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Home My WebLink About1996 [03] Mar 07 {Book 09} ì r:: / e- .~ ¥ v~ CITY OF ST. JOSEPH CITY COUNCIL MEETING 21 First Avenue NW March 7, 1996 - 7:00 P.M. p.o. Box 668, St. Joseph, MN 56374 (612) 363-7201 AGENDA Fax: 363-0342 1. Call to Order MAYOH Donald "Bud" Reher 2. Approve Agenda 3 . CONSENT AGENDA CLERK! a) Approve Minutes - February 15 ADMINISTRATOH b) Ordinance - Allowance for Assessment deferrals Rachel Stapleton C) Drug & Alcohol Testing Policy d) May BowIe Liquor License COUNCILOHS 4. Bills Payable & Overtime and Callouts Ross Rieke Boh Loso 5. Mayor Reports Ken Hiemenz Cory Ehlert 6 . Council Reports . 7 . Department Head Reports - Dick Taufen 8. 7:30 P.M. - Pat Schneider - Kennedy Proposal 9. 7:40 P.M. - East Minnesota Street 10. 7:50 P.M. - Delinquent Utility bill Hearing 11. 8:10 P.M. OPEN TO THE PUBLIC 12. 8:15 P.M. Star City Video 13. Recess 14. Clerk/Administrator Reports a) Accident Insurance for Elected Officials b) Resolution - Funeral Attendance c) Loss Control Workshops d) Lease - Community Garden e) Community Events/Advertising Sign f) Other Matters of Concern 15. 8:45 p.m. - Special Event - Todd Fultz 16. 9:00 P.M. Annexation - Kenny Solarz & Darlene - 17. Alley Vacation Petition -- 18. Resolution to Establish an EDA 19. Adjourn .~ \;~ CITY OF ST. JOSEPH 21 First Avenue ,,\\" P.O. Box 668 St. Joseph, rv;N 56:374 MEMORANDUM (612) 363-7201 Fax: 363-0342 Date: March 5, 1996 From: Rachel Stapleton MAYOH Donald "Bud" Reher To: Honorable Mayor and Members of the Council Subject: Council meeting March 7, 1996 CLEHK! ADMINISTHATOH - - - - - - - - - -- - -- - -- - - -- - - -- - - - --- - -- -- -- - - - - - - - - - - - - - - -- Rachel Stapleton 3. CONSENT AGENDA - a) No corrections to the minutes of February 15 were received. COUNCILORS b) P d 0 d' ., k I f h R . ropose r lnance lS ln your pac et. Approva 0 t e BO:s R,eke consent agenda approves this ordinance and it will become o Loso effective upon publication. Ken Hiemenz Cory Ehlert ) A d d d 1 h I I . d 'f ' . . c propose rug an a co 0 po lCY an ln ormatlon lS enclosed in your packet. We are required to adopt a policy within these parameters. The policy was prepared by John Scherer's office. The information comes from MMUA (the consortium we joined to facilitate the testing process). d) The May BowIe will be held at St. Ben's this year. They will need a special event liquor license. It will not be given to them until they provide proof of insurance. 8. Information in packet. 9. The City asked the County to approve funding of East Minnesota Street at the level needed. The County had only budgeted $250,000. There were several East Minnesota Street residents in attendance that voiced their objections. The County Board tabled the matter until the March 12 meeting and requested further traffic study information and financial consideration. The Council will discuss if you will allow the County to finance their additional portion over a couple years. Joe Bettendorf will be here for this and report on any other matters at this time. 4IÞ 10. I do not expect anyone to appear for the delinquent utility hearing. 13. The Star City Commission is requesting the Council view the video draft. It is 8 minutes long. . 15. Todd will be requesting allowance to hold an event in conjunction with Pinestock. 16. Solarz are trying to sell their property (Solarz nursery building and have indicated that they do not want to be annexed. 16. A petition to vacate an alley along with information from the League on requirements. A public hearing must be scheduled. . . ",. e· V RAJKOWSKI HANS MEIER LTD. Reply to: st. Cloud Attorneys at Law February 22, 1996 Ms. Rachel Stapleton ST. CLOUD st. Joseph Clerk Administrator 11 Seventh Avenue North P.O. Box 668 P.o. Box 1433 st. Joseph, MN 56374 St. Cloud, MN 56302-1433 RE: Proposed Ordinance 38 and 612·251·1055 Carbon Monoxide Incident Report Form 800'445'9617 File Nos. 16,397 and 17,693 FAX 612·251·5896 Dear Rachel: MINNEAPOLIS Enclosed herewith please find proposed Ordinance 38 2904 Plaza VII authorizing senior citizen and disability assessment 45 South Seventh Street deferrals. This Ordinance adopts the requirements of Minneapolis, MN 55402-1620 State law while also adopting the hardship standards 612'339'9206 used by the City of st. Cloud. 800'445'9617 . The statute provides that the forms to be used to apply FAX 612'251'5896 for a deferral are to be prescribed by the County Auditor. The statute is not clear as to whether or not INTERNET ADDRESS those forms are received from the County Auditor or the rajhan@cloudnet.com City Clerk's office. It is also not clear as to whether or not those forms should be turned into the City Clerk or County Auditor. I will check further FRANK 1- RA/KOWSKI' t with the County Auditor to determine this procedure while the City Council is considering the Ordinance. GORDON H. HANSMEIER If the Auditor already has application forms in hand, FRWERICK L. GRUNKE we can adopt those. I presume that they will have a THOMAS G. JOVANOVICH provision for the necessary financial disclosure. JOHN H. SCHERER PAUL A. R,/KOIVSKI t Alternatively, I suggest that we use the st. Cloud forms for the purpose of determining financial KEn:>; F. GRAY hardship. WIlliAM J. CASHMAN RICHARD W. SOB.-\lVARRO I have not, as of this time, prepared an ordinance for BRIAN L. WIlliAMS deferment for a low income situation which does not involve a senior citizen or a disabled individual. I have simply provided for the deferrals available under Minn. Stat. § 435.193, which is limited to senior citizens and disabled persons. I hesitate somewhat to ¡..\MES H. KEllY, MD., FAC.P. adopt any additional deferral processes for the City at ~1t:UIC\l Co\:st.:LT.-\:'\;'T this time because of a concern that the use of - deferrals may become too wide spread in some particular FRA~K j. RAIi\O\\"~~IIS Ao~,mED TO PRACTICE I':\: l'\ORTH DAKOTA, areas. I would' recommend that the city Council proceed GOIŒ\ ''\ I- L H.-\\:S\ŒIER first with the senior citizen and disabled person 1\ ;'\~)I\ ru D.\~(')T:\ A:\"O 'VI~O~SIS, deferrals and reconsider expansion of deferrals at a P:\u. A. K\;}..\....w~I..;J IS \\'1>CO:'\:SI~ later time based upon our experience with this limited .-\:\:0 WI\.ll:\~1 1. C\~H\tAN I;"; SL"'L-rH DAKOTA. . ME\lBER OF A~tERICAN deferral process. Bl '.\\{I', 'f TRIAL AO\"(.lCATES. t t]\ .\\ ;¡-iFD AOR NELTR.-\L . . Ms. Rachel stapleton February 22, 1996 Page -2- . I have also enclosed herewith a copy of a proposed form to be used by the Fire Department when answering carbon monoxide calls. Let me know if the Fire Department wants to see any other changes to the form. Thank you. Very truly yours, H. Scherer JHSjbaz Enclosures L:\gen\16397\af022296.011 . - ~ V . , " . The City Council for the City of St. Joseph HEREBY ORDAINS: ORDINANCE 38: SENIOR AND DISABILITY ASSESSMENT DEFERRAL Section 38.1: Purpose. It is the purpose and intent of this Ordinance to establish a policy and procedure for the deference of payment of special assessments for homestead property owned by a person 65 years of age or older, or retired from gainful employment because of a permanent disability, and for whom payment would constitute an unreasonable hardshIp. Section 38.2: Authority. This Ordinance is enacted in accordance with the authority granted by Minnesota Statute Sees. 435.193 - 435.195 Section 38.3: Definitions. As used herein, the following terms have the following meaning: Subd. 1: "Owner" is any natural person with at least a 50 percent interest in the legal or equitable title to a parcel of real property. . Subd. 2: "Homestead" is the house occupied by an Owner and used by the Owner as his or her principal dwelling place, together with the land upon which it is situated, not to exceed forty acres. Subd.3: "Disabled Owner" is an Owner who has been determined to have a disability for purposes of the receipt of Social Security Benefits in accordance with the rules and procedures set forth in 42 USC § 421. Section 38.4: Authorization to Defer. An assessment for a public improvement of homestead property of which the Owner is age 65 or older or a Disabled Owner, may be deferred by the City upon a finding that the payment of the assessment would impose an unreasonable financial hardship on the Owner. Section 38.5: Deferral Process. An Owner seeking deferral shall make application on forms prescribed by the Stearns County Auditor. Upon application, the Owner shall complete a financial disclosure form. Based upon the information set forth therein, the City Council shall make a finding as to financial hardship and grant or deny the deferment. The City Clerk shall advise the County Auditor of any deferments granted by the City. The application for deferral shall be submitted no later than September 1st of the year before which the assessments are due. Section 38.6: Interest. Interest shall accrue on the principal amount of any deferred assessment at the same rate established for the assessment, as if no deferment was granted. - Section 38.7: Assessment Not Subiect to Deferral. Assessments in a total principal amount ....,... of Three Thousand and no/l00 ($3,000.00) Dollars or less shall not be subject to deferral. . < Section 38.8: Financial Hardship. The assessment shall be considered to cause an . unreasonable financial hardship if the City determines that any of the following circumstances exist: Subd. 1: The average annual principal and interest payment which will be due on the assessment is in excess of three (3%) percent of the combined annual income of the Owner and all adults residing at the property with the Owner; or Subd. 2: Exceptional and unusual circumstances, which will force the Owner to make an involuntary and unplanned expenditure of assets, including but not limited to, uninsured medical expenses for a major illness or uninsured loss or destruction of the Owner's house, or the accumulation of prior assessments currently payable. Section 38,9: Termination of Deferral. The deferral of assessments shall terminate, and the mature assessment principal payments and accrued interest shall become due and payable, upon the occurrence of any of the following events: Subd. 1: The death of the Owner, provided that the Owner's spouse is not otherwise eligible for deferment. Subd. 2: The sale, transfer or subdivision of the property, or any part thereof. Subd. 3: If the property no longer qualifies as the Owner's Homestead, or Subd. 4: If the City determines that financial hardship no longer exists. . Section 38.10 Adoption of Statutes. The provisions of this Ordinance shall be construed in accordance with Minn. Stat. § 435.191 - § 435.195. The provisions of these statutes are adopted hereby, as if fully set forth herein, subject to any modification contained herein. This Ordinance Amendment is passed this _ day of , 1996, by the City Council for the City of St. Joseph. Clerk/Administrator Mayor N:\n \cíty\stjœ\aro=6.251 - ...,... '" . CITY OF ST. JOSEPH DRUG AND ALCOHOL TESTING POLICY FOR EMPLOYEES USING COMMERCIAL MOTOR VEIDCLES The purpose of this Policy is to establish programs designed to prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. This Policy implements the requirements of the Federal Omnibus Transportation Testing Act and the U.S. Department of Regulations, 49 C.F.R. P. 382. 1. Employees Covered By Policy Employees (regular full-time, regular part-time, and seasonal/temporary) were required to obtain and hold a commercial driver's license, unless waived by the public safety exemption, shall fall under this Policy. The provisions of this Policy apply to all driver's of firetrucks and emergency fire equipment and other employees required to hold a commercial driver's license (CDL) as part of their job duties. Each employee shall sign for receipt of this policy and a copy shall be maintained by the City . of St. Joseph (the City) personnel file for that employee. The City will require drug and alcohol testing pursuant to the regulations of the Federal Department of Transportation (DOT) and Federal Highway Administration for all commercial motor vehicle operators. The following drug and alcohol test will be required: pre-employment testing (49 C.F.R. 382.301); post-accident testing (49 C.F.R. 382.303); random testing (49 C.F.R. 382.305); reasonable suspicion testing (49 C.F.R. 382.307); return to duty testing (49 C.F.R. 382.309); and unannounced treatment follow-up testing (49 C.F.R. 382.311). 2. Work Rules Relatin!! to Alcohol and Controlled Substances. (a) The following alcohol and controlled substance-related activities are prohibited: (1) Reporting for duty or remaining on duty to perform safety sensitive functions while having an alcohol concentration of 0.04 or greater. (Drivers reporting for duty or remaining on duty to perform safety -- sensitive functions while having an alcohol concentration of 0.02, but less than 0.04, shall be removed from duty for 24 hours.) -- ~ (2) Being on duty or operating a commercial motor vehicle (CMV) while . the driver possesses alcohol. This includes the possession of medicines containing alcohol (prescription or over-the-counter), unless the packaging seal is unbroken. (3) Using alcohol while performing safety-sensitive functions, or within four hours prior to performing such functions. (4) When required to take a post-accident alcohol test, using alcohol within eight hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first. (5) Refusing to submit to an alcohol or controlled substance test required by post-accident, random, reasonable suspicion or follow-up testing requirements. (6) Reporting for duty or remaining on duty, requiring the performance of safety-sensitive functions, when the driver uses any controlled substance, except when instructed by a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a CMV. (7) Reporting for duty, remaining on duty or performing a safety- sensitive function, if the driver tests positive for controlled . substances. (b) Drivers who are known to have engaged in prohibited behavior, with regard to alcohol misuse or use of controlled substances, are subject to the following consequences: (1) Drivers shall not be permitted to perform safety-sensitive functions. (2) Drivers shall be advised of the resources available to them in evaluating and resolving problems associated with the misuse of alcohol or use of controlled substances. (3) Drivers shall be evaluated by a substance abuse professional (SAP) who shall determine what assistance, if any the employee needs in resolving problems associated with alcohol misuse and controlled substances use. (4) Before a driver returns to duty requiring performance of a safety- sensitive function, he/she shall undergo a return-to-duty alcohol test with a result indicating a breath alcohol level of less than 0.0-2 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved controlled suhstance use. -- -- 2 " . (5) Each driver identified as needing assistance in resolving problems associated with alcohol or controlled substances shall be evaluated by a SAP to determine that the driver has followed the rehabilitation program prescribed. The driver shall also be subject to unannounced follow-up alcohol and controlled substance testing. The number and frequency of such follow-up testing shall be as directed by the SAP, and consist of at least six tests in the first twelve months. (6) A current employee who is a finalist for a safety-sensitive position or an applicant will be disqualified from further consideration for the conditionally offered position, have hislher name removed from all eligible lists, and may be disqualified from applying for positions with the City for up to five years. Additionally, a current employee will be evaluated by a SAP who shall determine what assistance, if any the employee needs in resolving problems associated with alcohol misuse and controlled substances use. (7) A driver that engaged in a prohibited alcohol or controlled substance activity listed in Section 2(a), on the first occurrence, may be disciplined and will be evaluated by a SAP who shall determine what assistance, if any the driver needs in resolving problems associated with alcohol misuse and controlled substances use. If that evaluation . determines that the driver has a chemical dependency or abuse problem, the City will give the driver an opportunity to participate in an appropriate program as identified by the SAP at the employee's own expense or pursuant to coverage under an employee benefit plan. In such case, the driver will be placed on a medical leave of absence. (8) When a driver has a subsequent violation of any prohibited alcohol or controlled substance activity within five years, the City may take whatever disciplinary action, including discharge, that it deems appropriate. (9) If a driver either refuses to participate in a rehabilitation program specified by the SAP, or fails to successfully complete the program as determined by the SAP or program treatment staff; the City may take whatever disciplinary action, including discharge, that it deems appropriate. (10) Notwithstanding any other provisions herein, the City may temporarily suspend or reassign a driver to another position pending the outcome of the confirmatory test, and any confirmatory retest if requested by the driver, provided the City believes such action is in the best interests of the City. -- --- 3 (11 ) A driver refusing to take a drug and alcohol test requested by the City . will be considered insubordinate by the City and will be subject to disciplinary action including possible dismissal. (In a disciplinary hearing resulting from an appeal of disciplinary action, the City shall have the burden of showing a just-cause basis for requesting the test if the test was for reasonable suspicion.) (12) Disciplinary actions taken pursuant to this Drug and Alcohol Testing Policy are appealable pursuant to the procedures established in any applicable collective bargaining agreement. Veterans shall be treated in accordance with Minnesota Statutes, 197.46. (c) Self-identification of alcohol or chemical dependency problem. Any employee who contacts the City Clerk or their immediate supervisor for purposes of voluntarily self-identifying themselves as having an alcohol or controlled substance abuse problem prior to being notified to submit to a drug or alcohol test, or prior to engaging in other conduct in violation of this Policy, will not be penalized for such action. The employee will be evaluated by a SAP who shall determine what assistance, if any the employee needs in resolving problems associated with alcohol misuse and controlled substance use. If that evaluation determines that the driver has a . chemical dependency or abuse problem, the City will give the driver an opportunity to participate in an appropriate program as identified by the SAP at the employee's own expense or pursuant to coverage under an employee benefit plan. In such case, the driver will be placed on a medical leave of absence. An employee may not take advantage of the self-identification program after having been selected for DOT required testing. 3. Circumstances for Requesting ApplicantslEmplovees to Under!!o Testing. (a) Pre-employment alcohol and controlled substance testing. A fter a cond itional offer of employment, but prior to the first time a driver performs safety-sensitive functions the driver must submit to testing for alcohol and controlled substances. The test must show a breath alcohol concentration less than 0.02 and a verified negative result for controlled - -- 4 .' . substance use. The consequences for a positive result or for refusing to test are stated in Section 2(b). This test will be administered in accordance with this Policy and the FHW A regulations. (b) Post-accident alcohol and controlled substances testing. As soon as practicable following an accident involving a commercial motor vehicle, each surviving driver shall be tested for alcohol and controlled substances when either; (1) the accident involved a fatality; or (2) the driver receives a citation under state or local law for a moving traffic violation arising from the accident. An accident is defined as an incident involving a commercial motor vehicle in which there is either fatality, an injury treated away from the scene within two (2) hours of the accident, or a vehicle is required to be towed from the scene. If two hours have elapsed from the time of the accident and the driver has not . submitted to an alcohol test, the supervisor shall prepare and maintain in the employee's personnel file a record stating the reason a test was not promptly administered. If eight hours have elapsed and the driver has not submitted to an alcohol test, the supervisor will cease attempts to administer the test and prepare and maintain the record described above. If thirty-two hours have elapsed and the driver has not submitted to a controlled substance test, the supervisor will cease attempts to administer the test and prepare and maintain the record described above. A driver who is subject to post-accident testing must remain available, or will be deemed to have refused testing. A driver subject to post-accident testing must refrain from consuming alcohol for eight hours following the accident, or until he/she submits to an alcohol test, whichever comes tirst. Nothing in this Policy should be construed as to require the delay of necessary medical attention for injured people following an accident, or to prohibit a driver from leaving the scene - of an accident for a period necessary to obtain assistance in responding to the accident, or to obtain ~ 5 necessary emergency medical care. Alcohol tests under the post-accident provision will be by blood . sample. (c) Reasonable suspicion alcohol and controlled substances testing. Whenever the City has reasonable suspicion to believe that an employee has violated any alcohol or controlled substances prohibition, it will require the employee to submit to an alcohol and/or drug test. Reasonable suspicion is defined as the belief that the driver has violated the alcohol or controlled substances prohibitions, based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver, which may include indications of the chronic and withdrawal effects of controlled substances. These observations will be made by a supervisor or City official who has received appropriate training and should be documented by that individual in a Supervisor's Report of Reasonable Suspicion (Appendix A) before sending any employee for a Reasonable Suspicion Drug or Alcohol Test. Alcohol testing is authorized only if the observations are made during, just before, or just after the period of the work day the driver is required . to be in compliance. If a reasonable suspicion alcohol test is not administered within two hours following the observations, the supervisor shall prepare and maintain in the personnel file a record stating the reasons the alcohol test was not administered promptly. If the alcohol test is not administered within eight hours, the supervisor shall cease attempts to administer the test, and shall prepare and maintain the record listed above. All tests will be administered in accordance with this Policy and FHW A regulations. (d) Random alcohol and controlled substances testing. Random alcohol and controlled substances testing shall be conducted in accordance with the following requirements: (1) Administered at a minimum annual rate of twenty-five percent of the average number of driver positions for alcohol, and at a minimum annual rate of fifty percent for controlled substances testing. (2) Unannounced and spread reasonably throughout the calendar year. .- 6 . . (3) Drivers selected for random tests shall proceed immediately to the testing site upon notification of being selected. (4) Drivers will only be tested for alcohol while the driver is performing safety-sensitive functions, immediately prior to performing or immediately after performing safety-sensitive functions. (5) In the event a driver who is selected for a random test is on vacation or an extended medical absence, another driver will be selected for testing. (e) Return to duty testing. Before a driver returns to duty requiring the performance of a safety-sensitive function, after engaging in prohibited conduct regarding alcohol misuse, the driver shall undergo a return- to-duty alcohol test indicating a breath alcohol of less than 0.02. Before a driver returns to duty requiring the performance of a safety-sensitive function, after engaging in prohibited conduct regarding controlled substance use, the driver shall undergo . a return-to-duty controlled substances test with a result indicating a verified negative result for controlled substances use. In the event a return-to-duty test is required, the driver must also be evaluated by a SAP and participate in any assistance program prescribed. (t) Follow-up testing. Following a determination that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the driver is subject to unannounced follow-up alcoh?l_~nd/or controlled substances testi_n.g as directed by the SA_~. The driver shall be subject to a minimum of six follow-up controlled substance and/or alcohol tests in the tirst twelve months, for a period of up to sixty months. Alcohol follow-up testing shall be performed only when the driver is performing - safety-sensitive functions, or immediately prior to performing or immediately after performing safety- sensitive functions. ~- 7 4. Drue: Test Procedures. . (a) Failure to Cooperate. Any employee required to provide a urine sample will be expected to sign a consent or release form authorizing the collection of the specimen, analysis of the specimen for designated controlled substances, and release the results to the employer. If the employee refuses to cooperate during the collection process (e.g. refusal to provide a complete specimen, complete paperwork, initial specimen), the collection site person will inform a City representative and document the employee's conduct on the Drug Testing Custody and Control Form. Employees are expected to exercise good faith and cooperate during the collection process and failure to do so will subject the employee to discipline, up to and including discharge, independent and regardless of the results of any subsequent drug test. (b) Retest Procedures. In the event a question arises as to the validity or accuracy of a positive drug test result, the Medical Review Officer (MRO) wiII be authorized to order . a reanalysis of the original sample at an appropriate laboratory. The MRO will also notify each employee who has a verified positive test that he/she has 72 hours in which to request a test of the split specimen. If the employee requests an analysis of the spl it specimen within 72 hours of such notice, the MRO wiII direct, in writing, the laboratory to provide the split specimen to another Department of Health and Human Resources (DHHS)-certified laboratory for analysis, The employee will not be allowed to request a reanalysis of the primary specimen and any retest will be at the employee's expense. If the analysis of the split specimen fails to reconfirm the presence of the drug(s) or drug metabolite(s) found in the primary specimen, or if the split specimen is unavailable, inadequate for testing, or intestable, the MRO will cancel the test and report the cancellation and the reasons for it to the DOT, employer and the employee. - - 8 . . . If an employee has not contacted the MRO within 72 hours, the employee may present the MRO with information documenting that serious illness, injury, inability to contact the MRO, lack of actual notice of the verified positive test, or other circumstances unavoidably preventing the employee from timely contacting the MRO. If the MRO concludes that there is a legitimate explanation for the employee's failure to contact himlher within 72 hours, the MRO wiII direct the analysis of the specimen be performed. (c) Notification of Test Results. Any job applicant requesting the results of a pre-employment drug test wiII be provided with those results within sixty (60) days of being notified of the disposition of his/her job application. The City wiII notify employees who test positive in a random, post-accident, or reasonable suspicion drug test of those results, along with the identity of the controlled substance(s) . verified as positive. 5. Retention of Records. (a) Records of alcohol and controlled substances tests and results will be maintained in accordance with FHW A regulations. Alcohol and controlled substances test results and other information acquired in the testing process will not be disclosed to another employer or to a third party individual, governmental agency or private organization without the written consent of the person tested unless permitted or required by law or court order. Documents wiII be retained according to the following schedule: -------------- ATcoliOI- tes1resUItsTooicatIn"](ilbreatli----- __n__ --.--- --' -------- concentration of 0.02 or greater 5 Years Verified positive controlled substance test results Refusals to submit to required alcohol or controlled substance tests - Required calibrations of evidential breath -- testing devices (EBT's) 9 SAP/MRO evaluations and referrals . Annual calendar year summary Records related to the collection process (except calibration and required testing) 2 Years Negative and cancelled controlled substance test results 1 Year Alcohol test results indicating a breath alcohol concentration less than 0.02 1 Year (b) Access to records. Upon written request by an employee, the City will provide copies of any records pertaining to the employee's use of controlled substances, including any records pertaining to his or her alcohol or drug tests. 6. Applicant Record Checks and Release of Alcohol and Controlled Substances Test Information bv Previous Emplovers. The City must obtain and retain a record from previous . employers of the following information no later than 14 days after the first time a driver performs safety- sensitive functions: (a) Information on the driver's alcohol test in which a breath concentration 01'0.04 or greater was indicated and on controlled substances test in which a positive result was indicated. (b) Information on any refusal to submit to a required alcohol or controlled substance test. The information must be obtained and retained even if the driver stops performing safety- sensitive functions or leave the City's employment. All previous employers (for which the employee performed safety-sensitive functions) for a period of the past two years must be contacted and provided with a written authorization from the driver for release of the required information. Refusal to authorize the release of information will be cause for - dismissal. ~ 10 . . An employee may not be used to perform safety-sensitive functions if the City obtains information indicating the driver has tested positive for controlled substances, tested at or above 0.04 breath alcohol concentration, or refused to test unless there is evidence the driver has been evaluated by a SAP, completing any required counseling, passed a return-to-duty test, and been subject to follow-up testing. 7. Policy Exceptions. Nothing in this Policy limits or restricts the right of the City to discipline or discharge an employee for conduct which violates any City or department policy/work rules provided that the employee is not tested for drugs and alcohol. Nothing in this Policy limits or restricts the right of the City to establish, or negotiate where required, other provisions which are in compliance with State and Federal statutes or requirements. 8. Definitions. . (a) Commercial Motor Vehicle - A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: (1) Has a gross combination weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or (2) Has a gross vehicle weight rating of 26,001 or more pounds; or (3) Is designed to transport 16 or more passengers, including the driver; or (4) Is of any size and is used in the transportation of hazardous materials requiring placards. (5) ... n For-upurposeofthis PolicYfiretrucksuarid other emergency fire equipment shall be considered a commercial motor vehicle. (b) Controlled Suhstances - Controlled substances include: (1) Alcohol. - (2) Illegal drugs such as marijuana, cocaine, crack, opiates (natural and natural derivatives - opIUm, heroin, morphine, codeine, and synthetics), amphetamines (sometimes referred to as "speed", 11 "uppers", and "dexies"); and phencyclidine or PCP (commonly called . "angel dust"), (3) Prescription drugs used without a doctor's supervision by someone other than the person for whom the doctor wrote the prescription, such as Valium, sleeping pills, amphetamines, pain killers, narcotics, and tranquilizers. (c) Driver - Any person who operates a commercial motor vehicle or drivers of fire trucks or emergency fire equipment. For the purposes of pre-employment testing, the term driver includes a person applying to drive a commercial motor vehicle. (d) Medical Review Officer (MRO) - A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his or her medical history and any other relevant biomedical information, . (e) Performing a Safety-Sensitive Function - Any period in which the driver is actually performing, ready to perform, or immediately able to perform any safety-sensitive functions. (f) Refusal to Submit to an Alcohol or Controlled Substance Test - a driver: (I) Fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of requirement of the requirement for breath testing; (2) Fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing; or (3) Engages in conduct that clearly obstructs the testing process. (g) Safety-Sensitive Function - Any of the following: (1) All time at a carrier or shipper plant, terminal, facil ity, or other property, waiting to be dispatched, unless the driver has been relieved from duty by the employer. - - 12 t . (2) All time inspecting equipment as required by the Federal Motor Carrier Safety Regulations (FMCSRs), or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time. (3) All time spent at the driving controls of a commercial motor vehicle. (4) All time, other than driving time, spent on or in a commercial motor vehicle (except for time spent resting in the sleeper berth). (5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded. (6) All time spent performing the driver requirements associated with an accident. (7) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. (h) State of Readiness - a driver who is on call, ready to be dispatched, to . perform a safety-sensitive function while on duty. (i) Substance Abuse Professional - A licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders. n: Icitylsljoc 1ag022196. 251 - -- 13 'î , - > _.--'0-"0 '_...·0 ~--.. -~: '~-~"'-'~-'-"--'-.- '-".-- . .__..........~~--<--~,~.--.~----'--. _-_. --_ '-__ .__~>-"~..'~,,_~_."~...,,~_.___~. __ _0·:.... >'_ _. ..þ~~...·_-'-'P.O_._.,~....~..~___~ 'C_'= __ .".'. '-'.,_...,..o~"'-_____"~~"'~'?_<""""'_~.....~",-.. _. __> .;".r-:~'_ ~."__"~J_'O,_."".._... ~ ............ . ~,.._~. . ,,_=--o~~"__ _'""C~_""-.....,,...~__ ,_ ,~__ .._ --,.__~_~ _~';"'>.___7~ ..~< . MMUA DRUG AND ALCOHOL TESTING CONSORTIUM COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL . ) Adopted by: Name of Employer or Contractor Date Adopted: Effective: . December 1995 1 , .--~'_.~ . ~'-"'_~_~_M_'_.~_~__~~_~':_~__~: =-:~_k"____<...~~,,_.,~~=: ==_:-,=..··~-=..:::.:.~,.~=>=.-:...~=--.,~~..'>N.-'::.'..-:.:___.~=.>~..~ ._~-_..>-,,_W~ "::'~" -.c_ _." 3~=--,,<-,>,~~ SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL TABLE OF CONTENTS SECTIONS 1 Purpose and Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 1 2 Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2 3 Consortium ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 4 Effect of Use, Refusal or Failure ............................. 3 5 Safety-Sensitive Function. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-4 6 Prohibited Conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-5 7 Types of Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-10 8 Drug Testing Procedures ............................... 11-18 9 Alcohol Testing Procedures ............................. 19-26 10 Information and Training .................................. 27 11 Driver Referral, Evaluation and Treatment ................. 28-29 . 12 Recordkeeping ....................................... 30-34 13 Access to Facilities and Records ......................... 34-35 APPENDICES A Employer's Substance Abuse Policy B Employee Positions Subject to Drug Testing C Personnel Subject to Training . December 1995 , , . SECTION 1. PURPOSE AND CONSTRUCTION This policy describes the employer's Substance Abuse Prevention Program for certain personnel required to hold Commercial Drivers Licenses. The purpose of the program is to establish procedures for the administration of the Department of Transportation (DOT) substance abuse prevention program pursuant to the Commercial Driver's License Regulations, Code of Federal Regulations, Title 49 (49 CPR), Part 382. Part 382 requires employers to implement substance abuse prevention programs if they employ personnel who operate commercial motor vehicles and who are required to have commercial drivers' licenses. This program is being implemented through a consortium with other municipal utilities and local governments through the MMUA Drug and Alcohol Testing Consortium (The Consortium). SECTION 2. APPLICABILITY The employer has employees who drive commercial motor vehicles and who are required to have commercial drivers' licenses. The employer is therefore subject to the regulatory requirements of 49 CPR Part 382 and has joined with other municipal utilities, local governments and their contractors to comply with these regulations through The Consortium. . Drivers who use a commercial motor vehicle and who are required to have a Commercial Driver's License are subject to this policy. A list of employee positions subject to drug and alcohol testing is attached as Appendix B to this policy. Employees and prospective employees shall be tested in accordance with requirements of the Commercial Driver's License Regulations, Code of Federal Regulations, Title 49 (49 CPR), Part 382 and Part 40. For the purposes of this policy, commercial motor vehicles include: a. A motor vehicle with a gross combination weight of 26,001 or more pounds, including a towed unit with a gross weight of 10,000 pounds; or b. A motor vehicle designed to transport 16 or more passengers, including the driver; or c. A motor vehicle required to be placarded under regulation of hazardous materials (49 CFR Part 172, subpart F). Employers with 50 or more employees subject to the regulation must implement a substance abuse prevention program for drugs and alcohol beginning January 1, 1995. Employers with fewer than 50 employees subject to the regulation must implement a substance abuse prevention program for drugs and alcohol beginning January I, 1996. -. - December 1995 1 The following categories of employees are exempt from the CDL drug and alcohol testing . program. These employees are not included in calculating the 50 employee threshold for detennining the effective date of testing. a. Mass transit employees subject to Federal Transit Authority drug and alcohol testing under 40 CPR Parts 653 and 654. (However, elderly and disabled transit programs are subject to the CDL program). b, Drivers waived from having a CDL (e.g" fIre fighters). In the event of a conflict between this program and the provisions of 49 CPR, Part 382, the provisions of the federal regulations will prevail. SECTION 3. CONSORTIUM The MMUA Drug and Alcohol Testing Consortium (The Consortium) is a consortium of members of the Nlinnesota Municipal Utilities Association. The Consortium has developed this Substance Abuse Prevention Program to assist member employers in meeting federal Department of Transportation drug and alcohol testing requirements. As consortium participants, municipal utilities and local governments share costs for program administration and recordkeeping and pool their employees for the purpose of random testing. . Also eligible for membership in the consortium are contractors who perfonn work for MMUA members, and labor unions or other labor organizations whose members perfonn work for MMUA members as employees of contractors or the members themselves. Contractors who provide drivers or other covered functions for the employer more than once a year must confmn at least every 6 months that the driver participates in a conforming drug and alcohol testing program. MMUA may utilize third party service providers in administering consortium functions described in this program. References to administrative functions perfonned by "MMUA" or "consortium" should be construed to include perfonnance by one or more of these third party agents. - - December 1995 2 t . . SECTION 4. EFFECT OF USE, REFUSAL OR FAILURE Any job applicant applying for a position with the employer who refuses or fails a pre- employment drug test will not be hired. (Pre-employment alcohol testing is no longer required.) No employee covered by this policy who has engaged in prohibited drug use will perform safety-sensitive functions. The employer will immediately remove from performing safety- sensitive functions covered by the DOT safety standards in 49 CPR Part 382 any employee covered by this policy who refuses or fails an alcohol or drug test. Any employee covered by this policy who refuses or fails an alcohol or drug test may receive disciplinary action, up to and including termination, in accordance with the substance abuse policy of the employer (see Appendix A). Furthermore, an employer or driver who violates these requirements may be subject to the penalties found at 49 U.S.c. 521(b), including: a. Employer 1. Civil penalties ranging from $500 to $10,000; and 2. Criminal penalties for knowing and willful violations with a maximum fine of $25,000 or imprisonment for up to one year, or both. b. Drivers with Commercial Drivers' Licenses 1. Civil penalties for knowing and willful violations ranging from $500 to $2,500; . and 2. Criminal penalties with a maximum fine of $5,000 or imprisonment for up to 90 days, or both. SECTION 5. SAFETY -SENSITIVE FUNCTIONS The performance of safety-sensitive functions generally includes any time a driver is required to be ready to work in or on a commercial motor vehicle as defined in SECTION 2 APPLICABILITY (page 1) of this policy. Safety-sensitive functions include: a. All time the driver is waiting to be dispatched, unless the employer has relieved the driver from duty; b. All time inspecting, servicing, or conditioning any commercial motor vehicle at any time; c. All driving time; d. All time in or on any commercial motor vehicle; ~ - December 1995 3 e. All time supervising, assisting, or attending the loading or unloading of a vehicle, or . remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; f. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. SECTION 6. PROHIBITED CONDUCT 6.1 Prohibited Employee Conduct. Employees will not engage in the following conduct: a. Alcohol Concentration. Report for duty or remain on duty requiring the perfonnance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. (The alcohol concentration level may be lowered according to employer policy.) b. Alcohol Possession. Be on duty or operate a commercial motor vehicle while possessing alcohol. c. On-duty Use, Use alcohol while perfonning safety-sensitive functions. d, Pre-duty Use. Perfonn safety-sensitive functions within 4 hours after using alcohol. . e. Post-accident Use. Use alcohol for 8 hours following an accident or until undergoing H a post-accident test. f. Refusal to Test. Refuse to submit to an alcohol or drug test, except a pre-employment alcohol test. g, Use drugs. Report for duty or remain on duty requiring the perfonnance of safety- sensitive functions when the driver uses drugs. h. Test Positive for Drugs, Report for duty, remain on duty, or perfonn a safety-sensitive function if tested positive for drugs. Employees who engage in any of the preceding will be removed from safety-sensitive functions and referred to a substance abuse professional. -~ - December 1995 4 . , . 6.2 Prohibited Employer Conduct. The employer, if having actual knowledge that a driver is engaging in any of the conduct listed above, will not allow the driver to drive or perform any other safety-sensitive function. 6.3 Other Alcohol Conduct. Other regulated conduct related to an employee's use of alcohol includes the following: a. A driver whose test results indicate an alcohol concentration of .02 or greater, but less than .04, will not be allowed to perform safety-sensitive functions until the start of the driver's next regularly scheduled duty period, but not less than 24 hours following the alcohol test. b. The employer will not take action against a driver based solely on alcohol test results of less than .04. The employer may take any lawful action against the driver so long as it has authority to do so independent of these regulations. (The alcohol concentration level may be lowered according to employer policy. Employers are allowed to set stricter standards; they may not set more lenient standards.) SECTION 7. TYPES OF TESTING . Covered employees are subject to six types of drug and alcohol testing under the substance abuse prevention program. Before performing a drug or alcohol test, the employer will notify the driver that testing is required. 7.1 Pre-employment Testing. Prior to the rust time a driver performs safety-sensitive functions, a pre-employment drug test will be conducted. A pre-employment alcohol test is not required under federal DOT regulations. a. A pre-employment drug test will be conducted when an individual is hired for a position covered in this policy. The offer for employment may be conditioned on the results of the drug test. b. A pre-employment drug test will be conducted when a current employee becomes subject to this program as a result of a change in job description or work assignment. Such test shall be administered prior to the fust time the employee performs a safety- sensitive function. c. The employer will not allow a driver subject to a pre-employment test to perform safety-sensitive functions without a verified negative test result. d. The employer will notify a driver of the results of a pre-employment drug test if the - driver requests the results within 60 days of being notified of the employer's decision regarding the driver's employment application. - December 1995 5 e, Exceptions to Pre-Employment Drug Testing: . 1. Pre-employment drug testing is not required if the driver was in an appropriate drug testing program within the previous 30 days and either was tested within the past 6 months or was subject to random testing for the past 12 months. 2. The employer must determine that the driver's previous known employers do not have a record of a violation during the past 6 months. 3, If an employer chooses to rely on the exception, the employer must obtain the following information from the previous employers: (a) Name and address of the program; (b) Verification that the driver participated in the program; (c) Verification that the program procedures comply with 49 CFR Part 40; (d) Verification the driver qualifies for the exception; (e) Verification the driver has not refused to be tested for drugs; (f) Date the driver was last tested; and (g) Results of any tests taken within the previous 6 months. 7.2 Post-accident Testing. When an accident involving a commercial motor vehicle '~. occurs, the employer will require a drug and alcohol test on each surviving driver who was ~- performing safety sensitive functions with respect to the vehicle if the accident involved the loss of human life; or who received a ticket for a moving traffic violation arising from the accident. The driver(s) will be tested as follows: a, A driver who is subject to post-accident drug and alcohol testing will remain readily available for such testing or may be deemed to have refused to submit to testing, However, the driver is allowed to get necessary emergency medical attention for injured people, or, if necessary, to leave the scene of an accident for the period necessary to obtain assistance in responding to the accident. b. The employer will provide drivers with necessary information, procedures and instructions so that drivers will be able to comply. c. The employer may use drug and alcohol (breath, blood or urine) test results taken by federal, state or local officials if such test results conform to applicable requirements and the employer obtains the results, d. Drug Specific Requirements 1. The driver will be tested as soon as practicable, but no later than 32 hours after the accident. Because certain drugs or drug metabolites do not remain in - - December 1995 6 , . the body for extended periods of time, testing should be as soon as possible. If the drug test is not administered within 32 hours after the accident, the employer will cease attempts to administer the drug test and will prepare and maintain records stating why the employer did not administer the tests promptly. 2. All reasonable steps will be taken to obtain a urine sample from an employee after an accident. In the case of a conscious but hospitalized employee, the employer will request a hospital or medical facility to obtain a sample and if necessary, reference will be made to the DOT drug testing requirements. If an employee is unconscious or otherwise unable to evidence consent to the procedure, the medical facility shall collect the sample. 3. If an employee who is subject to post-accident testing is conscious, able to urinate normally (in the opinion of a medical professional) and refuses to be tested, that employee will be removed from duty as an employee covered by this policy. e. Alcohol Specific Requirements . If the alcohol test is not administered in 2 hours the employer will prepare and maintain on file a record stating the reasons. If the alcohol test is not administered within 8 hours the employer will stop attempts to administer the test and will prepare and maintain a record stating the reason. 7.3 Random Testing. All employees working as drivers are subject to unannounced drug and alcohol testing based on random selection. Random testing will be conducted as follows: a. The employer, through the consortium, will ensure that random drug and alcohol tests are unannounced and spread reasonably throughout the calendar year. b. The consortium will calculate the number of drivers subject to random drug and alcohol tests using a scientifically valid method of random selection. To assure that the selection process is random, all drivers covered by this policy may be placed in a common pool. The random selection procedure will employ a computer-based random number generator that is matched with the data base record number or social security number of each driver in the pool. c. All drivers will be subject to random testing on each random testing date and will have an equal chance of being tested each time selections are made. As a result of the random selection process, a driver may be tested more than once or not at all ~. during the calendar year. - December 1995 7 d, The consortium will select a sufficient number of alternate drivers for testing in each . test period to ensure that testing is conducted at the required rate. Alternate drivers will be tested in order of selection only if persons selected are unavailable for testing due to vacations, medical leave or travel requirements, e. Testing Rate 1. Drug Specific Requirement. For drug testing, the number of drivers to be tested will be equivalent to at least fifty percent (50%) of this pool every twelve (12) months, 2, Alcohol Specific Requirement. For alcohol testing, the number of drivers to be tested will be equivalent to at least twenty-five percent (25%) of the common pool of drivers every twelve (12) months. The percentage of drivers to be tested for alcohol misuse can be adjusted by the FHW A Administrator to an amount between 10% and 50% of all drivers based on violation rates for the industry. f. A driver selected for random drug or alcohol testing will proceed to the test site immediately. However, if the driver is performing a safety-sensitive function, the driver will stop performing the safety-sensitive function and will proceed to the test site as soon as possible, . g. Random testing will be spread reasonably throughout the year, h, If a driver is subject to drug or alcohol testing under the testing rules of more than one DOT agency for the employer, the driver will be subject to drug or alcohol testing at the minimum annual percentage rate established for the calendar year by the DOT agency regulating more than fifty percent (50%) of the driver's function, 1. If the employer is required to conduct random drug or alcohol testing under the testing rules of more than one DOT agency the employer may: 1. Establish separate pools for random selection, with each pool having the DOT-covered employees who are subject to testing at the same required minimum annual percentage rate; or 2. Administer drug or alcohol tests to the highest minimum annual percentage rate to which the employer is subject. J. Alcohol Specific Requirement The employer will administer a random alcohol test to a driver only just before, while, or just after the driver has ceased performing a safety-sensitive function. ~ -- December 1995 8 , . 7.4 Reasonable Suspicion Testing. When the employer has reasonable suspicion to believe that a driver covered by this policy is using a prohibited drug, or is using alcohol in a prohibited manner, the employer will require the driver to take a drug or alcohol test (whichever is appropriate) as follows: a. A decision to test must be based on specific contemporaneous, describable observations concerning the appearance, behavior, speech or body odors of the driver. b. The required observations for reasonable suspicion drug or alcohol testing must be made by a trained supervisor or a trained company official. c. The employer may only direct a driver to take a reasonable suspicion drug or alcohol test during, just before, or just after the period of the work day that the driver is perfonning safety-sensitive functions. d. Drug Specific Requirements 1. Observations may include indications of the chronic and withdrawal effects of controlled substances. For drugs, examples of this are evidence of repeated . errors on-the-job, regulatory or employer rule violations, or unsatisfactory time and attendance patterns, coupled with a specific contemporaneous event that indicates probable drug use. 2. The employer will make a written record of the observations leading to a reasonable suspicion drug test within 24 hours of the observations or before the results of the drug test are released, whichever is earlier. The supervisor or company official who made the observations must sign this record. e. Alcohol Specific Requirements 1. For alcohol, the observations must be made just before, while, or just after the driver has ceased perfonning safety-sensitive functions. 2. The person who makes the detennination that reasonable suspicion exists to conduct an alcohol test may not conduct the alcohol test. 3. If the test is not administered within 2 hours following the supervisor's observation and detennination that a reasonable suspicion of alcohol violations exists, the employer will prepare and maintain on file a record stating the reasons. If the alcohol test is not administered within 8 hours the - employer will stop attempts to administer the test and will prepare and maintain a record stating the reason. - December 1995 9 4. Once behavioral, speech, and perfonnance indicators show a driver is under . the influence of or impaired by alcohol, the driver will not report for, or remain on duty requiring the perfonnance of safety-sensitive functions. 5. The employer will not pennit a driver to perfonn or continue to perfonn safety-sensitive functions if the employer has a reasonable suspicion the driver is under the influence of alcohol until: (a) An alcohol test shows the driver's alcohol concentration is less than .02; or (b) 24 hours have elapsed following the detennination of reasonable suspicion. 6, Other than requiring a driver to take an alcohol test, the Commercial Driver's License regulation (49 CFR Part 382) does not authorize the employer to take any action against the driver based solely on the driver's behavior and appearance with respect to alcohol use until the driver takes, or refuses to take, an alcohol test. However, the employer may take any lawful action against the driver which the employer desires if the employer has independent authority to do so, 7.5 Return to Duty Testing. Any driver who has engaged in prohibited drug or alcohol use -:. (positive drug test; alcohol test at .04 or above) must undergo a drug or alcohol test before returning to duty requiring the perfonnance of safety-sensitive functions. The drug test must indicate a verified negative result for drug use. The alcohol test must indicate an alcohol concentration of less than .02. 7.6 Follow-up Testing. A driver returned to duty in accordance with subsection 7.5 is subject to follow-up testing: a. Following a detennination by a substance abuse professional that a driver needs help in resolving drug or alcohol abuse problems, the employer will adIIÚnister unannounced follow-up drug or alcohol testing as directed by a substance abuse professional. At least 6 tests are required in the first 12 months following the driver's return to duty. The substance abuse professional may require both alcohol and drug tests. b, Alcohol Specific Requirement The employer will conduct follow-up alcohol testing only just before, while, or just after the driver perfonTIS safety-sensitive functions. - ~ December 1995 10 . . SECTION 8. DRUG TESTING PROCEDURES 8.1 General Guidelines. The following testing procedures will be followed in conducting tests under this program: a. Drug testing will be performed utilizing urine samples. A split sample method of collection will be used. b. Tests for marijuana, cocaine, opiates, amphetamines and phencyclidine will be performed. c. Upon notification that a drug test is required, a driver will report immediately to a drug collection site and provide a specimen of his/her urine. Since delay in reporting to a site after notification can adversely affect the outcome of a test result, the time allowed for drivers to report for drug testing after receiving notice will be travel time plus thirty (30) minutes. 8.2 Collection Sites (For Urine Specimens) In order to provide maximum convenience to employees of consortium members, the . program will utilize the services of numerous collection sites throughout the state. A listing of collection sites used under this program is included in Tab 6. Each collection agency will comply with all methods and procedures of 49 CFR Part 40, Procedures for Transportation Workplace Drug Testing Program. and will provide necessary reports to Consortium members it serves, showing compliance. a. Split Specimen Samples A split sample of at least 45 ml of urine will be collected--30 m1 for the primary sample and 15 m1 for the split sample. If a 60 m1 collection container or single specimen bottle is used, the collection site personnel will divide the specimen into two specimen bottles in the presence of the donor. Both bottles will be shipped in a single shipping container, together with copies 1,2, and the split specimen copy of the chain of custody form, to the laboratory. If the test result of the primary specimen is positive, the MRO will, if requested by the employee within 72 hours after being notified of the test result, direct a different DHHS-certified laboratory to test the split specimen. The result of the second test will be provided to the MRO. If the result of second test fails to confirm the drugs found in the primary sample, the test will be canceled. - - December 1995 11 b. Privacy . Unless there is a reason to believe that a particular individual may alter or substitute the specimen, procedures for collecting urine specimens will allow individual privacy. The following circumstances are the only grounds for a reason to believe the individual may tamper with a specimen and which justify the use of monitoring procedures or direct observation of the donation of the urine specimen: 1. The specimen falls outside the normal temperature range and the employee either declines to allow a measurement of oral body temperature or oral body temperature varies by more than 1.8 degrees Fahrenheit from the specimen temperature, 2, The last urine specimen provided by the employee was detennined by the lab to have a specific gravity of less than 1.00 and a creatinine concentration below ,2glL. 3. The collection site person observes conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample. . . . 4, In the case of follow up testing, the employee has previously been determined to have used a controlled substance without medical authorization. - '_õ' .."",~ 5. A higher-level supervisor of the collection site person, or a designated employer representative will review and agree in advance of any decision to obtain a specimen under the direct observation of a same gender collection site person. c, The employee may not be required to waive liability with respect to negligence on the part of any person participating in the collection, handling or analysis of the specimen or to indemnify any person for the negligence of others. d. If the employee refuses to cooperate with the collection process, the collection site person will infonn the employer representative and will document the non- cooperation on the drug testing custody and control form. e. Samples that yield positive results on confirmation must be retained by the laboratory in properly secured, long-tenn, frozen storage for at least one year. Within this one- year period, the employee or hislher representative, the consortium member, or the authorized federal or state agencies may request that the laboratory retain the sample for an additional period. If, within the one-year period, the laboratory has not - - December 1995 12 . , . received a proper written request to retain the sample for a further reasonable period specified in the request, the sample may be discarded. g. Since some analytes may deteriorate during storage, detected levels of the drug below the detection limits established in the DOT Procedures, but equal to or greater than the established sensitivity of the assay, must, as technically appropriate, be reported and considered corroborative of the original positive results. 8.2 Medical Review Officer (MRO). The MRO for this policy is: Deitmar Hanns-Jurgen Bennet M.D. Patty Pepper, M.D. c/o Chern Review 1424 W. Century Avenue, Suite 106 Bismarck, ND 58501 (800) 759-8510 . An essential part of the drug testing program is the final review of confirmed positive results from the laboratory. A positive test result does not automatically identify an employee or applicant as having used dugs. An individual with a detailed knowledge of possible alternate medical explanations is essential to the review of the results. This review is perforrned by the MRO prior to giving the results to the employer. The MRO is a licensed physician with knowledge of substance abuse disorders. A list of the MRO's duties can be found at 49 CPR sections 382.407 and 382.408 and Part 40 of the federal regulations. Those duties include: a. Notifications to the Employer The medical review officer may report to the employer in any manner, but must forward a signed written notification within three business days of completion of the medical officer's review. The report shall include: 1. Indication that the drug test met the requirements of part 40 drug testing procedures; 2. The name of the person tested; 3. The type of test; - 4. The date and location of the specimen collection; - December 1995 13 5. The identity of the persons/entities performing collection, analysis and the . MRO; 6. The verified results of the drug test and, if positive, the identity of the drugs testing positive; and 7. The fact that the MRO made reasonable efforts to contact the driver. b, Recordkeeping The MRO will keep the following records: 1. Positive drug test results for five years. 2. Negative and canceled drug test results for one year. c, Confidentiality The MRO cannot release individual drug test results without first obtaining a specific, written authorization from the tested driver. Nothing, however, shall prohibit a medical review officer from releasing, to the employer or to officials of the Secretary . of Transportation, any DOT agency, or any State or local officials with regulatory authority over the controlled substances testing program, information relating to test results. d. Medical Review Duties The Medical Review Officer is responsible for the following: 1. Review the results of drug testing before they are reported to the employer. 2. Review and interpret each confirmed positive test result as follows to determine if there is an alternative medical explanation for the confmned positive result: (a) Conduct a medical interview with the individual tested. (b) Review the individual's medical history, or any other relevant biomedical factors. (c) Review all medical records made available by the individual tested to determine if a confmned positive test resulted from legally prescribed medication. (d) Verify that the laboratory report and assessment are correct. - ~ December 1995 14 . 3. If the MRO concludes there is a legitimate medical explanation, other than prohibited drug use, for a confirmed positive result the MRO will declare the test to be negative. 4. Review the chain of custody to ensure that it is complete and sufficient on its face. 5. Contact the tested individual directly, on a confidential basis, to determine whether the employee wishes to discuss the test result. If, after making all reasonable efforts and documenting them, the MRO is unable to reach the individual directly, the MRO will contact the employer's designated management official who will direct the individual to contact the MRO as soon as possible. 6. The MRO will not disclose to any third party any medical information provided by the individual except, the MRO may disclose such information to the employer, a DOT agency or a physician responsible for determining the medical qualification of the employee under an applicable DOT agency regulation only if: . (a) An applicable DOT regulation permits or requires such disclosure; or (b) In the MRO's reasonable judgment, the information could result in the employee being determined to be medically unqualified under an applicable DOT agency rule; or (c) In the MRO's reasonable judgment, the information indicates that continued performance by the employee of a safety-sensitive function could pose a significant safety risk. 7. Before obtaining medical information from the employee as part of the verification process, the MRO will inform the employee that information may be disclosed to third parties and the identity of any parties to whom the information may be disclosed. 8. The MRO may verify a test as positive without direct communication with the employee if the employee expressly declines the opportunity to discuss the test or if the designated employer official has made and documented a contact with the employee and more than five days have passed without the MRO receiving any communication from the employee. If such a verification occurs, the employee may present the MRO information documenting unavoidable circumstances which prevented the employee from timely contacting the MRO. Based on thìs information, the MRO may reopen the ~ verification. December 1995 15 9. Following the verification of a positive test result, the MRO will, as provided . in the employer's policy, refer the case to the employer's employee assistance program, to the employer's management official empowered to recommend or take administrative action, or both. 10. Before the MRO verifies a confirmed positive result for opiates, the MRO will determine there is clinical evidence, in addition to the urine test, of unauthorized use of any opium, opiate, or opium derivative. 11. If the employer has used a single sample method, the MRO will notify each employee who has a confirmed positive test that the employee has 72 hours in which to request a re-analysis of the original specimen, If the employee makes such a request, the MRO will order, in writing, are-analysis. 12. If the MRO questions the accuracy of any test result, only the MRO may require that the original specimen be re-analyzed. 13. Determine whether and when an employee who refused to take or did not pass a drug test administered under DOT procedures may be returned to duty. 14. Determine a schedule of unannounced testing in consultation with the . operator for an employee who has returned to duty. 15. Ensure that an employee has been drug tested in accordance with DOT --- procedures before the employee returns to duty. 8.3 Testing Laboratory. The testing laboratory for this policy is: MEDEXPRESS 4022 Willow Lake Blvd. Memphi S I TN 38118 Phone: 800/526-6339 Fax: 701/258-2637 The testing laboratory will comply with all methods and procedures of 49 CFR Part 40 and will provide annual reports to The Consortium and to each consortium member showing compliance. In the event that the designated laboratory is unable to satisfactorily perfoffi1 services required under this program, The Consortium will designate an alternative laboratory , - ~ December 1995 16 T , . a. The Consortium, through AdMed, will have a written contract with the lab which will require the lab to: 1. Maintain employee test records in confidence; and 2. Disclose information related to a positive drug test to the individual, the employer, or the decision maker in a lawsuit or other proceeding initiated by or on behalf of the individual and arising from a certified positive drug test. b. Drug testing labs must be secure at all times and must restrict access to specifically authorized individuals whose authorization is documented. Documentation of individuals accessing drug testing areas, dates, and time and purpose of entry will be maintained. c. Reporting Results 1. The lab will report test results to the employer's Medical Review Officer. Before any test result is reported, it will be reviewed and the test certified as an accurate report by the individual conducting the test. 2. Only confirmed positive specimens will be reported positive for a specific . drug. 3. The lab may transmit results to the Medical Review Officer by various electronic means so long as they are designed to ensure confidentiality by limiting access to the transmission. Results may not be provided verbally by telephone. 4. The lab will provide a monthly statistical summary of urinalysis testing for each employer and the consortium. This analysis will not include any identifying information so that it is not likely that information about individual's tests can be inferred. This summary will be delivered to each employer by registered or certified mail not more than 14 calendar days after the end of the month covered by the summary. d. Quality Assurance and Quality Control 1. All drug testing labs must have quality assurance and control procedures to monitor each step of the drug testing process. As part of the quality control process the consortium will submit blind samples on behalf of consortium members. The consortium will submit three blind performance test specimens for each 100 employee specimens it submits for testing, up to a maximum of - 100 blind performance test specimens per quarter. - December 1995 17 2. The consortium will provide documentation to participating members . showing the number of blind samples sent to the lab VS. the total number of samples submitted to the lab. e, Individual Access to Test and Laboratory Certification Results Any employee who has undergone a drug test will, upon making a written request, have access to any records relating to the employee's drug test and any records relating to the results of any relevant certification, review, or revocation of certification proceedings. 8.4 Collection Agencies (For Urine Specimens). In order to provide maximum convenience to employees, the program will utilize the services of numerous collection sites throughout the state, A listing of collection sites is contained in a separate section of this manual. Each collection agency will comply with all methods and procedures of 49 CPR Part 40 and will provide required reports. The consortium and the lab will develop and maintain a procedure for collection, shipment, and access to urine specimens which will include at a minimum: a. Use of a standard drug testing custody and control fonn which identifies data on the . donor and on the specimen collection and transfer process. b. Use of a clean, split specimen bottle that is securely wrapped until filled with the specimen. The bottle will only be unwrapped immediately before being given to the employee and in the presence of the employee to be tested. c. Use of a tamper proof sealing for the specimen bottle. d. Use of a shipping container that will prevent undetected tampering. e, Written procedures and instructions including emphasis that the collection site person is responsible for maintaining the integrity of the specimen collection and transfer, carefully ensuring the modesty and privacy of the donor; that the collection site person is to avoid any conduct or remarks that might be understood as accusations or which are offensive or inappropriate; that unless it is impracticable, a direct supervisor of an employee will not serve as the collection site person for that employee; that if a collection must be monitored by non-medical personnel, or is directly observed, the collection site person will be of the same gender as the employee giving the sample, ~ - December 1995 18 , . SECTION 9. ALCOHOL TESTING PROCEDURES 9.1 General Requirements. The general requirements for alcohol testing under this program are as follows: a. Alcohol testing will be performed using breath or saliva samples. b. Upon notification that an alcohol test is required, a driver will report for alcohol testing and provide a breath or saliva specimen. Since delay in reporting after notification can adversely affect the outcome of a test result, the time allowed for employees to report for alcohol testing after receiving notice will be travel time plus thirty (30) minutes. c. The party conducting alcohol tests will adhere to all requirements outlined in 49 CFR Part 40, Procedures for Transportation Workplace Alcohol Testing Program. 9.2 Screening Tests. Alcohol screening tests will be conducted in accordance with the following procedures: a. The screening test may be conducted using non-evidential alcohol screening devices, . either breath or saliva, or evidential breath testing devices (EBTs). b. Evidential Breath Testing Devices (EBTs) Procedures. 1. The Breath Alcohol Technician and the driver will complete sections one and two, respectively, of the Breath Alcohol Testing Form, a sample of which is found in Appendix A of the 'Rules' section. If the driver refuses to sign this certification, the driver will be considered to have refused to take the alcohol test. 2. An individually-sealed mouthpiece will be opened in front of the employee and the Breath Alcohol Technician (BAT) and will be attached to the Evidential Breath Testing Device (EBT). 3. The Breath Alcohol Technician will tell the employee to blow forcefully into the mouthpiece for at least 6 seconds or until the EBT indicates that an adequate amount of breath has been obtained. 4. If the result of the test is an alcohol concentration of less than .02, the Breath Alcohol Technician will date and sign the certification in Step 3 of the Breath Alcohol Testing Form. The driver will sign the certification and fill in the date in Step 4 of the form. ,. - December 1995 19 5, If the driver does not sign Step 4 of the fOnTI, the Breath Alcohol Technician . will note such failure in the "Remarks" section of the fOnTI. The driver's failure to sign Step 4 of the fonn does not constitute a refusal to be tested. 6, If the test result is an alcohol concentration of less than .02, no further testing is authorized for that particular test session. The Breath Alcohol Technician will transmit the results to the employer in a confidential manner and the employer will store the test results. Statistical infonnation about alcohol test results will be provided to the consortium for compilation and distribution to consortium participants. 7. If the result of the initial test is an alcohol concentration of .02 or greater, a confinnation test will be perfonned. If the confirmation test is completed by a different Breath Alcohol Technician, the original Breath Alcohol Technician will complete and sign the Breath Alcohol Testing Fonn and provide the driver with Copy 2 of the fonn. c. Saliva and Other Non-EBT Procedures 1. Only certified screening devices may be used, The test will be conducted by a screening test technician (STT) who has completed a course of instruction and demonstrated a proficiency in using the device, .. 2. The location for the test will meet the same privacy requirements as for an EBT. The SIT will supervise only one driver at a time and will remain with :-:"-~ the driver during the test. 9.3 Confirmation Tests. If the result of the initial test is an alcohol concentration of .02 or greater, another alcohol test will be completed to confirm the results, If the confirmation test is conducted at a different site, the driver will be monitored during transit by the BATor other designated person. The driver will not be allowed to drive, perfonn safety-sensitive functions, or operate heavy equipment during the waiting period All EBTs used for confinnation tests must be capable of providing a printed result in triplicate and assigning a unique sequential number to each test. The confinnation test will be administered as follows: a, Waiting Period 1. The Breath Alcohol Technician will wait at least IS minutes, but no longer than 30 minutes, after the completion of the initial test before administering the confirmation test. If the confmnation test is not done within 30 minutes the test will still be valid, -- December 1995 20 , . . 2. The driver is not to eat, drink, put any object or substance in his or her mouth, and not to belch during the waiting period before the confIrmation test. 3. The reason for the waiting period and the restrictions on the driver's activities during that time is for the employee's benefIt to prevent any accumulation of mouth alcohol leading to an artifIcially high reading. 4. The test will be conducted at the end of the waiting period, even if the employee has disregarded the instruction regarding the limitation of activities during the waiting period. 5. If a driver does not comply with the waiting period instruction, the Breath Alcohol Technician will so note in the "Remarks" section of the Breath Alcohol Testing Form. b. If a Breath Alcohol Technician other than the one who conducted the initial test is conducting the confIrmation test, the new BAT will use a new Breath Alcohol Testing Form and will require the driver to complete the appropriate sections both before and after testing. . c. A new mouthpiece will be used for the confIrmation test and the same procedures will be used for administering the test as were used in administering the initial test. d. The Breath Alcohol Technician will ensure that the EBT registers 0.00 on an air blank before administering the confIrmation test. If the reading is greater than 0.00, testing will not proceed using that instrument. However, testing may proceed on another instrument. e. If the initial and confmnation test results are not the same, the confIrmation test result is considered to be the fInal result upon which any action in regard to the driver will be based. 9.4 Problems With Testing. The following is a list of procedures to be followed in the event of testing problems: a. Refusals to test and uncompleted tests 1. Refusal by a driver to complete and sign the Breath Alcohol Testing Form Step 2, to provide an adequate amount of breath, or otherwise to cooperate with the testing process in a way that prevents the completion of the test, will be noted by the Breath Alcohol Technician in the "Remarks" section of the Breath Alcohol Testing Form. The Breath Alcohol Technician will end the - ,~ctestingprocess and will immediately notify the employer.. ~ .,- .-. '.,.,-'- - December 1995 21 2. If a screening or confmnation test cannot be completed, or if an event occurs . that would invalidate the test, the Breath Alcohol Technician will, if practicable, begin a new test using a new Breath Alcohol Testing Fonn, b, Inability of Dri ver to provide an adequate amount of breath If a driver is unable, or alleges that he or she is unable, to provide an amount of breath sufficient to complete a breath test because of a medical condition, the following procedures will be followed: 1. Breath Alcohol Technician (a) The Breath Alcohol Technician will tell the driver to try to provide an adequate amount of breath. If the driver refuses to make the attempt, the Breath Alcohol Technician will immediately infonn the employer. (b) If the driver attempts and fails to provide an adequate amount of breath, the Breath Alcohol Technician will so note in the "Remarks" section of the Breath Alcohol Testing Form and immediately infonn the employer. 2. Employer ~. (a) The employer will tell the driver to obtain, as soon as practical after the attempted provision of breath, an evaluation from a licensed physician concerning the employee's medical ability to provide an adequate amount of breath, (b) If the physician detennines, in his or her reasonable medical judgment, that a medical condition has prevented the driver from providing an adequate amount of breath, the driver's failure to provide an adequate amount of breath will not be considered a refusal to take the test. (c) If the physician is unable to detennine that a medical condition has prevented the driver from providing an adequate amount of breath, the driver's failure to provide an adequate amount of breath is considered a refusal to take the test. (d) The physician will provide the employer a written statement of the basis for the physician's conclusion, c, Invalid Tests A breath alcohol test will be invalid under the following circumstances: - - December 1995 22 , . . 1. The next external calibration check of an EBT shows that the machine is inaccurate. In this event, every test result of .02 or greater obtained on the device since the last valid external calibration check is invalid. 2. The Breath Alcohol Technician does not observe the minimum 15-minute wait period prior to a confmnation test. 3. The Breath Alcohol Technician does not perform an air blank of the EBT before a confmnation test, or an air blank does not result in a reading of 0.00 prior to or after the administration of the test. 4. The Breath Alcohol Technician does not sign the Breath Alcohol Testing Form as required. 5. The Breath Alcohol Technician does not note on the "Remarks" section of the Breath Alcohol Testing Form that the employee has failed or refused to sign the form following the recording or printing on or attachment to the form of the test result. 6. The EBT fails to print a confirmation test result. . 7. There is a difference between the sequential test number or alcohol test result displayed on the EBT and the sequential test number or alcohol test result on the printed result. 9.5 Testing Sites. The following shall apply to alcohol testing sites used in this program: a. The testing location must provide the driver being tested with privacy sufficient to prevent unauthorized people from seeing or hearing test results. b. Access to the testing location will be limited to authorized people when the EBT is not in a secure place or, when testing is being conducted. c. The only time a test will be conducted outside of the selected testing site will be when it is essential to perform the test at the scene of an accident. The employer will provide the employee with the greatest privacy possible under such circumstances in an effort to prevent unauthorized people from seeing or hearing test results. 9.6 Breath Alcohol Technician (BAT). The following shall apply to breath alcohol technicians under this program: a. Training - - December 1995 23 1. The BAT must be trained to proficiency in the operation of the EBT he or she . is using and in the alcohol testing procedures of 49 CPR Part 40. 2, Proficiency is demonstrated by successful completion of a course which provides training in EBT methodology, operation, and calibration checks; the fundamentals of breath analysis for alcohol content; and the procedures required for obtaining a breath sample, and interpreting and recording EBT results. 3. Courses must be equivalent to a DOT model course as detennined by the National Highway Traffic Safety Administration (NHTSA). NHTSA will review a BAT instruction course for equivalency. 4. The course must provide documentation that the BAT has demonstrated competence in the operation of the specific EBT(s) he or she will use, 5. Any BAT who will perfonn an external calibration check of an EBT will be trained to proficiency in conducting the check on the particular model of EBT, to include practical experience and demonstrated competence in preparing the breath alcohol simulator or alcohol standard, and in maintenance and calibration of the EBT. 6. The BAT must receive additional training as needed to ensure proficiency '. .~- concerning new or additional devices or changes in technology that the BAT will use. . - b, Parties Who May Act as a BAT 1. Generally the direct supervisor of an employee may not act as BAT for that employee's alcohol test. However, a BAT qualified supervisor of an employee may conduct the alcohol test for that employee if, and only if, another BAT is unavailable to perfonn the test in a timely manner. 2. Law enforcement officers certified by state or local governments to conduct breath alcohol tests are deemed to be qualified as BATs. Such officers must be certified to use the EBT that is used for the test to qualify under DOT alcohol testing requirements. c. The BAT will not leave the alcohol testing location while the testing procedure is in progress. d. The BAT will require the driver to provide positive identification when the driver enters the alcohol testing location. Positive identification will be through the use of a photo LD. card or identification by an employer representative. - - December 1995 24 , . . The BAT will provide the driver with positive identification if the driver makes such e. a request. f. The BAT will explain the testing procedure to the driver before starting the testing process. g. If the EBT provides a printed result, but does not print the results directly onto the Breath Alcohol Testing Form, the Breath Alcohol Technician will show the driver the result displayed on the EBT. The Breath Alcohol Technician will then affix the test result printout to the Breath Alcohol Test Form using a method that will provide clear evidence of tampering. h. If the EBT prints the test results directly onto the Breath Alcohol Testing Form, the Breath Alcohol Technician will show the employee the result displayed on the EBT. I. Reporting of test results to the employer 1. The Breath Alcohol Technician will transmit all test results to the designated employer representative in a confidential manner. . 2. If the results require the employer to prevent the driver from performing a safety-sensitive function the Breath Alcohol Technician will ensure the results are transmitted immediately. 3. Such transmission may be in writing, in person, by phone or electronically. 4. If the initial transmission of test results is not in writing, the Breath Alcohol Technician will follow the initial transmission by providing the employer with a copy of the Breath Alcohol Testing Form. - - December 1995 25 . 9.7 Employer Duties. The employer's duties in conducting alcohol testing under this . program include: a. Breath Alcohol Testing form 1. The employer will ensure that the Breath Alcohol Technician uses the three- part form required by the federal regulations. 2. The parts of the form are as follows: Copy 1 (white) will be kept by the BAT; Copy 2 (green) will be given to the employee; Copy 3 (blue) will be transmitted to the employer for recordkeeping. b. The employer will designate one or more employer representatives for the purpose of receiving and handling alcohol testing results in a confidential manner. All communications by Breath Alcohol Technicians concerning alcohol test results will be to a designated employer representative. c, If test results are reported in any way other than writing, the employer will verify the identity of the Breath Alcohol Technician. d. The employer will establish documentation of the training and proficiency of each Breath Alcohol Technician it uses to test employees. 7. .. e. The employer will comply with the NHTSA-approved quality assurance plan for each EBT it uses for alcohol testing including: ." 1. ensuring that external calibration checks of each EBT are performed as required; 2. taking an EBT out of service if any external calibration check results in a reading outside tolerance levels; 3. ensure that inspection, maintenance and calibration of each BBT are performed by appropriate parties; 4. ensure that each Breath Alcohol Technician who performs an external calibration check is qualified to do so; and 5, store the EBT in a secure space when it is not in use at a testing site. - - December 1995 26 . .. . SECTION 10. INFORMATION AND TRAINING 10.1 Education. Every employee covered by this policy will receive the following drug and alcohol use education prior to the start of testing: a. Person available to answer questions about the materials; b. Categories of drivers subject to testing; c. Description of safety-sensitive position; d. Specific infonnation on conduct which is prohibited; e. Circumstances when drivers will be tested; f. Testing procedures to protect the driver and integrity of testing process; g. Requirement that testing is required; h. Explanation of refusal to submit to testing and the consequences; . I. Consequences of engaging in prohibited conduct; J. Consequences of alcohol concentration of 0.02 or greater, but less than 0.04; k. Infonnation on effects of substance abuse on an individual's health, work, and personal life; signs of a substance abuse problem; and available methods of intervening when a problem is suspected. This infonnation may consist of the employer's substance abuse prevention program and policy. MMUA also has a videotape you may rent - 'Whatever Happened to Dick and Jane' - that would help meet this requirement. The policy will be made available to each employee and displayed in the work area. Each employee will sign a statement certifying that the employee has received a copy of the materials. If drug or alcohol counseling and/or rehabilitation is available through the employer, infonnation about such assistance will be given to each employee and displayed in the work area. 10.2 Supervisor Training. Every supervisor covered by this policy who will determine whether a driver must submit to - a reasonable suspicion drug or alcohol test will receive at least two hours of training on the - specific, contemporaneous physical, behavioral, speech, and perfonnance indicators of December 1995 27 . . probable drug or alcohol abuse. One hour will cover alcohol misuse and one hour will relate . to drug use. A list of each management or supervisory position which will be subject to EAP training is attached to this policy as Appendix C, SECTION 11. DRIVER REFERRAL, EVALUATION AND TREATrvIENT 11.1 Drivers Engaged In Prohibited Drug/Alcohol Use. A driver who has engaged in prohibited conduct (See section 6) will be: a. Immediately removed from the performance of safety-sensitive functions; b. Advised by the employer of resources available to the driver in evaluating and resolving drug or alcohol abuse problems including names, addresses, and phone numbers of substance abuse professionals and counseling and treatment programs; c, Evaluated by a substance abuse professional to determine what assistance, if any, is necessary; d. Subject to return to duty drug and alcohol tests. For drugs, the driver must have a negative test result before being allowed to perform safety-sensitive functions. For . alcohol, the driver must have a test result of less than .02 before being allowed to ",,- perform safety-sensitive functions. 11.2 Drivers Identified as Needing Assistance. Drivers identified as needing assistance --~ will be: a, Evaluated by a substance abuse professional to determine that the driver has followed any rehabilitation program properly; b. Subject to unannounced follow up drug or alcohol tests under the following guidelines: 1. The number and frequency of follow up tests will be determined by a substance abuse professional and will consist of at least six tests in the first twelve months; 2. The employer may direct the employee to undergo return to duty and follow up drug or alcohol tests if the substance abuse professional determines such tests are necessary; 3. Follow-up testing will not exceed 60 months from the date of the driver's return to duty; and - - December 1995 28 . '. 4 . 4. The substance abuse professional may end testing after the fIrst six tests if such tests are no longer necessary. 11.3 Evaluation and Treatment Services. The following shall apply to evaluation and treatment services provided under this program: a. Evaluation and rehabilitation may be perfonned by a substance abuse professional provided by the employer; a substance abuse professional under contract with the employer; or by a substance abuse professional not affIliated with the employer; b. The employer will ensure the substance abuse professional who determines a driver needs assistance does not refer the driver to the substance abuse professional's private practice; an entity from which the substance abuse professional receives remuneration; or an entity in which the substance abuse professional has a fInancial interest unless such assistance is provided by a public agency; the employer or an entity under contract with the employer; the sole source of treatment under the driver's health insurance program; or the sole source of treatment reasonably accessible to the driver. . c. The choice of substance abuse professional and assignment of costs will be made based on employer policies and agreements between the employer and drivers. 11.4 Scope. The policies governing the referral, evaluation and treatment of drivers do not apply to applicants who refuse to submit to pre-employment tests or to applicants having a verifIed positive pre-employment drug test result or a pre-employment alcohol test result of .04 or greater. - - December 1995 29 . .' SECTION 12. RECORDKEEPING . 12.1 Security and Inspection. The employer will maintain records of its drug and alcohol programs in a secure location with controlled access for the periods specified. These records will be available for inspection at the employer's principal place of business within two business days of a request by an authorized representative of the Federal Highway Administration. 12.2 Time-Frame for Record Retention. Records will be retained for the following periods: a, Records to be kept for 5 years: 1. Verified positive drug test results and alcohol test results indicating an alcohol concentration of .02 or greater; 2. Documentation of refusal to take drug or alcohol tests; 3. Driver evaluation referrals; 4. Annual Calendar year summary prepared pursuant to section 382.403. b. Records to be kept for 2 years: ~. 1. Other records relating to the collection/testing process; .. 2. Training records, c. The employer will keep negative and canceled drug test results for one year, The employer will keep alcohol test results with a concentration of less than .02 for one year. 12.3 Records to be Kept. The employer will maintain the following records: a. Records relating to the collection process including: 1. Collection logbooks, if used; 2. Random selection process documents; 3. Documents related to decisions to administer reasonable suspicion tests; 4, Documents related to decisions on post-accident tests; - - December 1995 30 " '. . . 5. Medical explanations for the inability of a driver to provide a urine sample for testing; 6. Consolidated annual calendar year summaries; 7. Alcohol Specific Requirements (a) Calibration documentation for evidential breath testing devices; (b) Documentation of Breath Alcohol Technician; Training. b. Records related to drivers' test results: 1. Drug Specific Requirements (a) Employer's copy of the drug test chain of custody and control form; (b) Documents sent by the MRO to the employer; 2. Alcohol Specific Requirements Employer's copy of the alcohol test form, including test results; 3. Documents related to drivers' refusal to submit to a required test; . 4. Documents submitted by drivers to dispute test results. c. Records related to other violations of the law governing drug or alcohol programs; d. Evaluation records including records pertaining to a substance abuse professional's determination of a driver's need for assistance; and records concerning a driver's compliance with the recommendations of a substance abuse professional. e. Education and training records including: 1. A wareness records including the employer's drug and alcohol abuse policy; 2. Documentation of compliance with education requirements including each driver's signed receipt of educational materials; 3. Documentation of supervisor training for reasonable-suspicion testing; 4. Certification that all training complies with regulatory requirements. f. Drug testing records including: 1. Agreements with collection sites, labs, MRO's and the Consortium; - December 1995 31 . . 2. Names and positions of officials and their roles in the employer's testing . program; 3. Monthly lab statistical summaries of urinalysis; 12.4 Management Information System. The employer will prepare and maintain an annual calendar year summary of the results of its drug and alcohol testing program for the previous calendar year by March 15 of each year. If notified in January, the employer is required to submit the report to the Federal Highway Administration by March 15. a. Drug Specific Requirements of the Summary 1. Calendar year summaries that indicate one or more verified positive drug tests will include the following infonnation: (a) Number of drivers subject to part 382; (b) Number of drivers subject to drug use rules of more than one DOT agency, organized by DOT agency; (c) Number of urine specimens collected, organized by type of test; (d) Number of positive drug tests, and type of drugs, verified by a MRO, organized by type of test; (e) Number of negative drug tests verified by a MRO, organized by type '. of test; (f) Number of persons denied a position by pre-employment test; (g) Number of drivers verified positive for multiple drugs; (h) Number of drivers who refused testing; (i) Number of supervisors who received drug training during the year; U) Number of drivers returned to duty who previously had a verified positive drug test; (k) Number of drivers given a drug and alcohol test at the same time who had a verified positive drug test and an alcohol concentration of .04 or greater; (1) Number of drivers violating non-testing provisions of the federal regulations and any responsive action. - - December 1995 32 . I . . ~-'-_.-. . . 2. Calendar Year Summaries with no violations can be recorded on an "EZ" report form containing: (a) Number of drivers subject to part 382; (b) Number of drivers subject to the drug use rules of more than one DOT agency, organized by DOT agency; (c) Number of urine specimens collected, organized by type of test; (d) Number of negative test results verified by an MRO, organized by type of test; (e) Number of drivers who refused testing; (t) Number of supervisors who received drug training during the year; (g) Number of drivers returned to duty who previously had a verified positive drug test. b. Alcohol Specific Requirements 1. Calendar year summaries that indicate one or more alcohol test result of .02 or greater, or any other of the alcohol misuse provisions of Subpart B will include the following information: - (a) Number of drivers subject to part 382; (b) Number of drivers subject to testing under the alcohol misuse rules or -- more than one DOT agency, organized by DOT agency; (c) Number of persons denied a position by pre-employment alcohol test; (d) Number of drivers who refused testing; (e) Number of supervisors who received alcohol training during the year; (t) Number of screening alcohol tests, by type of test; (g) Number of confirmation alcohol tests, by type of test; (h) Number of confirmation alcohol tests indicating alcohol concentration of .02 or greater, but less than .04, by type of test; (i) Number of confirmation alcohol tests indicating an alcohol concentration of .04 or greater, by type of test; G) Number of drivers returned to duty who previously engaged in prohibited alcohol misuse under these regulations; (k) Number of drivers given a drug and alcohol test at the same time who had a verified positive drug test and an alcohol concentration of .04 or greater; (1) Number of drivers violating non-testing provisions of these regulations and any responsive action. 2. Calendar Year Summaries with no alcohol screening tests of .02 or greater can file an "EZ" report form containing: (a) Number of drivers subject to part 382; - December 1995 33 . , . (b) Number of drivers subject to the alcohol misuse rules of more than . one DOT agency, organized by DOT agency; (c) Number of drivers who refused testing; (d) Number of supervisors who received alcohol training during the year; (e) Number of screen alcohol tests by type of test; and (f) Number of drivers returned to duty who previously engaged in prohibited alcohol misuse. c. Employers subject to more than one DOT alcohol or drug program will identify each driver covered by more than one DOT agency. The identification will be by the total number of covered functions. Prior to conducting any drug test on any such driver, the employer will detennine which agency rules authorize or require the test. The employer will direct the test results to the appropriate DOT agency or agencies. d. The Consortium will prepare annual calendar year summaries and reports for the employer. However, the employer will sign and submit such a report and will remain responsible for ensuring the accuracy and timeliness of each report the consortium prepares on its behalf. SECTION 13. ACCESS TO FACILITIES AND RECORDS 13.1 Employer Records. Access to facilities and records held by the employer shall be as - follows: - a. The employer will not release driver infonnation that is contained in drug or alcohol program records except as required by law or expressly authorized by the driver. b. A driver is entitled, upon written request, to obtain copies of any records pertaining to the driver's use of drugs or alcohol, including any test records. The employer will promptly give these records to the driver and will not make access to the records contingent upon payment for records other than those specifically requested. c. The employer will pennit access to all facilities utilized in complying with the drug and alcohol program laws to federal, state and local officials with regulatory authority over the employer or its drivers. d. The employer will make all drug or alcohol test results and other program infonnation available to federal, state and local officials with regulatory authority over the employer or its drivers when requested. e, The employer will disclose infonnation related to the employer's administration of post accident tests when requested by the National Transportation Safety Board as part of a related accident investigation. - December 1995 34 , .J... .. . f. The employer will provide records to subsequent employers upon written request from a driver and only as expressly authorized by the terms of the driver's request. g. The employer may provide information to a driver or decision maker when a grievance or other proceeding has been initiated by or on behalf of the driver which arises from the results of a drug or alcohòl test given by the employer, or from the employer's determination that the driver engaged in prohibited conduct. Such proceedings may pertain, but are not limited to, workers compensation, unemployment compensation or other benefits sought by the driver. h. The employer will release information regarding a driver's records as directed by the specific, written consent of the driver authorizing the release of the information to an identified person and only in accordance with the terms of the driver's consent. 13.2 Previous Employer. Access to records held by a previous employer are as follows: a. The employer will obtain, pursuant to a driver's consent, information on the driver's positive drug test results; alcohol test results of .04 or greater and refusals to be tested for drugs or alcohol within the preceding two years. The employer will obtain and review this information no later than 14 days after the first time a driver performs a safety-sensitive function for the employer, even if the driver stops performing safety- . sensitive functions before 14 days have passed. The employer may not permit a driver to perform safety-sensitive functions after 14 days without obtaining the information. b. The employer may obtain, pursuant to a driver's written consent, any of the information concerning the driver which is maintained, under this part, by the driver's previous employers. c. The employer requesting information from previous employers within the previous 2 years must provide those employers with the driver's written authorization for release of the information. d. Release of information may be done by any method ensuring confidentiality. Each employer will maintain a written, confidential record with respect to each past employer contacted. e. The employer will not use a driver for safety-sensitive functions if the employer obtains information showing a verified positive drug test result; an alcohol test result of .04 or greater or a refusal to be tested unless the employer obtains information on a subsequent substance abuse professional's evaluation. - - December 1995 35 ~- -:.:::. ~',! . City of St. Joseph December 5, 1995 Dear Council Members , I am writing to you on behalf of the St. Joseph Babe Ruth organization and the Mayor's Task Force on Youth Athletic Facilities. Last spring I organized a 20 member Task Force to study the community needs for additional baseball and softball fields in St. Joseph and to discuss ways to improve Memorial Park by adding lights. As a result of this study it was decided that we negotiate with the St. Cloud School District and ask to use Kennedy Elementary School for the construction of another field to accommodate the need for more practice and game facilities. This negotiations was successfully completed on October 13, . 1995. We also set up a special account with the city to begin accumulating funds specifically for Memorial Park lights. My request to you is to ask for your assistance with these two projects. The more immediate need is the Kennedy field which will be constructed next spring. Memorial Park lights is a long range project (2 year) and needs continued funding. Enclosed are details of each project. Thank you for your continued support. ~~ Pat Schneider- Mayor's Task Force - chairperson 8889 Crestview Dr. St. Joseph, MN 56374 363-4113 home 656-3701 ext. 824 work NOTE: Donations may be sent to the address above. Checks written out to: St. JoseDh Babe Ruth for the Kennedy project and Cltv 01 St. JoseDh for the Memorial Park fights fund. If donations are in another format please indicate in a memo ( ie. First Aid Kit ). - - cc. Dennis Loecken - Babe Ruth President Kennedy Field Spring '96 . Item s needed Cost Vender Sod and 4" black dirt removal $500.00 Local contractor Bobcat labor Agrilime infield installed (4-6 in.) "red brine rock" same as U of M $141 yd "tan rec rock" Memorial Park field $12 I yd Avon Lime & 323 yds x $14 = $4522 or Local contractor 323 yds x $12 = $3876 Home plate and mound clay $52 per 7yds. deliv. McConnell Constr. Co, 252-4527 Backstop fence (installed) $2612.00 Bemboom Fencing 16 feet high ( see bid) 80 ' Baseline fence (2) (installed) $2430.00 Bemboon Fencing 8 feet high ( see bid) Water supplied $400 Local contractor ........................................................................ --...................... .................................... DONA TED ITEMS Wheel barrow Rake (2 regular 1 wide) 2 Shovels- (1 sand. 1 scoop) Broom (36") Packer -- -----.... --------- ----------- -....----------..--.. ---.. ------......__.--..-- SUPPLIES . First aid kit $96 or MacGregor p. 68 $98.95 Western Athletic p.70 Baseline chalker $61.00 or MacGregor p.34 $59.95 Western Athletic p.75 Aluminum team benches (4) 15' each $1512.00 or MacGregor p,42 $1745.00 Southern Bleachers "frame 2 dugouts 8 X 40 wI slab $500.00 Protective L-Screen $156.50 or MacGregor p.37 $169.95 Western Athletic p,79 Drag mat 6 X 6 $163.00 or MacGregor p.35 $229.95 Western Athletic p.75 1 set of bases $115.00 or MacGr6gor p. 'Z7 $129.95 Western Athletic p, 73 Home plate (inground style) $52.00 or MacGregor p. 27 $52.95 Western Athletic p.74 Pitching rubber $41.00or MacGregor p. 26 $63.95 Western Athletic p. 74 - Portable bathroom Aoril -July Babe Ruth - Sales tax (6.5%) $817.11 - ~ -- ~ . Kennedy Baseball Field - Estimated Expenses 121 1 / 95 A. Excavation. infield surface. clay. backstop fence. baseline fence and drinking water faucet. ESTIMATED COST: Between $9870 - $10,494 B. General supplies ( first aid kit. chalker. benches. etc.) ESTIMATED COST: Between $2695.45 - $3051.70 . C. Tax ESTIMATED COST: Between $753.92 - $812.74 Total estimated cost ~ Between $13319.37 - $14358.44 - - .-- . -,::_;~,~,;~~ ;-:::.:~-=::.:~.':.~~~..~, ~':.::. -.~'" .. _"_" ...... "'0 ...._. _ _ _ -:"-=..~~___:~ Craig Gallop .----~-.-~-..-- ~.- ....--.-.... -"-'-'-~' ..-.-..--,__ Sports Technology. Ine. . P.O. Box 2í231 ___-. G<Jlden Vallev, :-'1.'\ S5-!2í /--- Februa ry 8, 1995 .-612l533.203Õ -/----.-.;' f. '_. ~- , - .",.... , ... \ ~ .. ."'1 - /' :.1 . . .... ~- ' Pat SC11neid~r . (I Jr.;";': . (I f - '. ' . l 8889 Crestvle~ DrIve ...Y ¡ r'') _1_1 ¡l;,c . St. Joseph, HInnesota 563 ï 4 : fi,- {\-lO ' tl: f oJ ., / L-L· 1,.-- L.J.. , ' ,< ¡.¿. ~.\ Û .... ( '-. I-~.- . ¿ ~ ¡" .~..., , J ~ ¡IF'" ,,;. .' J, --.' ._. 1 \ . .. ~ -.. ... ..... \ (' !.... , ~ Re; St. Josep11 Base::,all Field l,ig1tting. / ~\r\.JC:·~~;""; " , ..- \ f ! ~ --:-: .. ~ "--- --.r-i\ ~ :.0.; - ',/ :r,I....;-' "t':· ./~. Dear Pat ¡ ----_________ -...---- It was nice meeting with you regarding the proposed lighting of your Qaseball facility. I am certain that the proòuct and technology that }íusco Lighting has developed offer substantial values. The ~fusco lighting system would provide St. Joseph with one of the nicest lit baseball fi~lds in central ~Iinnesota. We would light the field to 50 footcanèles infield and 30 footcandles outfield using the Light-Structure system. The 'Light-Structure consists of a five piece factory assembled, factory wired and factory aimed lig~ting system. The Light-Structure includes a pre-stressed concrete base, galvanizeð steel pole, remote electrical components, Dole wire harness arid pOle. top luminaire assembly. The" fixtures· and crDs~arms are factory. . mounted to the top section of the pole. The electrical component box ~ouses the ballasts, capacitors and fusing as well as a ther~al magnetic brea~er and is located 10' above ground. The "ire harness leads from the factory wired remote electrical component box to the factory 1~ired pole top assembly. T~e galvanizeà steel pole is maintenance-free 'and slides over the pre-stressed concrete pier. The pre-stressed concrete base eliminates"t~e use of anchor bolts "hich improves the safety of the area. The Light-Structure~as a ï year warranty on alle~~ipment with a 2 year warranty on lamps. The advanced }~sco'reflec~or design pro~ides 25% more light onto the field per fixture as compared to other metal halide lighting. This . provides the most en~rgy efficient lighting available. . The Level-8 glare control will eliminate 95% of the unwanted spill and glare light. This will make the lighting more environmentally friendly to the residential areas near the par~. The cost of the complete Light-Structure system including poles,' bases, fixtures, installation and unòerground electrical system will be $97,000 - $107,000. T11e variance deDends on if Level-8 glare co~trol is u~ed on some or all of the fixtures and how elaborate the electrical system is. We can also light the field and use a ~ease/purchase ~o extend payments 9ver time. The cost of five equal annual payments is $24,990. After .·the fifth payment you would own " ..,the lighting system._" . ':~~"'.' . .' ,.:: '. '._. " . - ':?..: ,',.:;'" :;:...., . . ,,'.. '.:'.. ;.' -....:. P." ..~: ,:.,1£.";<;.;C¿i-~';:':'.~.'··:?"·~.'-.:~·,:..·'·~·r'~'~:.'>::<:..' . ' ~'~'¡:~~·Y·<·? <';J~~ ease_fee 1 -..free" to .call if. there ar_e~ :any .:..que~tlons '..::!;'-:'.;~. ~:if;:.;-:;"'-,.;:..: .~>;.. ',':.- :}~~' ""':~' - (:·s~"':~".; ,,' . ·:'::;:<:~~"::r:·::':J~-·':··~·· ~!"'::~";~':~"~:;"':1'~~~":n71?î~~~~f~?;~~~;:Þ;'~~~r~~~è-. :~~':' " 'nce~\y,. ':i '··r·" ~ .<" 'n.' _:~' 7.7"~~ -, :,<:.:: ~ '-, ..... muse:' CJ : < . . ~ ' --. ®. :.:-:' .Crai·ç\ Gð,l op .' ':," , ~. .-' LlGhTiNG,I.NC.·U 7 ... ~~ .¿:. :...~~ '; .' .'.-: - '. '".. ~-,~; ~- ;~;:i;·:.~: ;-~: ':-;'i:~-":' . . . V RAJKOWSKI RANSMEIER LTD. Attorlleys at Law Reply to: st. Cloud ST. CLOUD 11 Seventh Avenue North February 26, 1996 P.O. Box 1433 St. Cloud, MN 56302-1433 612-251-1055 800'445'9617 Ms. Rachel Stapleton FAX 6120251·5896 st. Joseph Clerk Administrator P.O. Box 668 MINNEAPOLIS st. Joseph, MN 56374 2904 Plaza VII . RE: Lease for Communlty Garden 45 South Seventh Street Our File No. 17, 693 Minneapolis, MN 55402-1620 612'339'9206 Dear Rachel: 800'445'9617 FAX 6120251'5896 Enclosed herewith please find a draft of a simple Lease . for use with respect to the community garden. I have not required the tenant to carry liability insurance. INTERNET ADDRESS I assume that it would not be practical for the rajhan@cloudnet.com organization to incur the expense of insurance. It would be nice for them to have insurance, but I am assuming that insurance is not a feasible option. FRANKJ. R4/KOWSKI,t h I· .. h t . I ave a so lncluded a provls10n were he Clty can GORDONH.H.·INSMEIER . terminate the Lease at the end of any year. I have FREDERICKL.GRUNKE done so in the event there is some need for the City to THoMAsG.IlWANOVICH use the property for some other reason. The city can IOHNH.SCHERER either terminate the Lease totally, or use the PAULA.RAIK"\\'SKlt termination provision as the grounds for requiring the KEVIN F. GRAY t~nant t'? relocate tt;e gar<;1ens. . I don' t ~nt~cipate the Clty havlng to exerClse thls optlonl but lt lS at least WILL/AMJ.C\>lI.\1AN available if some unforeseen need arises. R:CHARD W.SOBAI.VARRO - -~-~ d_ -.'- BRIANL. WILUAAfS Rachel, I suggest that an exhibit be attached containing a general map of the property designating specifically that portion which is being leased by the tenant. I don/t believe that we need anything more formal than that. IAI:¡" H. KELLY, MD.. FAC.P. \I""ULCONSLU'''T Let me know if you think that there are any terms that FR"",.K""'I%IISAD\IITTEDTOI''''\<'jCE should be included, changed or specifically deleted. __ I' \.\).~TI I DAKor A, t;. ':':LI(J~ H. I"L\:\"s~IEIER ..........- I~:\I ';..:1-:! i)..\~(n__\ .-\~D \V:~OX~IX. r.-\l! \_ :~\7i-..('W~t(IIX \VISCOX~IX ,\:\,I} \VII: L\\I '- (. \<.;ii\IAX IX S<XTH D:\l\.lHA. ~ ~ II \\H~ l'F A\-lfRICAN I;' \ 'i'llll' TR¡,\L AD\"C'C\TES. t {.)\- \Lillrn .-\DR i\:ELIRAL , "". Ms. Rachel Stapleton . February 26, 1996 Page Two With the little information I have regarding this proposal, I am not sure if this addresses all of the city's concerns. Thank you. Very truly yours, RAJKOWSKI IER LTD. JHSjbaz Enclosure L:\gen\17693\af022696.011 . - - V ....- . . LEASE This Lease is made the 1st day of January, 1996, by and between the City of St. Joseph, a Minnesota statutory city (the "City") and ("Tenant"). 1. Premises: The City hereby leases to the Tenant and the Tenant hereby leases from the City for the term and upon the conditions herein provided, the premises described and indicated in attached Exhibit 1. 2. Term: The term of this Lease shall commence on January 1, 1996, and end on December 31, 2006, unless otherwise earlier terminated as herein provided. 3. Use. During the term of this Lease, the Tenant shall use and occupy the premises solely for the purpose of maintaining a community garden under reasonable terms and conditions so as to provide access and use by members of the St. Joseph, Minnesota community, in accordance with reasonable rules and regulations established by the Tenant. The Tenant shall not use the premises in any way which would violate any statute, law or ordinance. The Tenant shall not store or dispose in or about the premises any hazardous substance, toxic chemical or like material. No use of the property will be permitted which will result in public or private nuisance. 4. Rent. The Tenant shall pay annual rent in the sum of one and no/l00 . ($1.00) Dollar. 5. Assignment. The Tenant shall not assign or transfer the Lease, nor encumber the premises, without the prior written consent of the City which .may be withheld for any reason. 6. Maintenance. The Tenant agrees to maintain the premises in an orderly, safe and sanitary condition and shall abate any nuisance. 7. Right of Entry. The City reserves the right to enter onto the Premises at any time for purpose of inspection, to abate any dangerous or unsanitary conditions, or to correct any conditions existing in violation of this Lease. 8. Services or Utilities. The Tenant is responsible for the provision of any services or utilities to the premises. 9. Indemnify. The Tenant agrees to defend and indemnify the City with regard to any claims or causes of action for personal injury or property damage arising because of the activities conducted on the premises by the Tenant. 10. No Joint Venture. Nothing contained in this Lease shall be deemed or construed to create a partnership or a joint venture between the City and the Tenant, or to create any other relationship between the parties other than that of landlord and tenant. - - ... 11. Right of Cancellation. The City reserves the right to cancel the Lease by . providing the Tenant with written notice of the intent to terminate at least 30 days prior to the commencement of the calendar year for which termination is to become effective. Tenant CITY OF ST. JOSEPH Mayor Clerk Administrator L;\ge n \ 17693\af022œ6.251 . - 2 -- . February 20, 1996 Dear members of the City Council for the City of St. Joseph, Accompanying this letter is a request for the council to consider the vacating of the north-south alley of block #1 in Loso's Second Addition which is situated between Ash Street and Minnesota Street. t understand that 60% of the property owners whose property is adjacent to the alley in question must sign the petition in order for the council to act. Well, 60% of seven is 4.2. Seeing that 0.2 of a person is not possible, I request that a standard round-down procedure is used. This would reduce the number of signatures needed for consideration of the petition to 4. While considering this request note that the property owners who are owner-tenants are in favor of this petition; those owners who lease their property were resistant to placing their signatures on the petition. . We appreciate the time and effort invested in this matter! Sincerely. ~ Kevin Blanchett 11 3 East Minnesota Street St. joseph, MN 56374 - - (~) . We, the under-signed, request the City Council of the City of St. Joseph to vacate the north- south alley of block #1 in Loso's Second Addition which is situated between Ash Street and Minnesota Street. The properties adjacent to the alley are listed by legal description. Below each legal description is/are the name(s) of the property owner(s) followed by the signature of each property owner and the date the signature was applied to the request. Lot 4, Block 1, East 67' of Lot 5, Block 1, Loso's 2nd Addition, Loso's 2nd Addition, Stearns County, MN. Stearns County, MN. JQ~.And~ . . Leonard Walz ~-_. ~.'.. '. ~ I ~~\~-- \ I"Y.:'::--:-', ¿/J15-fib ---------------------, ------- Carol A. Anderson Betty Walz ~¡JJJ¡d_{i!Jfi£!!!ZJj 0j~ £1.(p . ---------------------t ------ East 67' of Lot 6, Block 1, Lot 7, Block 1, Loso's 2nd Addition, Loso's 2nd Addition, Steams County, MN. Stearns County, MN. Kevin J. Blanchette Monica Pelzer .~/ ~ _~ __________, ~¿¿£!ib ----------------------, ------- Donna J. Blanchette b¡$~~/L~:}?6 - -- , . '-' :1"'.-. ..,,;}-- . a research memo for city officials 525B.2 Revised August 1990 ;;~t,,_ "'é'-.-'~- ~'. --.;;,-...." ~~ "'=: Proced?re for '............'.'............ø=. .,....".u.'.~t.·.'...:.Þ--..i......1."........ .'.. VacatIon of '. ~"'I ',-~.: .;¡,:;..-,-.-,'y' <--, --- -,--." Df: Streets in Cities Contents Page U::." '.. ~.~.'.................'....'.;....... ..' Statutory cities ......:.:......................................................... 3 ¡ ',J Home rule charter CIties .................................................... 3 ,~f;~l. Vaca~on and existing easements ........................................ 4 '-" _,_ø." VacatIon by a court ............................................................ 4 ~%~~.%~;P" . Mmnesota Supreme Court decisions 4 . ".'f'Îi:'.__~..~..~.~~.~..;..-:.~...;.,..; . ................................... _",-";¿- . Forms ..................... ........................................................... 5 ðtß:>- .,¡aII League of Minnesota Cities ~,,\j;W¡_ 3490 Lexington Avenue North, 51. Paul, MN 55126 (612) 490-5600 æII5 " , . © 1993 League of Minnesota Cities All rights reserved . Printed in the United States of America . . . Statutory cities land under the street goes to him or her, since "a deed of lots conveyed as represented in a town plat is presumed to include Minnesota Statutes 412.851 governs the procedures for vacat- a grant of the soil to the center of the street, and it passes as a ing a street in a statutory city. The city council has the parcel ofthe land and not as an appurtenant." (In Re Robbins, authority to vacate any street, alley. public grounds. public 34 Minn. 99. 24 N.W. 356. 1885. See also, White v. Jefferson, way. or any part of them by resolution, on its own motion, or 110 Minn. 276. 125 N.W. 262, 1910; Steenerson v. Fontaine, on a petition of a majority of the owners of land abutting the 106 Minn. 225, 119 N. W. 400. 1908; and Souther v. North- piece of property to he vacated. The requirement that a western Telephone Exchange Company, 118 Minn. 102, 136 "majority of the owners of land" sign a petition has been inter- N.W. 571,1912.) preted as requiring signatures of a majority of individuals having property interests in the land affected, not just a The presumption that the abutting property owners receive majority of the property affected. (State ex rei Beck v. City of title in the vacated property prevails, unless there is an express St. Paul, 235 Minn. 56, 50 N.W. 2d 81, 1951.) If the council statement in the dedication reserving tiÙe in the original fee acts on its own motion, the resolution must have a four-fifths owner. Where the city actually owns the fee of the street vote for adoption. (which is an unusual case and docs not occur where the street has been dedicated by plat). the resolution vacating the street No such vacation shall occur unless it appears in the interest of does not result in divesting the city of its rights to the property. the public to do so after a hearing preceded by two weeks The city may thereafter sell or otherwise dispose of the published and posted notice. The council shall make sure writ- property on which the vacated street was located. ten notice of the hearing is mailed to each property owner affected by the proposed vacation at least 10 days before the An abutting owner who suffers peculiar damages from the hearing. The notice must contain. at minimum, a copy of the vacation of a street is entitled to compensation under the U.S. petition or proposed resolution as well as the time. place, and and Minnesota Constitutions. The payment of damages is not date of the hearing. a condition precedent to the vacation of a street. however. and the owner must bring an action against the city for such . If the street. alley. public grounds. public way, or any part damages. To recover damages for the obstruction or vacation thereof terminates at or abuts upon any public water, no of a street it is not essential that access to the property has been vacation can occur unless written notice of the petition or entirely cut off; however. an owner cannot recover if the only proposed resolntion is served by certified mail upon the complaint is that the vacation or obstruction requires traveling commissioner of natural resources at least 30 days before the farther or over a poorer road in going to and from the property. hearing on the matter. The notice to the commissioner of natural resources is for notification purposes only and does not Home rule charter cities create a right of intervention by the commissioner. Failure to give proper notice and a hearing as required by statute invali- Minn. Stat. 440.13 grants any city of the fourth class organized dates any action the city council takes in regard to the vacation under a home rule charter the power to vacate any street or ofa street. (Price v. Stagray. 68 Mich. 17.35 N.W. 815.1888; highway by majority vote of the council. upon the petition of Rynearson v. Union County, 34 Ore. 181, 102 Pac. 785,1909; all the owners of lands abutting the street to be vacated. SeaboardAirline Ry. Co. v. Greenfield, 160 Ga. 407.128 S.E. However. the street must not connect with any other street at 430. 1925; and Miller v. Town o/Corinna. 42 Minn. 391.44 the end to be vacated. N.W. 127,1890.) If any part of the street or highway proposed to be vacated After adoption of the resolution, the city clerk must draft a tenninates at or abuts upon any public water, the petitioners not ice of completion of the proceedings which must contain: shall serve notice of the petition by certified mail upon the I) the name of the city, 2) an identification of the vacation. 3) commissioner of natural resources at least 30 days before the a statement of the time of completion, and 4) a description of council hearing on the matter. The notice under this subdivi- the real estate affected. The notice must be presented to the sion is for notification purposes only and docs not create a county auditor, who will enter it in the county transfer records right of intervention by the commissioner of natural resources. and upon the notice itself. The notice shall then be filed with Except as provided by the statute. all other provisions of the the county recorder. Any failure to file the notice shall not home mle charter shall apply to and govem the proceeding. invalidate the vacation proceedings. . Minn.Stat. 440.135 grants any city of the third class organized Where a street is lawfully vacated. the title to the land covered under a home rule charter the power to vacate any street by the street reverts to the owner of the fee. When an abutting provided tl1at the portion so vacated shaH nol be longer than owner is the owner of the fee, the reversion is to him or her. If the distance intervening between any two adjacent intersect- a landowner or the landowner's predecessor obtained an ing streets. The council can only act upon the receipt of a interest in the affected property subsequent to the platting of petition from any abutting landowner. If any street. segment, the street, there is a presumption that on vacation the title to the or portion thereof proposed to be vacated tenninates at or LemJ"ue of ~'fjnnpç:ot'.:l r¡tjp'ì ahuts upon any public water, the petitioners shall serve notice v. Harvey, 277 N.W.2d 355, Minn. 1979.) Therefore, accord- of the petition by certified mail upon the commissioner of ing to the Minnesota Supreme Court, personal notice must be natural resources at least 30 days before the council hearing on given to all affected landowners within the platted area in · the mailer. The notice under this sutxJivision is for notification order for the proceeding to meet due process requirements, pur¡xJses only and docs not create a right of intervention by the commissioner of natural resources. Upon the council's adopt- The court in its proceedings must hear all persons owning or ing the resolution, the city clerk must file a copy of it with the occupying land that would be affected hy the proposed vaca- county recorder before the vacation can be effective. The tion. Ifin its judgment a person would be damaged by granting vacation of a street under this statute shall not interfere with the proposed vacation, the coun may detemJine the amount of the right to maintain any existing easements, such damage and direct its payment hy the petitioners before the vacation or alteration shall take effect. A certified copy of Vacation and existing easements the court's order must be filed with the county auditor and recorded by the county recorder. The district court shall 1Iot In proceedings under statute or charter to vacate a street, a city vacate or alter any street, alley, or public ground dedicated to may specify the extent to which such vacation affects existing the public use in or by any such plat in any city organized under easements and the extent to which the vacation affects the a home rule charter which provides a method of procedure for authority of any person, corporation, or city owning or con- the vacation of streets and public grounds by the city council. trolling electric, telephone, gas, sewer, or water lines on the property to continue using or to enter upon the property Minnesota Supreme Court decisions vacated, in order to maintain, repair, replace, remove or otherwise attend to them. (M.S. 160.29, SutxJ, 2.) Under this Under Minn.Stat. 504.14. vacation of a public street must be section, a municipality may vacate a street and reserve the in the puhlic interest.1t must be apparent that no public interest right to continue and maintain utility easements. will be served hy continuing the existence of the street and that vacating the street will be benelïcial to the public interests. In Vacation by a court one case, the Court reversed an order vacating a street leading to a lakeshore in a township. The street was originally used in When a street is part of any plat. any owner of land included connection with a boat landing, but had later fallen into disuse in such plat can apply to the district court, and upon proof that and disrepair. The Court held that petitioners had failed to · all taxes assessed against such landowner have been paid and meet their burden to prove that the street was useless for the notice given, the district court may vacate or alter any part or purpose for which it was laid out. "This purpose cannot be all of the plat. The court may adjudge the title to all streets, construed as narrowly limited to use in connection with the alleys, and public grounds to the persons entitled to them; but boat landing there at the time the street was dedicated. Its streets or alleys connecting separate plats or lying between purpose was rather to provide the public with access to the blocks or lots or providing access for the public to any public lakeshore at that point for any proper activity." Evidence water, shall not be vacated unless it appears that the street or showing that the street was not used is not sufficient to alley or part thereof sought to be vacated is useless for the demonstrate its uselessness for its intended purpose. since it purpose for which it was laid out. does not show if the street might be used in the future. The Court stressed the importance of the general public's interest If any part of a street, alley, or public ground proposed for in access to the lake and the fact that the township itself did not véJcation terminates at or abuts upon any public water, the want the street vacated. (Krebs v. Town ofNorlhern, Belrrami petitioner shall serve notice or the petition hy certified mail COUnly, 213 Minn. 344,6 N.\V.2d R03, 1942; Church ofS'ainls upon the commissioner of natural resources at least 30 days Pelerand Paul v. Township oflÁ1ke George, 252 Minn. 209, R9 before the term at which it shall be heard. The notice under this N. W.2d 70R, 195R.) sutxJivision is for notmcation purposes only and docs not create a right or intervention by the commissioner of natural In another casc, the Court ovcnunJed a township board's resources, decision to refusc to vacate an unplatled road. There was an open platled road serving the same lakeshore area plus the The petitioners must give two weeks' posted and published other lots in the plat, but township orricials said it was too notice, the last publication to be at least 10 days before the costly to maintain and preferred the smaller and easier-to- hearing. The petitioners must also give personal notice at least maintain unplatted road. The Court held that the board's 10 days berore the hearing to the mayor of the city or the decision not to vacate the unplatted road (which passed Over chairman of the town board where such street is located. "In private land) was arbitrary, since the township was still rc- future proceedings under Sec. 505.14, it should be kept in quired to maintain the platted road whether the unplatted one · mind that adequate service must be made upon tlJe owners or was used or not, and no sound purpose would be servcd in occupants of land within the platted area, and that service by maintaining both roads. (Kangas v. Township of Blueberry, the publication and posting of notice of the procedure, as 264 N.\V.2d 389,1978.) required in Sec. 505.14, will be deemed inadequate." (Balinich ._- page 4 Procedure for Vacation of Streets in Cities . . No ~treet can be vacated unless it appears that no public Footnote: interest will be served by the continued existence of the street and that vacation will be beneficial to public interests. particu- IThe description of the street to be vacated should be complete larly if the street is located on the shore of a lake open to the enough to prevent any possible uncertainty or ambiguity. In general public. (In re Petition of Schaller. 193 Minn. 604,259 some cases, a legal description of the property will be neces- N.W. 534.1935; In re Application of Baldwin, 218 Minn. 11. sary. IS N. W. 2d 184, 1944.) However. earlier cases have held that a proper legislative authority's detennination that public inter- e~t~ justify vacation of a street is final and conclusive upon the courts except when reviewed in the manner prescribed by law, H. Resolution Setting Hearing on Vacation and will be presumed to have been based upon a consideration of the public interest. Moreover. the fact that a street has not WHEREAS, a petition of property owners abutting been used or maintained for some time does not necessarily street in the City of , was received by the city clerk mean that the public no longer has an interest in the street. on the day of . 19_ requesting that the (Rein v. Town of Spring Lake. 275 Minn. 79.145 N.W.2d 537. City Council vacate street between street 1966.) The Court in this case held that mere non-use for any and street. I length of time. without affirmative acts indicative of an intent to abandon. does not constitute abandonment of a public street NOW THEREFORE. BE IT RESOLVED BY THE CITY by a municipality. Presumably. street vacation proceedings COUNCIL OF , MINNESOTA: would be necessary in such a case. (See also In re Road Areas of Suburban Estates v. County of Mower. 311 Minn. 446.250 1. The council will consider the vacation of such street and a N.W. 2d 827, 1977.) pnblic hearing shall be held on such proposed vacation on the day of , 19_. before the city council in the city hall at a.m. (p.m.). and the clerk shall give . published and posted notice as required by law. Forms Footnote: I. Petition for Vacation IIf the council initiates the vacation proceedings, the follow- PETITION FOR VACATION OF (PART OF) ing language should be substituted for the "whereas" clause STREET IN THE CITY OF above: WHEREAS, the City Council of the city of . Minnesota, has detennined to vacate (that part of) street, etc. To the city council of , Minnesota: The undersigned. a majority of the owners of property as set forth opposite their respective names. abutting on III. Notice of Hearing! street,! respectfully petition the city council to vacate the aforesaid (part of) street. NOTICE OF HEARING ON VACATION OF (PART OF) STREET Names Description of Property NOTICE IS HEREBY GIVEN that a hearing wiIl be held before the City Council of at the city hall on the day of ,19_.at a.m. (p.m.) to hear all persons present UIX)) the proposed (a petition of property owners for the)2 vacation of (that part of) street in the city of between street and street, etc. Dated this day of ,19_. - Received on the day of . 19 . - City Clerk Clerk Footnotes: IThe statute requires that two weeks published and posted notice be given of the hearing on the proposed vacation. The ---~----------~----- . notice should be publ ished once a week in the official news- Footnote: paper for two consecutive weeks, with at least one week elapsing between the date of the last publication and the date 'A certified copy of this resolution (or the resolution fonn in . of the hearing. The notice should also be posted atleastl4days B, whichever is used) must be filed for record in the office of before the hearing in three of the most public places within the the county recorder. First, however, it should be prescnted to city. Mailed notice should be given to all affected property the county auditor for notation in the county's transferrecords. owners at least 10 days before the hearing to insure compli- I anee with due process requirements. 2This should be substituted for "the proposed" if the vacation B. For vacation initiated by council has been initiated by a petition from property owners, RESOLUTION FOR VACATING STREET WHEREAS, the City Council of has detennined to IV. Resolution for Vacating Street! vacate (a part of) slIcet between street and street; A. For vacation initiated by petition AND WHEREAS, a public hearing was held on RESOLUTION FOR VACATING STR EET. 19 _ before the City Council in the city hall after due pub- lished and posted notice had been given by the clerk on WHEREAS, a majority of the owners of property abulling on , 19_, a reasonable attempt was made to give per- (that part of) street between slIcet and sonal notice to all affected property owners, and all persons street, etc., have requested the City Council in a interested were given an opportunity to be heard; petition dated , 19 _to vacate such street according to law; AND WHEREAS, any person, corporation or city owning or controlling casements contained upon the property vacated, AND WHEREAS, a public hearing was held on , reserves the right to continue maintaining the same or to enter 19 _ before the City Council in the city hall on such pelilion upon such way or portion thereof vacated to maintain, repJir, . after due published and posted notice had been given, as well replace, remove or otherwise attend thereto; as personal notice to affected property owners by the clerk on , 19_ and all persons interested were given an op- AND WHEREAS, it appears that it will be in the best interest portunity to be heard; of the city to vacate such street; AND WHEREAS, any person, corporation, or city owning or AND WHEREAS, four-fifths of all members of the City controlling easements contained upon the property vacated, Council concur in this resolution; reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, NOW, THEREFORE, BE IT RESOLVED, that the street (part replace, remove or otherwise attend thereto; of the street) described as follows is hereby vacated: (Insert description) AND WHEREAS, it appears that it will be in the best interest of the city to approve such petition; Adopted by the council this day of , 19 - NOW, THEREFORE, BE IT RESOLVED, that such petition is hereby granted and the street (part of the street) described as Approved: follows is hereby vacated: (Insert description) Adopted by the council this day of , Mayor 19 - Allest: Approved: Clerk Mayor - A lIest: SRY:glb 10/86 - SR:glb Clerk 8190 page 6 Procedure for Vacation of Streets in Cities . . V RAJKOWSKI HANS MEIER LTD. Attorlleys at Law Reply to: st. Cloud February 13, 1996 ST. CLOUD 11 Seventh A venue North P.O. Box 1433 Ms. Rachel Stapleton St. Cloud, MN 56302-1433 st. Joseph Clerk Administrator 612'251'1055 P.O. Box 668 800'445'9617 st. Joseph, MN 56374 fAX 612'251'5896 RE: EDA Resolution Our File No. 17,693 MINNEAPOLIS Dear Rachel: 2904 Plaza VII 45 South Seventh Street I have prepared this letter to follow up on our recent Minncap(,lis, MN 55402-1620 conversation regarding the proposed Economic 612'339'9206 Development Authority Resolution. ~m'445'9617 FAX 612'251'5896 Ken Hiemenz raised two questions with respect to this . Resolution. First, he is concerned that the Resolution authorizes the exercise of the powers granted under INTERNET ADDRESS Minnesota Statute § 469.029 through § 469.089. By my rajhan@cloudnet.com review of Subsection 2.02 of the Resolution, I would be of the opinion that this is not the case. I reviewed the specific statute, and the Resolution is limited to FR.·\''iK]. RAtKOWSKI * t the provisions dealing with Economic Development Authority as found in Minn. Stat. § 469.090 through GORDON H. HANSMEIER § 469.108. FREDfRlCK L. GRUNKE TIIL'.\IA5 G. JOVANOVICH Ken also raised the question of the requirement of JOIL" H. SCHERER notice and public hearing with regard to amending the 1'\111. A. R.'\/KOWSKI t Resolution. . Although I agree that this requirement may not be in the best interest of the City on all KU"/N F. GRAY occasions, we have no choice with regard to that issue. IVIII1.\.\1 J. CASHMAN The state law requires notice and a public hearing -- RlLil.\KP W. SOBALI'ARRO before any resolution or amendment to a resolution is l~." ;c, L.. IVII.LIA\IS passed relating to an Economic Development Authority. The proposed Resolution contains some limitations of power. The enabling statute allows the City to place other limitations, including the following: JAMES H. }(i:UL ,H.D" F.A.C.P. \II-!':l \I L-\J'\SLLT,\.'T 1. The city Council may significantly limit the F~..\,!( J. R-\I(ll\\'''-I ¡~ .\I'\IIITFD TO PRACTICE statutory powers which the EDA may exercise t:..: :\l)!-i. I!I L) ·~"'t)r:\, without prior City Council approval. - Gt"lRiX):--'; I L I h. '\S\tEIER ........- ,'\ \;-(1RTII DAKe>r \ \'" \\'15(-0:-':51:-';, 2 . The city Council may require the EDA to transfer r,\1 1.:\. R.\I"'ll~'·,;"'_¡;' \\'I~-O~~IS :\\:o \VII.lL\\1 ì. c..\";I!\~-\' L'~ SOLI-{ DAt..:or.-\. any portion of the reserves generated by . ~IE\IIIH. \ '¡- .\ \1I-"tC:\S &):\lmlìFT~I_\I :\P\,X'.\TE.<;. t l..:'c ;un!"p .-\'-'I~ '\!-TI1\o\L. Ms. Rachel Stapleton . February 13, 1996 Page -2- activities of the EDA to the city if the city Council determines that the excess funds are not for the successful operation of the Authority or the debt service fund. The excess funds may be used solely to reduce tax levies for bonded indebtedness of the city. 3 . The City Council may require that the EDA submit its administrative structure and management practices to the city Council for approval. For the final analysis, I would recommend that the City Council consider the specific purpose for creating the Economic Development Authority. There is certainly no drawback in creating the Economic Development Authority, but in doing so, we may want to fashion any restrictions of powers so as to address the purpose for which it is being created. Very truly yours, RAJKOWSKI HANSMEIER LTD. . JHSjbaz L:\gen\17693\af021396.011 ...... "... V » . . CITY OF ST. JOSEPH STEARNS COUNTY, MINNESOTA RESOLUTION ENABLING THE CREATION OF AN ECONOMIC DEVELOPMENT AUTHORITY IN THE CITY OF ST. JOSEPH, MINNESOTA BE IT RESOLVED by the City Council of the City of St. Joseph, Minnesota (City) as follows: Section 1. Backqround: Findings. 1.01. The City is authorized by Minnesota Statures, Chapter 469 (Act) and specifically Section 469.091, to establish an Economic Development Authority (EDA) to coordinate and administer economic development and redevelopment plans and programs of the City. 1.02. It is found and determined by the City Council that the encouragement and financial support of economic development and redevelopment in the City is vital to the orderly development and financing of the City and in the best interests of the health, safety, prosperity and general welfare of the citizens of the City. . 1.03. It is further found and determined that the economic development and redevelopment of the City can best be accomplished by the establishment of an EDA as authorized by the Act. 1.04. The City Council has in accordance with the Act and Section 469.093 provided public notice and conducted a public hearing on , 1996 concerning the establishing of an EDA at which all persons wishing to be heard expressed their views. Section 2. Enablinq Resolution. 2.01. The Economic Development Authority of the City of St. Joseph (EDA) is hereby established. The EDA is a Public body corporate and politic and a political subdivision of the State of Minnesota. 2.02. The EDA shall have all the powers, duties and responsibilities set forth in Sections 469.090 to 469.108 inclusive of the Act and as said Act be amended from time to time and all other applicable laws, except as limited by this Resolution. '""'"- 2.03. The EDA shall consist of a governing body of five commissioners. Two of the commissioners shall be members of ..... the City Council. All commissioners shall be appointed by the Mayor with the approval of the City Council. Those initially appointed shall be appointed for terms of two, three, four, five and six years respectively. Thereafter all . commissioners shall be appointed for six year terms. A vacancy is created in the membership of the commission when a City Council member of the Authority ends Council membership or when a commissioner gives notice of resignation to the council. Section 3. Limits of Powers. 3.01. The following limits shall apply to the Economic Development Authority of the City of St. Joseph and its operation. (a) The sale of all bonds or other obligations issued by the EDA shall be first approved by the City Council. (b) The EDA shall follow the budget process for City Departments as may be provided by the City and in accordance with City policies. (c) Development and redevelopment plans of the EDA shall be consistent with the City Comprehensive Plan and official controls implementing the Comprehensive Plan. (d) The EDA shall obtain approval of its proposed plans for . development and redevelopment from the City Council in accordance with City planning procedures and law. 3.02. This Enabling Resolution may be modified to make any changes only after notice and public hearing as required and as authorized by the Act. 3.03. As provided in the Act it is the intention of the City Council that nothing in this Resolution nor any activities of the EDA shall be construed to impair the obligations of the City under any of its contracts or to affect in any detrimental manner the rights and privileges of a holder of a bond or other obligation heretofore issued by the City. The City Council shall not modify any limit in effect at the time any bonds or obligations are issued or contracts executed to the detriment of the holder or the bonds or obligations or any contracting party. Section 4. Compensation. Members of the Board of Directors shall be paid for attending each of the EDA's regular or special meetings as established by City Council. Board members may be reimbursed for actual expenses that they have incurred when doing official business of the EDA. Section 5. Implementation. ..... 5.01 The City council shall from time to time and at the ....- appropriate time adopt such ordinances and resolutions as are ~ . . required and permitted by the Act to give full effect to this Resolution. 5.02. The Mayor, The City Administrator, and other appropriate City officials are authorized and directed to take the actions and execute and deliver the documents necessary to give full effect to this Resolution. 5.03. Nothing in this resolution is intended to prevent the City from modifying this enabling resolution to impose new or different limitations on the EDA as authorized by the Act. PASSED AND DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH THIS _DAY OF , 1996. CITY OF ST. JOSEPH ------------------ Mayor ATTEST: -------------------- . - - 3 - . . - Mike Sworski - 450.0 hrs. $4,100 Chad Tadych - 362.0 hrs. 1,846 City PERA Contributions 266 City FICA and Medicare Contributions 455 Other Benefits/Costs (Insurance, etc.) 892 Operating Supplies 1,500 Repair and Maintenance Supplies 400 Repairs 500 Cost of Owning Equipment - Depreciation/Repairs ** 2,700 Interest Costs ** 0 Payments to Subcontractors - Total Hours from Above - 812 Rates - Mowing, Trimming - $25/hr. 812 hrs. ** 20,300 $12.659 $20,300 ** Costs of Owninq Equipment: . Assume new equipment is purchased with an average life of 3 to 10 years: Annual Cost Life Depreciation Mowers - John Deere $12,000 10 $1,200 Toro 12,000 10 1,200 2 - push mowers 500 10 100 Trimmers, etc. 500 3 200 $25,000 $2,700 Interest costs are not considered since the interest rate applied to the cost of the equipment would approximate the annual increase in the amount charged by subcontractors. Therefore, calculating the present value of annual cash flows relating to subcontracting would result in the costs identified above. Notes Reqardinq Cooperative Aqreement with Another City: Since a majority of this type of task can be performed by part-time employees at relatively low pay rates, sharing costs with other cities need not be considered here. The city can control its costs by having part-time employees and employing them only during those times when services are required. . Page 4 .- ., ~ "-, . City can control the timing and quality of Equipment investment and maintenance service thereof is required Summer labor can be obtained relatively Inexpensive summer labor may need a inexpensively large degree of supervision No equipment investment required City loses some control over the timing and quality of service Less employees needed resulting in a decrease in required supervision More difficult to budget since the equipment cost is built into the contract Contractor assumes risk of equipment rate, thereby dependent upon the amount repairs and maintenance of rain received in a given summer season Costs of equipment and related repairs and Although the contractor assumes the risk maintenance get spread to all entities for injuries, property damage, etc., the city contracting for services with the contractor may be pulled into potential litigation under the "deep pocket theory" Contractor assumes liability risk for injuries, property damage, etc. Since the City has such large park areas, a contractor would need to spend a . considerable amount or time at City parks. 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Tn t \ T.,l"'" '" · · GREATER ST. JOSEPH AREA COMMITTEE MEETING City Hall, 8:00 P.M., February 29, 1996 MEMBERS PRESENT: CITY COUNCIL - Mayor Donald Bud Reber; Members of the Council Ross Rieke, Bob Loso, Ken Hiemenz, Cory Ehlert. Clerk/Administrator Rachel Stapleton. TOWN BOARD SUPERVISORS - Jerome Salzer, Joe Bechtold, Tim Weisbrich. Town Clerk Ann Reischl. FACILITATOR: Bob Heim. OTHERS PRESENT: Brian Kalla, Tom Peck, Dan Nierengarten, Kathleen Kalinowski, Hub Klein, Ralph Eiynck, Robert Bloomquist, Fred Reber, Steve Johnson, Dick Taufen, Mark Winter, Dave Theisen, Bernie Schloemer, Joe Bettendorf, Frank Loso. Moderator Bob Heim called the meeting to order at 8:05 p.m. on Thursday, February 29, 1996 in the City Hall for the joint meeting of the Township and city of st. Joseph, as the Greater St. Joseph Area Committee, and recognized that a quorum of both bodies was present. MINUTES: The minutes of the January 16, 1996 meeting were approved with a motion by Jerome Salzer; seconded by Ken Hiemenz. Upon call for the vote, · all voted aye. Motion carried. FIRE HALL DESIGN AND DEVELOPMENT PROGRESS REPORT: Tom Peck and Brian Kalla, architects for the Fire Hall, discussed the list of proposed changes from the design of the Fire Hall, as considered by the Building Committee. The total value of cost saving reductions proposed was $76,665. The proposals included deletion of the flag pole, with the anticipation of a donation for a flag pole. An additional cost included in the plans was a cost for an expandable north wall in apparatus area. Also proposed was to delete the personal lockers. Dave Theisen discussed the proposed change of concrete apron to bituminous in the back would reduce the cost $4,800 but would require greater maintenance and replacement costs in the future. Mayor Reber recommended keeping the plan for steel basement stairs, rather than changing them to wood, as proposed. Bob Heim asked if the Township anticipated construction in 1996, or 1997. Joe Bechtold indicated the sooner the better, but construction will happen when everything is in place. Members speculated when the best interest rates could be received. Jerome Salzer stated that historically interest rates drop with elections. - Dave Theisen stated that the earliest bidding could happen now would be June - 1, and we may be better off anticipating construction in the spring of 1997. Page 1 .. Cory Ehlert proposed financing to lock in at a low interest rate, but k. all the construction options open. Tom Peck stated that their firm needs two to three months yet to complete the design stage of the building. Brian Kalla indicated that their firm is busy now, but they would put additional time on this project if needed. The architects will have a hard budget number for the election question if it is determined to hold an election on the financing. Ross Rieke stated that the committee is still reacting to "sticker shock" but anticipates that the final cost figure will be about one million dollars. Also recently many ideas have been suggested from the public, to be dealt with along with this project. Joe Bechtold stated there may be more interest in using the Roske property for community use, along with commemorating Officer Klinefelter, with the site of the tragedy adjacent to this property. Dave Theisen indicated there is a lot of architectural work to be done before this matter goes on the ballot. After further discussion of the effect of cost cutting, Joe Bechtold felt that we might as well put the $76,000 back into the building. Bud Reber felt ceramic tile was not necessary, the burnished block leaves a nice finish. Dave Theisen indicated the ceramic tile is only for the bathroom floors and about four feet up on the walls with regular block behind the tile. Tile is also proposed for the hallway floors. Bud Reber a. questioned the need for carpeting. Ross Rieke asked if the facility would function as well without the large room divider, as omitting it would be a big savings. Moderator Bob Heim clarified that two issues are being considered - Prioritization of cuts and the time line and asked for consideration of the time line. Ken Hiemenz stated that other ideas are being circulated including resurrecting the Rec Center concept. Dave Theisen felt that if a Rec Center was attached to the Fire Hall it would cause much more activity in the area and may interfere with emergency response situations. Ross Rieke recommended allowing this concept to rest for a month. Financing mechanisms were discussed. Cory Ehlert stated that the interest rate is best from G. O. Bond issues, but there are other ways to finance without requiring an election. Ken Hiemenz questioned the reason to put this issue on the ballot. Bud Reber stated the people should have a voice in an issue obligating them for over a million dollars. Joe Bechtold stated that not even half of the people that benefit from this project will be involved in the election. Ross Rieke recommended establishing a February 1997 bid date and allow the City to work out the funding methods. Joe Bechtold recommended getting the architectural plans to completion and at that point, we could take a break as desired or work out a schedule.' The architects indicated they are willing to waive the begin constructi£J penalty clause in the contract. - Page 2 ., # . Joe Bechtold made a motion to proceed through receiving the construction documents, and then reconsider a break in the schedule if it is deemed necessary. The motion was seconded by Ross Rieke. The motion passed unanimously. The Committee again reviewed the proposed items to cut from the plans. They generally agreed to retain the concrete apron, the sidewalk from the north side of the building, the expandable north wall, lockers, the three feet in apparatus bay, and steel basement steps. They generally agreed to delete the flag pole with the anticipation of a donated one. After discussion of safety issues with the drains in the apparatus room the architects agreed to review the matter and come back with another proposal. The divider wall and door /pocket were reconsidered, as this is a high cost reduction. It was generally agreed to leave the reinforcing for the divider wall in the plans, but remove the divider wall. Dave Theisen indicated the storage shelving could be installed by the fire fighters. Also considered was to change the interior walls from masonry to studs and gypsum boards. The Committee generally agreed to leave them masonry. There was further discussion of the benefits of burnished block vs. painted block, carpet, and ceramic tile. Bud Reber stated that the building committee has a better understanding of their needs than this committee and recommended having the building committee go through the plans with discretion, cutting as necessary and keeping the items they feel are needed. The Committee generally agreed. . Br ian Kalla discussed the architectural aesthetics of the plans. The Committee generally agreed that all the aesthetic should not be taken out. Ross Rieke recommended leaving them in to be bid as an alternate. There was further discussion on the time line; need firm numbers for a ballot question by mid August for November ballot. The project could be bid in late winter. If an alternate form of financing is used the proposal will not go to referendum. Tom Peck and Brian Kalla discussed the site fill. Joe Bettendorf agreed that the site fill and compaction will be done with the utilities and road installation project. The architects stated that if the building should fail there may be a question on which firm bears the liability. Joe Bettendorf indicated that this portion will be much less expensive this way and there should be no reason for the fill and compaction to fail. Adequate compaction testing will be done, and records kept. Joe Bettendorf presented maps of the proposed orderly annexation zones. After short discussion Bob Loso made a motion to adopt the orderly annexation zones as presented; seconded by Bud Reber. Discussion - Cory Ehlert questioned the zone for the Kiwi Court area, because of the development in that vicinity. The motion passed unanimously, to accept the map as presented. Joe Bettendorf also discussed the Roske Addition rearrangement of boundaries, IIÞ and presented an updated cost estimate for the site improvements. Page 3 . The next meeting will be held in the Town Hall on March 26, 1996 at 8:00 PiIÞ Ken Hiemenz made a motion to approve payment of the 1995 payable taxes on the Roske Property as presented by Rachel Stapleton; seconded by Tim Weisbrich. The motion passed unanimously. The motion was adjourned at 10:30 P.M. with a motion by Bud Reber; seconded by Ross Rieke. The motion passed unanimously. G2o-dd~ d z:;; . '. ¿~&-¡,r.) Rachel Stapleton Clerk/Administrator . . Page 4 , - 0 ml~ ::ø: s: s: ;0 ~ ;0 d 0 ..~. :c :c ~ m * . "'C < '< ;ii; 0 ::I m en oem: D:J D:J 0 en Z d ID .:~. 0 0 r m c: ,m: :::I Z Z ~ :E m .~' .... c c J:r .... .... m ~ ,.~. CD CD ~ "'C :,c;;¡, Ø: CD CD 0 ~,.,."" w '" 'tJ D:J :.en: :ø{>+ ,:en, c :.m' B~ .... CD .... ,'''D' "" CD ::C' zR en "" ~. '" ':co, ~..~... ~, ~ r en ~¡ 8 m -I en m :Þ en :Þ r .. ;0 ~6 E Z 1·1 en 0 2: 0 0 c: ;0 Z gª m :<! .~...~. s: m -I Z II ~ro -I D:Jmm r~~ m - ~. .." .g]...~. ~ ~ ~Om ,þ, '" ~ '" 0 "" '" ~ ,þ, rZC :'I/F:'j)·', 0> ,þ, 0 0> en '~:':0'" '"en W 0 0 w c: Lœ '" "" 0 0 "" m w '" 0 0 '" 8?~ '''';':'0'0: :Sii' ;0 ,"'{.".",., ~ig m ~m :c;",,;;;;>;·, C ;; ~I C:r O(j) ~ ~ . :::!:Þ .... .... '~\::}.:' w 0 0 0 CD Iø :0:,:':':':': 0 Z ,þ, ,þ, ~( en th '" 0> "" -:.... '"en "".Þ. '" ~ CD '" '" 0 0> en ,þ, :::t: :Þ 0 :Þ en~ c::: ;o:'~' m <:C' £) m.·S}·: c: -(tn: :Þ~ flam ~p ë~ -1$ -I :Þ''ë:'': Õ Z -I ~r ~~z m m ~ ~ <0-1 000 '" ~ '" :Þz W:""N "" '" ~ ,þ, r ,þ, 0 0> a> c: en W '" ~w 0 0 w "',þ,0> m t¡f!.t¡f!.-;¡¿ "" 00 "" '" 00 '" - - -4 ~2: '" "'~::¡ en .... 0 w :Þ N iD~ . -I r w .... en g:m th '" th 0> ~ t¡f!.t¡f!. ~ 0 0 .. . 1995 St. Joe Summer Rec. Year End Summary I Report Dave Hiedeman - Program Director I feel that we had a very successful sum mer. Our objectives were met, and everyone seemed to enjoy our program greatly. There also seemed to be very few negative aspects to our program throughout the summer. We had a very hard working staff that made it an enjoyable summer for everyone involved with our program. Here is a brief summary of our programs that were offered to the children. Morning Programs Arts & Crafts & Games - We had 30 kids register for this with a daily attendance of about 20. I feel that this was a nice addition to our program. Cooking Club - We had 20 kids registered with a daily attendance of about 15. Basketball - We had 65 kids registered with a daily attendance of about 40. We had K-3 one day and 4-8 grade on the other day. -- Floor Hockey - We had 45 kids registered, and a daily attendance of about 30. Bowling - We had 44 kids registered. and a daily attendance of about 35. This was an extremely successful program! Soccer - We had 55 kids registered, with a daily attendance of about 40. Tennis - There were 31 kids registered with a daily attendance of about 15. Ball Programs Barn Barn Ball - There were 13 kids registered, with a daily attendance of about 10. T -Ball - There were 40 kids registered with a daily attendance of about 25 Baseball - There were 65 kids registered with a daily attendance of about 45. We also took some of the kids to games in Albany. and Albany also came to Millstream to play us. - Softball - There were 30 kids registered with a daily attendance of about 25. - The team finished with a record of 9 wins and 2 losses. We also hosted a tournament at Millstream. in which we took first place. We also finished in 2nd place at a tournament in Avon. 1995 St. Joe Summer Rec. . Year End Summary I Report Dave Hiedeman w Program Director Special Events Golf - We went to the V.A. course 2 times, taking about 5-10 kids each time. Summerland - We took about 25 kids to Summerland in S1. Cloud. We had a great day! Twi ns Game - We took about 30 kids to a Twins baseball game in July. Valleyfair - We took about 20 kids to Valleyfair. All City Picnic - We had a great turnout of about 250 people. Everyone had a terrific time with carnival games, the food, and the door prizes. We also had the moon walk, a dunk tank, and a water balloon toss, Budget We did come up about $1,000.00 over our budget, but I think that was mostly ~ because of our new programs and the start up costs for them. It may have also come from our busing costs, some of which we have not had in the past. Such as taking baseball teams to A1bany, and we also had more road softball games. In the future, we would either budget more for transportation, or do some fund raising to cover the cost. Summary I thought that it was nice to have our ball programs at Millstream Park, I would like to get our softball down there next year to if that would be possible. The üme schedule that we had set up seemed to work very well too. There were a few areas of concern that I had also. I feel that we could have been better prepared for our arts & crafts, and cooking club. I would also need to get started earlier next summer with raising money for our busing, and finding sponsors for our baseball teams. Overall I feel that we had a very successful summer, and I enjoyed it greatly! I hope to get a chance to do this again next summer and for years to come. Thank you for your support. - - 1996 Summer Rec. Schedule and Special Events . PROGRAMS I ACTIVITIES TIME M T W R Softball (9-15 yr. aids) 9:00-10:15 X X X X Barn-Barn Ball (3-4 yr. olds) 10:30-11 :00 X X X T-Ball (5-6 yr. aids) 10:30-11:00 X X X X Baseball (7-9 yr. aids) 11:15-12:30 X X X X Baseball ( 10-12 yr. aids) 11:15-12:30 X X X X Soccer ( 6-14 yr. aids) 1 :30-2:30 X Volleyball ( 9-14 yr. aids) 1 :30-2:30 X Floor Hockey (6-14 yr. aids) 2:45-3:45 X X Basketball (6-14 yr. aids) 2:45-3:45 X X Cooking Club(1 st and 3rd Thursdays) 1 :30-2:30 X Bowling 1 :30-2:30 X Arts and Crafts(2nd and 4th Thursdays) 1 :30-2:30 X . Special Events: GOLF{VA Course) - Every Other Friday MOVIE DA Y{City Hall) One Friday per month. SUMMERLAND - June 28th, Cost is $10.00 TWINS GAME - July 17th, Cost is $5.00 ALL CITY PICNIC - Thursday, August 8th TENNIS CAMP - JULY 29th, 30th, 31st and August 1st, 5th,6th,and7th - Cost $10.00 - - PROGRAM INFORMATION SHEET . SOFTBALL: Softball will be held at Millstream Park on Monday, Tuesday, Wednesday, and Thursday from 9:00 am to 10:15 am, It will be open to girls from ages 9 to 15. We will work on the fundamentals of softball. BAM-BAM BALL: Bam-bam ball will be held at Millstream Park on Monday, Tuesday, and Wednesday from 10:30-11 :00, It is designed for preschoolers(ages 3&4). They will learn positions, base running, and batting, BASEBALL (7-9): This program will be held at Millstream Park on Monday, Tuesday, Wednesday, and Thursday from 11 :15-12:30. It is open to anyone ages 7-9, We will work on the fundamentals of baseball. We will also get some games scheduled with local teams for this group. BASEBALL (10-12): This program will be held at Millstream Park on Monday,Tuesday, Wednesday and Thursday from 11 :15-12:30, We will work on the fundamentals of baseball, along with base running and pitching,We will also get some games scheduled with local teams for this group. T -BALL: T-ball will be held at Millstream Park on Monday, Tuesday, Wednesday, and . Thursday from 10:30-11 :00. We will work on positions, batting, and base running, SOCCER: Will be held on Monday from 1 :30-2:30 behind Kennedy Elementary. Members will be split up according to age and put on to teams. We will work on passing, dribbling, and positions. VOLLEYBALL: Will be held at Centennial Park on Tuesday from 1 :30-2:30. It is open to anyone ages 9-14, FLOOR HOCKEY: Will be held on Monday and Wednesday at Kennedy Elementary from 2:45-3:45. The 6-9 year olds will play on Monday, and the 10-14 year olds will play on Wednesday. BASKETBALL: Will be held at Kennedy Elementary on Tuesday and Thursday from 2:45- 3:45, The 6-9 year olds will play on Tuesday, and the 10-14 year olds will play on Thursday, COOKING CLUB & ARTS and CRAFTS: Cooking Club will be held on the 1 st and 3rd Thursdays. Arts and Crafts will be held on the 2nd and 4th Thursdays. They will be held at Centennial Park from 1 :30-2:30, - BOWLING: Will be held at the Elpaso from 1 :30-2:30 on Wednesdays, - If you have questions concerning any of these programs please call Dave Hiedeman at 250-6934. . REGISTRATION I EMERGENCY FORM Child's Name Address City State_ Zip Date of Birth Age_ Grade Sex Parent or Guardian Home Phone Work Phone Alternative Contact Person Phone Doctor Office Phone Insurance Company Policy Number Any restriction of activity for medical reasons: Yes_ No_ Please Explain: . Persons authorized to pick up child Please indicate the activities your child will be attending this summer. Bam-Bam Ball Soccer Volleyball_ T-Ball Floor Hockey Bowling Baseball(7-9) Basketball Arts&Crafts Baseball(10-12) Cooking Club Girls Softball(9-15) The program will run from June 10th through August 8th. The fee will be $20.00 for as many programs as you would like to register for. The deadline for registration is June 1 st. - - T-Shirt Size (Adult): Small Medium Large X-Large CONSENT FOR THE RELEASE OF INFORMATION . I, authorize the City of St. Joseph to (Parent or Guardian) disclose to St. Joseph and St. Wendel Townships the following information: Names and addresses of participants in order to collect funds from the townships to support the recreation program, I understand that my records are protected under state and federal privacy regulations and cannot be disclosed without my written consent unless other wise provided for by law. I also understand that I may cancel this consent at any time prior to the information being released and that in any event this consent form expires automatically 90 days after signing. Signed this day of ,19_. X . (Signature of individual authorizing release.) X (Signature of Witness) (Month/Day/Y ear) ************************************************************************************ RELEASE FORM: Please read and sign I agree to release the St. Joe Rec. Department, its employees, and the City of St. Joseph of all liability related to accidents or injuries which might occur while participating in various activities, I also give my permission for emergency medical procedures to be administered if I cannot be contacted in the event of an emergency. Signature of parent or guardian **************************************************************************************************** Check # Amount T-Shirt Received Mail to: City Offices .- 21 NW 1st Ave. St. Joseph, MN 56374 - 1996 St. Joe Summer rec. . Projected Budget Revenue: City of St. Joe $8,420.00 Membership Fees (Est. 230at @ $20.00) $4,600.00 Total revenue $13,020.00 Revenue $13,020.00 Staff Expenses: Wages $7,500.00 Benefits $250.00 Payroll Taxes $535.00 Total Staff $8,285.00 Supplies Office Supplies $100.00 Ball Equipment $700.00 Arts and Crafts $100.00 .T-shirts (@ 230) $1,219.00 Total Supplies $2,119.00 Support Services Telephone $150.00 Printing $100.00 Travel/Busing $1,000.00 Total Support Services $1,250.00 Other Insurance, Adm., and Support $1,250.00 Total Other Expenses $1,250.00 Total Expenses $12,904.00 Expenses $12,904.00 . Net Income $116.00 EQUIPMENT REQUEST · Palos Sports Inc, 12235 South Harlem Ave, Palos Heights, IL 60463 Model # Item Quantity Cost Total 15567 Loosh Lawn Darts 1 22.95 $22,95 10518 Koosh Flyer Game Set 1 14.95 $14.95 11030 Rainbow 9" Flying Disk(Set) 1 9,95 $ 9.95 36124 Colored Mesh Bags 2 5.95 $11.90 36160 Deluxe Team Bags 2 44.95 $89.90 37104 Mini Basketballs 5 6,95 $34.75 43204 LLB 1 Little League Baseball 12 3,50 $42.00 · 43816 Official League Baseball 12 2,25 $26,90 35196 Folding Goals (4'W x 3'H) 2 37,95 $75,90 21017 9" Lightweight Plastic Cones 4 1.20 $ 4.80 21022 12" Lightweight Plastic Cones 4 2.10 $ 8.40 35101 Deluxe School Hockey Set 1 99.95 $99.95 TOTAL $442.35 10% SHIPPING {} HANDLING 44.24 GRAND TOT Al 54B6.59 ST. JOSEPH SUMMER RECREATI ON PROGRAM DAUE HI ED EM AN fì JOE PAUKOU I CH CITY OFFICES · ST. JOSEPH, MINNESOTA 56374 ~ç~ St. Joseph Parks Commission ..-A~ -- . '\ - .- ~/ . St. Joseph, Minnesota 56374 ~- -- - - Minutes of meeting January 22, 1996 Meeting was called to order by Joe Braun, Vice President at 6:35 pm in the City Ha 11 . Members present: Joe Braun, Irma Lanier, Darwin Erickson, Claudette Klein and Liaison, Bob Loso. Members absent: Marge Lesnick and John Anderson. Minutes were approved by Darwin Erickson and seconded by Irma Lanier. Dave Heideman and Joe Pavkovich represented the Summer Recreation Program. They gave review of last summer's program. Tennis program did not have a good attendance. The busing money was paid for by the American Legion from St. Joseph in the amount of $500. They will be adding a few new programs and changing some of the old programs. The consensus of the board is that Dave and Joe set up their program for next year and then report at the March meeting. Irma Lanier moved to retain the services of Dave Heideman and Joe Pavkovich for the 1996 Summer Recreation Program. Seconded by Darwin Erickson. Liaison Report: The Council adopted the Gtant program. The trail in Morningside ~ark could be done at the same time the East Minnesota project is refurbished. . Skating rink program is going very good. The Park Appreciation Day went very we 11. Irma Lanier suggested that we serve hot chocolate on Saturdays and Sundays during the skating season as long as the ice lasts and the student workers would take of serving the hot chocolate. A motion was made by Darwin Erickson to purchase a perculator, hot chocolate packets, stirring sticks and 7 oz. paper cups. Irma seconded the motion. Claudette Klein will do the purchasing. Posters have been made and posted by Joe Braun for Skating lessons. Summer Projects - keep working on the projects. Next meeting will be February 23, 1996 in City Hall. Meeting adjourned at 7:50 pm. Respectfully submitted, /,{. /1 - '.< . (I .(¿{...(...~-{..z::c¿. I\.-:J'-<-<"¿-<.-/ Claudette Klein, Secretary . ~~~ St. Joseph Parks Commission ?~ ~ ¡.¿." . ___ l~'" .,1 -" '\ - - HI\.· "':t/" St. Joseph, Minnesota 56374 7t.~~ .- -'>- ~ ~r ~.~ -.. I ~-''''.('' - ",,,. c:=o '.~ ",¡. 1" "...~ ... '¥,..' '1" ". Minute? February 26, 1996 Meeting was called to order by John Anderson, Chairperson at 6:37 pm. Members present: Darwin Erickson, John Anderson, Joe Braun, Claudette Klein, Liaison Bob Loso. Members absent: Marge Lesnick, Irma Lanier Minutes were approved with one correction: meeting date February 23 instead of 26. Liaison Report: Capital report was passed out to members. Bob Loso brought a blueprint of the Gazebo to be built in Morningside Park. The trail in Morningside Park will be done in connection with East Minnesota project beginning in April of 1996. Question was brought up to memoralize Morningside Park in memory of Brian Klinefelter. Skating rinks are closed due to warmer weather last week. Hot chocolate . was a big turnover. Will do this again next year. Special Olympics: Deputy Rob Schwegel explained what the Special Olympics has planned. There will be a sign up on May 19 at the Del-Win Ballroom and the walk will be begin there and go down Baker street to 9th Avenue to Morningside Park with a Torch Light preceding the march and a plaque placed in the park for' Brian Klinefelter. Joe Braun moved that we dedicate Morningside Park in memory of Brian Klinefelter with the approval of the Klinefelter family renaming the park. Motion was seconded by Darwin Erickson with unanimous approval of the board. Joe Braun had a person signed up for skating lessons but she never came on the designated day. There were a lot of people there but had a good time anyway. Spring Plans for park developments: Morningside Park: 4x4' park benches $285.00 Picnic tables $650.00 Paving parking lot $6100.00 Centennial Park: repaint inside & outside $350.00 fence on SW side along street (Marge has the figures) Northland Park: seeding the 7 acre area (John Anderson will get a bid) ~lemori a 1 Park: sprinkling system (Marge has the figures) - Next meeting will be March 25. Meeting adjourned at 7:48 pm. - Respectfully submitted: i~/~ Claudette Klein, Secretary . DE PA ~-:: T Ivl E t~ T HE('~D j"IEETIHG '~) ~ øø (.11"1 F'f"iday, FebT'uaT'y 16, :l9'j6 S "l;,7\ p 1 (·?tD)"¡ ')1: Boaï'd of I~:ev:i, ew \lJ :i.11 be cone! uct¡¡:~d on H p 'f' i 1 17, 19r::Jf.." ,)(- F i 'f"r:?\lJo'd~, s o pr:?T'a to'f"~::, aï'r:? nC)\lJ T'eq u :i, '1'~!eI to be ceT't:ifieel by 'I:;h ~? f3 t i;\ t; (.:.~ of Mi nn0~sotë\" ~(, f.:ev:i. !;:,ed ë\ !:,~:¡.e !:;!:;lnen'l; 'f" CJ 1 E.' '1'0'1' 'the-:' :I. 99~:' OVE'~'f'l ë\)/ P'f" 0 j f:~ c t: h ë\~:· b €,~ €.~ ï'l 'f" (.?C'r:? i v ed . Council a!~ H?(·?d to a t:e'I'1n of ~J }'eaT'S i:\'I:; a -; pe'l'cf::n'l:; T'ii\tF!.. Council €,~X plo'l'ed nmth oel ~:' of dE? 'I' E!'I"I' :i, n 9 ¿\~; ~;€·~s !:',mf:~)"¡ts f O'f" h ¿\ 'f"d ~:;h i p C ë\ 1:; (.:.~ ~:¡. and 'f'r:? f (-?'f"T'ed th(·? In a t t;e'f- to City )~~ 'I:; 'I:; \) 'I' '11 e y John Sch e'f'e'l' 1'0'1' ï'ev:i. (-?\lJ" ,>:' Council cc)nsi d e'l'ed conce'/''¡''Is of Dal€~ Rich't€~T' 'f"e 9 ë\ 'I'd :i. n ~I 1:;.ew€~'f' C' h ,7\ 'f" !~ r:? ~5 on his utility bill. Council t",ill T'equest a copy Df ~.i\ 'f" e C' h ii\ ï' f:1 e p('';''Tm it fT'om 'the Mi 'I1ne~;ota D¡¡:~ pa 'f'tm€'~nt: of H€~al th. ')I: CSB t'Ji 11 host the 1'1<.'\Y BotlJ l~? on Yay 4, 1996.. 1(' IVlë\)/Oï' F~ E' b~~ 'f" '1'f.~cDmmend E'd ·th~~ City CQuncil con~; i d e'f' '/'€~n¡:\m in f:! 1'1 O'f" '11 i n!~ ~5 i d I:'!.' Pa'f"k to BT'iaï'¡ K 1 :trH? f e ]"I:.:e'f" 1'1 elïI 0'1' i a 1 PaT'k" fhe i S!5Ue will b0~ 'I'(·:!V i eWE'~cI by t:he Pë\T'k Bo "n'd " ,)(, COlUïC:i.l pë\~5secl ë\ 'f'E~sDlution ë\ 11 ow i n 9 SJPD off i c €~ 'I' ~; to i:\tt:€~ncl fu nr:?'f" a 1!5 of a 'f" e a L<."-'\\lJ Enfo'f"cement Office'l's. 11; ~'I aye:< '(' Rf:? be'(' eI :i, scu !:;Sf?d const'I'uct: i on of ë\ 3-stëd.1 9 ë\ 'f" ë'\ 9 f:~ t:o h Olt !SE'~ Police De pa 'f"'l;nH.;.nt vehicl(-?s. . ,)(, Cm,\nc:i 1 d :i, scu !:;'!:>f?d t: i mE.' fï'ë\me.' f(:J'I' t:he be ~ i nn i n ~I of con1::,t:T-uct i on of t:IH? F i 'f" e Hall. .)(. Ed B'('o ph y w:i,ll C'/'f? ii\ tl:'!.' a plaque fO'f" t:h€·~ Council Ch am b¡¡:~'f"~; d:i.1:;plë\yi'l1f:1 (Jfficr:?'f' K 1 i ï,¡e f e 1 t(-?'f' '¡ ~5 bad~~e" The Council ag'l'el-?d to ï'e'l:.:i 'I'(~ badge num beT" '?'?~:=.; If .)~ CORE CDIÏJmi t:tE'E' will ncd:: hold ¿\ S p€~ak Out this Y€~ë\'/'. ~~ (.¡ m (.:~ I'? 'I; i n !~ of a commi tte(,? to coo'l'd ina'l:.:e memOT' i ......], fund 'f"aising <:\ct:i v i t::i, e!.,> :i,n hCHiDT' of CJ 'I' f :i. ce'l' K]' :i. n&~ 'I' e 1 t€'~'f" will m€~et Oï'¡ F €~ b'f'Uë\ 'f'y 21, 1996. ')1; Fiï'E' Boa 'f"d meet: :i, n ~I d i SCl\ ~:.~>€~d t:h€~ following I ~;~;Ll€-~S: L eSB i nCT'f?as(,?d th f?i 'f" do'nation '1:.:0 '~¡10, ØØ0 annuë\lly 2" T Ii}ntat:i 'IE' 1 Y :i. nCT'E'aS-€':' wage of 'I' i ï'€'~ 'I' i g h t:e'f"s, & CI f 'I' i C€,~'l'f:=, 3. ~Ji 11 pu T'ch a !:>e nr:?w EI'1S manuals .J(- Cit}' Council 'to 'l'E.'v:i. E'W s t'f"&!~?t: light map of t:h€·~ Cit:y t:o i n1!',p€~ct: CDV f? 'f" a !~ f? )(. CC)U nc:i.l C)'I' L.O!;;O i!:; WO'I'I-:. i n g on ë\ P'f"Clpc:<~:,a 1 f 0 'f" a Cit:y impound lo't: \\! i 'I:.:h Chief Lind I~ 'f"en. .)(. Ci'l::y Council d :i, 'f"ec't.:E.'cI Cit:y Em p:l. 0y£'e1::, t:o d i ~:' t'I':i. but: IE! vf:,~h i c 1 €~ 'I' €.~ P a i 'I' ~:- f? 'f" v i cr:? r:?venly bet\lH?en J . I:;: If IJ ~:. j'1c:<bi 1 and Stueve's G ....\'1' a ~! 12 . -)ó: Lion ~ !;:, GambJ.:i. n~1 L. i c€~ns€~s W €~ 'f" €.~ ë'\ P P'I'ov€~d. .j):. 1~'f"'1:; j~: (-? b f? 'I' T' (-?q lt~? S t I?d the snowmobile trail to be moved f'/'Com th(·? a'I'("-'i:\ i:\eI j c\c€·~nt to his 'f'€~~; i d enc€~. 1(' Council appT'oved the cc¡nst'('uct:i. on c:<f a d'(' a i n a ~I f? pond cln 1'1 i nn€,~sot:ë\ StT(,?(·?t Ea!:>t. ')1; P'f"f?-COnS t'f"ltct ion rnr:?E."t i n g fcn' '1:.:1'112 upcoming \lJ ë\ t€,~ r filt:-r'ë\tion P'('O j €~ct - is, sch f?d u 1 ed f ()'f" F I-? b'f"u a 'f"Y 2'3, 199(; . .j(. Council d :i. scu s!;ed cont'f"act i n ~I out th€~ mow J, n ~I of pa'f'k~:,,, ~ L. :i. nd I] '/'en -j(' Ci"('¿lnd JUT'>' l'etu'l'nee! with a full i nd i ctnwnt: :i. nvo 1 v:i. n ~I thli:~ su!:; P€'~ct!:; in the (J f f ice 'f" Klinefelter shootinq" .)(, SJPD wi:l.l b0.· [J :i, n ë\ 'I'egulaï' 5 p0'1'son 'f"ot ë\ t i on in !::.chf:)e!ul i n~1 toe! .:\y. :¡;; TempOT'Z-\ï"Y ~s (':1 C: 'f' ~? t ,01 'f' Y to th(·? SJPD will cDntinue e In p 1 C) Y I)) e n t th 'f'C)U n h . F c' b T' U i:.\ T' Y P3? 1. r:J ':oj f,.. ~(, ~)J¡:)D wil:!. cCJnt;:Lnue 'I;;CJ WI2¿Iï' f¡)tJu '('n i ï) ~I b a cI ~I (~ ~", ¿I'rld fly th(~ Am,:!'!' i C ¿I n f 1 a!~ at h¿1 1 f mast until 1'1a'r'ch 1 ? l'YJE.... .J': 1'1 ct T v :i. n l\1ug Df EmE'ï' L~ E'nc)' bff!ï'vices will be :; c h e d U }. :i. n 9 a IYleet i n ~I j. n th(·? n ~? a T' fU'CUT('"'! conC~"'!Tn i n q flooding and W(·?z-\'l;;h e'{' !;" pDt'l;; inn" TaL\fen ~~ F~€7 pOT·te:::,d 'chat the h,';\u:!. :i,ng of €-! x C E' :; :; :; 'II () \iJ i <.:; nOVJ C () f¡) P let F: " :}i: T,Õ\L\f~?n \1Ji 11 b~? OL\t of th ~? off ice r e b 'f' u a '{' Y (=22 ,- 2 E.. , 1 ':)':)(7),, . - -