%
Recreation Programs
Personnel 24,792 35,885 36,36098.7%35.6%
Materials and Supplies 1,147 3,783 1,500252.2%76.5%
Support and Services 12,194 10,815 20,14553.7%35.6%
Transfers - - 42,0000.0%0.0%
Total 38,133 50,483 100,00550.5%
Unallocated 18,033 -0.0%
Total Expenditures 5,367,217
2,819,132 2,706,04250.4%
Net Revenue less Expenditures (103,247)
(89,999) 27,954
Note: The balanced budget includes the use of $103,247 of fund balance in Transfers in the Revenue section.