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
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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
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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 — — — — — —
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.,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
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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 }}-�
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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
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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 - --
=
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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.