1c1. Rome Dev, Zoning to Permit Day Care Centers as CUP on Zoned IOP CITYOF
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,' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I ...4.- 690
(612) 937-1900
MEMORANDUM '-' -----°°°
TO Don Ashworth, City Manager - - ���
.� .
I FROM: Jo Ann Olsen, Asst. City Planner e7,0 eta � „Iti:L ;-ic q
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DATE: October 20, 1988 .-` ~'G '° �'`t'"'i
SUBJ: Second and Final Reading for the Day Care Centers as a
Separate Facility
IANALYSIS
At the September 26 , 1988 , City Council meeting, the Council
I reviewed the first readings of the zoning ordinance amendment to
permit day care centers as multi-tenant and separate uses as a
conditional use permit in the IOP District. The City Council
I approved the zoning ordinance amendments with the following con-
ditions:
1. The site shall have loading and drop-off points designed to
Iavoid interferring with traffic and pedestrian movements .
2 . Outdoor play areas shall be located and designed in a manner
I which mitigates visual and noise impacts of adjoining resi-
dential areas .
3 . Each center shall obtain applicable state, county and city
I
licenses .
The City Council requested staff to review the following four
I additional issues concerning day care centers within an IOP
District:
- 1 . Impervious surface ratio
2 . Radon gas 0
3 . Air quality o
4 . Noise o
Staff requested Mark Koegler to review these issues and provide
any recommended conditions. The attached memo covers the four
issues and staff' s recommendations.
Mr. Don Ashworth
October 20 , 1988 1
Page 2
RECOMMENDATION '
Staff recommends the City Council approve the second and final
reading for Zoning Ordinance Amendment #88-15 to amend Section
20-814 as follows:
(13) State Licensed Day Care Centers . I
Additionally, to add Section 20-292 , State Licensed Day
Care Centers: 1
1 . The site shall have loading and drop-off
points designed to avoid interferring with
traffic and pedestrian movements .
2 . Outdoor play areas shall be located and
designed in a manner which mitigates visual and
noise impacts of adjoining residential areas .
3 . Each center shall obtain applicable state,
county and city licenses .
4 . Day care facilities in the IOP District shall
be subject to a maximum lot coverage of 65%. '
5 . Day care facilities shall submit average annual
test results for Radon gas . Results shall be
submitted annually on the anniversary of the
day of the issuance of the original occupancy
permit. Day care facilities shall comply with
all applicable state and federal requirements
pertaining to testing and requiring mitigation
techniques.
6 . Prior to issuance of a building permit, day
care facilities shall conduct tests of existing
noise conditions and submit test results to the
City for reveiw. In order for a building per-
mit to be issued, existing conditions shall
comply with Minnesota Rule 7010 .
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3030 Harbor Lane North
Bldg.II,Suite 104
Minneapolis,MN 55447-2175
612/553-1950 MEMORANDUM
' TO: Jo Ann Olson
FROM: Mark Koegler
' DATE: October 19, 1988
' SUBJ: Day Care Centers in IOP Zone
' At the City Council meeting on September 26, 1988, several issues were raised
relative to the approval of conditional use permits for day care centers as
freestanding uses in the IOP zone. Issues pertained primarily to four topics:
1) Impervious surface ratio, 2) Radon gas, 3) Air quality and 4) Noise. Each
of these issues are addressed as follows:
IMPERVIOUS SURFACE
' ISSUE: During review by the City Council, the issue of open space and play
areas was discussed. The general concern seemed to focus on requiring
adequate landscaped open space in addition to play areas.
DISCUSSION: In order to maintain an attractive environment and to provide an
appropriate setting for a child care facility, it is reasonable to be
' concerned with landscaping and open space. The intent of the zoning code is
to provide "green" areas and not necessarily areas containing sand and play
structures. In order to ensure that adequate green areas exist, the City has
the option of specifying a maximum allowable amount of impervious surface
cover which is more restrictive than the 70% allowed in the IOP zone. If a
more restrictive standard is to be applied, the question becomes which
standard should be used?
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The Chanhassen zoning ordinance allows schools in the Office and Institutional
district subject to a maximum impervious surface coverage of 65%. Day care
centers are similar to schools in a number of ways including necessary dropoff
points, playground areas, etc. Because of the similarity, it seems rational
to apply the 65% standard in lieu of the 70% standard. The following example
highlights the adequacy of the 65% threshold.
The minimum lot size in the IOP zone is one acre (43,560 square feet). 1
Application of a 65% coverage maximum results in 15,246 square feet of open
space. Minimum setback requirements provide 11,740 square feet of open space
leaving 3,506 square feet of open space area outside of required setbacks.
Play areas for most daycare centers total approximately 500 square feet in
area. This results in a total of approximately 3,000 remaining square feet of
open space on the site. This example reflects a minimum situation. Lot area
coverages may be less than 65% due to existing topography, tree cover or other
constraints.
RECOMMENDATION: A maximum impervious surface coverage limitation of 65% seems I
to provide adequate open space for day care facilities. If the City Council
concurs with this conclusion, Section 20-814 of the Chanhassen City Code
should be amended to require a maximum impervious surface coverage of 65% for
day care centers in the IOP zone.
If the Council feels that a 35% open space requirement is still inadequate,
consideration could be given to requiring that play areas count as part of the
impervious coverage areas rather than part of the open space areas.
RADON GAS I
ISSUE: The issue was raised as to whether or not testing of day care
facilities for Radon gas should be implemented as part of a conditional use
permit.
DISCUSSION: The public's awareness of Radon gas is relatively new. In order
to obtain information on this topic, I contacted Laura Oatman of the Minnesota
Department of Health. According to her, the state and federal governments are
at least one year away from enacting rules pertaining to commercial
facilities. To date, the emphasis has been placed on residential units. '
Since commercial standards are unavailable at this time, the City is put in a
position of "writing the book" on this issue. The Department of Health
suggests that average annual testing be included as a provision of the
operation of day care facilities. A full year of testing is required since
winter Radon levels can be as much as 60% higher than summer levels and total
exposure is the key issue. If the City has a significant concern that Radon
may be prevalent in the business park, the developer could be required to
install a subslab ventilation system as part of initial construction. Such a
system can be activated and used if later test results indicate high levels of
Radon gas.
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RECOMMENDATION: It is recommended that the City Council amend Section 20-814
of the Chanhassen City Code to require that day care facilities submit average
annual test results for the monitoring of Radon gas. It is further
recommended that Radon gas levels comply with state and federal standards upon
their adoption.
' AIR QUALITY
ISSUE: Air quality and concern about lead concentrations were additional
points raised during the City Council review on September 26, 1988.
' DISCUSSION: The Minnesota Pollution Control Agency (PCA) has a section that
enforces air quality standards and rules. In conversations with Suzanne
' Spitzer and Pat Mulloy, both staff members in the air quality division, the
following information was obtained.
Rules and standards pertaining to air quality are not geared for industrial
parks like the Chanhassen Lakes Business Park. They are aimed more at large
scale users (power plants) or at geographic areas such as major intersection
points (Snelling and University) or the entire seven county metropolitan area.
Of the potential air pollutants, carbon monoxide is of most concern because it
affects children more intensively than adults. PCA rule APC-1 identifies a
carbon monoxide standard of nine parts per million over an eight hour period.
PCA staff stated that there is virtually no way that the Chanhassen Lakes
Business Park would not be in compliance with this standard. For example, the
Edinborough complex in Edina contains a day care facility. Edinborough is
adjacent to I-494 which has an average daily traffic volume in excess of
' 120,000 vehicles. The Edina site is in full compliance with Rule APC-1.
Doug Benson is the PCA staff person who works with lead standards. He
' indicated that lead is not likely to be an issue unless adjacent industrial
uses are either a lead/acid battery recycling firm or a business operation
that burns used motor oil for heating purposes. Neither of these uses are
likely in the industrial park and, therefore, lead is not viewed as a
significant concern.
RECOMMENDATION: From the information obtained, air quality and lead do not
' pose significant threats to day care centers in the IOP zone. All facilities
within the industrial park are likely to be in full compliance with state
guidelines. Therefore, it is not recommended that special provisions be added
to the conditional use permit to monitor and/or control air quality and lead
levels.
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NOISE
ISSUE: Noise levels and their effect on children was an issue raised by the
City Council during the review of the day care request.
DISCUSSION: Dave Kelso of PCA was contacted for information on existing noise
standards and their impact on day care facility. Day care facilities in the
industrial park presents an interesting situation. State rules that govern
permissible levels of noise establish various standards depending upon the
type of land use. Day care centers are looked upon as being essentially
residential type facilities. Correspondingly, they have noise thresholds that
are lower than industrial businesses.
The interesting aspect of placing day care facilities in the IOP zone is that
it establishes a situation where "the exception becomes the rule." Industrial
parks without daycare centers permit higher noise levels than the same
industrial parks after the addition of day care facilities. This creates some
concern regarding future uses which may desire to locate in the industrial
park and either their prohibition from doing so or the City having to require
mitigation measures as part of the site plan review.
Although future conflicts are possible, the likelihood of their occurrence is
viewed as being slim due to open space requirements and the types of land uses
allowed in the industrial park. The City may want to initially verify
existing levels of noise to guarantee that the site complies with state noise
guidelines for day care facilities. According to the PCA, such a test can be
obtained from a number of local testing firms for a total cost not exceeding
$200.
RECOMMENDATION: It is recommended that the City Council amend Section 20-814
of the Chanhassen City Code to require that the developer of day care
facilities provide the City with test results that prove that a site complies
with Minnesota Rule 7010. Testing shall be completed and the results
submitted to the City for review prior to issuance of a building permit.
SUMMARY I
Based upon investigation of the preceding topics, it is recommended that
additional provisions be added to the conditional use permits for day care
facilities in the IOP zone relating to impervious surface, Radon gas and
noise. Specifically, the following items are suggested:
1. Day care facilities in the IOP zone shall be subject to a maximum '
lot coverage of 65%.
2. Day care facilities shall submit average annual test results for
Radon gas. Results shall be submitted annually on the anniversary
of the date of the issuance of the original occupancy permit. Day
care facilities shall comply with all applicable state and federal
requirements pertaining to testing and required mitigation
techniques.
3. Prior to issuance of a building permit, day care facilities shall r
conduct tests of existing noise conditions and submit test results
to the City for review. In order for a building permit to be
issued, existing conditions shall comply with Minnesota Rule 7010.
ICity Council Meeting - September 26, 1988
otherwise demonstrated that a lift station is necessary.
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II 8. The applicant shall obtain and comply with all conditions of the Watershed
District permit.
9. The applicant's engineer shall provide the City with the necessary
documentation to' verify that the 100 year storm event and emergency overflow
conditions for the proposed ponding site will not affect the adjacent
' properties. •
10. The ponding site contours shall not be altered in any way by the homeowners
and the developer will inform the homeowners of this condition.
' 11. The applicant shall work with the City Engineer to come up with an
acceptable turn around on the street to alleviate maintenance problems such
as snow plowing.
12. The beachlot shall not be approved until the City Attorney has done further
research on it.
All voted in favor and the motion carried.
Q ZONING ORDINANCE AMENDMENT TO AMEND SECTION 20-814 TO PERMIT DAY CARE CENTERS IN
FF
t{�}�}} �A FREE STANDING BUILDING AS A CONDITIONAL USE ON PROPERTY ZONED IOP, INDUSTRIAL
/1/ OFFICE PARK DISTRICT.
Mayor Hamilton: Does the Council need any additional information on this?
' Councilman Johnson: No, it seems absolutely the correct thing to do.
Councilman Horn: Is that a motion?
Councilman Johnson: I move we approve.
Councilman Geving: I second it.
Roger Knutson: So then we have the first reading.
Councilman Boyt: I think we should add, or instruct staff to research a couple
of areas between now and the next reading. Either add them now or instruct the
staff. I think we need to have, in spite of the day care center in St. Louis
' Park passing the carbon monoxide and lead standards, I'd like to have something
that indicates that the area which in these are located has to be within
whatever reasonable standards we can find. Then, I think we need to be careful
about noise and I think we should also be concerned about the percentage of
green space. That there should be some sort of non-paved play area. I think
the idea is excellent.
Mayor Hamilton: If I can just build on your last item there because I'd like to
see a non-paved play area that's adjacent to the building so they don't have to
4 cross any streets to get to it. Or even a parking lot for that matter. It
. -- • should be adjacent to the building.
57
City Council Meeting - September 26, 1988
Councilman Boyt: Immediately adjacent to the building?
Mayor Hamilton: Right.
Barbara Dacy: The open space that you're talking about is beyond the required
play area that the day care has to have? Is that what you're saying? ,
Councilman Boyt: I'm saying that, I know the State has requirements for an open
play area. I want some green space.
Barbara Dacy: Around that play area?
Councilman Boyt: Involved in this thing. In the play area. Outside the play I
area. I don't care particularly. I want there to be green space around this
with trees and landscaping and that kind of stuff.
Councilman Johnson: Not just a fence? Sand on the ground up to a fence. '
Councilman Boyt: That's right. We're talking about a free standing building
here. I think there has to be something, or we could use something about
traffic. We talked, the Planning Commission talked a little bit about this
particular location is apparently in an area where there's not a lot of traffic.
I'd like to see something in our ordinance that indicates that that's a
requirement. If you're going to make these free standing, that we want it to be
on a cul-de-sac or a dead end or something.
Mayor Hamilton: I think it's going to happen sooner or later so I'll bring it
up. I was thinking it and Clark was talking it and that's at some time we're
going to need to test these places and other places for radon gas. I don't know
what's involved in that but we're hearing so much about it, perhaps the staff is
going to have to recommend whether or not it should or should not be done but I
think where children are involved, it wouldn't be a bad idea to start somehow to
do that now. I don't know the first thing about it but I think it's something
that's certainly coming and it's something we're going to have to get involved
in so we might as well start someplace and now is probably a good place for it.
Councilman Johnson: Actually our building codes, I believe our heating and '
venitlating codes require interchanges that would prevent any buildup of radon
gas within this area. Your radon gas generally occurs in areas that don't have
air exchanges. Basements and stuff like this where you have a lot of surface
area exposed to the ground. I would not envision them building a basement in
this area. Probably slab on grade which is normal.
Mayor Hamilton: Nevertheless, I think it's something that ought to be
considered.
Councilman Boyt: Let's add that to the lead, carbon monoxide and radon gas. We ,
establish a reasonable standard for those.
Councilman Horn: I think with radon it's a matter of, after the fact
monitoring. It's not something you can establish on the front end. It's
something that creeps in and you monitor after it's done.
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1 City Council Meeting - September 26, 1988
Councilman Boyt: Let's add to this thing sort of an annual monitoring of those
air pollutants.._and noise. quality. There should be some sort of reasonable
standard for permissible noise quality where children are involved. If we can
lump that all into sort of one environmental condition. Add another one_for the
percentage of green space. I don't have a good clue as to what it is. I just
know it needs to obviously have more than we would typically have in the office
park.
Barbara Dacy: What we were just talking about is looking at difference
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impervious surface ratio for daycare centers...
Councilman Johnson: On the State noise standards, they do have standards.
However, an industrial site is considered one noise level. Right now you don't
' consider children being a resident of an industrial site. You wouldn't want to
put these next to a big steel foundry or lots of other places that are quite
noisy. Our main noise producer besides the one with the compresser problems
that we have at Victory Envelope are the highways and traffic noise.
Councilman Horn: Usually it's the daycare that will probably be the most noise
generater.
Mayor Hamilton: We need to be aware of what's going next to these things.
' Councilman Johnson: I don't know if annual carbon monoxide, lead and radon.
The radon monitoring is a bit on the expensive side right now.
Councilman Boyt: $22.50.
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Councilman Horn: And that includes the test.
Mayor Hamilton: Part of what I might have some difficulty with is, if we're
going to allow daycare centers in the IOP, free standing, I would really have a
hard time if somebody came along with a legitimate industrial office park use,
that we said, well we can't allow you in there now because there's a day care
center there. I don't think that's right. That would create a lot of problems
for me and I don't think I could do that. Whatever is an allowed industrial
office park use now has to be able to be put next door to a day care center. We
can not deny it. So I'm saying that we have to be sure that it's not too noisy
or not too polluting or not too anything. Whatever you allow, has to be allowed
in the future. Just because you're putting a daycare center in should not
change what else goes into that IOP.
Councilman Boyt: Maybe we can't have both of these things. Maybe we can't put
' the radiator shop next to the daycare. We need a daycare. I think all of us
agree that it would certainly be a good thing to have one conveniently located
there but I think in putting one wherever we put it, we're also indicating
' something about what we're willing to put next to it.
Councilman Geving: Don't you think the market kind of wittles that out though?
That selection process is made by the people who are marketing the daycare
center or the business activity. They don't want to be located next to that
radiator shop either. So they'll look for a location in an industrial park that
doesn't have that, at least I hope they will. One of the things that I would
like to see, since we're going to move in this direction and I like the idea
' 59
City Council Meeting - September 26, 1988
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because it's catching on and very popular. Even in my building we have about
200 kids now in daycare but one of the first things they put up was a fenced
area for kids to play in. It seems to me that was one of the first
considerations for safety because there were an awful lot of cars in an
industrial park area. Trucks, cars, vehicles coming and going and they're not
expecting to see little kids. I would like to see us consider fencing the play
area.
Councilman Boyt: That's a State requirement. '
Councilman Geving: Is that a State requirement? Fine. That's great. Also, in
an industrial park, or at least the areas that we have here, there really aren't
many sidewalks or places where teachers or whatever they're called, aides, can
take these kids for a nice little walk. A little hike. That's another thing
I'd like to see more of. Even in the industrial park here where, regardless of
the advent of the daycare, places where they could just take a group and walk 2
or 3 blocks from the daycare center so I think that's something we may want to
think about in the future but doesn't have anything to do with the zoning
ordinance amendment obviously. '
Mayor Hamilton: I want to go back to the point I was making. I want to be sure
that when a daycare center locates in the IOP, that we don't all of a sudden
have them coming in here saying, well the building next to me is giving off
fumes and it's bad for my kids and there's a couple of them that have asthma or
something. As long as whatever is there and is allowed in the industrial park,
meets the requirements as far as emissions and anything else, I don't think we
can start getting ourselves into a tug of way. A daycare center is now there so
now everybody's got to start being more restrictive and cleaning up their act
even more than what they had to do previously when they were meeting ordinance
requirements. Just to call it to everyone's attention. I perceive some
potential problems down the road when they come in and say, gosh this guy is
doing that and they're doing this. We're really opening up a can of worms here.
Councilman Boyt: Let's approach it from the standpoint of a daycare center can
not be located where any of these things may exist in terms of loud noises,
polluted air. Once it's in there, I think it's reasonable for the City to say
that our part of the bargin is that we're not going to put a radiator shop in
next to you if it's not there now. You've got have more flexibility in the
office park. I'm not trying to point out a radiator shop as being particularly
polluting. I have no idea. I'm just saying, that we won't put someone in that
we know up front is going to create problems for the daycare. We wouldn't want
to do that, would we?
Don Ashworth: I don't think legally you can stop them.
Barbara Dacy: If it's a permitted use. '
Mayor Hamilton: That's what I'm saying. If it's a permitted use, they can go
there. If the guy buys the property and he says I want to put my company there
and I'm a permitted use in your IOP, I want to go there. How are you going to '
stop him?
Councilman Boyt: I don't know. Back to the intent of this thing is, I don't
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think the market does a very good job when convenience is at stake. I think
60 ,
City Council Meeting - September 26, 1988
that a parent is going to, I don't want a parent having to weigh a noisy
environment for their kids against the convenience of picking them up next to
work. I think the City ought to be able to give than some assurance that they
won't have to. I don't think our industrial park is going to have any problems
with these things anyway.
Mayor Hamilton: It may not. We have a good industrial park but that doesn't
mean that the situation may not arise that would cause a problem. That's the
only reason I'm bringing it up. Make everybody aware that there are some
' potential problems there.
Councilman Horn: I'm wondering, when you look at the clean air acts and the
' OSHA requirements, doesn't that cover what we're getting at?
Councilman Johnson: Pretty much. Especially when Minnesota passed a new law in
this legislature that everybody is responsible for any objectionable odor. I
don't have the words exactly right but you have to mitigate, immediately take
action to mitigate objectionable emissions. It doesn't even have to exceed
given MPCA standards. It's really a fun one that MPCA is going to have to deal
with.
Councilman Boyt: May I suggest that we put three conditions in this approval?
' One of them being that staff research impervious surface. The other one being
that the daycare centers be located on a dead end or cul-de-sac street. The
third one would be that noise, radon, carbon monoxide and lead is monitored.
' Mayor Hamilton: Is that acceptable to you?
Councilman Johnson: In addition to the recommended 3 so we now have 6?
' Mayor Hamilton: Right.
' Councilman Johnson: That's acceptable to me.
Councilman Geving: I'll second it.
Councilman Johnson moved, Councilman Geving seconded to approve Zoning Ordinance
Amendment Request #88-15 to amend Section 20-814 as follows:
(13) State Licensed Day Care Centers.
Additionally, to add Section 20-292, State Licensed Day Care Centers:
1. The site shall have loading and drop-off points designed to avoid
i.nterferring with traffic and pedestrian movements.
2. Outdoor play areas shall be located and designed in a manner which mitigates
visual and noise impacts of adjoining residential areas.
' 3. Each center shall obtain applicable State, County and City licenses.
• 4. Staff shall research the impervious surface ratio.
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City Council Meeting - September 26; 1988 11
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5. Day care_c nters_shall_be located on a dead end or cul-de-sac street.
6. Noise, radon gas, carbon monoxide and lead is monitored.
All voted in favor and the motion carried.
;ZONING ORDINANCE AMENDMENT TO AMEND SECTION 20-814 TO PERMIT DAY CARE CENTERS AS
PART OF A MULTI-TENANT BUILDING AS A CONDITIONAL USE ON PROPERTY ZONED IOP,
II
INDUSTRIAL OFFICE PARK DISTRICT.
Councilman Johnson: Here you even have more of your potential of a noisy tenant
moving in next door but if you're sitting there selling stocks and bonds out of
your multi-tenant and somebody moves in next door and starts moving air harmers,
you're going to be complaining anyway. I'll move acceptance of this one with
the additional three requirements. 1
Councilman Boyt: Take item 3 off Jay and the dead end/cul-de-sacs.
Councilman Johnson: Right. The three listed by staff and the two additional. 1
Councilman Horn: I'll second.
Councilman Johnson moved, Councilman Horn seconded to approve Zoning Ordinance
Amendment Request #88-14 to amend Section 20-814 as follows:
(14) State licensed Day Care Centers as part of a multi-tenant building. _
Additionally, to add to Section 20-292, State licensed Day Care Centers: 1
1. The site shall have loading and drop-off points designed to avoid
interferring with traffic and pedestrian movements. 1
2. Outdoor play areas shall be located and designed in a manner which mitigates
visual and noise impacts of adjoining residential areas. 1
3. Each center shall obtain applicable State, County and City licenses.
4. Staff shall research the impervious surface ratio. 1
5. Noise, radon gas, carbon monoxide and lead is monitored.
All voted in favor and the motion carried.
ROSEMOUNT DEVELOPMENT PROPOSAL:
A. CONSIDER TIF AGREEMENT WITH HRA.
B. LAND PURCHASE AGREEMENT. 1
C. AUTHORIZE FEASIBILITY STUDY FOR LAKE DRIVE EAST/MARKET BOULEVARD.
* Don Ashworth: I wanted to make sure that the Council was fully abreast of what
actions had been taken by the Housing and Redevelopment Authority. Insofar as
62 1
(?.C. DATE: Sept. 7 , 198
CITY OF
C.C. :: 8 : : Z 'E: Sp . 26 1988
II \\ i CHANIIASSEN CASE OA•�'' Prepared by: Dacy:k
11 AMMOMMAMMIAMMIAMWAMMEMMIAMIAD
4
1
STAFF REPORT
I PROPOSAL: Zoning Ordinance amendment request to amend
Section 20-814 to allow state licensed day care
centers as a conditional use in the IOP, Industrial
1— Office Park District.
IZ ' )'ictinn by Gity Ad•ntntstritla
endorse;+.._4(.____
I V LOCATION:
Modified
1;ejected...��_
C Date 9�,2�`��'r_--
' �L• Data Submitted h " ,�;
APPLICANT: Rome Development
Q 1450 Park Court
Chanhassen, MN 55317 Date Submitted t) iA.6;, ;i�'
PRESENT ZONING:
IACREAGE:
DENSITY:
IADJACENT ZONING
AND LAND USE: N-
' S-
Q E-
1 tit - W-
0
IW WATER AND SEWER:
IC]) PHYSICAL CHARAC. :
1 2000 LAND USE PLAN:
II
I < 1
ZOA 88-15
September 7 , 1988
Page 2
BACKGROUND 1
The City Council approved the Zoning Ordinance amendment to allow
state licensed day care centers as an accessory use in the IOP,
Industrial Office Park District on July 11, 1988. The Planning
Commission reviewed this request at the June 15 , 1988 meeting.
Instant Web has since decided not to install a day care facility
within their building (warehouse demands) and would like to pur-
sue a free-standing facility along with United Mailing and
Victory Envelope.
ANALYSIS '
During research of the Zoning Ordinance amendment for day care
centers as part of an industrial building, it was determined that
other communities allow these uses as a "supporting and minor"
use to the principle use. Eden Prairie, Chaska and Minnetonka
permitted these uses as part of either a multi-tenant office
building (Chaska) or as a part of the principle building (Eden
Prairie) . None of these communities allowed day care centers as
a permitted or conditional use such that a free standing facility
would exist.
Staff advised the applicant to petition to amend the Zoning
Ordinance to allow state licensed day care centers as a con-
ditional use in the IOP versus a permitted use in that the primary
intent of the district is to provide for light manufacturing and
industrial activities . Day care centers are permitted in all of
the commercial districts except the BF, Business Fringe district.
As a conditional use, the City would have the ability to control
the location of the day care center in relation to other
industrial uses to insure that adequate separation is maintained
and to insure that adequate access to the site is provided. '
As was discussed during the original Zoning Ordinance amendment,
provision of day care services in industrial parks is becoming a
major concern to employers and is becoming popular to include in
employer benefit packages. This type of use is such that staff
does not feel that there would be a number of requests to locate
a free-standing day care center in the business park such that it
would occupy a large amount of industrial zoned land. It is
recommended; however, that the Zoning Ordinance be amended to
include Section 20-292 which would be a repeat of Section 20-261
which establishes conditions for state licensed day care centers
in the residential districts . The main concern of these facili-
ties is adequate loading and drop-off points as well as location
and construction of outdoor play areas . Again, as a conditional
use, these issues can be addressed as well as the issue of loca-
tion in relation to other industrial uses .
1
(
ZOA 88-15
' September 7 , 1988
Page 3
RECOMMENDATION
It is recommended that the Planning Commission adopt the
following motion:
"The Planning Commission approves Zoning Ordinance Amendment
' Request 88-15 to amend Section 20-814 as follows:
( 13 ) State Licensed Day Care Centers.
' Additionally, to add Section 20-292 , State Licensed Day
Care Centers:
' 1 . The site shall have loading and drop-off
points designed to avoid interferring with
traffic and pedestrian movements .
2 . Outdoor play areas shall be located and
designed in a manner which mitigates visual and
noise impacts of adjoining residential areas .
' 3 . Each center shall obtain applicable state,
county and city licenses .
tPLANNING COMMISSION ACTION
The Planning Commission unanimously recommended approval of the
zoning ordinance amendment request as presented but directed
staff to investigate additional safety points for City Council
consideration.
' STAFF UPDATE
Attachment #6 are the state regulations pertaining to day care
requirements. The Planning Commission felt that location of
these free standing day care facilities should be investigated as
to their relationship to adjacent uses . The Commission directed
staff to investigate any other potential standards to be added to
the zoning ordinance that would not be regulated by the state.
' Typical impacts that should be evaluated are traffic, noise,
separation between uses and air quality. As to the traffic
issues, the streets in the industrial park areas are designed for
' heavier types of traffic such as truck traffic and are wider than
typical residential streets. The amount of traffic traveled on
these roadways results from employee traffic and truck traffic
generated from the industrial uses . Traffic generated from a day
' care site would coincide with the peak hour traffic of an
industrial use in the business park given that the employees
would be coming or going from work early in the morning or at the
(
ZOA 88-15
September 7 , 1988
Page 4
end of the work day. Since play areas are required to be con-
tained and the children supervised either inside the building or
outside in the contained play area, there should be no conflicts
with any of the traffic generated in the industrial park. (There
was mention made of traffic generated from the mini-warehouse
site which would be located from the potential site contemplated
by this applicant. A mini-warehouse use generates far less traf-
fic then a office or industrial facility because there are only a
minimal amount of employees, and the use is such that it genera-
tes traffic during the day but not in the volumes that can be '
generated by office or industrial facilities. In fact, the loca-
tion of the proposed free standing facility at the end of the
cul-de-sac offers an advantage because it will be secluded at the
end of the cul-de-sac. ) '
The uses generally permitted in the IOP District are indoor
oriented and "light" uses . Heavy manufacturing uses that would
generate outdoor noise such as tire recapping plants are not per-
mitted. Concrete mixing facilities and motor freight terminals
are the uses which should not be located next to day care centers
given their outdoor activity. This type of occurrence can be
regulated upon application during the individual conditional use
permit request; however, the Council may wish to specify this in
the ordinance if so desired. 1
The lot size and setback requirements in the Industrial Park
District would also ensure proper separation between free
standing buildings such that there would be an adequate amount of
building separation to permit proper circulation of air or
adequate provision of light.
The evaluation of adjacent uses in regards to the location of a
day care center is a valid point to consider. The relationship
between adjacent uses and the proposed day care center should be
handled during each application process to determine the impact
of existing uses on the proposed day care center.
Unless directed otherwise, staff finds that both the state t
regulations and the proposed standards recommended by the
Planning Commission are adequate to guide future applications .
However, the City Council may wish to add additional standards '
given the above discussion.
CITY COUNCIL RECOMMENDATION
"The City Council approves Zoning Ordinance Amendment
Request 88-15 to amend Section 20-814 as follows: '
( 13) State Licensed Day Care Centers .
1
11 (
ZOA 88-15
September 7, 1988
Page 5
Additionally, to add Section 20-292 State Licensed Day
Care Centers:
1 . The site shall have loading and drop-off
points designed to avoid interferring with
' traffic and pedestrian movements .
2 . Outdoor play areas shall be located and
designed in a manner which mitigates visual and
noise impacts of adjoining residential areas.
3 . Each center shall obtain applicable state,
county and city licenses.
ATTACHMENTS
1 . Application.
2 . Letter from Roman Roos dated August 10 , 1988 .
3 . City Council minutes dated July 11, 1988.
4 . Planning Commission minutes dated June 15 , 1988 .
' 5 . Section 20-261.
6 . Station information regarding day care centers.
7 . Planning Commission minutes dated September 7 , 1988 .
I
1
. C C . 1
LAND DEVELOPMENT APPLICATION
CITY OF CHANHASSEN
690 Coulter Drive
Chanhassen, MN 55317
(612) 937-1900
I
APPLICANT: omf D n t-Lopm ,r lap OWNER: - —Pool
ADDRESS Lt/So 119 AL 1pder ADDRESS S ONK t - I
[5'.ASYrt4sSty Coo SSW
Zip Code Zip Code 1
TELEPHONE (Daytime) y74-21Z$ TELEPHONE
REQUEST:
I
Zoning District Change Planned Unit Development
' Zoning Appeal Sketch Plan
I
Preliminary Plan
Zoning Variance Final Plan
1
Zoning Text Amendment Subdivision I
Land Use Plan Amendment Platting
Metes and Bounds I
Conditional Use Permit k -! `;"
Street/Easement Vacation
Site Plan Review
I
(�
Wetlands Permit
PROJECT NAME P //��AOwe- DIV J9a C yr t.
PRESENT LAND USE PLAN DESIGNATION 10 P - '
O�Ftc/�Ae�-trousf
REQUESTED LAND USE PLAN DESIGNATION SA on I
PRESENT ZONING - I O F
REQUESTED ZONING _1. 0116 W CD4O illogMA. WC' 19yeA tr F4u utj
^ f
USES PROPOSED Di • CAgt- hi)e. LtTY
SIZE OF PROPERTY 1.4, ACelt.W. by Lor 3 7 oce Z
LOCATION criAatt ASS CO LOI TI/gIAVIgS Nde.m. I
REASONS FOR THIS REQUEST
I
LEGAL DESCRIPTION (Attach legal if necessary ) I rr9Sr1 L0 3 g�c.�
CAW A-J V 45S 6-n) P
I
City of Chanhassen
Land Development Application
Page 2
IFILING INSTRUCTIONS :
This appliaatFGft nrtj be complat2c� N"Yilli-Li`d be typewritten or
I clearly printed and must be accompanied^b ;a13. information and_
plans regriled by applicable City Ordinadce pro'visions . Before
filing this application, you .a1•{o, .d cori ers. it, 4t t,Oity Planner
to determine the specific ordid4 ice 'and procetbra requirements
I applicable to your application.
1 FILING CERTIFICATION:
I
The undersigned representative of the applicant hereby certifies
that he is familiar with the procedural requirements of all
I ' applicable City Ordinances .
ISigned By Date g 4q�
Applican _ lc
I
IThe undersigned hereby certifies that the applicant has been
authorized to make this application for the property herein
described. •
:'. , w •:,1 ,- - S • •
1 1.:P..;').# . 3111 !
II Signed By Date e5/4/4e
'I-Fee. Owner
I''./1-1/.2f;4 :l'kiir ,' l 1 :f}i 'r.1:• ii1L1131 . . .; '*i}' }J r 1•
.. j. r •.fj Ca f j.%4 Ph 'A
I Date Application Received
Application Fee Paid ,
I .":1,0*i ' +;,} A�:��`i� }`J.1..% $ IY:.•rb/f %!411
ICity Receipt No.
* This Application will be considered by the Planning Commission/
II Board of Adjustments and Appeals at their
meeting.
mia
DEVELOPMENT CORPORATION
August 10, 1988 II
IIMs. Barbara Dacy
City of Chanhassen
Planning Department II
Coulter Drive ' ,
' Chanhassen, MN 55317
RE: Development of Phase #11, Lot 3, Block 2 '
Chanhassen Lakes Business Park
Dear Barbara:
This letter supplements our land development application with a
description of the project and the areas of concern to be addressed.
The project is a 5,100 square foot day-care facility designed to service
the needs of the employees of Instant Web, United Mailing and Victory
Envelope. The tenant will be a new day-care corporation setup to meet
their employee's needs. The site was selected because of its location;
providing isolation with a background of trees.
The building will be owned by Rome Properties and is intended to be
Phase 4611 of my original 1985 development on Lot 3, Block 2. Phase 461 is
a 16,000 square foot office warehouse.
There are several areas of concern for reviewal and they require action
through the planning process.
1. Conditional Use Permit and Zoning Text Amendment
A. It is my understanding that Staff and Council have addressed
the issue of day-care in the IOP. I believe the finding was
that a day-care can be a conditional use in an existing
building.
B. We are requesting that Staff and Council modify their
findings to include our day-care facility as a free standing
building and permit conditional use. This action would
probably require a zoning text amendment and a conditional
use permit. '
2. Site Plan Review
A. We have submitted a site drawing to define the project with
regard to topography, location, access and parking.
B. If we have a favorable opinion, we will move directly into
an elevation drawing and final plans and specifications.
ROME DEVELOPMENT CORPORATION
•
1450 PARK COURT • CHANHASSEN, MN 55317 • PHONE (612) 474-2125, 867-1886
AUG 1 2 1988 `-I
1
1
Page 2
i
1 3. Subdivision
A. The total parcel, Lot 3, Block 2, contains the existing
Phase #I project; an office warehouse on a portion (1.4
I acres) of the land. This portion of the parcel is defined
by metes and bounds.
. With the inclusion of Phase #II, we will replat the land
into two distinct parcels, even though we will own both
1
C. projects.
The entry to the day-care will be 30 feet wide and will be
handled by a permanent easement or by land ownership.
1 4. Assessment Reduction Agreement
A. Lot 3, Block 2 has approximately $16,000.00 of special
1 assessments against it. Past yearly payments have been made
to reduce it from the amount left after the Phase #I
reductions in 1985.
B. We are requesting the HRA to allow Phase #II to reduce this
' amount by the normal process with any balance paid off at
completion of the project.
' Barbara, this should cover all the items that we discussed. I am asking
for your help and guidance in the preparation and submittal of any other
information necessary in the planning process for timeliness and
background.
Thank you.
1
Sincerely,
' Roman R. Roos
RRR:md
1 Encl.
I
1
Council Meeting - J 11, 1988 I
ZONING ORDINANCE AMENDMENT REQUEST TO AMEND SECTION 20-813 TO ALLOW CHILD CARE
CENTERS AS AN ACCESSORY USE IN THE IOP, INDUSTRIAL OFFICE PARK DISTRICT, FIRST
READING.
Mayor Hamilton: I think Redman Products already has a daycare center in their
facility.
Barbara Dacy: That's correct. That was under our former ordinance and ,
former ordinance did allow that type of accessory use. d the
Mayor Hamilton: I think it's a great idea. It's really neat that companies are
willing to do that.
Councilman Boyt: I think we need to be specific about the users of the daycare
center. I think they need to be limited to children who have parents employed
in the Industrial Park or maybe even with that particular employer where it's
located. I don't think we want to encourage licensed daycare centers to take
people from the general public in an industrial office park. It's a real good
idea for the children of the people who work there.
Councilman Geving: I think that's probably already built in. 11
Mayor Hamilton: Do you know what the scope of your operation is going to be
Dick?
Dick Warren: The primary purpose of course would be for the employees of
Instant Webb Company. What you run into is we have some fairly significant
costs that are associated with regulations. Construction really has to be built
during contingency so, I'm trying to find a good way of phrasing this. I think
that it would make the thing a lot more doable if you had the escape hatch of
opening it up to other people in the office park, if for whatever reason... It
would make the project a lot more feasible over the long haul.
Mayor Hailton: I think that's what Bill and Clark are saying. As long as it's ,
for the people in the office park, people who work there. Not necessarily
someone who works up on TH 7 and wants to just drop their child off at your
daycare center since there are other daycare centers to handle those type of
folks.
Councilman Boyt: I think we need to word that someway because as it stands now,
anyone could come in and say I want to put a daycare center in the IOP.
Barbara Dacy: Not as a permitted use. We have to have an established permitted
use in the industrial first before you can have an acessory use.
Councilman Boyt: Okay, I guess that covers my concern.
Councilman Horn moved, Mayor Hamilton seconded to approve Zoning Ordinance
Amendment Request #88-10 to amend Section 20-813, Permitted Accessory Uses of
the IOP, Industrial Office Park District, as follows:
(4) State licensed day care center.
All voted in favor and the motion carried.
46 1
Planning Commission Meeting
IJune 15, 1988 - Page 19
C
tenants.
Wildermuth: I 'm surprised he didn' t haul it off .
' Brad Johnson: It is being hauled away this week. As I said, it' s part of
a general clean-up that' s under process . If it were cleaned up, we ' ll
' figure out a solution but the solution, until there is that kind of
property. . . I wouldn ' t believe it had I not gone back and guys like Bob
Naegele owned it and a guy by the name of. . . Both of those were of
considerable net worth at the time and the place just kept going nowhere.
' Emmings: So this just goes onto the City Council and we don' t have to
take any action?
ZONING ORDINANCE AMENDMENT TO AMEND SECTION 20-813 TO ALLOW CHILD CARE
CENTERS AS AN ACCESSORY USE IN THE IOP, INDUSTRIAL OFFICE PARK DISTRICT,
INSTANT WEB, INC. .
Public Present :
Richard Warren
' Jo Ann Olsen presented the staff report .
Chairman Emmings called the public hearing to order .
Dick Warren : I 'm Dick Warren with the Instant Webb Company. I wrote the
letter that is included in the packet . I told Barb that I would bring
along a copy of the revised 4 , 300 foot structure plan to give you a sense
of what that would look like. It' s the same concept. The fundamental
issue is we' re dealing with so many ratios , space ratios , it' s a little
bit like designing a . . .and we just couldn ' t get the job done in the
structure design. I 'm available for any questions that you have otherwise
I don' t have any further comment .
Conrad moved , Wildermuth seconded to close the public hearing . All voted
in favor and the motion carried . The public hearing was closed.
Ellson : I love it. I love the idea . I think it ' s great . I think you' re
idea is great. You can hire me any time because I 'd love to have an
office that had a daycare . I think it ' s wonderful .
Conrad: No comments. I think it' s a good idea .
' Batzli : I had a comment and I realized probably how silly it is now that
I reread the definition of an accessory use and my question was going to
be why don ' t we make it a conditional use but it ' s a permitted accessory
use so 6 of 1 and half a dozen of the other , I guess, and since they' re
licensed , I don ' t have a problem with that .
I
Planning Commission Meeting
June 15, 1988 - Page 20 I
Wildermuth : Excellent idea . I think Instant Webb is to be
commended . I
think they' re probably the first company in Chanhassen to have a daycare
center . '
Emmings : I have no comments . I agree with Annette .
1
Ellson moved, Wildermuth seconded that the Planning Commission recommend
approval of Zoning Ordinance Amendment Request #88-10 to amend Section
20-813, Permitted Accessory Uses of the IOP, Industrial Office Park
District as follows :
(4) State Licensed Day Care Center . I
All voted in favor and the motion carried .
ZONING ORDINANCE AMENDMENT TO AMEND SECTION 20-904 AND SECTION 20-615 (6B) ,
ACCESSORY STRUCTURES TO PROVIDE SETBACKS AND MAXIMUM SIZE OF ACCESSORY
STRUCTURES, STORAGE BUILDINGS AND DETACHED BUILDINGS. I
Olsen : We' re asking you to table it right now until we can republish. We
want to publish the whole thing so people can see it.
Emmings: At this point you just want to know that we. . .
Olsen : That this is okay. The new stuff is in bold hopefully to make it
easier to see what the changes were.
Emmings : We' re going to table this I guess .
Conrad: So we' re not going to have a public hearing . I
Emmings : So we' re not going to have a public hearing and I think what
they' re asking for is our comments as to the content of this when it does
come back on the public hearing so they want to be sure that we' re in
agreement with what this says at this point in time. If anybody' s got any
reservations , just go ahead and speak them out .
Conrad: The only thing that I find interesting is the City Council , who 11
was very concerned about 1, 000 square foot accessory building and we
rationalized 1, 000 as a good sized three car garage and a shop. That' s
how we came to that 1, 000 feet . That makes sense to me. I have no other II
comments but that ' s a number we could certainly move around. Whether it ' s
1,000 or whatever . I think City Council will move it to where they want
to move it anyway so I don' t really care. I
Emmings : The 3 acres is the same thing . It could be 3. It could be 4.
It could be 5 or 9 but I think it' s reasonable. Then does everybody feel II
that this basically says , that it brings together what we tried to do so
many times before.
1/
( C
i -z--,-
-':` ZONING § 20-263
Alot,l d. One (1) percolation test per drainfield site where the land slope is between
°° thirteen(13) and twenty-five(25)percent.
I .1 (2) Areas where the land slope exceeds twenty-five(25)percent shall not be considered as
a potential soil treatment site.
(3) The sewage treatment system must be in conformance with chapter 19, article IV.
(4) School and day care uses accessory to the church use are not permitted unless
= approved by the city council.
(Ord. No. 80,Art. V, § 9(5-9-1(7)), 12-15-86)
Sec. 20-260. Private stables.
I A
The following applies to private stables:
(1) Stables shall comply with chapter 5, article III.
(2) Stables must be located a minimum of two hundred(200)feet from wetland areas.
(Ord. No. 80, Art. V, § 9(5-9-1(8)), 12-15-86)
Sec. 20-261. State-licensed day care centers.
The following applies to state-licensed day care centers:
5r °�'" (1) The site shall have loading and drop off points designed to avoid interfering with
traffic and pedestrian movements.
>' (2) Outdoor play areas shall be located and designed in a manner which mitigates visual
J. and noise impacts on adjoining residential areas.
(3) Each center shall obtain all applicable state, county, and city licenses.
I
.`; (Ord. No. 80, Art. V, § 9(5-9-1(9)), 12-15-86)
Sec. 20-262. Hospitals and health care facilities.
The following applies to hospitals and health care facilities:
(1) The site shall have direct access to collector or arterial streets, as defined in the
comprehensive plan.
I (2) Emergency vehicle access shall not be adjacent to or located across a street from any
residential use.
(Ord. No. 80, Art. V, § 9(5-9-1(10)), 12-15-86)
Sec. 20-263. Recreational beach lots.
IThe following minimum standards apply to recreational beach lots conditional use in
ammw+w addition to such other conditions as may be prescribed in the permit:
• (1) Recreational beach lots shall have at least two hundred(200)feet of lake frontage.
1175
I -i.
-'4' .'4 �`
.•,,:„.„,.,,,,,,,,.. 1... . , k
...:,...,,,,,,:,,...
9545.0260 LICENSItiG OF FACILITIES FOR CHILDREN -883° �p�'m•,'' ,5331 LICENSING OF FACILITIES FOR CHILDREN 9545.0510 Child ..1'' 14t ren Children Children'r•('y'�Illil! .
1. Interim and Permanent(3 foster•-5 total) r.;::,, " `r, 9535.0310[Repeated,9 SR 2106]
Licensed 12 hours 0-2 ^• r.
3 Absolute 5 •r l)w „r, . 9545.0320[Repealed, 9 SR 2 1061
less than
limit 5
years 3 t II'l'Iil''
4 I in this 5 cI �I �; 95 4 5 03311[Repealed,9 SR Z 106j
cagy " �" 9545.0340(Repealed,9 SR 21061 •
Exclusively Permanent or Restricted �� ,'���,'", ' !I'�
No 5 '" "°'�tgrc� .: 9545.1)35!) [Repealed,9 SR 2106) 4
2 7 t ;r Ii
Requirement 6 l 7 . fir t.
. .9515.0360[Repealed,9 SR 2106]
2. Interim and Permanent(5 children total)
" ‘-it.. -Licensed 12 hours 0 j 5
9545.0371)[Repealed, 9 SR:106] t
9545.0380(Repealed, 9 SR 21061
2ormore 1 4 5
years 2 3 9545.0394[Repealed,9 SR 2106 f
3 • 2 5 • ........,''�°"`. 95545.0400 [Repealed,9 SR 2106] �;r.
Exclusively Permanent or Restricted r;,
No 4 1 5 9545.od10[Repealed,9 SR 2146]
Requirement y y .
u 5 2 7 - ,,,. art J,1111 t (iy 9545.0420[Repealed,9 SR 2106]
6 1 7 Nit d
3_Emergency Shelter 17 children total) ,?,i�1 9545.0430[Repealed,9 SR 2106] , s
12 hours
6 hours 7 ` ° 9545.044-0(Repealed,9 SR 21061 f +'
(Special 4!''. 9545.1)450[Repealed,9 SR 2106]
�) `;�hr; GROUP DAY CARE OF PRESCHOOL AND SCHOOL-AGE CHILDREN
nee
4.Special Services(Handicapped or0 Extraordinary Care)(4 Foster- 5 total) 1 9545.0510 E1EM:Eu AND SAFETY LICENSE RDQUIR) v1EYI'SAND E EMP
a)Licensed 12 hours TIONS.
3 years+ 6 hours l 4 5 - ,t'-'
3 years (Special 3 5 lice day-care center program that has received an exemption from
ed needs) 3 re from the commissioner of education must,in addition,possess a health •,
related 4 5 .¢" .?" aztdsafety license from the Department of Human Services under parts 9545.0510
OR
1 5 to 9545.0670.The fallowing regulations shall be met •
'•`'l: Requirements Exemptions
•
b)Experience Mo-i
•
1 year with
A. Definitions All subparts None
handicapped �,:
+6 hours (part 9545.0520) . ;:
related
training > S. Licensing laws subparts
OR and procedures i throw lb
c)25 hours (part 9545.0530) subpart 17 : '�i
relate ti. - r ,
training C. Facility subparts 1 to 12, subparts
5.Group Family(10 children total) (p.at 9545.0540) and 14 13 and 15 i ;_
12 hours t
10 D. Program subparts 4, subparts 1,
6 hours (No more than 2 children "• (part 9545.0550) 5 and 6 2,3 and 7 ,
(Steal with severe handicaps at
needs/ one time ' E. Health all subparts None
EXCEPTIONS: (part 95410560) j i 'i
a) Siblings need placement together. Maximum Number: Seven children
total. F. Admissions subpart 2 subparts t r s ti
b)Home has five or six children of its own underage 18.Maximum Number. -- t (part 1 and 3 i=•
yen children total. a h
c)Child needs to he placed G. Sias' subparts 3 and 4 subparts 1,2,
p again in the same home. Maximum Number. _ (part 9545.0600) (Staff Child 4, (Staff j
ven children n total. Ratio) distribution
Statutory Artl:aity:.IIS s 245.80?sulx!! ,: ; 1
and size)
01111111,0411111LIPIII r al r - r : :;a 1111111 • MB MN MI Mr MN MI M ;•
...... .. ".?!'�,,•4 ":,' ,I , �2 PI,' n;Y9''�r;+�';, fNA:'�4 t a:MYI t , •.'pint;11''" NM NM iill Ma
1i .r.• " t.,,i J,,F
a ,"q
L'tl,t
9545.0510 LICENSING OF FACILI:'TIES FOR CHILDREN 8$32 `:`:
,fp);.11: 8$33 LICENSING OF FACILITIES FOR CHILDREN 9545.0520
H. Organization subparts 3 and 4 - ''1i,
(pan 9 Organization subparts 1,
.,4 and 6 1 , Subp. 9. Day-care.°flay-pre means the care of children outside of their
j A :pal" hots for part of a 24-hour day by persons unrelated to them by blood or
I Handicapped subparts l; "
subparts 2, it ri i ; marriage. Day care includes group day care,family day care,and group family
(part 9545.0620) items B, E;3 "pia'1:
day cart(see also parts 9545.0310 to 9545.0450}.
G items A and D;4 ( ';�If. y
Appendeaes parts 9545.01,40, parts 9545.064-o r a‘.011''1''" , Subp. 10. IIcpartrnenrt. "Department"
parts 9545.0630- 9545.0660, '•.^iii t.u, prartment" means the Department of human
9545.0670 and 9545.0630 i' 1 Services.
9545.0670 ' �r �I�;���
i,g;T .. Sobp. 11.Dro -in care.There are two types of dr
Stnta:tory Aathurity:MS s 245.302 salmi 1 -i op in care:
cCr'.r.< A. Combined program. The acceptance of additional children into a
History:L 19�f e 654 an 5 s 58 T.i "itil, licensed child care
program on an irregular basis(not more than one-fifth of the
9545.0520 DEFINITIONS.
i r�pB center's week)but not to tatted the facility's licensed capacity during any part.
'1::.1k of the day.The percentage of drop-in children shall not exceed ten percent of the
Subpart 1. Acaredittxl coarse. Accredited coarse" means a course that is •:rat total attendance.
offered by or through an institution with an accreditation.Courses need not be ^ir' . B.Total
taken for credit, but must have an assigned credit value by the institution.An ^�'.'p 4I�'' • primarily on children ho a�tteend on an irregular rtbas{s�c licensed capacity is based
accredited course is considered to be three university or toll �•""''
or 30 vocational-technical clock hours cf training quarter credits y:;lI:';'t Subp. 12. Facility. 'Facility" means the physical environment in which a
1
°�"'1''4'` group day-care program takes place.
Subp. 2. Affirmative action plan. "Affirmative action plan"means a state- ��1'
meat explaining how a center intends to recruit persona without discrimination • I i'i'':, Subp. 13_Group say-care center."Group day-care center" means any pro-
meat explaining ng gw a center
"Age groupings"mean: + gram that for compensation or otherwise,provides day or night care for six or
A.Infant:child - more children at one time The term includes,but is not limited to,programs for
aged six weeks through 15 months; ? ,,i, . children blown as nursery schools,day nurseries,child care centers, la
B.Toddler:child aged 16 months t : `;i ``'1' ' Ps.
3b months; ;:�;i;l';I;.'. day-care centers for school age children,after-schcwl programs,infant day-care
C. Preschool child:child aged 31 months through Eve e - • +: P•• centers,cooperative day-care centers, and Head Start programs.
years; r,;:i
D. Primary school child child aged sir through panty."Licensed capacity"means the maximum num-
ugh eight years;and Subp.14.Licensed es
E. Interrnediats school child:child aged nine through 12 years tier of children who can be in attendance at a center at a given time.
Subp. 4. Aide.See staff-child care assistant_ e!!'..;; • Subp- 15.Par+eat cooperative."Parent cooperative"means a con profit
Subp. 5.Child development p group
P• ant assistant training program."Child development -: , 'F. child th cgro program that is governed by a board of meet at least a percent y six weeks,•assistant training program° means a program offered by vocational-technical "' of the group child care program.The board must meet available least every six weeks,
institutes,junior colleges, and the University Technical Institute, involving-a'''.,."'''i. . '. and p minutiv of these board meetings board shall ll makle all continuing inspection e a
mtinimum of 1,080 hours of activities and courses oriented to and focused on the representative io of the department This board shall make all continuing opera
practical application of child development , x tional decisions about staff,program,budget,and organization structure
Subp.6.Child development associate."Child development associate"means ,•,,..: Parent cooperative shall be spe;ifiprly exempt from rules in the following
a person meeting the sill and competency : " parts:
a perso meat pe e•y requirements by the Office of Child • •'.; �'
A A. Definitions(9545.0520) no exemptions
Subp. 7. Child development iraiadaa.'Child development training" shall . B. Licensing laws and procedures no exemptions
;1',;
include course that are relevant to the programs.All training should not be in -: (9545.0530)oil Facility 5
one area_The following are examples of areas of training and ? D. Progr y(( 545.0550 no exemptions
be taken: 8 courses which may :';.,� D. Program(9545.0550) subparts 1,items
Areas of Training Examples of Courses �.!"' G and E;2;
4;5;6;and 7
Child growth and developnx at Child psychology ;;.?,. E. Health,nutrition,and safety no exemptions
Family relationships Parent effectiveness (9545.0560 to 9545_0580)590)
training :s: F. Admissions(9545,0 no exemptions
Preschool methods and G. Staff(9545.0600). subparts I;2;3,
curriculum development Music,art ... items A,B,
Human relations Sensitivity training,study -r• and b 4(staff
of ethnic backgrounds i - distribution
Food and nutrition Menu planning k t and group size);
Administration of programs Budget,management 5;and 6
To be considered in entry level stall-qualification,training must be offered • r : H. Organization 45. ) and administration subparts 2,item
through an accredited body. These child development training courses qualify ':;- (9545.0610) B;su>SitB (2);
stall for group daycare centers but do not imply certification by the State •:�' . 4,item B
Department of Education.
If a parent cooperative employs staff in the position of director, teacher,
Subp.3.of Edo syiioiier•"Coatamissionet"means the commissioner albumin andlor assistant teacher who are not parent members, hired staff shall not be
services. :•;.:*`` exempt from part 9545.0600,subparts 1,2,3,and S.
Other rules for group day-pre programs may be waived for a parent coopera-
'.',J.,.. , P,M1 7 n + t - rata `; 1,i7:i ,° ,{. ,' , . •,,,,Ii
I �1
1
1 ,4 1
1 9545.0520 LICENSING OF FACILITIES FOR CHILDREN 8834 • i
I 8835 LICENSING OF FACILITIES FOR CHILDREN 9545.0530
1 tive as long as the health and safety of children is not endangered (see part
9545.0530, subpart 14). ;-r ; 1 Subp.4.Provisional liceiise.A provisional license shall be issued to all new
'- group day care centers for a designated period. A provisional license may be
I Within lire first year of lieensure and annually thereafter,infortation on the granted for up to one year to a new group day care center that meets necessary
exempted sections shall be submitted to the department. health and safety requirements but does not meet all requirements for licensure.
1 Subp. 16 Person operating a group day-care facility. "Person operating a
Reason:To begin a new program,some discretion is desirable.
� group day-care facility"includes an individual,association,corporation,partners .,� , Satisfactory compliance:
I ship,any political subdivision of the state,and any agency,board,or department
I of such a political subdivision. ;•_7- t A.The health,nutrition,and safety requirements of parts 9545.0560 to
1 Subp. 17.Program."Program"means a combination of activities that,taken - ; 9545.0580 must be met,except as noted(see parts 9545.0560 to 9545.0580).
I together,constitute the nonphysical environment of a center.Materials and stag' B. The license is issued for a period up to one year and shall not be
t necessary to carry out the center are part of the program. . renewed after one year. /�,�
1 Subp 18. Staff."Staff"includes: - . C. A plan for full compliance with standards must accompany the
I A. Director:person responsible for all aspects of the operation of the application for licensure.
t group day-care center(e.g.,administrative duties,staff supervision and training D. Written notification of the granting of a provisional license by the
1 record keeping.program I p ng,p gram planning, budgeting,liaison with state and locol open- t department must be made to the child care operator specifying the reason,
I cies, etc.). duration,and conditions for continuing and/or terminating the provisional license.
I B. Teacher: person responsible for planning and implementing the This will include the plan that is required for full compliance.
I program of the group day-care center(e.g., plans and conducts daily program Subp. 5.Terms of regular licemtse.The terms of the regular license are:
activities, prepares program materials, supervises, and trains other staff, etc.). A.The license is issued for up to two years and is not transferable to
I Other titles used to designate persons with these responsibilities include teacher- another operator or site.
director,head teacher,and lead teacher. B.The license is issued alter the center has operated under a provisional
C.Assistant teacher works with the guidance of the teacher and director e. license for a designated period(see subpart 4).
I to carry out the program of the center. Subp.6.Changes in licences terms.Any changes in the terms of the license
I D.Child care assistant assists the teacher or assistant teacher with all must receive prior approval from the department.
I
I aspects of the planned program.Other tides: aide,child-care aide,
I a Volunteers:persons offering their services to a group daycare facility Subp,7. en to be cared sa license.The license shall prescribe the number and
1 without reimbursement other than for expenses. ages of children to be cared for and the hours and days of operation
I Subp.19.Staff development. ,e• Subp.3.Appeals.Any applicant or licensee whose license is denied,revoked,
I
p. lop+aeot."Sla$devefopment"means programs of not renewed may appeal to the commissioner in accordance with Minnesota
I cal education,e.g.,workshops,courses,seminars,which focus on a specific topic y phe
1 with a designated leader or facilitator for the purpose of job orientation,attitude Statutes,chapter 14.The deport out shall notify by certified mail any facility
I development,learning or improving work techniques,curriculum development, ' whose lactioe is denied,revoked,or not renewed.The grounds for the depart-
I and upgrading standards.Training may be on-site at the center or away front the .f. lint's action and procedures for perfecting such appeal shall be stated. The
I center. It may be offered by a variety of sources such as individual centers, license must be returned to the department,and'all advertising for the center
� community sources,local school systems,professional groups,vocational schools, rnustcease ��
I colleges, or universities. Subp.9.Termination of service.When the group day-care center decides to
t Subp. 20. Waiver. "Waiver" means temporary permission to disregard a i terminate its service,notice of the closing must be sent to the department and
I particular licensing requirement or rule. the license must be returned.
I t
I Statutory Audsority:MS s 245.802 subd I Subp, 10.License renewal.The licensee must reapply for a renewal license.
I The department shall mail proper notice oflicense expiration and license renewal
I Hi.tar7:L 1984 c 654 art 5 s 58 forms no less than 60 days prior to expiration of the license.The department shall
I 9545.0530 LICENSING LAWS AND PROCEDURES, make arrangements for the relicensing visit to determine whether the department
I standards continue to be met.
I Subpart I.Application forms.Application for license shall be made on the Subp. 11. Sanctions.State law provides that every person who operates a
I form issued by the Department of Human Services.Application may be obtained
I
from the departmcut.Application for license is not complete until all supporting facility required to be licensed pursuant to lee a sofa Statutes,yc�those 245.78!
1 documents have been received by the department to 245.312, without a license,or who violates any provision of those sections,
I Subp. 2. Prelieern:;ing consultation.Applicants for liaensure shall make tin- shall be guilty of a misdemeanor. Any person who offers or advertises a facility
I tact with the department to schedule prelicensing consultation. required to be licensed pursuant to Minnesota Statutes, sections 245.781 to 245.312,prior to obtaining such a license,except for the purpose of pre-enrolling
t Subp. 3.License.After application for a license has been approved by the stall andior children,or who offers or advertises any facility in violation of any
I commissioner, a license shall be issued giving permission for operation. The provision of Minnesota Statutes,sections 245.781 to 245.812,shall be guilty of
I license shall be issued within 90 days after receipt of the application and all a misdemeanor.
supporting documents. Failure to issue a license within 90 days shall constitute
I Subp.12.Right to enter aosil inspect.Pursuant to Minnesota Statutes,section
I denial of application.The license shall state the dates of validity,the maximum 245.783,the department is given the right of entrance and privilege to inspect
1 n umber of children to be present in the program at any one time,their ages,and centers during hours of operation to determine whether standards are being meL
1 the hours of operation The license must be pasted in a conspicuous place on the
I premises. The center director or representative shall be present when the department makes
i iall MI 11111 111111 ME IIIII NM MO IIII as ow agintr liviiiii visiim Ns am sir is ow
M E 011111 INN N MI IIMI NM MN • = MI • I IIIIII all MI
1 •
•a ..-
1
I
I
1 95-15.0530 LICENSING OF FACII PiiES FOR CHILDREN 8836
1 8837 LICENSING OF FACILITIES FOR CI llLllltF.t�l 9543.0544
1
1 Subp.13.Discrimination prohibited.No program may discriminate in admix- ••• 9545.0540 FACILITY.
1 lions or demissions on the basis of race, sex, religion, creed, color, national
origin,or source of payment In employment of staff,no program may discximi- Subpart I.Compliance with ni4erlaws.Tbebuildingmust tneetlegal require-
1 Hate on the basis of race, creed, color, national origin, merits for zoning,housing,sanitation, fire protection,water supply,and sewage
1 gin, religion, or sex. No t disposal.
program may discriminate on the basis of physical and/or mental handicap when Reason: To protect the health and safety of all persons who occupy the
1 the handicap does not prevent fulfillment of normal job responsibilities.
j Satisfactory compliance: building.
1 A.When applying for licensure,every center shall submit Satisfactory compliance:
1 ry - A.The program must obtain written verification from the various local
policy-, (1)a signed statement about nondiscriminatory admissions hiring legal bodies stating that requirements have been met.
B.In the absence of local regulations,compliance shall be satisfied if the
I (2) an implementable affirmative action plan designed to recruit requirements of the Department of Health and the state fire marshal are met and
1 minority children and staff where such minority groups arc a part of the comma- it is so stated in writing.
nay. C. Newly constructed facilities and altered buildings shall meet tltt
1 B. No otherwise eligible child can be excluded on the basis of the requirements of the Slate Building Code.
specified characteristics,except
Subp.2.Floor space.There shall be a minimum of 35 square feet of usable
I (I) a program established to serve low-income children may give floor space(primary space)per child in attendance,exclusive of hallways,bath-
[ first priority to children of this group only but shall not discriminate within this rooms, lockers, kitchens, and floor space occupied by sanitary equipment,but
1
1 group' including equipment and furnishings regularly used by the children.
1 (2)a program established to serve children of a particular religious Reason: Program flexibility and child movement needs require that ade-
I faith may serve these children only but may not discriminate within the group. quate space be available.
1 The program may not discriminate against groups
t Y gainst children from other religious grow Satisfactory compliance-
[ when a portion of their fund is derived from public sources. A. The applicant shall submit a floor lan of the pro
1 C. Employment practices shall be based on bona fide occupational scale. p P Posed facility to
1 qualifications. Employers shall not discriminate on the basis of the cified
characteristics by: B. No more than 25 per cent of the proposed primary space shall be
1 occupied by equipment to be left stationary.
i
(1)refusing to hire a qualified applicant; C. Where there is question about the usable space, the licensing agent
t (2)discharging a qualified employee; shall measure the available primary space.
I (3)maintaining a system ofentploymeletthatunreasooablyexcludes D. The licensing agent capacity
I g gent shall designate the licensed t�pac7t of the
1 an applicant; or
program.
1 (4)establishing differences in tenure,compensation,terms of employ- Subp. 3.Program space.Primary space designated for the program shall be
i ment.upgrading,conditions of work, facilities,or privileges of employment. available only for the children when the program is in operation.This space shall
I Subp. 14. Waivers. Rules may be waived,with the
Y approval of the depart- include furnishings and equipment primarily for the program's use.Supplemen-
t ment,according to the procedure established for such waiver. Waiver may be Lary space may be shared
i granted only if the health and safety of the children are ensured. Subp.4.Clear hallways and stairways.All stairways and corridors leading tor II
Satisfactory compliance: exits shall be kept clear and free from obstructions at all times.
J
A.A complete explanation of the reasons and purposes of the waiver Subp, 5.Toilet facilities.Adequate toilet and washbowls must be provided
i must be submitted to the state agency at the time of application for limns-are. in swell-ventilated place.
B. Waivers can be granted only in writing and only by the department Satisfactory compliance:
llili
and must be signed prior to the beginning of pmgram operation A.There must be at least one toilet and one washbowl provided for each
•
C.The granting of a waiver shall not constitute a precedent 15 children and one additional toilet and washbowl for each additional 15
Subp. 15.Copy of inks.Every children or fraction thereof.Toilets and washbowls must be reachable.
a copy of these pans. applicant for a license shall be furnished with B.Training chairs, instead of the required number of toilets,must be
provided for toddlers.
Subp. 16.Separate licenses.Separate licenses shall be required for programs C.Water accessible to children shalt not exceed 120 degrees Fahrenheit.
maintained on separate premises even when operated under the same auspices.
A separate license shall not be required for separate programs operated on the Subp. 6.Sick must be r Centers must provide care for a child who becomes
same premises under the same auspices-
Reason:ill.Supervision must be provided until the child is picked up.
Subp. 17.School.The name"school"may be used only by programs having Children who are not well should not be required to be with a group
or involved in its activities
a minimum of one teacher certified by the State Department of Education.One Neither should an ill child be placed in solitary
certified nursery school teacher must be present during the major part of the confinement.
P(oaram for every 20 children. Satisfactory compliance:Space designated for use by an ill child need not be
Statutory Authority:MS s 24.5.802 subd 1 permanently arranged but shall be:
Statutory
L 1984 c 654 an S s SS A.used only for other compatible purpose;e.g.,private office,library,
staffs room;or
l ,
9545.0540 LICENSING OF FACILITIES FOR CHILDREN 8838 8839 LICENSING OF FACILITIES FOR CHILDREN 9545.0559
B. effectively protected tiom the main activity area and the kitchen ` Satisfactory tom
screening; and b}' ry piiancc:This requirement will be considered fulfilled by any /
C.equipped one of the following:
R plod with a child's cot;and e A. an adjacent play area where children are rotated in appropriate ` ,
D. within sight and hearing of an adult_ • .. t numbers to maintain 75 square feet per child for outdoor play; r
Subp. 7. Floors. Floors must be kept clean at all times, must not have B.adjacent park facilities within 1000 feet:or
splinters,cracks,or broken linoleum,and must not be slippery.Carpeting or rugs Ce park spacv that is more than
may be used but rugs must not be hazardous. Concrete floors shall be tiled, ; where daily is provided_I40t!feet from the group day care center,
carpeted,or cushioned ��
Subp. 8. Room rem p • -- Subp. 14.Soperrssioe during play.Play space must be adequately enclosed-
P• temperature_ A minimum room temperature of 68 degrees t where necessary to prevent children from leaving the premises unattended and
Fahrenheit shall be maintained in space designated for the program
Subp. 9. Ventilation and lighting. Ventilation and lighting every facility outdoor play time must be directly supervised with the required staff-to-child
must meet the requirements of the State Building Code, g n ev facili ratio.
Subp. 10. C3eunline .Premises shall be kept clean and sanitary. Subp. 15.Outdoor pray equipment.Outdoor play space shall be equipped for
Subp. I I.Sleeping place,A cot or a crib must be provided for each child active uto large-muscle play(see s 24 &I2 su 6tU and 9545.0650).
Lakin a nap in a Statutory Authority:MS:2451802sultd f
taking p program that includes a rest.Adequate space and accessibility
of exit must be maintained. 9545,0550 PROGRAM.
Reason: Children in a day-care program need rest and quiet as part of the Subpart 1. to general.A group day-care program must show evidence, in
daily activity. writing,of provision for the
Satisfactory compliance:
g p physical,intellectual,emotional,and social develop-
ment corn fiance: of the child. Every program shall have internal consistency of goals,
A.Infants must be provided with cribs or padded playpens,regardless objectives,and activities.Every program shall provide a minimum of equipment
of type or duration of program. and materials.
B. Toddlers and preschoolers under the age of five years who are in Reason: To fit the developmental requirements,cultural background, and
i programs lasting more than five hours shall be provided with Dots, characteristics of each child, day-care programs should consider. health and
C.Children older than infants who arc in programs lasting less than five nutrition needs,need for security,need for freedom,need for structure,need for
hours shall be provided with washable mats or rugs for taking rests. compassion,and need for challenge.
mug be provided with Every child needs individualization and freedom of choice,as well as whole-
D.A child sleeping more than four to five hours mua bed, cot, or crib (depending on ability). The bed, crib, or cot shall have a gTQllp activities Needs change as the child grows and develops,
mattress, safe mattress protector, and coverings. Pillows may be provided for Satisfactory compliance
children one year or older,according to individual need. A.A written program plan that can be implemented and is observable
E.Cribs,cots,or playpens must be so arranged that there is easy access shall be available for review by the department.The program plans/mil show how
the program intends to meet the physical, intellectual, emotional, and social
to each child and accessibility of exit is maintained
F.A crib must be of adequate size for the child's height Crib mattresses needs of every child.The program plan shall include appropriate ethnic,linguis-
sltall be cover tic,and cultural variations,
G.Sheets,pillows,and blankets must not be interchanged and must be B.The program shall submit a schedule of routine daily activities
kept clean at all times.Bed linens must be laundered at least once a week or when C.The group day rare center shall organize an environment indoors and
soiled or wet Blankets,mattress protectors,and pillow protectors shall be lawn- outdoors that provides a wide range of materials to meet the varied developmen-
dered when a new child uses the bed, tal levels and cultural backgrounds of children,such as
H. Beds used by members of the household must not be used by the (I)construction;blocks,sand table,workbench,water play,trucks,
children in the center. rongtruction sets;
I.Cribs shall not be stacked. (2)dramatic play:playhouse,puppets,phones;
Subp, 12.Facility egaipereut and fern/tare.All equipment and furniture must (3)art:easel, paints,chalk,crayons,clay;
be designed for the age group and be substantial,easy to clean, and free from 4
sharp points or corners, splinters, or paints that contain lead. The facility and beads, matching ponder play: flannel boards, chalkboard, pegboard, puzzles,
equipment must also be kept in matching games;
1 good repair,with no peeling paint and fret from (5) science learning:plants,ant
debris and litter, animals, magnets,guars;
Reason: Children have certain developmental (6)library:books,audio-visual materials;
facilitated by use of p requirements that can be (7)music: rhythm instruments,tapes, records;
y equipment and furniture designed for their age group.The
health and safety of the children must be protected by an environment and (8) place be alone: a corner or chair where a child can be by
equipment that allows exploration without undue danger. himself;and
Subp. 13.Outdoor play.Outdoor play area of at least 75 square feet per child (9) physical development: climbing bars, balance bars, tumbling
and no less than 1.000 square feet per program must be provided• mats,tunnels for crawling.
Reason:Good child education requires adequate mom to engage in large- D.The program plan shall include both indoor and outdoor activities.
muscle activity under safe conditions.Outdoor space isalso appropriate for other I~An inventory of minimum a quipment shall be submitted as specified
learning activities. in parts 9545.0640 and 9545.0650.um am us iim no nil am MN Ell OM NM MI IMI OM
an OM 1111111 1111111 � ., ;w(: I� it I ; ,' � �ux�ti` 'l �" � i . J ■
-a) car
95•;5.0554 LICENSING OF FACIL # i
I'1'I1ES FOR CHILDREN 8840
Subp. 2.Personal space. 8841 LICENSING,OF FACILITIES FOR CHILDREN 9545.0560
pace.There shall be open shelves for play materials and
books,and individual space must be provides open shelves
h child's clothing and other i.Toilet training shall be undertaken when
personal belongings child's age and stage of development_ g appropriate according to a
Subp. 3. Communication with "'� j parent's plan.Children shall b Bred frequent o be in cooperation with the
parents.The censer shall establish and main- p 4 opportunities for toileting.
taro continual communication and exchange of ideas and information between I. Children unable to wash their own hands and faces shall have their
the staff and parents. hands and faces washed before meals and after toileting.
Reason:Primary responsibility for a child's health,well-being,and develop Training chairs shay be washed before meals and after each use.
merit rests with his parent-Day-care staff r a chit t work cooperatively with parents. -
Satisfactory compliance: The center must provide evidence of compliance I- Children under 2-1/2 years of age shall have a separate area and
with the following program from older children.
A. The child's record shall show that planned conferences have been M. Before admission, the director shall obtain information about tree
,t child's eating, sleeping, toileting, communication, and comforting habits and
offered to parents in the center or at home. Conferences must be offered twice nce�
each year for children two years of age or older, and at least once every two
months for children under two. N. Space used by children sleeping in cribs shall be separate from
B. Every center shall have a written plan on file for activities that will playrooms or classrooms.
i Subp. 5. ;Yaps_ Naps and rest in a group day-care program must meet the
keep parents informed and encourage parent input needs of the child and the wishes of the
Subp, 4. Flexible programming.Centers serving parents.
provide for flexibility to ro children under 2-112 roust Satisfactory compliance:
contact each day. Y P programming.Fart.child must have individual A.Each child shall be provided
Pers°na! opportunity for enough sleep for his age
Reason: A young child needs prompt attention to his needs to encourage at regular hours under conditions conducive to rest.
communication and build trust Personal contact is needed to build B.Sleeping arrangements shall be so made that no child is deprived of
skills,encourage consistency of handling,foster a warns relationship,and perceptual l sleep or has it unnecessarily interrupted.
a series of observations on the child's progress
C.Quiet activities shall be provided before bedtime to aid relaxation for
Satisfactory compliance:
sleep.
A. Each infant shall be held during bottle feedings until he is able to Subp.G_Abase 3rotiibited No child shall be subjected to corporal or psycho-
Satisfactory
hold his own bottles Bottles shall not be propped.
logical abuse by staff.
B. Each child shall be held,cu p Piled, Reason: Although families differ in their approach to discipline,
dolled, and played with each day, threatening methods are not appropriate for nonfamily member . Compliance
C. Each child's attempts to communicate shall be responded through fear is not the goal of discipline.
shall talk to and listen to each child to.Staff
Satisfactory compliance:
D.Infants and toddlers shall be allowed freedom of movement during
a large pan of their waking day,
A.Methods of discipline used by the center shall be discussed with each
child's parent at the time of enrollment.
(1)The noncreeping infant shall spend part of each day on a clean B. No child shall be handled roughly, such as shoving, hair pulling,
carpeted floor or large blanket, ear-pulling,or shaking by staff.
(2)The creeping infant shall have freedom to explore outside of crib C.No child shall be hit in any way,such as slapping,
or playpen A crib or playpen shall be used only for sleeping by staff piling,spanking,or kicking
of time. During the infant's waking hours, a or for short periods
infant can watch others. Several hours each day Sj shall be placed where the
D. Isolation and exclusion time shall be geared to age of child, not to
or la spent outside the crib exceed ten to 15 minutes,Ifa child is isolated,the room must be well-ventilated
P playpen.
and well-lighted and within sight and hear;
(3)The toddler shall be allowed and encouraged to move about, isolated in a locked room or closet. rig of an adult. A child shall not be
explore,and handle safe objects
E. No child shall be humiliated,shamed,or labeled_
E.Each child shall be provided with materials and equipment that will F.A child shall not be punished for
foster his development physically, mentally,socially,and emotionally_(See part lapses in toilet training
foster 650.) G. Meals and snacks shall not be used as a form of punishment.
F.Feeding time shall meet individualized needs of children,
H. No discipline shall be delegated to another child.
G. There must be a flexible Subp. 7.Molts with children at meals.Adult care givers shall be seated with
shall be kept dry plan for diapering and toileting.Children children at snack and meal times.
pt ry and comfortable at all times.A complete change ofclothing shall
Statutory Authority MS s 245.802 subd 1
be brought from borne to be used as needed.The child shall be changed in his
s�`
crib or on a table with a change of covering between each diaper change.Staff HEALTH,
members shall wash their hands after changing each child.Before being di
the child shall be washed with a separate cloth or towel, g wed, Subpart 1,Duties of health and The opmentofchil program shall be r
ble for observation of health and development of children,handling ills at the
H.An adequate supply of clean diapers shall be available. Diapers may center,accident prevention and emergency
be provided by the parent. When diapers arc complete,and informing cy Procedures keeping health records
be single-service and d provided by the center,they shall !;parents about community resources.
disposable.Diapers shall be stoned in a sanitary manner. Reason: Health promotion in young children iris
accurate record in and regular observation,
keeping, systematic follow-up.
•
m ,
. Iy i
9545.0560 LICENSING OF FACILITIES FOR CHILDREN 8842 j S&43 LICENSING OF FACILITIES FOR CHILDREN 9545.057G
Satisfactory compliance: J i
A.The director may Satisfactory compliance:
y perform the specified activities,or he may delegate I A. The center shall obtain written permission from the child's parents
these duties to another paid staff member. rior to the administration of any medication,
B. The person responsible for health shall demonstrate skill in record r p Y prescription or nonprescription.
keeping,communication of health policies,and referral to community resources 4. a l with bons shall m be kept in their original containers bearing the
original label with legible information stating:
within one year after licensure. ea- t (1) prescription number, -
Subp. 2. Consultation.Continuing health consultation shall be sought from ,, e (2) name of drug;appropriate appropriate private or public community resources to assist in developing health (3) strength and quantity of drug;
policies and keeping them current;to assist in screening,referral,and follow-up (4)expiration date of any linen dated drug;
procedures;and to provide advice about children with special needs.
Satisfactory compliance: (5)directions for use;
3. All programs shall seek regular consultation with a physician. or (6)child's name;
public health nurse. A. physician shall at least be available as an emergency (7)physician's name;
resource during the hours of operation. , . i (8)date of original issue or, with a refill, the most recent date of
B.If infants under one year of age arc cared for,the program must have • issue;and
monthly consultation with a public health nurse or a registered nurse with (9)name and address of the licensed pharmacy issuing the medica-
training or experience in infant care. The program must operate under health tion.
policies approved by a physician. ' C.Any drug container having a detached,excessively soiled,or damaged
Subp.3.Health statement.The center must require a health statement signed label shall be returned to the parent for relabeling at the issuing phamaacy_
by each child's source of medical care_The center may request that a child have D.The contents of any drug container without a label or with an illegible
a new physical examination. label shall be destroyed immediately.Any unused portions of prescription drugs
Satisfactory compliance: remaining in the facility shall be returned to the parent or destroyed by the
A The center shall have on file the name and address of each child's licensee by flushing them into the sewer system and removing and destroying the
source of regular health supervision and a health care summary(sec part 9545.0660) labels from the drug containers
•for each child. E.Medimtiom having a specific expiration date shall not be used after
the date of expiration.
B. If a child's health care summary is not complete at the time of F.Medication must be stored out of the reach of children or under lock.
enrollment or within 30 days after enrollment,the child shall be excluded from G.The parent must be informed when any medication is given
the program. Snbp.6.First-aid kit.A ten-unit first-aid kit and directions for its use must
C. If a child's immunizations are not up-to-date at the time of enroll- be available.
ment, evidence of a plan to get them up-to-date must be on tile at the center
within 30 days after receipt of the child's health care summary,or the child shall Satisfactory compliance:The following minimum first-aid supplies must be
be excluded from the program_ available and accompanied anied by directions: band-aids, sterile bandages, sterile
D. If a tuberculin skin test or X ray is positive,evidence of satisfactory compresses,adhesive tape,magnifying glass with needles and tweezers for remove /t.'4
treatment or follow-up must be recorded ing splinters,soap(with water)for cleaning cuts,abrasions,etc.
E.if parents of a child object to medical examination or treatment on Subp.7.for th Towels or air dryers. Paper towels,roller towels,or air dryers must
grounds of their religious beliefs, the child's record shall contain a health care , ' be pSubp. l for the children's ease
summary completed by the parent and a statement signed by the parent indicat- Subp.8.Toilet shades.have programs sown clearly providing idingsleep oot br four o fib, hours
ing their objections to medical examinations and treatments on grounds of or nmore,cloth.child east have ads own clearly indface cloths must comb,towed_
religious beliefs. and face cloth. At least twice a week towels and face cloths must be laundered_
Soap and toothpaste shall be provided.
Subp. 4. Written health policy.The center shall have a complete, written Subp.9.Dirty diapers.Soiled diapers shall be kept in a closed container.This
policy on illness and emergency care,accidents,first aid, and exclusion of sick container shall be cleaned daily and shall not be accessible to the children.
children.All staff must have training in the administration of first aid. Subp. 10.Toiletiog.Preschool children must be monitored in washing their
Satisfactory compliance: hands and toileting.Children shall be encouraged and helped to keep themselves
A. At the time of registration, the parent must be given a copy of the clean.They shall receive specific training in personal hygiene.
policy on emergency and illness care and exclusion of sick children. Statutory Authority:MS s 245.802 subd 1
B.A plan must be made with each parent about emergency and illness
care that shall include the information specified in part 9545.0590. 9545.0570 NUTRITION.
C.Any important infections or communicable disease must be reported Subpart I.Balanced meals.A group day center must provide or ensure the
to all parents. availability of adequate and nutritious meals and snacks appropriate for the ages
Subp.5.1�Itdicatiens.When a child is to be given oral or surface medication, and needs of the children served. Each regular meal must provide one-third of
written instructions by a physician or dentist must be provided, and written the child's be provided vid dod needs.for One meal and two five thor rough two mealsandona mini-
authorization to administer medication must be given by a parent. Medication mum be provided daily for each d child in children five care nine eight re hos s nl ss
must be labeled,stored under lock,or out of the teach of children, rnum two meals must be offered to children in rare nine or more hours unless
- - Ma IIIIII 1111 IN 1111111 MN - • - ad or jf the hours ant in . _ -
IMO M MI I MI 11111V- -1111111- 11111 MIL -ate s
. - i
:) r'`
95454570 LICENSING OF FACILITIES FOR CHILDREN 8844 4 8845 LICENSING OF FACILITIES FOR CHILDREN 9545.0580
Reason: Balanced nutrition is basic to health. Eating habits and attitudes -;;'S:; B. The sources, preparation, handling, and storage of formula, milk,
about food are formed in the early years. Eating should be a pleasant social , ' 'a.•. solid foods,and supplements for children under one year of age shall be approved
experience,and staffshould eat with the children.Children should be encouraged k by a physician.These policies and procedures,signed by the physician, shall be
but not forced to eat_ 1 kept on file at the center.
Satisfactory cxirnpliance: C.The parent shall be informed daily of the amount and kind of food
A. The current USDA daily food guide shall be utilized in planning intake of the infant.
adequate quantities of the basic four foods appropriate for the age of the child • 's D. Each infant's feeding schedule shall be available to stall.
(see part 9545.0670). Ethnic food shall be included where appropriate. 4e�. Subp.6.Water,Drinking water shall be available to children and offered at
B. The daily food guide shall be used as a pattern not only for hot .. frequent intervals.
lunches served at the center but also for cold lunches and lunches brought front Satisfactory compliance:
home. These are acceptable when parents are informed about nutritionally A_Water bottles for infants shall be prepared,packaged,and identified
adequate lunches.The center shall provide supplements to bag lunches as needed for each individual infant. Each bottle shall be stored and handled to protect
and proper refrigeration. against contamination.Each infant's liana'need for water shall be recorded,as
C.Snacks shall include a beverage plus one or more of the following raw• - ' given by the infant's parent,on the individual enrollment form.
vegetables,cheese,cereal product,or fruit Snacks must be provided at suitable B.Drinking water for toddlers and older children shall be provided in
intervals and served at least 1.-112 hours before meals. i individual drinking cups or approved drinking fountains.
D.The admission interview shall include information about food habits Statutory Authority:MS s 245.802 subd!
and practices,food likes and dislikes,and cultural patterns of food selection and
preparauon that may be used by the staff in serving foods. 95454588 SAFETY.
Subp. 2.Mena planning,Menus must be planned in advance for a cycle of _£," Subpart 1.Prevention procedures.Every child care center shall have written
at least one month,posted for parents'information,and reviewed for nutritional accident prevention procedures based on common causes of accidents in the age
adequacy at least once a year. ..
Reason: Cycle menu planning saves time and results in more carefully Satisfactoory compliance:
planned menus, better cost control through improved purchasing,better nutri- - A. At least twice a year a staff member shall inspect the center for
tionally balanced and more varied menus, easier advance planning of work - hazards.All hazards shall be discussed with staff and corrected,where possible.
schedules, and more uniform and better food preparation. When menus are -`' t procedures shall be devised to prevent accidents and eliminate hazards.
posted, is know what foods are served,eliminating duplication of menus B. Fire prevention precautions shall be Consistent with the State Fire
Subp.3.Food preparation.Group daycare center personnel shall understand _ � 'g C°de'
personal sanitation and methods of handling, preparing, and serving food in a C. Written procedures for injury, u prevention shall include at least
safe and sanitary manner.The preparation of food by children must be carefully - poisoning,aspiration and choking,injury,burns, and pedestrian accidents
supervised.The program shall comply with the provisions of applicable state and minor Accident reports or an accident log must be kept ed all accident
local food ordinances.
except minor scratcies and abrasions.Reports should be analyzed at least noun
Su 4. Special diets. Consideration must be ally and procedures adjusted to prevent recurring accidents.
Subp. given to the modified or .X
therapeutic diet needs of children as prescribed by sourev of health care. " E.Staff shall have a practical understanding of at least the center's safety
`"" procedures, special. hazards, and common accidents occurring at the center.
Satisfactory compliance: � •• 4 g
A.The diet orders must be filed and the enure staff informed of the diet detailed instruction in evacuation procedures, use of the fire extinguisher,and
how to report accidents.
restrictions. F.The person in charge shall know where the fuse box is located,and
B.The director must check with the parents about the length of time the how to pull the main electrical switch.
child is to be on the diet. 'Ilk C.The diet plan is to be carefully followed by obtaining the consultative Subp• 2• Emergency procedares. Centers shall establish procedures to be
P Y Y g .: followed in case of emergencies or accidents.
services of a qualified nutritionist or dietitian to interpret the diet orders as .,r- Reason:Advance planning is necessary to ensure safe,efficient actions in a
needed. ,,;
D.For the child requiring a rigid diet because of severe diabetes,sodium period Satisfactory emergency.compliance:
restriction,ketogenic, p yi ria,food must be brought A Satisfactory coipliance
n, teenic, or hen ketonu ught front home. A.Procedures for fires,tornadoes,
Subp.5.Infant diets.The diet of an infant shall be determined by the child's ---44.1', oes,blizzards,mi illness on staff,accidents,
parents in consultation with their source of health care. y breakdown of transportation,power failure,and missing persons shall be deter-
mined.Where appropriate,plans for emergency shelter of children and staff must
Reason:Nutritional adequacy and sanitation are the two"musts"of infant _. be designated_
feeding. :,• B.All staff and children shall participate in monthly fire drills based on
Satisfactory oornpliancm ,,�'V?, ° fire evacuation procedures.
A.Formula or milk and solid foods,including vitamin and iron supple- .`- { C.Written plans for fire emergencies shall show primary and secondary
menu, must be fed in prescribed quantities and at specified time intervals. ) exits.Plans shall include details of rescue of children,contact of fire department,
w.:.....,,,t:.. :...ti....a:....e°t„"M„1,t,i„,.,t f,,, the xwrent and closing-off of fire area.in that order of priority.
v.s 8847 LICENSING OF FACILITI1rS FOR CHILDREN 9545.0600
9545.0580 LICENSING OF FAC LrITIS FOR CHILDREN 8846 j i
I.written permission for the child to participate in activities not sport-
. ,
Subp. 3. Fire extinguishers.Centers must be equipped with the number of saved by the center(permission must include type of activity,location,dates,and
fire extinguishers determined by the state fire marshal. Extinguishers must be In times of the activity) and
working order and checked annually. t K.special diet needs.
Subp 4. Electrical outlets.All electrical outlets must be covered or protected • t Subp.3.Cornrrnnication;green parents and care giver.Admission policies
when not in use, tx anal procedures must ensure initial and continuing communication between the
Subp.5.Telephone.Every facility must have a noncoin-operated phone that i ' family and the facility to assure compatibility in their mutual responsibility for
is readily accessible. a the child's welfare.•Subp. 6. Emergency phone numbers.A fist of emergency numbers shall be Satisfactory compliance: •
prominently posted by the telephone:police,fire, doctor, ambulance, hospital. 'FS ~ '
Subp. 7. Emergency p A. a plan for admission of the child that includes a preadmission
9• �ency transportation.The center shall make arrangements in conference with parent and child;and
advance for emergency transportation. B.a plan for continuing contact between the parents and the center,part /�i�
Subp. 8. Protection of hot surfaces. Radiators, fireplaces, hot pipes, steam 9545.0550,subpart 2. 1
radiators,and other hot surfaces shall be protected by guards. Stalntory 4.xtharitf:M5 s 245.802 suiid 1
Subp.9. Ilaurdous materials or tools.Sharp scissors,knives,matches,and
other potential hazards to children shall be stared out of their reach.The use of 9545.0600 STAFF.
potentially hazardous materials and tools by children shall be supervised. Subpart 1.Qualifications.Each staff person must be appropriately qualified
Subp. 10. Stairways. Stairways used by the children shall have reachable through training,experience,and personal qualities for the age group and cultural
handraiiings. background with which he works.Note: For an explanation of the term "child
Statutory Autbarity:.tlS r 145.8112 subd 1 development training course"used in this part,see part 9545.0520.The qualilicat-
ions indicated for staff positions relate strictly to group day care positions and
9545.0590 ADMISSIONS, do not imply certification by the State Department of Education. '
Subpart I.Policy.Each program shall have an admission policy that specifies Reason:The relationships that a child develops with important adults are
the age range of children being served: considered as vital for his emotional security, intellectual development, and
A. infants: six weeks through 15 months; health psychological growth.
B. toddlers: 16 months through 30 months; Satisfactory compliance:
C.preschool: 31 months through five years; A.Director:(of all programs)person or persons responsible foradminis-
D.primary: six years through eight years;and tration of a program must have administrative and supervisory experience or
E.intermediate: nine years through 12 years capability as well as knowledge of pmgrant, staff relationships, and day care
Subp. 2. Decisions aztde operations.Administrators with teaching duties must also possess the qualificat-
P by rare giver. Admission procedures developed inns of a teacher.The director shall be at least 18 years of age and shall be a •
musrprovide the care giver with sufficient information and instruction from the mature responsible person.
parent to enable the care giver to make decisions or act in behalf of the child's B. Teacher:alternatives for
welfare in the absence of the parent qualification.
Satisfactory compliance:Prior to admission of the child, the care giver shall Child eveAccredited
obtain written information from the person or persons legally responsible for the Child Der
evelopment
Training Courses or
child covering the following items Training Experience Hours
A. the child's full name,birth date,and current address;
B. the name and address of the parent or parents. or of the person(s) (l)Postsecondary PLUS PLUS
legally responsible for the child; certificate in One Year(1560 I course
C.telephone number or instructions as to how the person(s)responsible Child Development hours)Assistant or
for the child may be reached when the child is in the day care program; Assistant Training Teacher"' 30 hours
D. names of persons authorized to take the child from the day care Program(minimum
facility and their address, and persons not so authorized; of 1080 hours)
E.name,address,and telephone number of the health care source to be (2)(no requirement) PLUS PLUS
called in case of emergency; two years(3120 3 courses
F. names, addresses, and telephone numbers of person(s) who can hours)as or
assume responsibility for the child if the parent cannot be reached in an emergen- Assistant 90 hours
cy; Teacher'
G.health statement and immunization data as specified in part 9545.0560; OR
H.signed authorization to the effect that the parent gives permission to (3)BA or BS in PLUS PLUS
courses or
the center to act in an emergency situation when the parent cannot be reached any field from an '= 6
cc is delayed in arriving; accredited college * 180 hours
I.written permission for participation in specific or university
(May be included
research,experiments-
do p i r r r as r r r r r as as r r r r r .
'
. J. ,... ,•''' :1- ; �t 4 ` "' '{{',a771 r N p ,v` N i ,..ix V . ,,yt " rli1 ,pa,,•,t�•,t,{" J r aY �' E, �7 6•
• i1 1,r" '' , ' ';' 1■, v .4,. '4.y,i _ r ' ,, ,,,.-
f C
9545.0600 LiCENSLNG OF FACIE.TTIES FOR CHILDREN
8848 8849 LICENSING OF FACILITIES FOR CHILDREN 9535.4600 •
i
oli
as part of BA or education or '
OR BS degree) OR 90 hours
(41A degree in Child PLUS (no requirement) i (4)Infant-Toddler Six months(780 PLUS
Development or Nursery ** • i Only hours)with infants 3 courses
Kindergarten Education and/or toddlers or
from an accredited A as a licensed 90 hours
college or university #
OR
Fancily Day Care •
(5)Certification by PLUS (no requirement) Provider or a -•
Group-Family
the State Department ** Day Care Provider
�; •
of Education for , `!
OR
Nu ORry School (5)School-Age Only One year(1200 (no requirement)
hours)in a
(6)Compliance with (no requirement) (no requirement) related field(e_g_,
the competency level playground
requirements of Child leader,tutor,
Development Associate student teaching,
OR teacher's aide)
(7)Infant-Toddler Three years(4680 PLUS **Infant-Toddler Only-150 hours of experience in an infant and/or toddler
Only hours)as a 3 courses program.
licensed Family or D.Teachers and assistant teachers employed on the date of promulga-
(no requirement) Day Care Provider 90 hours lion of these standards must comply with one of the alternatives for qualification
or Group Family within three years after that date.
OR Day Care Provider E. Child care assistant(child care aide)for all age groupings:
(8)School-Age Only (no requirement) (no requirement) (I)The following alternatives are available for qualification:high
Certification by the school vocational child care training course,or orientation training course in the
State Department of center.
Education for Elementary (2)The child care assistant must be at Ieast 15 years of age.
or Secondary Education F.Volunteers for all age groupings:To be counted in the staff-to-child '
"Infant-Toddler Only-Three months(480 hours)of required experience ratio,volunteers must:be at least 15 years of age; participate in an orientation
must be in an infant and/or toddler program. to the program;participate in any in-service training given to paid staff by the
*School-Age Only-Six months(600 hours)experience in a related field(e.g., center.
playground leader,tutor,student teaching,teacher's aide). Subp.2.Staff training.Staff development training for all regular administra-
C. Assistant teacher.alternatives for qualification. tive,teaching,and support services staff members,including volunteers,must be
Number of Accredited a part of every center's educational program.
Child Development Reason: Proper preparation and continuous training of the total staff will
Training Courses or f' better ensure development and maintenance of high-quality day care services.
Training Experience Hours Satisfactory compliances
(I)Postsecondary PLUS (no requirement) A.Each center shall be responsible for working out a plan with each staff
certificate in Child ** ( ) person with direct teaching responsibilities or direct responsibility for supervi-
Dcvelopment Assistant sion of that staff,e.g.,director, for a minimum of the equivalent of two percent
Devel n Pr ram of his/leer work hours to be spent in staff development
g oK
(minimum of I080 hours B. This training can be provided by individual centers, a sponsoring
1)R agency, community sources, local school systems,professional groups,colleges,
(2)(No requirement) Six months(780 PLUS universities,or area vocational schools.
hours as Child 3 courses - C.All other administrative staff,volunteers not counted in staff ratios,
Care Assistant or and support staff, e.g., cook, bus drivers, must receive an orientation to the
(Child Care Aide) 90 hours program including appropriate licensing standards within the two weelz. of
or Student employment.
Teacher Subp. 3.Qualifications of other personnel.All personnel in regular contact
OR with children, including volunteers with drivers,shall be physically, mentally,
(3)Two years of PLUS PLUS and emotionally competent to care for children and free from serious communi-
cable disease-.
postsecondary *0 3 courses
,w
t"1Y r
4515.0600 LICENSING OF FACILITIES FOR CHILDREN 8850 'y'
3. t 8851 LICENSING OF FACILITIES FOR CHILDREN 9545.0600
Satisfactory compliance: Pre-School: 31 months through five years. l''
C.
A. References must be required by the director from all child care staff ?'. Staff Ratio: one to ten 6)
relating to their ability to care for young children. ?' : Group Size: no more than 20 children in an activity group.
B. Prior to employment, the paid employee must submit a statement c Fri:^. Staff Distribution: one teacher for every 40 children, 0)
signed by his source of medical care and based on a thorough examination within _ .}.
three months. Statements must be submitted every two years thereafter. t 0)
.� one teacher or assistant teacher for
C. All staff must submit evidence of freedom from tuberculosis before every group,
employment and annually. i +, r
D. A probation period must be set for new employees, during which -4 I child care assistants and volunteers ,--,
physical,mental,and emotional competence to care for children is evaluated and K sr- as needed to meet staff ratio.
discussed with the employee by the employer. - Note:There shall be no more than ten 2-1/2 year olds in any activity group
E.Employees with communicable disease presenting an important health of 20 children. -
hazard to the group shall be excluded. D. School-Age: six years through 12 years. P111441 CI
F. No person shall be hired or retained as a staff member, paid or Staff Ratio:one to 15.
volunteer, who has: Group Size: no more than 30 children in an activity group.
(1)been convicted of or admitted to or been the subject of substan-
Staff Distribution: one teacher for every 60 children,
fiat evidence of an act of child battering,child abuse,or child molesting, one teacher or assistant teacher for i,
(2) used alcohol or drugs such that its effects are apparent during , every group, !i
working hours that children are in rare;or +
(3) been convicted for or admitted to any felony or any offense - child care assistants and volunteers
involving moral turpitude. - rt as needed to meet staff ratio.
Subp.4.Staff ratio.Staff ratio must be met and maintained by operators of ,;t Subp. 5. Personnel policies.Each center with more than one staff member Z
all programs: appropriate distribution of staff shall include a team that has must set personnel policies-relating o health, working
individuals with competences of a teacher, assistant teacher, and child care $ ng conditions, in-service ;�
training,probation period,evaluation,sick leave vacation,benefits, and Sala
assistant. Volunteers under supervision tray be counted in the staff ratio. The - increments. Policies shall comply with a ry H
staff member must be with the children to be included in the staff-to-child ratio_ p Y appropriate state and federal laws.
Reason:It is important that there be a clear understanding between adminis- i''
Where there arc children of different a in the same group, the ratio for the oration and staff about the work situation and the responsibilities of both the
youngest age group shall prevail. Janitors and bus drivers shall not be counted administration and the staff member.
to the staff ratio when performing these duties..
r
Reason: The h administering performing
agency must ensure that capable staff in the Satisfactory compliance:Each center with more than one staff member must
recommended ratio is always present and is capable of providing for health and have a written statement of personnel policies This statement shall include: <;
safety of each child and that each member of the staff has a clear understanding A. policies in accordance with fair employment laws and regulations; `'
ofhis responsibility as explained in orientation sessions and provided in a written s- B.job description for all staff;
form. - C. description of probation period and method of staff evaluation; '-`I
Satisfactory compliance: t�+
A. Infants: six weeks through I5 months. D. a clearly defined in-service training program;and
Staff Ratio: one to four. E.policies on hiring,firing,promotions, and salary increments. :e
Group Size: no more than eight in an activity group. 4J I Subp.6.Staff ratio during naps.In centers providing sleep care of four to five N
Staff Distribution.: one teacher for every 16 children hours or more, staff ratios specified in subpart 4 shall be maintained until the
+ r children arc settled for sleep. While children are sleeping,a minimum number
one teacher or assistant teacher for a-. of adults must remain awake and available to the children throughout the sleep
every group, :,p, period.
+ "Oel Satisfactory compliance:
child care assistants and volunteers A.one adult for every four sleeping infants but no fewer than two adults
as needed to meet staff ratio. for the center;
B. Toddlers: 16 months through 30 months. B.one adult for every ten sleeping toddlers but no fewer than two adults
Stall'Ratio: one to seven. - for the center,
Group Size: no more than 14 children in an activity group.
Staff Distribution: one teacher for every 23 children, C. one adult for every 20 sleeping preschoolers but no fewer than two
+ adults for the center,and
one teacher or assistant teacher for • D.one adult for every 25 sleeping school age children but no fewer than
every group, - two adults for the center. ['
+ ewe, Subp. 7.Substitute staff.The director shall make arrangements in advance .
child care assistants and volunteers for substitute staff.
as needed to meet staff ratio. r Statutory Authority:MS s 245.802 subd I
NM NM - MI MI OM - NM , MN IN NO MI r ■s IN MN IS
IIIIII NM 11111111 NM MI MI Mil IIIIII AM • 1111110 - MI MI- -11111 MI 11111111.-----1111111-----11111111---1111111-
9545.0610 LICENSING OF FACILITIES FOR CHILDREN 8$52 .�"'�"' -
''.'` 8353 LICENSING OF FACILITIES FOR CHILDREN 9545.0610
9545.0610 ORGANIZATION AND ADMINISTRATION.
Subpart 1, Written policies, A group day-care I A.daily attendance records for children;
Program shall have written B. current staff records containing, as a minimum, identifying and
policies available for inspection by the department.These policies shall he made
available to parents and staff members emergency information, health clearances, education, experience, and current
Reason Established policies and procedures facilitate consistency and pro-d training,and terms of employment;
mote understanding. C.current record for each child containing information specified is part
Satisfactory compliance:There shall be written policies covering the follow- I 9S45.t1590,subparts 2 and 3;
ing areas r D.list of all current staff tnembers;
A. the type of program offered to children and their %,-. . E.list of available substitute stab;and
parents' F. staffing pattern showing staff-to-child ratios during hours of opera-
B. the ages and numbers of children in each age group to be served; -
C. hours of operation; ion
D.days of
operation; -'"„ ■ Subp. 5.Transportation of children.When transportation is provided by a
tperation; group day-care center, children must be protected
E. meals and snacks to be sere P by properly operated and
served; maintained vehicles, adequate staff supervision, licensed drivers,safety precau-
tions, till
F.provisions that can be made for special needs of individual children; and provision for liability insurance and for adequate medical care. ' l
Reason:A group of young children,particularly when infants and toddlers
G.admission requirements and enrollment procedures;
H.affirmative action plan; are included, traveling together in cars or buses, presents a special hazard that
L plan for parent information; is different from that of school children or of the normal passenger traffic that was
1. plan for substitute staff; in the development of protective laws on transportation in most
states, For the children's safety,it is therefore important to require additional
Iv insurance coverages; n provisions appropriate to the age and development of the children.
L.procedures for the handling of sick children; - Satisfactory compliance:
M. provisions for illness and emergency car A.Vehicles must have standard equipment and be in satisfactory oper-
N,accident prevention pia educes; ating condition. Each vehicle must have a fire extinguisher and a first-aid kit.
N. requirements about personal belongings brought to the center, B.All drivers must meet requirements for a Minnesota Department of
P.transportation arrangements; Public Safety Class C driver's license,permitting transportation of nine or fewer
Q.permission for trips;
children.(Information is available front the Drivers License Division, Depart-
meat of Public Safety,Saint Paul,Minnesota.)
R.personnel policies;and y
S.fees and the plan for payment C. If infants or toddlers are transported,there must be a minimum of
one adult for every five infants and toddlers,in addition to the driver.
Subp.2.Legal responsibility and administrative authority.Legal responsibili- D. There must be at least one adult in addition to the driver in every
ty and administrative authonty must be clearly defined for every group day-care vehicle if five or more children are being transported.
facility. E.Each child
Satisfactory compliance: transported shall have and use a seat and a seat belt while
the vehicle is in motion.Infants shall be transported in special approved infant
toddlers in toddler seats,
safety sea
A. The name, address, and telephone number of the individual or ts:
governing body legally responsible for the center shall be supplied to the licensing F.Children and sponsoring groups must be protected by liability insur- p
agent ance,and provisions for adequate medical care must be made.
B.The legally responsible individual or group shall be held accountable G.A preschool child or a toddler may not be left unattended at the time
for. of pickup or delivery.
(I)determining and implementing policies; s H.Except in unusual circumstances,children are not to be transported
(2)the performance of the director of the grogram; more than one hour per trip.
(3)adequate financing to carry out the planned program; I. No more than three persons,including the driver, shall occupy the
(4)the adherence to all rules that affect the program and the facility; front seat of any vehicle.
and Subp, 6, Vans or buses.Satisfactory compliance for vans or buses:
(5)reporting any suspected instances of child abuse or neglect. A.Vehicles must have standard equipment and be in satisfactory oper-
Subp.3.Accident report Within 48 hours after the occurrence of an unusual acing condition. Each vehicle must have a fire extinguisher and a first-aid kit.
accident,such as the death or serious injury of a child,a report shall be submittexl B.All drivers must meet requirements for a Minnesota Department of
to the deportment. A serious injury shall be defined as one that requires the Public Safety Class B driver's license,permitting operation of a vehicle digncd
and equipped to transport more than ten passengers(Information available
hospitalization of the child. A report shall also be submitted following the
from
occurrence of a fire that requires the services of the fire department. Drivers License Division,Department of Public Safety,Saint Paul, Minnesota.)
Subp. 4. Records.A group day-care program must establish and maintain C. Anyone driving a van or school bus labeled"School Bus" or with
required records. All personal records must be kept confidential_ school bus sign uncovered,must have a Minnesota Department of Public Safety
Satisfactory compliance:The following shall be made available to the linens Class B driver's license with School Bus Endorsement (Information available
ing agent from Drivers License Division,Department of Public Safety,Saint Paul,Mrnne-
seta.)
•
9545.0610 LICENSING OF FACILITIES FOR CHILDREN 8854 8855 LICENSING OF FACILrI1ES FOR CHILDREN 9545.0630 '
D. If infants or toddlers are transported,there must be a minimum o€ Subp.4.Eralittticio o(ehild's progress.The progress
one adult for every five infants and toddlers in addition to the driver. duall be evaluated no less than annually by a udii consultant
t handicapped ch'Id
E. There must be at least one adult in addition to the driver in every, ' Statutory Authority:MS s 245.802 subd 1
vehicle if five or more children are being transported. j
F. Drivers and passengers must wear seat belts when the vehicle is 9545.0630 MINIMU QUIP LENT AND SUPPLIES IN LATCH KEY PRO-
equipped with them. Infants shall be transported in special approved infant GRAMS(FOR EV1 RY 20 CHILDREN).
safety seats,toddlers in toddler seats, Quality of equipment is to increase in proportion to licensed
G. A preschool child or toddler may not be left unattended at time of center. P �' capacity of
pickup or delivery.
Provisional License Regular License
H.Except in unusual circumstances,children are not to be transported (additional
spor
more than one hour per trip. x_ equipment and
1. No more than three persons, including the driver,shall occupy the Furniture: I. Sufficient tables and chairs supplies)
front seat of any vehicle. with backs(children's)(one
J.Children and sponsoring groups must be protected by liability incur- chair g
ance and provisions for adequate medical care must be made. perchild no t'oldin
chairs).
Subp.7.Insurance.Group day-care centers shall provide insurance coverae. 2. First-aid kit.
Satisfactory compliance:A certificate of insurance shall be obtained showing 3. Cot with blanket(ill child).
the following:
4. Cliairswith backs(for stalf).
A. general liability coverage for bodily injury ($100,000 person-,* y / 5. Low open shelves and bookcases
5300,000 per suit); (one foot per child).
B.automobile insurance,where trap 6. Space/equipment for maintenance
ter, including secondary coverage transportation is provided by the cen- of children's records.
B ry rage on automobile owned by staff member and 7. Individual space for outer
used to transport children ($100,000 per person;5300,000 per suit);and -
C.workers'compensation and unemployment insurance a g.
8. Area rug or carpet.
Statutory Authority:MSs 245.302 subd! 9. Equipment for a child's private
4.
9545 6620 GROUP DAY CARE CENTERS EIdS SERVING THE ED1 JCATIONAI� hide-away corner,e.g.,pillow,
LY OR DEVELOPMENTALLY"HANDICAPPED"CHILD, covered mattress,bedspread.
Subpart 1.Written permission taenrall.Written permission must be obtained
Active, 1. Four pieces of a variety of Six Pieces
from the licensing agent prior to enroilin handicapped P
g pged children. large-muscle recreation sports equipment,
Reason: Centers are encouraged to integrate handica play for exam
pped children into a (for indoors) a example:
group of normal children whenever feasible for the center and for the child equipment for volley ball,
The special needs of the handicapped child must be met."Handicapped"is Ping gong,basketball,obstacle
defined as involving a sensory defect,physical or mental deficiency,or emotional course,rope climbing,tumbling. /
disturbance. climber
Subp.2. Censaltation reenrollareat.The day-care balls
the assistance of a qualified consultant group stare center shall obtain s trampoline
ped child. prior to the enrollment of any handicap
S
iii
atisfactory compliance: Active, I. Four pieces of a variety of Six Pieces
large-muscle recreation and sports equipment,
A.The center shall have written program modifications based on the play: (for for example:
determination of the qualified consultant and the needs of the individual Nandi- outdoors) standard heavy duty playground
equipment
capped child.These program modifications shall be understood by program staff. '
B.Additional staff as recommended by the consultant shall be available. balls and bats
C.Modified equipment and supplies as recommended by the consultant
skates-roller and ice
shall be available, sleds,toboggans
D.Training of staff as revomnmeulcd by the consultant shall be arranged. Art and 1. Phonograph
E.Modifications of the physical facilities shall be made as recommended music 2. Records-at least ten at Records e 1
by the consultant and in conformance with the State Building Code. activities: 3. Materials for crafts-at at least 15
Subp. 3.Information about handicapped children.Prior to the admission of least six types at least
-
any handicapped 'pes-e.g.,tile, at least
Pped child,the group day-care center shall obtain information from
wood,clay,paper rttache,paint, 8 types
the parent, the physician, and the state or local education agency about any leather,foam,beads,shells,paper
special problems or needs that may affect the child's use of the program.Where
indicated,a psychological evaluation shall be made and be available to the center. , Dramatic Area for dramatic play opportunities
IIIII - - r - - -MN R - M - r - _ a MI r M
,
9515.0630 LICENSING OF FACILITIES FOR CHILDREN 8856 8857 LICENSING OF FACILITIES FOR CHILDREN 9545`0640
Play: equipped with: folding chairs)
L. Materials for cooking and 2.One cot per
woodworking. licensed capacity
2. Materials for theatre arts, i 3.First-aid kit
costuming,puppets,and durable 4.Cot with blanket
mirror. (for ill child)
Ponder Play: I. Materials and equipment for S.Chairs with backs
(for stall)
opportunities to: read,play 6.Low open shelves
games,cook,sew,experunent. -V and bookcases(one
2. Bookcs-one per child- Books-two foot per child)
3. Games-one per two children.
per one . - 7.Space/equipment ntea o
for maintenance of
4. Puzzles-one per child - children's records
perchild. 8. Individual spaces
S. Science items-one per every for outer clothing
four children,for example 9.Area rug or carpeting
magnet,magnifying glass,science =
set,plants Active, Large-muscle Play:(for indoors)
Expendable 1, Clay and playdolrg}t 1•Large{wiling I.Durable large building
supplies blocks(may be of blocks-at least 48
Tempera and finger paints(non-toxic)
- nondurable material) per every 20 children
3. Paper(colored and white)
at least 24 2._Three pieces of
4. Paste Colored and 2.Two pieces of durable large-muscle
5. Scraps-collage materials durable large-muscle equipment per every
6. Paint brushes equipment per every 20 children
7. Crayons 20 children such as:
3. Blunt scissors climber
9. Aprons or smocks racking boat
triangle set
Fine-motor I. Manipulative toys-one per tunnel
development every two children;e.g.,Erector 4-...t.':‘ walking plank
set,Lincoln logs Tinkerroys,pegs Active,Large-muscle Play:(for indoors)
and peg boards,interlocking plastic 1.Two pieces of I_Three pieces of
forms,building bricks durable large-muscle durable large-muscle
Language 1. Pictures equipment such as; equipment
climber
development 1 Bulletin board swing
3. Flannel board and flannel set slide
sandbox
Food service I. Dishes,silverware and cups large wheel toys
supplies: for snacks and/or meals. - Art and Music Activities:
Statutory Authority .115 s 245.302 subd 1 1-Phonograph 3.Double easels-are
9545.0640 MINIMUM EQUIPMENT AND SUPPLIES FOR PRESCHOOL ?- a xs-at for rack children
PROGRAMS(FOR EVERY 20 CHILDREN). 3.lea six b et six 4.Rhythm band
One double easel 2-Records-at least ten
Quantity of equipment rs to increase in proportion to licensed capacity of Dramatic Play:
facility. 1.Small blocks at
Provisional License Regular License Programs Operating ( Six small durable
� least 2tlt)pieces) transportation toys
(additional Less Than Four ?Three small durable per every 20 children
equipment Hours(exceptions transportation toys for block area
and supplies) permitted) per every 20 children 1 At least two
Furniture: for block area areas for spontaneous
1.Sufficient tables 2.Mats instead 3.One spontaneous dramatic play each
and chairs with backs of cots dramatic play area havin at least three
for children(one 8
chair per child-no with at least two pieces of equipment
pieces of permanent 4.At least one full
t
x
9545.0.640 LICENSING OF FACILITIES FOR CHILDREN 8858 111114 8859 LICENSING OF FACILITIES FOR CHILDREN 9545.0650,
equipment; length mirror
pretend area 5.Dress-up r clothes c 9545.0650 MINIMUM EQUIPMENT AND SUPPLIES FOR INFANT AND
work bench(woodwork TODDLER PROGRAMS(FOR EVERY 20 INFANTS AND TODDLERS).
and tools) ,t Quantity of equipment is to increase in proportion to licensed capacity of
housekeeping area; I facility,
e.g_,doll bed,stove, I i Infant Programs Toddler Programs
sun lc,refrigerator,
cupboard,etc Furniture: 1. Sufficient infant-sized 1. Same as furniture
4.Aecessories: N tables and chairs with for preschool
dolls,dishes,pots 0. backs for infants able •and pans `,•,..: i Program plus:
to sit alone
.
Ponder Play; ~i One chair per infant•,
I.Books-one per 1.Two per every child no folding chairs .
every child - 2. One crib with 2. Training chairs
2.Puzzles-one per 2,One per every mattress and blanket `
every four children two children per infant in 4
3.Cognitive games- 2a.Puzzle rack attendance
one per every four 3.One per every 3. Ten unitfirst-aid kit
children;e.g., two children 4. Crib with mattress and
number concepts 4.Science items;e.g., blanket for ill infant
letter concepts magnet,magnifying 5. Chairs with backs(for
shape concepts glass,pets,plants staff)
size concepts 6. Low open shelves and
color concepts bookcases(one foot per
Expendable Supplies: child)
1.Clay or playdough 7. Space and equipment for
2.Tempera or finger maintenance or
paints(nontoxic) children's records
3.Paper(colored and white) 8. Adult rocker
4.Paste(nontoxic) 9. Individual space for
5.Scraps-collage materials l outer clothing
6.Paint brushes 10_ High chairs
7.Crayons 11. Infant seats
.Stunt scissors 12. Baby walkers
8
8.Aprons-smocks 13. Bathing tub 13. Bathing tub
Fine-motor Development: 14. Changing table l4. Changing table
1.Manipulative toys 1.One per every with changeable with changeable
-one per every four three children covering covering
children;e.g.,pegs
15. Diaper pail with 15. Din
and pegboards,beads liners Diaper pail with
liners
and strings,inter t 16. Area mg or carpeting
locking plastic forms 17, Play pens
water play 1 8. Gates as needed IS. Gates as needed
2.Sand or
equipment for safety for safety
•
Language ur Development: Active 1. Large building blocks Same as preschool
2.Bulletin boards large-muscle muscle � � )of least 2 le programs
3.Flannel board and 2. Five pieces of durable 2. Five pieces of
flannel sets large-muscle equipment durable,
Food Service Supplies: for every 20 infants large-muscle
1.Dishes,silverware,
and cups,if meals i such as: equipment for
are to be served every 20
toddlers,such
Statutory Authority: MS s 245.802 subd I as:
' Baby bouncers Two-step slide
+ Large turning balls Rocking boat
t Body wheels Indoor gym
lin 11111 - MI - N - MI N ail 11111 r - r 11111 1111 - - MI
r.'-',:,-3,' ;.
y
9545.0650 LLCI��iSING OF FACILITIES FOR CHILDREN 8860 8861 LICE LASING OR FACLLTL IES FOR CHILDREN 9545.0670 V rd"
1
: 1
�
Riding stools house I PARENT(S)OR GUARDIAN
3. Large open plastic ball 4
4. Water play equipment Date of last physical examination:
How long have you been suing this child?
Art and music 1. Phonograph Same as preschool How frniuently do you see this child when he is not ill?
activities 2. Records-at least six programs Does this child have any allergies(including allergies to medications)?
•
3. Musical pull-toys Is a modified diet necessary?
4. Rattles Is any condition present that might result in an emergency?
4 S. Drum(without What is the status of the child's - Vision
sticks)
Fine motor 1. Matching and feeling Same as preschool ? Hearing
development: toys-one per every two programs Speech
children,such as: Please list below the important health problems.Indicate if you or someone else
plastic clutch to . i
mint toys • is following the child for the problem and check which problems require special
rattles attention at the center:
pull toys Important Followed Followed by Other Requires Special
V feeling balls r: Health Problems By You Medical Source Attention at
2. Manipulative toy"-one l
(name) Center
per every two chiren Immunizations and Tuberculin Test Records:
such as: *D(P)T 1st date 'Poliomyelitis 1st date
teething toys * 2nd date * 2nd date
wooden rattles * 3rd date * 3rd date
shape toys *Booster date *Booster date
clutch balls
*Rubella date Mumps date
Language 1. Pictures Same as preschool - 'Rubella date
development: 2. Bulletin boards prom * *Required
Linens and 1. For each crib: bumpers, Same as preschool Tuberculin Test
f supplies: sheets(cotton,plus programs date results
rubber and/or plastic), If positive, what are the plans for treatment andlor follow-up?
blankets
'' 2. Bath towels Are the immunizations up-to-date?
"• 3. Wash cloths 3. Wash cloths If not,what is the plan to bring them up-to-date? #"`'+�
4, Diapers 4. Diapers Other information helpful to the group-day-care center:
5. Cover(s)for changing 5. Cover(s)for Source of health care
table changing table
6. Sterile cotton balls Associates or clinic
7. Facial tissues 7. Facial tissues
,; 8. Soap 8. Soap Address
9. Petroleum jelly or 9. Petroleum jelly Date
bland diaper-rash or bland
ointment diaper rash Statutory Authority:41Ss 245.802 sub('1
ointment 95410670 DAILY FOOD GUIDE.
10. Rubber-bulb ear syringe
with blunt plastic or Foods Servings Average Size
rubber tip Per Day Serving By Age*
Statutory Authority:MS r 245.802 subd I
'x,0660 HEALTH CARE SUMMARY. MILK GROUP i to 3 3 to s 6 to 9
years years years
To be completed by health care source: Milk(pasturized,
NAME OF CHILD girth Date homogenized,and 2 to 3
fortified Vitamin D) servings (/2 to 1 1/2 to 1 1 cup
y• ADDRESS Telephone cup cup
9545..0670 LICENSING OF FACILITIES FOR CHILDREN 8862 8863 LICENSING OF FACILITIES FOR CHILDREN 9513.0780
Cheese and ice cream
9545.0770 APPLICATION FOR LICENSE.
occasionally Subpart 1.In general Persons desiring a license or a renewal of license of this
MEAT GROUPS type shall apply to the commissioner of human services The commissioner or
Meat,poultry,fish l to 2 1 to 3 2 to 4 4 to 6 his designee shall determine the competence oaf such persons to be licensed for
As alternates dried the purposes described in the application;and he has the authority to issue such
beans rn or servings tbsp. tbsp. {�3 license. In making his determination, the commissioner shall be guided by the
peas or (1 to 2 rules in this and subsequent
ounces ounces sooner sections.All licenses shall expire one year after date
of issuance unless sooner revoked.
peanut butter cooked) cooked) Subp. 2. Timing of application.Art individual or organization
I to 3 2 to 4 4 to 6 operate a child. wel c planing e
tbsp_ tbsp, tbs agency shall file an application for a license with the
Egg 1 I 1 1 p• corn reissioner at least 90 days before it begins to operate as an agency,on forms
provided by the Department of Human-Services.
VEGETABLE AND 4 or wore Subp.3.Additional information.In addition to the application,as applicant
FRUIT GROUP servings seeking license shall submit such information as the commissioner may negy
Dark been vegetables to make proper determination of the competence of the agency to be license
and deep yellow l 2 to 4 Subp_4.Relicensiiug.An agency desiring to renew its license shall submit an
vegetables and fruits serving 2 t j. t-ito i14 cup • application for relicensing at Ieast 3U days before the license is due to expire.In
for Vitamin A applying for such renewal,the agency shall file with its application such informa-
tion as the ootnmissioner may require to make a proper determination.
Fruit for Vitamin C 1 1/3 to I13 to Subp.5.Records and reports.The commissioner or his designated agent shall
citrus,tomato, serving 2/3 cup 2/3 cup 1!2 tug have ready access to records ofall services given by a licensed agency,and records
cabbage related to administration and financing of such service&He may from time to
time require agencies to supply information or to make reports to him about
Other fruits and 2 114 to
1/4 to agency services and their administration_
vegetables servings 113 cup I/3 cup 112 cup Statutory Authority:MSs 241802 subd 1
Hi
BREAD AND CEREAL } History: L 1984 c 654 art 5 s 58
GROUP j 9545.0780 ORGANIZATION AND ADMINISTRATION.
Bread and cereal, 4 1/2 to 1 1/2 to 2 to 3 Subpart 1. Agency function and per.The purposes or function of the
whole grain or servings slice 1_112 slices 1 agency shall be clearly defined. Such definition shall include the
enriched slices geographical
areas to be served, which children and parents will be accepted for care and
1/4 cup 1/2 cup 112 cup t service, and the specific services to be provided for in behalf of these children.
cereal cereal cereal Subp.2.Meeting the geographical need.The agency shall meet a need in the
OTHER geographical area it serves or plans to serve.
Butter or margarine As spread or Subp. 3. Legal organization. The agency shall be organized according to a,
seasoning legal form of association or corporation recognized by the laws of the state e°°
Minnesota. ,
'Size of serving will differ with individual children;some may want smaller Sub p.4.Mandel plan.The agency shall have a sound plan of financing that
amounts and some larger. • gives assurance of sufficient funds to enable it to carry out its defined purposes
..,......=--------. cry Authority:diS x.245.84), ram! -- ;. --- —__ and provide proper care for children. A new agency shall have sufficient kinds
PRIVATE CHILD-CARING OR-PLACING AGENCIES assured to carry it through the first year of operation.
954511750 SCOPE PURPOSE. Subp. 5_..audits.All financial accounts shall be audited at least once a year
and the report made a part of agency records..
Parts 9545.0750 to 9545.0830 govern the operation of agencies engaged in, ,Subp.6.Qualifications of personnel.The executive or director shall have had
or seeking to engage in child placement or other gild welfare services in training and responsible expenence in work with children and their families and
Minnesota and sets forth the requirements necessary for such agencies to be demonstrated executive ability.
licensed. The casework supervisor shall be a graduate of an accredited school of social
I Statutory Authority :hfSs 2fS.801 rulJd( = work or have successfully completed two years in such a school,En addition,the
casework supervisor must have had a minimum of two years experience in a
954511760 AGENCY DEFINITION. family and children's agency, or in a children's agency, as a caseworker or
"Agency" means any individual, organization,association, or corporation ear worker supervisor.�. In agencies not having a casework supervisor,the execu-
"Agency"
for, giving direction to,or providing needed service or assistance to five or caseworker shall meet these qualifications.
q
`'` children and parents in their own homes and placing them in foster care. It ` Caseworkers shall be at least college graduates.
includes any social service department of a child-caring institution that carries - i' Where an agency currently licensed does not meet these requirements,future
these responsibilities or gives the services herein described_ / changes in personnel s8all conform to these requirements.
Statutory Authority:MS s 245.802 sago I Statutory Atthority:MS s 245.802 stebr�1
t r In IIIII
I . C
Planning Commission Meeting
September 7 , 1988 - Page 55
C
Brown: There ' s quite a list of reasons . Some of them are still coming
in, as a matter of fact, as to why that island has ended exactly where it
was . If you' re real familiar with the area. . .
Emming: That' s something, when I look at it, it looks to me like that
would be way to get two full intersections in there and still reduce it
' but just a little further north back to two lanes . If that' s ridiculous ,
fine. If it hasn ' t been considered , then take a look at it.
Conrad: My only comments are really consistent with staff report .
Maximum 35% lot coverage. That ' s got to be. I don' t care how you do it
and I wasn' t going to let you off by reducing road sizes either. I think
you've got to come up with the 35% someway and if you do, it will sail
' through. We talked about the wetlands. You hear our point on the
wetlands . Don ' t need to belabor that point. The 25 foot frontyard
setback, you' ve got to meet that. Those are just some absolutes that we
just don ' t slack off of at all . Anything else?
Ed Flanner: May I interject one other issue? That is the handicap. We
have this symmetrical building . . . 8 units . If I expand this area ,
' particularly with the handicap having a 12 foot space, what I 'd like to
do is put 2 handicap units per building so that I would have a balance in
the way the building is built. The report asks that we mix them and
spread them throughout the project . I feel . . . for the maximum 2 handicap
units in the building .
Ellson : What was your reason for that?
Ed Flanner: It ' s a design use .
Ellson : I understand that but what was her reasoning for the opposite?
Dacy: I 'm not sure and I ' ll work with the applicant on it.
Headla moved , Batzli seconded to table action on the preliminary plat ,
wetland alteration permit and site plan review for the DeRand
Corporation. All voted in favor and the motion carried .
1 PUBLIC HEARING:
ZONING ORDINANCE AMENDMENT TO AMEND SECTION 20-814 TO PERMIT DAY CARE
CENTERS IN A FREE STANDING BUILDING AS A CONDITIONAL USE ON PROPERTY
ZONED IOP, INDUSTRIAL OFFICE PARK DISTRICT.
Public Present:
Name Address
Roman Roos Applicant
Jerome Carlson
Barbara Dacy waived the staff report due to the hour of the meeting .
' \�
11
Planning Commission Meeting
September 7, 1988 - Page 56 1
Chairman Conrad called the public hearing to order . I
Batzli moved , Headla seconded to close the public hearing. All voted in
favor and the motion carried. The public hearing was closed . I
Ellson: The only thing I wondered is, by doing this , do they have a rule
that whoever ' s using this building is the only one who can use that day
care or then does it fall into , like any other day care , whether I work
there or not, I can use that day care? Does it make that any more strict
that whoever ' s in the industrial office park is limited to it? Are there
any restrictions on it to people from the outside? II
Dacy: I asked the City Attorney that question and the City would not be
able to go that far in how exactly who ' s children the day care center
could . . . As a free standing use , it ' s up to them.
Batzli : I move that the Planning Commission approves Zoning Ordinance
Amendment Request #88-15 to amend Section 20-814 as follows : (13) State 11
Licensed Day Care Centers. And additionally to add Section 20-292, State
Licensed Day Care Centers as provided in the Staff Report, conditions 1,
2, 3 or whatever those are. I
Erhart : Second .
Bill Boyt : It would seem to me that you' re going to pass this onto I
Council with no comment virtually. This is going to be a difficult
issue. I would like you to think about , because many of you are parents ,
what we think the issues are so you could at least lay out what the
Council people should be thinking about. One that jumps immediately to
my mind is that we have intentionally kept them out of the Office Park
previously. There are some good reasons for why it would be nice to have
child care very close to where a person is working. There are some
definite drawbacks I think to having child care in an industrial office
park. I 'd just like you to, if you' ve thought about any of the issues ,
if you could just identify what you think the issues are, it might help
the level of the discussion when this gets to City Council .
Erhart: What do you think the drawbacks are Bill? I
Bill Boyt: I think it depends on what they' re next to I suppose but
let ' s suppose that we' ve got , as it turns out , they' re next to the mini-
storage area. Now we' re going to have traffic potentially all day long .
Basically unsupervised.. Do we run any safety risks by putting one in an
industrial office park? Do we have any considerations for should it be
any different if it' s in an industrial office park than if it' s downtown I
or if it' s somewhere else? I don' t know. I haven' t really thought about
this issues other than just I know it' s not going to be a simple yes or
no kind of discussion when it gets voted on. I
Batzli : I think all the concerns that you raise are ones that would be
addressed. It' s being added as a conditional use, as I understand it .
That ' s going to have to be reviewed on a site by site basis . If you want II
us to adopt standards, further standards than what we just added , we
II . • C
Planning Commission Meeting
ISeptember 7, 1988 - Page 57
could consider that. I don' t know. That ' s a good point .
Bill Boyt: I don' t know either Brian but I wasn' t hearing anything that
was going to be real helpful .
Ellson : As long as it' s a conditional use , it means we get to say, now
this is by a mini-storage, therefore we' re adding some stuff .
Emmings : I think what you ' re hearing is we all think it' s a good idea.
Conrad: We all thought it was a good idea when it was in a building and
the building that would service the employees of that building. We' re
lumping these two together but the point that Bill brings up is probably
pretty valid . All of a sudden there ' s a free standing building . We no
longer have the same rules. It is now not necessarily functioning for
that one company which we were all really comfortable with with Instant
Webb before because again, it wasn' t a profit motive. It was a service
motive to the employees . Now we' ve got a different situation.
Emmings: I don' t think so. The reason I don' t think so is that I think
' people need day care and I think it' s important . I think it' s nice to
have it by where they work.
' Conrad : But you wouldn' t necessarily put it in an industrial?
Emmings: I would put it there and frankly, unless I worked there, I
wouldn ' t want to take my kid down into that probably either . I think
it ' s going to primarily be used by those people down there and if other
people want to bring there children there , I don ' t care. It seems to me
the important thing is that day care is available for people who need it
and where it is , if people don' t like it down there, then they can take
their kid someplace else. That' s almost a market factor .
' Conrad : Your industrial parks are typically, they' re maybe not designed
for pedestrians and whatever so you don' t feel any sensitivity to kids
going out and playing?
Emmings : But they' re going to have to provide a place for the kids to go
out and play and that may be a little difficult for them in the
industrial park than some other setting . That ' s why I think as a matter
of fact, the people who are going to want to use this thing in the
industrial park are people who are going to be working there and are
going to be handy to it. I don' t think anyone' s going to chose that
location.
Conrad : Are we comfortable we ' ve thought about this first item enough?
Thought about the situation? Steve has .
Erhart : There is requirements for outdoor play area and that ' s in the
coverall requirements .
Ellson : The drop off point , that usually means a separate driveway so
you' re dropping off your kid on a road that ' s got traffic going back and
Planning Commission Meeting
September 7 , 1988 - Page 58
C
forth. I
Dacy: As a free standing facility, there can be more flexibility to
address those separation issues and safety issues. I think it' s going to
be more of a problem on the next item as part of the a multi-tenant
office building where you have to go back and review parking areas and
reconfigure existing situations . I
Conrad : Everybody comfortable we' ve done our homework on this first one?
Jerome Carlson: I 'm Jerome Carlson, the CEO of the three companies. We'd 11
like to proceed with this project. . . .my comments as far as it relates
to traffic, is that in our plan will be reviewed whether we want to put
it into the Instant Webb building or not , I can assure that one of the
two primary factors. . .had to do with this very same issue. The corner of
that building where we were going to put this day care was where all of
our heavy trucks entered the premises to go around to the back to unload
and then when they exit , they come right back around the same corner and
this caused a lot of concern on my part and on the part of. . . We didn' t
feel it was something we couldn ' t manage. We planned to put up the
appropriate security fence. . . The other reason that we chose not to use
the Instant Webb site is because the space requirements that we found
ourselves having as we do continue to grow. We then chose to a site
close by, off-site . With all due respect , I think you will find that the
safety standards of that particular site is very isolated. As far as the
monitoring of traffic , there is no traffic . It ' s a dead end and it is, I
think appropriate from a traffic standpoint. . . Relative to the question
of whether we are private or public as far as the personnel that would be
using this location . Our intent remains to provide a service for our
employee group. The surveys that we took clearly indicate that what we
are intending to do is in line with the survey needs. For some reason
that facility does not attract from the employee base, we would certainly
then in order to operate it on a break even basis , which is really all we
want, we would then want to reach out to the. . .public. But that is not II the objective here . The objective is to provide quality, cost . . .day care
for our employees . That' s not changing.
Roman Roos : . . .permitted use , free standing or otherwise . The
conditional use process lets you look at each item. . . I think in terms
of a free standing day care center , such as the one we' re presenting to
you, or a day care center in an existing. complex, both really serve the
same needs. . . We' re just finishing up one in Chaska right now. . . for two
companies. One is for• a manufacturing company. . . I think the thing that
we' re looking for tonight is to get a recommendation to the Council that
day care, free standing or otherwise, is a desirous thing. The issues . . .
the traffic , all of those can be handled on the site plan review. . .
Conrad: Bill , are you seeing something? I think we were going through
the first item here because we' ve obviously talked about this before and
we' re pretty much rubber stamping it, until you made us stay later . What
other issues , do you see other issues or are you just really saying , hey
any other thoughts that we have? Are you uncomfortable?
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Planning Commission Meeting
September 7, 1988 - Page 59
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1 Bill Boyt : I 'm not opposed to this . I simply want to be comfortable
that when we put into the office park, because we are now moving it out
of a building . The first one, I think the Council was , one of the
11 conditions of approval was that this would apply only to people who
worked in that facility, as I recall . So we ' re changing the parameters .
We' re making it, as Mr. Carlson said, basically a free standing day care.
When we do that, I just want to make sure we do it right . There' s
certainly a need. We've had some more discussion about it. It gives me
a little bit of a feel where they' re coming from. I think it' s very
important that we know exactly what the standards are. I 'd like to see
in the staff report Barbara , that those be more spelled out . . .to go with
the existing State standards. Maybe the State standards aren' t good
enough.
1 Batzli : I think that these guys are going to do a fine job and we' re
amending the ordinance and we don' t know what will come in through the
1 door the next time around.
Conrad : Any more thoughts along this line? Tim, are you comfortable
that we' re reacting with enough information?
Erhart : I don ' t know much about day care centers because I haven ' t used
it. I guess I would basically make the assumption that there are some
I pretty good rules in effect in regulating them. We' re using the , it
would be okay here, from a safety standpoint I guess. The overall
feeling was that this probably would be safer , I 'm comparing it with a
private home, safer than a private home. Better fire protection. It ' s
more of a disciplined environment in the industrial park. Private homes
tend to be private. Things happen in private homes that . . .
1 Conrad : And you feel comfortable that we can put this type of operation
into a free standing unit?
Erhart : Overall , I 'm very comfortable with it . I think yes , maybe we
should spend a little more time reviewing the Code and learning more
about day care centers but then again . . .
Conrad: And you don' t care who goes to that day care center?
Erhart : No , I don ' t think it makes a difference. I think it ' s a great
business .
Emmings : Let me tell •you how I feel about day care . I can remember the
panic in my own breast when both my wife and I had to go to work and
something had to be done with our child . It ' s a great need out in this
area in particular . I think we should do everything we can to make that
type of service available . Especially for people who work out in
1 Chanhassen. Having your kids close by to where you work, for those times
when they need you and you have to be there , is really an important
thing.
Conrad : Brian , do you want to amend your motion?
1
IT
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Planning Commission Meeting
September 7, 1988 - Page 60 1
Batzli : I 'd be happy to accept the suggestion that if staff would like
to look at additional safety points for inclusion for the Council ' s
consideration , that ' s fine.
Conrad: Was your motion ever seconded?
Batzli : I don ' t recall .
Dacy: Tim did . 1
Conrad : Tim, would you amend your second? 1
Erhart: Sure.
1
Batzli moved , Erhart seconded that the Planning Commission recommend
approval of Zoning Ordinance Amendment Request #88-15 to amend Section
20-814 as follows :
(13) State Licensed Day Care Centers .
Additionally, to add Section 20-292, State Licensed Day Care Centers :
1. The site shall have loading and drop-off points designed to avoid
interferring with traffic and pedestrian movements.
2. Outdoor play areas shall be located and designed in a manner which
mitigates visual and noise impacts of adjoining residential areas. 1
3 . Each center shall obtain applicable state, county and city licenses .
Also, that staff will look into additional safety points for Council ' s
consideration. All voted in favor and the motion carried .
PUBLIC HEARING:
ZONING ORDINANCE AMENDMENT TO AMEND SECTION 20-814 TO PERMIT DAY CARE
CENTERS AS PART OF A MULTI-TENANT BUILDING AS A CONDITIONAL USE ON 1
PROPERTY ZONED IOP, INDUSTRIAL OFFICE PARK DISTRICT.
Public Present : 1
Name
•
Address
Scott Anderson Applicant 1
Sue Building Block Day Care
Barbara Dacy presented the staff report . 1
Chairman Conrad called the public hearing to order .
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