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1c4. Rome Dev, CUP to Construct 6,700 sq. ft State Lic Day Care / c -(ii I - C AL I T Y 0 F P.C. DATE: Oct. 5 , 1988 II \ CHANHA �SEN C.C. ::E:88: C::. 1988 CASE IIPrepared by: Olsen/v il STAFF REPORT ii ' I PROPOSAL: Conditional Use Permit for a Day Care in the IOP District F. i I V LOCATION: Lots 2 and 3 , Block 2, Chanhassen Lakes Business Park (Future Parcel C) O. Ia- 4 APPLICANT: Roman Roos 1450 Park Court IIChanhassen, MN 55317 i PRESENT ZONING: IOP, Industrial Office Park ''t' by " ""= I ACREAGE: 2 . 25 acres odorsed✓!' Modified_____--______---- DENSITY: Rejected-. II Date.la/e-/cri ADJACENT ZONING Fete Submitted G,idroi -ion AND LAND USE: N- RR; Lake Ann Park c1/ - to a.._ ,, , o to 1..;;.:,(ii S- IOP; creek and outlot __&_ z y../sed'___ Q Ir E- IOP; Mini-storage and Rome Development Q W- IOP; Paisley Park IW WATER AND SEWER: Available to the property PHYSICAL CHARAC. : The site is heavily vegetated II2000 LAND USE PLAN: Industrial II mo:IJ a mt v 114- 024:V I:d Ie Lo4 r l A U1.S ) 00° . II, _'.:,•,..,,„.. .. _ - -. , /7 r;-\ RD - I!; I - - - ,--, 03 1 I RSF LAKE ANN 11, i= $ EL • ,.,, , it 7 ) CO 1 X :I• 1 1 R R4 R 1 i , __ ._,__ • i AMAMI: _ . ,..._ x„ -i milmrp op -4,.. .,-„,•, 1111 RR . , - _. i 116 ai jit ill-, • Mil - P i CP°Se I LOgOk-i ON R 1 2 1 01 R bAtic — 4! Li ; 43 1 2. .. cc , MP or 4 . 11 A- - iv * BOUL- _ -,,,e 41 U111 1 gpipin BG 111 40,62 s , Et - li II F1 ----1-........----- _...---. --- -----t- -41-7■>44422iiiii. Asti as ... ..........------ IG . , • 10P 01 fze - sille-------- , , >\..... r---: ', ( : A, . ‘..--------- 20171, ,/ I • ,/ - ■•-- : ----- i• , _—________, , R 1 2 1 ., _ ___,____:_____ , , , RS 214 LAKE SUSAN )10 --if- /4", RD ,- # . 4e,,- 4) RSF R8 0, 111 ir• w , 66 TH - f - 1111111.11110W R4 RSF i . 11 .....• ._ .._...... ;... i- I .. - . Park Place Day Care ' October 5 , 1988 Page 2 ' APPLICABLE REGULATIONS The general guideline for day care parking is one parking space per six children plus one per employee. The setbacks for the IOP District are 30 feet front yard, 10 feet side and rear yards . The maximum height of a building is 4 stories or 50 feet. Section 20-902 allows grouping of buildings in districts other than single family residential by a conditional use permit. Section 20-1191 requires a 10 foot strip of land between abutting ' right-of-way and vehicular use areas including one tree per 40 feet and a hedge wall or berm of at least 2 feet. Section 20-1192 requires interior property lines to be landscaped with one tree per 40 feet. Section 20-1211 requires interior landscaping for vehicular use 1 areas . (Attachment #1) REFERRAL AGENCIES Assistant City Engineer Attachment #2 MnDOT "Improvements to Hwy. 5 will require approximately 40 feet of additional right-of-way. " ' BACKGROUND The City is currently reviewing a zoning ordinance amendment to allow state licensed day care centers as a separate facility in the IOP District as a conditional use. The Planning Commission approved of the zoning ordinance amendment with the following conditions for the conditional use permit (Attachment #3 ) : 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 resi- dential areas . 3 . Each center shall obtain applicable state, county and city licenses . The Planning Commission also recommended staff to provide addi- tional safety points for City Council consideration. Staff I II Park Place Day Care October 5 , 1988 Page 3 reviewed the typical impacts that should be evaluated which I include traffic, noise, separation between uses and air quality. Staff reviewed the state guidelines that must be met for any day care to be licensed by the state and found that they were very detailed and that they provided adequate standards for a day care center (Attachment #4) . The City Council felt that although the state regulations were very complete, that staff should also research additional conditions covering the following: 1 . The percent of green space required within a play area or else decrease the amount of impervious surface permitted for a day care center site versus the permitted 70% in the IOP District. 2 . The site must be on a cul-de-sac or deadend street. 1 3 . To provide specific regulations for radon, noise and air pollution and testing requirements . ANALYSIS The applicant is proposing to construct a 6 ,700 square foot day ' care center on 2 .3 acres of property zoned IOP (Attachment #5) . The proposed site plan locates the building in the northwest corner of the site adjacent to Hwy. 5 and Riley Creek. The site will be accessed from Park Court cul-de-sac, sharing a driveway with the Rome Development building. The site plan is providing parking areas on the easterly portion of the property and south of the proposed building. Traffic will enter the site from Park Court and the site plan is providing a turnaround for the dropping off and picking up of children. There is a play yard being provided on the northeast side of the building. The site plan is maintaining the required front and side yard setbacks and is also maintaining the required 100 feet from the centerline of the creek as required by the Watershed District. The proposed development of the site is below the maximum 70% impervious sur- face allowed in the IOP District. Parking The requirements for parking for state licensed day care centers are one parking stall per six children plus one per employee. The applicant is proposing to have the facility licensed for 42 children with 7 employees which results in a requirement of 14 parking spaces. The site plan is proposing 20 spaces. The applicant is also proposing additional parking stalls adjacent to the day care facility. The applicant would have to go through another conditional use permit process to provide the additional parking since it impacts existing site plan features . r 1 ' Park Place Day Care October 5 , 1988 Page 4 ' The applicant is also showing parking adjacent to the office/ warehouse facility located in the southeast corner of the site. The parking area will be used by the office/warehouse facility. ' The applicant must provide a cross easement to be recorded with Carver County prior to construction of the parking area. ' Future Proposal The applicant is also showing a future building located on the southern corner of the site along with future parking. The ordi- nance permits multiple buildings on a industrial site upon appro- val of a conditional use permit. The applicant would have to receive a conditional use permit for the future building. During ' review of the conditional use permit for either additional parking or the second building, the proper setbacks, parking requirements, landscaping and impervious surface requirements ' would be reviewed. Landscaping The site is heavily vegetated. The applicant is preserving the trees along the westerly boundary and some individual trees within the site. The applicant is providing adequate interior landscaping and screening along the northerly boundary. Additional screening is necessary between the day care site and the westerly boundary of the mini-storage facility (1 tree/40 ' ) ' and evergreens should be included to provide 50% winter opacity. Play Area The play area is located adjacent to the north and east side of the day care facility. The area and type of equipment is regu- lated by state regulations . The play area contains pea rock, sod and sand. The City Council directed staff to provide require- ments for open space within play areas and decreased impervious surface for the whole site. Staff has not determined the required ratio of impervious surface and open space. These addi- tional regulations will be presented to the City Council during the second and final reading of the zoning ordinance amendment. It appears that the applicant is providing an adequate amount of ' green space within the play area and is maintaining a high per- centage of open space on the whole site. Approval of the con- ditional use permit will be conditioned upon meeting the conditions established with the zoning ordinance amendment. Utilities, Grading and Drainage In Attachment #2 the Engineering Department reviews access, uti- lities , grading and drainage. I Park Place Day Care October 5 , 1988 I Page 5 Radon, Noise and Air Quality The site is located on a cul-de-sac which is a condition of II the zoning ordinance amendment added by the City Council. The City Council directed staff to add conditions requiring testing of radon, noise and air quality and to determine standards which must be met and maintained for the day care center to be located II in the IOP District. Staff is in the process of researching existing state regulations and reviewing standards to add as con- ditions for the conditional use permit for day care centers in II the IOP District. Since the conditions have not yet been established, the conditional use permit will be conditioned upon meeting these requirements . The final conditions will be established as part of the second and final reading of the zoning II ordinance amendment which is scheduled for City Council review on October 10th or 24th. General Conditions for Conditional Use Permits I The Zoning Ordinance also has 12 general standards for con- II ditional use permits . 1 . Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neigh- borhood or the city. * The day care facility will not be detrimental to or I endanger the public health or general welfare of the neighborhood or City. 2 . Will be consistent with the objectives of the city' s compre- 1 hensive plan and this chapter. * The comprehensive plan designates the subject site as I industrial. Although a day care center is not an industrial use, it is a use that can support the industrial uses found in the IOP district. I 3 . Will be designed, constructed, operated, and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the II essential character of that area. * The design of the day care center will be less of an II industrial design than the other permitted uses within the IOP district and will not be detrimental to the character of the area. II 4 . Will not be hazardous or disturbing to existing or planned neighboring uses. II II 1 Park Place Day Care October 7, 1988 Page 6 ' * The day care facility will not be hazardous or disturbing to existing or planned neighboring uses since it is located within the IOP district. 5 . Will be served adequately by essential public facilities and services, including streets, police and fire protection, ' drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. * The day care facility will be served adequately by public facilities and services. ' 6 . Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. * The day care facility will not create excessive require- ' ments for public facilities and services. 7 . Will not involve uses, activities , processes , materials, equipment and conditions of operation that will be detrimen- tal to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. * The day care facility will not involve uses or activities which will be detrimental to any persons, property or the general welfare. 8 . Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares . * The proposed site of the day care site has adequate vehicu- lar approaches and do not create traffic congestion or interfere with traffic from surrounding public thorough- fares. ' 9 . Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major signi- ficance. ' * The proposed site development for the day care center will not result in the destruction, loss or damage of site features of major significance. 10 . Will be aesthetically compatible with the area. * The proposed day care facility will be aesthetically com- patible with the area. i Park Place Day Care October 7 , 1988 Page 7 11. Will not depreciate surrounding property values. 1 * The day care facility will not depreciate surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. ' * The day care facility will meet standards prescribed for certain uses as provided. SPECIFIC CONDITIONS OF THE CONDITIONAL USE PERMIT FOR STATE LICENSED DAY CARE FACILITIES IN THE IOP DISTRICT 1 . The site shall have loading and drop-off points designed to , avoid interferring with traffic and pedestrian movements. * The proposed site plan provides loading and drop off points , to avoid interferring with traffic and pedestrian move- ments. ' 2 . Outdoor play areas shall be located and designed in a manner which mitigates visual and noise impacts of adjoining resi- dential areas. * The site plan provides the day care facility with outdoor play areas which are located and designed to mitigate visual and noise impacts of adjoining areas. Note: As part of the Zoning Ordinance Amendment, staff will be changing the wording of #2 to state visual and noise impacts of adjoining industrial and residential areas. 3 . Each center shall obtain applicable state, county and city licenses. * The proposed day care center will have to obtain all appli- cable state, county and city licenses. RECOMMENDATION ' Planning staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Conditional use Permit Request #88-14 as shown on the site plan dated "September 16 , 1988" with the following conditions : 1 . The applicant provide the city with a cross easement to allow proposed parking for the Rome Development building on the subject site. II Park Place Day Care ' October 7 , 1988 Page 8 2 . The applicant submit an amended landscaping plan which provi- des additional landscaping between the day care facility and the mini-storage warehouse facility including evergreens . 3 . The site plan must meet any additional conditions as part of the zoning ordinance amendment for day care facilities in the IOP District as conditional uses . 4 . The applicant shall obtain and comply with all conditions of the Watershed District permit. I5 . The proposed driveway shall maintain a 12-foot separation from the existing driveway located to the south on Park ' Court. 6 . The applicant shall supply the City Engineer with details ( storm profile sheet) for the installation of the storm sewer ' which shall include details for the rip rap, flared end sec- tions and energy dissipators prior to City Council approval . ' 7 . The erosion control as delineated on the plan shall be revised to reflect the City' s standard for Type II erosion control ( staked hay bales and snow fence) . The erosion control plan shall be revised on the plan set to reflect the City' s standard for Type II erosion control. 8 . The driveways (proposed and existing) shall be signed appropriately to designate one-way traffic for each driveway ( refer to Attachment #1) . A signing and striping plan shall be submitted to the City Engineer for approval prior to final ' plat approval . PLANNING COMMISSION ACTION The Planning Commission recommended approval of the conditional use permit as recommended by staff with the change to condition #1 as follows: ' 1 . The applicant provide the city with a recorded cross easement to allow proposed parking for the Rome Development building ' on the subject property. CITY COUNCIL RECOMMENDATION ' Staff recommends the City Council approve Conditional Use Permit Request #88-14 as shown on the site plan dated "September 16 , 1988" with the following conditions: 1 . The applicant provide the city with a recorded cross easement to allow proposed parking for the Rome Development building on the subject site. 11 Park Place Day Care II October 7, 1988 Page 9 2 . The applicant submit an amended landscaping plan which provi- ' des additional landscaping between the day care facility and the mini-storage warehouse facility including evergreens. 3 . The site plan must meet any additional conditions as part of ' the zoning ordinance amendment for day care facilities in the IOP District as conditional uses . 4 . The applicant shall obtain and comply with all conditions of the Watershed District permit. 5 . The proposed driveway shall maintain a 12-foot separation from the existing driveway located to the south on Park Court. , 6 . The applicant shall supply the City Engineer with details ( storm profile sheet) for the installation of the storm sewer which shall include details for the rip rap, flared end sec- 11 tions and energy dissipators prior to City Council approval. 7 . The erosion control as delineated on the plan shall be revised to reflect the City' s standard for Type II erosion control ( staked hay bales and snow fence) . The erosion control plan shall be revised on the plan set to reflect the City' s standard for Type II erosion control . 8 . The driveways (proposed and existing) shall be signed appropriately to designate one-way traffic for each driveway ' ( refer to Attachment #1) . A signing and striping plan shall be submitted to the City Engineer for approval prior to final plat approval. , ATTACHMENTS 1 . Zoning Ordinance requirements . 2 . Memo from Larry Brown dated September 29, 1988 . 3 . Planning Commission minutes dated September 7, 1988 . 4 . State regulations for day care centers . 5 . Letter from Instant Web. 6 . Planning Commission minutes dated October 5 , 1988. 7 . Site plan dated September 16, 1988 . 1 I ' ZONING § 20-814 ARTICLE XXII. "IOP" INDUSTRIAL OFFICE PARK DISTRICT -_ Sec. 20-811. Intent. ' The intent of the "IOP" District is to provide an area identified for large scale light industrial and commercial planned development. (Ord.No. 80,Art. V, § 16(5-16-1), 12-15-86) Sec. 20-812. Permitted uses. The following uses are permitted in an"IOP" District: (1) Offices. ' (2) Warehouses. (3) Light manufacturing. ' (4) Trade shops. - (5) Health services. ' (6) Printers. (7) Indoor health and recreation clubs. 1 (8) Body shops. (9) Utility services. ' (10) Recording studios. (11) Off-premises parking lots. ' (12) Conference/convention centers. (Ord. No. 80,Art. V, § 16(5-16-2), 12-15-86) ' Sec. 20-813. Permitted accessory uses. The following are permitted accessory uses in an"IOP" District: (1) Parking lots and ramps. (2) Signs. ' (3) Retail sales of products stored or manufactured on the site provided no more than twenty(20)percent of the floor space is used for retail sales. (Ord. No. 80, Art. V, § 16(5-16-3), 12-15-86) Sec. 20-814. Conditional uses. ' The following are conditional uses in an "IOP" District: (1) Concrete mixing plants. •C (2) Communication transmission towers. 1227 t1 ■ § 20-814 CHANHASSEN CITY CODE 1 (3) Public buildings. (4) Motor freight terminals. (5) Outdoor health and recreation clubs. , (6) Screened outdoor storage. (7) Research laboratories. (8) Contracting yards. (9) Lumber yards. , (10) -Home improvement trades. (11) Hotels and motels. ' (12) Food processing. (Ord. No. 80,Art. V, § 16(5-16-4), 12-15-86) I State law reference—Conditional uses, M.S. § 462.3595. Sec. 20-815. Lot requirements and setbacks. , The following minimum requirements shall be observed in an "IOP" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is one(1) acre. (2) The minimum lot frontage is one hundred fifty(150)feet,except that lots fronting on a cul-de-sac shall have a minimum frontage of sixty(60)feet. (3) The minimum lot depth is two hundred(200)feet. (4) The maximum lot coverage is seventy(70)percent. , (5) Off-street parking areas shall comply with all yard requirements of this section, except that no rear yard parking setback shall be required for lots directly abutting ' railroad trackage; and, no side yard shall be required when adjoining commercial uses establish joint off-street parking facilities,as provided in section 20-1122,except that no parking areas shall be permitted in any required side street side yard. The , minimum rear yard shall be fifty (50) feet for lots directly abutting any residential district. Side street side yards shall be a minimum of twenty-five (25) feet in all districts. Other setbacks are as follows: a. For front yards, thirty(30)feet. b. For rear yards, ten(10)feet. c. For side yards, ten(10)feet. (6) The maximum height is as follows: a. For the principal structure, four(4)stories/fifty(50)feet. b. For accessory structures, one(1)story. (Ord. No. 80, Art. V, § 16(5-16-5), 12-15-86) I 1228 I IC ZONING § 20-904 • Secs. 20-816-20-900. Reserved. ARTICLE XXIII. GENERAL SUPPLEMENTAL REGULATIONS DIVISION 1. GENERALLY Sec. 20-901. Overhead transmission lines. Installation of overhead transmission lines in excess of sixty-nine (69) kilovolts shall require the issuance of a conditional use permit through any district located in the city. The city council, in addition to the standards established in article IV, may also impose other ' conditions as deemed necessary to protect the public health, safety and welfare. (Ord. No. 80, Art.VI, § 2, 12-15-86) Sec. 20-902. Multiple principal buildings on same lot. In any single-family detached residential district not more than one(1)principal building shall be permitted to be erected on a single building lot. Groupings of buildings in other districts may only be permitted by conditional use permit. (Ord. No. 80,Art. VI, § 3, 12-15-86) Sec. 20-903. Temporary structures and uses. The city may authorize as a conditional use the temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed for the district in which the property is located, provided that such use is of a necessary and tempo- rary nature and does not involve the erection of a substantial structure or substantial alteration of the premises.The city council may grant a conditional use permit for such use for not more than twelve(12)months. (Ord. No. 80, Art. VI, § 4, 12-15-86) Sec. 20-904. Accessory structures. ' (a) A detached accessory structure, except a dock, shall be located in the buildable lot area or required rear yard. No accessory use or structure in any residential district shall be located in the required front or side yard. (b) A detached accessory structure may occupy not more than thirty (30) percent of the ' area of any rear yard, provided that no detached accessory structure shall be placed nearer than five(5)feet from any rear lot line. (c) In any residential district, no accessory building or structure shall be erected or Iconstructed prior to the erection or construction of the principal or main building but may be C., erected simultaneously. (Ord. No. 80,Art. VI, § 5, 12-15-86) 1229 CITY OF , 1 j_ I \ .‘ A ‘ CHANHASSEN I 690 COULTER DRIVE •• P.O. BOX 147 •• CHANHASSEN, MINNESOTA 55317 v; � (612) 937-1900 II MEMORANDUM TO: Planning Commission I FROM: Larry Brown, Staff Engineer /.4)04K I DATE: September 29 , 1988 SUBJ: Preliminary Plat Review for Lots 2 and 3 , Block 2 II Chanhassen Lakes Business Park Planning File No. 88-22 SUB, Rome Development This site is composed of a gentle topography with mature vegeta- II tion scattered throughout the site. The subject lots already exist as a mini storage warehouse facility located to the east of I Parcel C and the existing one-story block building located to the south of Parcel C. Sanitary Sewer I Municipal sanitary sewer is available to the site by the existing 10-inch sanitary sewer main which exists within the Park Court 11 right-of-way. Watermain II Municipal water service is available to the site by the existing 10-inch watermain which exists along the common lot line of Lots 2 and 3 , Block 2 , and continues through Lot 2 , Block 2 to State II Highway 5 (refer to Attachment #1) . The plat for the Chanhassen Lakes Business Park does not show a utility easement over this water line. It is recommended that a 20-foot utility easement be II place (centered) over this water line through the entire length of the subject plat . Access I The plans propose that the existing driveway and proposed drive- way from Park Court be joined. The proposed center island II maintains a driveway separation of 12 feet. This separation is the minimum separation that will be allowed. The two combined driveways should be appropriately signed to separate the two-way II traffic for the driveways . A signing and striping plan will be required prior to final approval. I Aca I II Planning Commission September 29 , 1988 Page 2 All access to the proposed site shall be from Park Court . No access will be allowed to State Highway 5 . ' The plat shall be revised to include the City' s standard 5 foot side lot and 10 foot front and rear lot drainage and utility ' easements. A cross easement document should be executed for the joining of the driveways and construction of the additional parking area immediately north of the existing building on Parcel C. This easement should be presented to the City prior to final plat approval. ' Grading and Drainage Proper storm water retention has been accomplished through the ponding sites in place for the Chanhassen Lakes Business Park plat . The applicant is proposing two storm sewer systems throughout the parking lot . We find that the ponding that is in ' place will facilitate the proposed drainage to accommodate a 100-year frequency storm event and address water quality standards. Profiles for the storm sewer system should be submitted to the City Engineer for approval prior to City Council approval. The site indicates Type I erosion control along the westerly side of the parcel. These plans shall be revised to incorporate Type II ( staked hay bales and snow fence) for the erosion control delineated on the plan set . The City' s standard for the installation of the Type II erosion control shall be placed in the grading plans prior to City Council approval. Details which delineate the amount of rip rap, storm sewer faci- lities and any energy dissipators shall be submitted to the City Engineer prior to City Council approval . ' Easements At the time of this report , MnDOT addressed the need for addi- tional roadway easements for the Highway 5 widening project . The applicant will be required to provide the necessary easements as per MnDOT' s recommendation. ' It is therefore recommendea that the plat be approved upon the following conditions: 1 . The applicant shall obtain and comply with all conditions of the Watershed District permit . 1 Planning Commission September 29 , 1988 Page 3 1 2. The proposed driveway shall maintain a 12-foot separation from the existing driveway located to the south on Park Court . 1 3 . The applicant shall supply the City Engineer with details ( storm profile sheet ) for the installation of the storm sewer which shall include details for the rip rap, flared end sec- tions and energy dissipators prior to City Council approval. 4. The erosion control as delineated on the plan shall be 1 revised to reflect the City' s standard for Type II erosion control ( staked hay bales and snow fence) . The erosion control plan shall be revised on the plan set to reflect the City ' s standard for Type II erosion control . 5 . The plat shall be revised to show a 20-foot wide utility easement centered on the existing 10-inch diameter watermain which traverses Lot 2 , Block 1 . This easement shall be extended between Park Court and State Highway 5 . 6 . The driveways ( proposed and existing) shall be signed appropriately to designate one-way traffic for each driveway (refer to Attachment #1 ) . A signing and striping plan shall be submitted to the City Engineer for approval prior to final plat approval . 7 . The plat shall be revised to show the appropriate side lot 1 and front and rear utility easements prior to final approval. 8 . The final plat shall be revised to reflect the additional 1 roadway easements for the widening of State Highway 5 if MnDOT forwards to the City written confirmation that addi- tional easements are required. 9 . The applicant shall provide the City with a copy of the ease- ment agreement between the fee title owner of Outlot C and the proposed lot . Attachments 1 1. Traffic Diagram. 1 1 1 11 I , 777. I 7 ' , . \ .\ yd, I .- , -----. \ \ .9,-% -5 \ 0 I \ / , , ,_7' \\ 4. 'l \ cs, ' \ .' 'o ) tiZI % 4, •CP--.— __.._--_____ —___ c, N.• 0 4, 0 • ,„ 0 d. \Is, It cf.v) ‘%,% ';• 0 -8- 1 iiH I 1 i . t.0 I . \ • : , I., 1"' < t 1 I 1 I \ . , \ . . , 1 I - . i v. r- 11.1 , . Ill I \ \ , 1 , \ , : 1 'Ili Z I-- • tr) \ \ \ , Z ,z , \ . . . .. : , v, . .. f .■ \ .\ 01 CC _ I \ -■_,‘ Ve . , ...._.. . I In I .; cn 1 )•• .0 \ 0, ; 1...i < cv . cc I , "*. 1 = ! , • , •r.i., 1 ! t? , I \ \ w ; - - . . \ i ii 1 IfirINEIltd- IM -7–,‘ . \ 1 1 ,. N.), . . \ \ i Cr I \,, \ , \ 7------\ . . 1-- w: z z, w - ,....A ,„ 1 DNINtiVd 3uni \ \ ,--- ; –... ...1. \ \ \5 , I \ \ , I >•I we s Imam :6 cf, \ \ \ . \ ' *.., 1 tc'l .1 1 i i> )*- > •. '- 1 f! ____—. I -\-).,,I+ I ----------------- i u_ i IF"' , ..9 7, 1 111 I: 61, .— . . i ; I- * 1-- ---- — . 4.7.44/ /.... • ...1 • 5' i __-------- i ,9 t i –___ C Planning Commission Meeting September 7, 1988 - Page 55 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, I 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 II 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 actzon on the preliminary plat, wetland alteration permit and site plan review for the DeRand Corporation. All voted in favor and the motion carried . 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 oiN Y report due to the hour of the meeting . 1 Planning Commission Meeting � • September 7 , 1988 - Page 56 Chairman Conrad called the public hearing to order . Batzli. moved , Headla seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. 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? 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 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. Erhart : Second . I (I Bill Boyt : It would seem to me that you ' re going to pass this onto 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? 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 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. 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 us to adopt standards, further standards than what we just added , we Planning Commission Meeting September 7 , 1988 - Page 57 1 could consider that. I don' t know. That ' s a good point. 1 Bill Boyt: I don' t know either Brian but I wasn' t hearing anything that was going to be real helpful . I 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 II 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 I 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 II 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 i•t. 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 overall 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 I ' C Planning Commission Meeting ISeptember 7 , 1988 - Page 58 ' forth. 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 . 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 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 I 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 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 IC other issues , do you see other issues or are you just really saying , hey any other thoughts that we have? Are you uncomfortable? I Planning Commission Meeting t ' September 7 , 1988 - Page 59 ' C 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 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 II 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 II the existing State standards. Maybe the State standards aren' t good enough. 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 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 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. . . Conrad : And you feel comfortable that we can put this type of operation II 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 Chanhassen. Having your kids close by to where you work, for those times 1 when they need you and you have to be there, is really an important thing . Conrad : Brian , do you want to amend your motion? U Planning Commission Meeting ' September 7, 1988 - Page 60 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. Conrad : Tim, would you amend your second? Erhart: Sure. 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 : A. 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 . 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 PROPERTY ZONED IOP, INDUSTRIAL OFFICE PARK DISTRICT. Public Present : Name Address Scott Anderson Applicant Sue Building Block Day Care Barbara Dacy presented the staff report . Chairman Conrad called the public hearing to order . • r•AN'• 1 •• •I . , • li 9545.0260 LICENSItiG OF FaCII IT1ES FOR CHILDREN $830 o,'f ;• • 333E LICENSING OF FACILITIES FOR CHILDREN 9545.0510 Children I. Interim and Permanent(3 faster-5 total) Children Children• -e.:',"ii: 95'35.0310[Repealed,9 SR 21061 Licensed 12 hours ' • his than 0-2 3 Absolute 5 •-'r %;';f!: ."�r+ • 9545.032(1(Repealed, 9 SR 21061 • 2 years 3 2 limit 5 'al.;�;i��i' • 4 I in this 5 , '``I:1Ill,I, 9545133.(Repealed,9 SR 2106! w ' Exclusively Permanent or Restricted cagy : • 9545-03.30[Repealed,9 SR 2106] r � t , .,:P 1 t No 5 2 7 t• "Ili ° 9545.0350 [Repealed,9 SR 2106] " Requirement 6 •:id'!I E 7 . a .,;:,' ,9545.0360[Repealed,9 SR 2106] ; 2. Interim and Permanent(5 children total) 95 15.0370[Repealed,9 SR:106] •"' 't 2 o more t?hours 4 S 5 1595.0380(Repealed,9 SR 21061 1 1 1 4 years 2 3 5 3 r 1, 9535.0394[Repealed, 9 SR 2106] ` 2 5 1 9345.0440 [Repealed,9 SR 2106] Exclusively Permanent or Restricted • - r' No 4 1 5 y - 9545.0410[Repcled,9 SR 2106] l` Requires ent 5 2 7 - ,,. +air Pte;' 95.3.5.4420[Repealed,9 SR 2106] t 6 1 3_Emergency Sheltert7 children total) 7 i:-.4i•. • 9545.4430[Repealed,9 SR 2106] c., �•2 hours 7 ',..1,,- 9545.0440(Repealed,9 SR 2106] '•i : , 6 hours ig (Special .h 0' • 9545.0450 (Repealed,9 SR 21061 ) ••K i mss) -%': GROUP DAY CARE OF PRESCHOOL AND SCHOOL-AGE CHILDREN }' 4.Special Services(Handi •pped or Extraordinary Care)(4 Foster- 5 total) I 9545.0510EEE.U:11 1 AND SAFETY LICENSE RIaQUIREv1F.NI;S AND E 1P a)Licensed 12 hours 0 4 3�years+ 6 hours 1 4 .fit,Y.` TIONS. :L I_hours (Special 2 3 f::�. A group day-care center program that has received an exemption front related needs) 3 2 5 r lieensure from the commissioner of education must,in addition,possess a health , • training 4 1 5 1 �,,; and safety Gaeosefrom the Depar•tnntof Human Servic es under parts 9545.0510 OR 5 z!� to 9545.0670.The following regulations shall be met: 1 b)E�per fence Requirements Exemptions -1 year with handicapped A. Definitions All subparts None 1 +6 hours (part 9545.0520) related " -„ related B. Licensing laws subparts •- c)25 OR hours „'. and procedures 1 through 16 , subpart 17 : ,'.. (part 9545.4530} t t-.1' C. Facility •" ; training ty subparts 1 to 12, subparts 5.Group Family(10 children total) F., (pwrt 9545.0540) and 14 13 and 15 = 12 hours 1 10 D. Program subparts 4, subparts 1, b hours (No more than 3 children "• (part 9545.0550) S and 6 2,3 and 7 ,. ' (Special with.severe handicaps at , needil oar time E. Health all subparts None EXCEPTIONS: (part 9545.0560) , :•a) Siblings need placement together. Maximum Number: Seven children ' �I �� {{ a t0� _ F. Admissions subpart 2 subparts t .? j i t41 b)Home has live or six children°fits awn underage 18-Maximum Number. i (part 9545.0590) 1 and 3 l',4.1 , • ven children total- -- r I 'I c)Child nails to be placed G. Stag' subparts 3 and 4 subparts 1,2, �1 p again in the sante home. Maximum Number. •_4= (part 9545.0600) (Staff: Child 4,5(Staff : i I > �k�• en children total. Ratio} distribution ; 1 ; Statutory Ar tlrority:.IIS s 245.802 subd I . and group size) l t• sir. ',7: I •t f Illia............÷ 1111111-'"111111 MO NM 1.111 Mill 11111 Mill Mill II. IIIII ' '. MI INNI NMI MN NEI MN EN MI IMO'.1',",,'..,./ 11111 MIN , r.'. . , :,•.',,.,.!,.. . ''''..24.',..'':',-:,... ~P• . e I '. '.v .. ° ,H !;wI {/1 '.,�. •1.. ;Y4 tl .. •1 r dIY i: ''r,k.�. ;f ,r.[1. / N: I / t' t I'. 1 I yt;': I 9545-0510 LICENSING OF FACILITIES FOR CHILDREN . I 8832 y' 8833 LICENSING OF FACILITIES FOR CHILDREN 9545.0520 I H. Organization C',4� I Orgy subparts 3 and 4 subparts 1, .!', '�: 1 (pan 9545.0610) I ) 2,4 and 6 :'rtti � home Subp. 9. Day-care.Day e" means the care of children outside of their 1 [ Handicapped subparts 1. r� part of a 24-hour day by persons unrelated to them by blood or � (part 9545 ed items B,C,2,3 ire subparts 2, D;4 .v ,li ;; rouge.Day care includes group day care,family day care,m group family parts 9545.OG 10, s :,;, .4•r. day care(see also parts 9545.0310 to 9545.0450 I Appcnde.trs • ..r.mrwit'.. ' P Department. } I parts 945.0630 9545,0660, 9545.0646 ,i. ' i, Sub 10^ Dc lrartrocnt" means the Department of Human I 9545.0670 and 9S45,OG30 :, u, ,I'' Services.!1' 5tsh{t. U.D foe. Drop-in care.There are two types of drop-in care: t Statutory Aathurit7 MS s 245,302 steFid 1 ' ^ , .o A. Combined 1 History:L 1984 c 654 art 5 s SS program. The aexzptance of additional children into a I �Y,'" licensed child care program on an irregular basis(not more than one-fifth of the I 9545.0520 DEFINITIONS. 11'17,' center's week)but not to exceed the facility's licensed capacity during an • of theda any pare. day.The percentage of drop in children shall not exceed ten percent of thc� 1 Subpart 1, Accredits oracle. °Accredited coarse" means a course that is 'art: ' total attendance. I otfcred by or through an institution with an accreditation.Courses need not be a,ii I taken for credit, but must have an assigned credit value by the institution.An d '' B.TOE drop-in pmgend ii an Center egula total licensed capacity is based I accredited course is considered to be tfirce university r colt `.•,6.;G!i,. primarily on children who attend ot,an irregular basis. 1 or 30 vocational-technical clock hours of training. ty quarter credits `r Subp. 12. Facie y 1 g "; r. E7.°Fa es " means the physical environment in which a k''`', group day-care program takes place. I bp. 2. Affirmative action plan. "Affirmative action plan"means a state- ••* :. 1 ment explaining how a center intends to recruit tl:,,,(u,'+. Subp- fo o p day-care center."Group day-care or night means any x or P B persona without discrimtnatitxi, � 1 Subp. 3. Age groupings."Age groupings"mean: =: y;'dt' ;'r gram that,for compensation or otherwise,provides day or night care for six or I A. Infant:child aged six weeks through l5 months; ?t more children at one tine.The term includes,but is not limited to,programs for .y:,.;3 I / children latown as nursery schools,day nurseries,child care centers,play groups, B.Toddler child aged 15 months through 30 months "° , ::; ill' day-care centers for school age children,after-school programs,infant day-care centers,cooperative day-care centers, and Head Stan I C. Preschool child child aged 31 months through five yew; - :It., Stan programs. 1 D. Primary school child:child aged six thre <` ':i•i Sub 14,Licensed cu h pa y I eight years;and P- pact ."Licensed ca cif "means the maximum nurn- I E. Intermediate school child:child aged nine through 12 years TT;';u: ber of children who can be in attendance at a center at a given time. 1 Subp. 4. Aids.See staff-child care assistant_ -'{`%;: Subp. 15.Parent Subp. 5.Child Se development child care trailing ptrrgtaur.-Chill development `!I. Program that is by anboardofatriea�70 a nonprofit group I assistant training 'i•Ii 1 child care pment •_ar.OY.;i• - of the group P percent y six weeks, I g program' means a program offered by vocational-technical ;.;Y; minutes child care program..The board must meet at least every six weeks, , I institutes,junior colleges, and the University Technical Institute, involving-a'-•`.'1: `'!; :M i' rep sentativ o these board meetings shall s available all continuing inspection inui e a t minimum of 1,080 hours of activities and courses oriented to and focused on the t;;,: representatives about staff, This board shall make all continuing opera practical application of child development 4�.!.,::. tionat decisions about stn.$,Program,budget,and organization structure 1 Subp,6.Child development associate."Child development associate"means t: Parent cooperative shall be specifically exempt from rules in the following a person meeting the skill and competency requirements by the Office of Child - .'`,1,, pis' Development ;�;G; A. Definitions(4545.4520 I (9545.0520) no exentptiorts I Subp_ 7. Child development training' "Chill development training" shall ;E';: B. Licensing laws and procedures no exemptions I include course%that are relevant to the programs.All training should not be in O;.; {9545ty(95 I on taken:area..The following are examples of areas of training and courses which may ?`. f D. Facility(( 545.0550 no exemptions Program{9545.050) subparts 1,items Areas of Training Examples of Courses t~F '- !" .5 C and E;2; 1 " 4;5;6;and 7 I Child growth and development Child psychology : :.::,E. Health,nutrition,and safety no exemptions•I Family relationships Parent effcx-tiveness r'' '% Admissions to 9545.5906) I training "�;• •� F. Admissions(9545,0396} G. Sta1I(9545.060U) no exemptions Preschool methods and ;= subparts 1;2;3, I curriculum development Music,art �' items A,B, I 13unun relations Sensitivity training,study • and D;4(stair t of ethnic backgrounds ;distribution I Food and nutrition Menu planning • and group size); I Administration of programs Bud 5;and 6 I get,management .;.> i If. Organization andadtginistration 1 To be considered in entry level staff qualification,training must be offered subparts n 2,item 1 through an accredited body. These child development training courses qualify •'= • t (9545.0610) B;strhitern(2}; staff for group day-care centers but do not imply ceRificatioot by the State ;:il:. 4,item B 1 Dcff for group of Education, If a parent cooperative employs staff in the position of director, teacher, 1 and/or assistant teacher who are not parent members, hired staff shall not be 1 Subp.8.Canvnissioner.'Comrnisssioner-meansthecommissionerofhuman -•,.•:y-, * exempt from part 9545.0600,subparts I sea ices bParts L,2.3,and S. I •• _ Other rules for group day-care programs may be waived fora parent ooapera- . , Y ., ,' i t r: ,: 'E,. 1 t '. 1 e` ) n 1l^ ) r ■- f ','' i ,.,, P ,1, , j;r4Z 4:;--0,t y “1,t;,.., i Li, yfTt 1 a¢•`,. a. q�Q�Ar'dlY'! .s.' Hr� tr ,•a � to "WWI i 9545.0520 LICENSING OF FACILITIES FOR CHILDREN 8834 = 8835 LICENSING OF FACILITIES FOR CHILDREN 9545 0530 Tee 74 five as long as the health and safety of children is not endangered (see part 9545.0530, subpart 14). ;'. t 1 Subp.4.Provisional license.A provisional license shall be issued to all new Within the first year of licensure and annually thereafter,information on rite group day care centers for a designated period. A provisional license may be exempted sections shall be submitted to the department. granted for up to one year to a new group day care center that meets necessary Subp. 16 Person operating a group daycare L•cility, "Person operating altlt and safety requirements but does not meet all requirements for licensure. group day-care facility"indudesan individual,association,corporation,partner- Reason To begin a new program,some discretion is desirable. ship,any political subdivision of the state,and any agency,board,or department •rf i Satisfactory compliance: of such a political subdivision. A.The health,nutrition,and safety requirements of parts 9545.0560 to Subp. 17.Program."Program”means a combination of activities that,taken j 9545.0580 must be met,except as noted(see parts 9545.0561?to 9545.0580). together,constitute the nonphysical environment of a center.Materials and staff , B. The license is issued for a period up to one year and shall not be necessary to carry out the canter are part of the program. .?mod renewed after one year. /� Subp 13. Staff."Staff"includes: C. A plan for full compliance with standards must accompany the T A. Director:person responsible for all aspects of the operation of the application for licensure. group day-care center(e.g.,adininistrative duties,staff supervision and training, D. Written notification of the granting of a provisional license by the record keeping, program planning, budgeting,liaison with state and local agen- t department must be made to the child care operator specifying the reason, rtes etc.). duration,and conditions for continuing and/or terminating the provisional license. B. Teacher: person responsible for planning and implementing the This will include the plan that is required for full compliance. program of the group day-care center(e.g., plans and conducts daily program Subp. 5.Terms of regular license.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 Other titles used to designate persons with these responsibilities include teacher- another operator or site. director,head teacher,and lead teacher. C.Assistan[teacher:works with the guidance of the teacher and director B.The license is issued after the center has operated under a provisional to carry out the program of the center. license for a designated period(see subpart 4). D.Child care assistant assists the teacher or assistant teacher with all Subp. 6.Changes is licesse terms.Any changes in the terms of the license aspects of the planned program.Other titles:aide,child-care aide, must receive prior approval frost the department E Volunteers:persons offering their services to a group day-care facility Abp.7.Spf°ficatiers as license.The license shall prescribe the number and without reimbursanient other than for expenses ages of children to be cared for and the hours and days of operation Subp- 19.Staff development."Staff dove/opment"means programs of practi- ` Subp.8.Appeals.Any applicant or licensee whose license is denied,revoked, ", cal education,e.g.,workshops,courses,seminars,which focus on a specific topic not renewed may appeal to the commissioner in ac ordanoe with Minnesota ' with a designated Leader or facilitator for the purpose of job orientation,attitude Statutes,chapter 14.The department shall notify by certified mail any facility development,kerning or improving work techniques,curriculum development, whose license is denied,revoked,or not renewed.The grounds for the depart- s upgrading standards.Training may be on-site at the center or away from the ment's action and procedures for perfecting such appeal shall be stated The a 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 cerster community sources,local school systems,professional groups,vocational schools, must cease. colleges, or universities. Subp.9.Termination of service.When the group day-care center decides to Subp. 20. Waiver. "Waiver" means temporary permission to disregard a r terminate its service,notice of the closing must be sent to the department and particular licensing requirement or rule. the license must be returned. Statutory Authority:MS s 245.802 subd 1 t Subp. W.License re al The licensee must reapply for a renewal license. History:L 1934 c 654 an 5 6 53 t •' The department shall mail proper notice of license expiration and license renewal forms no less than 60 days prior to expiration of the license.The department shall 9545.0534 LICENSING LAWS AND PROCEDURES, make arrangements for the relicensing visit to determine whether the department Subpart I. Application forms,Application for license shall be made on the standards continue to be met. form issued by the Department of Human Services.Application may be obtained Subp. 1 L Sanctions.State law provides that every person who operates a from the department.Application for license is not complete until all supporting facility required to be licensed pursuant to Minnesota Statutes, coons 245.731 documents have been received by the department to 245.312, without a license,or who violates any provision.of those sections, Subp 2. Prelicensiag consultation.Applicants for lic]ensure shall make con- shall be guilty of a misdemeanor.Any person who niters or advertises a facility tact with the department to schedule prelicensiog consultation required to be licensed pursuant to Minnesota Statutes. sections 245.781 to Subpn 3.License.After application for a license has been approved by the 245.312,prior to obtaining such a license,except for the purpose of pre-enrolling giving staff and/or children,or who offers or advertises any facility in violation of:,my . commissioner, a license shall be issued gi g permission for operation. The provision of Minnesota Statutes,sections 245.781 to 245.312,shall be guilty of 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 Subp.l2.Right teenier And Inspect.Pursuant to Minnesota Statutes,section 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 - n umber of children to be present in the program at any one time,their ages,and the hours of operation_The license must be posted in a conspicuous place on the centers during hours of operation to determine whether standards are being nice - premises.- - - me r' - The dlitxt�tsiL ail representative present when[h=port hole In ine um .. IMO - MI i • - w - i r • N I UN 1 1 1 1 t 9545.0534 LICENSING OF FACILITIES FOR CHILDREN t 8836 8837 LFC1LtNSING OF FACILITIES FO8 CHILDREN 9545.0540 t Subp.13.Discriminationprottl hired.No program may discriminate inadtnis- \t t lions or demissions on the basis of race, sex, religion, creed, color, national 9545.0540 FACILITY. t origin,or source of Subpart 1.Compliance with otlaterlsiv9.The building must meet legal require- [ payment_In employment of stag,no program may discrirni- as merits for zoning,housing,sanitation, fire protection,water supply,and sew" 'e t name on the basis of race, creed, color, national origin, religion, or sex. No g g' ' P '� PP Y. a€ I program may discriminate on the basis ofphysi�at and/or mental handicap when ., t disposal. � the handicap does not prevent fulfillment of normal job responsibilities Reason: To protect the health and safety of all persons who occupy the I Satisfactory compliance: banding. � A.When applying for lieensure,every center shall submit: Satisfactory compliance A.The program must obtain written verification from the various local t (1)a signal statement about nondiscriminatory admissions hiring legal stating requirements have been met. t policy; , egal bodies statin that tt (2) an implementabie affirmative action plan designed B.In the absence oflocal regulations,compliance shall be satisfied if the minority children and staff where such affirmative minority P gned to recruit requirements of the Department of Health and the state fire marshal are met and groups are a part of the comma- it is so stag rn writing I oily. C. Newly constructed facilities and altered buildings shall meet din � B. No otherwise eligible child can be excluded on the basis of the requirements of the Slate Building Code. t specified characteristics,except Sub 2.Floor space. t (t) a program established to serve low income children may give floors p` There shall be a minimum of 35 square feet of usable t y g pace(primary space)per child in attendance,exclusive of hallways,bath- first priority Co children of this group only but shall not discriminate within this rooms, lockers, kitchens, and Moor space occupied by sanitary equipment,but t group; t including m ucting equipent and furnishings regularly used by the cluhlren. i (2)a program established to serve children of a particular religious Reason: Program flexibility and child movement needs require that ade- t faith may serve these children only but may not discriminate within the The program may not discriminate against children from other religious ou group quite space be available. t when a portion of their fund is derived from public sources_ g Satisfactory compliance: I C. Employment practices shall be based on bona fide occupational scale. A. The applicant shall submit a floor plan of the proposed facility to t qualifications. Employers shall not discriminate on the basis of the specified t characteristics by; 8. No more than 25 per cent of the � i p proposed primary space shall be I (1) occupied by equipment to be left stationary. c ( ) refusing to hire a qualified applicant; C. Where there is question about the usable space the licensing agent (2)discharging a qualified employee; shall measure the available primary space. (3)maintaining a system ofenrployment that unreaso Zablyexcludes D. The licensing agent shall designate the licensed rapacity of the ,i an applicant; or Pte- i c (4)estabitshing differences in tenure,compensation,terms of employ- Subp. 3.Program spare.Primary designated for the program shall be runt,upgrading,conditions of work, facilities,or privileges of employment. available only for the childit n when the program deli program is in operation.This space shall Subp. 14. Wairers. Rules may be waived,with the approval of the depart- include furnishings and equipment primarily for the pivgrani s use.Supplemen- t ment,according to the procedure established for such waiver, Waiver may be tart'space may be shared. m /�, granted only if the health and safety of the children are ensued. Subp.4.Clear lea 1Iways and stairways.All stairways and corridors leading to i Satisfactory compliance: exits shall be kept clear and free from obstructions at all times. l A A complete explanation of the reasons and purposes of the waiver Subp. 5.Toilet facilities.Adequate toilet and washbowls must be provided i11 must be submitted to the state agency at the time of application for licensure. in a well-ventilated place. ting B. Waivers ran be granted only in wri and only by the department Satisfactory compliance: and must be signed prior to the beginning of tinga 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 riles.Every applicant for a license shall be furnished with children or fraction thereof.Toilets and washbowls must be reachable. a copy of these pans. B. Training chairs, instead of the required number of toilets,artist be Subp. 16.Separate licenses.Separate licenses shall be required far programs provided for toddlers. maintained on separate premises even when operated under the same auspices. C.Water accessible to children shall not exceed 120 degrees Fahrenheit. roes separate license shall not be required for separate programs operated on tier Subp. 6.Sick children.Centers must provide care for a child who becomes sine Premises under the same auspices_ ill.Supervision must be provided until the child is picked up. Subp. 17.School.The name"school"may be used only by programs having Reason Children who are not well should not be required to be with a group t minimum of one teacher certified by the State Department of Education.One or involved in its activities. Neither should an ill child be placed in solitary certified nursery school teacher must be present during the major part of the confinement. Wevam for every 20 children. Satisfactory compliance:Space designated for use by an ill child need not be Statutory Authority:.ifS s 245-802 subd 1 permanently arraabrod but shall Statutory History:L 1984 c 654 art 5 s 58 A.tined only for other compatible purposes,e.g..,private&floe,library, staff's room;or '. l • 9515A549 LICENSING OF FACiL1T1E1xS FOR CHILDREN 8838 8839 LICE1�l.S[NG OF FriCII,ITILS FOR CHILDREN 1 9545.0550 B. effectively ty y protected from the main activity area and the kitchen by Satisfactory compliance This requirement will be considered fulfilled by any screening; and - one of the following: C.equipped with a child's cot;and sac C. within equipped with and hearing of,an adult. A. an adjacent play area where children are rotated in appropriate ''' ...k:--,‘ - t numbers to maintain 75 square feet per child for outdoor play, Subp. 7. Floors. Floors must be kept clean at all times, must not have B.adjacent park facilities within 1000 feet;or , spl inters,cracks,or broken linoleum,and must not be slippery.Carpeting or rugs a C ark spaco that is more than may be used but rugs must not be hazardous. Concrete floors shall be tiled, ; where daily transportation is provided.1Q�fcet from the group day care center, carpeted,or cushioned. �� Subp. 8. Room tom p Subp. 14- y to p isios during play.Play space must be adequately endosed- Ferature- 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. in ev facili ratio. 1 Subp. 10. Clexyliness.Premises shall be kept clean and sanity . Subp. I S. scle or (see e parts nt.Outdoor play space shall be equipped for Subp. 11. Sleeping place.A'cot or a crib must be provided for each child active LtutoryAuth Authority: s 4s 9545.0640 and 9545.0650). taking a nap in a s Statutory Authority:rt�f�s 245.8f12 sued S 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. ha general A daily activity. t: group day-care program must show evidence, in Satisfactory writing,of provision for the physical,intellectual,emotional,and social develop- ment 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 niaterials, B. Toddlers and preschoolers under the age of five years who are in Reason: To fit the developmental requirements, cultural background, and programs tasting more than five hours shall be provided with cots, characteristics of each child, day-care programs should consider: health and C_Children older than infants who are in programs lasting less than five nutrition needs,need for security,need for freedom,need for structure,need for hours shall be provided with washal,te mats or rugs for taking rests• compassion,and need for challenge. Every child needs individualization and freedom of choice,as well as whole- D.A child sleeping more than four to five hours must be provided with a bed, cot, or crib (depending on ability). The bed, crib, or cot shall have a group 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 plan shall 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 he of adequate size for the child's height Crib mattresses needs of every child.The program plan shall include appropriate ethnic,linguis- shall be covered_ tic,and cultural variations, must be B.The program shall submit a schedule of routine daily activities. G.Sheets,pillows,and blankets must not be interchanged and kept clean at all times.Bed linens must be laundered at least once a week or when C.The group day litre 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 developnten- dered when a new child uses the bed, ch tal levels and cultural backgrounds of children,su as: H. Reds used by meniberS of the household must not be used by the (I)construction:blocks,sand table,workbench,water play,trucks, children in the center. construction sets; I.Cribs shall not be stacked. (2)dramatic play:playhouse,puppets,phones; Subp. 12.Facility equipment and furniture.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 tree from sharp points or corners, splinters, or paints that contain lead. The facility and beads, matching ponder play, (tonne( boards, chalkboard, pegboard, puzzles, equipment must also be kept in good repair,with no peeling paint and free fruni g saints, debris and litter. (5)science learning plants,animals, magnets,gears; Reason: Children have certain developmental requirements that can be (6)library:books,audio-visual materials; facilitated by use of equipment and furniture designed for their age group.The (7)music: rhythm instruments, tapes r orris; health and safety of the children must be protected by an environment and (8) place to 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 mats.tunnels for crawling, (9) physical development: climbing bars, balance bars, tumblia and no his than 1.000 square feet per program must be provided. d Reason Good child education requires adequate room to engage in large- E. The program plan shall include both indoor and outdoor activities muscle activity under safe conditions.Outdoor space is also appropriate for other E An inventory of minimum cquipmeat shall be submitted as s cified learning activities. ma• — 11111 - - ma -parts 45.06 954 . . am v r �•,rt,! 7 it t i ,.V I't ,, Y r r 4 r :. all MN all IIIII 11111 IIIIII Mill Ili • I= OM MI MI • Ma IIIIII 111111 . IMP,i 4 1 1 t ti r { + r ' 1 J%1 y eye. 1 K tt' J,,rk',7, 1�� + ';'1::- ::r fi'� !.w INS 1� !iR74V 1 1Y r F,� .�a '`�j, ,4 i 95-6.0350 LICi;NSi1�lG OF FACIL }•-" + I'TELSS FOR CIBLDREN 8840 Subp. 2.Personal space. 8841 LICENSING OF FACILITIES FOR CHILDRE,V 9545.tss60 pace.There shall be open shelves for play materials and t books,and individual space must be ro personal belungrngs P for each child's clothing and other .? i.Toilet training shall be undertaken ni when Subp. 3. Communication with ,s� child's age and stage of dcvelo appropriate according to a 1 parent's plan.Children shall be of ered frequent e p or in cooperation ti it with the yrarents.The center shall establish and main- P [air Subp. 3. Communication and exchange of ideas and information and Id twecn opportunities iaes for tl hha eg the staff and parents. I. Children unable to wash their own hands and faces shall have their Reason:Primary responsibility for a child's health,well-being,and develop- hands and faces washed before meals and after toileting meat rests with his parent_Da K.Training chairs shall be washed before l hav and after each use. Satisfactory compliance: The center must provide cooperatively with parents. 1 Children under 2-II2 years of age shall have a separate area and with the following p cadence of compliance �' program from older children, A. The child's record shall show that planned conferences have been M. Before admission, the director sitar)ublaid information about the elks :t child's eating, sleeping toilcting, communication, and comforting habits and offered to parents in the center or at home. Conferences must be altered twice nce� i each year for ctul in the two years of age months for children under two. or older, and at least once every two N. Space used by children sleeping in cribs shall be separate from B. Every center shall have a written plan playrooms or classrooms. keep parents informed and encourage P on file for activities that will I Subp.the child Naps and rest in a group rage parent input needs of the child and the wishes of the parents.day-care program must meet the Subp. 4. Flexible programming.Centers serving provide for flexibility in programming. °g children under 2-1/2 must Satisfactory compliance: contact each day. g Each child must have individual persona! A.Each child shall be provided opportunity Reason: A at regular hours under conditions conducive rest for enough sleep for his age young child needs prompt attention to his needs to encourage B.Sleeping arrangements shall be so made that no child is deprived of skills,encourage consistency of handling,faster a.warm relationship,and provide °d 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 far Satisfactory compliance: sleep, A. Each infant shall be held during bottle feedings until he is able to Subp.G_Abuse proLuttited.No child shall be subjected to corporal or psycho- Satisfactory hold his own bottle bottles shall not be ro logical abuse by staff: propped. Reason: Although families differ in their approach to discipline, harsh or B. Each child shall be held,cuddled, and played with each day, threatening methods are not appropriate for nonfamily members- Compliance C Each child's attempts to communicate shall. be responded to.Staff through fear is not the goal of discipline. shall talk to and listen to each child. D. Infants and toddlers shall be Satisfactory compliance: a large pan of their waking day. ow freedom of movement during A.[vlethods time o ro used by the center shall be discussed with each child's parent at the time of enrollment. (1)The n°ncreeping infant shall spend B. No child shall be handled roughly, such as shoving, hair-pulling, carpeted floor or large ncreet, pend part of each day on a clean 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. Aping,spanking,or kicking of time. During the infant's waking hours, a pia p '�or for short periods infant can watch others. Several hours each day be shall pal utside where the D. isolation and exclusion time shall be geared to age of child, not to or playpen. exceed ten to IS minutes.Ifs child is isolated,the room must be well-ventilated and well-lighted and within sight and hearing of an adult. A child shall not be (3)The toddler shall be allowed and encouraged to move about in a locked room or closet eitplore,and handle safe objects E. No child shall be humiliated,shamed,or labeled foster his E.Each child physically,provided with materials aemotionally.d a u t(S Ctpart F.A child shall not be punished for lapses in toilet training foster his d G. Meals and snacks shall not be used as a form of punishment. F. Feeding time shall mxt individualized needs of children, H. No discipline shall be delegated to another child. G. There must be a flexible Subp. 7.Mutts with children at weak;.Adult sore givers shall be seated with shall be kept d plan for diapering and tailetrng Children children at snack and meal times. Pt dry and comfortable at all times.A complete change of clothing shall Statut be brought from home to be used as needed The child shall be changes in his �7 Authority:_41S s 243.802 sax, crib or on a table with a change of covering between each diaper change. Staff members shall wash their hands after changing 9545-0560 HEALTH. the child shall be washed with a separate cloth orltowe� Before being diapered, Subpart I.Duties ealtha director.The opmentofeach program ble for observation of health and development of children,handling i be llness i s H.An adequate supply of clean diapers shall be available. Diapers may center,accident prevention and emergency be provided by the parent, When diapers are provided by the center,they shalt complete,and informing procedures, keeping health records be single-service and parent. able.Diapers shall be id g parents about community resources. rod in a sanitary manner. Reason: Health promotion in young children requires regular observation, accurate record keeping,and systematic follow-a 1;, 9515.056O LICENSING OF FACILITIES FOR CHILDREN 8842 1 8843 LICENSING OF FACILITIES FOR CHILDREN 9545.0570 li Satisfactory compliance: I A.The director may perform Chess specified activities, Satisfactory compliance pee es,or he may delegate A. The center shall obtain written permission from the child's parents these duties to another paid staff member. prior to the administration of any medication,prescription or nonprescription. B. The person responsible for health shall demonstrate skill in record t B. Medications shall be kept in their original containers bearin the keeping,communication of health policies,and referral to community resources 4. original label with legible information stating: g within one year after licensure. •Subp. 2. Consultation.Continuing health consultation shall be sought from ! (1) prescription number, appropriate private or public community resources to eesist in developing health .Air ' (2)name of drug; policies and keeping them current;to assist is screening,referral,and follow-up ) strength and quantity of drug; procedures;and to provide advice about children with special needs. .. (4(4)expiration date of any time-dated drug; Satisfactory compliance: (5)directions for use; k. All programs shall seek regular consultation with a physician or (6)child's name; /e4. 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 eared 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 naedica- 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.I Iealth statement.The center must require a health statement signed label shall be returned to the parent for relabeling at the issuing pharmacy_ 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(see part 9545.0660) labels from the drug containers for each child. - E.Medic ttiom having a specific expiration date shall not be used after B. If a child's health care summary is not complete at the time of the date of expiration. -' F.Medication must be stored out of the reach of children or under lock. =eluded or within 30 days after enrollment,the child shall be ded from .9 G.The any g the pmgram. parent must be informed when an medication is given. C. If a child's immunizations are not up-to-date at the time of enroll- Subp.6.First-aid kit.A ten-unit first-aid kit and directions for its use must ' meat, evidence of a plan to get them up-to-date must be on tile at the center be available. 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 by directions: band-aids, sterile bandages, sterile D.If a tuberculin skin test or X ray is positive,evidence of satisfactory comprrssa ,adhesive tape,magnifying glass with needles and tweezers for rcrnov- treatmrnt et follow-up must be recorded ing splinters,soap(with wafer)for cl aping cuts,abrasions,etc. fres E.if object Subp.7.Towels or air dryers.Paper towels,roller towels,or air dryers must parents of a child object to medical examination or treatment on be provided for the children's use. grounds of their religious beliefs, the child's record shall contain a health care summary completed by the parent and a statement signed by the parent indicat- Subp.8.Toilet articles.In programs prlyidin tiff steep care of four to five hours frig their objections to medical examinations and treatments on grounds of or more,each child shall have his own clearly identified toothbrush,comb,towel, 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,te, 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. I0.Toilets .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 tune 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:AfS s 241802 subd 1 B.A plan must be made with each parent about emergency and illness care that shall include the information specified in part 95-45.0590. 9545.0510 NUTRITION, Subpart L.Balanced meals,A group day center must provide or ensure the C.Any important infections or communicable disease must be reported to all parents. availability of adequate and nutritious meals and snack s appropriate for the ages Subp.5.Medications.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 daily food daily for each meal and two Snacks or two meals and one snack mini- authorization to administer medication must be shall be provided daily for each child in care five care nine eight hours.A mini- must be labeled, given by a parent. Medication mum of two meals must be offered to children in care nine or more hours unless cad,stoned under lock,or oat of the reach of Children. 111111 1111111 11111111 IIIII SD 111111 11111 NE 11111 NM ilikrilaltbesilir an11111t in III 111111 11111 11111',, 111111 - • MI M- • -r--111M-------1111111 --.M____11111111_____1111111____. MO .-.- _ -1111111_ - All .- MI WO T�;? . •fl 9545.0574 LICENSING OF FACILTuttS FOR CHILDREN 8844 1 8845 LICENSING OF FACILITIES FOR CHILDREN 9545.0580 Reason; Balanced nutrition is basic to health. Eating habits and attitudes B.B. The sources, preparation, handling, and storage of formula, milk, about food are formed in the early years. Eating should be a pleasant social t; . solid foods,and supplements for chikiren under one year of age shall be approved experience,and staff should eat with the children_Children should be encouraged a.t2.1. ` by a physician.These policies and procedures,signed by the physician, shall be but not forced to eat. -"slit i kept on file at the center. Satisfactory compliance: - 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 .'r" intake of the infant. adequate quantities of the basic four foods appropriate for the � " age of the child �'' '.' D. Each infant's fending schedule shall be*available to staff: (see part 9545 0670). Ethnic food shall be included where appropriate.. 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 from Satisfactory compliance: home. These are acceptable when parents are informed about nutritionally A.Water bottles for infants shall be adequate lunches.The center shall provide supplements to bag lunches as needed prepared, and handled and i protect c l and limper refrigeration. for each individual infant• Each bottle shall be stored and handled to protect C.Snacks shall include a beverage _ against contamination. Each infant's usual need for water shall be recorded,as rage 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 intervals and served at least 1-1/2 hours before meals. provided in D.The admission interview shall include information about food habits t individual drinking cups or approved drinking fountains and practices,food likes and dislikes,and cultural patterns of food selection and - Statutory Authority:MS s 245.802 subd I preparauon that may be used by the staff in serving foods. 9545.0580 SAFETY. Subp. 2.Mena planning.Menus must be planned in advance for a cycle of .--Z,—a 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. .. group served. Reason: Cycle menu planning saves time and results in more carefully _ Satisfactory 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 tionaily 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, parents know what foods are served,eliminating duplication of menus at home B. Fire prevention precautions shall be consistent with the State Fire Subp.3.Food preparation.Group day-care center personnel shall understand - Marshal's Code. personal sanitation and methods of handling, preparing, and serving food in a C. Written procedures for accident prevention shall include at least safe and sanitary manner.The preparation of food by children must be carefully • —1+ poisoning,D. Accident and choking,injury,burns, and pedestrian accidents. supervised.The program shall comply with the provisions of applicable state and D. Accident reports or an accident log must be kept on all accident local food ordinances. 's except minor scratches and abrasions.Reports should be analyzed at least annu 3 Subp. 4. Stperiul diets. Consideration must be given to the modified or ally and procedures adjusted to prevent recurring accidents. therapeutic diet needs of children as prescribed by sourov of health care. E.Staff shall have a practical understanding of at least the center's safety Satisfactory compliance l procedures, special hazards, and common accidents occurring at the center, detailed instruction in evacuation procedures, use of the fire extinguisher,and A.The diet orders must be filed and the entire staff informed of the diet how to report accidents. restrictions. F.The person in c B.The director must check with the parents about the length of time the charge shall know where the fuse box is located,and child is to be on the diet. how to pull the main electrical switch. C.The diet plan is to be carefully followed by obtaining the consultative Subp. 2. Emergency procedares. Centers shall establish procedures to be ,; followed in terse of emergencies or accidents. services of a qualified nutritionist or dietitian to interpret the diet orders as -,- Reason:Advance planning is necessary to ensure safe,efficient actions in a needed. period of emergency. D.For the child requiring a rigid diet because of severe diabetes,sodium restriction,ketogenic, or phenyfketonuria,food must be brought front home. Satisfactory compliance Subp.5.Infant diets.The diet clan infant shall be determined by the child's • A.of transportation,for fires,tornadoes,failure,blizzards,illness of stag; accidents, in consultation with their source of health care. M breakdown of transportation,power failure,and missing persons shall be deter- parents Where appropriate,plans for emergency shelter ofchildren and staff must Reason:Nutritional adequacy and sanitation are the two"musts?'of infant be be designated. feeding. :a- B.All staff and children shall participate in monthly fire drills based on Satisfactory compliance: • • ,-•,or., .-{ or fire evacuation procedures. A.Formula r milk and solid foods,including vitamin and iron supple .... .. , C.Written plans for fire emergencies shall show primary and secondary mints, 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.:......,/:.., :...-rrn,a:,......i.,u h„n3'r,in.•rt f„y,.,a the.narrnt - - ..':,. and closing-off of fire area. in that order of nrinrity. via i v, • 8847 LICENSING OF FACILITIES FOR CHILDREN 9545.0600 9545.0580 LICENSING OF FACILITTh5 FOR CHILDREN 81146 41 4 I.written permission for the child to participate in activities not spon- Subp. 3. Fire extinguishers.Centers must be equipped with the number of Bored 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 activityk and working order and checked annually. t K special diet needs. Subp.4. Ekdrical outlets.All electrical outlets must be covered or protected t Subp.3.Comntnni ation between parents and care giver.Admission policies when not in use. ec Ir and procedures must ensure initial and continuing communication between the Subp 5.Telephaoe.Every facility must have a noncom -operated phone that 4 ' family and the facility to assure compatibility in their mutual responsibility for is readily accessible. the child's welfare. Subp 6. Emergency plume nnaabers.A list of emergency numbers shall be Satisfactory compliance: prominently posted by the telephone:police, fire, doctor, ambulance, hospital. ?'-.4.;:, A. a plan for admission of the child that includes a preadmission Subp. 7. Emergency transportation.The center shall make arrangements in • conference with parent and child;and advance fur emergency transportation. B,a plan for continuing contact between the Subp. 8. Protection of hoc surfaces. Radiators, fireplaces, hot parents and the center,part radiators,and other hot surfaces shall be protected by guards pipes, steam 9545.0550, subpart 2. Subp.9. Hazardous araterials sr tools:Sharp scissors,knives,matches,and Stslntory Authority:MS s 241802 subd 1 other potential hazards to children shall be stored out of their reach.The use of 9545.0600 STAFF. potentialfy hazardous materials and tools by children shall be supervised. Subpart I.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 handrailings. background with which he works.Note: For an explanation of the term "child Statutory Autbarity:.iJIS s 245.�4D2subd I development training course"used in this part,see part 9545.0520.The qualificat- 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; a 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 program, staff relationships, and day care Subp. Z. Decisions made by care giver. Admission procedures developed operations.Administrators with teaching duties must also possess the qualificat- ' musrprovide the care giver with sufficient information and instruction from the mature of a teacher.The director Shall be at least 18 years of age and shall be a parent to enable the care giver to make decisions or act in behalf of the child's mature respTeaihe person. welfare in the absence of the parent B.Teacher:alternatives for qualification. Satisfactory compliance:Prior to admission of the child,the care giver shall NaurtbDevelo me n red obtain written information from the person or persons legally responsible for the Child development child covering the following iterne Training Courses or A.the child's full name,birth date,and current address; ' Training Experience Hours B. the name and address of the parent or parents. or of the persons) (1)Postsecondary PLUS PLUS legally responsible for the child; certificate in One Year(1560 1 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 100880 hours) E.name,address,and telephone number of the health care source to be (2)(no r called in case of emergency; requirement) PLUS PLUS S F. names, addresses, and telephone numbers of person(s) who can two years(3 f 20 3 courses assume responsibility for if the hours)nt or Y parent cannot be reached in an erncrgen- Assistant 90 hours cy; 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 the center to act in an emergency situation when the parent cannot be reached any field from an as 6 courses or a-mil or is delayed in arriving; accredited college * 180 hours I.written permission for participation in specific research,experinteata- or university (May be included MI IIIIII MI IN don.or publicity activities. 111.1 MS OM in um Mr , kl. 1 111111 MO — — — — — — riir,f! RS`Rn rr.r,,y,k,r,,,�,f,1 r". �,'� I Y$^ I ,'!'�{PP tt • J 11 J... 1 l' Yt I � 4.1.1'. I.. r ��411 , r 1 ' 0,'',. 11 v• 1 l A 1. 1• Y .,tT''!1,� r rr - l. .. .�R .JIr �:? }, r,l�e � w. µ,r I. ;.".y ,1 .,11.1 _r�A�{ t" i y. !I :s �.t 7 f• ,t .4. .,;: ftx .,9`■r<`': .r ..1'% a e•'; ..r, 1 I Yr.,: '. .v, ° rT .s: ::• r 4 .P,•� �MIr11Y' -1r,N • . t C . �. ` _ 9545.0600 LICENSING OF FACILITIES FOR CHILDREN 8848 I NS 8849 LICENSING OF FACILITIES FOR CHILDREN 9545.0608 as part of BA or education or �• OR BS degree) GR 90 hours (4)A degree in Child PLUS I Development or Nursery •x (no requirement) : (4)Infant-Toddler Six months(780 PLUS Kindergarten Education l Only hours)with infants 3 courses from an accredited and/or toddlers or college r university # i as a licensed 90 hours OR Family Day Care 7. • (5)Certification by PLUS Provider or a .• the State as (no requirement) Group-Family Department Day Care Provider of Education for OR Nursery School (5)School-Age Only One year(1200 (no requirement) OR hours (6)Compliance with (no requirement) (no requirement) )in a the competency level ) related field{e g., requirements of Child playground Development Associate leader,tutor, OR student teaching, (7)Infant-Toddler Three years(4680 PLUS *» teacher's aide) Only hours)as a 3 courses Infant-Toddler Only_1 SO hours of experience in an infant and/or toddler or licensed Fancily o program. (no requirement) Day Care Provider or hours D.Teachers and assistant teachers employed on the date of promulga- or Group Family lion of these standards must comply with one of the alternatives for qualification OR Day Care Provider within three years after that date. 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 rare training course,or orientation training course in the State Department of center. Education for Elementary (2)The child care assistant must be at least 1 S years of a or Secondary ye age. dary 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 am 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 adncinistra- C. Assistant teacher.alternatives for qualification. five,teaching,and support services staff members,including volunteers,must be Number of Accredited a part of very center's educational program. Child Development Reason: Proper preparation and continuous training of the total staff will Training Courses or °v better ensure development and maintenance of high-quality day care services. Training Experience Hones Satisfactory eompliane (1)Postsecondary PLUS (no requirement) A-Each center shall be responsible for working out a plan with each staff ccrttfccatc in Child a* ) person with direct teaching responsibilities or direct responsibility for supervi- Dcvelopmrnt Assistant sion of that stall',e.g.,director, for a minimum of the equivalent of two percent Training Program of his/her work(tours to be spent in staff development . (minimum of 1080 hours B. This training ran be provided by individual centers, a sponsoring OR agency, community sources, local school systems,professional groups,colleges, (2)(:to requirement) Six months(780 PLUS universities,or area vocational schools. hours as Child 3 courses C.All other administrative stall,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 weeks 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 emotional/ postsecondary »» 3 courses - cable disease, y com pcteat to care for children and free from serious oommuni - Ott r 9545.0600 LICENSING OF FACILITIES FOR CHILDREN 8850 ly :a. = 8851 LICENSING OF FACILITIES FOR CHILDREN 9545.0600 Satisfactory compliance: C. Pre-School: 31 months through five years. l'•' A. References must be required by the director from all child care staff •` I Staff Ratio: one to ten r relating to their ability to care for young children. r :. Group Size: no more than 20 children in an activity group. B. Prior to employment, the paid employee must submit a statement • f,. ,,. Staff Distribution: one teacher for every 40 children, O 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 one teacher or assistant teacher for 0., C. AU stall'mist submit evidence of freedom from tuberculosis before every group, employment and annually. + D. A probation period must be set for new employees, during which . I child care assistants and volunteers physical,mental,and emotional competence to care for children is evaluated and ., an , 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. e- hazard to the group shall be excluded.. D. School-Age: six years through 12 years, CI F. No person shall be hired or retained as a staff member, paid or Staff Ratio:one to 15. S volunteer, who has z Group Size: no more than 30 children in an activity group. (l)been convicted of or admitted to or been the subject of substan- Staff Distribution: one teacher for every 60 children, sal evidence of an act of child battering,child abuse,or child molesting; + (2) used alcohol or drugs such that its effects are apparent during one teacher or assistant teacher for .i working hours that children are in care;or every group, (3) been convicted for or admitted to any felony or any offense + 0 child care assistants and volunteers 'e.;involving moral turpitude.. i as needed to meet staff ratio. Subp,4.Staff ratio.Staff ratio must be met and maintained by operators of ,;,4 Subp. 5. Personnel policies.Each center with more than one staff member % all programs: appropriate distnbutiott of staff shall include a team that has must set personnel policies-relating to health, working conditions, in-service individuals with competences of a teacher, assistant teacher, and child care -° training,probation period, assistant. Volunteers under supervision may be counted in the staff ratio. The lR od,evaluation,sick leave, state vacation,benefits, and salary H staff member must be with the children to be included in the staff-to-child ratio_ increments Policies shall comply with appropriate state and federal laws. Where there are children of different ages in the same group, the ratio for the Reason:It is important that there be a clear understanding between admirals- Cr: •youngest age group shall prevail. Janitors and bus drivers shall not be counted tration and staff about the work situation and the responsibilities of both the in the staff ratio when performing these duties administration and the staff member. r ff Reason: The administering agency must ensure that capable staff in the 4 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 personae!policies This statement shall include: �� safety of each child and that each member of the staff has a clam understanding A. policies in accordance with fair employment laws and regulations; ofhis responsibility as explained in orientation sessionsand provided in a written ,e. B.job description for all staff; form. ne. C. description of probation period and method of staff evaluation; 4 Satisfactory compliance: D. a clearly defined in-service training program;and le A. Infants: six weeks through I5 months Staff Ratio: one to four. ", E.policies on hiring, firing,promotions,and salary increments. ti ' Group Size: no more than eight in an activity group. Subp.6.Staff ratio during naps.In centers providing sleep care of four to five Staff Distribution one teacher for every 16 children, hours or more, staff ratios specified in subpart 4 shall be maintained until the + children are settled for sleep. While children are sleeping,a minimum number one teacher or assistant teacher for - of adults must remain awake and available to the children throughout the sleep every group, :;c. period. + •! 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. C. one adult for every 20 sleeping preschoolers but no fewer than two ,i Staff Distribution: one teacher for every 23 children, } 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, e two adults for the center, f• + e.e, Subp. 7.Substitute staff.The director shall make arrangements in advance child care assistants and volunteers substitute stall as needed to meet staff ratio. 4 r Statutory Authority:MS:245.802 subd 1 MIN MI NM MN III OM ON OM . um Rai NW I III • NM Mil 111111111 0111 MN IIIIII MI MI MI 11111 11110 MOO MI 111111 =II OM MIE INN • 9545.0610 LICENSING OF FACIIIIIZ:S FOR CHILDREN •` '`ii"''` 8853 LICENSING OF FACIIITIE5 FOR CHILDREN 9545.0610 9545.0610 ORGANIZATION AND ADMINISTRATION. ,�, day-c re pgra . I A.daily attendance records for children; Subpart I. Written policies. A group day-care program shall have written policies available for inspection by the department.These policies shall be made B. current staff records containing, as a minimum, identifying and available to parents and staff members emergency information, health clearances, education., experience, and current Reason Established policies and procedures facilitate consistency and pro- training,and terms of cmploymeat; mole understanding. `` C.current record for each child containing information specified in part Satisfactory compliance:There shall be written policies covering the follow- 9545.0590,subparts 2 and 3; ing areas aan D.list of all current staff members; A. the type of program offered to children and their Parents; r%` 4 E.list of available substitute staff;and B. the ages and numbers of children in each age group to be served; ,."14 F. staffing pattern showing staff to�hild ratios during hours of opera- B. hours of operation; lion. D. days of< Subp. 5.Transportation of children.When ➢ operation; group day-care center, children must be protected is provided by a E. meals and snacks to be served P be properly operated and maintained vehicles,adequate staff supervision, licensed drivers,safety prex au- F.provisions that can be made for spocia!needs of individual children; lions,and provision for liability insurance and for adequate medical coca. G.admission requirements and enrollment procedures; Reasore:A group of young children,particularly when infants and toddlers H.admission action plan; are included, traveling together in cars or buses,presents a special hazard that 1. plan for parent information; n plan; ix different from that of school children or of the normal passenger traffic that was 1. plan for parent substitute staff; considered in the development of protective laws on transportation in most states. For the children's safety, it is therefore important to require additional K insurance coverage; - provisions appropriate to the age and development of the children. L.procedures for the handling of sick children; • Satisfactory compliance: J1. provisions for illness and emergency care; A.Vehicles must have standard equipment and be in satisfactory oper- N,accident prevention procedures; ating condition. Each vehicle must have a fire extinguisher and a first-aid kit. O, accident prevention 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 from the Drivers License Division, Depart- personnel policies;and ntent of Public Safety,Saint Paul,Minnesota.) S.fees and the plan for C. If infants or toddlers are transported,there must be a minimum of P payment_ 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 authority must be clearly defined for every group day-care vehicle if five or more children are being transported. facility. Satisfactory compliance: E.Each child transported shall have and use a seat and a scat belt white A. The name, address, and telephone number of the individual or vehicle is in motion.Infants shall toddlers in toddler seats.be transported in special approved infant governing body legally responsible for the center shall be supplied to the licensing F.Children and sponsoring groups must be I°" agent ance,and provisions for adequate protected by liability insur- B.The legally responsible P de*laate medical care must be made. for. ponseblc individual or group shall beheld accountable G.A preschool child ore toddler may not be left unattended at the time of pickup or delivery. (I)determining and implementing policies; H.Except in unusual circumstances,children are not to be transported (2)the performance of the director of the program 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. Vaal 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 clan unusual atlllg condition. Each vehicle must have a tire B.All drivers must meet requirements For a Minnesota Department extinguisher and a first-aid Lit. accident,such as the death or serious injury of a ftzild,a report shall be submitted u tment of to the department. A serious injury shall be defined as one that requires the Public Safety Class B driver's license,permitting operation of a vehicle designed hospttalizztron of the child A report shall also be submitted following the and equipped to transport more than ten passengers(Information available front occurrence of a fire that requires the services of the Ere 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 ve or school (sus labeled"School Bust or with All personal records must be kept confidential. school bus sign uncovered,must have a Minnesota Department of Public Safety required n cords. Satisfactory compliance:The following shall be made available to the licens Class B driver's license with School Bus Endorsement. (Information available ing agent from License Division,Department of Public Safety,Saint Paul,Mtnne- I , t IF 9545.0610 LICENSING OF FACILITIES FOR CHILDREN 8854 ; 8855 LICENSING OF FACILmES FOR CHILDREN 9545,0630 D. If infants or toddlers are transported,there must be a minimum of Subp.4.Evaluation of child's progress. progress on adult for every five infants and toddlers in addition to the driver. shall be evaluated no less than annually by a uaiied coonsultant handicapped child E. There must be at least one adult in addition to the driver in every Statutory Autlu►rity;1%fS s 245.802 subd I vehicle if five or more children are being transported. i I Drivers and passengers must wear seat belts when the vehicle is 9545.0630(FOR EQ CHILDREN).MEN.AND SUPPLIES IN LATCH KEY PRO- equtpped with them, infants shall be transported in special approved GRAMS{E'OR EVE Rk'20 safety seats, toddlers in toddler seats. PProved infant " Quality of equipment is to increase in proportion G. A preschool child or toddler may not be left unattended at time of +�4 center. p potion to licensor! capacity of pickup or delivery. Provisional License Regular License II. Except in unusual circumstances,children are not to be transported 1 (additional more than one hour per trip. _ equipment and I. No more than three persons, including the driver, shall occupy the Furniture: 1. 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 ance and provisions for adequate medical care must be made per child;no folding . Subp.7.Insurance.Group day-care centers shall provide insurance coverage. chairs)_ 2. First-aid kit. Satisfactory compliance:A certificate of insurance shall be obtained showing 3. Cot with blanket(ill child). the following: a. C st Chairs with backs(foraff). A. general liability coverage for bodily injury ($100,000 n;per '•:. / 5. Low open shelves and bookcases $300,0(}0 per suit); (one foot per child). B.automobile insurance,where Iran 6. Space/equipment for maintenance ter, including B. secondary coverage sportation is provided by the cen- of children's records. ry �e 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 uneutployment insurance, a g. 8. Area rug or carpet. Statutory Authority:MS s 245 302 subd 1 9. Equipment for a child's private 95x5 8620 GROUP DAY CARE CENTERS SERVING THE EDUCATIONAL hide-away corner,e.g.,pillow, LY OR DEVELOPMENTALLY"HANDICAPPED'CHILD. , covered mattress,bedspread. Subpart 1.Written permission to enroll.Written permission must be obtained Active, 1. Four pieces of a variety of Six Pieces from the licensing agent prior to enrolling handicapped children. large-muscle recreation sports equipment, Reason: Centers are encouraged to integrate handicapped children into a plat for example: group of normal children whenever feasible for the center and for the child (fur indoors) equipment for volley hall. The special needs of the handicapped child must be met.'Handicapped"is ping Pong,basketball,obstacle defined as involving a sensory defect,physical or mental deficiency,or emotional course,rope climbing,tumbling. disturbance. climber Subp. 2. Censttltation reenrollsteat.The group daycare center obtain ham the assistance of a qualified consultant prior to the enrollment of any handicap- -. trampoline ped child. 44 Active, 1. Four pieces of a variety of Six Pietas Satisfactory compliance: large-muscle recreation and sports equipment, A.. The center shall have written program modifications based on the play: (for q cut' Y for example: determination of the qualified cmnsultant and the needs of the individual handi- outdoors) standard heavy duty playground capped child.These program modifications shall be understood by program stiff_ equipment 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 ofstatfasreoommendedby the consultant shall bearranged_ Art and 1. Phonograph E.Modifitations oldie physical facilities shall be made asrecommended music 2. Records-at least ten tl least 1 by the consultant and in conformance with the State Building Code. activities: 3. Materials for crafts-at at least 1 S Subp. 3. Information about handicapped children.Prior to the admission of least six types at least - any handicapped child,the pes-e.g.,tile, at lest the parent, the physician, group state or local education lnagency about any 'Nord,clay,paper mache,paint., g types leather,foam,beads,shells,paper special problems or needs that may affect the child's use of the program.Where 4.indicated,a psychological evaluation shall be made and be available to the center. Dramatic tit ea for dramatic play opportunities r - . - MN ME Mill 111111 -E 111111 - - 111111 r r IIIII h O9CI "1. .r'.f FRl nf.AAF"a' Aq"wA,."4'Eir1x? y 09111,,'' i, 9 . i.. '.1 roe F ■R..a,Pt Vri:^,.1•,� P"TF > p' N .I 11111111 95I5.0634 LICEPISING OF FACILITIES I7ES FOR CHILDREN 8$36 ;; 8857 LICENSING OF FACILITIES FOR CffIi DREN 9545.0640 Play: equipped with: folding chairs) 1. Materials for cooking and 2.One cot per woodworking_ licensed capacity 2. Materials for theatre arts, 3.First-aid kit costuming,puppets,and durable 4.Cot with blanket mirror. t {fur ill child) Ponder Play: I. Materials and equipment for 5.Chairs with tracks (for staff) opportunities to: rea d,play 6.Low open shelves €Mmes,cook,sew,experiment. -", 2. Books-one per child. Books-two and bookcases{one .. foot per child) 3. Games-one per child 7.Space/equipment per two children. Games-one for maintenance of • 4. Puzzles-one per child children's records loots perchiid. 8.Individual spaces 5. 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) 1.Large building I.Durable large building Expendable 1. Clay and playdouglt blocks(may be of blocks-at least 48 supplies: 2. Tempera and finger paints(Wort-tonic) -- nondurable material) per every 20 children 3. Paper(colored and white) at least 24 2..Three pieces of 4. Paste(non-toxic) 2.Two pieces of durable large-muscle S. Scraps-collage materials durable large-muscle equipment per every 6. Paint brushes equipment per every 20 children 7. Crayons 20 children such as: S. Blunt scissors climber 9. Aprons or smocks rocking boat triangle set Fine motor 1. Manipulative toys-one per tunnel development every two children;e.g.,Erector 4.4. walking plank set.Lincoln logs,Tinkertoys,pegs Active,Large-muscle Play:(for indoors) and peg boards,interlocking plastic 1.Two pieces of I.Three pieces of forms,building bncks durable large-muscle durable large-muscle equipment such as: equipment Language I. Pictures climber development: 2. 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. 4, Art and Music Activities: Statutory Authority: MS s 245.302 sulxd 1 1.Phonograph 3.Double easels-one h 9545.0640 MINIMUM EQUIPMENT AND SUPPI.1RS FOR PRESCHOOL 2. astsixs-at for each 15 children PROGRAMS(FOR EVERY 20 CIfILDREi 1). least double 4.Rhythm-attd 3.One double easel 2.Records-at least ten Quantity of equipment is to increase in proportion to licensed capacity of Dramatic Play: + facility. 1.Small blocks(at 2_Six small durable Provisional License Regular License Programs Operating least 2110 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 3.At least two Furniture: for block area areas for spontaneous I.Sufficient tables 2.Mats instead 3.One spontaneous dramatic play each and chain with backs of cots dramatic play area having at least three fur children(one with at least two pieces of equipment chair per child-no pieces of permanent 4.At least one full t 9545.0640 LICENSING OF FACILITIES FOR CHILDREN 8858 ir'i. 8859 LICENSING OF FACILITIES FOR CHILDREN 9545.0650 equipment; length mirror pretend area 5.Drr.,s-up clothes 0.c ; 9545.0650 MINIMUM EQUIPMENT AND SUPPLIES FOR INFALVT AND work bench(woodwork AND TODDLER PROGRAMS(FOR EVERY 20 INFANTS AND TODDLERS). and tools) Quantity of equipment IS to increase in proportion to licensed capacity of housekeeping area; I facility. e.g.,doll bed,stove, Infant Programs Toddler Programs sink,refrigerator, i cupboard,etc. -" 4 Furniture: 1. Sufficient infant-sized 1. Same as furniture 4.:\ccessones: tables and chairs with for preschool dolls,dishes,pots 4,-.. I backs for infants able • program plus: and pans -!7..:\ f 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 alb with 2. Training chairs 2.Puzzles-one per 2.One per every mattress and blanket every four children rwo children per infant in 3.Cognitive games- 2a.Puzzle rack attendance one per every tour 3:One per every 3. Ten-unit first-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 of paints(nontoxic) children's records 3.Paper(colored and white) 8. Adult rocker 4.Paste(nontoxic) 9. Individual space for 5.Scraps-collage materials , outer l-iau clothing 6.Paint brushes 10.. High chairs 7.Crayons 11. Infant seats 8.Blunt scissors 12. Baby walkers 9.Aprons-smirks 13. Bathing tub 13. Bathing tub - Fine-motor Development: 14. Changing table 14. Changing table 1.Manipulative toys 1.One per every with cltangeable with changeable -one per every four three children covering covering r."tt children;e.g.,pegs 15. Diaper pail with 15. Diaper pail with and pegboards,beads - ` liners liners and strings,inter t 16. Area rug or carpeting locking plastic forms 17. Play pens 2.Sand or water play 18. Gates as needed 18. Gates as needed • • equipment for safety for safety Language Development: 1.Pictures Active 1. Large building blocks Same as preschool 2.Bulletin boards large muscle (may be of nondurable programs 3.Flannel board and play- material)-at least 20 flannel sets 2 Five pieces of durable 2. Five pieces of large-muscle equipment durable, Food Service Supplies: for every infants 20 i 1.Dishes,silverware, large-muscle ent and cups,if meals s such ' equipment 20 for are to be served every 30 toddlers,such Statutory Authority:MS's 245.802 subd 1 as: . Baby bouncers Two-step slide 5. Large turning balls Rocking boat fr, Body wheels Indoor gym III UN 11111 NE 11111 ill la NM 11111 ail 11111 ain MINI SIN NI INN 11111 our I am NM ■IIIII MI- r all MI MI M MI — — MI r ; .r 4 r ,1).. 9545.0650 LICENSING OF FACILITIES FOR CHILDREN "' :7 1 8860 8861 LICENSING OF FACILITIES FOR CHILDREN 9545.0674 " t Riding stools house PAREI•cr(S)OR GUARDIAN 1 3. Large open plastic ball 4. Water play equipment Date of last physical examination: How long have you been seeing this child? '¶ Art and music 1. Phonograph Same as preschool How frequently do you see this child when be is not ill? activities 2. Records-at least six prngatums Does this child have al e 3. Musical pull-toys an y allergies(including allergies to medications)? 4. Rattles - Is a modified diet necessary? S. Drum(without A is any condition present that might result in an emergency? sticks) What is the status of the child's - Vision • Fine motor 1. Matching and feeling Same as preschool Hearing development: toys-one per every two programs children,such as: i Speech • plastic clutch toys Please list below the important health problems.Indicate if you or someone else form 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 1 Health Problems By You Medical Source Attention at 2. Manipulative toys...-one (name) Center per every two children Immunizations and Tuberculin Test Records: s c ping toys *D(P)T 1st date *Poliomyelitis 1st date 2nd date * 2nd date wooden ratites * 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: L Bulletin boards programs I' *R uired 1 • Linens and 1. For each crib: bumpers, Same as preschool Tuberculin Test supplies: sheets(cotton,plus programs rubber and/or pLcstic), date results blankets If positive, what are the plans for treatment and/or follow-up? 2. Rath towns Are the immunizations up-to-date? 3. Wash cloths 3. Wash cloths If not,what is the plan to bring them up-to-date' frshiS 4. Diapers 4. Diapers Other information helpful to the group-day-care center:S. Cover(s)for changing S. Cover(s)for table Source of health care changing table 6. Sterile cotton balls 7. Facial tissues Associates or clinic 7. Facial tissues 8. Soap 8_ Soap Adds 5s 9. Petroleum jelly or 9. Petroleum jelly irate bland diaper-rash or bland ointment diaper-rash Statutory Authority:.A Ss 245..802 subd I ointment 9545.0670 DAILY FOOD GUIDE. 10. R ubber-bulb ear syringe • with blunt plastic or Foods S�ruin s rubber tip g Average Size a ny A>,tltgrity MS s 245.802 strbd 1 Per Day Serving By Age* SA66p li£ALTIi t-agLr�JMI� X. MILK GROUP I to 3 3 to 6 6 to 9 To be completed by health care sources Sean years years NAME OF CH ILD Milk(pasturized, firth Date homogenized,and 2 to 3 • iii"' ADDRESS fortified Vitamin D) servings 1/2 to 1 1/2 to 1 1 cup , Telephone cup cup A . t• 'fit �a. 9545.0670 LICENSING OF FACILITIES FOR CIDLDREN 8862 8863 LICENSING OF FACILITIES FOR CHILDREN 9545.0780 Cheese and ice cream 9545.0770 APPLICATION FOR LICENSE. occasionally Subpart I.In general Persons desiring a license ora renewal of license of this MEAT GROUPS type shall apply to the commissioner of human services.The commissioner or Meat,poultry,fish 1 to 2 1 to 3 2 to 4 4 to b his designee shall determine the competence of such persons to be licensed for As alternates dried r the purposes described in the application;and he has the authority to issue such beans alternates or less dried servings tbsp. tbsp. tbsp. license. In making his determination,the commissioner shall be guided by the (1 to 2 (2 to 3 • rules in this and subsequent sections.All licenses shalt expire one year after date ounces ounces of issuance unless sooner revoked. peanut butter cooked)4 cooked) Subp. 2. Tint' of application. I to 3 2 to 4 4 to 6 operate a child we! ge An individual or organization planning to E tbsp. tbsp. tbsp, agency shall file an application for a license with the S3 1 1 1 1 commissioner 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 more - Subp.3.Additional information.In addition to the application,an applica FRUIT VEGETABLE GROUP servings seeking license shall submit such information as the commissioner may req Dark green vegetables • to make proper determination of the competence of the agency to be license and deep yellow 1 2 to 4 • I Subp.4.Relicensing,An agency desiring to renew its license shall submit an vegetables and fruits serving 2 tbsp. tbsp_ 1/4 cu application for relicensang at least 30 days before the license is due to expire.In ve vegetables A p applying for such renewal,the agency shall file with its application such informa- tion as the commissioner may require to make a proper determination. Fruit for Vitamin C 1 I!3 to I13 to Subp.5.Records and reports.TIC eonunissioneror his designated citrus,tomato, serving 213 cup 213 cup I/2 cup have ready access to recordsofall services given by a licensed agent shall cabbage related to administration and financing of such services.He�may from time time require agencies to supply information or to make reports to him about Other fruits and 2 1/4 to 1/4 to agency services and their administration. vegetables servings 1/3 cup 1/3 cup 112 cup Statutory Authority:.bfSs 245402 subd 1 BREAD AND CEREAL History: L 1984 c 654 art 5 s 58 GROUP t Bread andixrc - 1 9545.0780 ORGANIZATION AND ADMINISTRATION. al, 4 !/2 to I if2 to 2 to 3 ` Subpart 1. Agency function and *Sole grain or servings slice 1-1/2 slices agency p+apasiti The shall include the function g ogr ph of the enriched slices gency shall be clearly defined. Such definition shall include the geographical areas to be served. which children and parents will be accepted for care and 1/4 c p 1/2 cup 1/2 p t service, and the specific services to be provided for in behalf of these children.cereal Subp.2.Meeting the geographical need.The agency shall meet a need in the OTHER .. geographical area it serves or plans to serve. Sutter 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 'Size of serving will differ with individual children;some may want smaller a MtRnesota amounts and some larger. Subp.4.Financial plan.The agency shall have a sound plan of financing that ' gives assurance of sufficient funds to enable it to carry g '� Authority:hfS s 245.8 2 aubdl:_._ _ .__._ and provide proper care for children.A new a try out its defined purposes _ r7 .__ __ --- - ---`---__.- - -.__---- assured to carry it through agency shall have sufficient Herds PRIVATE CHILD-CARING OR-PLACING AGENCIES try ugh the first year of operation_ 95151/758 SCOPE AND PURPOSE, Subp. 5.Audits.All financial accounts shall be audited at least once a year and the report made a part of agency records. Pans 9545.0750 to 9545.0830 govern the operation of agencies engaged in, Subp.6.Qualifications of personnel The executive ordirectorshall have had rt training and responsible experience in work with children and their or seeking to engage in, child placement or other child welfare services in families and Minnesota and sets forth the requirements necessary for such agencies to he demonstrated executive ability. licensed The casework supervisor shall be a graduate of an accredited school of social Statutory Antherity::hfSs 245.302 stead 1 = work or have successfully completed two years in such a school. In addition,the 9545.0760 AGENCY DEFINITION. casework supervisor must have had a minimum of two years experience in a family and children's agency, or in a children's > -Agency" means any individual,organization,association, or corporation 6; caseworker supervj rj .In agencies not having a casework supervisor,a caseworker or planning for, giving direction to,or providing needed service or assistance to rive or caseworker shall meet these qualifications. pervrsor•the execu- M children and parents in their own homes and placing them in foster care. It �' Caseworkers shall be at least college iruludes any social service department of a child-caring institution that carries graduates. these responsibilities L Cn pe aenccurrentfuture ponsibalitirs or gives the services herein described. changes in petsonncl shall conform to these requirements,requirements,Statutory Autltauity:,{!Ss 245.802 suM! Statutory Authority:MS s 245.802 stebr!1 1 Mill r r g 1111 1111 - as — in — — > — NSTANla .►. •wEB VICtO� maw Mai Envelope September 21, 1988 I TO: CHANHASSEN PLANNING COMMISSION CHANHASSEN CITY COUNCIL Dear Members of the Planning Commission & City Council: Instant Web, United Mailing and Victory Envelope are anxious to move forward and provide quality child care to our employees at affordable prices. The site we have chosen is not only beautiful, but out-of-the-way and safe. The name of our child care facility will be Early Beginnings of Chanhassen, Inc. With your support and a building permit, we will be able to pour the footings ' before it freezes this fall, finish construction through the winter months and begin receiving children in the springtime. Early Beginnings of Chanhassen, Inc. will not make a profit; in fact, it will be subsidized by our companies so that employees at all pay levels can afford the facility. However, if we find that our employee surveys are inaccurate and we have fewer children than we have built and staffed for, we will be going into the local market to fill the facility until such time as our employees' needs for child care can fill the center. The other concern that has been resolved is future expansion of Early Beginnings. We have required that Roman Roos builds approximately 1,500 square feet of addi- tional space for Early Beginnings' growth. Our companies continue to grow, and it's logical that we will need more space for child care in a few short years. We wanted to make sure this issue was addressed in our building plans. The additional space will be rented out as office space until our companies' needs require the additional footage. Your support and approval would be appreciated. Kindest regards, Jerome Carlson Chief Executive Officer 1 IWI/UMI/VEI, Inc. JC/d I INSTANT WEB, INC. • 7951 Powers Boulevard • Chanhassen, MN 55317 • (612) 474-0961 }}-� I 1 . ...a ) I qGti ....Sy c I 1 ..,, ---trzie-071--e2:200 -0 sr-4-v --e-,-.)- e-44, (....-7-7/-,,-(7.1 ,...c; _ c2 c<-' -7/4n/iv c•=4 I --e—.;7• .;h:,, ..,---,--.?-,i e,--ft_177.1 ,,er!--$1 I 1Z. ■ • .- 1 r- - I 1/ I 1/ I I Q I I 47 i oe hi/ 0* _ c/ oE I ._ e/ - /00 i v-7 s ?Joi i 1 r I i 1 1 14 / 1 II 1 1 "k wei -e../ t- - 01,44m 1 _. _ ( 5z • _ i r i -ti ii, .. , __ _______._ .. _ ________ t I 61 i el & I I ,: 6-1 OC1 Cia?) I . — .,e.,,../-2-.71--------- Ifi'llez.rev_r do .s.,:P.7-qo/cue-a- - ?.y I ,,t6._71d-9 ? -1-7, 0 p IND' Pvtti .1-i-4-v!le,ag- 1 ,-491-.----- I 1 . I . 1 r Ic` E cie" lb "I,Bel ' • ' r, f o op ;71,J-7,2,1,,r ,v,-_--, --,,„ I •••-flive/01a ,e_. _ r_.............„—p 1 ‘,9(4 off - DO rr 9° 4 r; ce ON _ t$01' slpr . / ______ .3 . I 124-ta I . cl 01 I I 1 - /6 i41 0 - 2 1/2 4- I I /t, _ c;-/ /3 1 /7 R-An 6 : I ; , : 1, ;; i ,90 / ;1 ....9 Iii 0 /,,,, I ' 3 0 I I T ' r- 1 1 4, 1 V/6 P4x-1-/e' I , I . fl , / 1 i i 1 1 . *7° .7i- 4'8Q.• l/0y ri I [--- I ) ' -- '' 'el; .4,-4=3- c'...e•--4,.. c:),„,,,7„l, I I I I -22 , e P .??,vY/6* / e-, , ) I 4 _1 I ams111 • 1 _ - =Nora Planning Commission Meeting October 5, 1988 - Page 8 1. No additional alteration to the pond shall be permitted and no additional fill material is permitted within the wetland area . 2. The wetland area surrounding the pond shall remain in it' s natural state. All voted in favor and the motion carried . ' Batzli : Steve, did you want to include that as a condition? You just wanted to make a note for the staff? IEmmings: Yes, it ' s just a suggestion. I don ' t want it to be a condition. I PUBLIC HEARING: ROME DEVELOPMENT CORPORATION LOCATED ON LOT 3, BLOCK 2, CHANHASSEN LAKES BUSINESS PARK, ON PROPERTY ZONED IOP, INDUSTRIAL OFFICE PARK (1450 PARK COURT) : A. SUBDIVISION OF LOT 3, BLOCK 2 INTO TWO PARCELS OF 2. 25 ACRES AND 1. 36 ACRES. sr IliL B. CONDITIONAL USE PERMIT TO CONSTRUCT A 6 , 700 SQUARE FOOT STATE LICENSED DAY CARE CENTER. Public Present: Roman Roos - Applicant Jerome and Linda Carlson Jo Ann Olsen presented the staff report. • Chairman Conrad called the public hearing to order . Roman Roos: Roman Roos from the Rome Corporation. A couple weeks ago we came before the Planning Commission with a zoning text amendment to allow a free standing day care within the IOP. As of last week we had the first reading and approval on that so this evening we' re here to continue that process. It is actually a two part process . One will be the replat to - allow a site for the proposed day care center and the second would be the site plan approval . This evening we have Jerome Carlson and Linda Carlson here. The day care center is going to be used by the employees of Instant Webb, United Mailings and Victory Envelope and Linda Carlson has been working with the architect to prepare the overall structure and the use of. that structure for the employees of those -companies. I think this evening I 've got behind me a map showing the Lot 1, 2 and 3 of the original `L business park. What we' re doing in essence, we have Lot 2 in the orange. ' Lot 1 and Lot 3. Back in 1984 , I built this building down here. At that point in time it was my intent and probably noted to Council that we would eventually put in something in the better portion of this lot . When I put . - - rs Planning Commission Meeting October 5 , 1988 - Page 9 4` together this project , we needed approximately the 4 acres to do that . We 11 knew this would. . .the plan so this evening what I 'm trying to do is to put these two parcels together and make them one new lot with this II configuration. That' s about 2.25 acres densely wooded. . .and we think an ideal site for the type of use . . . To address a couple of the issues on this replat, at the present time I 've got 3.8 acres on this parcel . As a matter of fact , . . .creating this new parcel . We' re about 72% building structure, impervious surface on this site so about 2% off. According to City Ordinances , it has to meet a certain percent. We would have to make some adjustments there. Possibly a line shift or possibly I 'm going to address the Council that we have to the property line the 70%. We also have a fence along the green way to the property line and a main road along with TH 5. So whether that' s a real critical thing or not , I think it' s easy to address. If we have to shift the line we' ll do it. I 'd 11 prefer not to do that so we can maintain. . . The other issue I think is our replat. The size of the parcels and the frontage of the cul-de-sac and frontage to TH 5, I think we' re meeting all those requirements . If this replat is recommended for approval of Council , then we' ll want to come back to you with and show you the site plan. I ' ll kind of walk through that and then I 'd like to maybe. . . I Erhart moved , Emmings seconded to close the public hearing . All voted in favor and the motion carried. The public hearing was closed. 1 Erhart : Is the applicant agreeing to add the 40 feet of additional right-of-way to TH 5 if it' s required? Were you willing to add the additional 40 feet of right-of-way, if that ' s required , to show it on. . . Roman Roos : When we get into the site plan review I can show you where that exactly is . That ' s right now. . . I don ' t know if I should be addressing the site plan concurrent with this or not. If you want to just address this issue now and go through the site plan . . . Erhart: We' re talking about the site plan now. Emmings : No . We ' re looking at the replat. I Erhart: I 'm sorry, the replat. I was just wondering , why wouldn ' t we add that as one of the conditions? Olsen : MnDot hasn' t formally requested it yet . When I spoke with them last week on Friday, the person I was talking to was going to talk to the upper echelon of MnDot to determine whether or not they did want to acquire right-of-way at this time. They didn ' t have the amount of footage of additional right-of-way that was necessary determined yet . Erhart: That never stops us for asking for additional right-of-way along II Pioneer Trail or TH 101 or anyplace else? Olsen: I asked them and explained to them that this was a plat and if they could request additional right-of-way. . . That ' s where we left the issue kind of open. . .to get it onto the final plat . Planning Commission Meeting October 5, 1988 - Page 10 1 1 I Erhart : If you take 40 feet off there Roman, what does that do to your lot size? If you take 40 feet off the northern line that was included in the lot size. Roman Roos : Tim, we' ve allowed for that. We' ve put in the extra footage. . . The only thing it might infringe upon, and that' s not known at this point in time but we' re back 50 some foot from our property line. . .a portion of the road extend into that area, that is not a problem but if MnDot does require that, we can shift that portion. . . I guess an easy way to show you right now, coming from our property line to this point here, we come into the building 50 foot so we know, we feel very sure that we' re clear of what MnDot wants to require in terms of excess land. This portion right here is the playground and it does extend past the 50 foot mark into that zone somewhat but until we know from MnDot what is required , we' ll have to adjust our playground accordingly if it is a problem. We feel a few years down the stream, . . .to shift that playground , we feel is a very, very minor problem. . . Erhart : I guess this TH 5 improvement is a pretty certain thing . Roman Roos : I 'm sure it is . Erhart : I wouldn ' t want to see us have to go back and undo something . Roman Roos : Tim, I think I 'm probably going to lose the first row of the mini- storage when that happens but yes , I 'm quite cognizant of that and I don ' t, as far as this project, we've allowed for that and I don ' t see any problems whatsoever . Much like a project that you looked at prior , across from the mini-storage on the opposite side is a 25,000 square foot building . That also was covered with the same type. . . Erhart: That' s my question. Emmings : I don' t have anything . I think it ' s a reasonable thing to do. Batzli : I had a question, the cross easements. Why would we be doing it on the replatting rather than the conditional use? For parking? Olsen: Why wouldn' t we? Batzli : Yes . Why don ' t we have that on the plat rather than on a conditional use permit? ,, Olsen : As far as the site plan for the conditional use permit , we can put •- it on both. Batzli : But if this gets built and later the conditional use goes away, aren ' t we going to have a _problem? __ . -_ ' Olsen : It will always be recorded . It will be part of the conditional use permit . II Planning Commission Meeting October 5 , 1988 - Page 11 Batzli : So it won' t be recorded contingent upon the conditional use? Olsen: If he wants it to have parking on a separate parcel , he has to provide that easement . Batzli : Okay. That was my only question. Conrad : I don ' t have a question. Only thing, Roman I want the 70% impervious surface. You've got to get that somehow. Roman Roos : I think Ladd we can work that quite easily. I don' t want to II go for a variance. That process is open to me but I think we can. . . The reason I say. . . Ladd is that 20 foot easement , which Larry' s aware of, we ' re going to have to somehow over here significantly. . . That ' s 10 foot on this property line and 10 foot on that property line. So we' ll have to shift 10 foot to gain the extra 2% and I don' t think we' ll have a problem because. . . Whether it ' s serviced on this side or that side , it' s kind of a blending issue because of the green space from the western part of this building in that direction. So it' s a technicality and I don' t think it ' s hard to address and get an answer to. I Batzli : But if you have to do that , aren ' t you squeezing your building further down? Roman Roos : I don ' t think so on the setback. We' ve got 10 foot on this side line and 10 foot on this side. The average shift is 10 foot. I guess the bottom line , i_f I have to go back to the City and say I 'd like to have a zero lot line side yard setback for this particular project and only this project , it does make sense . I 'd rather stay away from the variance process . If I can logically persuade Council along with Planning Commission to go this direction knowing that we have this additional 10 , 15, 40 foot of greenway already tied to that, it 's skirting the fine lines if you go back in terms of what was the intent of that ordinance . The intent in terms of green space. In terms of zoning ordinances , no we'd be shorter than 2% . I think there ' s a reasonable solution. I guess I 'm looking towards the Planning Commission for their recommendation. I would really like to hold this line as it is for the two reasons that I 've already stated. I don ' t really want to shift the lot lines 10 foot or 6 or 8 , whatever requires to get to that extra 2% . With the amount of land, I guess one of the things that I hurried by is that on this particular site , we be granted a variance . We' d like to stay with the variance procedure and since it ' s . . . I 'm really open. Worse case scenario, I 'd shift . . . 2% is about , on that site is roughly 2, 000 square foot . . . Conrad : Roman says he' s open . I think we can make our motion . Emmings: If he' s open, have it in there as a condition if he can find a way to work that out with staff between now and the Council . Conrad : I guess we ' re not going to tell you how to do it. I think we want you to do it . How it works . . . ' 11 I . Planning Commission Meeting IIOctober 5 , 1988 - Page 12 I IIEmmings moved , Batzli seconded that the Planning Commission recommend approval of Subdivision Request #88-22 as shown on the preliminary plat stamped "Received September 29 , 1988" and subject to the following conditions: 1. An amended preliminary plat shall be submitted for City Council approval which maintains a maximum of 70% impervious surface on Parcel A. ' 2. The plat shall be revised to show a 20 foot wide utility easement centered on the existing 10 inch diameter watermain which traverses Lot 2, Block 1. This easement shall be extended between Park Court and State Highway 5. 3. The plat shall be revised to show the appropriate side lot and front and roar utility easements prior to final approval . 4 . The final plat shall be revised to reflect the additional roadway easements for the widening of State Highway 5 if MnDot forwards to the City written confirmation that additional easements are required . All voted in favor and the motion carried . CONDITIONAL USE PERMIT TO CONSTRUCT A 6, 700 SQUARE FOOT STATE LICENSED DAY CARE CENTER. Jo Ann Olsen presented the staff report . IConrad: Before we open this up for public hearing, does anybody have any significant concerns with this particular permit? I 'm just trying to , Roman probably wants to talk to us for 20 minutes here. If we ' ve got some concerns , I want to make sure that we give him time . Otherwise , I 'm going to provide him with some direction to do this fast, if we can . Anything? Okay, we ' ll open it up for public hearing . Roman why don ' t you take us through kind of quickly. I 'm sorry to do that to you and I 'm not trying to play this down but I think, I 'm also saying that we probably like what we' re seeing. Roman Roos : It ' s just a 6 , 600 square foot building for the e'noloyees of. . . The building itself, we feel we've addressed the parking issue. We' ve got expansion capability here and possibility here . . . The entry is quite. . . if you ' re coming i.n . . . i_denti.fy the project , if you will . The traffic flow which was narrowly addressed. . . , will be minimal aecause it' s _ traffic coming in, dropping the children off and back up and drive out to the Park Court area . The playground, the issue of not. . .MnDot, we think we' ve addressed that issue in excess of what MnDot' s going to require. It will be about 65 from the center line of the road. We' re at 5J foot from the property which is way in excess of that so I think we won ' t have a ' problem. Jo Ann will have that answer very shortly when she gets back to MnDot. The playground , if .we encroach upon that area , we can shift that area at that point in time. . . . short of that , the landscaping , we ' re Planning Commission Meeting October 5, 1988 - Page 12 Emmings moved , Batzli seconded that the Planning Commission recommend II approval of Subdivision Request #88-22 as shown on the preliminary plat stamped "Received September 29, 1988" and subject to the following II conditions: 1. An amended preliminary plat shall be submitted for City Council approval which maintains a maximum of 70% impervious surface on II Parcel A. 2. The plat shall be revised to show a 20 foot wide utility easement I centered on the existing 10 inch diameter watermain which traverses Lot 2, Block 1. This easement shall be extended between Park Court and State Highway 5. 3. The plat shall be revised to show the appropriate side lot and front , and rear utility easements prior to final approval . 4. The final plat shall be revised to reflect the additional roadway II easements for the widening of State Highway 5 if MnDot forwards to the City written confirmation that additional easements are required . II All voted in favor and the motion carried. A. CONDITIONAL USE PERMIT TO CONSTRUCT A 6, 700 SQUARE FOOT STATE LICENSED DAY II CARE CENTER. Jo Ann Olsen presented the staff report . II Conrad: Before we open this up for public hearing, does anybody have any II significant concerns with this particular permit? I 'm just trying to , Roman probably wants to talk to us for 20 minutes here. If we've got some concerns , I want to make sure that we give him time. Otherwise, I 'm going II to provide him with some direction to do this fast, if we can . Anything? Okay, we' ll open it up for public hearing. Roman why don' t you take us through kind of quickly. I 'm sorry to do that to you and I 'm not II trying to play this down but I think, I'm also saying that we probably like what we' re seeing. Roman Roos : It' s just a 6, 600 square foot building for the employees I of . . . The building itself, we feel we' ve addressed the parking issue. We' ve got expansion capability here and possibility here. . . The entry is quite. . .if you' re coming in. . . identify the project, if you will . The traffic flow which was_narro wly-_addressed._. . ,_ will-be minimal because it ' s traffic coming in, dropping the children off and back up and drive out to the Park Court area. -The_playground, the issue of not. .-.MnDot, -we think - :_._- we' ve addressed that issue in excess of what MnDot' s going to require. It II / will be about 65 from -IE-d-center line` of- the_ road. J_ We' re_.a.t`50 foot- from - ..• %, the property which is wayYin excess of that so I think we won' t have a � _ problem. Jo Ann will have that answer very shortly when she gets back to MnDot. The playground,. if -we---encroach upon that area ,-we can -shift that area at that point in time. . . .short of that, the landsca in , we' re - -- = I , Planning Commission Meeting October 5, 1988 - Page 13 AL trying to save the majority of the trees on the site and it ' s something . . . 1 Conrad: How much do you have to take down? How many trees? Roman Roos : It' s a very densely wooded area. We' re going to lose a lot of the scrub timber but we are retaining these evergreens located here, ' here and there' s two more in this general . . . The landscaping plan that you have is a more exact plan. . . I think we've lived with the elevation changes , it' s not that great . . . Short of that in a very short summary, that's it. Emmings : Does that entry archway, has access for fire trucks and stuff been taken into account in the planning? Roman Roos : That' s one of the things our architect is addressin g right ht now. We would like to put the entry in because it' s a visual . . .visual ' theme. We' re cognizant of the cost . Right now that entry does not have to go but if we can do it economically and meet the City standards , we will probably do it. But at this point in time the concept is. . .but it ' would have to meet all of those. Emmings : Do we have ordinances that cover something like that in terms of access and emergency vehicles? 1r: Olsen : When the building permits come in, they will have the details on it. Emmings : I like the idea . I just don ' t want blocking important traffic . Conrad: This is a public hearing. We' ll open it up for other comments . Mr . Carlson , do you have anything? Jerome Carlson: I sent you my letter . It indicates that . . . It also indicates in the letter that although we base the size on surveys that we' ve taken, those surveys have now become a year old . We think there will be a significant change in the needs of our employees. However , because we don' t want to have a shortage of space , there is a possibility that we have undercalculated or overcalculated, whichever the case may be, and we may have a time frame in which we are actually garnering some business, child care business from some other facilities until we fill the facility. But in the other way, there is an additional 1, 300 to 1, 600 square feet that we had negotiated with Roman to have in that building for our future expansion. . . In the meantime that will be leased out , if we ' are successful in leasing out some. . . Those are things that I said in my letter . Emmings moved , Batzli seconded to close the public hearing. All voted in favor and the motion carried. Thepubl-icph'eari_ng ' Erhart : I think it' s nice . I wish you ' d build it big enough so my employees could use it. - -I 'm just curious overall , why would you put the„,,, , play area on the north adjacent to TH_5 as opposed t0 ,puttag it on the,�,,,�„� II Planning Commission Meeting October 5, 1988 - Page 14 f k west side up against the trees? What was the reason for that? It would II seem to me to put them between the building and the trees would have been quieter . i Roman Roos : Tim, I don' t have an answer . All I know is that in laying this thing out to make it fit right on the site plan and spacing, they wanted to use the trees and what have you for the children. If you put a II playground in there, you' ll cut out more trees . We didn' t want to do that. I think by the time, when you look at the landscapincj, we' re going to have very heavy screening in that area. I don' t they' re even going to I see the playground and they want to be able to take the kids into the woods. I don't know if that's the correct answer but I think it sounds good . Erhart : On the fence, do the , e k�.ds get to go outside of the fenced area? Roman Roos: Only under supervision. I Linda Carlson : It' s required to have a fenced area and they be supervised by State Regulations . ' Erhart : But it is common to take them out of the fenced area and walk them through the woods or something during the day or is that not common? Linda Carlson: Most places don' t have that . Erhart: Don' t have the fence? I Linda Carlson : No , they all have fenced areas . Most places don' t have woods. Sometimes they will go on field trips to parks. Erhart : But is there a rear door or something that allows them to go out there. Linda Carlson : Yes . Erhart : And what you' re saying is if TH 5 takes an additional 40 feet , that's going to bring the boundary line very close to the fence area? Roman Roos : You' ve got to remember that 40 foot , as I understand it , the 65 that was originally set up by MnDot was from the center line of the new aligned road . As I Jo Ann was saying , either staff nor myself know exactly where that' s at and we wanted to make doubly sure so we said, from our property line another 50 foot so that boundary is going to fall within II that area someplace. Erhart : Someplace and then you' re going to have to adjust the landscaping? Roman Roos : Right-and like I said , by the same token , as far as the State is going to take on that, it' s only built on the width of a normal road and highway. The rest is green space too so it may not impact what we' re in. If it is, we' ll have to shift. . . _ Planning Commission Meeting IOctober 5 , 1988 - Page 15 l C Erhart : The proposed future building , is that for the same purpose? IRoman Roos: The proposed building site is much like 1984. We wanted to address the issue that the site is big enough to put another building on. As I told Jo Ann, if that were to happen, we don' t know when. We'd have I to come back in for a replat, the same process we' re going through today so we feel there is adquate land there, we can service a small building. IErhart: For a daycare? Roman Roos : Good question. I wish I knew the answer Tim. I don' t. We know there is . . .that they' ll address in terms of, probably the watershed I talking about setbacks . Those are all questions that we can address at that point in time. . . IEmmings : I think it' s a good plan and I like it. Batzli : What did we ever decide on, we are going to save a lot of trees I as far as trying to rope off so they don ' t drive over the root systems and things like that. Do we have any kind of. . . Conrad : Highlight those out with a snow fence, as I recall . I = Olsen: What we can do is have them stake out the potential grading and then visit the site with the DNR forester . He can make a judgment then as I to whether or not additional trees will actually be damaged or should be included in that site also. Roman Roos : This is very mature woods. If you go down there , there ' s no I question. . . There is a very mature in the northwest and we' re trying to limit the elevation of the building so when you come down the road there isn ' t a big structure. It is our total conviction that we want to save as I 1 many trees as we can . That ' s why we' re actually marking the trees on that landscaping plan. I don ' t, sometime in the construction process you can not save what you what to save in trees but we ' re trying to save a major , I about 23-18 inch diameter size of trees . We will save those one way or another . As a matter of fact , this entrance, these are huge 50 foot pines and we' re making a point of we' re actually putting a retaining wall down. . . You start getting the DNR involved in this thing . . . IJerome Carlson: The building is really in a very tight spot. There isn' t apparently much leeway. . . .certainly have to take certain trees . We are I trying, we' re hoping to save as many as possible. It' s fair to say that I feel strongly about that. I don ' t know what this verification with the DNR is but we' re going to save whatever can be saved and there are limitations on where you can put our building pad . _ _ I; Conrad : I don ' t think there's' a question on that. I think you're- --- - �.:.� y :� sensitive to the woods that are there . Brian ' s comment was , and we' ve I seen it throughout Chanhassen where we look at what ' s there, say preserve what you can . They try to preserve what they can but the guys with the bulldozers are running bulldozers and they' re movi^ng`earth. The root Planning Commission Meeting October 5, 1988 - Page 16 ' 7- I k systems get damaged of your oak trees and whatever . I 'm not sure if we ' re I talking about oak here or whatever but anyway, we were talking about putting up a snow fence so at least those guys with the bulldozers have li some kind of idea that when they get closer to a tree than where this fence is , they' re going to damage it. That was the base of Brian ' s comment. We' re just losing all sorts of trees because really the people running the equipment are , they' re right there. The tree' s still standing but it dies within a year and that' s the basis of Brian' s comment . Roman Roos : Brian , I don' t have any problem at all . If you not on that II fencing plan, where we. . . , there' s been a lot of mention to that building line. We' ll try to save those three oaks that are in that general location so as Jerome says, it' s very tight building the pad is tight . . . We will address that issue . . . ' Batzli : My only thing in condition 1, the applicant should not only provide the city with a cross easement but it should be recorded as was earlier stated if that ' s what is going to happen to it anyway. Conrad : Anything else? Do we have a motion? II Batzli : I move the Planning Commission recommends approval of Conditional Use Permit Request #88-14 as shown on the site plan dated "September 16 , 1988" with the following conditions . Conditions 1 through 8 provided in I the staff report and insert at the end of condition 1 the words , for recording against the deeds of the subject property. Something like that I guess . I Emmings : Why don ' t you just say, you will provide the City with a recorded cross easement? Batzli : Okay. With a recorded cross easement . Just insert the word "recorded" . Emmings : Second . I Batzli moved , Emmings seconded that the Planning Commission recommends 1 approval of Conditional Use Permit Request #88-14 as shown on the site plan dated "September 16 , 1988" with the following conditions : 1. The applicant provide the City with a recorded cross easement to allow I proposed parking for the Rome Development building on the subject site. I 2. The applicant submit an amended landscaping plan which provides additional landscaping between the day care facility and the mini- storage warehouse facility including evergreens . '...... 3. The site plan must meet any additional conditions as part of the zoning ordinance amendment for day care facilities in the IOP District as conditional uses.