HomeMy WebLinkAbout2-20-18 CC packet #3STAFF REPORT
DATE: February 20, 2018
REGULAR
ITEM #: 15
TO: Mayor and City Council
FROM: Jake Foster, Assistant City Administrator
AGENDA ITEM: Approve City Drug Testing/Drug-Free Workplace Policy
BACKGROUND:
Staff and the Human Resources Committee have determined that there is a need for a drug-free workplace
policy for City employees. As part of this policy, staff would also like to implement a drug testing
portion of the policy for both DOT and non-DOT employees.
Drug-free workplace and drug testing policies are common practices in cities throughout Minnesota. In
order to properly enforce, maintain, and monitor these policies, an outside vendor will be needed.
Included in your packet are drug testing policies for both DOT and non-DOT employees which were
updated for Lake Elmo using language from the League of Minnesota Cities.
ISSUE FOR DISCUSSION:
Should Council approve the recommendation of the Human Resources Committee to create a drug-free
workplace and drug testing policy?
PROPOSAL DETAILS/ANALYSIS:
The services the committee has recommended for non-DOT employees are pre-employment drug
screening, alcohol and drug screening based on suspicion, and alcohol and drug screening if an accident
occurs while an employee is on duty or City property is involved. Aside from the pre-employment drug
screening, non-DOT employees shall not be subject to further drug and alcohol testing without reasonable
suspicion or being involved in an accident while on-duty and/or one that involves City equipment.
The committee further recommends the DOT drug and alcohol testing which includes, pre-employment
drug screening, alcohol and drug screening based on suspicion, alcohol and drug screening if an accident
occurs while an employee is on duty or City property is involved, as well as random selection for testing,
and all other DOT requirements.
FISCAL IMPACT:
The vendor that has been identified, Industrial Health Solutions Network (IHSN), charges and annual
service fee of $229.00 for the DOT service program. The annual service fee for non-DOT employees will
be waived if a service agreement is in place with IHSN for DOT testing. There is an additional one time
account set-up fee of $50. Each drug test has an administration/currier fee of $44.90 plus a collection fee
from the clinic of $24 for a total of $68.90 each test. Alcohol/breath tests are also done at the Stillwater
Medical Group Clinic and carry a charge of $44.
Random drug testing needs to occur at a 25% rate annually for the City to be DOT compliant. Tests will
be performed quarterly. Currently there are eight employees who are subject to DOT regulations. This
means two employees will have to be tested randomly at an annual total cost of $137.80 for the drug tests.
Additionally, DOT employees need to be randomly tested for alcohol consumption at a rate of 10%
annually with a minimum of one employee needing to be tested each year. The analysis for random
testing requirements is performed quarterly, but the system may not require employees to be tested each
quarter if annual thresholds are being met.
The 2018 cost to implement the City proposed drug testing and drug-free workplace policies would be
approximately $470 plus any additional pre-employment, suspicion based, or accident based drug or
alcohol screens at $68.90 or $44 respectively. The cost to continue the program in subsequent years
would be approximately $420 annually, which is the total cost from 2018 less the one time account set-up
fee of $50.
Costs may differ with different vendors.
OPTIONS:
1) Adopt the drug testing policies for DOT and non-DOT employees
2) Amend and the adopt the drug testing policies for DOT and non-DOT employees
3) Adopt the drug testing policy for DOT employees only
4) Do not adopt any drug testing policies
RECOMMENDATION:
If removed from the consent agenda:
“Motion to Adopt the drug testing policies for DOT and non-DOT employees”
ATTACHMENTS:
1. DOT Drug and Alcohol Testing Policy for Commercial Drivers
2. Non-DOT Drug and Alcohol Testing and Drug-Free Workplace Policy
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DOT Drug and Alcohol Testing Policy for Commercial Drivers
City of Lake Elmo, Minnesota
Drug and Alcohol Testing for Commercial Drivers Policy
Purpose and Objectives
The City of Lake Elmo (“City”) has a vital interest in maintaining safe, healthful, and efficient
working conditions for employees, and recognizes that individuals who are impaired because of
drugs and/or alcohol jeopardize the safety and health of other workers as well as themselves. The
City is concerned about providing a safe workplace for its employees, and while the City does
not intend to intrude into the private lives of its employees, it is the goal to provide a work
environment conducive to maximum safety and optimum work standards. Alcohol and drug
abuse can cause unsatisfactory job performance, increased tardiness and absenteeism, increased
accidents and workers’ compensation claims, higher insurance rates, and an increase in theft of
city property. The use, possession, manufacture, sale, transportation, or other distribution of
controlled substance or controlled substance paraphernalia and the unauthorized use, possession
transportation, sale, or other distribution of alcohol is contrary to this policy and jeopardizes
public safety.
In response to regulations issued by United States Department of Transportation (“DOT”), the
City has adopted this Policy on Alcohol and Controlled Substances for employees who hold a
commercial driver’s license (CDL) to perform their duties. The City also has a separate Policy on
Controlled Substance and Alcohol Testing for employees not covered by DOT regulations.
Given the significant dangers of alcohol and controlled substance use, each applicant and driver
must abide by this policy as a term and condition of hiring and continued employment.
Moreover, federal law requires the City to implement such a policy.
To ensure this policy is clearly communicated to all drivers and applicants, and in order to
comply with applicable federal law, drivers and applicants are required to review this policy and
sign the “Certificate of Receipt” portion.
Because changes in applicable law and the City’s practices and procedures may occur from time
to time, this policy may change in the future, and nothing in this policy is intended to be a
contract, promise, or guarantee the City will follow any particular course of action, disciplinary,
rehabilitative or otherwise, except as required by law. This policy does not in any way affect or
change the status of any at-will employee.
Any revisions to the Federal Omnibus Transportation Employee Testing Act will take precedent
over this policy to the extent the policy has not incorporated those revisions.
Persons Subject to Testing & Types of Tests
All employees are subject to testing who job duties include performing “safety-sensitive duties”
on City vehicles that:
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1. Have a gross combination weight rating or gross combination weight of 26,001 pounds or
more, whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating
or gross vehicle weight of more than 10,000 pounds, whichever is greater; or
2. Have a gross vehicle weight rating or gross vehicle weight of 26,0001 or more pounds
whichever is greater; or
3. Are designed to transport 16 or more passengers, including the driver; or
4. Are of any size and are used in the transportation of materials found to be hazardous for
the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and
which require the motor vehicle to be placarded under the Hazardous Materials
Regulations (49 CFR part 172, subpart F).
The following functions are considered safety-sensitive:
• all time waiting to be dispatched to drive a commercial motor vehicle
• all time inspecting, servicing, or conditioning a commercial motor vehicle
• all time driving at the controls of the commercial motor vehicle
• all other time in or upon a commercial motor vehicle (except time spent resting in a sleeper
berth)
• all time loading or unloading a commercial motor vehicle, attending the same, giving or
receiving receipts for shipments being loaded or unloaded, or remaining in readiness to
operate the vehicle
• all time repairing, obtaining assistance, or attending to a disable commercial motor vehicle.
The City may test any applicant to whom a conditional offer of employment has been made and
any driver for controlled substance and alcohol under any of the following circumstances:
Pre-Employment Testing.
All applicants, including current employees seeking a transfer, applying for a position where
duties include performing safety-sensitive duties described above, will be required to take a drug
test prior to the first time a driver performs a safety-sensitive function for the City. A driver may
not perform safety-sensitive functions unless the driver has received a controlled substance test
result from the Medical Review Officer (“MRO”) indicating a verified negative test result. In
addition to pre-employment controlled substance testing, applicants will be required to authorize
in writing former employers to release alcohol test results of .04 or greater, positive controlled
substance test results, refusals to test, other violations of drug and alcohol testing regulations,
and completion of return to duty requirements within the preceding three years.
The City will contact the candidate’s DOT regulated previous and current employers within the
last three years for drug and alcohol test results as referenced above, and review the testing
history if feasible before the employee first performs safety-sensitive functions for the city.
Post-Accident Testing.
As soon as practicable following an accident involving a commercial motor vehicle operating on
a public road, the City will test each surviving driver for controlled substances and alcohol when
the following occurs:
• The accident involves a fatality or
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• The driver receives a citation for a moving traffic violation from the accident and an injury is
treated away from the accident scene or
• The driver receives a citation for a moving traffics violation from the accident and a vehicle
is required to be towed from the accident scene.
The following chart summarizes when DOT post-accident testing needs to be conducted:
Type of accident involved
Citation issued to
the DOT covered
CDL driver?
Test must be performed
by the City
i. Human fatality
YES YES
NO YES
ii. Bodily injury with
immediate
medical treatment away from
the scene
YES YES
NO NO
iii. Disabling damage to any YES YES
motor vehicle requiring tow NO NO
away
A driver subject to post-accident testing must remain readily available or the driver will be
deemed to have refused to submit to testing. This requirement to remain ready for testing does
not preclude a driver from leaving the scene of an accident for the period necessary to obtain
assistance in responding to the accident or to obtain necessary medical care.
Post – Accident Controlled Substance Testing
Drivers are required to submit a urine sample for post-accident controlled substance testing as
soon as possible. If the driver is not tested within thirty-two (32) hours after the accident, the
City will cease its attempts to test the driver and prepare and maintain on file a record stating
why the test was not promptly administered.
Post- Accident Alcohol Testing
Drivers are required to submit to post-accident alcohol testing as soon as possible. After an
accident, consuming alcohol is prohibited until the driver is tested. If the driver is not tested
within two (2) hours after the accident, the City will prepare and maintain on file a record stating
why the test was not administered within that time. If eight hours have elapsed since the accident
and the driver has not submitted to an alcohol test, the City will cease its attempts to test the
driver and prepare and maintain on file a record stating why the test was not administered.
The City may accept the results of a blood or breath test in place of an alcohol test and urine test
for the use of controlled substances if:
• The tests are conducted by federal, state, or local officials having independent authority for
the test, and
• The tests conform to applicable federal, state, or local testing requirements, and
• The test results can be obtained by the City.
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Whenever such a test is conducted by a law enforcement officer, the driver must contact the City
and immediately report the existence of the test, providing the name, badge number, and
telephone number of the law enforcement officer who conducted the test.
Random Testing.
Every driver will be subject to unannounced alcohol and controlled substance testing on a
random selection basis. Drivers will be selected for testing by use of a scientifically valid method
under which each driver has an equal chance of being selected each time selections are made.
These random tests will be conducted throughout the calendar year. Each driver who is notified
of selection for random testing must cease performing safety-sensitive functions and report to the
designated test site immediately. It is mathematically possible drivers may be selected be picked
and tested more than once, and others not at all.
If a driver is selected for a random test while he or she is absent, on leave or away from work,
that driver may be required to undergo the test when he or she returns to work.
For 2014, federal law requires the City to test at a rate of at least twenty-five percent (25%) of its
average number of drivers for controlled substance each year, and to test at a rate of at least ten
percent (10%) of its average number of drivers for alcohol each year. These minimum testing
rates are subject to change by the DOT.
Reasonable Suspicion Testing.
When a supervisor has reasonable suspicion to believe a driver has engaged in conduct
prohibited by federal law or this policy, the City will require the driver to submit to an alcohol
and/or controlled substance test.
The City’s determination that reasonable suspicion exists to require the driver to undergo an
alcohol test will be based on “specific, contemporaneous, articulable observations concerning the
appearance, behavior, speech, or body odors of the driver.” In the case of controlled substance,
the observations may include indications of the chronic and withdrawal effects of a controlled
substance.
The required observations for reasonable suspicion testing will be made by a supervisor or other
person designated by the City who has received appropriate training in identification of actions,
appearance and conduct of a driver which are indicative of the use of alcohol or controlled
substance. These observations leading to an alcohol or controlled substance test, will be reflected
in writing and signed by the supervisor who made the observations. The record will be retained
by the City. The person who makes the determination that reasonable suspicion exists to conduct
testing, will not be the person conducting the testing, which shall instead be conducted by
another qualified person.
Alcohol testing is authorized only if the observations are made during, just before, or just after
the driver has ceased performing such functions. If a reasonable suspicion alcohol test is not
administered within two (2) hours following the determination of reasonable suspicion, the City
will prepare and maintain on file a record stating the reasons the alcohol test was not promptly
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administered. If a reasonable suspicion alcohol test is not administered within eight (8) hours
following the determination of reasonable suspicion, the City will prepare and maintain on file a
record stating the reasons the alcohol test was not administered, and will cease attempts to
conduct the alcohol test.
Notwithstanding the absence of a reasonable suspicion test, no driver may report for duty or
remain on duty requiring the performance of safety-sensitive functions while the driver is under
the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance
indicators of alcohol use, nor will the City permit the driver to perform or continue to perform
safety-sensitive functions until (1) an alcohol test is administered and the driver’s alcohol
concentration is less than .02; or (2) twenty-four (24) hours have elapsed following the
determination of reasonable suspicion.
Return-to-Duty Testing.
The City reserves the right to impose discipline against drivers who violate applicable FMCSA
or DOT rules or this policy, subject to applicable personnel policy and collective bargaining
agreements. Except as otherwise required by law, the City is not obligated to reinstate or
requalify such drivers for a first positive test result.
Should the City consider reinstatement of a DOT covered driver, the driver must undergo a
Substance Abuse Professional (“SAP”) evaluation and participate in any prescribed
education/treatment, and successfully complete return-to-duty alcohol test with a result
indicating an alcohol concentration of less than 0.02 and/or or a controlled substance test with a
verified negative result, before the driver returns to duty requiring the performance of a safety-
sensitive function. The SAP determines if the driver has completed the education/treatment as
prescribed.
The employee is responsible for paying for all costs associated with the return-to-duty test. The
controlled substance test will be conducted under direct observation.
Follow-Up Testing.
The City reserves the right to impose discipline against drivers who violate applicable FMCSA
or DOT rules or this policy, subject to applicable personnel policies and collective bargaining
agreements. Except as otherwise required by law, the City is not obligated to reinstate or
requalify such drivers.
Should the City reinstate a driver following a determination by a Substance Abuse Professional
(SAP) that the driver is in need of assistance in resolving problems associated with alcohol use
and/or use of controlled substance, the City will ensure that the driver is subject to unannounced
follow-up alcohol and/or controlled substance testing. The number and frequency of such follow-
up testing will be directed by the SAP and will consist of at least six (6) tests in the first twelve
(12) months following the driver’s return to duty. Follow-up testing will not exceed sixty (60)
months from the date of the driver’s return to duty. The SAP may terminate the requirement for
follow-up testing at any time after the first six tests have been administered, if the SAP
determines such test is no longer necessary. The employee is responsible for paying for all costs
associated with follow-up tests.
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Follow-up alcohol testing will be conducted only when the driver is performing safety-sensitive
functions, or immediately prior to or after performing safety-sensitive functions.
Cost of Required Testing.
The City will pay for the cost of pre-employment, post-accident, random, and reasonable
suspicion controlled substance and alcohol testing requested or required of all job applicants and
employees. The driver must pay for the cost of all requested confirmatory re-tests, return-to-duty,
and follow-up testing.
Required Prior Controlled Substance and Alcohol Checks for Applicants
The City will conduct prior drug and alcohol checks of applicants for employment to drive a
commercial motor vehicle. Applicants must execute a consent form authorizing the City to
obtain the required information. The City will obtain (pursuant to the applicant’s written consent)
information on the applicant’s alcohol test with a concentration result of 0.04 or greater, positive
controlled substance test results, and refusals to be tested within the preceding three (3) years
which are maintained by the applicant’s previous employers. The City will obtain all information
concerning the applicant which is maintained by the applicant’s previous employers within the
preceding three (3) years pursuant to DOT and FMCSA controlled substance and alcohol testing
regulations. The City will review such records, if feasible, prior to the first time a driver
performs safety-sensitive functions.
Prohibited Conduct
The following conduct is explicitly prohibited by applicable DOT and FMCSA regulations and
therefore constitutes violation of City policy.
Under the influence of alcohol when reporting for duty or while on duty.
No driver may report for duty or remain on duty requiring the performance of 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, will be removed from duty for 24 hours, escorted home and placed on
vacation leave for hours missed from work.
On-Duty Use of Alcohol.
No driver may use alcohol while performing safety-sensitive functions.
Pre-Duty Use of Alcohol.
No driver may perform safety-sensitive functions within four (4) hours after using alcohol. If an
employee has had alcohol within four hours they are to notify their supervisors before
performing any safety-sensitive functions.
Alcohol Use Following an Accident.
No driver required to take a post-accident alcohol test may use alcohol for eight (8) hours
following the accident, or until the driver undergoes a post-accident alcohol test, whichever
occurs first.
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Refusal to Submit to a Required Alcohol or Controlled Substance Test.
No applicant or driver may refuse to submit to pre-employment, post-accident, random,
reasonable suspicion or follow-up alcohol or controlled substance testing.
In the event an applicant or driver does in fact refuse to submit to required alcohol or controlled
substance testing, no test will be conducted. Refusal by a driver to submit to controlled substance
or alcohol testing will be considered a positive test result, will cause disqualification from
performing safety-sensitive functions, and may appear on the driver’s permanent record. Drivers
who refuse to submit to testing will be subject to discipline, up to an including termination. If an
applicant refuses to submit to pre-employment controlled substance testing, any applicable
conditional offer will be withdrawn.
For purposes of this section, a driver is considered to have refused to submit to an alcohol or
controlled substance test when the driver:
• Fails to provide adequate breath for alcohol testing without a valid medical explanation after
he or she has received notice of the requirement for breath testing.
• Fails to provide adequate urine for controlled substance testing without a genuine inability to
provide a specimen (as determined by a medical evaluation), after he or she has received
notice of the requirement for urine testing.
• Fails to report for testing within a reasonable period of time, as determined by the City.
• Fails to remain at a testing site until testing is complete.
• In the case of directly observed or monitored collection, fails to permit observation or
monitoring.
• Fails or declines to take a second test as required by the City and/or collector.
• Fails to undergo a medical examination as directed by the City pursuant to federal law.
• Refuses to complete and sign the alcohol testing form, to provide a breath or saliva sample,
to provide an adequate amount of breath, or otherwise cooperate in any way that prevents the
completion of the testing process.
• Engages in conduct that clearly obstructs the test process.
Altering or attempting to alter a urine sample or breath test.
A driver altering or attempting to alter a urine sample or controlled substance test, or substituting
or attempting to substitute a urine sample, will be subject to providing a specimen under direct
observation. Both specimens will be subject to laboratory testing. In such case, the employee
may be subject to immediate termination of employment and any job offer made to an applicant
will be immediately withdrawn.
Controlled Substance Use.
No driver may report for duty or remain on duty requiring the performance of safety-sensitive
functions when the driver uses any controlled substance, except when the use is pursuant to the
instructions of a licensed medical practitioner who has advised the driver in writing the substance
does not adversely affect the driver’s ability to safely operate a commercial motor vehicle.
Drivers must forward this information regarding therapeutic controlled substance use to the City
immediately after receiving any such advice.
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Having a medical marijuana card and/or a cannabis prescription from a physician does not allow
anyone to use or possess that drug in the city’s workplace. The federal government still classifies
cannabis as an illegal drug. There is no acceptable concentration of marijuana metabolites in the
urine or blood of an employee who performs safety-sensitive duties for the City. Employees are
still subject to being tested under our policies, as well as for being disciplined, suspended or
terminated after testing positive for cannabis while at work.
Controlled Substance Testing.
No driver may report for duty, remain on-duty or perform a safety-sensitive function if the driver
tests positive for controlled substance.
Collection and Testing Procedures
Drivers are required to report immediately upon notification to the collection site. For random
tests conducted off site, employees may use a City vehicle to drive to the collection site. Drivers
will be expected to provide a photo ID card for identification to the collection staff. All drivers
will be expected to cooperate with collection site personnel request to remove any unnecessary
outer garments such as coats, sweaters or jackets and will be required to empty their pockets.
Collection personnel will complete a Federal Custody and Control Form (“CCF”) which drivers
providing a sample will sign as well.
Alcohol Testing.
Employees will be tested for alcohol just before, during, or immediately following performance
of a safety-sensitive function. If a driver is also taking a DOT controlled substance test, generally
speaking, the alcohol test is completed before the urine collection process begins. Screening tests
for alcohol concentration will be performed utilizing a non-evidential screening device included
by the National Highway Traffic Safety Administration on its conforming products list (e.g., a
saliva screening device) or an evidential breath testing device (“EBT”) operated by a trained
breath alcohol technician (“BAT”) at a collection site. An alcohol test usually takes
approximately 15 minutes if the result is negative. If a driver’s first attempt is positive (with an
alcohol concentration of .02 or greater), the driver will be asked to wait at least 15 minutes and
then be tested again. The driver may not eat, drink or place anything in his/her mouth (e.g.,
cigarette, chewing gum) during this time. All confirmation tests will be conducted in a location
that affords privacy to the driver being tested, unless unusual circumstances (e.g., when it is
essential to conduct a test outdoors at the scene of an accident) make it impracticable to provide
such privacy. Any results less than 0.02 alcohol concentration is considered a “negative” test
result.
If the driver attempts and fails to provide an adequate amount of breath, he/she will be referred to
a physician to determine if the driver’s inability to provide a specimen is genuine or constitutes a
refusal to test. Alcohol test results are reported directly to the City by the collection site staff.
Controlled Substance Testing.
The City will use a “split urine specimen” collection procedure for controlled substance testing.
Collection of urine specimens for controlled substance testing will be conducted by an approved
collector and will be conducted in a setting and manner to ensure the driver’s privacy.
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Controlled substance testing generally takes about 15 minutes. At the collection site, the driver
will be given a sealed container and must provide at least 45 ml of urine for testing. Once the
sample is provided the collection personnel will check the temperature and color and look for
signs of contamination. The urine is then split into two separate specimen containers (A, or
“primary,” and B, or “split”) with identifying labels and security seals affixed to both. The
collection facility will be responsible for maintaining a proper chain of custody for delivery of
the sample to a DHHS-certified laboratory for analysis. The laboratory will retain a sufficient
portion of any positive sample for testing and store that portion in a scientifically-acceptable
manner for a minimum 365-day period.
If an employee fails to provide a sufficient amount of urine to permit a controlled substance test
(45 milliliters of urine), the collector will discard the insufficient specimen, unless there is
evidence of tampering with that specimen. The collector will urge the driver to drink up to 40
ounces of fluid, distributed reasonably over a period of up to three hours, or until the driver has
provided a sufficient urine specimen, whichever occurs first. If the driver has not provided a
sufficient specimen within three hours of the first unsuccessful attempt, the collector will cease
efforts to attempt to obtain a specimen. The driver must then obtain, within five calendar days,
an evaluation from a licensed physician, acceptable to the MRO, who has expertise in the
medical issues raised by the employee’s failure to provide a sufficient specimen. If the licensed
physician concludes the driver has a medical condition, or with a high degree of probability
could have, precluded the driver from providing a sufficient amount of urine, the City will
consider the test to have been canceled. If a licensed physician cannot make such a
determination, the City will consider the driver to have engaged in a refusal to test, and will take
appropriate disciplinary action under this policy.
The primary specimen is used for the first test. If the test is negative, it is reported to the MRO
who then reports the result, following a review of the CCF Form for compliance, to the City. If
the initial result is positive or non-negative, a “confirmatory retest” will be conducted on the
primary specimen. If the confirmatory re-test is also positive, the result will be sent to the MRO.
The MRO will contact the driver to verify the positive result. If the MRO is unable to reach the
driver directly, the MRO must contact the City who will direct the driver to contact the MRO.
Review of Test Results
The MRO is a licensed physician with knowledge and clinical experience in substance abuse
disorders, and is responsible for receiving and reviewing laboratory results of the controlled
substances test as well as evaluating medical explanations for certain drug test results. Prior to
making a final decision to verify a positive test result, the MRO will give the driver or the job
applicant an opportunity to discuss the test result, typically through a phone call. The MRO, or a
staff person under the MRO’s supervision, will contact the individual directly, on a confidential
basis, to determine whether the individual wishes to discuss the test result. If the employee or job
applicant wishes to discuss the test result:
• The individual may be required to speak and/or meet with the MRO, who will review the
individual’s medical history, including any medical records provided.
• The individual will be afforded the opportunity to discuss the test results and to offer any
additional or clarifying information which may explain the positive test result. If the
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employee or job applicant, believes a mistake was made at the collection site, at the labor, on
a chain-of-custody form, or that the drug test results are caused by lawful substance use, the
employee should tell the MRO.
• If there is some new information which may affect the original finding, the MRO may
request the laboratory to perform additional testing on the original specimen in order to
further clarify the results; and
• A final determination will be made by the MRO that the test is either positive or negative,
and the individual will be so advised.
If the MRO upholds the positive, adulterated or substituted drug determination, that test result
will be provided to the City. There is no opportunity to explain a positive alcohol test provided in
the DOT regulations.
The driver can request the MRO to have the split specimen (the second “B” container) tested at
the driver’s expense. This includes all costs that may be associated with the re-test. There is no
split specimen testing for an invalid result. The driver has 72 hours after they have been notified
of the positive result to make this request. If the employee requests an analysis of the split
specimen, the MRO will direct the laboratory to send the split specimen to another certified
laboratory for analysis.
If an employee has not contacted the MRO within 72 hours, the employee may present
information documenting that serious injury, illness, lack of actual notice of the verified test
result, inability to contact the MRO, or other circumstances unavoidably prevented the employee
from making timely contact. If the MRO concludes there is legitimate explanation for the
employee’s failure to contact within 72 hours, the MRO will direct the analysis of the split
specimen.
If the results of the split specimen are negative, the City may pay for all costs associated with the
rest and there will be no adverse action taken against the employee or job applicant.
Notification of Test Results
Employees.
The City will notify a driver of the results of random, reasonable suspicion, and post-accident
tests for controlled substance if the test results are verified positive, and will inform the driver
which controlled substance or substances were verified as positive. Results of alcohol tests will
be immediately available from the collection agent.
Right to Confirmatory Retest.
Within seventy-two (72) hours after receiving notice of a positive controlled substance test
result, an applicant or driver may request through the MRO a re-analysis (confirmatory retest) of
the driver’s split specimen. Action required by federal regulation as a result of a positive
controlled substance test (e.g., removal from safety-sensitive functions) will not be stayed during
retesting of the split specimen. If the result of the confirmatory retest fails to reconfirm the
presence of the controlled substance(s) or controlled substance metabolite(s) found in the
primary specimen, or if the split specimen is unavailable, inadequate for testing or untestable, the
MRO will cancel the test.
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Dilute Specimens
Dilute Negatives Creatinine concentration of specimen is equal to or greater than 2 mg/dL, but
less than or equal to 5 mg/dL. If the City receives information that a driver has provided a dilute
negative specimen, the City will direct a recollection, pursuant to the MRO’s direction, under
direct observation.
Consequences for Drivers Engaging in Prohibited Conduct
Job Applicants.
Any applicable conditional offer of employment will be withdrawn from a job applicant or
employee seeking a transfer who refuses to be tested or tests positive for controlled substance
pursuant to this policy.
Employees.
Drivers who are known to have engaged in prohibited behavior with regard to alcohol misuse or
use of controlled substance, as defined earlier in this policy, are subject to the following
consequences:
• Removal from Safety-Sensitive Functions
No driver may perform safety-sensitive functions, including driving a commercial motor
vehicle, if the driver has engaged in conduct prohibited by federal law.
No driver who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 may
perform or continue to perform safety-sensitive functions for the City, including driving a
commercial motor vehicle, until the start of the driver’s next regularly scheduled duty, but not
less than twenty-four (24) hours following administration of the test.
If a driver tests positive under this policy, or is found to have an alcohol concentration of .02 or
greater but less than .04, the driver will be removed from safety sensitive duties and escorted
home; the driver should not drive home, but be escorted to his or her home. The driver will then
be placed on vacation, for hours missed from work.
• Notification of Resources Available
The City will advise each driver who has engaged in conduct prohibited by federal law or
who has a positive alcohol or controlled substance test of the resources available to the
driver, in evaluating and resolving problems associated with the misuse of alcohol and
use of a controlled substance, including the names, addresses, and telephone numbers of
Substance Abuse Professionals and counseling and treatment programs. The City will
provide this SAP listing in writing at no cost to the driver.
• Discipline
The City reserves the right to impose whatever discipline the City deems appropriate in
its sole discretion, up to and including termination for a first occurrence, against drivers
who violate applicable FMCSA or DOT rules or this policy, subject to applicable
personnel policies and collective bargaining agreements. Except as otherwise required by
law, the City is not obligated to reinstate or requalify such drivers following a first
positive confirmed controlled substance or alcohol test result.
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• Evaluation, and Return to Duty Testing
Should the City wish to consider reinstatement of a driver who engaged in conduct
prohibited by federal law and/or who had a positive alcohol or controlled substance test,
the driver must undergo a SAP evaluation, participate in any prescribed
education/treatment, and successfully complete return-to-duty alcohol test with a result
indicating an alcohol concentration of less than 0.02 and/or or a controlled substance test
with a verified negative result, before the driver returns to duty requiring the performance
of a safety-sensitive function. The SAP will determine what assistance, if any, the driver
needs in resolving problems associated with alcohol misuse and controlled substance use
and will ensure the driver properly follows any rehabilitation program and submits to
unannounced follow-up alcohol and controlled substance testing.
• Follow-Up Testing
If the driver passes the return-to-duty test, he/she will be subject to unannounced
follow-up alcohol and/or controlled substance testing. The number and frequency for
such follow-up testing will be as directed by the SAP and will consist of at least six tests
in the first twelve months. These tests will be conducted under direct observation.
• Refusal to test
All drivers and applicants have the right to refuse to take a required alcohol and/or
controlled substance test. If an employee refuses to undergo testing, the employee will be
considered to have tested positive and may be subject to disciplinary action, up to and
including termination. Refer to Refusing to Test provided earlier in this policy.
• Responsibility for Cost of Evaluation and Rehabilitation
Drivers will be responsible for paying the cost of evaluation and rehabilitation (including
services provided by a Substance Abuse Professional) recommended or required by the
City or FMCSA or DOT rules, except to the extent that such expense is covered by an
applicable employee benefit plan or imposed on the City pursuant to a collective
bargaining agreement.
Loss of CDL License for Traffic Violations in Commercial and Personal
Vehicles
Effective August 1, 2005, the FMCSA established strict rules impacting when CDL license
holders can lose their CDL for certain traffic offenses in a commercial or personal vehicle.
Employees are required to notify their supervisor immediately if the status of their CDL license
changes in anyway.
Maintenance and Disclosure of Records
Except as required or authorized by law, the City will not release driver’s information that is
contained in records required to be maintained by this policy or FMCSA and DOT regulations.
In addition, a driver is entitled, upon written request, to obtain copies of any records pertaining to
the driver’s use of alcohol or a controlled substance, including any records pertaining to his or
her alcohol or controlled substance tests.
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Policy Contact for Additional Information
If you have any questions about this policy or the City’s controlled substance and alcohol testing
procedures, you may contact the Assistant City Administrator, obtain additional information.
Definitions
Accident:
Means an occurrence involving a commercial motor vehicle operating on a public road which
results in a fatality; bodily injury to any person who, as a result of the injury, immediately
receives medical treatment away from the scene of the accident; or one or more motor vehicles
incurring disabling damage as a result of the accident, requiring the vehicle to be transported
away from the scene by a tow truck or other vehicle. The term “accident” does not include an
occurrence involving only boarding and alighting from a stationary motor vehicle; an occurrence
involving only the loading or unloading of cargo; or an occurrence in the course of the operation
of a passenger car or a multipurpose passenger vehicle unless the vehicle is transporting
passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to
be marked or placarded in accordance with 49 C.F.R. § 177.823; 49 C.F.R. § 382.303(a); 49
C.F.R. § 382.303(f).
Alcohol Concentration (or Content):
Means the alcohol on a volume of breath expressed in terms of grams of alcohol per 210 liters of
breath as indicated by an evidential breath test. 49 C.F.R. § 382.107.
Alcohol Use:
Means the consumption of any beverage, mixture, or preparation, including any medication,
containing alcohol. 49 C.F.R. § 382.107.
Applicant:
Means a person applying to drive a commercial motor vehicle. 49 C.F.R. § 382.107.
Breath Alcohol Technician or BAT:
Means an individual who instructs and assists individuals in the alcohol testing process and
operates an evidential breath testing device (EBT). 49 C.F.R. § 40.3.
City:
Means City of Lake Elmo.
City Premises:
Means all job sites, facilities, offices, buildings, structures, equipment, vehicles and parking
areas, whether owned, leased, used or under the control of the City.
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Collection Site:
Means a place designated by the City where drivers present themselves for the purpose of
providing a specimen of their urine or breath to be analyzed for the presence of alcohol or
controlled substances. 49 C.F.R. § 40.3.
Commercial Motor Vehicle:
Means 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 rating or gross
combination weight of 26,001 or more pounds, whoever is greater, inclusive of a towed unit(s)
with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds,
whichever is greater; or (2) has a gross vehicle weight rating or gross vehicle weight of 26,001 or
more pounds, whichever is greater; or (3) is designed to transport sixteen (16) or more
passengers, including the driver; or (4) is of any size and is used in the transportation of materials
found to be in the transportation of materials found to be hazardous for the purposes of the
Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor
vehicle to be placarded under the Hazardous Materials Regulation. (49 C.F.R. part 172, subpart
F) § 382.107.
Confirmation (or Confirmatory) Test:
For alcohol testing means a second test, following a positive non-evidential test, following a
positive non-evidential (e.g., saliva) screening test or a breath alcohol screening test with the
result of 0.02 or greater, that provides quantitative data of alcohol concentration. For controlled
substance testing, “Confirmation (or Confirmatory) Test” means a second analytical procedure to
identify the presence of a specific controlled substance or metabolite which is independent of the
screen test and which uses a different technique and chemical principal from that of the screen
test in order to ensure reliability and accuracy. 49 C.F.R. § 382.107.
Controlled Substance:
Means those substances identified in 49 C.F.R. § 40.85(. Marijuana, amphetamines, opiates,
(including heroin), phencyclidine (PCP), cocaine, and any of their metabolites are included
within this definition. 49 (C.F.R. § 382.107; 49 C.F.R. § 40.85.
Department of Transportation or DOT:
Means the United States Department of Transportation.
DHHS:
Means the Department of Health & Human Services or any designee of the Secretary,
Department of Health & Human Services. 49 C.F.R. § 40.3.
Disabling Damage:
Means damage which precludes departure of a motor vehicle from the scene of the accident in its
usual manner in daylight after simple repairs, including damage to motor vehicles that could
have been driven, but would have been further damaged if so driven. Disabling damage does not
include damage which can be remedied temporarily at the scene of the accident without special
tools or parts, tire disablement without other damage even if no spare tire is available, headlight
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or tail light damage or damage to turn signals, horn or windshield wipers which make them
inoperative. 49 C.F.R. § 382.107.
Driver:
Means any person who operates a commercial motor vehicle. This includes, but is not limited to
full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers
and independent owner-operator contractors who are either directly employed by or under lease
to the City or who operate a commercial motor vehicle at the direction of or with the consent of
the City. For purposes of pre-employment testing, the term driver includes a person applying to
drive a commercial motor vehicle. 49 C.F.R. § 382.107.
Drug:
Has the same meaning as “controlled substance.”
Employee seeking a transfer:
Refers to an employee who is not subject to DOT regulations seeking a transfer to a position that
will subject them to DOT regulations in the sought after position.
Evidential Breath Testing Device or EBT:
Means a device approved by the National Highway Traffic Safety Administration (“NHTSA”)
for the evidential testing of breath and placed on NHTSA’s “Conforming Products List of
Evidential Breath Measurement Devices.” 49 C.F.R. § 40.3.
Federal Motor Carrier Safety Administration or FMCSA:
Means the Federal Motor Carrier Safety Administration of the United States Department of
Transportation.
Medical Review Officer or MRO:
Means a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving
laboratory results generated by a controlled substance 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. 49 C.F.R. § 40.3
Performing (a Safety-Sensitive Function):
Means any period in which a driver is actually performing, ready to perform, or immediately
available to perform any safety-sensitive functions. 49 C.F.R. § 382.107.
Positive Test Result:
Means a finding of the presence of alcohol or controlled substance, or their metabolites, in the
sample tested in levels at or above the threshold detection levels established by applicable law.
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Reasonable Suspicion:
Means a belief a driver has engaged in conduct prohibited by the FMCSA controlled substance
and alcohol testing regulations, except when related solely to the possession of alcohol, based on
specific contemporaneous, articulable observations made by a supervisor or City official who has
received appropriate training concerning the appearance, behavior, speech or body odors of the
driver. The determination of reasonable suspicion will be made in writing on a Reasonable
Suspicion Record Form during, just preceding, or just after the period of the work day that the
driver is required to be in compliance with this policy. In the case of a controlled substance, the
observations may include indications of the chronic and withdrawal effects of a controlled
substance.
Safety-Sensitive Function:
Means all time from the time a driver begins to work or is required to be in readiness to work
until the time he or she is relieved from work and all responsibility for performing work. Safety-
sensitive functions include:
• All time at a city plant, terminal, facility, or other property, or on any public property,
• waiting to be dispatched, unless the driver has been relieved from duty by the employer;
• All time inspecting equipment as required by 49 C.F.R. § 392.7 and 392.8 or otherwise
inspecting, servicing, or conditioning any commercial motor vehicle at any time;
• All time spent at the driving controls of a commercial motor vehicle in operation;
• All time, other than driving time, in or upon any commercial motor vehicle except time spent
resting in a sleeper berth (a berth conforming to the requirements of 49 C.F.R. § 393.76);
• All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading,
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; and
• All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
49 C.F.R. § 382.107.
Screening Test (also known as Initial Test):
In alcohol testing, mean an analytical procedure to determine whether a driver may have a
prohibited concentration of alcohol in her or her system. Screening tests may be conducted by
utilizing a non-evidential screening device included by the National Highway Traffic
Administration on its conforming products list (e.g., a saliva screening device) or an evidential
breath testing device (“EBT”) operated by a trained breath alcohol technician (“BAT”). In
controlled substance testing, “Screening Test” means an immunoassay screen to eliminate
“negative” urine specimens form further consideration. 49 C.F.R. § 382.107.
Substance Abuse Professional” or “SAP”:
Means a licensed physician (medical doctor or doctor of osteopathy), licensed or certified
psychologist, licensed or certified social worker, licensed or certified employee assistance
professional, or licensed or certified addiction counselor (certified by the National Association of
Alcoholism and Controlled Substance Abuse Counselors Certification Commission) with
knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled
substance-related disorders. 49 C.F.R. § 40.281.
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Non-DOT Drug and Alcohol Testing and Drug-Free Workplace Policy
City of Lake Elmo, Minnesota
Drug and Alcohol Testing and Drug-Free Workplace Act Policy for
Non-Commercial Drivers (Non-DOT)
Purpose and Objectives
The City of Lake Elmo (“City”) has a vital interest in maintaining safe, healthful, and efficient
working conditions for employees, and recognizes that individuals who are impaired because of
drugs and/or alcohol jeopardize the safety and health of other workers as well as themselves. The
City of Lake Elmo does not intend to intrude into the private lives of its employees, but strongly
believes that a drug- and alcohol-free workplace is in the best interest of employees and the
public alike. Alcohol and drug abuse can cause unsatisfactory job performance, increased
tardiness and absenteeism, increased accidents and workers’ compensation claims, higher
insurance rates, and an increase in theft of city property. The City of Lake Elmo’s Drug and
Alcohol Testing Non-DOT policy has been established for the purpose of providing a safe
workplace for all.
City employees and applicants required to hold a commercial driver’s license by the United
States Department of Transportation (“DOT”) for their job will be tested under the City’s Policy
on Controlled Substance and Alcohol Testing for Commercial Drivers (the “DOT Policy”). All
other employees and job applicants offered employment with the city must undergo testing as
described by this policy.
To ensure the policy is clearly communicated to all employees and applicants to whom offers of
employment have been made, and to comply with state law, employees and applicants are
required to review this policy and sign the “policy acknowledgement.” A job applicant will also
acknowledge in this form that he/she understands that passing the drug test is a requirement of
the job.
Persons Subject to Testing and Circumstances Under Which Testing May Be
Required
Under this policy, the City may test any applicant to whom an offer of employment has been
made, and may test any employee for alcohol and/or controlled substance under any of the
following circumstances with a properly accredited or licensed testing laboratory, in accordance
with Minn. Stat. § 181.953, subd. 1.
(1) Pre-Employment Testing:
Every job applicant offered employment with the city receives the offer conditioned upon
successful completion of a drug test, among other conditions. If the job offer is withdrawn based
on drug test results, the city will inform the applicant of the reasons for the withdrawal. A failure
of the drug test, a refusal to take the test, or failure to meet other conditions of the offer will
result in a withdrawal of the offer of employment even if the applicant’s provisional employment
has begun. A negative or positive dilute test result (following a second collection), which has
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been confirmed, will also result in immediate withdrawal of an offer of employment to an
applicant.
Temporary and seasonal employees are not subject to this policy with the exception of those
designated by the hiring department as safety-sensitive positions. OR Temporary and seasonal
employees are also subject to this policy. May want to address when testing will be conducted
for temporary and seasonal rehires.
(2) Reasonable Suspicion Testing:
Consistent with Minn. Stat. § 181.951, subd. 3, employees will be subject to alcohol and
controlled substance testing when reasonable suspicion exists to believe that the employee:
• Is under the influence of alcohol or a controlled substance; or
• Has violated written work rules prohibiting the use, possession, sale or transfer of drugs
or alcohol while working, while on city property, or while operating city vehicles,
machinery or any other type of equipment; or
• Has sustained a personal injury as defined in Minn. Stat. § 176.011, subd. 16 or has
caused another employee to sustain an injury or;
• Has caused a work-related accident or was operating or helping to operate machinery,
equipment, or vehicles involved in a work-related accident.
Reasonable suspicion may be based upon, but is not limited to, facts regarding appearance,
behavior, speech, breath, odor, possession, proximity to or use of alcohol or a controlled
substance or containers or paraphernalia, poor safety record, excessive absenteeism, impairment
of job performance, or any other circumstances that would cause a reasonable employer to
believe that a violation of the city’s policies concerning alcohol or drugs may have occurred.
These observations will be reflected in writing on a Reasonable Suspicion Record Form.
For off-site collection, employees will be driven to the employer-approved medical facility by
their supervisor or a designee. For an on-site collection service, the employee will remain on site
and be observed by the supervisor or designee. The medical facility or on-site collection service
will take the urine or blood sample, and will forward the sample to an approved laboratory for
testing.
Pursuant to the requirements of the Drug-Free Workplace Act of 1988, all City employees, as a
condition of continued employment, will agree to abide by the terms of this policy and must
notify the Assistant City Administrator of any criminal drug statute conviction for a violation
occurring in the workplace not later than five days after such conviction. If required by law or
government contract, the City will notify the appropriate federal agency of such conviction
within 10 days of receiving notice from the employee.
Right of Refusal:
Employees and job applicants have the right to refuse to submit to an alcohol or drug test under
this policy. However, such a refusal will subject an employee to immediate termination. If an
applicant refuses to submit to applicant testing, any conditional offer of employment will be
withdrawn.
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Any intentional act or omission by the employee or applicant that prevents the completion of the
testing process constitutes a refusal to test.
An applicant or employee who substitutes, or attempts to substitute, or alters, or attempts to alter
a testing sample is considered to have refused to take a drug and/or alcohol test. In such a case,
the employee is subject to immediate termination of employment, and in the case of an applicant,
the job offer will be immediately withdrawn.
Refusal on Religious Grounds:
An employee or job applicant who, on religious grounds, refuses to undergo drug or alcohol
testing of a blood sample will not be considered to have refused testing, unless the employee or
job applicant also refuses to undergo drug or alcohol testing of a urine sample.
Cost of Required Testing:
The City will pay for the cost of all drug and alcohol testing requested or required of all job
applicants and employees, with the exception of confirmatory retests. Job applicants and
employees are responsible for paying for all costs associated with any requested confirmatory
retests.
Prohibition against Controlled Substance and Alcohol
Use and Possession of Alcohol or Drug(s):
Employees are prohibited from the use, possession, transfer, transportation, manufacture,
distribution, sale, purchase, solicitation to sell or purchase, or dispensation of alcohol, drugs, or
drug paraphernalia while on duty; is on City premises; while operating any City vehicle,
machinery, or equipment; or when performing any city business, except (1) pursuant to a valid
medical prescription used as properly instructed; (2) the use of over-the-counter controlled
substance used as intended by the manufacturer; or (3) when necessary for approved law
enforcement activity.
Besides having a zero-tolerance policy for the use or possession of alcohol, illegal drugs, or
misused prescription drugs on the worksite, we also prohibit the use, possession of, impairment
by any cannabis or medical cannabis products (e.g., hash oils or pills) on the worksite by a
person working as an employee at the City or while “on call” and subject to return to work.
Having a medical marijuana card, patient registry number, and/or cannabis prescription from a
physician does not allow anyone to use, possess, or be impaired by that drug at the workplace.
There is no acceptable concentration of marijuana metabolites in the blood or urine of an
employee who operates our equipment or vehicles or who is on one of our worksites. Applicants
and employees are still subject to being tested under our drug and alcohol testing policy. And
employees are subject to being disciplined, suspended, or terminated after testing positive for
cannabis if the employee used, possessed, or was impaired by cannabis, including medical
cannabis, while on the premises of the place of employment or during the hours of employment.
While Impaired of Alcohol or Drug(s):
Employees are prohibited from being under the influence of alcohol or drugs or having a
detectable amount of an illegal drug in the blood or urine when reporting for work; while on
duty; is on the City’s premises; while operating any city vehicle, machinery, or equipment; or
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when performing any City business, except (1) pursuant to a valid medical prescription used as
properly instructed; or (2) the use of over-the-counter controlled substance used as intended by
the manufacturer.
Driving While Impaired:
A conviction of driving while impaired in a City-owned vehicle at any time during business or
non-business hours, or in an employee-owned vehicle while conducting city business, may result
in discipline, up to and including discharge.
Criminal Controlled Substance Convictions:
Any employee convicted of any criminal drug statute must notify his or her supervisor and the
Assistant City Administrator in writing of such conviction no later than five days after such
conviction. Within 30 days after receiving notice from an employee of a controlled substance-
related conviction, the City will take appropriate personnel action against the employee up to and
including discharge, or require the employee to satisfactorily participate in a controlled substance
abuse assistance or rehabilitation program as an alternative to termination. In the event notice is
not provided to the supervisor and the employee is deemed to be incapable of working safely, the
employee will not be permitted to work and will be subject to disciplinary action, including
dismissal from employment. In accordance with the Federal Drug-Free Workplace Act of 1988,
if the City is receiving federal grants or contracts of over $25,000, the City will notify the
appropriate federal agency of such conviction within 10 days of receiving notice from the
employee.
Failure to Disclose Lawful Controlled Substance:
Employees taking a lawful controlled substance, including prescription and over-the-counter
controlled substances, which may impair their ability to perform their job responsibilities or pose
a safety risk to themselves or others, must advise their supervisor of this before beginning work.
It is the employee’s responsibility to seek out written information from his/her physician or
pharmacist regarding medication and any job performance impairment and relay that information
to his/her supervisor. In the event of such a disclosure, the employee will not be authorized to
perform safety-sensitive functions.
Review and Notification of Test Results
Notification of Negative Test Results:
In the case of job applicants and in accordance with Minn. Stat. § 181.953, Human Resources
will notify a job applicant of a negative drug result within three days of receipt of result by the
City, and the hiring process will resume. In accordance with Minn. Stat. § 181.953, subd. 3, a
laboratory must report results to the city within three working days of the confirmatory test
result. A “Negative Test Results Notification” form will be sent to the job applicant, and the job
applicant may request a copy of the test result report from Human Resources.
In the case of current employees and in accordance with Minn. Stat. § 181.953, Human
Resources will notify the employee of a negative drug and/or alcohol result within three days of
receipt of result by the city. A “Negative Test Results Notification” form will be sent to the
employee, and he or she may request a copy of the test result report from Human Resources or
the City Administrator.
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Notification of Positive Test Results:
In the event of a confirmed positive blood or urine alcohol and/or drug test result, the city will
notify the employee of a positive drug and/or alcohol result within three days of receipt of the
result. Human Resources will send to the employee or job applicant a “Positive Test Results
Notification” letter containing further instructions. The employee or job applicant may contact
Human Resources to request a copy of the test result report if desired. In accordance with Minn.
Stat. § 181.953, subd. 3, a laboratory must report results to the City within three working days of
the confirmatory test result.
Right to Provide Information after Receiving Test Results:
Within three working days after notice of a positive controlled substance or alcohol test result on
a confirmatory test, the employee or job applicant may submit information to the City to explain
the positive result. In accordance with Minn. Stat. § 181.953, subd. 10, if an employee submits
information either before a test or within three working days after a positive test result that
explains the positive test result, (such as medications the employee is taking), the City will not
take an adverse employment action based on that information unless the employee has already
been under an affirmative duty to provide the information before, upon, or after hire.
Right to Confirmatory Retest:
A job applicant or employee may request a confirmatory retest of the original sample at the job
applicant’s or employee’s own expense after notice of a positive test result on a confirmatory
test. Within five working days after notice of the confirmatory test result, the job applicant or
employee must notify the City in writing of the job applicant’s or employee’s intention to obtain
a confirmatory retest. Within three working days after receipt of the notice, the City will notify
the original testing laboratory that the job applicant or employee has requested the laboratory to
conduct the confirmatory retest or transfer the sample to another qualified laboratory licensed to
conduct the confirmatory retest. The original testing laboratory will ensure the control and
custody procedures are followed during transfer of the sample to the other laboratory. In
accordance with Minn. Stat. § 181.953, subd. 3, the laboratory is required to maintain all samples
testing positive for a period of six months. The confirmatory retest will use the same controlled
substance and/or alcohol threshold detection levels as used in the original confirmatory test.
In the case of job applicants, if the confirmatory retest does not confirm the original positive test
result, the City’s job offer will be reinstated and the City will reimburse the job applicant for the
actual cost of the confirmatory retest. In the case of employees, if the confirmatory retest does
not confirm the original positive test result, no adverse personnel action based on the original
confirmatory test will be taken against the employee, the employee will be reinstated with any
lost wages or salary for time lost pending the outcome of the confirmatory retest result, and the
City will reimburse the employee for the actual cost of the confirmatory retest.
Access to Reports:
In accordance with Minn. Stat. § 181.953, subd. 10, an employee will have access to information
contained in his or her personnel file relating to positive test results and to the testing process,
including all information gathered as part of that process.
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Dilute Specimens:
A negative or positive dilute test result (following a second collection) which has been confirmed
will subject an employee to immediate termination.
Consequences for Employees Engaging in Prohibited Conduct
Job Applicants:
The City’s conditional offer of employment will be withdrawn from any job applicant who
refuses to be tested or tests positive for illegal drugs as verified by a confirmatory test.
Employees:
• No Adverse Action without Confirmatory Test. The City will not discharge, discipline,
discriminate against, or request or require rehabilitation of an employee based on a
positive test result from an initial screening test that has not been verified by a
confirmatory test.
• Suspension Pending Test Result. The City may temporarily suspend a tested employee
with or without pay, or transfer that employee to another position at the same rate of pay
pending the outcome of the requested confirmatory retest, provided the City believes that
it is reasonably necessary to protect the health or safety of the employee, co-employees,
or the public. The employee will be asked to return home, and will be provided
appropriate arrangements for return transportation to his or her residence. In accordance
with Minn. Stat. § 181.953, subd. 10, an employee who has been suspended without pay
will be reinstated with back pay if the outcome of the requested confirmatory retest is
negative.
Discipline and Discharge:
Confirmatory Positive Test Result:
The City will not discharge an employee for a first confirmatory positive test unless the
following conditions have been met:
• The City has first given the employee an opportunity to participate in either a drug or
alcohol counseling or rehabilitation program, whichever is more appropriate, as
determined by the City after consultation with a certified chemical use counselor or
physician trained in the diagnosis and treatment of chemical dependency. Participation by
the employee in any recommended substance abuse treatment program will be at the
employee’s own expense or pursuant to the coverage under an employee benefit plan.
The certified chemical use counselor or physician trained in the diagnoses and treatment
of chemical dependency will determine if the employee has followed the rehabilitation
program as prescribed; and
• The employee has either refused to participate in the counseling or rehabilitation program
or has failed to successfully complete the program, as evidenced by withdrawal from the
program before its completion or by a refusal to test or positive test result on a
confirmatory test after completion of the program.
Other Misconduct:
Nothing in this policy limits the right of the City to discipline or dismiss an employee on grounds
other than a positive confirmatory test result, including conviction of any criminal drug statute
for a violation occurring in the workplace or violation of other city personnel policies.
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Emergency Call Back to Work Provisions:
If an employee is called out for a City emergency and he or she reports to work and is suspected
of being under the influence of drugs or alcohol, he or she will not be subject to the testing
procedures of this policy, but may be subject to discipline and will not be allowed to work.
Appropriate arrangements for return transportation to the employee’s residence will be made. It
is the sole responsibility of the employee who is under the influence of alcohol and/or drugs and
who is called out for a City emergency, to notify his or her supervisor of this information and
advise if he or she is unable to respond to the emergency call back.
Non-Discrimination
The City of Lake Elmo policy on work-related substance abuse is non-discriminatory in intent
and application; however, in accordance with Minn. Stat., ch. 363, disability does not include
conditions resulting from alcohol or other drug abuse which prevents an employee from
performing the essential functions of the job in question or constitutes a direct threat to property
of the safety of individuals.
Furthermore, the City will not retaliate against any employee for asserting his or her rights under
this policy.
Policy Contact for Additional Information
If you have any questions about this policy or the City’s drug and alcohol testing procedures, you
may contact your immediate supervisor, Human Resources, or the City Administrator to obtain
additional information.
By this policy, the City of Lake Elmo has established a drug-free awareness program to inform
employees about the dangers of drug abuse in the workplace and its policy of maintaining a
drug-free workplace. Each City employee will receive a copy of this policy and will be required
to read it.
Definitions
Alcohol: Means the intoxicating agent in beverage alcohol or any low molecular weight alcohols
such as ethyl, methyl, or isopropyl alcohol. The term includes but is not limited to beer, wine,
spirits, and medications such as cough syrup that contain alcohol.
Alcohol use or usage: Means the consumption of any beverage, mixture, or preparation,
including any medication, containing alcohol.
Applicant: Means a person applying for a job with the City.
City: Means the City of Lake Elmo.
City premises: Means, but is not limited to, all City job sites and work areas. For the purposes
of this policy, city premises also includes any other locations or modes of transportation to and
from those locations while in the course and scope of employment of the City.
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City vehicle: Means any vehicle which employees are authorized to use solely for City business
when used at any time; or any vehicle owned or leased by the City when used for City business.
Collection site: Means a place designated by the City where job applicants and employees
present themselves for the purpose of providing a specimen of their breath, urine, and/or blood to
be analyzed for the presence of controlled substances and alcohol.
Confirmatory test: Means a controlled substance or alcohol test on a sample to substantiate the
results of a prior controlled substance or alcohol test on the same sample, and that uses a method
of analysis allowed under one of the programs listed in Minn. Stat. § 181.953, subd. 1.
Drug: Has the same meaning as “controlled substance” defined in Minn. Stat. § 152.01, subd. 4.
Drug and alcohol testing, drug or alcohol testing, and drug or alcohol test: Mean analysis of
a body component sample according to the standards established under one of the programs
listed in Minn. Stat. § 181.953, subd.1, for the purpose of measuring their presence or absence of
drugs, alcohol, or their metabolites in the sample tested.
Drug paraphernalia: Has the meaning set forth in Minn. Stat. § 152.01, subd. 18.
Employee: Means a person who performs services for compensation for the City and includes
independent contractors except where specifically noted in this policy.
Initial screening test: Means a drug or alcohol test that uses a method of analysis under one of
the programs listed in Minn. Stat. § 181.953, subd. 1.
Job applicant: Means a person who applies to become an employee of the City, and includes a
person who has received a job offer made contingent on the person passing drug testing.
Positive test result: Means a finding of the presence of alcohol, illegal drugs, or their
metabolites that exceeds the cutoff levels established by the City. Minimum threshold detection
levels are subject to change as determined in the City’s sole discretion.
Reasonable suspicion: Means a basis for forming a belief based on specific facts and rational
inferences drawn from those facts.
Safety-sensitive position: Means a job, including any supervisory or management position, in
which an impairment caused by drug or alcohol usage would threaten the health or safety of any
person.
Under the influence: Means (1) the employee tests positive for alcohol or drugs, or (2) the
employee’s actions, appearance, speech, and/or bodily odors reasonably cause the City to
conclude that the employee is impaired because of illegal drug use or alcohol use.
STAFF REPORT
DATE: February 20, 2018
CONSENT
ITEM #: 16
TO: Mayor and City Council
FROM: Jake Foster, Assistant City Administrator
AGENDA ITEM: Approve Service Agreements with Industrial Health Services Network (IHSN)
BACKGROUND:
Staff and the Human Resources Committee have determined that there is a need for vendor to help
administer the City’s proposed drug-free workplace and drug testing policies for City employees.
The vendor that has been identified is Industrial Health Services Network (IHSN) in Hudson, WI. IHSN
would provide a comprehensive service to City staff to ensure compliance with any state or federal
regulations, including those for DOT employees.
ISSUE FOR DISCUSSION:
Should Council approve the HR Committee’s recommendation to enter into service agreements with
Industrial Health Services Network (IHSN) to help administer the City’s proposed drug-free workplace
and drug testing policies?
PROPOSAL DETAILS/ANALYSIS:
IHSN provides a completely comprehensive drug testing offering for both DOT and non-DOT employees.
Both of these groups would require individual service agreements as the needs for each pools differ.
The services staff recommends for non-DOT employees as outlined by IHSN are pre-employment drug
screening, alcohol and drug screening based on suspicion, and alcohol and drug screening if an accident
occurs while an employee is on duty or City property is involved. IHSN also offers optional services and
support materials that could be purchased if the need arises.
Staff further recommends using IHSN for DOT drug testing which includes, pre-employment drug
screening, alcohol and drug screening based on suspicion, alcohol and drug screening if an accident
occurs while an employee is on duty or City property is involved, as well as random selection for testing,
and all other DOT requirements.
IHSN will provide result reporting and the arrangement of specimen collection at the Stillwater Medical
Group collection facility for both programs. Additionally IHSN will help with the policy development for
each of these programs to ensure compliance with state statute and federal regulations.
FISCAL IMPACT:
IHSN charges and annual service fee of $229.00 for the DOT service program. The annual service fee for
non-DOT employees will be waived if a service agreement is in place with IHSN for DOT testing. There
is an additional one time account set-up fee of $50. Each drug test has an administration/currier fee of
$44.90 plus a collection fee from the clinic of $24 for a total of $68.90 each test. Alcohol/breath tests are
also done at the Stillwater Medical Group Clinic and carry a charge of $44.
Random drug testing needs to occur at a 25% rate annually for the City to be DOT compliant. Tests will
be performed quarterly. Currently there are eight employees who are subject to DOT regulations. This
means two employees will have to be tested randomly at an annual total cost of $137.80 for the drug tests.
Additionally, DOT employees need to be randomly tested for alcohol consumption at a rate of 10%
annually with a minimum of one employee needing to be tested each year. The analysis for random
testing requirements is performed quarterly, but the system may not require employees to be tested each
quarter if annual thresholds are being met.
The 2018 cost to implement the City proposed drug testing and drug-free workplace policies would be
approximately $470 plus any additional pre-employment, suspicion based, or accident based drug or
alcohol screens at $68.90 or $44 respectively. The cost to continue the program in subsequent years
would be approximately $420 annually, which is the total cost from 2018 less the one time account set-up
fee of $50.
RECOMMENDATION:
If removed from the consent agenda:
“Motion to approve the service agreements with Industrial Health Services Network”
ATTACHMENTS:
1. Service agreement for the DOT (FMCSA) employee program
2. Service agreement for the non-DOT employee program
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Premier Service Program - FMCSA
IHSN’s Premier Service Program is a high service model designed for employers who want a
comprehensive solution for their drug and alcohol testing program needs. This service package is
ideal for employers who want the assistance and experience of knowledgeable staff to coordinate
their testing services and assist with the administration of their program.
Clients who enroll in our Premier Service program receive the following Superior Quality and
Value Added Service Package:
IHSN Services Guide
Upon enrollment each IHSN client receives our valuable IHSN Services Guide. Our IHSN
Services Guide provides:
• An introduction to our service program,
• Answers to your common service questions,
• A listing of your designated service providers (Lab, MRO & collection sites),
• Program Management Resources,
• Sample Forms,
• Sample Company Policy Information, and
• Tabbed sections for you to store your service contracts and copies of our monthly
newsletter, IHSNews.
This handy ring-bound guidebook is divided into convenient tabbed sections for easy reference
and convenient storage of your important program documents.
Laboratory and MRO Services
IHSN makes using or changing to our services a snap by making all the arrangements for
establishing your laboratory testing and Medical Review Officer (MRO) accounts. IHSN will set-up
your account with one of our contracted top quality SAMHSA certified labs and establish your
MRO services account with our MRO Services Department. IHSN also takes care of ordering and
arranging for the laboratory to ship the initial supply of drug testing materials directly to you or to
each of your designated collection sites, making a change to IHSN services a breeze.
Test Panel
DOT clients who enroll in our Premier service program receive the DOT mandated 5-panel drug
screen. This panel tests for THC/Marijuana, Cocaine, Amphetamines/Methamphetamines,
Opiates and PCP.
Rapid Result Reporting
IHSN understands that drug test results cannot come too soon. Your company’s critical
personnel and operations decisions depend on them. Our MRO Services Department is
dedicated to providing the rapid, top quality service you need. Negative test results are generally
reported the afternoon following specimen collection (provided the collection facility ships the
sample the same day it is collected and faxes a copy of the MRO copy of the custody and control
form to our offices the day of collection). Positive laboratory test results are handled immediately
upon receipt from the laboratory ensuring minimal wait times for your MRO verified result.
Deluxe Result Reporting Options
IHSN recognizes that some companies may require test results to be reported to multiple
locations or require varying levels of access to test results. Our sophisticated result reporting
system has the ability to report test results to multiple locations and to accommodate varying
access levels to result data.
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Premier Service Program - FMCSA
Specimen Collection Supplies
IHSN provides all specimen collection supplies needed for drug testing including:
♦ Specimen collection and bottle containers
♦ Custody and Control Forms (CCF) pre-printed with your company’s account information;
and,
♦ Courier overnight shipping envelope and airbill for sending specimens to your designated
SAMHSA-certified lab
IHSN will order and ship the initial supply of testing materials to you or directly to your collection
site(s).
Collection Site Location and Account Set-Up
Our Premier service clients receive IHSN’s Collection Site Locator & Account Set-up Service.
Locating and establishing urine specimen collection and alcohol testing sites is critical to the
success of your Drug and Alcohol Testing Program. Using our vast collection site database and
collection site locator resources, we will locate collection sites in your designated testing areas
and help you determine which sites best meet your unique service needs. We will then coordinate
the set-up of your account at each chosen collection site by providing the site with detailed
instructions concerning the establishment of your account, including:
♦ Your company name, address, phone numbers and authorized contacts
♦ The names, addressees and phone numbers of your testing lab and MRO
♦ Specimen shipping instructions
♦ Instructions concerning how to order additional testing supplies,
♦ Instructions concerning the disbursement of testing paperwork, and
♦ Billing instructions
For DOT regulated employers IHSN will also obtain a certification form from the facility verifying
that the site agrees to provide services in compliance with all applicable DOT regulations and
agrees to provide copies of all required documentation including training records when requested
by the employer or DOT agency.*
Additionally, we will also order and ship the initial supply of specimen collection materials to each
collection site or if you prefer we will ship the supplies directly to you for distribution to your sites or
employees. IHSN will also act as a liaison between the employer and the collection site on an
ongoing basis.
* IHSN does not obtain copies of the training documentation for each collector or alcohol test technician.
IHSN obtains a certification form from the site stating that they agree to provide all services in compliance
with DOT regulations including ensuring that all of their staff are trained according to DOT requirements. If
a DOT auditor requests the training information for a specific collector or alcohol technician, the employer is
responsible for obtaining this documentation from each site location.
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Premier Service Program - FMCSA
Premier Random Selection Services
IHSN’s drug and alcohol random selection services are included at no extra charge for clients
enrolled in our Premier service program. IHSN’s sophisticated computerized random selection
service is designed to simplify the management and employee list maintenance duties of your
random selection program. IHSN creates an individual random selection pool for each client
enrolled in our Premier service program. To help you keep your employee list up to date, each
quarter IHSN sends you a reminder to submit changes to your employee list. Our easy to
complete update forms or electronic submission procedures make updating your employee list
quick and painless!
Our random computer system automatically calculates the number of random selections required
for the quarter and then selects the appropriate number of employees for random drug and/or
alcohol testing. We also automatically select a percentage of alternates in addition to the primary
selections. These alternates are provided for your convenience to be used in cases when the
original employees selected are not available for testing due to termination, medical leave, etc.
Premier service clients also receive the following additional random selection service and
reporting benefits.
• For Premier service clients, our computer system tracks your drug tests as they enter our test
results system and matches the selections made to the random tests you have completed. If
a test enters our test results system labeled as a random test, but does not match a selection
in our system, (i.e. the test was marked as a random, but is actually a different category of
test; or the SS# on the paperwork does not match the SS# in our data base; etc.) we
automatically contact you to determine the cause of the discrepancy and then submit any
necessary data changes to the testing laboratory. This process ensures that all of your
random testing is properly completed and labeled so that your IHSN random progress and
laboratory statistical reports will reflect the correct data.
• Premier service clients are sent a progress report just prior to the end of each selection period
detailing the status of the random drug testing for the current period. This report includes a
summary of the number of selections made, the number of drug tests completed to date and
the number of drug tests remaining to be completed for the selection period. This value
added report is a timely management tool providing either a confirmation that you have
completed all the required drug testing for the period or a friendly reminder that you still have
testing to complete before the period ends.
• Premier Service Clients who fail to complete their random testing by the end of the selection
period are issued a notice of non-compliance each month until the testing has been
completed. These friendly reminders are designed to assist you in maintaining compliance
with DOT regulations and/or company policy and serve as a gentle reminder that you still have
outstanding tests that need to be completed.
Our Premier random selection system makes managing your random selection program as easy
as 1-2-3!
Please Note: If a client does not complete all the required random selections for two successive selection
periods, IHSN reserves the right to cancel random selection services on the account.
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Premier Service Program - FMCSA
Split Sample Testing Services
DOT regulations require that all DOT drug screen collections be completed using the split sample
collection method. In short this collection method requires that the urine specimen be divided into
two separate specimen bottles at the time of collection. Both bottles are sealed and shipped to the
laboratory. However, only the primary bottle is originally tested. If an employee’s test result is
verified as positive or as a refusal to test by the Medical Review Officer (MRO), the employee has
the right to request that the second or “split” specimen bottle be shipped to a second certified
testing laboratory for reanalysis. IHSN’s MRO automatically informs the employee of this right
during the donor interview process. If the employee requests this specimen be re-tested, DOT
regulations require our MRO Services Department to process this request immediately. The fee
for this test is billed to the employer. The employer may choose to collect re-imbursement from
the employee if this is required by the employer’s company policy.
DOT Regulatory and Program Compliance Assistance
Premier service clients receive assistance with DOT regulatory and program compliance
questions and concerns for no additional charge. IHSN’s friendly, dedicated staff is extensively
trained to provide answers to your regulatory and program compliance questions. Wading
through and reading DOT regulations can be confusing and time consuming. Our highly
knowledgeable staff can quickly guide you through the rules to help you locate and understand the
appropriate regulations and procedures.
Access to IHSN’s 24 hour Emergency Testing Assistance
Because accidents do not occur just on weekdays or during regular office hours, IHSN has staff
on call 24 hours a day, 365 days a year to assist our Premier service Clients with post-accident or
other emergency testing situations. To utilize this service simply call our toll free number day or
night. Our on call representative will locate a test site and make all the arrangements with the
collection site for the required testing. When you are dealing with an accident or other emergency
testing situation the last thing you want to worry about is locating a competent site to perform drug
and alcohol testing. We make arranging for emergency testing worry free!*
*Note: Due to the urgent nature of this testing and the immediate need for the completion of the site set-up, IHSN will not
obtain a signed collection site certification statement prior to completing an emergency site set-up. If the employer
wishes to obtain this information, it is the employer’s responsibility to obtain this documentation from the test site after the
completion of services.
Access to IHSN’s Non-Emergency Over-The-Road Collection Site Set-up Services
For situations where is it not convenient to use your permanent collection sites for pre-
employment, random or other testing, IHSN offers our Premier service Clients our IHSN “Over-
the-Road” Collection Site Set-Up Service. To use this service simply call our toll free number
during regular office hours. We will locate a collection site in the requested area and make all the
arrangements for the required testing. We then call you back with the facility information so you
can direct your employee to the test site. This service is a great tool for completing random testing
on-the-road or pre-employment testing on applicants who live far distances from your place of
business, saving you travel and lodging expenses when qualifying applicants. *
*Note for DOT employers only: To ensure that all testing is completed in compliance with DOT regulations, IHSN’s
standard policy is to obtain a collection site certification form from each site prior to completing a site set-up for your
company. However, this can delay the site set-up. If the employer does not want the set-up delayed for this process, the
employer can request that IHSN not obtain the site certification. In these cases the employer will be required to sign a
release form.
Premier Specimen Status Tracking & Expedited Result Reporting
IHSN understands that drug test results cannot come too soon, your critical personnel decisions
depend on them. If you are particularly anxious about the status of a pending test result simply
call our offices. Our MRO staff will contact the lab to 1) verify that the lab has received the
specimen, 2) determine the testing status of the specimen and, 3) obtain an estimate of when the
lab is expected to release the result to the MRO for review.
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Premier Service Program - FMCSA
In addition to contacting the lab to verify the status of your test results, for Premier service clients,
our MRO staff will also contact your collection site to verify that the employee did complete the
test, we will verify when the sample was shipped, and track the specimen with the courier service
responsible for transporting the specimen to the testing laboratory. If you are particularly anxious
about a specific result our MRO staff can also enter a “flag” in our computer system that will
automatically notify the staff member the minute that specific result is received into our computer
system. The result can then be flagged for “priority or emergency” processing to further expedite
the MRO review and reporting process.
Expedited Correction of Custody and Control Form errors
Some MRO’s simply cancel specimens that are submitted to the lab with minor Custody and
Control Form Errors (i.e. missing date, missing collector signature, collector failed to mark test
type, etc.) rather than taking the time to correct them. Other MRO’s leave it up to the laboratory to
obtain the necessary documentation required to correct paperwork errors. These practices cost
the employer not only time and lost revenue, but also the cost and hassle of arranging for a
second collection if the sample must be re-collected. IHSN, however, takes an active role in the
correction process. When a correctable Custody and Control form error occurs, the laboratory
notifies our MRO of any errors for your account. Our MRO administrative staff then expedites the
correction process by coordinating with the collector to correct the error. Our MRO staff contacts
the collector to inform the collector of the error, review the proper procedures to ensure that the
error does not happen again, and obtain the necessary corrective paperwork. This involvement in
the correction process to expedite the correction of custody and control form errors is not
common practice for most MRO organizations. Our MRO Services Department is committed to
going the extra mile, ensuring that you receive your test results as rapidly as possible. This
commitment to excellence speeds up the processing time for Custody and Control form errors
saving you time and money.
Regular Customer Service Account Reviews
All Premier service clients receive regular account reviews. Our friendly, dedicated staff will
contact you to review your account history and point out any changes in testing activity that may
indicate a service or compliance concern. This personalized service helps you identify and
correct compliance issues before they become a problem.
Subscription to IHSNews
Our monthly newsletter, IHSNews keeps you up to date on changes in DOT regulations.
IHSNews also provides regulation reviews, DOT interpretive guidance, procedure reviews, and
articles on other drug and alcohol testing topics. One subscription to IHSNews is provided to
each IHSN client as part of their service program.
Drug and/or Alcohol Free Workplace Policies
Each DOT regulated employer is required to have a written drug and alcohol testing policy.
Industrial Health Services Network, Inc. provides each employer regulated by the Federal Motor
Carrier Safety Administration (FMCSA) Regulations with a sample drug free workplace policy at
no extra charge. This sample is designed to be used as a model for developing your drug and
alcohol testing policy. IHSN recommends that you have a competent attorney review any new
policy before adopting it as your company policy.
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Premier Service Program - FMCSA
IHSN’s on-line Regulation and Compliance Resource Center
Premier Service Clients have access to our on-line DOT Regulation and Compliance Resource
Center. This Resource Center located on IHSN’s web site (www.ihsn.com) provides access to:
♦ The 49 CFR Part 40 Drug and Alcohol Testing Regulations
♦ The Part 382 Federal Motor Carriers Safety Administration Drug & Alcohol Testing
Regulations
♦ DOT Interpretive Guidance
♦ Common Regulation Questions and Answers
♦ Guidance for Making Post-Accident Testing Decisions
♦ Program Management Tools
♦ Past issues of IHSNews, and
♦ Links to Variety of useful DOT, Government and Industry Drug and Alcohol Testing Web
Sites.
Optional Services
Employee Information and Supervisor Training Programs
Employee Information and Supervisor Training Programs are key to maintaining an effective drug
and alcohol testing program. DOT regulations require that you distribute materials to your drivers
explaining what is expected of them under the DOT drug and alcohol testing rules. Our driver
guide is packed with easy to read information and includes a certificate of receipt for your driver
testing files.
Supervisors play a crucial role in an effective drug and alcohol-testing program. More than
anyone else, they are in a position to recognize changes in an employee’s job performance.
FMCSA regulations require that each person in a supervisory role over drivers complete 60
minutes of training on drug abuse and 60 minutes of training on alcohol misuse. Our supervisor
training guide is designed to comply with this training requirement. This training manual is packed
with valuable information and includes sample forms and a certificate of completion.
Program Management & Resource Materials
Quality Program Management and Resource materials are essential to the maintenance of your
drug and alcohol-testing program. IHSN offers additional quality program materials to make it
easier for you to manage your testing program and maintain compliance with DOT regulations.
See the page in this proposal titled “IHSN Program Materials” for more information.
Substance Abuse Professional (SAP) Referral Services
When an employee violates an FMCSA drug or alcohol testing program prohibition, FMCSA
regulations require the employer to provide the employee with a referral to a qualified Substance
Abuse Professional (SAP). IHSN can assist you with this requirement by making a referral to a
qualified Substance Abuse Professional. IHSN’s SAP Referral service includes: 1) locating an
appropriate facility and certified individual to perform the SAP evaluation and 2) providing you with
documentation that the individual meets the criteria to act as an SAP per DOT regulations.
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Drug Screen Collection & Alcohol Testing Services
IHSN will work with your existing provider location(s) or will establish drug screen collection and
alcohol testing sites for you. Below you will find our suggestion(s) for service providers in the
areas you requested. If you prefer to work with a different facility than the site(s) listed below,
please provide your representative with the name, address and phone number of the site of your
choice. Fees for drug screen collection and alcohol testing services will be the usual and
customary fees charged by the site. Unless otherwise noted below, all fees for services provided
by your collection site will be billed to you directly by the provider site. The collection site service
fees listed below are based on the collection site’s current fee schedule and are subject to change
without notice. Please note that collection and alcohol testing fees are in addition to IHSN’s
testing fees.
Stillwater Medical Group - Workwell
1500 Curve Crest Blvd.
Stillwater, MN 55082
Hours:M - F: 8am-4:15pm
Appt not required but a
call ahead is preferred
for any service.
Urine Specimen
Collection Fee:
$24.00
Phone:(651) 439-1234 DOT Physical Fee:$85.00
Fax:(651) 275-3395 Breath Alcohol Test
Fee:
$44.00
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
IHSN Program Materials
Cab Packs $5.90
A Cab Pack is a sealed collection kit that contains the specimen bottle kit, a custody and control form, an
airway bill, and courier shipping bag. The pack is designed be kept aboard a vehicle for post accident or
random on the road testing. We highly recommend having a cab pack for each of your vehicles to decrease
the possibility of errors during post accident testing.
DOT Program Materials
FMCSA Drug & Alcohol Testing Forms Packet Paper Version: $34.95
CD Version: $39.95
The IHSN Drug & Alcohol Testing Forms Packet is designed to aid employers in complying with the record
keeping requirements of the Federal Motor Carriers Safety Administration’s drug and alcohol testing
program. Each of these time saving forms includes a guide at the bottom of each form listing to whom, and
where copies of each form should be distributed. Additionally, each of the program checklists included
features not only a list of required documents, but also the time period the form must be retained by the
employer. Unlike the program forms sold by other companies, you do not need to buy our forms more than
once! IHSN provides you with a packet of master forms that can be photocopied for your internal company
use. This packet is also available on CD (Files are in pdf format).
DOT Drug and Alcohol Testing Regulations: Part 382 $14.95
This guidebook provides you with a complete copy of the current Part 382 drug and alcohol testing rules.
(A pdf version of this booklet is available to download for free in the “clients only” area of our web site.)
DOT Drug and Alcohol Testing Regulations: Part 40 $14.95
This guidebook provides you with a complete copy of the current Part 40 drug and alcohol testing rules.
(A pdf version of this booklet is available to download for free in the “clients only” area of our web site.)
FMCSA Supervisor's Reasonable Suspicion Training Guide $64.95
This guide is designed to meet the supervisor training requirements of 382.603. This manual provides your
supervisors with guidance concerning the physical, behavioral, speech and performance indicators of drug
and alcohol abuse. Additionally, this manual provides guidance concerning how to approach employees
when reasonable suspicion testing is required and how to document the request for testing (includes
sample forms)
Driver’s Guide to the FMCSA Drug & Alcohol Testing Rules $4.50
This booklet is designed to educate your employees about the dangers and health effects of the use and
abuse of drugs and alcohol. This booklet meets the requirements of part 382.601(b) and is designed to be
distributed to each of your drivers along with a copy of your company’s written drug and alcohol policy.
FMCSA Complete Materials Package $172.00
Save 5%! This cost saving package includes all the basic program materials you need to implement your
FMCSA testing program. This package includes 1 - Drug & Alcohol Testing Forms Packet (paper version),
1 - Supervisor’s Reasonable Suspicion Training Manual, 1 - DOT Drug and Alcohol Testing Regulations:
Part 382 book, 1 - DOT Drug and Alcohol Testing Regulations: Part 40 book, 5 – FMCSA Driver’s
Guidebooks, and 5 – Cab Pack Test Kits. (Don’t forget to order additional Driver’s Guides and cab packs for
each additional driver!)
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Service Fees - FMCSA
IHSN Premier Service Program
IHSN Services Guide
SAMHSA Laboratory Testing
DOT SAMHSA 5-panel Test
Certified Medical Review Officer Services
Automated Results Reporting
Deluxe Result Reporting Options
Next Day Reporting on Negative Test Results
Positive Test Results Confirmed by GC/MS
Specimen Collection Supplies
Collection Site Referral Services & Account Set-Up Services (First 2 sites free, fee for
each additional site)
Premier Random Selection Services
DOT Regulatory and Program Compliance Assistance
Access to IHSN’s 24 hour Emergency Testing Services
Access to IHSN’s Non-Emergency Over-The-Road Collection Site Set-Up Services
IHSN’s Premier Customer Service Package
Premier Specimen Status Tracking
Expedited Correction of Correctable Custody and Control Form Errors
Regular Customer Service Account Reviews
Subscription to IHSNews
Password Access to IHSN’s On-Line Regulation and Compliance Resource Center
One Monthly Billing Statement for all Lab, MRO and IHSN Services
Annual Service Fee:...............................................................................................................$229.00
Fee Per Drug Test:............................................................................................................... $44.90*
Optional Services
Collection Site Referral & Set-Up Services............First 2 sites free, $45 fee for each additional site
Urine Specimen Collection Combined Billing Service ........................................................$5.00/test
Non-Emergency Site Set-Up Services (regular office hours) .........................$45.00 per set-up plus
testing and collection fees
Emergency After Hours Site Set-Up Services ...............................................$75.00 per set-up plus
testing and collection fees
Split Specimen Re-test..........................................................................................$180.00 per test**
SAP Referral Services........................................................................................$150.00 per referral
Employee And Supervisor Training Programs.................................... See Program Materials Sheet
Program Management and Resource Materials................................. See Program Materials Sheet
*Test Fees are based upon a maximum positive rate of 5 % per year. Positive test results above the 5 %
maximum annual rate will be subject to an additional $45.00 fee per test. If translation services are
required for an MRO interview with a non-English speaking employee, the MRO will utilize the translation
services of AT & T Language Line. The employer will be charged a per minute translation fee based upon
the current rate charged by AT & T Language Line.
** Split Specimen re-test fees are billed to the employer and the employer is responsible for payment of all
split specimen re-test fees. The employer may choose to seek reimbursement from the employee
according to the employer’s company policy.
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Service Agreement
DURATION OF OFFER: This offer is open for 30 days from the date of this proposal
DURATION OF PRICING: Annual fee and test fees are effective for term of this agreement. IHSN reserves the
right to increase client’s annual fee or test fees due to regulation changes or unforeseen increases in
laboratory, shipping or other costs. IHSN will provide Client a written notice of any mid term increase in the
annual fee or test fees 30 days in advance. Fees at renewal will be IHSN’s present market price at the time of
renewal. Fees for all other services are subject to change without notice.
PAYMENT TERMS: Invoices are issued monthly and payment is due within 15 days of the invoice date.
CUSTOMER SATISFACTION GUARANTEE: Subject to the conditions below, if customer is dissatisfied with
IHSN’s quality of service or support, IHSN will, at customer’s written request: (i) cancel service and close the
account, and (ii) cancel customer’s contract without liability for the termination fee. CONDITIONS TO
SATISFACTION GUARANTEE:
1. IHSN must receive written notice of the issue from the customer.
2. The issue must be attributable to facilities or causes within IHSN’s reasonable control; for example problems
caused by acts of God, natural disasters, inclement weather or third parties are not grounds to invoke the
guarantee.
3. If the issue is due to the performance of a subcontracted or coordinated third party service provider (i.e. lab,
MRO, collection site, etc.) IHSN must be reasonably given the opportunity to (i) resolve the problem with the
existing service provider, or (ii) change service providers and pass through any corresponding differences in
service provider fees. If there is no alternate service provider reasonably available or customer is unwilling to
accept an alternate service provider, then the issue shall not be covered by this satisfaction guarantee.
4. IHSN is unable to resolve a covered problem to customer’s reasonable satisfaction within 30 days after
receipt of written notice.
5. Customer’s account must be current (no balance older than 30 days).
TERM AND TERMINATION: Client agrees that IHSN will be its sole provider of the drug and alcohol testing
services covered by this agreement, unless those services are not available because of location, emergency or
necessitated by regulations or government authorities. This agreement shall be for an Initial Term of 1 year
from the date signed by the Customer. Upon expiration of the Initial Term, this agreement shall automatically
renew for successive 1-year periods at IHSN’s present market price at the time of renewal. Customer or IHSN
may terminate this Agreement at the end of any term by submitting a written notice to the other party at least
thirty (30) days prior to the end of such term. If service is terminated prior to expiration of the current term,
whether by IHSN for customer breach, or by Customer other than under the Customer Satisfaction Guarantee,
Customer shall forfeit all annual fees paid and upon demand by IHSN pay a termination fee equal to either 1)
the average monthly billing for all prior months of the current term multiplied by the number of months
remaining on the current term or 2) the average monthly billing for the last 12 months multiplied by the number
of months remaining on the current term, whichever is greater.
AMENDMENTS: Changes in federal or state regulations or standard testing practices may necessitate periodic
amendments to the terms of this agreement. In the event an amendment is necessary, IHSN will issue a written notice
to the client which shall include a deadline by which client must notify IHSN of its refusal to accept the amended terms.
Failure to provide notice by and/or continued use of IHSN services after the expiration of this deadline will constitute
acceptance of the amendment by client.
ACCEPTANCE: Acceptance may be made by email, mail or fax. Email and fax documents shall serve as originals.
ENTIRE AGREEMENT: This written Agreement and the accompanying Service Fees sheet constitute the entire
agreement between the parties and supersedes any prior or contemporaneous proposals, discussion or agreements,
whether verbal or written.
CHOICE OF LAW: This agreement shall be construed and controlled by the laws of the State of Wisconsin
and both parties further consent to the jurisdiction of the state and federal courts sitting in that state.
Customer hereby accepts and agrees to the terms, conditions and pricing as stated in this proposal.
For: ___________________________________________ For Industrial Health Services Network, Inc.
(Company Name)
By ____________________________________________A
(Name of Authorized Representative) Emily S. Battis, President VD010118
_______________________________________________ Date: _____________________________
(Signature of Authorized Representative)
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Premier Service Enrollment Form - FMCSA
Our Testing Program Is: Mandated by U.S. DOT Regulations
Non-DOT/Company Policy (If you selected this option, please stop here and
contact your IHSN representative to request a Non-DOT enrollment form)
If your company is regulated by the US Department of Transportation, please indicate all DOT
Modal Agency Drug and Alcohol Testing Regulations your company must comply with:
Federal Motor Carrier Safety Administration (FMCSA)
Other DOT Agency (please list agency name) ________________________________
Result Reporting Preferences
Results should be directed to the following address:
Mailing Address: ________________________________________________________
City. State, Zip: _________________________________________________________
Phone: (_____________) __________________________________________
Please list the names of the individuals authorized to receive test results (please list phone # if
different than number listed above):
Primary person________________________________________________________
2nd person___________________________________________________________
3rd Person____________________________________________________________
Desired reporting method:
Auto Fax reporting is a computerized faxing system that immediately faxes test results to your
secure fax upon release by the MRO. If auto fax is selected, you must have a secure fax with
access to this fax limited to only those individuals authorized to receive test results.
Notify Fax reporting is designed for clients who do not have a secure fax or who want to control their
inbound faxes. A notice is faxed to you informing you when your tests are available for reporting. Then
you simply call IHSN to have your test result reports released to your fax while you monitor your fax
machine.
Phone reporting is designed for clients who do not have a secure fax. A representative will call you with
your test results and a written copy will be mailed to you the same day.
Mail reporting is designed for clients who do not have a secure fax. When the result is released by the
MRO for reporting, a written copy of the result is mailed to you. This is the least efficient way to
receive results and is not recommended for clients who are anxiously awaiting test results.
Select one: Auto Fax* Notify-Fax* Phone* Mail only
If Auto fax or notify-fax reporting is selected, enter the fax number to report results:
( )_________-_________
* If fax or phone reporting is selected, the client will receive a preliminary result report
via fax or phone. A final result report signed by the MRO is then sent via U.S. Mail.
Newsletter Subscription:
A copy of our newsletter publication, IHSNews, is provided to each client as part of their annual
program fee. The newsletter is sent out by email. Please list the email address that you would like
your newsletter sent to:
______________________________________@___________________________________
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Premier Service Enrollment Form - FMCSA
Random Selections
I want IHSN to complete our company drug & alcohol random selections?Yes No
If yes, which quarter do you want IHSN to begin making these selections*?
immediately for the current quarter (clients just starting a program or clients who have not
completed random selections for the current quarter should check this option)
1st quarter(Jan.-March 31) 2nd Quarter(April 1-June 30)
3rd quarter(July 1-Sept. 30) 4th quarter(Oct. 1-Dec. 31)
*IHSN standardly performs random selections on a quarterly basis. If your company’s operations are
seasonal, please contact your representative to discuss the appropriate random selection schedule for your
company.
Selection Rate:
Random selections are drawn at a rate equal to the minimum annual selection rate set by the
applicable DOT agency. If you would like your selection rate set higher than the minimum annual
selection rate, please enter the desired selection rate below, otherwise leave this section blank.
Drug: ___________%/ calendar year Alcohol: _____________%/calendar year
All random correspondence should be directed to:
Random Selection Contact: _____________________________________________________
Phone: ____________________________ Fax: ________________________________
Email: _________________________________________________________________
Address: _______________________________________________________________
City, State, Zip: __________________________________________________________
All random correspondence should be sent by (please select one):
mail fax email
Billing Information
Accounts Payable Contact: _________________________________________________
Phone: ( )____________________________ Fax: ( ) _____________________
Billing Address: ___________________________________________________________
City, State, Zip: __________________________________________________________ _
Physical/Shipping Address
Street Address: ___________________________________________________________
City, State, Zip: __________________________________________________________ _
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Premier Service Enrollment Form - FMCSA
Program Supplies
Item Description Quantity Unit Price Total
Annual Service Fee 1 $229.00 $229.00
Collection Site Referral & Set-Up Services (first 2 sites free) $45.00
Cab packs $5.90
FMCSA Drug & Alcohol Testing Forms Packet (printed)$34.95
FMCSA Drug & Alcohol Testing Forms Packet (CD) $39.95
DOT Drug and Alcohol Testing Regulations: Part 382 $14.95
DOT Drug and Alcohol Testing Regulations: Part 40 $14.95
FMCSA Supervisor’s Reasonable Suspicion Training Guide $64.95
Driver’s Guide to the FMCSA Drug & Alcohol Testing Rules $4.50
Complete FMCSA Training Package $172.00
Subtotal
Sales Tax (WI residents add 5.5% sales tax. SD residents
add 4% state sales tax plus the applicable city sales tax.)
Shipping & Handling: Introductory Materials 1 $14.95 $ 14.95
Shipping & Handling: Additional Program Materials:
(Based on weight. Please call for quote if paying by check.
IHSN will automatically calculate for credit card orders.)
Total
Please mail your check to IHSN (or complete the credit card authorization below) for this amount at the
time you mail your acceptance. If you are faxing your acceptance please complete the credit card
authorization form below.
Credit Card Payment Authorization
Please charge my credit card for the annual program fee and any supplies ordered above
Card: VISA MASTERCARD
Card Number: ______________________________________________
3-Digit Security Code (found on the backside of card): ______________
Card Expiration Date: ________________________________________
Cardholder Name: ___________________________________________
Card Billing Address: _________________________________________________________
City, State, Zip: ______________________________________________________________
Cardholder Phone Number: ___________________________________
Cardholder Signature: ________________________________________
To establish Your Account, Please submit the following by fax or mail to:
Industrial Health Services Network, Inc.
Attn: Account Setup
P.O. Box 490, Hudson, WI 54016
Fax: (715) 386-9308
1. Your signed Service Agreement
2. Your completed Enrollment Form
3. A List of your current collection facilities (please include the site name, complete address, phone
number, fax number and contact person) or a list of the locations where sites are needed,
4. If you have requested random selection services, a complete list of the names and social security numbers of your
employees for random selections. You must submit a computer file or use the form provided.
5. A check or completed credit card billing authorization for the annual program fee and any program supplies ordered.
(NOTE: Please do not send credit card information by email. Please mail, fax or call in your credit card information)
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Premier Service Program – Non-DOT
IHSN’s Premier Service Program is a high service model designed for employers who want a
comprehensive solution for their drug and alcohol testing program needs. This service package is
ideal for employers who want the assistance and experience of knowledgeable staff to coordinate
their testing services and assist with the administration of their program. Clients who enroll in our
Premier Service program receive the following Superior Quality and Value Added Service
Package:
IHSN Services Guide
Upon enrollment each IHSN client receives our valuable IHSN Services Guide. Our IHSN
Services Guide provides:
• An introduction to our service program,
• Answers to your common service questions,
• A listing of your designated service providers (Lab, MRO & collection sites),
• Program Management Resources,
• Sample Forms,
• Sample Company Policy Information, and
• Tabbed sections for you to store your service contracts and copies of our monthly
newsletter, IHSNews.
This handy ring-bound guidebook is divided into convenient tabbed sections for easy reference
and convenient storage of your important program documents.
Laboratory and MRO Services
IHSN makes using or changing to our services a snap by making all the arrangements for
establishing your laboratory testing and Medical Review Officer (MRO) accounts. IHSN will set-up
your account with one of our contracted top quality SAMHSA certified labs and establish your
MRO services account with our MRO Services Department. IHSN also takes care of ordering and
arranging for the laboratory to ship the initial supply of drug testing materials directly to you or to
each of your designated collection sites, making a change to IHSN services a breeze!
Test Panel
Employers who enroll in our Premier service program receive their choice of testing panels.
Employers can select our standard 5-panel, 7-panel, 10-panel or a custom panel drug screen.
Our standard 5-panel drug screen tests for THC/Marijuana, Cocaine,
Amphetamines/Methamphetamines, Opiates and PCP. Our standard 7-panel drug screen tests
for all substances included on the 5-panel test plus benzodiazepines and barbiturates. Our
standard 10-panel drug screen tests for all substances included on the 7-panel test plus
methadone, methaqualone and propoxyphene.
Rapid Result Reporting
IHSN understands that drug test results cannot come too soon. Your company’s critical
personnel and operations decisions depend on them. Our MRO Services Department is
dedicated to providing the rapid, top quality service you need. Negative test results are generally
reported the afternoon following specimen collection (provided the collection facility ships the
sample the same day it is collected and faxes a copy of the MRO copy of the custody and control
form to our offices the day of collection). Positive laboratory test results are handled immediately
upon receipt from the laboratory ensuring minimal wait times for your MRO verified result.
Deluxe Result Reporting Options
IHSN recognizes that some companies may require test results to be reported to multiple
locations or require varying levels of access to test results. Our sophisticated result reporting
system has the ability to report test results to multiple locations and to accommodate varying
access levels to result data.
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Premier Service Program – Non-DOT
Specimen Collection Supplies
IHSN provides all specimen collection supplies needed for drug testing including:
♦ Specimen collection and bottle containers
♦ Custody and Control Forms (CCF) pre-printed with your company’s account information;
and,
♦ Courier overnight shipping envelope and airbill for sending specimens to your designated
SAMHSA-certified lab
IHSN will order and ship the initial supply of testing materials to you or directly to your collection
site(s).
Collection Site Location and Account Set-Up
Our Premier service clients receive IHSN’s Collection Site Locator & Account Set-up Service.
Locating and establishing urine specimen collection and alcohol testing sites is critical to the
success of your Drug and Alcohol Testing Program. Using our vast collection site database and
collection site locator resources, we will locate collection sites in your designated testing areas
and help you determine which sites best meet your unique service needs. We will then coordinate
the set-up of your account at each chosen collection site by providing the site with detailed
instructions concerning the establishment of your account, including:
♦ Your company name, address, phone numbers and authorized contacts
♦ The names, addressees and phone numbers of your testing lab and MRO
♦ Specimen shipping instructions
♦ Instructions concerning how to order additional testing supplies,
♦ Instructions concerning the disbursement of testing paperwork, and
♦ Billing instructions
Additionally we will also order and ship the initial supply of specimen collection materials to each
collection site or if you prefer we will ship the supplies directly to you for distribution to your sites or
employees. IHSN will also act as a liaison between the employer and the collection site on an
ongoing basis.
Premier Random Selection Services
IHSN’s drug and alcohol random selection services are included at no extra charge for clients
enrolled in our Premier service program. IHSN’s sophisticated computerized random selection
service is designed to simplify the management and employee list maintenance duties of your
random selection program. IHSN creates an individual random selection pool for each client
enrolled in our Premier service program. To help you keep your employee list up to date, each
quarter IHSN sends you a reminder to submit changes to your employee list. Our easy to
complete update forms or electronic submission procedures make updating your employee list
quick and painless!
Our random computer system automatically calculates the number of random selections required
for the quarter and then selects the appropriate number of employees for random drug and/or
alcohol testing. We also automatically select a percentage of alternates in addition to the primary
selections. These alternates are provided for your convenience to be used in cases when the
original employees selected are not available for testing due to termination, medical leave, etc.
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Premier Service Program – Non-DOT
Premier service clients also receive the following additional random selection service and
reporting benefits.
• For Premier service clients, our computer system tracks your drug tests as they enter our test
results system and matches the selections made to the random tests you have completed. If
a test enters our test results system labeled as a random test, but does not match a selection
in our system, (i.e. the test was marked as a random, but is actually a different category of
test; or the SS# on the paperwork does not match the SS# in our data base; etc.) we
automatically contact you to determine the cause of the discrepancy and then submit any
necessary data changes to the testing laboratory. This process ensures that all of your
random testing is properly completed and labeled so that your IHSN random progress and
laboratory statistical reports will reflect the correct data.
• Premier service clients are sent a progress report just prior to the end of each selection period
detailing the status of the random drug testing for the current period. This report includes a
summary of the number of selections made, the number of drug tests completed to date and
the number of drug tests remaining to be completed for the selection period. This value
added report is a timely management tool providing either a confirmation that you have
completed all the required drug testing for the period or a friendly reminder that you still have
testing to complete before the period ends.
• Premier Service Clients who fail to complete their random testing by the end of the selection
period are issued a notice of non-completion each month until the testing has been
completed. These friendly reminders are designed to assist you in maintaining compliance
with your company policy or vendor contracts and serve as a gentle reminder that you still
have outstanding tests that need to be completed.
Our Premier random selection system makes managing your random selection program as easy
as 1-2-3!
Please Note: If a client does not complete all the required random selections for two successive selection
periods, IHSN reserves the right to cancel random selection services on the account.
Access to IHSN’s 24 hour Emergency Testing Assistance
Because accidents do not occur just on weekdays or during regular office hours, IHSN has staff
on call 24 hours a day, 365 days a year to assist our Premier service Clients with post-accident or
other emergency testing situations. To utilize this service simply call our toll free number day or
night and we will locate a test site and make all the arrangements with the clinic for the required
testing. When you are dealing with an accident or other emergency testing situation the last thing
you want to worry about is locating a competent site to perform drug and alcohol testing. We
make arranging for emergency testing worry free!
Access to IHSN’s Non-Emergency Over-The-Road Collection Site Set-up Services
Because it is not always possible or convenient to use your permanent collection sites for pre-
employment, random or other testing, IHSN offers our Premier service Clients our IHSN “Over-
the-Road” Collection Site Set-Up Service. To use this service simply call our toll free number
during regular office hours. We will locate a collection site in the requested area and make all the
arrangements for the required testing. We then call you back with the facility information so you
can direct your employee to the test site. This service is a great tool for completing random testing
on-the-road or pre-employment testing on applicants who live far distances from your place of
business, saving you travel and lodging expenses when qualifying applicants.
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Premier Service Program – Non-DOT
Premier Specimen Status Tracking & Expedited Result Reporting
IHSN understands that drug test results cannot come too soon, your critical personnel decisions
depend on them. If you are particularly anxious about the status of a pending test result simply
call our offices. Our MRO staff will contact the lab to 1) verify that the lab has received the
specimen, 2) determine the testing status of the specimen and, 3) obtain an estimate of when the
lab is expected to release the result to the MRO for review.
In addition to contacting the lab to verify the status of your test results, for Premier service clients,
our MRO staff will also contact your collection site to verify that the employee did complete the
test, we will verify when the sample was shipped, and track the specimen with the courier service
responsible for transporting the specimen to the testing laboratory. If you are particularly anxious
about a specific result, for Premier service clients, our MRO staff can also enter a “flag” in our
computer system that will automatically notify the staff member the minute that specific result is
received into our computer system. The result can then be flagged for “priority or emergency”
processing to further expedite the MRO review and reporting process.
Expedited Correction of Custody and Control Form errors
Some MRO’s simply cancel specimens that are submitted to the lab with minor Custody and
Control Form Errors (i.e. missing date, missing collector signature, collector failed to mark test
type, etc.) rather than taking the time to correct them. Other MRO’s leave it up to the laboratory to
obtain the necessary documentation required to correct paperwork errors. These practices cost
the employer not only time and lost revenue, but also the cost and hassle of arranging for a
second collection if the sample must be re-collected. IHSN, however, takes an active role in the
correction process. When a correctable Custody and Control form error occurs, the laboratory
notifies our MRO of any errors for your account. Our MRO administrative staff then expedites the
correction process by coordinating with the collector to correct the error. Our MRO staff contacts
the collector to inform the collector of the error, review the proper procedures to ensure that the
error does not happen again, and obtain the necessary corrective paperwork. This involvement in
the correction process to expedite the correction of custody and control form errors is not
common practice for most MRO organizations. Our MRO Services Department is committed to
going the extra mile, ensuring that you receive your test results as rapidly as possible. This
commitment to excellence speeds up the processing time for Custody and Control form errors
saving you time and money.
Regular Customer Service Account Reviews
All Premier service clients receive regular account reviews. Our friendly, dedicated staff will
contact you to review your account history and point out any changes in testing activity that may
indicate a service or compliance concern. This personalized service helps you identify and
correct compliance issues before they become a problem.
Subscription to IHSNews
Our monthly newsletter, IHSNews provides articles on a variety of drug and alcohol testing topics.
One subscription to IHSNews is provided to each IHSN client as part of their service program.
IHSN’s on-line Resource Center
Premier service Clients have access to our on-line Resource Center. This Resource Center
located on IHSN’s web site (www.ihsn.com) provides access to:
♦ Program Management Tools
♦ Past issues of IHSNews, and
♦ Links to Variety of useful DOT, Government and Industry Drug and Alcohol Testing Web
Sites.
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Premier Service Program – Non-DOT
Drug and/or Alcohol Free Workplace Policies
IHSN recommends that any employer requiring employee drug and alcohol testing have a written
drug and/or alcohol testing policy for their company. Due to the fact that testing regulations vary
from state to state, it is not possible for IHSN to provide a model policy that would comply with the
laws of all 50 states. IHSN recommends that you engage the services of a competent attorney to
develop a testing policy specific to your state law and individual company needs. Listed below
are some sources for information concerning state drug testing laws that may assist you with the
development of your company policy.
• Your company legal counsel: Your company legal counsel should be able to assist you in
identifying any state drug testing laws that you must comply with as well as assist you in writing
your company policy.
• Your State Attorney General’s Office: Your State Attorney General’s Office should be able to
provide you with information regarding your state’s drug testing laws.
• U.S. Department of Labor: This web site features a variety of information and resources
concerning how to develop a drug free workplace policy, including a policy builder module.
http://www.dol.gov/elaws/drugfree.htm
• Substance Abuse and Mental Health Services Administration: This site provides information
and tools regarding drug-free workplace programs. You can access this web site at
http://www.samhsa.gov/workplace
• Drug Free Workplace – Office of National Drug Control Policy: This web site offers a variety
of information and resources regarding drug free workplace programs including links to state and
local drug offices and publications.
http://www.whitehousedrugpolicy.gov/prevent/workplace/index.html
• The National Clearinghouse for Alcohol and Drug Information: This web site features
publications for workplace drug testing programs. http://www.health.org/workplace
• DTState Laws: This is a multimedia subscription information service that offers subscribers access
to state statutes, court decisions, issues forums, state news, and employer notes concerning
workplace drug and alcohol testing. For more information visit http://www.dtstatelaws.com/
• Institute for a Drug Free Workplace: This organization provides a variety of publications to
assist employers in implementing and maintaining their drug free work place programs including a
guide to state and federal drug testing laws. http://store.drugfreeworkplace.org/publications.aspx
Optional Services
Employee Information and Supervisor Training Programs
Employee Information and Supervisor Training Programs are key to maintaining an effective drug
and alcohol testing program. It is essential that employees understand not only what is expected
of them, but also what to expect when they submit to drug and alcohol testing. Our employee
guide is packed with easy to read information and includes a certificate of receipt for your
personnel files.
Supervisors play a crucial role in an effective drug and alcohol-testing program. More than
anyone else, they are in a position to recognize changes in an employee’s job performance. Our
supervisor-training guide gives your supervisors the tools they need to make reasonable suspicion
determinations. This training guide is packed with valuable information and includes sample
forms and a certificate of completion.
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Drug Screen Collection & Alcohol Testing Services
IHSN will work with your existing provider location(s) or will establish drug screen collection and
alcohol testing sites for you. Below you will find our suggestion(s) for service providers in the
areas you requested. If you prefer to work with a different facility than the site(s) listed below,
please provide your representative with the name, address and phone number of the site of your
choice. Fees for drug screen collection and alcohol testing services will be the usual and
customary fees charged by the site. Unless otherwise noted below, all fees for services provided
by your collection site will be billed to you directly by the provider site. The collection site service
fees listed below are based on the collection site’s current fee schedule and are subject to change
without notice. Please note that collection and alcohol testing fees are in addition to IHSN’s
testing fees.
Stillwater Medical Group - Workwell
1500 Curve Crest Blvd.
Stillwater, MN 55082
Hours:M - F: 8am-4:15pm
Appt not required but a
call ahead is preferred
for any service.
Urine Specimen
Collection Fee:
$24.00
Phone:(651) 439-1234 DOT Physical Fee:$85.00
Fax:(651) 275-3395 Breath Alcohol Test
Fee:
$44.00
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
IHSN Program Materials
Cab Packs $5.90
A Cab Pack is a sealed collection kit that contains the specimen bottle kit, a chain of custody form, an
airway bill, an MRO envelope and courier shipping bag. The pack is designed to be kept aboard a company
vehicle for post accident or random on the road testing.
Supervisor's Reasonable Suspicion Training Guide $64.95
This manual is designed to provide your supervisors with information concerning the physical, behavioral,
speech and performance indicators of drug and alcohol abuse. Additionally this manual offers guidance
concerning how to approach employees when reasonable suspicion testing is required and how to
document the request for testing (sample forms included).
Employee Drug & Alcohol Testing Information Guide $4.50
This booklet is designed to educate your employees about the dangers and health effects of the use and
abuse of drugs and alcohol as well as information regarding what to expect when they submit to drug
and alcohol testing.
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Service Fees – Non-DOT
IHSN Premier Service Program
IHSN Services Guide
SAMHSA Laboratory Testing
Choice of Test Panel (5, 7, 10 Panel)
Certified Medical Review Officer Services
Automated Results Reporting
Deluxe Result Reporting Options
Next Day Reporting on Negative Test Results
Positive Test Results Confirmed by GC/MS
Specimen Collection Supplies
Premier Random Selection Services
Access to IHSN’s 24 hour Emergency Testing Services
Access to IHSN’s Non-Emergency Over-The-Road Collection Site Set-Up Services
IHSN’s Premier Customer Service Package
Premier Specimen Status Tracking
Expedited Correction of Correctable Custody and Control Form Errors
Regular Customer Service Account Reviews
Subscription to IHSNews
Password Access to IHSN’s On-Line Resource Center
One Monthly Billing Statement for all Lab, MRO and IHSN Services
Annual Service Fee:...............................................................................................$179.00*WAIVED
One Time Account Set-Up Fee ...............................................................................................$50.00
Fee Per Drug Test:..............................................................................................................$44.90**
*Annual fee is waived as long as the client has an active DOT account with IHSN. An annual fee will be
implemented for this non-DOT testing account if the client should close its DOT account or request that either
random selection services or separate billing statements be provided for the non-DOT account.
Optional Services
Collection Site Referral & Set-Up Services.................................................$45.00 per collection site
Urine Specimen Collection Combined Billing Service ........................................................$5.00/test
Non-Emergency Site Set-Up Services (regular office hours) .........................$45.00 per set-up plus
testing and collection fees
Emergency After Hours Site Set-Up Services ...............................................$75.00 per set-up plus
testing and collection fees
Split Specimen Re-test........................................................................................ $180.00 per test***
SAP Referral Services........................................................................................$150.00 per referral
Employee And Supervisor Training Programs.................................... See Program Materials Sheet
**Test Fees are based upon a maximum positive rate of 5 % per year. Positive test results above the 5 %
maximum annual rate will be subject to an additional $35.00 fee per test. If translation services are
required for an MRO interview with a non-English speaking employee, the MRO will utilize the translation
services of AT & T Language Line. The employer will be charged a per minute translation fee based upon
the current rate charged by AT & T Language Line.
** *Split Specimen re-test fees are billed to the employer and the employer is responsible for payment of all
split specimen re-test fees. The employer may choose to seek reimbursement from the employee
according to the employer’s company policy.
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Service Agreement
DURATION OF OFFER: This offer is open for 30 days from the date of this proposal
DURATION OF PRICING: Annual fee and test fees are effective for term of this agreement. IHSN reserves
the right to increase client’s annual fee or test fees due to regulation changes or unforeseen increases in
laboratory, shipping or other costs. IHSN will provide Client a written notice of any mid term increase in the
annual fee or test fees 30 days in advance. Fees at renewal will be IHSN’s present market price at the time of
renewal. Fees for all other services are subject to change without notice.
PAYMENT TERMS: Invoices are issued monthly and payment is due within 15 days of the invoice date.
CUSTOMER SATISFACTION GUARANTEE Subject to the conditions below, if customer is dissatisfied with
IHSN’s quality of service or support, IHSN will, at customer’s written request: (i) cancel service and close the
account, and (ii) cancel customer’s contract without liability for the termination fee. CONDITIONS TO
SATISFACTION GUARANTEE:
1. IHSN must receive written notice of the issue from the customer.
2. The issue must be attributable to facilities or causes within IHSN’s reasonable control; for example problems
caused by acts of God, natural disasters, inclement weather or third parties are not grounds to invoke the
guarantee.
3. If the issue is due to the performance of a subcontracted or coordinated third party service provider (i.e. lab,
MRO, collection site, etc.) IHSN must be reasonably given the opportunity to (i) resolve the problem with the
existing service provider, or (ii) change service providers and pass through any corresponding differences in
service provider fees. If there is no alternate service provider reasonably available or customer is unwilling to
accept an alternate service provider, then the issue shall not be covered by this satisfaction guarantee.
4. IHSN is unable to resolve a covered problem to customer’s reasonable satisfaction within 30 days after
receipt of written notice.
5. Customer’s account must be current (no balance older than 30 days).
TERM AND TERMINATION Client agrees that IHSN will be its sole provider of the drug and alcohol testing
services covered by this agreement, unless those services are not available because of location, emergency or
necessitated by regulations or government authorities. This agreement shall be for an Initial Term of 1 year
from the date signed by the Customer. Upon expiration of the Initial Term, this agreement shall automatically
renew for successive 1 year periods at IHSN’s present market price at the time of renewal. Customer or IHSN
may terminate this Agreement at the end of any term by submitting a written notice to the other party at least
thirty (30) days prior to the end of such term. If service is terminated prior to expiration of the current term,
whether by IHSN for customer breach, or by Customer other than under the Customer Satisfaction Guarantee,
Customer shall forfeit all annual fees paid and upon demand by IHSN pay a termination fee equal to either 1)
the average monthly billing for all prior months of the current term multiplied by the number of months
remaining on the current term or 2) the average monthly billing for the last 12 months multiplied by the number
of months remaining on the current term, whichever is greater.
AMENDMENTS Changes in federal or state regulations or standard testing practices may necessitate periodic
amendments to the terms of this agreement. In the event an amendment is necessary, IHSN will issue a written notice
to the client which shall include a deadline by which client must notify IHSN of its refusal to accept the amended terms.
Failure to provide notice by and/or continued use of IHSN services after the expiration of this deadline will constitute
acceptance of the amendment by client.
ACCEPTANCE Acceptance may be made by email, mail or fax. Email and fax documents shall serve as originals.
ENTIRE AGREEMENT This written Agreement and the accompanying Service Fees sheet constitute the entire
agreement between the parties and supersedes any prior or contemporaneous proposals, discussion or agreements,
whether verbal or written.
CHOICE OF LAW This agreement shall be construed and controlled by the laws of the State of Wisconsin and
both parties further consent to the jurisdiction of the state and federal courts sitting in that state.
Customer hereby accepts and agrees to the terms, conditions and pricing as stated in this proposal.
For: ___________________________________________ For Industrial Health Services Network, Inc.
(Company Name)
By ____________________________________________A
(Name of Authorized Representative) Emily S. Battis, President VND040116
_______________________________________________ Date: _____________________________
(Signature of Authorized Representative)
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Premier Service Enrollment Form – Non-DOT
Our Testing Program Is: Non-DOT/Company Policy
Mandated by Government Regulations (If you selected this option, please stop
here and contact your IHSN representative to request the correct enrollment form)
Test panel choice: 5 panel(standard) 5 panel(DOT Look-A-Like) 7 panel 10 panel
Result Reporting Preferences
Results should be directed to the following address:
Mailing Address: ________________________________________________________
City. State, Zip: _________________________________________________________
Phone: (_____________) __________________________________________
Please list the names of the individuals authorized to receive test results (please list phone # if
different than number listed above):
Primary person________________________________________________________
2nd person___________________________________________________________
3rd Person____________________________________________________________
Desired reporting method:
Auto Fax reporting is a computerized faxing system that immediately faxes test results to your
secure fax upon release by the MRO. If auto fax is selected, you must have a secure fax with
access to this fax limited to only those individuals authorized to receive test results.
Notify Fax reporting is designed for clients who do not have a secure fax or who want to control their
inbound faxes. A notice is faxed to you informing you when your tests are available for reporting. Then
you simply call IHSN to have your test result reports released to your fax while you monitor your fax
machine.
Phone reporting is designed for clients who do not have a secure fax. A representative will call you with
your test results and a written copy will be mailed to you the same day.
Mail reporting is designed for clients who do not have a secure fax. When the result is released by the
MRO for reporting, a written copy of the result is mailed to you. This is the least efficient way to
receive results and is not recommended for clients who are anxiously awaiting test results.
Select one: Auto Fax Notify-Fax
Mail Only Phone followed by mailed copy
If fax or notify-fax reporting is selected, enter the fax number to report results:
( )_________-___________
Newsletter Subscription:
A copy of our newsletter publication, IHSNews, is provided to each client as part of their annual
program fee. The newsletter is sent out by email. Please list the email address that you would like
your newsletter sent to:
______________________________________@___________________________________
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Premier Service Enrollment Form – Non-DOT
Random Selections
Does your company have a random testing program? Yes No
Billing Information
Accounts Payable Contact: _________________________________________________
Phone: ( )____________________________ Fax: ( ) _____________________
Billing Address: ___________________________________________________________
City, State, Zip: __________________________________________________________ _
Physical/Shipping Address
Street Address: ___________________________________________________________
City, State, Zip: __________________________________________________________ _
I N D U S T R I A L H E A L T H S E R V I C E S N E T W O R K , I N C .
Premier Service Enrollment Form – Non-DOT
Program Supplies
Item Description Quantity Unit Price Total
Annual Service Fee 1 $179.00 waived
One Time Account Set-Up Fee 1 $50.00 $50.00
Collection Site Referral & Set-Up Services 1 $45.00 $45.00
Cab packs $5.90
Supervisor’s Reasonable Suspicion Training Guide
(Non-DOT Version)
$64.95
Employee Drug & Alcohol Testing Information Guide
(Non-DOT Version)
$4.50
Subtotal
Sales Tax (WI residents add 5.5% sales tax. SD residents
add 4% state sales tax plus the applicable city sales tax.)
Shipping & Handling: Introductory Materials 1 $14.95 $ 14.95
Shipping & Handling: Additional Program Materials:
(Based on weight. Please call for quote if paying by check.
IHSN will automatically calculate for credit card orders.)
Total
Please mail your check to IHSN (or complete the credit card authorization below) for this amount at the
time you mail in your acceptance. If you are faxing your acceptance please complete the credit card
authorization form below.
Credit Card Payment Authorization
Please charge my credit card for the annual program fee and any supplies ordered above
Card: VISA MASTERCARD
Card Number: ______________________________________________
3-Digit Security Code (found on the backside of card): ______________
Card Expiration Date: ________________________________________
Cardholder Name: ___________________________________________
Card Billing Address: _________________________________________________________
City, State, Zip: ______________________________________________________________
Cardholder Phone Number: ___________________________________
Cardholder Signature: ________________________________________
To establish Your Account, Please submit the following by fax or mail to:
Industrial Health Services Network, Inc.
Attn: Account Setup
P.O. Box 490, Hudson, WI 54016
Fax: (715) 386-9308
1. Your signed Service Agreement
2. Your completed Enrollment Form
3. If you have requested random selection services, a complete list of the names and social security numbers of your
employees for random selections. You must submit a computer file or use the form provided.
4. A check or completed credit card billing authorization for the annual program fee and any program supplies ordered.
(NOTE: Please do not send credit card information by email. Please mail, fax or call in your credit card information)
1
STAFF REPORT
DATE: February 20, 2018
REGULAR
ITEM #: 17
MOTION
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Review of the Chicken Ordinance
REVIEWED BY: Ben Prchal, City Planner
BACKGROUND:
Staff had been asked to prepare an analysis of surrounding communities and their rules relating to the
keeping of chickens. The Council reviewed the analysis at its workshop on January 9, 2018 and directed
Staff to increase the number of chickens allowed on properties within the City. The Council tabled this
item at its February 20, 2018 meeting.
PROPOSAL DETAILS/ANALYSIS:
Current Ordinance. The current ordinance allows property owners to own more chickens based on the
number of acres they have. No property owner is allowed to keep chickens on property of .49 acres or
less. The table below outlines the number of chickens that are allowed on properties of 0.5-5 acres. A
permit must be obtained to keep chickens on properties of 5 acres or less. The permit application requires
that notices be mailed to all homes within 150 feet of the applicant’s property prior to issuance of the
permit, and the permit is valid for up to two years. Chickens kept on properties of 5 acres or more are
restricted to 0.02 animal units per 2 grazable acres (50 chickens per 2 grazable acres).
Lot Size (Acres) Chickens Allowed
0.00 - 0.49 0
0.50 - 0.99 4
1.00 - 1.49 6
1.50 - 1.99 8
2.00 - 2.49 10
2.50 - 2.99 12
3.00 - 3.49 14
3.50 - 3.99 16
4.00 - 4.49 18
4.50 - 4.99 22
Amended Ordinance. At the January 9, 2018 workshop, Council directed Staff to make the following
amendments to the Chicken Ordinance. The amended ordinance is attached for reference.
2
• Allow up to 4 chickens on lots of 0.49 acres in size or less.
• Increase the number of chickens allowed on lots of 0.5-4.49 acres in size by 2.
• Increase the number of chickens allowed on lots of 4.50-4.99 acres in size to 30.
• Remove the requirement that notice be sent out to property owners within 150 feet of the applicant’s
property prior to issuance of the chicken permit that is required to keep chickens on properties of
less than five acres.
• All permits are valid for up to two years.
ATTACHMENTS:
1. Ord. 08-196
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-___-196
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADDING ADDITIONAL STANDARDS FOR SOLAR ENERGY SYSTEMS.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title IX: General
Provisions; Chapter 95: Animals, by amending the following:
§ 95.108 KEEPING OF CHICKENS.
(A) Chickens on less than 5 acres.
Lot Size (Acres) Chickens Allowed
0.00 - 0.49 0 4
0.50 - 0.99 4 6
1.00 - 1.49 6 8
1.50 - 1.99 8 10
2.00 - 2.49 10 12
2.50 - 2.99 12 14
3.00 - 3.49 14 16
3.50 - 3.99 16 18
4.00 - 4.49 18 20
4.50 - 4.99 22 30
(B) Chickens on 5 acres or more. Chickens maintained on parcels of 5 acres or more are
restricted to 0.02 animal units per 2 grazable acres. A permit is not required for keeping chickens
on a parcel size of 5 acres or more. For reference, see “Animal Unit Equivalency” chart in §
95.090.
(Ord. 08-100, passed 2-18-2014)
§ 95.109 PERMIT REQUIRED; TERM, CONSENT, FEE.
(A) No person shall (without first obtaining a permit in writing from the City Clerk) own,
keep, harbor, or have custody of any live chicken on a lot less than 5 acres.
(B) The first permitPermits is are valid for up to 2 years beginning on the date of issuance
and ending on December 31 of the following second year. Subsequent permits are valid from
January 1 to December 31.
(C) Prior to issuance of a permit, notices must be mailed to all homes within 150 feet of the
applicant’s property lines.
2
(D C) The fee for a permit may be imposed, set, established and fixed by the city council, by
ordinance, from time to time.
(Ord. 08-100, passed 2-18-2014) Penalty, see § 10.99
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 43 Adoption Date. This Ordinance 08-___ -196 was adopted on this ______ day of
___ 2018, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Mike Pearson, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
This Ordinance 08-____ was published on the ____ day of ___________________, 2018.
1
STAFF REPORT
DATE: 2/20/18
REGULAR
ITEM #: 18
MOTION
TO: Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Lake Elmo Inn Parking Lot Conditional Use Permit
REVIEWED BY: Ben Prchal, City Planner
BACKGROUND:
The City has received a request from Lake Elmo Inn, Inc. for a conditional use permit for a parking
facility as a principal use for the property located at 3504 Lake Elmo Avenue North.
Existing Vacant Lot
Land Use:
Existing Zoning: VMX – Village Mixed Use
Surrounding Single family homes to the North (VMX – Village Mixed Use) and West (RS –
Use/Zoning: Rural Single Family); Commercial (VMX – Village Mixed Use) to the South and
West.
Comprehensive VMX – Village Mixed Use
Plan:
History: The site has long been a vacant lot and is currently being used for parking for the
Lake Elmo Inn restaurant. There is no parking lot currently at the site, however.
Deadline Application Complete – 12/18/17
for Action: 60 Day Deadline – 2/16/18
Extension Letter Mailed – Yes
120 Day Deadline – 4/17/18
Applicable §154.500 VMX – Village Center District
Regulations: § 154.106 – Conditional Use Permits
§ 154.210 – Off-street Parking
ISSUE BEFORE COUNCIL:
The Council is being asked to review the request for a Conditional Use Permit for a parking facility as a
principal use on the property located at 3504 Lake Elmo Avenue North.
PROPOSAL DETAILS/ANALYSIS:
2
Purpose for Parking Facility. Lake Elmo Inn has expressed the need for more parking for their restaurant.
The applicant had stated Washington County Old Village of Lake Elmo: Street and Utility Improvement
Project (Phase 2) had brought about some on-street parking challenges. The applicant has also stated that
the Lake Elmo Inn has been using the subject property located at 3504 Lake Elmo Avenue North, which is
not paved for a parking lot, for a number of years now for parking. This is not allowed per ordinance,
however, as the City’s off-street parking requirements mandate that in all residential, commercial and mixed
use districts, all areas intended to be utilized for parking space for five or more vehicles and associated
driveways shall be paved with a durable surface including, but not limited to, hot asphalt, bituminous, or
concrete. In addition to parking on the subject property, the Inn has also used parking within the right-of-
way for valet parking.
Current Available Parking for the Lake Elmo Inn. The City’s off-street parking requirements mandate
that a standard restaurant provide at least one space per 3 customer seats or each 100 square feet of interior
space. The Lake Elmo Inn is currently served with approximately 9 parking spaces on the parcel on which
the restaurant is located. Additionally, the Inn appears to utilize a parcel to the north for some parking,
which appears to provide approximately 12 spaces. The Inn also works with a property owner to the east
who provides shared parking. Parking standards for a standard restaurant require one space per 100 square
feet or one space per three customers. The Inn’s site plan indicates 2609 square feet, and so the parking that
would be required if the site plan for the restaurant were being reviewed today would be 26 spaces.
3
2 handicap
2 regular
5 in back
Lake Elmo Inn
Approximately 12 spaces
Parcel to the north of Lake
Elmo Inn
4
Conditional Use Permit Required for Parking Facility in VMX District. The property is located within
the VMX zoning district, and a conditional use permit for a parking facility in the VMX District is required.
Parking Lot Design.
• Access. The applicant is proposing access off of 34th Street North via a driveway.
• Number. The applicant is proposing a total of 54 spaces for the parking lot.
• Proposed Paving in the Right-of-Way. These 54 spaces, however, include proposed pavement in
the right-of-way. This is not allowed. All improvements must be contained within the site. This
will result in at least 11 spaces from the proposed plan needing to be removed.
• Size. The drawing that the applicant has provided is not scalable, and therefore Staff does not know
if the proposed size of the stalls is adequate. The stalls will need to be at least 9 feet in width, 8’6”
in depth, and aisles will need to be at least 22 feet wide in order to allow two-way access.
• Accessibility Parking. At least one accessible parking space will be required if the site has 1 to 25
parking spaces, and 26 to 50 parking spaces will require an additional accessible parking space. At
least one of the accessible parking spaces must be van-accessible.
• Required Setback from Residential Properties. The City’s requirements mandate that off-street
parking containing more than four parking spaces shall be located a minimum of twenty (20) feet
from the boundary of any adjacent lot zoned or used for residential purposes. The property to the
north is used for residential purposes, and the property to the west is zoned for residential purposes,
and therefore the parking lot must be setback 20 feet from these properties.
• Marking of Parking Spaces. The proposed site plan shows that parking spaces will be marked.
Marking of spaces with painted lines at least four inches in width is a requirement for parking lots
with five or more spaces.
• Curbing. The City’s off-street parking facilities require that open off-street parking areas designed
to have head-in parking along the property line shall provide a bumper curb not less than five (5)
feet from the side property line or a barrier of normal bumper height not less than three (3) feet
from the side property line.
• Landscaping. The applicant has not submitted a landscaping plan for the parking lot. The parking
lot application will need to include a landscape plan that includes the following:
o Interior Parking Lot Landscaping. At least 5% of the interior area of parking lots with
more than 30 spaces is to be devoted to landscaping planning areas in islands or corner
beds. Because the proposed number of spaces is over 30, this will be a requirement.
Additionally, at least one tree per ten spaces or fraction thereof must be provided.
o Perimeter Parking Lot Landscaping. A landscaped frontage strip at least five feet wide
needs to be provided between parking areas and public streets, sidewalks or paths and
include screening consisting of either a masonry wall, fence, berm, or hedge or
combination that forms a screen 3.5-4 feet in height. Additionally, screening 4-6 feet in
height along the north and west sides of the parcel (sides abutting residential properties)
shall be provided along with at least one deciduous or coniferous tree every forty feet (this
Shared Parking
5
will require at least 4 along the northern property line and at least two along the western
property line).
Engineering Review. At this time, the Applicant has not submitted construction plans for the parking lot.
The Applicant will be required to submit a parking lot permit application approved by the City Engineer.
Valley Branch Watershed District. Because the proposed increase of impervious surface on the site will
be more than 6,000 square feet, the Applicant will be required to obtain a Valley Branch Watershed District
permit.
Planning Commission Review. The Planning Commission held a public hearing and considered the
request for a parking facility for the property located at 3504 Lake Elmo Avenue North on February 12,
2018. One comment from the public was received prior to the meeting expressing desire that the property
be used for a public parking facility rather than solely for the restaurant and that it be paved. One neighbor
had concern about lighting. Another resident expressed excitement about the parking lot, reiterating the
need for additional parking for the restaurant.
The Planning Commission discussed the following in regards to the proposed parking facility:
• Lighting. There was discussion about parking lot lighting timers to prevent light pollution on
adjacent residential properties during hours that the restaurant is closed.
• Landscaping. As mentioned in this report the Commission had concern that the screening
requirements along the public street would inhibit visibility and pose safety risks. They
recommended amending the condition by removing the requirement that such landscaping be
installed.
The parking lot must adhere to all screening and landscaping requirements as outlined
in the Staff Report to the Planning Commission dated 2/12/2018 except for the
requirement that landscape screening be required along Lake Elmo Avenue and 34th
Street North.
• Crosswalk at Intersection of 34th Street North and Lake Elmo Avenue. The Commission
also made comment on the removal of the crosswalk across Lake Elmo Avenue at the
intersection of 34th Street North and Lake Elmo Avenue. The Commission sees a need for
that crosswalk to be replaced, as they have seen some safety issues with its removal. This has
no bearing on the subject request, but the Planning Commission would like this
communicated to Council and to the County.
The Planning Commission recommended approval of the proposed conditional use permit for a
parking lot facility with a vote of 7-0.
Recommended Findings. Staff recommends the following required findings for allowing a conditional
use:
1. The proposed use will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city. The proposed use will pave
an area that has already been used as parking for a significant period of time, bringing
the property in to compliance with City Code.
2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The area
is guided for VMX – Village Mixed Use in the Land Use Guide of the Comprehensive
Plan. Parking facility is a conditional use in this district.
3. The use or development is compatible with the existing neighborhood. A parking facility
will alleviate parking needs for the Lake Elmo Inn.
4. The proposed use meets all specific development standards for such use listed in Article 7 of
this Chapter. There are no specific development standards for a parking facility in
Article 7.
6
5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets
all the specific standards for such use listed in Chapter 150, §150.250 through 150.257
(Shoreland Regulations) and Chapter 152 (Flood Plain Management). The property is
located outside the 0.2% annual chance floodplain and is not within the shoreland area.
6. The proposed use will be designed, constructed, operated and maintained so as to be
compatible in appearance with the existing or intended character of the general vicinity and
will not change the essential character of that area. The property is already used for
parking. Paving a parking lot will not drastically change the existing or intended
character of the general vicinity or alter the essential character.
7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to
existing or future neighboring structures. The proposed parking lot will potentially slightly
increase the number of cars that are able to park on the property than had been
parking there previously when the parking area was not paved, but paving the parking
lot will bring the property in to compliance with City standards.
8. The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the establishment of the proposed use.
The proposed use will be adequately served by the aforementioned, provided a parking
lot application is submitted and approved, meeting City standards.
9. The proposed use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the community.
The proposed use will not create additional requirements or cost.
10. The proposed use will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. The
use will not involve anything that would be detrimental.
11. Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares. The use will create little more
traffic congestion than already exists at the site.
12. The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance. N/A
Recommended Conditions of Approval. If approved, Staff recommends the following conditions of
approval for the Conditional Use Permit allowing the use of a parking facility at 3504 Lake Elmo
Avenue North:
1. The Applicant shall submit and have approved a parking lot permit meeting all zoning,
engineering, and other applicable requirements.
2. The parking lot must adhere to all screening and landscaping requirements as outlined in the
Staff Report to the Planning Commission dated 2/12/2018 except for the requirement that
landscape screening be required along Lake Elmo Avenue and 34th Street North.
3. The applicant must obtain a permit from the Valley Branch Watershed District prior to the
issuance of a permit for construction, provide a copy of the permit to the City, and adhere to
all conditions of approval.
4. Lighting will need to comply with Section 150.035: Lighting, Glare Control, and Exterior
Lighting Standards of the City Code.
5. The parking lot shall not extend beyond property lines.
6. The Applicant shall not barricade public right-of-way for the use of valet parking or any
other purposes without issuance of a right-of-way obstruction permit by the City.
7
FISCAL IMPACT:
Staff does not foresee fiscal impact.
OPTIONS:
The Council may:
• Adopt Resolution 2018-018 approving the requested Conditional Use Permit with recommended
conditions.
• Amend recommended conditions of approval and adopt Resolution 2018-018 approving the
requested Conditional Use Permit with conditions as amended.
• Direct Staff to prepare a Resolution denying the Conditional Use Permit.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of the request for a Conditional Use Permit to
allow the use of a parking facility on the property located at 3504 Lake Elmo Avenue North.
“Move to recommend approval of a Conditional Use Permit for a parking facility on the property
located at 3504 Lake Elmo Avenue North, subject to recommended conditions of approval.”
ATTACHMENTS:
• Application
• Resolution 2018-018 approving the conditional use permit
Resolution 2018-018 1
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2018-018
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PARKING FACILITY
FOR THE PROPERTY LOCATED AT 3504 LAKE ELMO AVENUE NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Lake Elmo Inn, Inc., PO Box 182, Lake Elmo, MN 55042, (the
“Applicant”) has submitted an application to the City of Lake Elmo (the “City”) for a
Conditional Use Permit to allow a parking facility at the property located at 3504 Lake Elmo
Avenue North (the “Property”); and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.102; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on February 12, 2018; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report dated
February 20, 2018 to the City Council; and
WHEREAS, the City Council considered said matter at its February 20, 2018 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the City
Council makes the following:
FINDINGS
1) That the procedures for obtaining said Conditional Use Permit are found in the Lake
Elmo Zoning Ordinance, Section 154.106.
2) That all the submission requirements of said Section 154.106 have been met by the
Applicant.
3) That the proposed Conditional Use Permit is to allow a parking facility on the property
located at 3504 Lake Elmo Avenue North.
4) That the Conditional Use Permit amendment is granted for the property legally described
as follows and commonly known as 11459 60th Street North:
COUNTY AUD PLAT NO 8 LAKE ELMO CITY SUBDIVISIONNAME COUNTY AUDITOR'S PLAT NO.8 LOT 7
SUBDIVISIONCD 37135
5) The proposed use will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city. The proposed use will pave
Resolution 2018-018 2
an area that has already been used as parking for a significant period of time, bringing
the property in to compliance with City Code.
6) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The area
is guided for VMX – Village Mixed Use in the Land Use Guide of the Comprehensive
Plan. Parking facility is a conditional use in this district.
7) The use or development is compatible with the existing neighborhood. A parking facility
will alleviate parking needs for the Lake Elmo Inn.
8) The proposed use meets all specific development standards for such use listed in Article 7 of
this Chapter. There are no specific development standards for a parking facility in
Article 7.
9) If the proposed use is in a flood plain management or shoreland area, the proposed use meets
all the specific standards for such use listed in Chapter 150, §150.250 through 150.257
(Shoreland Regulations) and Chapter 152 (Flood Plain Management). The property is
located outside the 0.2% annual chance floodplain.
10) The proposed use will be designed, constructed, operated and maintained so as to be
compatible in appearance with the existing or intended character of the general vicinity and
will not change the essential character of that area. The property is already used for
parking. Paving a parking lot will not drastically change the existing or intended
character of the general vicinity or alter the essential character.
11) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to
existing or future neighboring structures. The proposed parking lot will potentially slightly
increase the number of cars that are able to park on the property than had been
parking there previously when the parking area was not paved, but paving the parking
lot will bring the property in to compliance with City standards.
12) The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the establishment of the proposed use.
The proposed use will be adequately served by the aforementioned, provided a parking
lot application is submitted and approved, meeting City standards.
13) The proposed use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the community.
The proposed use will not create additional requirements or cost.
14) The proposed use will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. The
use will not involve anything that would be detrimental.
15) Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares. The use will create little more
traffic congestion than already exists at the site.
16) The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance. N/A
Resolution 2018-018 3
CONCLUSIONS AND DECISION
Based on the foregoing, the Applicant’s application for a Conditional Use Permit to allow a
parking facility at the property located at 3504 Lake Elmo Avenue is granted, subject to the
following conditions:
1) The Applicant shall submit and have approved a parking lot permit meeting all zoning,
engineering, and other applicable requirements. The parking lot permit application shall be
reviewed by the City’s Engineering and Planning Department and Washington County and
any other applicable agencies.
2) The parking lot must adhere to all screening and landscaping requirements as outlined in the
Staff Report to the Planning Commission dated February 12, 2018 except for the requirement
that landscape screening be required along Lake Elmo Avenue and 34th Street North.
3) The applicant must obtain a permit from the Valley Branch Watershed District prior to the
issuance of a permit for construction, provide a copy of the permit to the City, and adhere to
all conditions of approval.
4) Lighting will need to comply with Section 150.035: Lighting, Glare Control, and Exterior
Lighting Standards of the City Code.
5) The parking lot shall not extend beyond property lines.
6) The Applicant shall not barricade public right-of-way for the use of valet parking or any
other purposes without issuance of a right-of-way obstruction permit by the City.
Passed and duly adopted this 20th day of February, 2018 by the City Council of the City of Lake
Elmo, Minnesota.
__________________________________
Michael Pearson, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk
BUSINESS ITEM 6A
STAFF REPORT
DATE: 2/20/2018
REGULAR
AGENDA ITEM: 19
TO: City Council
FROM: Emily Becker, Planning Director
ITEM: 4564 Kimbro Avenue North Minor Subdivision and Zoning Map Amendment
REVIEWED BY: Ben Prchal, City Planner
BACKGROUND:
The Council is being asked to consider the requests from Beverly Rieks for a minor subdivision to
subdivide the property located at 4564 Kimbro Avenue North in to two separate parcels, creating one new
lot and for a Zoning Map Amendment to re-zone the aforementioned property from A - Agricultural to
RR – Rural Residential.
GENERAL INFORMATION
Applicant: Beverly Rieks, 4564 Kimbro Avenue North, Lake Elmo, MN
Property Owners: Beverly Rieks, 4564 Kimbro Avenue North, Lake Elmo, MN
Location: 4564 Kimbro Avenue North, Lake Elmo, MN, PID# 11.029.21.13.0001
Request: Application for a Minor Subdivision to split said property into two separate parcels
with one new lot.
Existing Single Family Home
Land Use:
Existing Zoning: A - Agricultural
Surrounding RR - Rural Residential with detached single family homes to the north, south and west
Use/Zoning:
Comprehensive Rural Area Development
Plan:
History: The site has been used as a single family residence and farming purposes.
Deadline Application Complete – 2/1/2018
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for Action: 60 Day Deadline – 4/2/2018
Extension Letter Mailed – No
120 Day Deadline – N/A
Applicable Chapter 153 – Subdivision Regulations
Regulations: §154.400 – Rural Districts
REVIEW AND ANALYSIS:
Minor Subdivision
Review of Minor Subdivision. The property meets the requirements of Section 153.09: Exceptions to
Platting, as it qualifies as a minor subdivision, as the proposed subdivision is a division of land that
results in no more than four parcels. City requires that a completed Minor Subdivision application be
submitted to the Planning Commission for its review and recommendation to City Council. There is no
public hearing requirement for a Minor Subdivision request.
Parkland Dedication. The City requires cash contribution in lieu of land dedication for residential
development resulting in three or fewer parcels. This fee is set by Council resolution. The current fee
schedule for parkland dedication for residential development up to four lots is $3600 per new lot created.
Therefore, the applicant will need to pay $3600 for parkland dedication for the one new lot created.
Rezoning Required.
• As outlined above in the General Information section of this report, the property is zoned A –
Agricultural, and the minimum lot size for this zoning district is 40 acres.
• The applicant is requesting to subdivide the currently 73.51 acre parcel in to two separate parcels
of 10.03 and 63.48 acres in size. The 10.03 acre parcel does not meet the required minimum lot
size for the Agricultural zoning district.
• Therefore, in order to subdivide the current parcel as proposed, the property would need to be
rezoned from A – Agricultural to RR – Rural Residential.
Septic Design. The Applicant has submitted a septic system design by Ed Eklin Septic System Design.
The proposed design is a Type 1 sewage treatment design, and a pressurized mound system is
recommended. The proposed septic area is 21,400 square feet and is shown on the attached survey.
Valley Branch Watershed District (VBWD). The applicant has granted the Valley Branch Watershed
District an easement over parts of the property per the District’s request. The VBWD has issued a permit
for the construction of the new home.
Engineering Comments. The City Engineer has provided engineering comments in the attached memo
dated January 12, 2018. These comments are also outlined below, as they are pertinent points the
Commission should carefully consider. An update has also been provided, as the applicant has addressed
many of the comments of the aforementioned memo.
• Right-of-Way Dedication Required. The current parcel runs across Kimbro Avenue North, which
currently has a prescriptive easement. It will be a condition of approval that 80 feet of right-of-
way be dedicated to the City centered on the center line of Kimbro Avenue North (40 feet on each
side). Additionally, a 10-foot utility easement corridor will need to be provided along the right-of-
way on both sides of Kimbro Avenue North.
o Update: This has been updated since the applicant has received the Engineer’s
comments. An 80 foot right-of-way is shown as dedicated to the City (40 feet on each
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side of the centerline of Kimbro Avenue as traveled. Additionally, a 10 foot utility
easement has been provided.
• Proposed Septic System. The septic field will need to be set back at least 10 feet from the ROW
and not within the easement corridor or right-of-way.
o Update: The septic field is set back 10 feet from the right -of-way and is outside of the
utility easement.
• Driveway. The driveway should be reconstructed to be perpendicular to Kimbro Avenue within
the Kimbro Avenue right-of-way and the driveway should align with the existing driveway on the
west side of the road.
o Update: The driveway has been reconfigured to be perpendicular and align with the
existing driveway on the west side of the road.
Zoning Map Amendment
Zoning Map Amendment Review. A zoning map amendment requires a public hearing and findings to
submit the same together with its recommendation to Council. Any rezoning shall be consistent with the
Comprehensive Plan.
Consistency with Comprehensive Plan. As mentioned above, the property is guided for Rural Area
Development in the Comprehensive Plan Land Use Plan. The Comprehensive Plan allows a density of 0.1
units per acre in this district. Corresponding zoning districts to the Rural Area Development Land Use are
A – Agricultural and RR – Rural Residential.
Proposed Zoning – RR – Rural Residential District. The RR District is established for lands that have
existing small-scale agricultural activity, as well as single-family residential dwellings. Future residential
development may occur at a density of 1 dwelling unit per 10 acres, or through the Open-Space
Preservation Development process. These sites are expected to be served by on-site wastewater treatment
facilities. Some limited agriculture-related businesses, such as wayside stands, are appropriate as interim
uses for this district.
Allowed Uses. The following table provides a side-by-side comparison of what is allowed within the
Agricultural District vs. the Rural Residential District (differences highlighted). The applicant intends to
use Parcel B, as shown in the attached survey, as a single family detached home. Parcel A will remain
vacant for the time being.
A RR Standard
Residential Uses
Household Living
Single-Family Detached
Dwelling
P P 154.404 (A)
Secondary Dwelling P - 154.404 (D)
Services
Self Service Storage Facility Ia Ia 154.404 (G)
Outdoor Recreation
Outdoor Recreation Facility C - 154.306 (C)
Parks and Open Areas P P 154.012 (B) (7)
Restricted Recreation C - 154.306 (B)
Agricultural and Related Uses
Agricultural Entertainment
Business
I I 154.914
Agricultural Production P P 154.012 (B) (9)
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Agricultural Sales Business I I 154.913
Agricultural Services C - 154.404 (J)
Forestry Operations P - 154.012 (B) (9)
Greenhouses, Non Retail C C 154.012 (B) (9)
Wayside Stand P P 154.012 (B) (9)
Industrial and Extractive Uses
Motor Freight and Warehousing - - 154.404 (G)
Accessory Uses
Bed and Breakfast C C 154.012 (B) (12)
Domestic Pets P P 154.012 (B) (12)
Family Day Care P P 154.012 (B) (12)
Home Occupation P P 154.012 (B) (12)
Kennel, Private C C 154.012 (B) (12)
Solar Equipment P P 154.310 (C)
Stable, Private C C 154.012 (B) (12)
Swimming Pools, Hot Tubs,
Etc.
P P 154.012 (B) (12)
Water-Oriented Accessory
Structures
P P 154.800
Other Structures Typically
Incidental and
Clearly Subordinate to
Permitted Uses
P P
Commercial Wedding
Ceremony Venue
I I 154.310 (D)
Lot Size and Setbacks. The minimum lot size within the RR – Rural Residential zoning district is 10
acres, and the proposed two newly-created parcels will be 27.94 and 10.03 acres in size, meeting
minimum requirements. The proposed lot widths will be 1315.30 and 512.59 feet in width. Setbacks will
be reviewed at time of building permit application.
Conceptual Requirements.
• While the Zoning Code typically requires a conceptual sewer and water utility plan, conceptual
landscape plan, and conceptual grading, erosion control, and storm water management plan for
rezoning, the resultant parcels will be used as single family homes, and grading and erosion
control will be reviewed at the time of the building permit application.
• Due to the aforementioned, Staff recommends that the aforementioned conceptual requirements
be waived.
Site Design and Development Standards. All lots must have at least 20,000 square feet of land suitable
for septic drainfields and area sufficient for 2 separate and distinct drainfield sites. Placement of the
second required drainfield between the trenches of the first drainfield is prohibited.
Planning Commission Review and Public Hearing. The Planning Commission held a public hearing
and considered the requests at its February 12, 2018 meeting. There were multiple inquiries regarding the
proposed Zoning Map Amendment and Minor Subdivision prior to the public hearing. During the public
hearing, there was concern expressed that the Zoning Map Amendment would result in the loss of
farmland. There was also question as to why the 10 acre parcel alone could not be rezoned to Rural
Residential instead of the entire 73.51 acre parcel. The applicant responded by explaining that there were
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no plans to further develop the remaining parcel in the near future and that current operations would not
change.
The Planning Commission had the following comments in regards to the requests:
• Question about Intent of Parkland Dedication. At the time of the Planning Commission
meeting, the proposal was to subdivide the property in to three separate parcels, creating two new
parcels. Staff had reported that the parkland dedication fee for the creation of two new parcels
with a minor subdivision would result in a fee of $7200 ($3600 per new lot created). As a result,
the surveyor had asked the Planning Commission if it would be amenable to propose that the lot
to the west and north of the newly created parcel be one lot in order to reduce the parkland
dedication fee. The Planning Commission was agreeable to this but continued with discussing the
intent of the parkland dedication fee and if it made sense to charge a fee for a minor subdivision.
It was explained that this fee could not be amended unless an ordinance amendment was passed.
The Planning Commission recommended approval of the proposed Minor Subdivision and Zoning Map
Amendment with a vote of 7-0.
DRAFT FINDINGS
Minor Subdivision.
1. That the Minor Subdivision is consistent with the Lake Elmo Comprehensive Plan and the Future
Land Use Map for this area.
2. That the Minor Subdivision complies with the minimum lot frontage and area requirements of the
City’s RR – Rural Residential zoning district.
3. That the Minor Subdivision complies with the City’s subdivision ordinance and specifically the
requirements concerning exceptions to platting.
Zoning Map Amendment. Staff is recommending that the Planning Commission consider the following
findings with regards to the proposed Zoning Map Amendment to rezone the property located at 4564
Kimbro Avenue North:
1. That the proposed rezoning is consistent with the Lake Elmo Comprehensive Plan and Future
Land Use Map for this area.
RECOMMENDED CONDITIONS OF APPROVAL:
Minor Subdivision.
1) The property shall be rezoned to RR – Rural residential.
2) The applicant shall pay a fee in lieu of parkland dedication in the amount of $3600.00 prior to any
formal City authorization to split the existing parcel into three lots.
3) The applicant address all comments outlined in the City Engineer memo dated January 12, 2018.
4) The applicant must submit and receive approval of a building permit application; grading, erosion
control, and other applicable plans prior to the commencement of any construction activity on the
parcel.
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5) The applicant must obtain all other necessary City, State, Valley Branch Watershed District and
other applicable governing body permits prior to the commencement of any construction activity
on the parcel and must adhere to all conditions to which such permits are issued.
Zoning Map Amendment.
1) That the City approve the Minor Subdivision request as proposed by the Certificate of Survey
dated 12/6/2017.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of the minor subdivision request by Beverly
Rieks to split the parcel at 4564 Kimbro Avenue North into two separate parcels, thereby creating one
new lot of 63.48 acres and 10.03 acres.
“Move to adopt Resolution 2018-019 approving the Minor Subdivision request for the property
located at 4564 Kimbro Avenue North, subject to the 5 outlined conditions of approval.”
Staff and the Planning Commission recommend approval of the request by Beverly Rieks for a Zoning
Map Amendment to rezone the property from A – Agricultural to RR – Rural Residential.
“Move to adopt Ord. 08-201 approving the Zoning Map Amendment to rezone the property located at
4564 Kimbro Avenue North from A- Agricultural to RR – Rural Residential, subject to one condition of
approval.”
ATTACHMENTS:
1. Application Forms
2. Minor Subdivision Survey
3. City Engineer Memo Dated 1/12/18
4. Resolution 2018- approving the Minor Subdivision
5. Ord. 08- approving the Zoning Map Amendment
ORDER OF BUSINESS:
- Introduction ............................................................................................. Planning Staff
- Report by Staff ........................................................................................ Planning Staff
- Questions from the Commission .................................. Chair & Commission Members
- Public Comments .................................................................................................. Chair
- Discussion by the Commission .................................... Chair & Commission Members
- Action by the Commission ........................................... Chair & Commission Members
PAGE 1 of 1
MEMORANDUM
Date: January 12, 2018
To: Emily Becker, Planning Director Re: Rieks Minor Subdivision (4564 Kimbro Ave.)
From: Jack Griffin, P.E., City Engineer Site Improvements Plan Review
The Beverly Rieks Minor Subdivision located at 4564 Kimbro Avenue was received January 8, 2018 consisting of
the following documentation:
Certificate of Survey, dated 12/6/2017.
Engineering has the following review comments:
1. The Certificate of Survey should be updated to provide an accurate scale and key dimensions should be labeled
on the drawing to clearly document the proposed Minor Subdivision. The legend should be updated to identify
each line type used on the survey, or each line type must be labeled.
2. Kimbro Avenue North is a collector rural section roadway requiring a minimum 80‐foot right‐of‐way. As part of
the minor subdivision, a 40‐foot right‐of‐way dedication must be provided as measured from the existing
centerline of Kimbro Avenue. An updated certificate of survey should clearly identify the proposed right‐of‐way
dedication with dimensions labeled.
3. In addition to right‐of‐way dedication, a 10‐foot utility easement corridor should be dedicated adjacent to the
right‐of‐way along the length of Kimbro Avenue. The certificate of survey should be updated to clearly identify
the proposed easement and the easement width should be labeled on the drawing.
4. The proposed septic system area should be located so that there is no encroachment into the dedicated
Kimbro Avenue right‐of‐way or 10‐foot utility easement corridor.
5. The certificate of survey shows an existing driveway to a new proposed home. The driveway should be
reconstructed to be perpendicular to Kimbro Avenue within the Kimbro Avenue right‐of‐way and the driveway
centerline should align with the existing driveway on the west side of the road.
6. The County Viewer indicates the current property is larger than indicated on the Certificate of Survey. The
County Viewer shows the current property at 73.51 acres. If the property currently extends to the west side of
the Kimbro Avenue roadway centerline, then additional right‐of‐way/easement dedication should be provided
up to the full 80‐foot right‐of‐way with 10‐foot utility easements on both sides.
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4285
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2018-019
A RESOLUTION APPROVING A MINOR SUBDIVISION OF
PROPERTY LOCATED AT 4564 KIMBRO AVENUE NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Beverly Rieks, 4564 Kimbro Avenue North, Lake Elmo, MN, (Applicant)
has submitted an application to the City of Lake Elmo (City) for a Minor Subdivision to
subdivide the property located at 4564 Kimbro Avenue North in to three separate parcels in
accordance with the certificate of survey dated December 6, 2017 and signed by Timothy J.
Freeman, P.L.S., License #16989, a copy of which is on file in the City of Lake Elmo Planning
and Zoning Department; and
WHEREAS, the Lake Elmo Planning Department has reviewed the Minor Subdivision
request for consistency with the City of Lake Elmo Zoning and Subdivision Ordinances; and
WHEREAS, the Lake Elmo Planning Commission reviewed the proposed Minor
Subdivision at a meeting held on February 12, 2018; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation concerning the Minor Subdivision as part of a memorandum to the City
Council for the February 20, 2018 Council Meeting; and
WHEREAS, the City Council reviewed the Applicant’s Minor Subdivision request at a
meeting held on February 20, 2018.
NOW, THEREFORE, based upon the testimony elicited and information received, the
City Council makes the following:
FINDINGS
1. That the Minor Subdivision is consistent with the Lake Elmo Comprehensive Plan and
the Future Land Use Map for this area.
2. That the Minor Subdivision complies with the minimum lot frontage and area
requirements of the City’s RR – Rural Residential zoning district.
3. That the Minor Subdivision complies with the City’s subdivision ordinance and
specifically the requirements concerning exceptions to platting.
4. That the Minor Subdivision subdivides the following parcel, creating one new lot,
resulting in two lots total of 10.03 acres and 63.48 acres:
S1/2-NW1/4 DESC AS FOLL BEG AT PT ON N LN SD S1/2-NW 1/4 WHICH IS 33FT
WLY FROM NE COR THEREOF THN N89DEG57'35"W ASM BRG ALG SD N LN DIST
473. 50FT TO JLM THN S00DEG37'33"E DIST 629.38FT TO JLM THN S89
DEG22'10"W DIST 27.32FT TO JLM THN S00DEG02'25"W DIST 30.35FT TO JLM THN
S89DEG57'35"E PARL WITH SD N LN DIST 496.96FT TO JLM WHICH IS 33FT WLY
FROM E LN SD S1/2-NW1/4 THN N00DEG15' 35"W PARL WITH SD E LN & 33FT
WLY THEREFROM DIST 660FT TO POB ALSO THAT PT SD S1/2-NW1/4 DESC AS
FOLL BEG AT NE COR SD S1/2-NW1/4 MRKD BY JLM THN S00 DEG15'35"E ASM
BRG ALG E LN SD S1/2-NW1/4 DIST 1315.69FT TO SE COR SD S1/2-NW1/4 DIST
1315 .69FT TO SE COR SD S1/2-NW1/4 THN N89DEG58'39"W ALG S LN SD S1/2-
NW1/4 DIST 33FT TO JLM THN S00DEG15'35"E PARL WITH SD E LN S1/2-NW1/4
DIST 49.50FT TO JLM THN N89DEG58'39"W ALG S LN OF N 3RDS OF NE1/4-SW1/4
DIST 1278.78FT TO SW COR SD N 3 RDS MRKD BY JLM THN N00DEG 15'03"W ALG
W LN SD NE1/4-SW 1/4 DIST 49.50FT TO NW COR SD NE1/4-SW1/4 MRKD BY JLM
THN N 89DEG58'39"W ALG S LN SD S1/2- NW1/4 DIST 399.89FT TO JLM THN
N00DEG19'18"W DIST 656.23FT TO JLM THN S89DEG57'35"E PARL TO N LN SD
S1/2-NW1/4 DIST 1182. 41FT TO JLM THN CONT S89DEG57' 35"E PARL WITH N LN
SD S1/2-NW DIST 496.96FT TO JLM WHICH IS 33FT WLY FROM E LN SD S1/2-NW
1/4 THN N00DEG15'35"W PARL TO SD E LN & 33FT WLY THEREFROM DIST 660FT
TO JLM WHICH IS ON N LN SD S1/2-NW1/4 33FT WLY FROM NE COR THEREOF
THN S89DEG 57'35"E ALG N LN SD S1/2-NW1/4 DIST 33FT TO POB ALSO THAT PT
SD S1/2-NW1/4 DESC AS FOLL COM AT NE COR SD S1/2-NW1/4 THN WLY ALG N
LN THEREOF ON ASM BRG N89DEG57'35"W DIST 526.50 FT THN S00DEG02'25"W
DIST 629. 65FT TO POB THN CONT ALG LAST DESC LN DIST 30.35FT THN N89
DEG57'35"W DIST 1182.41FT THN N00DEG19'18"W DIST 16.5FT THN
N89DEG22'10"E DIST 1182.60FT TO POB Section 11 Township 029 Range 021
CONCLUSIONS AND DECISION
NOW, THEREFORE, BE IT RESOLVED THAT that based on the testimony elicited
and information received, the City Council of the City of Lake Elmo hereby approves the Minor
Subdivision request, provided the following conditions are met:
1) The property shall be rezoned to RR – Rural residential.
2) The applicant shall pay a fee in lieu of parkland dedication in the amount of $3600.00 prior to any
formal City authorization to split the existing parcel into three lots.
3) The applicant must submit and receive approval of a building permit application; grading, erosion
control, and other applicable plans prior to the commencement of any construction activity on the
parcel.
4) The applicant must obtain all other necessary City, State, Valley Branch Watershed District and
other applicable governing body permits prior to the commencement of any construction activity
on the parcel.
5) The site plan is subject to a storm water management plan meeting State, Valley Branch
Watershed District and City rules and regulations. All applicable permits must be obtained if
needed.
Passed and duly adopted this 20th day of February 2018 by the City Council of the City of Lake
Elmo, Minnesota.
__________________________________
Mike Pearson, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-201
AN ORDINANCE TO AMEND THE LAKE ELMO CITY CODE
BY AMENDING THE OFFICIAL ZONING DISTRICT MAP
OF THE CITY OF LAKE ELMO
The City Council of the City of Lake Elmo ordains that Lake Elmo City Code, Section 154.032
Zoning District Map, of the Municipal Code, shall be amended by adding Ordinance No. 08-201,
as follows:
Section 1: Zoning Map Amendment. The following properties are hereby rezoned from A –
Agricultural to RR – Rural Residential:
S1/2-NW1/4 DESC AS FOLL BEG AT PT ON N LN SD S1/2-NW 1/4 WHICH IS 33FT
WLY FROM NE COR THEREOF THN N89DEG57'35"W ASM BRG ALG SD N LN
DIST 473. 50FT TO JLM THN S00DEG37'33"E DIST 629.38FT TO JLM THN S89
DEG22'10"W DIST 27.32FT TO JLM THN S00DEG02'25"W DIST 30.35FT TO JLM
THN S89DEG57'35"E PARL WITH SD N LN DIST 496.96FT TO JLM WHICH IS 33FT
WLY FROM E LN SD S1/2-NW1/4 THN N00DEG15' 35"W PARL WITH SD E LN &
33FT WLY THEREFROM DIST 660FT TO POB ALSO THAT PT SD S1/2-NW1/4 DESC
AS FOLL BEG AT NE COR SD S1/2-NW1/4 MRKD BY JLM THN S00 DEG15'35"E
ASM BRG ALG E LN SD S1/2-NW1/4 DIST 1315.69FT TO SE COR SD S1/2-NW1/4
DIST 1315 .69FT TO SE COR SD S1/2-NW1/4 THN N89DEG58'39"W ALG S LN SD
S1/2-NW1/4 DIST 33FT TO JLM THN S00DEG15'35"E PARL WITH SD E LN S1/2-
NW1/4 DIST 49.50FT TO JLM THN N89DEG58'39"W ALG S LN OF N 3RDS OF
NE1/4-SW1/4 DIST 1278.78FT TO SW COR SD N 3 RDS MRKD BY JLM THN
N00DEG 15'03"W ALG W LN SD NE1/4-SW 1/4 DIST 49.50FT TO NW COR SD NE1/4-
SW1/4 MRKD BY JLM THN N 89DEG58'39"W ALG S LN SD S1/2- NW1/4 DIST
399.89FT TO JLM THN N00DEG19'18"W DIST 656.23FT TO JLM THN
S89DEG57'35"E PARL TO N LN SD S1/2-NW1/4 DIST 1182. 41FT TO JLM THN CONT
S89DEG57' 35"E PARL WITH N LN SD S1/2-NW DIST 496.96FT TO JLM WHICH IS
33FT WLY FROM E LN SD S1/2-NW 1/4 THN N00DEG15'35"W PARL TO SD E LN &
33FT WLY THEREFROM DIST 660FT TO JLM WHICH IS ON N LN SD S1/2-NW1/4
33FT WLY FROM NE COR THEREOF THN S89DEG 57'35"E ALG N LN SD S1/2-
NW1/4 DIST 33FT TO POB ALSO THAT PT SD S1/2-NW1/4 DESC AS FOLL COM AT
NE COR SD S1/2-NW1/4 THN WLY ALG N LN THEREOF ON ASM BRG
N89DEG57'35"W DIST 526.50 FT THN S00DEG02'25"W DIST 629. 65FT TO POB THN
CONT ALG LAST DESC LN DIST 30.35FT THN N89 DEG57'35"W DIST 1182.41FT
THN N00DEG19'18"W DIST 16.5FT THN N89DEG22'10"E DIST 1182.60FT TO POB
Section 11 Township 029 Range 021
Section 2: This Zoning Map Amendment is conditioned on the City receiving recorded
documents or recorded document numbers for the deeds of conveyance which effectuate the
Minor Subdivision approved by Resolution 2018-019 within one year of the effective date of this
Ordinance.
Section 3: The City Council of the City of Lake Elmo also hereby ordains that the Zoning
Administrator shall make the applicable changes to the official zoning map of the City of Lake
Elmo.
Section 4: Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
This Ordinance No. 08-201 was adopted on this 20th day of February, 2018, by a vote of ___
Ayes and ___ Nays.
_____________________________
Mike Pearson, Mayor
ATTEST:
___________________________
Julie Johnson, City Clerk
BUSINESS ITEM 4A
STAFF REPORT
DATE: 2/20/2018
AGENDA ITEM: 20 –REGULAR
TO: City Council
FROM: Emily Becker, Planning Director
ITEM: Hammes Estates 3rd Addition Final Plat and Easement Vacation
REVIEWED BY: Ben Prchal, City Planner
Jack Griffin, City Engineer
Greg Malmquist, Fire Chief
Mike Bent, Building Official
BACKGROUND:
The Council is being asked to consider a Final Plat request from Rachel Development for the third
phase of the planned 163-unit residential development to be located on 78.1 acres of land west of
Keats Avenue and within Stage 1 of the City’s I-94 MUSA area. The 3rd Addition final plat, which is
the last phase of the development, will include 69 single-family lots on 39.013 acres, all of which
will be accessed off of Keats Avenue and through 8th Street North.
Additionally, Hammes Estates 3rd Addition will require an easement vacation for Outlot B in order to
plat 3rd Addition.
ISSUE BEFORE COUNCIL:
Is the proposed Hammes Estates 3rd Addition Final Plat consistent with the approved Hammes
Estates 3rd Addition Preliminary Plat? Should the easement over Outlot B be vacated in order to
allow recording of Hammes Estates 3rd Addition Final Plat?
REVIEW/ANALYSIS:
Applicant and Owner: Rachel Development.
Location: Part of Section 34 in Lake Elmo, immediately west of Keats
Avenue (CSAH 19), approximately 1,300 feet south of 10th
Street (CSAH 10), and south of Goose Lake. Outlot B Hammes
Estates.
Request: Application for final plat approval of 69 residential lots
Existing Land Use and Zoning: Vacant outlot; Current Zoning: LDR - Urban Low Density
Residential
Surrounding Land Use: North –Hammes Estates 1st Addition, Goose Lake and
Stonegate Residential Estates (RE) subdivision; west –
Stonegate RE subdivision; south – Lennar Savona Urban Low
Density Residential (LDR) subdivision.
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Comprehensive Plan: Urban Low Density Residential (2.5 – 4 units per acre)
History: The site was previously utilized as an active mining and gravel
operation. The site has since been reclaimed. The property was
rezoned from Rural Development Transitional District (RT) to
Urban Low Density Residential (LDR) on 7/22/2014.
Preliminary Plat approved on 7/1/2014 (public hearing on
5/12/14). Final plat of 1st phase was approved on October 7,
2014. The final plat was granted an extension to October 7,
2016 by Council on November 4, 2015. Rachael Development
purchased the project in 2016 and the Developer Agreement and
Final Construction plans for the first phase were approved on
August 16, 2016. 2nd Addition was approved on January 2,
2017.
Deadline for Action: Application Complete – 1/19/18
60 Day Deadline – 3/20/18
Extension Letter Mailed – No
120 Day Deadline – NA
Applicable Regulations: Chapter 153 – Subdivision Regulations
Article 10 – Urban Residential Districts (LDR)
§150.270 Storm Water, Erosion, and Sediment Control
FINAL PLAT
The City of Lake Elmo has received a request from Rachael Development for final plat approval of
the second phase of the Hammes Estates residential development to be called Lake Ridge Crossing.
The 3rd Addition final plat is the replat of Outlot B Hammes Estates 1st Addition and includes 69
single family residential lots and associated infrastructure. The City Council approved the Hammes
Estates Preliminary Plat on July 1, 2013, which platted 163 single family lots over approximately 78
acres of land within the I-94 MUSA Area. 1st Addition consisted of 57 single family lots, and 2nd
Addition consisted of 37 single family lots out of the 163 planned for the entire subdivision.
Final Plat Approval Procedure. The City’s subdivision ordinance establishes the procedure for
obtaining final subdivision approval, in which case a final plat may only be reviewed after the City
takes action on a preliminary plat. As long as the final plat is consistent with the preliminary
approval, it must be approved by the City. The City’s approval of the Hammes Estates Preliminary
Plat included a series of conditions that must be met by the applicant, which are addressed in the
“Review and Analysis” section below. There are no public hearing requirements for a final plat.
Consistency with Preliminary Plat. Staff has reviewed the final plat and found that it is consistent
with the preliminary plat that was approved by the City. The developer updated the preliminary plan
submissions to comply with the conditions of approval prior to submission of 2nd Addition Final Plat,
and the final plat application incorporates these updates as well. A condition of preliminary plat
required that no more than 100 residential units be approved prior to the development having street
connection to the Savona subdivision. The second phase plat made the street connection to the
Savona development. The applicant has submitted detailed construction plans for related to sanitary
sewer, water main, storm sewer, grading, drainage, landscaping, and other details that have been
reviewed by the City.
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Street Naming. Street names have been reviewed and have been found to be consistent with the
City’s new street naming ordinance, though the Final Plat will need to include the street names as
indicated on the Grading Plans: “8th St N,” “James Ct N,” “James Cir N,” and “James Ave N”.
Landscaping. Staff has reviewed the Final Landscape Plan for Hammes 3rd Addition and has
provided comments in the attached memorandum. These plans will need to be modified to include
irrigation plans, include 25% coniferous trees and include three additional red oaks.
Engineering Review. The applicant has submitted detailed construction plans related to sanitary
sewer, water main, storm sewer, grading, drainage, landscaping, and other details that have been
reviewed by the City. These must be revised in accordance with the Construction Plan engineering
review memorandum dated February 5, 2018, attached. Staff is recommending that all revisions and
modifications noted within the City Engineer’s review memorandum be completed prior to the
release of Final Plat for recording as a condition of approval. Payment for pipe oversizing from the
City standard 8-inch pipe along 8th Street North and James Avenue North, connecting to the existing
12-inch watermain in the Savona development should be addressed in the Development Agreement.
Infrastructure Improvements and Phasing. The infrastructure improvements will tie in with the
improvements completed in the 1st and 2nd phase.
Drainage and Utility Easements. Additional drainage and utility easements are required for various
lots per the City Engineer’s Memorandum dated February 5, 2018.
Fire Chief Review. The Fire Chief has reviewed the proposed final plat and has made comment that
the fire hydrants on James Circle appear to exceed the 500 foot required spacing, and that the middle
hydrant may need to be relocated further east to comply.
Shoreland District. While a portion of the proposed 3rd Addition Final Plat is in the Shoreland
Overlay District, none of the lots are riparian, and there are 2.041 acres of wetland and 4.837 acres of
wetland buffer.
Parkland Dedication. The developer is dedicating Outlots A and D, which will be parkland for
trails. There are approximately 2640 feet of public trail to be constructed along the northern and
western edges of the plat. Along with this parkland dedication, the Developer had satisfied the park
dedication requirements with the 1st Addition Final Plat. One of the conditions of approval of the
Preliminary Plat was that a tot lot be constructed within Goose Lake Park (the park within the
development along Goose Lake), however, due to the Parks Commission concern about the park’s
proximity to Keats Avenue and removal of significant trees, the Parks Commission requested that a
play structure be constructed within an outlot within the development. Therefore, the developer has
proposed a private tot lot within Outlot C. It is a recommended condition of approval that Staff and
the Parks Commission review and approve this play structure before it is erected.
Density. The entire portion of the approved Hammes Preliminary Plat is zoned Limited Density
Residential (2.5-4 units per acre). The density of the 3rd Addition Final Plat is 2.62 units per acre (69
units/26.348 acres (39.013 gross acres – (8.715 acres of Outlot A (parkland) and 0.133 acres of
Outlot D (parkland) and 3.817 acres outside of park area of wetlands and wetland buffers)).
Lot Size. The average lot size of the lots in the 3rd Addition is .286 acres. The smallest lot is .219
acres, and the largest lot is .453 acres. This meets minimum lot size requirements of the LDR zoning
district and consistent with Preliminary Plat. The lot widths and depths are all consistent with those
of the approved Preliminary Plat.
Outlots. Outlot A, 8.715 acres, will be dedicated to the City for parkland for trails. 1.102 acres of
this outlot are wetlands, and 1.959 acres are wetland buffers. Outlot B, 4.897 acres, is an infiltration
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basin to be dedicated to the City. Outlot C, 0.132 acres, will be HOA-owned and maintained and will
contain a totlot. Outlot D, 0.133 acres, will be City-owned and will contain a trail.
Road Right-of-Way. 5.394 acres are dedicated for right-of-way for non-arterial roads.
Neighboring Property Issues. The impact on the Stonegate development to the north and west was
addressed during Preliminary Plat through the provision of a buffer. The 3rd Addition has provided
this buffer consistent with the approved Preliminary Plat. The buffer borders the Stonegate
Development; is 100 feet in width; and contains a trail.
Preliminary Plat Conditions – With Staff Update Comments (updated information in bold
italics). The preliminary plat for Hammes Estates was approved with several conditions, which are
indicated below along with Staff’s comments on the status of each.
1) Within six months of preliminary plat approval, the applicant shall complete the following: a)
The applicant shall provide adequate title evidence satisfactory to the City Attorney; and b)
The applicant shall submit a revised Preliminary Plat and plans meeting all conditions of
approval. All of the above conditions shall be met prior to the City accepting an application
for Final Plat and prior to the commencement of any grading activity on the site. Comment:
a) all title work was submitted and reviewed by the City Attorney with the first phase of the
development b) revised preliminary plat were approved with the approval of the first phase
of the development.
2) The City Engineer shall review and approve all revised Preliminary Plans that are submitted
to the City in advance of Final Plat to satisfy Condition #1. Comments: This has been
completed (See Condition #1 response).
3) The Preliminary Plat approval is conditioned upon the applicant meeting all minimum City
standards and design requirements. Comments: The preliminary plat was approved with the
first phase of the development.
4) All required modifications to the plans as requested by the City Engineer in a review letter
dated June 16, 2014 shall be incorporated into the plans prior to consideration of a Final Plat.
Comments: This condition has been met.
5) Prior to the acceptance of the public improvements for the Hammes Estates plat, all wetland
buffers shall be delineated and identified via staking or signage that is acceptable to the City.
Comments: The final construction plans (Grading, Drainage and Erosion Control)
include wetland buffer monuments to identify the locations of all wetland buffers. The
applicants are aware of this condition and it will be a condition of final plat for all phases.
6) The landscape plan shall be updated per the recommendations of the City’s landscape
consultant in a review memo dated 5/7/14. Comments: The City’s Landscape Consultant
approved the Preliminary Landscape Plan and a review of the second addition landscape
plans are in conformance with the preliminary plans and City requirements.
7) The applicant shall be responsible for the construction of all improvements within the Keats
Avenue (CSAH 19) right-of-way as required by Washington County and further described in
the review letter received from the County dated May 6, 2014. The required improvements
shall include, but not be limited to: construction of a modified median crossing, construction
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of a trail/sidewalk to the south side of the median, turn lanes, and other improvements as
required by the County. Comments: The Keats Avenue was part of the first addition project.
8) The developer shall follow all of the rules and regulations spelled out in the Wetland
Conservation Act, and shall acquire the needed permits from Valley Branch Watershed
District prior to the commencement of any grading or development activity on the site.
Comments: The site has been graded and VBWD permits were approved.
9) Landscape islands shall be platted as part of the right-of-way and shall be maintained by the
Home Owners Association. The applicant shall enter into a maintenance agreement with the
City that clarifies the individuals or entities responsible for any landscaping installed in areas
outside of land dedicated as public park and open space on the final plat. Comments: A
landscape license agreement was executed as part of the first and second addition plats and
will be executed as part of the third addition plat. A condition of final plat will be that no
building permits will be issued until the agreement is executed.
10) With an eligible parkland dedication of 5.7 acres provided, the applicant is responsible to pay
a fee in lieu of land dedication for the equal market value amount of 2.1 acres of land at the
time of the Final Developers Agreement. The City will work with the developer to clarify any
and all park fee payments at the time of the Final Developers Agreement. Comments:
Parkland dedication was addressed with the first addition final plat. The city had the
opportunity to review the park amenities prior to construction and the tot lot will be
constructed as part of the 3rd Addition within Outlot C.
11) No more than 100 units may be approved as part of a final plat until secondary access is
provided to the subdivision via a connection to 5th Street through the Savona subdivision.
Comments: The second phase development made this connection.
12) For trails proposed to be located in any wetland buffer, the applicant must present a suitable
design or material that is acceptable to the City and Valley Branch Watershed District.
Comments: The applicants have presented a boardwalk design to the watershed district and
the VBWD was agreeable to a boardwalk design through a small portion of the buffer
area. The construction details of the proposed limited boardwalk section within the wetland
buffer must be provided to the City as part of the Final Construction Plans for the
pertinent future phase of the Hammes Estates subdivision.
13) The applicant must enter into a separate grading agreement with the City prior to the
commencement of any grading activity in advance of final plat and plan approval. The City
Engineer shall review any grading plan that is submitted in advance of a final plat, and said
plan shall document extent of any proposed grading on the site. Comments: The project was
graded with the first addition.
14) The applicant must incorporate a play structure into the proposed park at Goose Lake per the
request of the Lake Elmo Park Commission. Furthermore, the applicant must submit an
updated design of the park property that meets City approval in advance of Final Plat.
Comments: An HOA owned and maintained tot lot play structure will be located in Outlot
C. The location of the play structure was moved per recommendation of the Parks
Commission due to concern about Goose Lake Park’s proximity to Keats Avenue and to
minimize the removal of trees. The Parks Commission reviewed the proposed location at
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Item #
its August 15, 2016 meeting and recommended approval of this location. It is a
recommended condition of approval that this play structure be installed prior to issuance
of building permits for Lots 1 and 2, Block 6 are issued and that Staff and the Parks
commission review and approve plans for the equipment prior to installation.
15) The applicant shall work with the Planning Staff to name all streets in the subdivision prior to
submission of a Final Plat. Comments: This condition has been met.
16) Lots 1-6, Block 10 and Lots 1-5 and 11-12, Block 9 shall not be platted until the southern
channel of Goose Lake is closed off from the lake, or the shoreland issue around the channel
is resolved in some other manner that is acceptable to the DNR. Comments: The applicants
have received MN DNR approval to restore the southern shore of Goose Lake back to its
original state, closing off the southern channel and Wetland G. The applicant is
responsible for following all requirements and conditions of the DNR permit, including the
5-year invasive species monitoring. The monitoring is required as part of the first phase
Landscape License Agreement. The 3rd Addition Final Plat application has been sent to the
MNDNR for comment to ensure they have had no issues. The City has heard nothing back
in regards to the application or notification of issues.
17) The applicant shall work to relocate segments of the northern buffer trail further to the south
of the Stonegate subdivision wherever it is feasible as long as the trail does not encroach on
any required wetland buffers. Comments: The trail alignment was staked as part of the first
phase. There is a proposed, bike-friendly boardwalk within the wetland areas.
Planning Commission Review and Public Hearing. The Planning Commission considered the
Hammes Estates 3rd Addition Final Plat and held a public hearing on and considered the requested
vacation of the easement over Outlot B of Hammes Estates 1st Addition at its meeting on February
12, 2018. No one spoke at the public hearing, and only one inquiry requesting clarification on the
easement vacation request was received by Staff prior to the public hearing. During the meeting, the
Planning Commission had requested that Staff work with the applicant on the possibility of possibly
connecting the trail along the western side of the development to Julep Court N (within the Stonegate
Development). Staff had contacted the developer about this possible trail connection, but after further
discussion with the applicant and a member of the Planning Commission who is also a resident of the
Stonegate community, it was felt that because the Stonegate development has no Homeowners’
Association, it would be very difficult to ensure that everyone in the neighborhood could express
their view on the connection. Additionally, because the Final Plat does not require a public hearing
and because the Preliminary Plat has already been approved, it would not be appropriate to change
the connection at this time.
Recommended Findings. Staff is the following findings with regards to the proposed Hammes
Estates 3rd Addition Final Plat:
1) That the Hammes Estates 3rd Addition Final Plat is consistent with the Preliminary Plat and
Plans as approved by the City of Lake Elmo on July 1, 2013 and revised on September 19,
2016.
2) That the Hammes Estates 3rd Addition Final Plat is consistent with the Lake Elmo
Comprehensive Plan and the Future Land Use Map for this area.
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Item #
3) That the Hammes Estates 3rd Addition Final Plat complies with the City’s Urban Low
Density Residential zoning district.
4) That the Hammes Estates 3rd Addition Final Plat complies with all other applicable zoning
requirements, including the City’s landscaping, storm water, sediment and erosion control
and other ordinances, except as noted in this report or attachment thereof.
5) That the Hammes Estates 3rd Addition Final Plat complies with the City’s subdivision
ordinance.
6) That the Hammes Estates 3rd Addition Final Plat is consistent with the City’s engineering
standards with the exceptions noted by the City Engineer in his review comments to the City
dated February 5, 2018.
Recommended Conditions of Approval. Based on the above Staff report and analysis, Staff is
recommending approval of the Final Plat with conditions intended to address the outstanding issues
noted above and to further clarify the City’s expectations in order for the developer to proceed with
the recording of the Final Plat. The recommended conditions are as follows:
1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storm water
management plans, and street and utility construction plans shall be reviewed and approved
by the City Engineer prior to the recording of the Final Plat. All changes and modifications
to the plans requested by the City Engineer in the Hammes Estates 3rd Addition – Final Plat
Engineering Review Comments and Hammes Estates 3rd Addition Construction Plan Review
memo dated February 5, 2018 shall be incorporated into these documents before they are
approved. The Final Plat shall not be recorded until final construction plan approval is
granted.
2) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a
Developer’s Agreement acceptable to the City Attorney and approved by the City Council
that delineates who is responsible for the design, construction, and payment of the required
improvements with financial guarantees therefore.
3) All easements as requested by the City Engineer and Public Works Department shall be
documented on the Final Plat prior to the execution of the Final Plat by City Officials. This
must include additional or expanded drainage and utility easements as outlined in the City
Engineer’s Memorandum dated February 5, 2018.
4) The plat shall be incorporated into the Hamme Estates Common Interest Agreement
concerning management of the common areas of Hammes Estates and establishing a
homeowner’s association shall be submitted in final form to the Planning Director before a
building permit may be issued for any structure within this subdivision. Said agreement shall
comply with Minnesota Statues 515B-103, and specifically the provisions concerning the
transfer of control to the future property owners.
5) The applicant shall enter into a landscape license and maintenance agreement with the City
that clarifies the individuals or entities responsible for any landscaping installed in areas
outside of land dedicated as public park and open space on the Final Plat.
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Item #
6) The Final Landscape Plan shall be revised per the requested modifications and shall be
approved prior to the release of Final Plat for recording.
7) Prior to the issuance of building permits, for Hammes Estates 3nd Addition, all wetland
buffers shall be delineated and identified via staking or signage that is acceptable to the City.
8) The Final Plat should include proposed street names as indicated on the Construction Plans
before recording of Final Plat.
9) Staff and the Parks Commission will review and approve plans for the equipment to be
located in the private townhouse park area and these improvements shall be installed prior to
issuance of building permits for Lots 1 and 2, Block 6.
EASEMENT VACATION
Rachel Development is also requesting vacation of a drainage and utility easement over all of Outlot
B, Hammes Estates 1st Addition in order to record the final plat of Hammes Estates 3rd Addition. This
drainage and utility easement was placed over Outlot B during phase 1 final plat in order for the City
to have control and access of the drainage in the outlot. Outlot B will be developed into Hammes 3rd
Addition and new easements will be put into place over planned drainage ways, ponds, infiltration
basins and along property lines as is customary. Staff has reviewed the proposed easement vacation
and recommends approval.
Recommended Findings.
1) The proposed replat of Outlot B, Hammes Estates 1st Addition into Hammes Estates 3rd
Addition complies with all applicable zoning and subdivision regulations.
2) The dedication of a new easements will be provided with the recording of Hammes
Estates 3rd Addition to provide the same function as the one being vacated with no
negative impact to the public.
Recommended Conditions of Approval. Because the applicant is requesting the easement vacation
to be approved concurrently with the Hammes Estates Final Plat, Staff recommends that the
following be a condition of approval of the easement vacation:
1) Final Plat of the Property over which the easement is subject must be approved by
Council and recorded.
RECCOMENDATION:
Staff and the Planning Commission recommend approval of the Final Plat for Hammes Estates 3rd
Addition with the 9 conditions of approval as listed in the Staff report. Suggested motion:
“Move to adopt Resolution 2018-016 approving the Hammes Estates 3rd Addition Final Plat with
the 9 conditions of approval based on the findings of fact listed in the Staff Report.”
Staff and the Planning Commission also recommend approval of the request to vacate the easement
over Outlot B of Hammes Estates 1st Addition. Suggested motion:
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“Move to adopt Resolution 2018-017 approving the request to vacate the easement over Outlot B,
Hammes Estates 1st Addition, subject to one condition of approval.”
ATTACHMENTS:
1. Application
2. Final Plat
3. Final Landscape Plans
4. City Engineer Review Memorandum, dated 2/5/2018
5. Landscape Review Comments
6. Fire Chief Review Comments
7. Easement Vacation Sketch
8. Resolution 2018-016 approving Hammes 3rd Addition Final Plat
9. Resolution 2018-017 approving the request for an easement vacation of Outlot B, Hammes
Estates 1st Addition
TBPLS Firm No. 10074302
January 16, 2018
Emily Becker
Planning Director
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Re:Hammes Estates 3rd Addition Final Plat Narrative
PID: 3402921130004
File 0009282.03
Cc:David Stradtman, Rachel Development
Dear Ms. Becker:
Rachel Development proposes to develop Hammes Estates 3rd Addition consisting of 69 single family lots.
This will be the final phase of Hammes Estates. Plat recording is anticipated in spring 2018 with construction
starting in spring as soon as weather conditions allow. The first phase of construction as shown on the
enclosed Final Construction Plans will be completed in 2018. The remaining site construction is anticipated
to be completed in 2019. However if sales are strong, the entire site may be completed in 2018.
Rachel Development, 5125 Napier Court NE, St. Michael MN 55376 is the Developer and Fee Owner of
the proposed development. Park dedication was addressed with the Development Agreement for Hammes
Estates 1st Addition. Outlot A will be dedicated as park per that Agreement. This submittal package is the
Final Plat application along with supporting documents and application fees, including:
x Final Plat Application
x Affirmation of Sufficient Interest
x Acknowledgement of Responsibility
x Easement Vacation Application
x Applications Fee Check for $1,765 ($1,250 Final Plat, $515 Easement Vacation)
x Property Legal Description
x Parcel, Right-of-Way and Wetland Areas Table
x Easement Vacation Exhibit and Description
x Final Plat
x Final Construction Plans and Specifications
x Revised Grading Plan & Minimum Floor Elevation Table
x Mailing Labels of Property Owners Within 350 Feet
January 9, 2018
Page 2
Outlot A will be dedicated to the City for parkland. Outlots B & D will be dedicated to the City for
stormwater and utilities. Outlot C will be owned by the Home Owners Association for use as a tot lot.
Please review this application package for completeness and place us on the first available public hearing.
Contact me if you have any questions or need additional information.
Sincerely,
WESTWOOD PROFESSIONAL SERVICES
John Bender
Project Manager
Enclosures:
x Final Plat Application
x Affirmation of Sufficient Interest
x Acknowledgement of Responsibility
x Easement Vacation Application
x Applications Fee Check for $1,765 ($1,250 Final Plat, $515 Easement Vacation)
x Property Legal Description
x Parcel, Right-of-Way and Wetland Areas Table
x Mailing Labels of Property Owners Within 350 Feet
x Minimum Floor Elevation Table
x Storm sewer design calculations spreadsheet
x 5 full size & 10 reduced Final Construction Plans
x 2 Construction Specifications books
x 5 full size & 10 reduced Final Plat
x 10 Easement Vacation Sketch Exhibits (legal size)
x 2 full size & 1 reduced Grading & Erosion Control Plans
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
PAGE 1 of 1
MEMORANDUM
Date: February 5, 2018
To: Emily Becker, Planning Director Re: Hammes Estates 3rd Addition – Final Plat
Cc: Chad Isakson, P.E., Assistant City Engineer Engineering Review Comments
From: Jack Griffin, P.E., City Engineer
An engineering review has been completed for Hammes Estates 3rd Addition. Final Plat/Final Construction Plans
were received on January 17, 2018. The submittal consisted of the following documentation prepared by Westwood
Professional Services, or as noted:
Hammes Estates 3rd Addition Final Plat, not dated.
Hammes Estates 3rd Addition Construction Plans dated January 8, 2018.
Hammes Estates 3rd Addition Construction Specifications dated December 12, 2017.
Hammes Estates 3rd Addition Grading & Erosion Control Plans dated January 10, 2018.
Storm Sewer Design Calculations dated January 10, 2018.
STATUS/FINDINGS: Engineering review comments have been provided in two separate memos; one for Final Plat
approval, and one to assist with the completion of the final Construction Plans. Please see the following review
comments relating to the Final Plat application.
FINAL PLAT: HAMMES ESTATES 3RD ADDITION
Outlots A (trail & storm water), B (storm water), and D (utilities) must be dedicated to the City as part of the
Final Plat. Outlot C (tot lot) is HOA owned. Outlot ownership must be noted on the final construction plans.
The 8th Street eyebrow center island will be platted as right‐of‐way as required by preliminary plat approval.
The center island landscaping will be HOA maintained (addressed in the Landscape Maintenance Agreement).
All easements as requested by the City Engineer and Public Works department shall be documented on the
Final Plat prior to the release of the Final Plat for recording.
Hammes 3rd Addition includes trunk watermain (12‐inch diameter) pipe oversizing along 8th Street North and
James Avenue North, connecting to the existing 12‐inch watermain in the Savona development. Payment for
pipe oversizing from the City standard 8‐inch pipe should be addressed in the development agreement.
FINAL CONSTRUCTION PLANS & SPECIFICATIONS
Final Construction Plans and Specifications must be prepared in accordance with the City Engineering Design
Standards Manual dated March 2017, using City details, plan notes and specifications and meeting City
Engineering Design Guidelines.
Final Construction Plans and Specifications must be revised in accordance with the Construction Plan
engineering review memorandum dated February 5, 2018.
No construction for Hammes Estates 3rd Addition may begin until the applicant has received City Engineer
approval for the Final Construction Plans and Specifications; the applicant has obtained and submitted to the
City all applicable permits, easements and permissions needed for the project; and a preconstruction meeting
has been held by the City’s engineering department.
The Final Plat shall not be recorded until final construction plan approval is granted.
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4283
·
·
·
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
7699 Anagram Drive
Eden Prairie, MN 55344
PHONE 952-937-5150
FAX 952-937-5822
TOLL FREE 1-888-937-5150
3800 Laverne Avenue North • Lake Elmo • Minnesota 55042
Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org
February 5, 2018
David Stradtman
Rachel Development
4126 Napier Ct NE
St. Michael, MN 55376
Re: Hammes 3rd Addition Landscape Plan Review
Dear Mr. Stradtman,
Please see below the landscape plan review for Hammes 3rd Addition. The landscape plans are
not approved. Please note the conditions of approval at the end of this letter, revise plans and
resubmit.
Submittals
Preliminary Landscape Plan and Tree Preservation Plan, dated June 23, 2016.
Landscape Plans, dated December 29, 2017, received January 19, 2018.
Location: West of Keats Avenue and South of Goose Lake, Lake Elmo, MN
Land Use Category: Urban Low Density Residential
Surrounding Land Use Concerns: None.
Special landscape provisions in addition to the zoning code: There is a required buffer on the
west and northern portion of this development as per the Comprehensive Land Use Plan.
Tree Preservation:
A tree preservation plan has been previously submitted along with the preliminary landscape
plans.
Irrigation Plan:
An irrigation plan has not been submitted and needs to be submitted once complete for review
and approval.
Landscape Requirements:
The phase 3 plan dated December 29, 2017 is consistent with the preliminary landscape plan
dated June 23, 2016.
The proposed phase 3 plans show more than the required tree quantities, but the quantity shown
is required to meet tree preservation replacement caliper inch requirements.
Preliminary
Plan
Phase 3
Required
Phase 3
Proposed
Street frontage 16381 6810
Lineal
Feet
Lake Shore 0 0
Lineal
Feet
Stream Frontage 0 0
Lineal
Feet
Total Linear Feet 16381 6810 0
Lineal
Feet
/50 Feet = Required Frontage
Trees 328 136 144 Trees
Development Area 67.1 28.0 Acres
/5 = Required Development Trees 336 140 219 Trees
1. A minimum one (1) tree is proposed for every fifty (50) feet of street frontage.
2. A minimum of five (5) trees are proposed to be planted for every one (1) acre of land
that is developed or disturbed by development activity.
B. A landscape plan has been submitted that does not meet all requirements.
1. Provisions for irrigation and other water supplies.
Qty
%
Composition
Deciduous Shade Tree 177 64%
>25%
required
Coniferous Tree 44 16%
>25%
required
Required # of Trees 276
2. A minimum of twenty-five percent (25%) of the required number of trees shall be
coniferous trees. This has not been met.
3. There is a discrepancy between the plant schedule and number of trees shown on the
plan. REO – Red Oak / Quercus rubra lists 12 in the plant schedule and only 9 are
counted on the plan. All 12 trees are required to meet the landscape and tree
preservation caliper inch requirements.
C. Interior Parking Lot Landscaping – The development does not include interior parking lots.
D. Perimeter Parking Lot Landscaping – The development does not include perimeter parking
lots.
E. Screening – Screening is not required by City code
F. Maintenance and Installation of Materials – The landscape plan does include required City
standard notes and details.
Findings:
1. An irrigation plan has not been provided and is required.
2. There is a discrepancy between the plant schedule and number of trees shown on the plan.
REO – Red Oak / Quercus rubra lists 12 in the plant schedule and only 9 are counted on the
plan.
3. The number of proposed coniferous trees does not meet the required 25% of the required
number of trees.
Conditions of Approval:
1. Submit an irrigation plan.
2. Submit a revised landscape plan with 3 additional REO – Red Oak / Quercus rubra trees.
3. Submit a revised landscape plan that meets the required percentage of coniferous trees.
Please let me know if you have questions.
Sincerely,
Emily Becker
Planning Director 651-747-3912
ebecker@lakeelmo.org
From:Greg Malmquist
To:Emily Becker
Cc:"Chad Isakson"
Subject:HAMMES 3rd
Date:Friday, January 19, 2018 2:12:34 PM
Attachments:image001.png
Here are my comment for the Hammes 3rd:
Hydrants on James Circle appear to exceed our 500’ spacing. Possibly relocate middle hydrant east
to comply?
Greg Malmquist, Chief
Lake Elmo Fire Department
3510 Laverne Ave. No.
Lake Elmo, MN 55042
W-651-770-5006
C-651-775-1137
Fax-651-770-5620
1
Resolution 2018-016
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-016
A RESOLUTION APPROVING A FINAL PLAT FOR HAMMES ESTATES 3RD ADDITION
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Rachel Development Inc, 4125 Napier Ct NE, St. Michael, MN 55376
(Applicant) has submitted an application to the City of Lake Elmo (City) for a Final Plat for
Hammes Estates 2nd Addition, a copy of which is on file in the City of Lake Elmo Planning
Department; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on May 12,
2014 to consider the Hammes Estates Preliminary Plat and continued discussion on the
Preliminary Plat until its June 23, 2014 meeting; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation concerning the Preliminary Plat as part of a memorandum to the City Council
for the July 1, 2014 City Council Meeting; and
WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending
approval of the Preliminary Plat; and
WHEREAS, the City Council reviewed the Preliminary Plat request at its July 1, 2014
meeting and adopted Resolution No. 2014-55 approving the Preliminary Plat; and
WHEREAS, the Lake Elmo Planning Commission met on February 12, 2018 to review
the Final Plat for Hammes Estates consisting of 69 single-family residential lots; and
WHEREAS, on February 12, 2018 the Lake Elmo Planning Commission adopted a
motion to recommend that the City Council approve the Final Plat for Hammes Estates 3rd
Addition with conditions; and
WHEREAS, the City Council reviewed the recommendation of the Planning
Commission and the Final Plat for Hammes Estates 3rd Addition at a meeting held on February
20, 2018; and
NOW, THEREFORE, based upon the testimony elicited and information received, the
City Council makes the following:
FINDINGS
2
Resolution 2018-016
1) That the Hammes Estates 3rd Addition Final Plat is consistent with the Preliminary Plat and Plans
as approved by the City of Lake Elmo on July 1, 2013 and revised on September 19, 2016.
2) That the Hammes Estates 3rd Addition Final Plat is consistent with the Lake Elmo
Comprehensive Plan and the Future Land Use Map for this area.
3) That the Hammes Estates 3rd Addition Final Plat complies with the City’s Urban Low Density
Residential zoning district.
4) That the Hammes Estates 3rd Addition Final Plat complies with all other applicable zoning
requirements, including the City’s landscaping, storm water, sediment and erosion control and
other ordinances, except as noted in this report or attachment thereof.
5) That the Hammes Estates 3rd Addition Final Plat complies with the City’s subdivision ordinance.
6) That the Hammes Estates 3rd Addition Final Plat is consistent with the City’s engineering
standards with the exceptions noted by the City Engineer in his review comments to the City
dated February 5, 2018.
CONCLUSIONS AND DECISION
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve
the Final Plat for Hammes Estates 3rd Addition subject to the following conditions:
1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storm water
management plans, and street and utility construction plans shall be reviewed and approved
by the City Engineer prior to the recording of the Final Plat. All changes and modifications
to the plans requested by the City Engineer in the Hammes Estates 3rd Addition – Final Plat
Engineering Review Comments and Hammes Estates 3rd Addition Construction Plan Review
memo dated February 5, 2018 shall be incorporated into these documents before they are
approved. The Final Plat shall not be recorded until final construction plan approval is
granted.
2) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a
Developer’s Agreement acceptable to the City Attorney and approved by the City Council
that delineates who is responsible for the design, construction, and payment of the required
improvements with financial guarantees therefore.
3) All easements as requested by the City Engineer and Public Works Department shall be
documented on the Final Plat prior to the execution of the Final Plat by City Officials. This
must include additional or expanded drainage and utility easements as outlined in the City
Engineer’s Memorandum dated February 5, 2018.
4) The plat shall be incorporated into the Hamme Estates Common Interest Agreement
concerning management of the common areas of Hammes Estates and establishing a
homeowner’s association shall be submitted in final form to the Planning Director before a
building permit may be issued for any structure within this subdivision. Said agreement shall
comply with Minnesota Statues 515B-103, and specifically the provisions concerning the
transfer of control to the future property owners.
3
Resolution 2018-016
5) The applicant shall enter into a landscape license and maintenance agreement with the City
that clarifies the individuals or entities responsible for any landscaping installed in areas
outside of land dedicated as public park and open space on the Final Plat.
6) The Final Landscape Plan shall be revised per the requested modifications and shall be
approved prior to the release of Final Plat for recording.
7) Prior to the issuance of building permits, for Hammes Estates 3nd Addition, all wetland
buffers shall be delineated and identified via staking or signage that is acceptable to the City.
8) The Final Plat should include proposed street names as indicated on the Construction Plans
before recording of Final Plat.
9) Staff and the Parks Commission will review and approve plans for the equipment to be
located within Outlot C of Hammes Estates 3rd Addition, and these improvements shall be
installed prior to issuance of building permits for Lots 1 and 2, Block 6.
Passed and duly adopted this 20th day of February, 2018 by the City Council of the City of Lake
Elmo, Minnesota.
__________________________________
Mike Pearson, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
RESOLUTION NO. 2018-017
A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT OVER
OUTLOT B, HAMMES ESTATES 1ST ADDITION
THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the City of Lake Elmo approved the final plat of Hammes Estates 3rd
Addition on February 20, 2018 with blanket drainage and utility easements over Outlot B of
Hammes Estates 1st Addition; and
WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute
§412.851 to vacate the existing drainage and utility easements on Outlot B, Hammes Estates 1st
Addition; and
WHEREAS, the City of Lake Elmo had received a request for the Final Plat of Hammes
Estates 3rd Addition from Rachel Development, replatting Outlot B, Hammes Estates 1st Addition
into a residential development; and
WHEREAS, a public hearing to consider the vacation of the drainage and utility
easement was held on the February 12, 2018 at the Planning Commission meeting in the Lake
Elmo City Hall located at 3800 Laverne Avenue North at 7:00 p.m. or shortly thereafter after due
published and posted notice had been given, as well as personal mailed notice to all property
owners within 350 feet of Outlot B, Hammes Estates 1st Addition by the City Clerk and all
interested and affected persons were given an opportunity to voice their concerns and be heard;
and
WHEREAS, the Council in its discretion has determined that the vacation will benefit
the public interest because:
1) The proposed replat of Outlot B, Hammes Estates 1st Addition into Hammes Estates 3rd
Addition complies with all applicable zoning and subdivision regulations.
2) The dedication of a new easements will be provided with the recording of Hammes
Estates 3rd Addition to provide the same function as the one being vacated with no
negative impact to the public.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request
Resolution 2018-017 Page 2
for vacation of an existing drainage and utility easement is hereby granted in accordance with the
property descriptions provided above, subject to the following condition:
1) Final Plat of the Property over which the easement is subject must be approved by
Council and recorded.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to
sign all documents necessary to effectuate the intent of this resolution.
Adopted by the Council this 20th day of February 2018.
Effective Date:_______________________
Approved:
________________________________
Mike Pearson, Mayor
Attested by:
________________________________
Julie Johnson, City Administrator
STAFF REPORT
DATE: February 20, 2018
REGULAR 21
TO: Mayor and City Council
FROM: Emily Becker, Planning
AGENDA ITEM: Northport Development Agreement Amendment
Director
REVIEWED BY: Kristina Handt, City Administrator
Jack Griffin, City Engineer
Sarah Sonsalla, City Attorney
BACKGROUND:
The City has received a request by Pulte Homes of Minnesota, LLC to amend the Development Agreement
for Northport 1st Addition to allow phasing within the development. The previous agreement did not
reference a phasing plan.
ISSUE BEFORE COUNCIL:
Should the Development Agreement for Northport 1st Addition be amended to allow the City to release
building permits after completion of required items within phases within the 1st Addition?
PROPOSAL:
Phasing Allowed within Previous Development Agreements. The City has allowed building permits to
be released for completion of certain items within a phasing plan in the past (i.e. Royal Golf Club at Lake
Elmo, Hammes 1st and 2nd Additions). The items that require completion within each phase are as follows:
sanitary sewer and water mains tested and approved by the City; storm sewer inverts have been verified;
curb and gutter and one lift of asphalt have been installed and tested for all public streets; property
monuments have been installed; lot grading and lot drainage have been verified and approved by the City
through as-built lot corner elevations and as-built elevations for all emergency overflow elevations and
downstream drainage systems.
Current Development Agreement Does Not Allow Amendment to Phasing Plan. The current
development agreement template does allow a preapproved phasing plan to be followed, but only if that
phasing plan has been approved in advance of the preconstruction meeting for the subdivision. The phasing
plan cannot be amended once construction has started. Therefore, an amendment to the Development
Agreement is required in order to allow building permits to be released through completion of required
items within a phase of this development.
Amendment to Phasing Plan Has Been Made. The developer has provided a phasing plan, which has
been reviewed by the City Engineer and still requires amendments. The amendment to the Development
Agreement references this phasing plan and indicates that the City will not consider revisions to the phasing
plan once it has been approved.
Proposed Amendment. The proposed amendments to the Northport Development Agreement include the
following:
A. No building permit shall be issued for any lot within a phase of the
Subdivision, identified or within a completed phase of the Subdivision in
the Preapproved Phasing Plan, until such time that sanitary sewer and water
mains have been tested and approved by the City in such phase; storm sewer
inverts have been verified by the City in such phase; curb and gutter and
one lift of asphalt has been installed and tested for all public streets in such
phase; property monuments have been installed in such phase; lot grading
and lot drainage has been verified and approved by the City in such phase
through as-built lot corner elevations and as-built elevations for all
emergency overflow elevations and downstream drainage system ponds for
Phase 1 lots; sidewalks have been installed in such phase; and street and
traffic control signs are installed in such phase. The “Preapproved Phasing
Plan” is defined as the “Phase 1A Northport 1st Addition” plans dated
_______________, prepared by Sathre-Bergquist, Inc.” The City will not
consider revisions to the Preapproved Phasing Plan for the purpose of
issuing building permits.
FISCAL IMPACT:
A minimal amount of staff time in monitoring separate phases for completion of items within those phases.
OPTIONS:
1) Approve Resolution No 2018-020 approving Northport Development Agreement amendment
2) Do not approve Resolution No 2018-020 approving Northport Development Agreement
amendment
3) Amend and then approve Resolution 2018-020
RECOMMENDATION:
Staff recommends that the Council approve the proposed amendments to the Easton Village 3rd
Addition Development Agreement.
“Motion to adopt Resolution No 2018-020 approving the request to amend Northport
Development Agreement to allow building permits to be released upon completion of required
items within phases as per the approved phasing plan.”
ATTACHMENTS:
• Resolution 2018-020 approving amendments to Northport Development Agreement
• Amended Development Agreement for Northport
517179v1 SJS LA515-39
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
This First Amendment to Development Agreement (Amendment) is made and entered
into this _____ day of ___________, 2018, by and between the City of Lake Elmo, a municipal
corporation under the laws of Minnesota (the “City”) and Pulte Homes of Minnesota LLC, a
Minnesota liability company (the “Developer”).
RECITALS:
A. The City and the Developer have entered into a Development Agreement dated
September 19, 2017 and recorded with Washington County on November 15, 2017 as Document
No. 4135228 (the “Development Agreement”).
B. The Development Agreement relates to that subdivision located in the City of
Lake Elmo, Minnesota known as Northport and the property is legally described on Exhibit A
attached hereto.
C. The Developer has requested and the City has agreed to amend the Development
Agreement in order to allow for phasing within the Subdivision.
NOW, THEREFORE, in consideration of the above recitals, which are expressly
incorporated herein, and for other good and valuable consideration, the receipt and sufficiency
which is hereby acknowledged, the City and the Developer agree to amend the Development
Agreement as follows:
1. Section 27 (A) of the Development Agreement shall be amended to read as
follows:
A. No building permit shall be issued for any lot within a phase of the
Subdivision, identified or within a completed phase of the Subdivision in
517179v1 SJS LA515-39 2
the Preapproved Phasing Plan, until such time that sanitary sewer and
water mains have been tested and approved by the City in such phase;
storm sewer inverts have been verified by the City in such phase; curb and
gutter and one lift of asphalt has been installed and tested for all public
streets in such phase; property monuments have been installed in such
phase; lot grading and lot drainage has been verified and approved by the
City in such phase through as-built lot corner elevations and as-built
elevations for all emergency overflow elevations and downstream
drainage system ponds for Phase 1 lots; sidewalks have been installed in
such phase; and street and traffic control signs are installed in such phase.
The “Preapproved Phasing Plan” is defined as the “Phase 1A Northport 1st
Addition” plans dated _______________, prepared by Sathre-Bergquist,
Inc.” The City will not consider revisions to the Preapproved Phasing
Plan for the purpose of issuing building permits.
2. All other terms and conditions of the Development Agreement shall remain in full
force and effect.
517179v1 SJS LA515-39 3
IN WITNESS WHEREOF, the City and the Developer have executed this First
Amendment to the Development Agreement as of the date first written above.
CITY OF LAKE ELMO
By:_________________________________
Mike Pearson, Mayor
By:_________________________________
Julie Johnson, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this ______ day of
___________________, 2018, by Mike Pearson and Julie Johnson, the Mayor and the City
Clerk, respectively of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of
the City.
__________________________________
Notary Public
517179v1 SJS LA515-39 4
PULTE HOMES OF MINNESOTA, LLC
By:________________________________
Its: _______________________________
STATE OF _________ )
) ss.
COUNTY OF ________ )
The foregoing instrument was acknowledged before me this _____ day of _________,
2018, by ___________________, the _______________ of Pulte Homes of Minnesota LLC, a
Minnesota limited liability company, on behalf of the limited liability company.
___________________________________
Notary Public
This document was drafted by:
Kennedy & Graven, Chartered (SJS)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
517179v1 SJS LA515-39 A-1
EXHIBIT A
Legal Description of the Property
Lots 1-16, Block 1, Lots 1-8, Block 2, Lots 1-6, Block 3, Lots 1-6, Block 4, Outlots B and G, all
in the recorded plat of Northport, County of Washington, State of Minnesota.
1
Resolution 2018
517184v1 SJS LA515-39
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-020
A RESOLUTION APPROVING FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR
NORTHPORT
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Pulte Homes of Minnesota LLC , 7500 Flying Cloud Drive, Suite 670, Eden
Prairie, MN 55344 (the “Applicant”) has previously submitted an application to the City of Lake
Elmo (the “City”) for a final plat for Northport; and
WHEREAS, the Lake Elmo City Council adopted Resolution No. 2017-089 on
September 5, 2017 approving the final plat for Northport; and
WHEREAS, the Lake Elmo City Council adopted Resolution No. 2017-097 on
September 19, 2017, approving the Development Agreement for Northport; and
WHEREAS, the Applicant and City have agreed to amend the approved Development
Agreement in order to allow building permits to be released upon completion of required items
within two separate phases of Northport as per the approved phasing plan.
NOW, THEREFORE, based on the information received, the City Council of the City
of Lake Elmo does hereby approve the First Amendment to Development Agreement for
Northport and authorizes the Mayor and City Clerk to execute the First Amendment to
Development Agreement.
Passed and duly adopted this ______, day of ____________, 2018 by the City Council of the
City of Lake Elmo, Minnesota.
__________________________________
Mike Pearson, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk
STAFF REPORT
DATE: February 20, 2018
REGULAR
ITEM #: 22
AGENDA ITEM: Old Village Phase 4 Street and Utility Improvements – Authorize
Preparation of Plans and Specifications
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator
Chad Isakson, Assistance City Engineer
ISSUE BEFORE COUNCIL: Should the City Council authorize the preparation of plans and
specifications for the Old Village Phase 4 Street and Utility Improvements?
BACKGROUND: The City of Lake Elmo is extending sanitary sewer to serve the existing properties in
the Old Village area to replace the use of private on-site sewage treatment systems. The projects also include
drainage improvements to continue addressing historic flooding issues in the Downtown area, the
replacement of aged watermain pipes and reconstructing the public streets that are disturbed during the
work. The Improvements are being constructed in phases and through separate projects in accordance with
the Old Village Capital Improvement Plan (CIP). The first three phases were completed in 2015, 2016 and
2017. Phase 4 is proposed for 2018, Phase 5 is proposed in 2021 and Phase 6 is proposed in 2022. These
additional phases are needed to extend lateral sanitary sewer mains along local street corridors from the
main lines located in Lake Elmo Avenue and Laverne Avenue.
PROPOSAL DETAILS/ANALYSIS: At the September 5, 2017 council meeting, the council authorized
the Old Village Phase 4 Street and Utility Improvements feasibility report and preliminary design. The two
project areas include the 32nd Street North neighborhood and the 36th Street/Layton Avenue area.
Preliminary design work was needed to complete detailed survey for each project area to identify critical
design information and limitations. Each area presents unique topographic characteristics that require more
detailed analysis before the scope of work can be fully determined. Before a feasibility report can be
produced the scope of work must be clearly identified so that the project costs can be estimated.
32nd Street (CSAH 17 east to dead end):
Issues identified in this area include very narrow streets, the lack of a turnaround for vehicles at the cul-de-
sac dead-end, and the need for the majority of homes (10 of 12) to pump sanitary sewage up to sewer main
in Lake Elmo Avenue. In addition, the neighborhood has identified several drainage concerns.
Staff is recommending individual grinder stations with a small diameter low pressure sewer, rather than
installing one large lift station for 10 properties. The grinder stations would be furnished by the City and
installed and maintained by each property. This alternative is significantly lower cost and greatly reduces
construction impacts and duration with the installation of a pressure sewer pipe.
For the street reconstruction, staff is recommending that the street be replaced to match the existing street
width (widening where possible) in order to minimize grading and driveway impacts and to maintain the
existing generalized drainage patterns. Drainage issues will be addressed in the final design to the extent
they can be improved within the existing roadway footprint. A turnaround is desired by public works and
the neighborhood but requires property acquisition. Staff recommends the turnaround be installed if the
property can be successfully negotiated without using eminent domain.
36th Street / Layton Avenue:
A permanent storm water drainage outlet does not readily exist for the street runoff from 36th Street and
Layton Avenue since the project area and surrounding area are extremely flat. The natural drainage pattern
discharges overland east to the VFW Ballfield and then east through privately owned land. A new storm
water pond or infiltration system is needed to the east of the existing downtown area, something that will
need to be constructed in conjunction with any property development to the east of the ballfields or
redevelopment within the downtown properties on the east and south sides. Therefore, one option is to defer
extending sanitary sewer to the 36th Street/Layton Avenue area until these adjacent properties develop and
create a permanent drainage outlet.
Without a permanent drainage outlet the engineering team has investigated various temporary drainage
solutions that could be implemented in order to extend sanitary sewer to this area as part of the Old Village
Phase 4 Improvements, but the temporary solutions are less than ideal.
At the council meeting, the City Engineer will present the available options and proposed scope of
improvements that have been identified through the preliminary design work so that the preparation of plans
and specifications can be authorized, and the feasibility report can be moved forward.
FISCAL IMPACT: To be presented at the meeting. If the improvements are ordered, the report,
preliminary design and final design costs will be charged against the project fund and become assessable
to the benefitting properties. Should the project not be constructed, these costs cannot be assessed.
RECOMMENDATION: Staff is recommending that the City Council authorize SEH, Inc. to prepare the
plans and specifications for the Old Village Phase 4 Street and Utility Improvements. The recommended
motion for this action is as follows:
“Move to approve Resolution No. 2018-021, Ordering the Preparation of Plans and Specifications for
the Old Village Phase 4 Street and Utility Improvements in the not to exceed amount of
$______________.”
ATTACHMENTS:
1. Resolution Ordering Preparation of Plans and Specifications.
2. Project Location Map.
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-021
A RESOLUTION ORDERING THE PREPARATION OF PLANS AND
SPECIFICATIONS FOR THE OLD VILLAGE PHASE 4 STREET AND
UTILITY IMPROVEMENTS
WHEREAS, in April, 2016 a petition was received from the owners of real property abutting
32nd Street North, from CSAH 17 to the east end requesting municipal sanitary sewer service; and
WHEREAS, in September 2016 the City Council directed staff to pursue the remaining lateral
sanitary sewer projects in the Old Village area over the next several years and adopted the Old Village
Capital Improvement Plan; and
WHEREAS, on September 5, 2017 the City Council authorized preliminary design engineering
and preparation of a feasibility report for the Old Village Phase 4 Street and Utility Improvements; and
WHEREAS, preliminary design work has identified a recommended scope of improvements to
be incorporated into the project; and
WHEREAS, it is proposed to assess all or a portion of the cost of the improvements pursuant to
the City’s Special Assessment Policy and Minnesota Statutes, Chapter 429.
NOW, THEREFORE, IT IS HEREBY RESOLVED,
1. The City Engineer, together with SEH, Inc. are hereby designated as the project engineer and are
directed to prepare Plans and Specifications for the making of such improvement.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE TWENTIETH DAY OF
FEBRUARY, 2018.
CITY OF LAKE ELMO
By: __________________________
Mike Pearson
Mayor
(Seal)
ATTEST:
________________________________
Julie Johnson
City Clerk
Old Village Capital Improvement Plan
Phasing Plan; Schedule and
Assessment Methodology
SEPTEMBER 6, 2016 FOCUS ENGINEERING, inc.
OLD VILLAGE CIP – PHASING PLAN
PHASE 3
PHASE 4
PHASE 5
PHASE 7
PHASE6
PHASE 6
PHASE 4
PHASE 3
NOT
INCLUDED
NOT
INCLUDEDNOT INCLUDED
NOT
INCLUDED
STAFF REPORT
DATE: February 20, 2018
REGULAR
ITEM #: 23
AGENDA ITEM: Hudson Boulevard Design Standards/Typical Section -Authorize
Engineering Services
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director
ISSUE BEFORE COUNCIL: Should the City Council authorize engineering services to develop design
standards, typical sections and concept layout for Hudson Boulevard?
BACKGROUND: Hudson Boulevard is an east-west collector roadway in Lake Elmo located along the
southern boundary of the City, extending from Inwood Avenue (CSAH13) to Manning Avenue (CSAH15).
As growth and development occurs within the I-94 corridor, Hudson Boulevard will serve as the primary
collector street for commercial, business park, and medium and high density residential development. As
various development projects come forward it is important for City staff to be able to communicate the
City’s expectations as they relate to the roadway performance and to be able to guide the developments and
transportation projects appropriately to ensure proper access spacing, right-of-way dedication, and street
construction elements are achieved.
Currently the City is working jointly with Washington County to complete intersection improvements in
2018 at Keats Avenue (CSAH19) and Hudson Boulevard. In addition, the City is anticipating a development
application proposal at the intersection of Manning Avenue (CSAH15) and Hudson Boulevard.
PROPOSAL DETAILS/ANALYSIS: The City Engineer has developed a scope of work to be completed
for Hudson Boulevard and is obtaining 2 engineering proposals for consideration. The proposals will be
received and evaluated in advance of the meeting and staff will present a recommendation for council
consideration.
The project deliverable has been defined as follows:
• Recommendation on urban versus rural street section, including typical cross section
recommendation between Inwood Avenue (CSAH13) and Manning Avenue (CSAH15).
• Minimum right-of-way requirements, lane widths, median widths (if applicable), parking provision
recommendations, pavement section, recommended design speed limit, geometric design standards
(cross-slope, super elevation, and curve radii), and typical section(s) at intersections.
• Recommended access spacing standards and future traffic control locations; including depiction of
access control (recommended turn lane locations).
• Recommendation on sidewalks, shared-use paths and boulevard layout.
• Recommended intersection improvements at major intersections.
FISCAL IMPACT: To be presented at the meeting.
RECOMMENDATION: Staff is recommending that the City Council approve engineering services to
develop design standards, typical sections and concept layout for Hudson Boulevard. The recommended
motion for the action is as follows:
“Move to authorize ___________________________ to complete engineering services to develop
design standards, typical sections and concept layout for Hudson Boulevard in the amount not to
exceed $__________________”.
ATTACHMENTS:
1. Engineering proposal summary to be handed out at the meeting.