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10-5-88 Agenda and Packetv CALL TO ORDER PUBLIC HEARINGS Wetland Alteration permit for the Creation of a pond Class B Wetland, I200 Lyman Boulevard., Brent MiIler. 1 tn a Rone Development Corporation located on LotChanhassen Lakes Business park, on propertyIndustrial Office park (1450 park Courl): Subdivision of Lot 3, Block 2, into two parceJ.s ofacres and 1.36 acres. 3, Block 2, zoned IOP, a 2.25 Conditional Use Permit to construct astate licensed day care center.6,700 square foot Subdivision of 87.3 acres into 5 industrial office lotsand two outlots on property located at Outlot A and Lot I,Block 1, Chanhassen Lakes Business Park 3rd Addition, justnorth of Lake Susan and west. of Highway 101, property zonedIOP, IndusErial Office Park, Rosemount, Inc. NEW BUSINESS APPROVAL OF MINUTES OPEN DISCUSSION b 3 Zoning Ordinance Amendment. to amend Section 20-42I (11) ofthe Wetland Ordinance to Clarify that the City has controlover dredging of wetlands in public wat.ers which are locatedin lakes wholly vrithin the City of Chanhassen. AGENDA CHANHASSEN PLANNING Cott{MISSIoN hIEDNESDAY, OCTOBER 5, 1988, 7:30 p.M. CHANHASSEN CITY HALL, 690 COULTER DRIVE 2. 4 ADJOURNMENT CITY OF EHANH[SSE[I P.C. DATE: Oct. 5, I98g C.C. DATE: Oct. 24, I98g CASE NO: B7-I5 wAp Prepared by: Olsen,/v STAFF REPORT Fz C) =TLL ko IJFa PROPOSAL: LOCATION: /o/f/?r** t?:: .jNt..'r'!. ir \;. itr'-qAPPLICANT: to a Class B Wetland for tot 1, Block 2, Hillside Oaks :Lxaat5.. u'^W Wetland ALteration permirthe Construction of a pond Brent Miller 1200 tyman Boulevard Chanhassen, MN 553I7 PRESENT ACREAGE: DENSITY: ADJACENT AND LAND ZONING :A-2, Agricultural Estate 3 .8 acres ZONING USE :N- s- E- w- RSF, vacant A-2 ;agr icultural A-2; single f arnily res idence res idence not have sewer and water A-2; single fami ly WATER AND SE$IER:The property doesavailable. PEYSICAL CHARAC.:The site contains a single familyand a Class B wetland located innorthern portion of the lot. res i dence the 2OOO LAND USE PLAN:Agricultural Modili.d---. n.isc:.L-................-.--..........-- aal,--144-/ZE-- Miller wetland Al,teration October 5, 1988 Page 2 APPLICABLE REGULATIONS Section 20-421 creation of a requires a pond wi thia wetland a Class alteration permit for B wetland ( Attachment the #1). REFERRAL AGENCIES Fish and Wildlife Service BACKGROUND Attachment *2 In the fall of 1987, the applicant met $rith staff to discuss theconstruction of a duck pond in his rear yard on property locatedat the northeast corner of County Road 17 and Lyman Boulevard.At that time, staff stated to Ehe applicant that there rras awetland in the area he was proposing for the construction of aduck pond and that a wetland alteration permit would be reguired.The applicant stated that he r,rould contact staff when he made thedecision to construct the duck pond. In the meantime, staffvisited the site with Dr. Rockwell to determine whether or not aduck pond would be recommended for approval in the wetland. Itwas felt by Dr. Rockwell that the construction of a ponding areawithin the wetland,if designed to the six conditions of th; Fishand Wildlife Service,would be an improvement to the wetland. Theapplicant alid not contact. staff about pursuing the wetlandalteration permit. It was brought to staff's attention by the Building Departmentthat a pond was being constructed on the suDject site.- Staffvisitecl the site and found that the appricanf. had constructed theponding area within the wetland withoul contacting staff or pro-ceeding with a wetl.and alteration permit process. Staff con-tacted the applicant by letter stating that his action was inviolation of the Wetland Ordinance and that he would be requiredto go through the wetland alteration permit process (Attachment f 3). ANALYS I S The applicant has made application for the wetland alEerationpermit and has provided the necessary information. The construc-tion of the pond did meet the reco(unendation of the Fish andWildLife Service by providing varying depths and left in anatural state. !{hen. the applicant had the pond constructed, thefill from the pond area lras placed within the wetland area. Thisis not permitted by the city. Staff visited the site again with Mr. paul Burke, of the Fishand !{ildlife Service, to determine lrhether or not steps should becaken to remove the fill placed in the eretland ar"a ai.rd ,rhetheror not the existing pond should remain as is and is a benefit tothe wetland. Mr. Burke felt that although the placing of fill in Miller Wetland Alteration October 5, 1988 Page 3 the wetland is not ilesirable, it had not impactedvegetation or function of the r.eetland. Mr. Burke was best to maintain the pond as it is rather thanfiII from the wetland. Ehe wetland felt that it remove any Although the pond was constructed within the Class B wetlandprior to city approval , it has been confirmed by the Fish andWildlife Service that the design and construction of the pond hasnot negatively inpacted the wetland and will actually be inimprovement. Therefore, staff is recommending approval of ther.retland alteration permit to a11ow the existing pond to be main-tained as is. 1. Section 20-421 frorn City Coile.2. Memo from Paul Burke dated September 20,3. Letter to Mr. Brent Miller dat.ed November January 25, L988.4. Site plan dated September 13, 1988. r988.19, 1987, and ATTACHME NTS The applicant had at one tine stated to staff that he would liketo clear an area around the ponding area. Staff and the Fish andwildlife Service agreed that the wetland area around. the pondmust be maintained in its natural state and that any additional'b(clearing of the wetland vegetation would not be permitted. RECOMMENDAT TON Planning staff recommends the planning Conmission adopt thefollowing motion: "The Planning Commission recommends approval of WetlandAlteration Permit #87-15 with the following conditions: l. No additional alteration to the pond sha1l be permitted andno additional fill material is permitted wiEhin the wetland area. 2. The wetland area surrouniling the pond sha1l remain in itsnat.ural state. Memorandum to FiLe Subject: Report of$rithin the Field Investigator: Date: September 20, Field Investigaticn of Tlro Wetland SitesCity of Chanhassen, Carver County, MN Paul J. Burke 1988 Following my on-site revierd, I have found the followin!: Site 1: This is a smaLl (2 acre) $retLand (palustrine Scrub-Shrub) inthe back yard of Mr. Brent lltiller at 1200 Lyman BouLevard inChanhassen. It appears that Mr. Miller had a sma1l (.125acre) pool excavated for Landscaping purposes, with theexcavated material being graded over the adjacent wetlandvegetation. This activity occurred about a year ago (my estimate ) . I found the sj-te to be stabilized, with a dense mat of reedcanary llrass (Phalaris arundinacea growing over the gradedi1I in a wetland is ahis case was almost insignificant towetland. In principle,this case, such aIogical impact thand suggest that an after-oject as i.t now exists. fill from the pond.While placing f) prohibi-ted practice, the amount in tsufficiently small, and the resultsthe overall function of the affectedthe fill should be removed. But inreguirement coul-d result in more ecoallowing the fiII to remain. I wouLthe-fact permit be issued for the pr -tl; 'l,'.;*tu!' - , if,. '+.t' . -;r ' ' l. .l Site 2 This is a Large tract hrj-th t!^ro wetlands that are proposedfor aLteration by the developer (Rosemont, Inc.). Anentrance road and parking facilities are planned that, alongvrith some preliminary landscaping p1ans, would adverselyaffect wetland sites #1 and +2 (leE Rosemont, Inc. sitepIans, dated September 13, 1989). The consulting engineers(OPUS, corp. ) have gone to some effort to plan thelncorporation of the wetland complexes into the aestheticsof the project site. However, the plans appear to emphasizeaesthetics over other wetland functlons and values. ifretotal values associated with these $retlands is bestconserved by reducing to a minimun the vrork planned fortheir _ " improvement. ', I would recommend, that eretland site 1be Left undisturbed. rf the prans ciir fo. an-".pi"v." -- - recreation site, I would sugglst the use of an el^evatedDoard waLk (on piLes) with wide spots for tables andbenches . , .a.t .- .r-.* :..r,.J.-.*tri: t a + CITY OF EH-tNH,lSSEI{ 690 COULTER DRIVE . P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900 November 19, 1987 Mr. Brent Miller 1200 Lyman Boulevard Chanhassen, MN 55317 Dear Mr. Miller: Approximately one month ago you met with me at City HaIl todetermine whether or not you could construct a duci pond on yourproperty located on the northeasE corner of county nbad ri anclCounty Road 18. At that time, I told you that it-app"...a in.tthe area was a wetland and was protectEa Uy tfre citir'ina-tfrit .nyalteration to the site is not permitted unress you ieceive iwetl'and . alteration permit. r explained that thlre was a wetr.and.alteration permit fee, and a public hearing i" ii"nt-of-tne-Planning commission and the city council. you stated tha! you-yrourd cootact me the f ollor.ring rreek so that we could establish atime to qo out E.o the site wilh Dr. Rockwer-1 from the Eish andwildlife service. r never heard from you Ehat rveek but di.d visitthe site with Dr- Rockwell. I{e saw wh-ere you had sLaked out chearea that you wanted to construcL the pond. Dr. Rockwell feltthat a ponding area would be beneficiai to th" rvetland if it wasdesigned to the six design standards of the Fish and wildrifeService. Since I did not hear from you, I assumed you r,rere not goinq topursue the matter since it was understood that yoo "ooid nit. aoanything without receiving a wetland alieration- permi t. ii-t""come to my attention that the pond has been constructed and thatyou have altered t.he {reLland wlthout receivinq permisiion iromthe city. This is in vioration of the zoning'oiairin".-lna-v""must comply rrith the. ordinance regulations. you must now applyfor a wetrand alteration permit t6 receive permission iio.-[n"city for construction of the pond. If the lity a""" n"l-upp.orr"Ehe wetland arterat.ion permitl the rand would irave to ue illurneato its naLural state. I am sending Ehis letter by certified mail and amyou contact me within ten days of receipt of t,hisI not.hear from you within ten days upon receiptyou will be contacted by the City Att-rney. requesting thatletter. ShouIdof this lettser, CERTIFIED MAIL .-,I feel that t,his issue can be resolved but until you contact t.hecity and receive city approval you cannot alter the sile any morethan it already has been. I will expect a caII from you wilninten days from receipt of this leEter. Mr. Brent Miller November 19, L987 Page 2 JO: v Jay Johnson Gary Warren Ron Julkowski .t S incerelv, --i?man"93s4B>- Assistant Cicy Planr(er APPLTCANT: ADDRESS I,AND DEVELOPSSNT APPLICATTON CITY OF CEANEASSM 690 CouLter Drive ChanhasseD, MN 55312(612) 937-1900a,\)reut RJ\o,,t lil;/h- Chauh, OWNER:S4h<. as P?L-r".-f yi TELEpHoNE 13 I -'lo 37 Zip code PJ.anned Uuit D&elopment _ Sketch plan _ preliniaary plan _ Final plan Subdivision _ platting _ Metes and Bounds Street/Easement Vacation Wetlands permit 5t<t'59t 1 7zip code?ELEPHoNE (Daytine ) REQTJEST: Zoning District Change Zoning Appeal Zoning Variance Zoning ?ext Amendment Land Use plan Amendment Conditional Use permit Site plan Revie$, PROJEC? NA"YE IIEQIJESTED LAND USE PTAN DEsIGNATIoN Po * PRESENT ZONING REQUESTED ZONING USES PFOPOSED LOCATION )", J.a)/" r.s L /) ,1,3r LEGAL DESCRfPTION (Attach legal if necessary) OaL ,1. l* ?oa ADDRES S l--"' PRESENT LAND USE PLAN DESIGNATION / SIZE OF PROPERTY REASONS FOR THIS REQ UEST city Land Page FILI INS TR U CTIONS: Signed By B,* Signed By of Chanhassen Developmen t Application Ilj" "pnfi.ation must be completed in full an.t h- lr,^^.._: !!clearly-p.i;a;;".;;"T:r p: ;";;;;.;i";"ii :ii f.:l;:[i::.:;u". f :+il,ll*":s;!Ir!iif t:,**iit*+i:=ir::ii::[i,;"r*1.applicabre to your' ipp:.icationl-' procedurar requirements ii: : lli]i:'?:;i. i::';iff .il: ";,::":r^ i,:H:i::^::::.:applicable City Ordinances - :ertifiesf aLl 5,<f 4a ) has been here i n ]ffn"":i;:;'?:"ff.|:'::I_cerrj.ries Lhar rhe appricantdescribed rs applicarion for tt "-p."p.riv Appi owne i Date Date Date Applicat.ion Applicat.ion Fee City Receipt No. Iee Recei ved Paid This ApBoard o nee Ling by Lhetheir plication wi 1l be consideredf Adjuscments and Appeals at Planning Commi ssion,/ FILING CERTIFICATToN ! l CHANH[SSEN STAFF REPORT P.C. DATE: Oct. 5, 1988 C.C. DATE: Oct. 24, 1988 CASE NO: 88-22 SUB Prepared by: Olsen,/v Fz ():iLtL ko ldF (n PROPOSA].: LOCATION: APPI,ICANT: 2 and 3,Preliminary plat Request to ReplatBlock 2, Chanhassen Lakes Business Lots 1, Park PRESENT ACREAGE: DENSITY: ADJACENl AND I.,AND ZONING: ZON ING USE: roP, 7 .46 acres Industrial Office Park ParceI ParceI A-3.79, Parcel- B-1. 42, c-2.25 N- S- E- !{- RRi Lake Ann Park IOP, Industrial Information Controls IOPi Component Engineering IOPi vacant Available to property Portions of two of the proposed lots to be platted have been developed (Parcel A &The remaining portion of the property is undeveloped and heavily vegetated (Parcel C Industrial WATER AND SEWER: PHYSICAL CHARAC. : 2OOO LAND USE PLAN: CITY OF Lots 1, 2 and 3, Block 2, Chanhassen LakesBusiness Park Rome Development I45 0 Park Court Chanhassen, MN 55317 ,oi l\\t\\ \'tl It 1 e lt LAKE LT^CY RD t,, I I I lr. ,l- ih R] I BG I(. loP,,f' { :.) L U LAKE ATTII RD '..i1 RR (ge-:n R12 € ...E R12 _;+_-Y.6' l \) f{ll t_ ''itiit i- I I .J tr!l-. lc ,} i I b -_l Rome Development october 5, 1988 Page 2 APPLICABLE REGULATTONS REFERRAL AGENCIE 5 Asst. City EngineerPark and Recreation Attachment #2Park and trail fees will be required. The IOP District requires a minimum 1ot area of one acre andminimum lot frontage on a cul-de-sac of 60 feet (I50 feet onpublic street) and a minmum 1ot depth of 200 feet. site plan for Chanhas s en the plan for2of a of the site2, Block BACKGROUND On December L7, L994, the City Council approvedan office warehouse facility on Lot 3, siick 2,Lakes Business Park (Attachment #3). On September 8, 1986, the City Council approveda mini-warehouse facility located on Lots- I andChanhassen Lakes Business park (Attachment *4). ANALYS TS The applicant is proposing to replat. Lots 1, 2, and 3, Block 2,Chanhassen Lakes Business park. Currently, Lot I contains 1.g3acres, Lot. 2 contains 2.7 acres, and Lot 3 contains 2.9 acres.The proposed replat contains three parcels with parcel A con-taining 3.8 acres, Parcel B conEaininq L.42 acres and parcel Ccontaining 2.25 acres. Parcel A, hrith 3.8 acres, will contain the existing mini-storagefacility. Parcel A contains the required 1ot area, frontage anddepth and t.he proposed 1ot lines are maintaining Ehe requiied 10foot side yard setbacks from parcel B and C. the impervious sur-face of Parce1 A is increased to 75t by removing the westerlyportion (32.395 sq. ft.) to parcel C. The 1ot line must beadjusted to maintain a 70t maximum impervious surface on parcel A. Parcel B contains the existing office warehouse faciliCy andmaintains the required. Iot area, depth and frontage requirementsof the IOP District. The applicant is proposing parcels B and Cto share driveways at the end. of the cul-de-sac and to expandParcel Brs parking onto Parcel C through a cross easement.Thezoning ordinance permits zero setbacks if parking is shared.Parcel B, with the existing buiJ.ding and parking, does not exceed.Ehe permitted amount of impervious surfaces. Parcel C is made up of vacant portions of Lot 2 (mini-storage facility) and Lot 3 (office warehouse facility). parcel C main-tains the required lot a!ea, depth and frontage (along Hwy. 5). Rome Development October 5, 1988 Page 3 MnDOT MnDoT is in the process of improving Hwy. 5 which requires addi- tional right-of-way. The subject plat (Lots I and 2) wi.lI be impacted by additional right-of-way required by MnDOT. MnDOT has estimated that 40 feet of additional right-of-I,{ay wilI be required. MnDOT has not determined that the plat should provide the right-of-way and will be making their tlecision prior to the Planning Commission meeting. Should MnDOT determine that they want the plat to reflect the additional right-of-way, the preli- minary plat shoulcl be amended to provide for the 40 feet of r ight-of-way . Attachment #2 from the Engineering Department addresses ease- ments. RECOMMENDATION The proposed plat creates 3 IOP lots. The lots maintain the reguired Iot area, frontage, depth and setbacks. The proposed plat results in Parcel A exceeding 708 impervious surface. An amended plat must be submitted which maintains 70t impervious surface on Parcel A. Should MnDOT determine that the additional 40 feet of right-of-way for Highway 5 is required to be shown on the plat, the plat shoulil be amentled to provide the required ROw. Planning staff recommends the Planning Commission adopt thefollowing motion: "The Planning Cor,mission recommends approval of Subdivision Request #88-22 as shown on the preliminary plat stamped "Received September 29, 1988" and subject to t.he following conditions: I An amended preliminary plat sha1l be submitted for City Council approval which maintains a maximum of 708 impervious surface on Parcel A. 2. The plat sha1l be revised to show a 20-foot wide uti.lity easement centered on the existing 10-inch diameter watermain which traverses Lot 2, Block J.. This easement shall be extended betr"reen Park Court and State Highway 5. The plat shall be revised to shor^r the appropriate side lot and front and rear utility easements prior to final approval.. The final plat shall be revised to reflect the additional roadway easements for the widening of State Highway 5 if MnDor forr,rards to the city written confirmat.ion chat addi-tional easements are required. 3 4 Rome Development October 5, 1988 Page 4 ATTACHMENTS 29, ,1,I 988 I 2 3 5 IOP District regulations. Memo from tarry Brown dated SeptemberCity Council minutes dated December 17City Council minutes dated Septenber 8Preliminary Plat dated September 29, I 1988 984. 986. ZONING ARTICLE XXII. "IOP" INDUSTRIAL OFFICE PARK DISTRICT $ 20-814o Sec. 20'811. htcnt. The intcnt of the 'IoP- District is to provide an area i<Ientified for large scale light industrial and commercial planned development. (Ord. No. 80, Art. V, S 16(5-16-1)' 12-1546) Scc. U!8f2. Permitted uses. Ibe following uses are permitted in an "IOP" District: (1) Ofl'rceg. (2) Warehouses. (3) Lightmaaufacturing. (4) Trade shops. (5) Ilealth services. (6) Printers. (? Indoor health and recreation clubs. (8) Body shops. (9) Utility senrices. (10) Recording studios. (11) Off-premises Parking lots. (12) Conference,/convention cetrt€rs. (Ord. No. 80, Art. V, $ 16(5-16'2), 12-15-86) Sec. 2G813. Permitted accessory uses. The following are permitted accessory uses in an "IOP" District: (1) Parking lots and ramPs. (2) Sigls. (3) Retail sales of products stored or manufactured on the site provided no more than twenty (20) perceqt of the floor space is used for retail sales. (Ord. No. 80, Art. V, $ 16(5-16-3), 12-15-86) Sec. 2G814. Conditional uses. Ihe following are conditional uses in an "IOP" District: (1) Concrete mixing plants. (2) Communicationtransmissiontowers. t227 o o fr $ 20,814 CHANHASSEN CiTY CODE (1) Q) (3) (4) (5) The fo'owing minimum requirements shall be observed in an "Iop,, District subject toadditional requirements, exceptions and modifications set forth in this chapter: o oThe minimum lot area is one (1) acr.e. The minimum lot fronrage is one hundred lifty (150) feet, except that lots I,ronting ona culde-sac shall have a minimum frontage oi sixty (60) feet. The minimum lot depth is trvo hundred (200) feet- The maximum lot coverage is seventy (?0) percent. off-street parking areas shalr comply with a yard requirements of this section,except that no rear yard parking setback shall be required fm lom directly aburtingrailroad trackage; and, no side yard shall be required when adjoiuing commercialuses establish joint off-street parking facilities, as provided in section 20_1122, exceptthat no parking areas shall be permitted in any required side street side yard. Theminimum rear yard shall be ,fty (50) feet for r"r" a't.""ii, ru*ting any residentiardistrict- Side street side yards shall be a minimum of t*"rrty-nuu (25) feet in alldistricts. Other setbacks are as follows: a. For front yards, thirty (80) feet.b. For rear yards, ten t10) feet.c. For side yards, ten (l0) feet. The maximum height is as follows: t (6) a b For the principal structure, four t4) stories/fifty (50) feet.For accessory structures, one (l) story. Art. V, $ 16(5-16-5), 12-15-86)(Ord. No. 80, t228 O (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) Foo6 0.o"""" n*. (Ord. No. 80, Arr. V, $ 16(5-164), lz-tb-86) State law reference_Conditional uses. M.S. $ 462.3595_ Sec. 20-815. Lot requirements and setbacks. IL_ CITY OF EHINHISSEN Engineer til@ I.,1EMORfu\DUM TO: FROM: DATE: SUBJ: Planning Commission Larry Brown, Staff September 29, 1988 PreJ-iminary Plat Review for Lots 2 and 3, Block 2 Chanhassen Lakes Business park Planning File No. 88-22 SUB, Rome Development This site is composed of a gentle topography rrith mature vegeta-tion scattered throughout the site. The subject lots alreadyexist as a mini storage warehouse facility located to the ealt ofParcel C and the existing one-story block building located to thesouth of Parcel C. Sanitar y Sewer Municipal sanitary sewer isI0-inch sanitary sewer mainright-of-way. the site by thewithin the Park available to which exi sts exi sting Court $laterma in Municipal water service is available to the site by the existinglO-inch watermain which exists along the common 1ot line of Lots2 and 3, Block 2, and continues through LoL 2, Block 2 to State Highway 5 (refer to Attachment #1). The plat for the Chanhassen Lakes Business Park does not show a utility easement.over thisvrater 1ine. It is recommended that a 20-foot utility easement beplace (centered) over this water line through the entire lengthof the subject plat. Acce ss The plans propose that the existing driveway and proposed drive- way from Park Court be joined. The proposed center islandmaintains a driveway separation of 12 feet. This separation isthe minimum separation that will be allowed. The two combineddriveways should be appropriately signed to separate the two-waytraffic for the driveways. A signing and striping plan will berequired prior to final approval. 690 COULTER DRIVE . P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900 lt-ff =\ Planning Commission September 29, 1988 Page 2 A11 access to the proposed site shall beaccess will be allowed to State Highway 5 from Park Court. No The plat shall be revisedside Iot and 10 foot front easements. to include the City,s standard 5 footand rear 1ot drainage and utility A cross easement d.ocument should be executed for the joining ofthe driveways and construction of the additional parklng ar6aimmediately north of the existing building on parlel C. Thiseasement should be presented to the City prior to final platapproval. Proper storm water retention has been accomplished through theponding sites in place for the Chanhassen takes Business parkp]"t. . The applicant is proposing two storm se$rer systemsthroughout the. parking lot. we iind that the ponai-ng that is inplace will facilitate the proposed drainage to accommodate a100-year frequency storm event and address water quality st andards . Grading and Drainage Profiles for the storm sewer system should be submitted toCity Engineer for approval prior to City Council approval . The site indicates Type I erosion control along the westerlyg! the parcel. these-plans shaIl Ue revisea t" in.orp"iii.'II (staked hay bales and snow fence) for the erosion iontroldelineated on the plan set. The City,s standard for theinstallation of the Type II erosion lonLrol shall be placedthe grading plans prior to City Council approval. Details which delineate the amount of rip rap, storm se$rerlities and any energy dissipators shall be submitted to theEngineer prior to City Council approval . Eas emen t s the side Type .t- n faci- City At the time of this report, MnDOT addressed the need for addi_tional roadway easements for the Highway 5 widening project. Theapplicant wilr be required to provide the necessarf ias6ments asper MnDOTrs recommend.at ion . It is therefore recomrnended that Lhe pJ_at be approved upon thefollowing condit ions: I I. The applicant shall obtain and compJ.y with all conditions of/ the Watershed District permit. 2 Planning Commi s sion September 29, 1988 Page 3 3 4 5 5 7 Attachmenls Traffic D iagram.I The proposetl driveway shall maintain a 12-foot separationfrom the existing driveway located to the south on park Court. The applicant shal1 supply the City Engineer with details(storm profile sheet ) for the installaiion of the storm sewerwhich shall include details for the rip rap, flared end sec-tions and energy dissipators prior to City-6ounci1 approvai. The erosion control as delineated on the plan shall berevised to reflect the Cityts standard foi fype II erosioncontrol (staked hay bales and. snow fence). ifre erosioncontrol plan shall be revised on the plan set to reflectthe Cityrs standard for Type II erosion control . The plat shall be revised to show a 2O-foot wide utilityeasement centered on the existing lo-inch diameter watermaint+hich traverses Lot 2, Block 1. This easement shall beextended between park Court and State Highway 5. The driveways (proposed and existing) shall be signedappropriately to designate one-way traffic for each driveway(refer to Attachment #1). A signing and striping plan shalibe submitted to the City Engineer for approval piior to finalplat approval . The plat shall be revised to show the appropriate side Iotand front and rear utility easements prior to final approval. The final plat shal1 be revised to reflect the additionalroadway easements for the widening of State Highway 5 if MnDOT forirards to the City written confirmation that addi-tional easemenLs are r equi red. 8. 9. The applicant shall provide the City with a copy of the ease-ment agreement between the fee title owner of Outlot C andthe proposed lot. o, ) .o-_ _ _ t =IUzo I ll t' o llrltl i j i C' I I 'u, tZiI ,F Gtt, ,Ao .EA 9+ o \( I I ! I I II ; I o r! 14 €F trt J- >iF. GItut o.i OlEqr I I I I I I Io ,r? o -\'r, o(E GF trl I oo'o I z dt 9N'xuvd SUnJ / -.ao=----- 'u1r^ eY/i "?^ .er i 'te =UJzo { .t,ll1il I j I I I I i ! o City of Chanhassen aCarver and In the matter of Chanhassen O$rner : RcfiEn Roos/Eal mffi Hennepin Counties, Minnesota Planning Case : 84-5 Site Plan Reviery eppl icant: re Address: Descr iption. Iot 3, glocl< 2, GEntrassen Iakes B]siJless Park S t'reet Lega I Purpose: Tc a1lo', the construction of a J.5,158 sq. ft. office/warehouse builtl-iag. Zoning District:P4, Planned Inahtstrial Evelor[rEnt The above entitled natter was heard beforeon Dece$ber 12, L984 g6. Planing Comrission an d uo for17,' t984 finalaction b The City erore the ChanhCouncil ordere original record thereof,and true surT[nary thereof . assen City Council ond that a site plan Pl-anner for t.he City of Chanhassen.compared the foregoing with thehave found the same to be a correct ( nsE) be gran Planning File ted based upon 84-5 Site Plan the documentation contained in 1 2 3 4 5 With ttre follcwing conditions: te applicant m.rst sulmit detaj.l of proposed lightjng fixtures, signage, and.trash enclostrres. ltrat tlle norEheastern perlEter of the proSrrty be randscaped r.rith fast growjag errergreens hterspersed with sinilar species used on the east side of theproperEy. ltEt a]-l [EEnanent parkjng areas be lined witn concrete curbing.that the applicant rust rEet city and Riley purgatory eeel< waiershed DistrictrEquj-rsrEnts. ftat tl1e e)dsting conifers to the north of the prcrposed trui].tuJlg rmsE bepreserved. State of llinnesota ) )ssCarver County ) l, Barbara Dacy City have and doh ereby certify that I Witness my hand10th dav of and of.f ic i a I January seal of , 19 85. Chanhassen. Minnesota, this / NOTE : ch arrhass en City I Jnner HA Council Mee!ing 0ec,,3," Ll , lg84 Actino l.layor Gevinq - If you stEa_i.ghtened the back like you did rith "Crr you lrould description. You Iive on lot trAn? Councilwofien happen in the aa a oetes sn either case b to have E lot Earb Dacv not apply. Iot Lines for trBn all ths ray to a Iot of the meteg and bounds o -5- l{Eyne Fransdal it. If I rould get access to Chaska Road, I nould certainly considet out the cut doxn l{eyne Fransdel That is coarect. Thatrs only provided for in the R-la District so in thie caBe tt rrould Swengon - Iha point thst I am naking ls I am Looking at nhatrs going tofuture. tre are talking nor about lrhethe e are goLng to alloe thisd bounds or nhethes |,e ase going to require lots. lle hEve a psoble! 1necauae ItCn is definitely against our ordinances. you are not supposodthst is ttrice the depth of the ridth. Counci.lrorsn liatson moved to approve the subdivision of Lots 27 8ndAddition. The appLicant is requi.red tq place such in plat fornot.by Acting t'layoD Geving. The folloiing voted in favor! Actinq MayqsCouncillroman Watson. Counciloan Horn and Councilronan Srenson voted f 8i Led. 28, l.lurrsy Hill ilot i on eeconded Geving.nd no. Hotion CounciLman Ho.n moved to approve Hurray Hill Additj.on as proposed. bounds subdivision of Lots for lack of a second. 27 and 28, Councilroman Srrenson ooved to qpprove the subdiviaion of Lots 27 snd 2g, urEayAddition provided the applicant extend Lot gn to the resterLy lot line and platthe property as tecoomended by the City Mansger. llotion seconded by councilrooallatson. The foltorling voted in favor! Acting [syos Geving, Counci]1666n 5*"n"oand liatson. Councilmso Horn voted no. llotion car!red. HiII the metes and Hotion died n n SITE PLAN APPROVAL FOR PARK COURI PLAZA, CHANHASSEN LAKES EUSINESS PARK:Barb Dacy - rrre fioperty i" r.""t"d t;lh;;;;;;;;T"k " " Br; ";a; the end ofPark Court and the applicant is proposing a l5rl5g square foot tra!ehouse and offieecorplex. It appears that the proposed site plan neets the requitements of the p4Dlstrict and l{e have sooe minor reco,Inendations such a9, applicont, beFore thelasuance of a building pernit, subDit in detail the proposed signage, lighting locs_tion and the access and screeniog detalls of the trash enclosures. lle alao have!ade solls landscaping teconnendations, for exanrple, that the existing conifers bepreserved fo! screenj.ng From the highl{8y and thst the!e be lor, nayUe three or fourfoot hiqhr vegetatron betreen the rot Irne and the pa!king area. Finar.ry, concaetecurbing excspt in those a!ea9 that intend to be expanded and as usuaI, the ratersheddlet!ict requirenents lrilL have to be ret end any City drainage requiremants thsthave been identified in the City Engineer's neno. CouncilroDan 5|{enson noved to approve the l5,l.5g building, Park Court Plaza, Ronan Roos applicant, conditj.ons: square fooL subject to office/warehouse the folloxing l. The applicant must subnit detaj.l of proposed liqhting features, signage, andt!ash enclosures. 2' That the northeastern perimeter of the property be landscaped ,.ith fast groringevsrgreens intergpersed rith sini.r.ar specieg uged on the esst side of the pro_Party. t. Ihat all perlrtqnent perking atees bo lined trith concrets curblng.4. That the applicant Eust oeet city and Riley purqato!y creek rat!rshed Dietrictrequi.!enentg. I L c o - 6-,eeting December l7 9 84 ,n6t the existing conifers to the north of the proposed building nust be pre-se!ved. on seconded by Councilrooen fetson. ng, Councilllomen Swenson and llatson, on carried. ti The folloring voted Counci Iman Horo. No ActIng Mayor votea. in Fa vo r: negative6evr Itloti t PA R( AND RECREATION COHHISSION RESICNATION AND APPOINTHENI:Counci Im6n Horn novedto accept Richie Hempingrs resignetion letter under Couocil siqnatuIe. l{otion follorlng votad in favor: Acting t{ayor Srenaon and lfetaon. No negati ye vote9. snd di!ect the Clty l{anagea to prepatr a ssconded by Councilroo8n 5trenaon. The Geving, Counci loan Horn, Councilr.oDrn llotion carrled. Actlng llayor Geving moved to accept the park and Rscaeatlon coEoiasion !ocoDnsn-dation snd sppoint llaLlace ilcKay to serv6 for e three year tertr. i{otion srconded bycouncilrooan llatson. Ths follorj,ng voted 1n favor! Acting [8yor Gcvtng, councilosnHorn, Councllrooen Srenson and llataon. No negati,ve votes. [otion carried. Lorl Sletsellla ras appointl!ent. directed to send a let!er to Hr. Mc(ay ackoonledging hia TRANSFERS AND CLOSINGS OF PARK FIJND ilONIES: RES0LUTI0N ,94-66. Councilwoman l{Etson moved tho Edoption of a resolution authorizing the closing and t!ansfer of cettain funds. Resolution seconded by Councllroosn Srenson. The folloring voted in favor: Acting }{ayor Geving, CouncilIIan Horn, Councilr.ot!eo SHenson and l{atson. t{o negatiye votas. I,lotion cer!LBd. COUNCIL YeEed on PACKET DELMRY: Councilroosn }{atson asked that Council, packets be deli- EEV IEI B Frl day avening. SIDGE REPLACE ENT ON TH 159:The Ci.ty Engj.neer presented MnD0T plane for Highsey 169. No action },as taken.teconatsuction of I bsidge on Trunk Councllnan Hosn ooved to adjourn. Hotion seconded by councilroEan sranson.folloring voted in Fayors Acting Hayor Geving, CounciLran Horn, CounciluoDan Srenson and liatson. No negativs votes. Motion carried. Ihe 0on AEhrorth City l{anager 't P05III0N CLASSIFICATI0N PLAN. 1985 BUDGETARY t{00IFICATI0llS: Council.iooan liatson ooved to accept the position clsssification plan for I985 a8 presented on this dateincluding the conments of the City Hanager j.n hie irenorandun of Decenber 17, 1984,regarding the freasurer position. !|otion seconded by Councj.lman Horn. Thefollolrlng voted in favor: Actj.ng Mayor Geving, Councilman Horn, Councilxonen l{ataon and Slrenson. No negative vote9. Hotion carried. a City Counci I !4eeting - September g, 19g6 o I- g, =yrb Mayor ,amilton moved, @uncir-man Geving seconded to table this item untir thenext regularly scheduled Srlncil 1-ri6 on sepGmber ZZ, lgei pr.=.""i-toDavid transents request. A1r voted rn ii"* *Elr.tron carried- IMIlIARY / ;StrTE pr,AN REVTEW EOR A "Z1-arrcr-zl-cna--mrE5Sef 64,39I SQUARE TAKES BUSINES ILITY, LOTS I AND tl I.l I Ii [,- f{#, T mini-warehouse storage faci 1ity.The proposal contains O4 ,000 square feet. uy'Barbara Dacy:the site is located in the southr,rest co rner of IH 5 ard parkDrive. As you recall, about a year ago the most interior lot was consideredby the Council for a site plan revi er., for an industrial buildi nS. However,since then the plans have fallen through and the applicants are proposing the What is bei ng proposed is the bui ldings and the storage un its are forming aIErlmeter arourd the site ard con tainirg additional sto rage in the site. A24 hour securi ty room is also pro posd in the corner and there will be asecurity gate at the entrance off of pa rk Court. The proposed hours ra rgebeLween*qg aJIi.. and 10:00 p.rn. As you all may surmise, because of thevisibiliQz of this particula! lot,the CiQz is veqr concerned about theappearance from the ma jor entrance into our communi ty. the applicant hasproposed lardscapirg a lorg the perimeter of the lot , especially alorg the northside adj acent to TH 5.Staff is recomrnend lng and the planning Commission alsoapE:roved installation of additional lards caplng.A1so, what is being dore onthenorth side is that the rear of those units or the wall, what wilL be seenrs approximately a 4 foot wall vrith cut-outs alorq the vray. you can see thoseon t-te plans that you have in your trEckets to break up the expanse a Little aswell as the Iardscapi rg wiU aid to that eff ect. SincE the planni n3Commission meeting,the Manager and the appl icant met to discuss tiis whotevisibility issue.We are satisified that you will not be able to see thecenter of the site from TH 5. An extensi ve stand of mature vegetation in thenorthvrest corner of the site r^r i 11 al so ai d in screenirg of the proposeddevelopment. Ihe planni ng Conun ission recommended approval of the site plansubj ect to tle four c orditions in the Staff Report. AII bituminous sur facesmust be lined with crcncrete curb, installation of addi tional landscaping,compl iance with the tiatershed District's requirements,installaEion of pro Pereroslon control measures and the Commission added a fif th condition whichrequires that no outside storage be permitted which wou Id protrude from thesite so that you would be able to see it from ad jacenE streets and pro perties.Their intent bei rlg that if storage is to occur on site, fine but it s hould notbe visible from adjacent streets and prolErties. With that, I know thatthe appl icants are here. r 1 I c'ourcirwoman watson s4id her big concern rras the apperance from TH 5 and thatseemed to be addressed ,r.th.!h. iartscaping. ttre onty other question was whatmateriar rras !o be used in the warr. lrar( senn stated that it wourd be eitherrock base brick or red brick. Courcilwoman Watson also stated tle fact that someone had brought up the factthat chanhassen means sugar Mapte in rrdian ard did ct= uppilcinf ;i""'.;.using any. Sugar t4aple rr-ees in- rh"i; t;;.;;9. Nick R:ehl, Archirecrrepresenting LSR properties, srared they were roor<irq i"l; a;i,rq ;;".Ii"r, .. 7 ft+ , i -'-., -' , PTAT REOUEST TO CREATE 3 T,qIS, IO8 PIONEER TRAIL, DA.VID BqNSEN. :i21 ao City Council Meeting - september B, LgB6 the hardiness of the sugar Mapre Tree in beirg a crose to a major road to seewhe.r3 an appropriate pr"ce to Flt the sugar l,iapte Trees and it wourd be noproblem to accomodat€ ttre planlirq of Sugat !,taple Trees. councirwoman watson statd that she did not want any outside storage. liarksenn stated that there wourd be rp outside storage,'thJ-al=* ;i;-i;'..adesigrned for outside storage arrJ they do not intena to huve ;t ' trui.u ou.y.stated that outside storage is a permi tted accessory use in an rrdustriarDistrict and ttrat is wherl that frrticutar use of fne fana i;-"i;;;:- @uncilman Cevirq asked if the Staff had dore any .alculations on the density 9.f the green q)ace. Barbara Dacy stated that ft; site was -uror"*rJzit "othat h,as not an issue. @urc-irman Geving stated that he wanted to see the randscaping requirementsfor. plantings every 80 feet be reduced to every 25 feet to be in conformancewith the east side and ttre. south side. the apllicant; ";G ;;;;;.problem with that. oounci.lman ceving srated-he w"= i.ntereiiJ ii lt" brtyElgineer's c.runents and that everythiig seemed to be in order-i";;-;'utilities, - drainage, streets. the onry concern the city Es;; -[ioJo:t1t tothe attention of rhe ciry courci.1 was -potenrial fo*id"ni;A;-f*TH'iIt ,i.athat might do to, not the projecr uecause tre buidirg wiri L-rn-irl..,^ uotwhen it happens the frontage ot rtr s erirr move crosJ to tir" uriraiii*iia trr.rest of the road could be ihoved further to the north. otfrerw lse, Llifeathe plan and thought Chanhassen ne€ded it and was all for it. l''ayor rhmilton stated that te was surprised when he saw a storage facirity |it9.Uri-s being proposed for rhe imtr:strial. park. In his mind it aian;i .."*to fit there ard he was not real p Lcase<r in ieeirg it there.- Fb "r-J.-."a..g.it i.s one of the lErmitted uses but at the sarne time it is not one of the useste was lookirg for in an irrrustriar park. Mayor Hamilton arso stated that heabsolutely did not want any outsidc storage. j J i- I t_ I'hyor Ha'nilton stated that in suctr .r facility there is ttE possibiritv ofhazardous marerials beins broughE in .rnd stoied ilih;=.;J;;=:'-il;.; flt.*:: was thinkirs particurJrry of rh-- incidenr rhat. nJppeiea uUri-i y...490 hrhen a car brew uo from exprosives that were stored in -tl.e car. He asxeardhat is to prevent the- ".*" type or irdi.viduar rro. stoiint ""pi."*.=*i" "garage facii.itv simirar to thG arxJ having an accidenr "h.i"-;;;;"-loora u.i:ry:* again. . Mark senn srated El)rr rhey can ard do controi inJ r"i'lnsurance ard other rooses. they rvirl not arlor., the storage .i-LrJra.o.maEerials in Ehis racirity. There- r.rilr re a 24 hour a day caretaker at trefacility. When something-goes into Ehcl;,J storage uniEs, the careEaker wilt be!lg*. l,layor. namilton gsked if he inspsr;g66 ev6rythirg th;a ;;;; il; " storage. Mark senn stated that was the r)urpose for .secur.ity p,rip""""'.no p.tof security, as far as they are con\-Lrrn.;1, ls what is goi.trq- ;#;;r""They do not $rant anythi.ng hazardous .roin.y into tr,er". 'rn"i G'".a a". Jr=v u-a::*-.:T mighr noE pur.a fishirg boar in ,rrd rhere mighr be a rittie qaJrerErn tie motor or something Iike tJrat. .Ih..:re wiII be a sEatement in tfr.i.renEar maEeriars ard brochures whicr putri a requiremenE on *," uppri.lni rc9:"i:.r,"! s.ruf! !o any kind of minirnrr lever Lfore srorase. i;!-.ii...r,i"grs that trE buirdirgs are construct.d totarly of non-combuitible materials.t 8 o City Counci.l l=:ing - Septex:€-_ , c .:.4 /--),l isn't anythin: :c burri'.il.;;.- .\' '\'irEents conf i::'r: . '. )\til?it=r.. Ht:I"tTr'I"=i.'i'E.f'":"1'*=1..,, ::-.;1r:-'J?=J::''-.j --\'\:p,":1.--- Roman Roos sE--d that U"".u=. --i .,\: iosuranc€- rates ::.0.- :i.--= ]-.exP1os1on- E5?Ii!3:E,J"'.']t:l",'Ji:.1:i',:"i.:ff 'il::'.l"Xi:.lX\.:i,!l;'?fi;J: ,*:,,=lTti{*:{'::i:Sl'.:";;i::ffi tr::::::s'-.1=,!i3l'#x'"'" -'o[unent' t'nI=s it is in the:::\\ts\'' that- every t]'me i\"' '- \:c was nrs rhat ir is so:q to u" r*iJ-=-. \\n.tn Roos slited- .\\\'i.S,Tlethin9 in disclaimer th= they would ha.._* N s,r.ln. I'tayo|. Hi|tu s.i: sl.s--,,.'1..I idisclaimer woud save LsR frc. :.*ttl L'ttE not rrElvrclui'is .'f. .iirlf ?!a'*.a. Roman Roos st..-3d that vrith L= l.[\l:n\rPing.utd ,*" $i:: \.. \\ \...i1! -_. :ffi .ffi il'T:.T;f ll?if ',1..,1',.,':,'.*u.f.**r1"...:s.':,'::I..+f :.- [il".T5]1"'E*,lli=',i?;irr.':i::-i'"':F;ilsi;.T.il::\.>s#:Iili...are hundreds c geople workin: ...r l lr'l.'\ - wlfl yo facirity, ti,"= i"-in. ",iii:;i.' ir.,\,'r Hamitton said rn' ..,..')t.|!e 'ou'industriar.;;;;.il; ij#]'i-..,."i'i ,t'u heart or.tio s.*,'' l::)l::-'T"t ""wtrore inausir- ;;;ii-#;r- -.,,, . , uu, p-'rson workin'l i \': ' r ' '. "'rtons of the stated the pr.-=e prouili: --'.',., r.,* L.".. "\':ran Roos @urcilwoman ;iEson stated s:: .:', hr'l ';.'e anythi-ng al:+'.:1 Dacy stated Ei-= from t o-inl=j. ,'rllrr'1, ttle applicant r .., I '.)tt Barbara for the p.op"-.-. -- lL. k-s"#:== .,1 r r wou.Id be locac.ri .., ; ..'t,,:^=,:T :t.'r:l They hadn't de::ed on which :,-: .t llt' buildirg It-\i\'.:..r .1. '.'-e-fl 5 sl:s' councilwoman i::son stated sr: :, lrr'l r',Jnt a blg red 'r:l\: .\ . . " 'rLr!' the side .e u-'rrlial"g.'-;;.,, , 1,.r, !.statd that tl-* ,....'. ....].tl stamps: -'ir give ttran ti," =;lri-t""i."6i--... ,, ,1 I ,tign or a pylon :r'..".. "'": inance will Councilman Ho= itated that fE , , , , ," llcd -Eo hear thor.' ,t another build:: in the indus::.. rt l,rrk and he snared )l.r\..: .,....':-^:Y-*disappointmen: -:r this Eyre o: , 11 lt'/ rn EnaE rocatl.':L .. ...' j-Yi - -ir is an approad type oi'use ..,\r ,r:,.i isn'E "r*r*.Ii,;\1,,.i.':,lri5=l3Ti.,:l=but he is not =-:ribly excitec .:.,,,r lllrs Elpt ol facil tt\' .r ,',ii-='t^"--1 . Back in t}e ccrer i" . [iiJ "., .,' ,"" in his mind' - -' \ 't\ llris rocatic:- 3::*:'i3 E=.s";il"i. ;;:' 1,1, ;,' ;',llt :;H tll"l.; l:'' :1.' ;l:1.r .r- o*si j: tryirg to G s:j was a["t 16--..:,r,,.l r,,L favor any out:;i.t ' .,..,],.1.'']'11t _whaE ;i Hiii:lsltr'.';x'.T,,Ti,? ff ,"1'11',',-iiJ. YiT;."'l'il,;.:"::,,,:;ljft{;ljJ'; storage. Counci lwoman ,.-ion moved, Cc:r-r , .,,, r;cving- secondL{ l,r ,,*..pran +es-i on ;;iffiil?.1,',,',,, ,'r,,ccived Jury 23, i,'iilui';Y -*"-..:::sguare foot lr.--**"i,o*I'.i-Irr', / 'r, T-t_.,1-?ll=,2, nt.,..*' ..,',it.,ininjjitr.,=..*Business Park, .::DjecE rc tfa if ,,rrt trtl cordi:Eior ) I I r !r.I : oo City Council t-teeting _ Septenber 8,1986 ::l"::i:iTffs surfaces nor bourxled by srrucrures sharl be rined wirh 2- the deveroper sharr prace, at minimum, three more pine trees arongthe north lot IirE uair."nt U-il;:', 3. Compliance with al,l of the Watershed District,s regulations on newconstruction. 4. ftosion control shall F installed along the east, south and westconstruction timj.F ard conform ,iur ciry stardais i;;-rfi i,u.n zas noted on Exhibit A. 5- llc outside storage_ is permitted which wourd protrude above the warlard rould be visible ficrn adjaceni "l.Lt".All voted in favor except r'hyor Hamilton erho opposed. rhe motion carried. l,byor Hamilton: I'm opposed because I think it is not a proper use of the I , -4 I I CONSIDER FEAS IB ILITY STUDY FOR SANITARY SEWER S ERVICE 1O !.]EST 55THCRESTVIEI\, DRI BiIl Monk: Several months ago the City CounciL approved preparation of afeasibirity study for sanitar-y *r".- o'tui-Joi, ao osat street and crestviewDrive based on information piovial uv-il.;i'i"a residents in the area abourinrcparable ard faitinc septit systemr'uJ-Gj'.pproval vras based onsubmission. of a petit-ion. the -petition ,.. -.ur* itted by a number of residents:f-i:. :Zt*ip_^ia,- r _made the det""oinuiio" -tr.,ar rhey rE)resenredapproxrmatery 35t of ttre homeowners in trre area so tne reaiii::. iily-stuay wasfinally puE t@ether- I'm a littte bit ;i;;-* gettirg ir compleEe. councilhas.the study 6efore them at this point -una'.-tpv was sent to arl of the1esia55 0r effected property ow-ners arorg the proposed route of the sewer whowould be proposed to be assessed. Al thorigh tlis is not a public ;;;;,because of my involve*"1: i1 trris p.oi.Jl'j iji in"it rhe residents in rodiscuss this item with the c";;;l f if-'"d.i .o".ioo". ronighr sc a fulldiscussion could take olac.e before tfn p:U'f ic hearing. ,y intent is not togumble the process bui again, witn tiie -.;;;;"ir.""" of my- being here only fora few more days, r fiqur& rhis was tG u"-J;;y ro get a full discussion onthe item. whar r woutd Iike ro ao is jusJiun'tt.orir, rh. .;Jo;-6;ii""" .rthe report aol anserer questions, go ou6. potential costs. General sites invorved ate t'Jest 55th street arxl crestvieq/ Drive, both west ofCountsy Road Il7. My initial.,thoughr wirh rhis project ".= a;;;;;;;;.""areas which are outside of the eiisting Munici.p'ar -uruan service- a..i] ci," a trr.vwould not be servicabre by gravity sewer ard ti;at a lift station 'roira 'ir"r. aobe.praced in t},e approximate loca-Eion of the r.or..t serri"e point in the areawhich r.rour-d be at the crestview Drive/cR lr7 intersection aJ G* p*.p.=ao a*north to an existinq sanitary sewer further north on cR Ir7. In lookinq aEthe proposal a littie bit cl6ser, nea a site'suiroy aone, a very quick one but L II r_ 10 b L.----t CITY OF EHANH[SSEN STAFF REPORT P.C. DATE: Oct. 5, 19g8 C.C. DATE: Oct. 24, 1988 CASE NO: 88-14 CUp Prepared by: Olsen/v Fz C) =(LL B hJFa PROPOSAL: LOCATION: APPLICANT: Pernit for a Day Care in the IOp Chanhassen Lakes Business park Conditional UseDistrict Lots 2 and 3, Block 2(Future Parcel C) Roman Roos 1450 Park Court Chanhassen, IrtN 55317 N- s- E- w- WATER AND SETTIBR: PEYSICAL CEARAC. : 2OOO LAND USE PLAN:Industrial IOP, Industrial Office park 2.25 acres RR; Lake Ann park IOP; creek and outlot IOPi ltini-storage and Rotne Development IOPi Paisley park Available to t.he property The site is heavily vegetated PRESENT ZONING: ACREAGB: DENSITYs ADJACENT ZONING AND LAND USE: -l It loP ot lf T II o --- Fao U I o RSFLATE AilIY o -t .D R R 1 OIR12cT,Btz € E ?1 E R12 LAKE SUSAIV J d) U)(ts td,od- R8 IG TH t { R4 .1 ! \ rl RD BG .,rr() RD RSF I Park Place October 5, Page 2 Day Care 1988 APPLICABLE REGULATIONS The general guidelineper six children plus The setbacks for theside and rear yards. stories or 50 feet. for day care parking is one one per employee. parking space IOP District are 30 The maximum height front yard, I0 feetbuilding is 4 feetofa Section 20-902 a11ows grouping of buildings in districts otherthan single family residential by a conditional use permit. Section 20-1191 requires a 10 foot strip of land between abuttingright-of-way and vehicular use areas including one tree per 40feet. and a hedge wal1 or berm of at least 2 feet. Section 20-LL92 requires interiorwith one tree per 40 feet.property lines to be landscaped Section 20-L277 requires interior landscaping for vehicular use areas . (Attachment #1) REFERRAL AGENCIES Assistant City Engineer MnDOT Attachment #2 " Improvements appr ox ima te 1y r ight-of-way . " Hwy. 5 wi 11 requirefeet of addi t i onal to 40 Outaloor play areas shalI be located and designed in a manner which mitigates visual and noise impacts of adjoining resi-dential areas. Each center shal1 obtainlicenses.applicable staLe, county and city 2 The Planning Commission also recommended staff to provide addi-tional safety points for City CounciL consideration. Staff BACKGROUND The City is currently reviewing a zoning ordinance ameod.ment. toallor., state licensed day care centers as a separate facility inthe IOP District as a conditional use. The Planning Commission approved of the zoning ordinance amendment with the followingconditions for the contlitional use permit (Attachment #3): 1. The site shall have loading and drop-off points designed toavoid interferring with traffic and pedestrian movements. 3 Park P lace October 5, Page 3 Day Care 1988 reviewed the typical impacts that should be evaluated which'include traffic, noise, separation belween uses and air quality.Staff reviewed the stat.e guidelines that must. be met for -any diycare t.o be licensed by the state and found that they were vlrydetailed and that. they provided adequate standards ior a day carecenter (Attachment #4). The City Council felt that although thestate regulations were very complete, that staff should alioresearch additional condiLions covering the following: 1. The percent of green space required within a play area orelse decrease the amount of impervious surface permitted fora day care center site versus the permitted 70* in the IOp Di strict . 2 3 The site must be on a cu1-de-sac or To provide specific regulations forpollution and testing requirements. deadend st.reee. radon, noise and air ANALYS I S The applicaot is proposing to construct a 6,700 square foot daycare center on 2.3 acres of property zoned IOp (Attachment #5).The proposed site plan Iocates the building in the northwestcorner of the site adjacent to Hr{y. 5 and Riley Creek. The sitewiIl be accessed from Park Court cu1-de-sac, sharing a drivewaywith the Rome Development building. The site plan is providingparking areas on t.he easterly port.ion of the pioperty iod southof the proposed building. Traffic $ril1 enter the sile from park Court and the site plan is providing a t.urnaround for thedropping off and picking up of children. There is a play yardbeing provided on the northeast side of the building.- The- siteplan is maintaining the reguired front and side yard setbacks andis also maintaining the reguired 100 feet from the centerline ofthe creek as required by the Watershed District. The proposed development of the site is below the maximum 70t impervious sur-face allowed in the IOp District. Park i ng The requirements for parking for state licensed day care centersare one parking stal1 per six children plus one per employee.The applicant is proposing to have the facility licensed ior 42children with 7 employees which results in a requirement of 14parking spaces. The site plan is proposing 20 spaces. Theapplicant is also proposing additional parking staIls adjacent tothe day care facility. The applicant would have to 9o throughanother conditional use permit process to provide the additionalparking since it impactss existing site plan features. Park Place October 5, Page 4 Day Care 1988 The applicant is also showing a future building located on thesouthern corner of the site along r,vith future parking. The ordi-nance permits multiple buildings on a industrial site upon appro-vaI of a conditional use permit. The applicant woulal have toreceive a conditional use permit for the future building. Duringreview of Lhe conditional use permit for either additionalparking or the second building, the proper setbacks, parkingrequirements, landscaping and impervious surface reguirementswould be reviewed. The aoplicant 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 of f ice,/warehouse facility.The applicant must provide a cross easement to be recorded wiihCarver County prior to construction of the parking area. Future Proposal Lanilscapinq The site is heavily vegetated. The applicant is preserving theErees along the westerly boundary and some individual treeswithin the site. The applicant is providing adequate interiorlandscaping and screening along the northerly boundary.Additional screening is necessary betereen the day care site andthe westerly boundary of the mini-storage facility (I treel40')and evergreens should be included to provide 50t winter opaciLy. Play Area Utilities, Gradinq and Draina qe In Attachment #2 the Engineering Department reviews access, uti- I ities, grading and drainage. The play area is located adjacent to the north and east side ofthe day care facility. The area and Lype of equipment is regu-lated by state regulations. The play area contains pea rock, sodand sand. The City Council directed staff to provide require-ments for open space within play areas and decreased impervioussurface for the whole site. Staff has not determined therequired ratio of impervious surface and open space. These addi-tional regulations will be present.ed to the City Council duringthe second and final reading of the zoning ordinance amendment.It appears that the applicant is providing an adequate amount ofgreen space within the play area and is maintaining a high per-centage of open space. on the whole site. Approval of the con-dit.ional use- permit will le condiEioned upoi-meeting theconditions established with the zoning ordinance amendment. The site is located on a cul-de-sac which is a condition ofthe zoning ordinance amendment added by the City CounciI. TheCity Council directed staff to add conditions requiring testingof radon, noise antl air quality and to determine standards whichmust be met. and maintained for the day care center to be locatedin the IOP District. Staff is in the process of researchingexisting state regulations and reviewing standards to add as con-ditions for the conditional use permit for day care centers inthe IOP District. Since the conditions have not yet beenestablished, the conditional use permit will be conditioned uponmeeting these requirements. The final conditions wilI beestablished as part oi the second and final reading of the zoningordinance amendment which is scheduled for City Council review onOctober 10th or 24th. Radon,Noise and Air Quality General Conditions for Conditional Use permits The Zoning Ordinance also has 12 general standards for con-ditional use permits. 2 lili11 not be detrimental to or endanger the public health,safety, comfort, convenience or general welfare of the neigh-borhood or the ci ty. * The day care facility will not be detrinental to or endanger the public health or general welfare of theneighborhood or City. will be consistent with the objectives of the city,s compre-hensive plan and this chapter. * The comprehensive plan designatesindustrial. Although a day careindustrial use, it is a use that uses found in the IOP district. the subject site as center is not an can support the industrial Will be designed, constructed, operated, and maintained so tobe compatible in appearance with the existing or intendedcharacter of the general vicinity and will not change theessential character of that area. * The design of the day care center wilL be less of anindustrial design than the other permitted uses within the IOP district and will not be detrimental to the charactserof the area. WilI not be hazardous or neighboring uses. I 3 4 disturbing to existing or planned Park Place Day Care October 5, 1988 Page 5 Park Place October 7, Page 6 Day Care 1988 * The day care facility will not beto existing or planned neighboringwithin the IOP district. hazardous or uses since d i sturbi ngit is located 5 Will be served adequately by essential public facilities andservices, including streets, police and fire protection, drainage structures, refuse disposal, rdater and. sevrer systemsand schools; or will be served adequately by such facilities and services provided by the persons or agencies responsiblefor the establishment. of the proposed use. * The day care facility will be servedfacilities and services.adequately by public 6 7 Will not create excess ive and services and will notwelfare of the commun i ty. reguirements for public facilities be detrimental to the economic The day care facility will not ments for public facilities and create excessive services. requ r re- wilI not involve uses, activities, processes, materials, equipment and condicions of operation that wil1 be detrimen-tal to any persons, property or the general welfare becauseof excessive production of traffic, noise, smoke, fumes,glare, odors, rodents, or trash. * The day care facility rrill not involve uses or activitieswhich will be detrimental to any persons, property or thegeneral welfare. Will have vehicular approaches to the property which do notcreate traffic congestion or interfere with traffic orsurround.ing public thoroughfares. The proposed site of the day care site has adequate vehicu-lar approaches and do not create traffic congestion orinterfere with traffic from surrounding public thorough-fares . 9. hlill not result in the destruction,access, natural , scenic or historic f icance . loss or damage offeatures of major solarsigni- 10. Will be aesthetically compatible with i The proposed day care facility willpatible with the area. center hri Ilof site the area. be aesthetically com- The proposed site development for the day carenot result in the destruction, loss or damagefeatures of major s ignificance. 8. Park PLace october 7, Page 7 Day Care 1988 11. will not depreciate surrounding property values. * 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. SPECIF'IC CONDITIONS OF THE CONDITIONAL USE PERMIT FOR STATE LICENSED DAY CARE FACILITIES IN THE IOP DISTRICT 1. The site sha1l have loading and drop-off points designed to avoid interferring wiEh 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 which mitigates visual and noise impacts of adjoining dential areas. man ne r resi- The siEe plan provides the day care facility with outdoor play areas which are located and designed to mitigate visual and noise impacts of adjoining areas. Noie: As part of the zoning Ordinance Amendment, staff witl be changing the wording of #2 to state visual and noise impacts of adjoining indust.rial and residential areas. 3 Each center sha11 obtain applicable state, county and city l icenses . RECOMMENDAT I ON Planning staff recorunends tshe Planning Commission adopt che f ollowi.ng motion: The proposed day care center cable state, county and city "The Planning Commission recommends approval of Permit Request #88-14 as sho$rn on the site plan 15, 1988" with the following conditions: will have to obtain all appli- licenses. Conditional use dated " September 1. The applicant provide the city with a cross easement proposed parking for the Rome Development building onsubject site. to allow the Park Place october 7, Page 8 Day Care 1988 applicant submit an amended landscaping plan which provi- additional landscaping between the day care facility and mini-storage hrarehouse facility including evergreens. site plan must meet any additional conditions as part of zoning ordinance amendment for day care facilities in the Districc as conditional uses. 2 The des the The the IOP 3 5 The applicant shall obtain and comply with all conditions of the ulatershed District permit. The proposed driveway shaIl maintain a 12-foot. separation from the existing driveway located to the south on Park Court . The applicant shal1 supply the City Engineer with cletails ( storm profile sheet) for the installation of the storm sei{er which shal1 include details for the rip rap, flared end sec-tions and energy dissipators prior to City Council approval . The erosion control as delineated on the plan sha11 be revised t.o reflect the Cityrs standard for Type II erosion control (staked hay bales and snow fence). The erosion control plan sha1l be revised on the plan set to reflect the City's standard for Type II erosion control. ?he driveways (proposed and existing) shalI be signed appropriately to designate one-way traffic for each driveway(refer to Attachment #1). A signing and striping plan sha1l be submitted to the City Engineer for approval prior to finalplat approval. ATTAC HMENTS Zoning Orilinance requirements. Memo from Larry Brown dated September 29, 1988. Planning Commission minutes dated September 7, 1988. State regulations for day care centers.Letter from Instant Web. Site plan daced September 16, 1988. 7 8 I 2 3 4 5 6 6. 4 ZONING $ 20-814 ARTICLE XXII. "IOP" INDUSTRIAL OFFICE PARK DISTRICT Sec. 2G811. 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) S€c. 2G812. Permitted uses. lte following uses are permitted in an "IOP" District: (1) Offices. (2) trIarehouses. (3) Lightmanufacturing. (4) T:ade shops. (5) Health servic6. (6) Printers. (7) Indoor health and recreation clubs. (8) Body shops. (9) Utility services. (10) Recordingstudios. (11) Off-premises parking lots. (12) Conference/convention centera. (Ord. No. 80, Art. V, $ 16(5-162), 12-15-86) Sec. 20€13. Permitted accessory ulles. The following are permitted accessory uses in an "IOP" District: (1) Parking lots and ramps. (2) Sicns. (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€f4. Conditional uses. The following are conditional uses in an "IOP" District: (1) Concrete mixing plants. (2) Communicationtransmissiontowers. 1227 ( + C u t s 20.814 CHANHASSEN CITY CODE C ( 1228 e (3) Public buildings. (4) Motor freight terminals. (5) Outdoor health and recreation clubs. (6) Screened outdoor storage. (?) Researchlaboratories. (8) Contracting yards. ' (9) Lumber yards. (11) Hotels and motels. (12) Food processing. (Ord. No. 80, Arr. V, $ t6(E-1e4), t2-r5€6) State law reference_Conditional uses, M.S. $ 462.3595. Sec. 2G815. Lot requirements and. setbacks. The forlowing minimum requirements shall be observed in an ..Iop,, District subject toadditional requirements, exceptions and modilications set forth in this chapter: (1) The minimum lot area is one (1) acre. (2) The minimum lot frontage is one hundred fifty Obo) feet, except that lots fronting ona cul-de-sac shall have a minimum fr.ontage oi sixty (60) feet. (3) The minimum lot depth is two hundred (200) feet. (4) The maximum lot coverage is seventy (ZO) percent. (5) off-street parking a.ees sha, comply with a, yard requiremenls of this section,except that no rear yard parking setback shall be required for lots directly .Uu*iograilroad trackage; and, no side yard shall be required when adjoining commercialuses estabrish joint off-street parking facilities, as provided in section 20--u22, exceptthat no parking *"*. "L"ll be permitted in any required side street side yard. Theminimum rear vard sha, be fifty (50) feet for rots directly abuttin* *y ,""ia""ii.idistrict' side street side yards shall be a minimum of twenty-five (25) feet in alldistricts. Other setbacks are as follows: . a. For front yards, thirty (A0) feet.b. For rear yards, ten (10) feet.c. For side yards, ten (l0) feet. (6) The maximum height is as follows: a. For the principal structure, four (4) stories/fifty (b0) feet-b. For accessory structures, one (l) story.(Ord. No. 80, Art. V, $ 16(5-16-5), 12-15-86) r \ ZONING ARTICLE XXIII. GENERAL SUPPLEMEIVTAL REGULATIONS DIVISION 1. GENERALLY Sec. 2G9Ol. Overhead transmission lines. Installation of overhead transmissiou lines in excess of sixty.nine (69) kilovolts shall require the issuance of a conditional use permit through any district located iu the city. rhe city council, in additioD to the standards established in article rv, 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 priucipal buildings on same lot In any single-family detached residential district not more than one o) 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. 2G903. Temporary structures and uses. The city may authorize as a conditional use the temporary use ofa 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. 2G9(X. 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 frve (5) feet from any rear lot line. (c) In any residential district, no accessory building or structure shall be erected or constructed prior to the erection or construction ofthe principal or main building but may be erected simultaneously. (Ord. No. 80, Art. VI, $ 5, 12-15€6) 1229 C S€cs. 20-816-20-900. R-eserved. $ 20.904 C CITY OF EHINHISSEN 690 COULTER DRIVE ' P.O. BOX I47 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900 },IEMORANDUM TO: Planning Commission FROM: L,arry Brown, Staff Engineer d@ DATE: September 29, 1988 SUBJ: Preliminary PIat Review for Lots 2 and 3, Block 2 Chanhassen Lakes Business Park Planning FiIe No. 88-22 SuB, Rome Development This site is composed of a gentle topography with mature vegeta- tion scattered throughout the site. The subject lots already exist as a mini storage warehouse facility located to the east of Parcel C and the existing one-story block building located to the south of Parcel C. Sanitary S e,,rer Municipal sanitary sewer isl0-inch sanitary sewer main right-of-way. available to which exi sts the site by the within the Park exi st ing Court wate rma i n Municipal water service is available to the site by the existing l0-inch watermain which exists along the common lot line of Lots 2 and 3, Block 2, an'd continues through Lot 2, Block 2 to State Highi/ray 5 (refer to Attachment *1). The plat for the Chanhassen Lakes Business Park does not show a utility easement over this water 1ine. It is recorunended that a 20-foot utility easement beplace (centered) over this water line through the entire length of the subject p1at. Acce ss The plans propose that the existing driveway and proposed drive- way from Park Court be joined. The proposed center island maintains a driveway separation of 12 feet. This separation is the minimum separation that erill be aIlowed. The tlvo combined driveways should be appropriately signed to separate the two-way traffic for the driveways. A signing and striping plan will be required prior to final approval. b e Planning S ep t ember Page 2 Commi s s ion 29, L988 A1l access to the proposed site shaIl be from Park Court. No access will be allowed to State Highway 5. The plat shall be revised to include the City'sside lot and 10 foot front and rear lot drainage easements. standard 5 foot and utility A cross easement document should be executed for the joining ofthe driveways and construction of the additional parking areaimmediately north of the existing building on parcel C. This easement should be presented to the City prior to final plat approva I . Gradinq and Dra i naqe Proper storm water retention has be6n accomplished through theponding siLes in place for the Chanhassen Lakes Business parkp1at. The applicant is proposing two storm serder systemsthroughout the parking lot. We find that the ponding that is inplace wilI facilitate the proposed drainage to acco[unodate a100-year frequency storm event and address r.rater quality st andards . Profiles for the storm sewer system should be submitted to theCity Engineer for approval prior to City Council approval . The site indicaLes Type I erosion control along the lresterlyof the parcel. These plans shall be revised to incorporateII ( staked hay bales and snow fence) for the erosion controldelineated on the plan set. The City's stand.ard for theinstallation of the Type II erosion control shall be placedthe grading plans prior to City Council approval. Details which delineate lhe amount of rip rap, stormlities and any energy dissipators shal1 be submittedEngineer prior to City Council approval . side Type 1n At Lhe time of this report, MnDOT addressed the needtional roadway easements for the Highway 5 wideningapplicant wiII be required to provide the necessaryper MnDOTrs recommendat ion. Easemen t s It is therefore recommendeo thatfollowing condit ions: sewer faci- to the City for addi -project. The easements as 1 the plat be approved upon the The applicant shal-I obtain and comply with all conditions ofthe Watershed District permit. 2 3 The proposed driveway sha1l maintain a 12-foot separationfrom the existing driveway Iocated to the south on Park Court. The applicant shaIl supply the City Engineer with details ( storm profile sheet ) for the installation of the storm sewerwhich shall include details for the rip rap, flared end sec-tions and energy dissipators prior Lo City Council approval. The erosion control as delineated on the plan shalI berevised to reflect the Cityrs standard for Type II erosioncontrol (staked hay bales and snow fence). The erosioncontrol plan shall be revised on the plan set Lo reflectthe Cityrs standard for Type II erosion control . The plat sha1l be revised to show a 20-foot wide utility easement centered on the existing 10-inch diameter watermainwhich traverses Lot 2, Block 1. This easement sha1l beextended between Park Court and State Highway 5. The driveways (proposed and existing) shall be signedappropriately to designate one-way traffic for each driveway(refer to Attachment #1). A signing and striping plan shallbe submitteil to the City Engineer for approval prior to finalplat approval . The plat shall be revised to show the appropriate side lotand front and rear utility easements prior to final approval. The final plat shall be revised to reflect the additional roadway easeinents for the widening of State Highway 5 if MnDOT forwarils to the City written confirmaLion that addi-tional easements are requireil. The applicant shall provide the City with a copy of the ease- menL agreement between the fee title owner of Outlot C andthe proposed lot. Att achmen ts I. Traffic D iagram. 4 5 6 7 8 9 Planning Commi ss ion September 29, L988 Page 3 ":\ . -r.' '&L o, ) ,l 1)t =TUzo tUzo I oo %,l f 4*l aei ( ! oE GFzl! Uq(! GF l{z J F, l!l O.l A oo'o r z dr cN'Iuvd 3un- / i.i?^,91 , .a- -. a, I I lgtZ iJ e UJAoErq I -l ilit ,l i! I I I I I I I I l I I .l|/tl ol o,l I ! l I II {{ Planning Commission September 7, 198 8 - Meeting Page 55 ( Brown: in, as awas. If Ed El anner : EIIson: I Dacy: I,m Nam e Roman RoosJerome Car l- son Therets quite a Iist of reasons. Somematter of fact, as to why that islandyou're real familiar with the area... of them are stillhas ended exactly com r ng where it Emming: That's something, when I look at it, it looks to mewould be way to get two iulr intersections in tt.i.-una -=tiir. but just a little further north back to two lanes. If thatrsfine. If it hasnrt been considered, tt"n take a look at it. Conrad: I.ly only comments are really consistent with staff report.Max imurn 35? rot coverage- Thatrs g-ot to b". r don,t c;;; iow you do itand.r wasn't going to ret. you off 6y reaucing road sizes either. r thinkyou'|ve. got to come up with the 358 iomeway ana it you do, ii will sailthrough. we tarked about the wetrands. you hear 6ur foini-on trrewetlands. Don'!t need to berabor that point. il; is-t6ol"i..nryardsetback, you'!ve got to meet that. Thoie are just some .usoiut". that wejust donrt slack off of at all. anyth.inq else? Ed Flanner: May I interject one other issue? That is the handicap. Wehave. this slanmetrical building. . . g units. If I expand this area,particurarly r^rirh the handica! having i 1z foot "a;;";;h;t rrd rike rodo is put_ 2 handicap units p.i uuitaing so that r urould have a barance in!!e ,r:y the building is builr. the ref,ort asks rhaE we mix rhem andsPread them throughout the project. i'ieer...for the maiimum 2 handicapunits in the bui Id i ng. Ellson3 What was your reason for that? Iike that reduce itridiculous, ( Itrs a design use. understand that but what was her reasonj.ng not sure and I'I1 work with the applicant Address Appl icant for the opposite? on i.t. Headla moved, BatzLi seconded to table action on the preliminary plat,iretland alteration permit and site plan review for the DeRanatCorporation. All voted i.n favor ani th" motion carried. PUBLIC HEARING: ZONING ORDINANCE AI{ENDMENT TO AMETID SECTION 20-8L4 TOCENTERS IN A FREE STANDING BUILDING AS A CONDITIONALZONED IOP, INDUSTRIAL OFEICE PARK DISTRICT. Public present: PERMIT D.\Y CARE USE ON PROPERTY waived Ehe staff report due to the hour of the meering . 'AZ 1-'J Barbara Dacy (( Planning Commi ssion September 7, 1988 - Meeting Page 56 1- ( ( Chairman Conrad called the public hearing to order. Batzli moved, Headla seconded to close the publicfavor and the motion carried. The public hearing hear ing. AII voted in was closed. Ellson: The only thing.I wondered is, by doing this, do they havet.hat whoever I s using this building is thi only-on; ,;o-;u;-';se thatcare or then does it faII_ into, like any othei day care, wfretner fthere or not, I can use that day care? 'Does it mike ttrit'arry .o..thar $rhoever's in the indusrriar office park is ii.it.J-to-itz Areany restrictions on it to people from the outside? Dacy: I asked the City Attorney that question andable to 90 that far in how exacily who,s childrencould... As a free standing use,-it,s up to them. a rule dai wor kstrict ther e Batzri: r move that^the planning commission approves Zoning ordinanceAmendment Requesr #88-r5 ro amend section 2q-Bl4-;s-i.ii;;; (13) srareLicensed Day care centers. And additionarry to add section 2g-2g2, stateLicensed Day care centers as provided in the staff Report, conditions r,2, 3 or l^rhatever those are. Erhart: Second. Bill Boyt: It would seem. to me that you,re going to pass this ontocouncil with no commenr virtuarly. riis is ioini to Le a Jitticurtissue. I $rould like you to thini .b;;a; because many of you are parents,hrhat we think the issues are so you could at reast riy oui r.rhat thecouncir peopre should be. thinking about. one that juirps immeoiatery tomy mind is that we have intentioialry kepr them out of the office parkpreviousry. There are some good reaion= for why it wourd be ni.ce to haveghild.care very close. to wheie a person is wort<ing. tn"i.-.." .o*.definite drawbacks r think to. having "irita .... in "n inar"irial officepark. I'd just like you to, if yo..r;rr" thought about any oi-tn" issues,if you courd jusr iaentiry what |ou tninx rfie issues ..i, it might herpthe level of the discussi6n when this g-t" to city councif. - Erhart: What do you think the drawbacks are Bill? BilI Boyt: I think it depends on what they,re next to I suppose butleE's suppose that we,ve !ot, as it turns out, they're next to the mini_storage area. Nor., we'!re 9oin9 to have Eraffic p"t6nii"iiy ar.r day rong.Basicarrv unsuperviseg':' 6o 16 ton any safety risks by putting one in anindustriar office park? Do vre have. aiy considerations for shourd it beany different if ii's in an industriii'office park than if it,s downtoernor if it's somewhere else? I don'E know. I haven,t really thought aboutthis issues other than just r know it's not going to be a simpre yes orno kind of discussion w6"n it gets voted on. the City r.rould not bethe day care center ones that would beI understand it.basis. If you rrantjust added, we ( Batzli: I think aII the concerns that you raise are\' addressed. rt,s being added as a conaiiion;l-;;";-;" 1!":'" going to have to be reviewed on a sire Uy siieus to adopt standards, further standards than wirat we ({ Planning Commission September 7, 1988 - Meeting Page 57 ( ( could consider that. I donrt knohr. Brian That I s but I a good wasn I t point. hearing anything thatBill Boyt: I donit know eitherwas going to be real helpful. Ellson: As 1on9 as it,s a conditional use, it.means we get to say, nowthis is by a mini-storage, therefore werre adding some slutf. Emmings: r think r'rhat yourre hearing is we art think it's a good idea. conrad: we art thought it was a good idea when it was in a buirding andthe t'uilding that wourd. service tie employees of that buirding. we,relumping these two together but the point itrat sirr uring;-op i= probabrypretty varid. Arl of a sudden there's a free "t.nai"! ioilting.- w" no'ronger have the same rures. rt is now not necessarily functioiing ioi-th3l 9n: company which we were arl rearly comfortabre with with rnstantwebb before because again, it wasn't a profit motive. rt was a servicemotive to the employees. Now we've got'a different situition. Emmings: r don't think so. The reason r don't think so is that r thinkPeopre need day care and r think it,s important. r think it,s nice tohave it by where they work. Conrad: But you wouldnrt necessarily put it in an industrial? Emmilg?: I r,rould put it there and f rankly, unless I r^rorked there, Iwourdn't vrant to take my kid down into thit probabry eitnei. r rhinkit's-going to primariry be used by those people down there and if otherpeopre want to brino there chirdren there, r don't care. rt seems to me!h: imporranr.thing is tnai aav-ca."-iI-.r.iriur" roi-p.opiJ ,no need itand.where it is, if people doolt like it down there, tlren they can taketheir kid someplace else. That's almost a market factor. Conrad: Your industrial parks are typically, theyrre maybe nofor pedestrians and whatever so you io"it tieL an!, ""nsiiiritygoing out and playing? ' t designedto kids Emmings: But they're going to have to provide a prace for the kids to goout and play and that may be a little difficurt for them-in -tne industriar park than soml other setEing. Thatrs why r think as a matte! ?I".{::!l^Ihe-people who are going to wint ro use this rhjng in rheli:::.:1..t park-are people who are goj.ng to be working theie anA aregor'ng. to be handy to i't"- r don't think anyoners going to chose thatlocation. (- Conrad: Thought Erhart:overall Ellson: You're Are we comfortable werve thought about this first item enough?about the situation? Steve has There is requ i. rementsreguirements.for outdoor play area and that,s in the The drop off poinr droppins Ltt yo". Iij usually means aroad that,s got separate d r i vewaytraffic aoing back tha t ona so and r Dacy: As a free standing facility, there can be moreaddress those separation issues and safety issues. Ibe _more of a. problem on the next item as part of theoffice building where you have to go back and reviewreconfigure exi.sting situations. conrad: Everybody comfortabre werve done our homesrork on this first. one? Jerome carrson: rrm Jerome carlson, the cEo of the three companies. werdrike to proceed with-this project. ...my comments as far as it reratesto traffic, is that in our plan wilr be ieviewed whether sre want to putit into the rnstant webb building or notr r can assure that one of thetwo primary factors...had to ao witrr this very "urn" ii"o.. The corner ofthat building where we were going to put this day care rdas where arl ofour heavy trucks entered the premises to go around to the back to unroadand then when they exit, they come right ua"r aiou"a-tie same corner andthis caused a rot. of concern on my part and on the part of... we didnrtfeel it $ras something we couldn,t manage. We planned to put up theappropriate security fence... rhe oth6r reasoi., that we cirose irot to usethe rnstant webb site is because the space requiremenEs that we foundourselves having as $re do continue to grow. we then chose to a site / crose by, off-site. with arl due resp6ct, r thj.nk you wirr find that the\ sarety standards of.that particurar site is very isolated. As far as themonltorrng of traffic, there i.s no traffic. rtis a dead end .na it-is,--ithink appropriate from a traffic standpoinr... R"iuii;; Eo the questionof vrhether we are private or public as far as Ehe personnel that hrould beusing this location. our intent remains to provial . se.vi". for ouremployee group. The surveys that we took cliarly indicate that rrhat weare intending to do is in rine with the survey nleds. Ror some reasonthat facility does not attract fron the emprolee base, vre would certainrvthen in order to operate it on a break evei bisis, wrr;cn is-ie.riv-.ii"*3want, ere wourd then want to reach out to the...public. But that is notthe objective here. The objective is to providi qual.ity, cost...day carefor our employees. That's not changing. - Roman Roos: ...permitEed use, free standing or otherwise. Theconditionar use process rets you rook at ".6h it".... r think in termsof a free standing day care center, such as the one we,re presenting toyou' or a day care cenEer in an existing. comprex, both re.iry serve-thesame needs... we're just finishing up one in chaska rigtrt n6w...i".-Irocompanies- one is for. a manufactuiing company... r think tne ening iiiat$'er re I'ooking for tonight is to get a recommendation to the councir-th;t-day care, free standin! or otheriise, is a desiroui'tning. The issues...the traffic, aII of those can be handled on the site plan review... Cgnrgd: BilI, are you seeing something? I think we were going throughthe first item here because we've obviousry tarked about this uetore ind( $'e,rre pretty much rubber stamping it, untii. you made us stay later. wiiit\ other issues, do you see othei iisues or are you just reall| a;ti;;,;";-any other thought.s that r./e have? Are you uncomfortable? flexibility to think it's going toa muIt.i-tenantparking areas and.. tplanning Commission l,tee t i ng September 7, 1988 - page 58 C forth. r doarrill fine come Planning Commission September 7, 1988 - Mee t j. ng Page 59 { ( Bill Boyt: r'm not opposed to this. r simply want to be comfortablethat when -we put into. the office park, because we are now movj.ng j.t outof a.buirding- The firsr one, r tr,ini tte corncir-wisl one or tireconditions of approvat was that this would appfy onfy io-flopr. ,i,oworked in that facility, as I recall. So.we,re changing the parameters.we're making it, as Mr. carlson said, basicarry i ii6" -it""iing day care.,h"l y.- do that, I just want to make sure we do it right. ihere,scertainly a need. we've had some more discussion "u"il-it. rt gives mea little bit of a feer where rhey'i"-"o*ins fr;;: -;-;;iii'it,s veryimportant that r.re know exactry what the standards are. rrd rike to seein the staff report Barbara, ih.t those be *or. "p.ii.a ooI ...to go withthe existing state standards. Maybe the state stindaras iien't goodenough. I think that these guys arethe ordinance and we donrtnext time around. Elhart: OveralI, Irm veryshould spend a little moreabout day care centers but Batzli: amend i ng door the Conrad: And you don't ca re golng to know what job and we'rein through the Conrad: Any more thoughts along this Line? Tim, are you comfortablethat we're reacting vrith enough-information? Erhart: r donrt know. much about day care centers because r havenrt usedit-. r guess r would basicarly *ur."'ti,.-u"sumption that there are somepretty good rures in-effecr in reguraiing their. i,r";;;-";i;; rhe, irwould be okay here, from a safety stanapoint I guess. The iverallfeeling was that this. probably wiuld Ue'sater, I,m comparing it with aPrivate home, safer thin a p.i".t"-no.J. Better fire protection. rtrsmore of a disciplined environment in the industrial paik. private homestend to be private. Things happen in private homes that... conrad: And you feer comfortabre that $re can put this type of operationinto a free standing unit? comfortable with it. Itime reviewing the Codethen again. . . who goes to that day care centeE? it makes a difference. I Ehink it's a greatErhart: No, I don't thinkbusiness. thi nk yes, maybe weand learning more ( Emmings: Let me tell .you how I feel about day care. I can remember the!i!i:, i" my own breast $rhen both my wife and I had to go to work andsomethi'ng had to be done witr,-o"r'-'iniiil rt,s a great need out in thisarea in particular- r think we should do everything we can to make thattype of service avaif6[lq. E=;";;.;ii; ior peopre rdho r,ror k our inchanhassen' Havino your xiai-li;;;-;i io where you work, for rhose timesIlilntn", need vou-and you have i"-0.'tnere, is iearry an imporrant Conrad: Brian,do you want to amend your motion? ( Planning Commission september 7, I9BB - ( l,lee t i ng Page 50 ( Batzli : I'd be happyto look at additionalconsideration, that I s Scott Anderson Sue Barbara Dacy presented Conrad calIed to accept thesafety pointsfine. suggestj.on that if staff would likefor inclusion for the Councilrs PUBLIC HEARING: ZONING ORDINANCE AMENDMENT TO AMEND SECTION CENTERS AS PART OF A MUL?I-TENAN? BUILDING PROPERTY ZONED IOP, INDUSTRIAL OFEICE PARK Conrad: Was your motion ever seconded? Batzli: I don't recall. Dacy: Tim did. Conrad: Tim, would you amend your second? Erhart: Sure. Public Present: Name 2g-8I4 TO PERMIT DAY CARE AS A CONDITIONAL USE ONDISTRICT. ' Add res s Applicant Building Block Day Care the staff report. the public hearj.ng to order.C Cha i r:na n Batzri moved, Erhart seconded that the pranning commission reconmendaPProval of Zoning Ordinance Amendment Request #gg_15 to amend Section2g-8L4 as follows: (13) State Licensed Day Care Centers. Additionarry, to add section 2q-2g2, state Licensed Day care centers: ( 1. The site sharr have loading and drop-off points designed to avoidL rnterferring with traffic and pedestrian movements. 2' outdoor pray areas sharr be rocated and designed in a manner whichmitigates visuar and noise impacts of adjoining residentiar. areas. 3' Each center sharr obtain appli-cabre state, county and city licenses. Also, that staff wilr rook into additionar safety points for counciysconsideration. AII voted in favor and the motioi -carrieO. ,; 1,,:::: -o p".r*"",, tt fooo -Cllrod,Sr-rcrnlqt 12 hours rL, lLas llra : - 2 yc.vr i Erclusivcly pcrmancar or Rcatricrcd ,5{5.0260 LIcf,NsI\"G oF FAcILmEi FoR CHII.DREN @r Childcu CtitO6s 3 Ab6oluG 2 limil I in Uir crl.go(-y No Rcqui.!otcll !.sl r LICETYSTNG o!. FAOlLtnEs foB cHtrJ)R.EN 95.ts.0,s10 95J5.0!lo lRcp.akd. 9 SR 2]06l 95.15-.0320 [Rcpcrlql, 9 SR ll06l 95d5.03J0 [Rcpcatcd, 9 SR Zt06l 95a5J)]10 {Rcp6ld, 9 SR 2t06J 95.15.0J50 [Rcpc-atcd, 9 SR 21061 .9s{5.03,60 [Rcpcakd.9 SR 2l06l 9tr5.0370 lRcpsalc{r, 9 SR !106l .: !ri45.0380 lRcpcatcd, 9 SR 21061 95{5.0390 lRlpfltcd, 9 SR ?1061 95.t5O400 [Repe cd, 9 SR 1t061 95{5.0{10 [R pcalc4 9 SR 2 t06l 99l5Al2ll lRcpcrlcd, 9 SR 2t06l 9t{5.0.13{, lRcp.rlid, 9 SR 2t06l 9545.0410 lRcDcrtod, 9 SR 21061 95{5J}150 [Rep.alo( 9 SR 21061 \14 GROUP DAY CARD OF PEESCHOOL AIID SCH(X'LAGE CHITDT&f/N 9515-05 r0 t ltr ViIt I AND S.iF]L-TY lrCENslE RDeUIREyIEyIS IND LyIllIp- ,t*",i,ffi,T^1i1ff;Jifl[l3TF31|-.Pr t! ]Bc.ivcd- rD .rcoprbn &Dor;-fl,ffi ;i#;",t"trJfi lLi,,lr*lf lflli..#*.,1s?ffi$:i,'#,t Rcquittrlcnll ErcrDg(ion, A. Dc6oitioN All rubtrlnt Noa€(pan 95,{5.0t201 B. Lictnrilt l.wt llrd ptoccduEs (Da(r 9545.0t10) C. Faciliry(trl't 9545.05.0) D. P(ryraDl (pan 9545.05jO1 E. Ilcrllh(prn 95a5.0J60) F. .{dmi!rioo! (p3n 9545.0J90) C. Sutr (pan 9r.tt.06O0) ltrhponr I tlrrou6h 16 tubpin l7 .ubparts I ao 12, and t4 5ubprnsllaodl5 5 5 5 5 6 7 1I,illflT ""0 ..1!.flT* ( 5 chiHrc_lt rorar) I Of nt'rtE ;Y@.s i Erclusiv.ly pcrnrancnr or Rrrrriocdl ] 5t, J 5 7 1 1 5 4l I 2 I 4t 5 5 5 4{l 2 I 0 t l { No Ra&irc.ocnt .r, &nrrScncy ShclIc' (7 (tild.cr I 2 borlrs 6 bouo (s6.cid occds) 4, Speiol S.ryicrs (HJndicdhcd a) lccnsql 12 hours " J yEar! + 6hounI: hrlrr (Spcci.l IqrS Bccdr)tnrntlI8 OR h) Erxricncc - I yctlrith heaJiqppqlf 6 hourr rclatcd t.,iniog OR c) 25 hoo6.rhkd trainiog l. Group Fe.urily ( t 0 ciildrcn loritl l2 hours {t 6 lor!l) 0r E\kaord ry Carc)lnt (4 Fosrcr - j blal) O hguB (Sp<qcl nctdrJ t0 * s # '"zt 'EtiI tut pans a. 5aad6 rlt subpair rubperr 2 rubprns ! rrd 4(sr.irt cbild Rario) $b9onr I,2,I.nl7 Nonc (No m.x€ thaa 2 childrcn\rllh *ve,C handrcODS jrl tl) \ihlistt q.Gl Plarrm(:,t ktcltrcr. [hrimuor Numbcr: scvc,r chiltlrrn I &'*.1?,ht^.f.',: ." tr' {hildrcn of irt o,,o undcr agc | 8. M*imum Nuo'bci: ft[*.'f]lllT*rro bc pltrcd ag:rtn io thc nnrc hornc. rvranirnum Numbcr. ""*o ^ ,1 ..rs, 2tt.E02 ,utxt ! rubpanslr ll rubgonr l. I4, j (Sraf disl ribd t ioo r.od troup iirc)-t#I-F h lt li li ! H I r .t trtlttll1 EXCETTToNS: t : 95J5.O5IO LICCNSTNC OF FACII.TTIES trION CEILDEEN E832 H. prra{111ioq :ubporrc fard{(p\l,t 9545.0610) I Mi{-!.qP:g-^ subpa(t l;2,(pln 954J.06201 ilc;s B, C, Ej 3Ap?( r-l*^rc: frans 95-15.t)6.10,pin59J.r5.06lG 9545.056095.15.M70 9545.06?D' StrIEtory Art-hurit i MS r Zl5.@2 nM I Uistary:.t. Igg! c 6tt art j , iE ru@ru l,l, ,l .od 6 tub{raaB 2, ru(ns A and fX 4poru 9545.0610 aod 9545.0,63r) 954J.05m DE[.lNlTloNs. Sobprn l. .{.(ra,litL-d cosrs}. -Acrrcdi(cll coorse. mc.allt a coursc lb:rt i!ollcrcd.by or thro(ld,h ro instiittttoo \hfh alt rcc.cditation. Co.rN|s lli:cd ool bGtitcn.lbr crulil, bur rnurt haw ao assi3ncrl crc,lir vaiur:'i,ii;;;'riiffi,,i.u. A,occrclircd cours! is onsirttrcd ro LG rh-tu! ,oi,".*,t! ii #rrfr .ii,'jiillil"rr"oa l0 voq.rttoEal-techoicrl cluck h<xrn or rmrnrng Subg. 2. Allirrutire raier plru -e$rrngiJo actio[ Dlau" .lEaas a slaa]mcnt cxplainiog how r .*otc, inltod! to aG:rurt pcr:orrr wirhout.discriminarim. S.rbp. l. Ata rolfingr. -ttc E oupirgs. mcarr A. IDf.nl: chrld rE.d rir rcckr tlroqh l5 rDo.uL\- B. Toddlcc chitd.gcd 16 mor(k ltuou8h lO roonitrsl C. Pftschool chitJ: chrld rg.d fl nrootbs Orough 6ri vcar::u. I,nmary t tool chil& chitd ascd six rlrrou€h ci8hr y-.a6; eodE. lnrcrmediarc rctrcot cbitd: chiid rgcd,tin"il_r$ iZieriSubp. 4. Ald4. Se sl.lF- chilJ corc dsisraoL -_-.-S.r_b.p. 5..CbilC do.toi-dqt.sslturt Iniri!8 D.og.!rr-.Chrld dcvclofirrcat Pll-tanr F'trrn8 pr(ralrm' rlca-nr 1 grograrr iigni bt "".ri-;i-i;i;;i-Irartrturcsr ,uoror cottq.(s lod thc UDivc;iry f"ctoi",f 'lnriirur'ii"Jiilrg aoraamum o[ 1,08o hourr of.cliyi(ici and couisc oricorc.r io aoi'il.iili'i', ,nprncuc.rl i.pfiication of ctlld dcvclopoqnr- - _ _ l: let 6. llt i ld.&'cloF mr tt .sroci.te, -ChiU dcrrcloontcnr aalEi atc. mEao, i55#J:n,", .oe drill and compcrcocy cq"ircrncot ry ii'ioriiii"ri_uro . . Subp. 7. CLitd d.yctopmcnt hhirr-.Cbrfd drveropo.n! t.ni br. ih.llrncludc cou.v:r thar arr rclcyarrr ro rh" i,"*i" an ;;;1.;';::::::. . onc n,*,"- il rr,ir'o;il,;;;;di-'lil,':?m,iil,,[H,#Hif,-1i,h:] Dc ta ls!: Arcar ofTrEiniog EraotpLr of Cousrs Child gouh aad dcvcloprneoa Ctild D!_ycbot,4yFrnu.ly rclalioruhifr. parsoi "al-r,riii"sPtl,ch@l mcthods rnd lrrinit8 ,cuariq unt devclopmcnl Music. trtnurull tctn(loni Scnrilteity rBiniog, sturly Food.rd nuuilion qt'ethutub'cl;g'ouu.lt ' .l druir irr!.rioo of prolraar brdrr[E.*&.-r .._-To bc coD.idlrcd io <Dry lqvcl srolt quelifcrril, rnioio=s .^i U" orfir"a :I.l:3"!f_ T 1""..$r.d body. Thctc ctild devcloDosnt rraioir[ coorr6 qualify!r.r[ ron SrouD day{arc ccn(cnr hur do oot ioply ccni.tcatii:o by rtri SurcDcparurco t of Edi/c2rioh. -- - |uUp. E. Cooilrbcr.'Coornisiorsr- 6carl, rbc coqrori.sioner ol-b u.sur!c 'tcct ttttllt Et33 LICENSING OF TACILTrIIIS FOR CHILDREN 93I5,052II - Suqp. 9. Dey-crrc. iDay.carc- mcatr! thc qrrE of child(co out:ide of thciaP-T lT *:I 9f .. 2,Lfioui day by pcro.rs urrElarcd ro rr,"^'!i n-rroo or llilj$i,?'",Hi,iffiH?r'.dit6 -*irt:,ijiflilv dav arc, a.d grlup rarulv - Suhp. 10. I)cprtt.rrrrL -!.h[rrltlDcDt, mcant thc Dcpertulcnt of llumanServio:s. Sul4l. I l. DroTio carc. Tbcrc ars lwo tyir6 of dro+in ca&: .. . A. -Crxrrbincd program. Thc acccpl]Dc of addiriooal children i.ntq !lictnscd ctritd carc pmgraro on ea irrcgut_aibrsis 1qo1-;[r; d;n-#-iJriir ortrre ffilfli{;f+!::tx1:?"Tirs*i git,H,i 1,tr,*..J:l:e{x8,5l1 i,rir1o(:r[ {Ltr:lldancc. . . B. Totd dropil prpg,ram. ftntct rvltGc lotal liccrrcd cagrcity is banretprunardy on clrildrfli who atteld oo irr| irEtuhr bosit. Sut p. 12. I.scitiq. .Frcilily" rDf,tot rhc phr:ical cnr.irooment in which a,roqp dJy-qur program talcs plccc, Subp. 13. Groop dry-orc ctnt r. -Group dry_carc c€nlc.. or.ans any p.(Fgr'alo rtrar.- fo( cooDcosuioo or othcrwisq pfori,i"stav "i iiel,iI."fli ,ix o. Ll,.j_{il9_.a 1 9'1" riroc_ Thc rcrm. inclu*ir, rrur i j nor fim trci i"]pi,r;",". rir.cruorrr xno\sn as tturscrg scboolr. dty truascnci,-cbild cJlc r:rotcrs, plaiy groupr, *::*:-.]::.91lchool agcrhitdrrn, cricr-.icbo.rl prosraEls, iniinr,oiy-careceErcat, @o(rcmtlvc (lay<arc ccnlrasr rnd I lc.rd Surr pr,rgr.Irrs. o* .'*lhlllffi i"g^1rf""i;*.t::I..r#11,; :,.":x", y:: tiixi "^ - -- ,*,,,f:b-t _t-5^.j-=:.r co.,lrnlliyc- -parEoa crrrpcrarivc. mc-aor a ooopro6r groupallo c:trc p{ogrtm utaa tt tovgroqi by_a boaadofr] lcarl 70 p(rccnt parcnt-u*tsot tbc GrDup drild carc progcao- The board.nru* nEca rr i;5rir.,ilir'*."r",ard hinntct of thcsc hrord nucringr sh:ll bc "".iLbt. 6; il#;-ion ty . . Eprcs.nbrivc of lhc dsD{flrncnr. Thir bord shal ;i; ja;;;;;; ;p"r*uonrl d.cisioot about ttaf, proEr.fr, budg€t, turd orBui2alioo sr-.ttiii-- __ - ltir(col coofEEtivc rlall bc spocifcilly crcorpt frol,r rult:s rl rhc fullowiogprnt:' A. Dr6ailbos (9545.0j20) Do qcorpiions /\ B. L-kcrrsiog laws and pro&dures no crcmfriori(9545.0JyD C. Frcility (95a5.0'40)o. iiiiiii,iiij.iil5ji6r lh:L#{,ru" C and E;2; E. Heatrh, Durriiiod. .nd t fcie -oi li9-T.9 I a954i-ri*-o ;;-x;.b:Si" no cxcrnprrunr F. Admi$rcrls(9t45.Oi9Olh. 3iiiiic-fiioY&l-"-'"' 1,",,'ff['Jl']]i, ircnri A, ll, l#,.1'd;,3y' aud En)uo sizr): lI. oeadzarior rld rdoioisrrarior ,i,'ffilrf ,. u".(er4r.o6lo) aJ,bat-*i};. .lf a pqrcrt coop.rrrivc .rDptoyr sratr i'q rbs o*i,i1,lff.rL*o" ,-".*r.rnd,/o( assislanl tcrchcr who orc nat porcnt membcrq hirsd sbf sball oot bccx.mpr ttorD prn 9j4S.OOOO, suUOeru-i, Z.t;;t i:' Olhca rulca fo(go.rp d.y-carE p(ornoa (try bc *riycd fo,n Mrlnr.,I*llllrnolm.ybc*ivcdforlfrcor.rxxf-I ., .} 95,15.0520 LIC}:NSINC OF FAOLITTE; rOT CHILITREN 88}4 !;ir"irttt "i,:T f;iit aod rafi"tv ot ctitdtco i! qot ctrdars.Ed (sc€ !u,r Withrn lbe fitst yc{. ofliccflsurc end annurlly thcrpaftt., infornlaiioq on Ulccrcmpred rrtions st dl lx $b(Eilt d to lbc dcdnmcnt-'- .._.:"P_l 1.9 l:ql"-qpcpqrc r gruup dry-orc ,.<iliry. .pcrlo,r opemtin6 agroup d:r:/-r-.1fii lJclllly- irKhr(lcs nn irkliyirluJl, a soci.r t ion, corFrratiui, gJrrner-shrp,,rnypr iricrl tubrtrvision of rhc stare, u.a rny "gin"ra'b.-;iJ;;i:;;ffii;,",,,o[r-ucb a tolilcrl suhlivlrin r. , .- -.ll!pt I7._tr9qTl. 'Pro8ram"rns3nr a combinarion ofacrivi(iqr rha! .atenrogcraca. oooillll,lc thc tronphysical cnvironment ofa ctnlc(. Matcrials aorl sfrffor.!1cr-t3ry lo crr.y ool lbe (tntca tre pan of tlrc pro€anl. Subp lA. Slrtl -Sri[- includ{; l)rrccon perrln tgspontiblc lbr all upoctr of thc oocraaion of thc8rouproay-qrrc ccntcr (e9.,. aJmioi5tmt iye d[tic., st.f ,upcrvtioo rnrt train ing:rFc(rru Klrepro& ptograrn p{rEning. budActins, liaison rvith sratc and lourl agco-rrEtr clc"). 8. Tcnchcc pc(sotr rctponsiblc fo,r ph[ninB aud ioplcnrcnliru thc?lInjp o, ur. group dry-c.rE e €r (c.9., plals end cooduoi drily ordram ::,"1]:=, p*p:1" progral .Blcri.ls,. iuprryiics. .nd rr:rini ollrcr iritq irc.).L4ncr r(lL: u!.d lo dergnatc pcrsons with th.sc rrsponsrbrlilics irrclu.lc reichei.olrEcror, lic.ao tc.rcltcr, and Icad lcac]rcf. C. Asiinant tc.uher: ,.lr{rt5 \vith th€ guidarccoflhc tcachsratrddi(ectorlo carry out rhc proS(lnl of the ccotcr. D. Cbild (.lo.rr assi3lorlE as$irl3 rhc tcochcr or lssisttot tgachcr trith allarpccu of thc phnncd prognrn. Orhcr rirlcr; iiJc. ch .f.;rt;ii;:*' ""' E Yolurlcers D..sodr ofcring Ihcirs€ryi(xr to a group day-carc facilitywithout rtimbur:tsrcot othcr rhao foi crpcnrcs, , L{rbp-.19. Sarff ddclogoeot. -SUrSdcvclopmcnt- 6.rEr t rrreranrs ofnracti. Tl fu-uf!l1r:."9.: *o(Lrbolls,.@urscs, 5.minarr *hich feui on-a speci_ti ropic*[o I .rcltlojltcd tcrdrr or Lrcilil'eto( lirr the purpost ofjob oricnu,tion, atritu,_lc ^::i:tg".lt.]f,l11s o( iolprovins work r"irrniqu.s, i,ioic"iu;i;;;i;;;.n,.iuxt- upgraorrf, turnd..rrdt .TrrinirB mty bG oo-6itc at tIc ccnaer oraway t-rbm th,.l !!r:11: l!_-iy bc ottcred by I rrricry or'r-ourcer such as irrrlividuil ccnrcrs,colomunl(y!ourcrt l(xd iltool3! dm!. profcs:ional grOopS, vocrtiOoal schools,collaEcs. or univcfs(rai. Subp. _20. \ryelvcr. 'WrivEa mcaft rcrtlponrry pcrurissioo to ditreSirrd !Drnrculi. licsnritrS .GquiEan ot or rulE. Srr&ic, Au.i.dtl,: ltlS t 215.802 subd I Hilrorr: L l9E4 c 651 ort t s 5& ,II5.O53O LICENSINC TAWS AND }IOCEDURES. " +rUgr1. l. .lpptic.lion ftrmr. Applicarioo fo. licens€ rhi ! bc madc olr th.aoam rslrrco Dy tDc Ucpifl,Ilcfll olHumaD Scrviccr. ApDIicJfion tn.ry bc ohraio$ltmfl thc dctr!lfllcul, ,\pplication for lccnrc is not cornplctc urrtil :ill supp..rrriDg 'r(xuotcnti hdve bcan accciycd by th|: dcpanmcnL - , St1!O .2. lirlitrltsi.g conso,ttrtih- Aprrlic.uts fo( liqJnsurc shrll mate cor-racl r4rh Uc dctrJdrDcnt ro sctrcdule gr.liq:nsiDt cnnsul(aaion. Subp. l. Uctnrc. Aftr application tor a lieen& h&! bccn aDorovcd by tlrccotnEusroocr, . llceotc shall be issucd giyint perorissioo for irircratioo.'Theliccu. lhalt bc isued wirhio 90 dayr afrcr ;iipi .t it " jpirri"i-,ii:i i',i.r rutupporUnl documcnB. Fa urc to isruc a l,clnse q.iahitl 90 deyi shall consrrtutcdcri.l of applicJlron- Tb. licenJc shalt :rarc o,Jaarii dt,a,oirv.-rE';;;;r,,numbct oachJdrcn to bc prtscnr ir rhc proeo. .r onion" i#l,i-.-ii ilil'.",tr.oc nou{3 ol o0crauoo. a bc llcsnrc must bc A6icd io a cooipicuous ptrci on ttcDrcloi!Cs. iG,$i + ir'l H t4 i. i; .-i' 8815 LICENSINC OF FACILNTES TOR CITILDRI:N 9545.05]0 Snbp. il. horlrhnel llct{.. A p.qvisiooal liccnt. rhdl bc i$ucd lo .U !cr{ glDup day ca.c cLntc6 for r dcsilDaud pc.iod. A proyirionil lirensc may bc Smntcd lix op to onc ycar lo a ncw E(oup d:ly carc ccntcr tllet utctls 'lccgs$ryh!'allb aod satcty rr{uiremcnts but des nol m(a! all rcquilclne ntr fo( licefturc. ReaJoru To blaao a osri pro8r.m, some dis&clion ir dcsirablc, SJrisl'acto{y comDlir'|{c: A. Thc hc.llh, nstririoo, ond tafcty rcquirrrncolr of portt 9545.0560 ro 95a5.0580 glus. bc mcr, cxccrt a noLld (!cc prflr 9t15.0560 to 9545.05801. B, Tha liccosc is issucd fo< r pcriod up to orrc lcrr aod stlall no! bc rcDe*ld oficr otrc yrlr. /^C. A plltr for full co(,lplirllcq *ith rtandruds murl accomp{ny lhi J rpplication for licEns||Ic. O. Wrirteo noliication of thc tlaoliog o[ a Fovisional liccnlc by rl1c dcpsrtmcnt Erutt b€ Bradc to lhc child carl opcmtor spctifyitg the reason, duration, and crxlditions [or co.ttiouiog ard/o] tc.minaling lhc p(oviriotr,d liccnsc. This wi.ll ircluCc ttc Dlaq rhrt is.rquirEd for full coulpliaocc. Subp. 5. Tcro.r el r4ol.r licaEe. Thr tcrorr of lbc rctlrtr lirxGr arE: A. Thc licccsc is issu€d for ug b (ro ycarr atrd it oot traosferablc to rrothcr opc6to( or sitc. B- Thc lisc!3a h islucd rllcr thc cetltcr brs opcralcd uodcr a p.oyirional lir,cn* for a dc:ignotcd pcrild (!.. ruhpon 4). Subp. 6. ChlnSct L ltea tcrm- Aay ciangcr in rhc tcrnu of lhc licrls. nrurt fliccivc prior appmral froar lh€ d€porto€ol Subp, 7. Spcci8<rtia.. li$os.. Thc lirtnse rball pnrc.iba rhc ouarbtr lnd rgct o, childltn to bc carcd fo. rnd thq ho{r aod days of o(rration- Sob!, E. ADFrlt. Aoy apolican! or liccosa! whocc licpnrc is dcnicd, rqyokcd, . oa Dot tcactxrd lD.ly appcal lo ltc qrnorisioocr il aq;ordane wilh Minn sota Strt{tcs, chrplcr 14, Thc d€grnmcnt rhall notify by ctrriEcd urail Eny facility whorc liq.:nsc i! dEnicd, revokcd. or nor rrDc(cd. Thc gtoulrds [o( thc dcpJn- meult lctioo aod prDcoduJrr for D€d'cctin! grch ?ppeal sbJ.ll bc rtauid" Tlte lff:ls;H, " rctumrd to lhc d:ponn1€or; ard'dl advcrti:iog for thc ccorcrr.a Subp, 9, T.rrrirrdm of &.rlce. Whcn thc goup da,:qalc E,rtcr dccidcs to tcrntio.tc its scrvicq oorioc of tbc cloriDt musr bc seor ro rhc depanmcut rnd thc licrrr5c musl be lllurftd. Subp. tO. liuse rtrere|. Th€ liccnsct llrolr rcapoly for a r.ocw'Jl lircnse. Thc d!-parr lrcol shall ruil p(opcr lolicc ol li.!nt. tt pira don a nd lie'c o-sr rc n crr.rl ftorans oo lcsr thao 60 dayr prior rocxpirarion ol't[c liccfllc. Thc dcFl1m.nt rhill malre arr.rngcmcns for thc ttlicauriog riiil lo dcteaminc whathca lhc dtparturcnt srou.Llrds cootioue to be mcL SulD. I l. Sin dont. SEtc htg provld$ that svcry p$son rvtro opcntcr ir f,rcility ruluircd to hc liccn5cd pursuuu to Mrn!6ori St.rtur6, y-.ctiors 2.15.78 t lo 2.t5.312. without 1 licrrc, or *ho !.iolrtcs rly provirion of lh$s !.rrtoni, thxll bE Euilry ofa misdcmrao.rr. Aoy p.ryJo who ol[c6 o. idrrnrs.s r lijrlily rcquired to bc lkcnsrd Dursrranl lo Mirociolr Slatutcr- swrioos l.li.lEl ro 245.S12, prior lo obt ining suct a Liccose. crcepr for rhc purporc ofprt+tuolling srafand'lor child.cn, or who oflt.s ar ldvcrti$ tny touility in viobrioo of:,uy !rcvisror of Minn6ora Shrul6, rccriotE 24J.781 ro 145.S 11, shall bc tuilry of a DrisdcocaDoa- -, Subr- l 2. Ilghl lo a|.t al tl+tcr tir.rua[r to MiDncsoar Surul€+ rcclrol 24J.r83, Ur€ d€prnmcor is giycn rirr .ight of cotnucc and p.ivilcSc to iorpocacclrt4t:dullnt housofopcrrthl lo dckrmi|ra wficthcr st ndrrdr alc U:ing ntct. I nc canlar--dlrcctDr or rslr{ranralivc thsll bc prct lrt ehro rhc deFrflrnco] !,r.t-e!I rcgdlr liEoiina ei L g .e tllllll I i I I I il 95{5J}5!O LICF}ISINC OF FACIIJTTES rOR OIILDf,EN 8EJ6 . Snbp..l3. Dlscrirluth! Drotlblrcd. No protx.mmay dir{ilninarc inadmir-sronr or dcmistions on rtc basis of racc, icr,-ltrici;nl .ii,j,'lirdi, iiiilj".to(atin. or rourc..rf FrFrrdnL [n c,nplormcnr oi,ud oo'xoii. ilii ai"l".i_n&tc or rhc basis of rrcc, cree4 io,tdr. nariorrat origi,i, r&i;;".1.-il'xoprogram may drt.rimiurtc on lhc. b.rL of ptrysrat rnaliihcniiil"l,iiliir,.,rhc handicap d,rr ao{ prev.or fulfrumcni oi;';i;i_iJ ;;il:ffiIil,, "' SitLfictory c(xnplirocc .4- Whcn rppllng rur liccorurc, cyery e-nr€{ shall tubnrit: ( I ) J sirnul statcm.nr ebour trondi54rimiot!o' admisfio.'J hiringFJhcI (2) a.l imDlcmcnr.blc aft.mltivc actioo plao ddiSncd to Gcruitminoriry childrgn rnd sa.rffwhcrc such mro{)nty troups rrc r part o[t[c commu.orly. .- B, No ouEr*rsc cli&rble ditd can bc crcludcd oo lll€ brsis of th:tpccificd chractcrinir:, crceft(l) a .progn n .<rhblishcd to tdrvc low-incomc cfiilrlreo may qiven lr, prtonty to chrklrro of rh.i: group ooly bur rlrtt oot .ti.crlminaii ",iiiii ir,"Sroup: (2) I xp8nm esrrblishqd lo scrvc chitdcn of a prdacutor RliBiouslarth may rcrv. rlrrsc child(co onty bur nuy nor {i.rcrinrinc-rJ *iiii,,-ir,'"-',jl^lI[f :Hs.,T",, ifj lm,r,:.lr,iel;l;'xjfi [Hftg;I;:','fi Jff ff ',[ . - C. Emplulmenr prxtie,cs shrll bc. hlxd on ho a ,idg occupationulqu:hf ca(ions. Employ.R rhsll not discnminare on rlrc ba:ir of rii" -G.,f,*f ch.ractcrisricr by: ( l) reltlint lo hirc a qualilicr, applica.oq [2) dis.harfin8 a qu-ilitcd eoployrr; (l) m.irrraiaiDg n iyrlelrr ofcnrploy,Dcnt $rt u[.carooablyGxclud6rtr rDDltcrnt: or (a) cull bhic diflcrtncrs ir tcn!IE, compcoErion, tcrmsofcmploy-mcnr. up jnding, con(,ilio0i of wodi, facilrics, or p<ivrltic;,;i.;;;i;;;#;: Subp. 14. W:rir.n Rul.s rray b€ w.r.ivc.J, wirh rt,c u[p-*li ,'i,i,'. ,f"r""_mcnt, rccordrnB to lh€ pro.cdu; cthbrirtca'ror sia'l "ii,ir.-ivi]Jl.-,ll"Jrr"tnnt d only rf ruc hcdrh ard srrf.ry ot rhc crriiti.n aie;;;-;;j- -" " ."', Satirfectory conrpliancc: . A A o).Ddclc Grplenarioo of rhc rt,!oo3 atrd gurpo6c! of rhc rraiverruull bc urb.miurd to rhe rlarc agency et .hc tiil;a6iici(;ir"i iiil..ii'".. B- Waivcrr qro bc gralrcd only in writiog a.ui or ylry rf,.,turn."u,.nd oust bc riglcd prior to rhc beginoin3 of pro!-ro offiri;,; - ----"-' - C. Thc SriutinA ofI saivcr ihall oot cuqstilutq a prctad(nt . *ffo"f,H*t;llf nkt' EYcrv applic&rt ror r tict.s: tt'itt tc rr,"i"rr"a *i,r, _- -|!O. t C. S.arl.2t" llcnr.r. Si.rporalc-licrn j.3 shau bc rcquiacd for prosranrslurttLlncd on rrplruc prtmiscr cvcn whc[ opcrnlcd undcf'tlvr_;.* !;;;,,i rt1t ..rc ticrrllc th.ll oor bc rc{uircd for scpararc prograrnr.p"-i"Al" u*rac o,Erotlct utdaf tic tamc aulDiccr- S{bp. lr. Sch@t. Tbc oimc.!.hujrnroi',',,ooron"f, rr,-c;;:"*ilfr [H,frHj,"Jgllffiffi Hf l j#Erub.d ourscry rthod rcachcr rnusi bc plcr€nt e'r;;;;'ii;;;;,fr;;;;';iii,.Fofun for cvcry 20 childr.r sitrory Aonority: .US s ZlS.iO2 suV t llioqr, L tgEl c 651 orr t r sE !_F.- :$: :t t837 LICDNSING oF trACtUTrES FOf,. ClrTLDt.EN ts,rs.ort{) 9s.t5.0s40 rAcrLrTY. Subporr l. CoorllirxGrlal orlcrl,rw!.Tbc blrildiot mula rEct lccal rcouire-orclltl lo( zotunE, bourine salritorioo, firc proEctiorr, tr..Icr uppty. inU scvr.rgcdisporll. - .. Rcasoo: To protcct thc bcalth ood safay of all peroos who occupy rhctuilding. S{ti'fr crory crrmplianor: . . . A. Tfu program n u.tl ohaitr ]ritrco vsritcitlor frc.n thc yarirx8 tocdrcg.t Do{tr6 statrog lhat icquitEmcntt hlvc beco mea. . B. ln 6c- ab6c'|o. ofllxal rcBuladonr, oompliaocc {rall bc sadsoed if thcrEqurcmcnB ol thc L)cpartlucol of Hcdth aod thg rtatc dre rno6h arc rDcl Jndit is ro statlr, ln *ritin& - C. N.yly onitnrctcd facifirirss sDd rlrc.ad buildioguLU m""r U,lttquitroeors of thc Slatc BuildiDs (bdc. ^ Subp. 2. Flcrr tprco. Thcrc sh,:rll l,c r oiri(oum of rj rq!,xIc f.El of urob{cIgor spacc_(pfl nMry sDacr) pcr child in altctrd.nct, crclusivc of hallwavs. brrh-rcorns, lockEB, lttchaDt, rdd noo( spie oeugicd by soniury equipnienl ltut roaludxu equrprrcnt ud tumilhioF rcgulady usca by rhc chrl,lrin.' Rc.rson:- Prog.-o-m {err:biliry aDd cht'ld moycmcnl ftrds rdqui(c lhat adc-quate spae bc avlilablc. S$isfactory oorplialcc - .{. Thc epplicaor rtall rubmia.lloor plar of rhc proposcd tlcilir, rorcJlc- --- -, .B-. N9 lnoro tluo.25.nrr cclt of ihc arupord primary rparja rhatt h:ocaup]oq oy cqurpmcnt to bc &lt stotioruuy. - C. whcrc thcrc i! qu.rtion lboul thc uablc tpoca t.hc lio:nriog egeorrhall orcrsurc Lhc .y.ilatlc irirrary spoca Thc liEciog .gcot rba0 d6ilnat rhc licclr.d (,Irlcity of thcprogram. .SuUp. 3. Progl'n t!..G. primary rpre.c dcsignaEd for l[c DrDcr.ru sbsll bcavlraDlc ooty.tof lhc!. ldllll whcn thc ]xlgrem is h o6ranon. This sDirce drillrocluUc lu.n!thtn8s ttrd cqurprD*oa prinrarity for tlrc prugnm.r us.:. Supplcmcn-trJy soacc may bc rha&d. .. SyUp.: 1. 9o, +Ur.yr.r_od rtri(rtF All rlrinay! a^d co{rirloo lcading ro-crlls ilr{U b€ tc6 clcer rnd fie froo obctnrctions ai rll tuoes. . Subp. 5. Toilct trduti.s. Adoquatc toilca.nd e/-rlhlDrk musr be provid.d ro a Pdl-Ycolilold phca *riifictory complia.occ: A- Thsrr mulr bc at lzll ooo toilct ard otlc wtshbo*l pmyids.l tor crchl5..cbiJdreo ald otrc additioo.cl roalet snd cra.shboid for."tt adJioni rSchildtco or froclion thacof. Toilct. ard *ashborls orurt bc rcacbiblc.-- -- , - E Traioi4f cbaiE, irstc{d of thc rsluircd uuobcr of roilcts, mu.s bcprovidod for roddlcrs, C. Wa3ct rcccdblc b childrR! lhdl oot crcr.d t 20 rr<rrcct F:lh(Rnhc(. .-- ,subp.6. Sict Altdrrr- CcEactr mutt provide cuc lbra rllil\t rrbo beconr$itl. Supcrvirioo mun bc eroyidcd uotil rhi chilrf ir pic&i t d.' - : --" . Rcason: Childrcn qrho orG lroa w8ll rhould m] bc rcqqirrd ro be with a gruupor involycd h ilr activiric!. Ncirbcr rhould as ,lt Ji l-'bc DiiiJ;;;ft.r]continccrcnt. Sarisf.raory cooplirncr: Spme dtsigoetcd for uJc by an ill [hild !r.tl nor bcpe$ancndy irrraogcd bllt rhsU bc: *,f, -*lY ""y fot othcr comptibic putporcr' c.g', prinrc o6ce. library, II ItII ir I I I I I I I I I I I I I I I I I I I I I I I t I I I I I I I I I I I I I I I I I I I I I I I ltttttttttlttttt It'. 95.t5JS{t [tcENSrNG OF FAOLITTES toR cHtLDBp.N 88]8 ..,onirJ.iTtti"dy p'olcctcd liorn tlrc meio acrivity arca and thc kiachco by C. <rluiptlrl with a childk cot; oqd ^ . D. rritbin il8,ht and h4ring ofio sdullSubp. ,. t'loor:r. Flrrors mu"sr bc kcpt .lca|r _st {lt tidrcr, o'usi ,rol havctptullcrs, crack\ or bfolcn litrolcunlgH:h"r.l E##;t ii,s.Jil i:ffi:'llt*:ilxrtepffi i. gf t,t[ _ . Subp. E. Ruoa ac!xDer.tu.!. Ararnnrriirlrrari'u! mffi;il:if,il|$T,ll,|,ff ,fIlf,I:;:JL"j u, 0",*" -,^l;l'd, :*u;ll',1'.:mf ,il-,1',llrtl*[Ift I AHil, :;;li11.".,,,,",,,,, Subp. t0. Cleuliness. prcmi$s slull bc lcpi clcan aod saniurv-._, Subp. I1.. Stcepirrq pl_oce. A co. o, o ""u "'"-'-u.'p,ii,a.iiii ""0 .n,r,:illi t1,l [ ",gffianr rh.r indurr(r a 16r. aa+q,arJipi,x-iil'l.iii r,ir,,y ,-,,-.Rl-"-:gl Clrildren io a day<r.c pro8,ram ncld rEsr {nd quicrr! panof rhcortl!, Jcttvlty. Sati!f.ctaxy comphancc: "f ry* "Il,ll|i} :ittS3t'ia"a 'ittt "ribt or pnddcd plavpco", Eraldl*s L Totldlc6 and pr<schoolcrs uodcr rhc zo.:,rf 6v" .-^ ._r^ -.prog'mr lasrins -o,q *,.,i n,i iji,,f ,Htt tliifi..dt,* l."rs who lcc iD C- Childrcrr Dldcr rhan rn fanr5 srSq 4rc in progra.s in rfi'k.s rl,on f, r"hou6 rhrll bc p.oyidcd 'rith warhaL.le mar or ruis t6r raiinq rcii.-.'.-., :,"*L:"i.ij i.]i tHt5fr",il'.t .:fi:,i,l.,txl,ffij;l tsl;"",fi,x;;,:olrlrrc5!. slJa malracss orot{.ctor a,;r,iru--'"- "il yl:,ii'."iaXlll,El,?rll'i" ,'fiilXn"i:ll5 mav bc pruviJ.rt ioi E. Cnbr. cols, or oLryDcDr Dust br so arangcd thrt thctc i, casy acq,"slo cach child aod accq5srbilrty ofr:rir ir marotrincd.- --- "'-.' - *.r * .t rl b. .l.lsb tutl bc of ad'qualc tizc for fic cbild's hcig.bL c.ib mrtrlciii! , G. Shc.t!" Oillopt, aod blaol€,B rsust Do( bc iolcrJu-Egcd nod muit lEIcpt clcao tt !ll limcs. Bcd linetls musl bc hunder$d at lcag oncc a wq:k or wbcDso,tcd or wct. Blrr,kel\ otrtrr.ar proroton, ooa jltto* p;ticcil;;i;: [,r"-dcrcd whco ir ncw chrld uscs the'bcrl. .r,r*" 11.,ft?"}l,T.1 by ,n(.Drbcrs of rhc bouschotd ousl not bc usod b, rhc l. Crih! shall Dol tc sra.!cd. . .Sub9. 12. Drcillt,cqDit Eat.!a fr[[itn,rc..\ll cquiprn.'nt aod fumitu(c mustb! dct.8n€d fo, thc age group rod bc urUtrnriat, iasy ,".i.oi anJ'ii.* i,"",rrra.p porn6 rrr com(a!. rplirrcrs, or lx,inrs rt,.ri ion-rii,il..i,ii ril'i:r,]ii".", ,,"r :H?'TT i:lill. r* tr hcpr in ytd ri1,,., *,rr, ," r._ii.r,lio,,,, ,',,ill"'i,rru,,, .- .,.f..T:,, ChildEn hav€ ccnaio dsvclopmcntal cquircmenrs th.rr cJn b(. Hjih-fr .,h';trjffi T^H:,':*H1,H'#FJIfi:#.'JH.I-",f#I;I'rr . Subp. I l. Ouldo.r. tLy. Ouldoorplay argr ofat lcai i5 sqoarc fccr pcr child.od no 1l5r thao L(X)O iquarc fcrr pcr pogram musr bc pmrratd, ----- -' s!,$i_.iij'ifr i;i1lf"*ffi :'#lf6xlffi"ts:xf trT#dlffi ix,f ,H;lcarui!a ecrMrict. 8E39 LICENSTNG OF RACTLITIES rOR CIIII.DRXN 9,15.0550 S,ridaclory compliancq This lcquircrDcaa wiU bocotlridcrol fut6tEd by.nyonc ol lhc followinS: ,u-u"otolifi'JilT!$ffi H,HTr*'i1?:,ii"#Htarin','g(opriaE B. cJiacsrr p{rt facilirics wirhin IOOO tixr: or . . $ aart spc.r thst i! mo(c than lom fi-r f(o.n thc t.oup dry sa(ccent.r,crherc drily l.rDrportrtioD is providcd . S-.!r: l4- Su!€rrisio. dEiog pLay. play spacc must bc adcqualcly codorcdwn€rt n6cc!s1.y Io prcvcna chtldrco from lcaring rhc prcnriscs uoattiodcd rndou-ulo.)r tiiy linlc musr bc dirccrty rupcrvirr.rl iirt -r't " i"q-r""a l'u-fri"*f,ifdr:l( ro- *,J"1'nJ*ftii'filitllJtSlir1l*T#ir'j1ffi !$1* be cuuiopc<t ti,r St.trtory AEth*itr: MS t 2,15.$OZ sub.l I 9t15.0s50 ltRoctLUtI- -__.iyb?la l..Io grrrrrl. A. group dry<e6 prog(am must ,hoy cvidcrcc, in:l:,ll.":PI":,:l::, rrr thc physierl, inicltcctu.l, cmorion:rl, and sociat <tcvcl,rp- Ty:.:1.111 ,",|'lt. .Every- protram shall brvc iorcor:rl ornsr:rcncy oi go:ris,o(4rcuves..t!al acllvtltc!. Evcry p(oBranr shall provirle a orioinruur o[-cqr_rilinrcntand oratcrials. _.^I:1?,]i Jtl!, rh.c dcvrlopmcn]nl rcquircnrcnrr, cuhunl bactrgroun<t, andc[afilcrr:(llltcs oi cach cbild, rlay_caa€ pro8rams rhould c,onsrdcr] bqrlth ltrrl l}lJlllg1l orr(s,,nftd ,o^r l.qrnty, o(!d lix frwdoor. nL,Ld lbr srucrure, nr.crl tbrcoorpa$ro , und ncdl tor challcntc. Evcry child ,lecd.! individr8lizatioo atld frccdom of cboicr. ar wcU as \rholc-Erouo acliviri.s. Nerds chantc ar rhc child jro*s iod it";;iil. - '-- - ' S.tisfactory compliaocc: . ,,. A..A,vrillcn p.ogiam p.an th.lr car bc i,Dplcmcotcd ond it oh,s.rvablcsn r r r a v.r rrbte to r rcvicw by t [c dcp.admco t. Thc p rogram plrn sbi ll show howrnc fxot:rlIt lntcEds to ure: tlE Dhyricrl, iatr:llccrual, smodqoal. aDd 5.xul [I*itT'ifl."itj'.t;rtc proe/-atD r;t.i,-sh'ii ilL'i;;;';;;iIir;Ei'fr [: 1 B, The prograo rhall tubmil u ichcdutr of rourinc daity activiliea _ , C-- Thc group.hy qrrc ccntcr shdl orgunize an cnviroonrint iDdoor ,6doutooof3 tDlt po\rrdcs I widc rlntc o[nrnlcru]r to srcct thc mriql dcvcluonrcn-ur rcveE and crlltucd beckBrcundr of chil&co, su(i rs -. ( I ) coorlrudioo: bloclt, sand t Uc, u,orlbc.Dch, walcr plny. tntct!.00artlructlo|l trts; (2) dra Eric plar: Olayhouir, Durrpctr. phoocs;(l) ln: earcl, painu, chall. crayoos, clay; . (4) po.rdca play: Ilatrncl bolrrts, chtltlrcarrl. Jr:gb,Erd, purz|Lit,lrc.rds, otatcling glurcs; (5) ecrcrrcc lcarning: plaDlr, aflitu{ls, fl"tg ctr, Bu.rll\:(6) library: booh. audio.visual m crials; (7) muJic: dryrluD injtrusleoB, lapca, r!.co(dsi(8) dacc to bc alollc I corncr or cluir wicrc a c{riftl cJn be byhiorsclf: aIrd _-,. ,..__^,-(?_l_pll]fil dcvclopmcnr: dimbiog ba6. b.-tanE ha,r, iumuioBmtt\ lr.rnncti lor crawhnS. D. Thc p.og..m pL! tbal includc botb iodoo,.[d o{rdqrr ac.|ivrti.!,. -E A-n-inveatory ol'mininum cquiprBcol thlll bc subori crl rs speciocdio prnr 9545.06.m .rd-9545.06J0. * xa\ lllr tltttl J#r . i;: .ci : I I ritr'r 95{s.o55o Lrcr:NstNc oF FACILnIDS Foe fiIr.DRf,N s8,to n*liHll';[F;;,s;*[t#",HH".HH,,,:r,,Sl,.ltil*,"*l n";,ihh#:H1f,l.tffi r"l.Tff ..1e,1",:"#:'.rtrJtJ;":'ffi gPgg;'i3l* ;#,*rhHti*ml[ ;1m-iqli1:,i,*F}ililHtrH#fi ii;ffi"ffi ,ffi Tl; *r.lr,,1,--,"t;.it_ii$'lt*Ixf"iErfi pi jffi Loo6rcfo(ac,ivi,iBrharu,iu m',:*ryi,xoTffi '#,;.3lii#i;'#,i1i'#?.xl*.,,1,1,.,.$,,:l fl*,g*lii'!ffi t""!p*$fi {$ffi r"il}:t},#Hfi :',:#.,T}*fr -r.r, n.i)'n?T#'fj,1li,"h"*,L,.;:Hlilj;reedinsr unrir hc L abrc ro ,,*,,,,t.#,;i,i"1.i.t ,I}*tr[xl,ln;*m*tI",,,,, . r",!" pji "rit'"?t[1J;!X$ *", hc allowed rrcedom or n'vcrircn] ru,ns ..** ,-l'.Ltlt"oncrcccping infiol thill spcnd porr of *ch day oq a ct"-an p11ffiir;Hiririi##si#ffi fifi ,,l*xr*:ffi *r"*, .* [1ll].lffl;l-P' ot allowad ard c,@uras.d to orovc about, [:1!',H;.F.,],*:i,,'J#.'Hfl fi*nil:*iifi,,.5lT,'Tf ;Htff i gy #li *-ru.ryl rrux*riffii#fi lm#ffi qti{.ffil{.pt 8E4I LTCUNSING OF T'AOLTTIES TOR CIIILDREN 9545.0560 n*:;:ri"#,H:Igiilffi iffi lkffin,ffi,l#F#iit,r,.: o,,*,,,,i,?*,llLlTBllXXl*;1,iiil""il;"J,;*,.T,1i,,11,J1,u",. x. r rarurog cllail! stall bc ,."*^ i"f iit?i"Hd: ;:LHl1",9"I"f"iffii."lo,ll'.1[T."]*; ^, "r* "Xl;#f.r.l,lt'Iglil;",l*imiT,*,jioji.. gf [f,,,,1;i:Bl.:,",ff ,,l.rr*#;ftt*#rbv "h'lt"to {ccpiDs io sribr sha/l bc :cprrarc fmrn ".J:?0,i,:'"'n'i[:,lf tr"tl,,l$Ji,i""JlLdrr{arcp.osramiousrmcclrhe Srtisf:rcLory crrtnpliaacc: ", ^r*li:Tl,""X'$*,I'r?fi jfl.lf,fl ,."f#nunlv ror croush deep ror bis agc *** rt;i';Iil3,1T"X[ffili;itl"Hi,ii re ri'or oo "r'il.r rr dcprivcd of s&xp. L r'furfl actrvrtrcs stall bc providod beforc lcdaimc to rid rcLxario[ lbr ,*,.lilB;f;tf*f*ilcl Nochild shalr bc subicscd ro c.orporal o.psycho- _. Rcason: AlthouBh faoiticr dific, lilfl ',",fri.T'm?'ffiJ":'#lI;:,:1"'[fl::?,ffi] H"liil'g't:#i:], g SratMadory coqtDIiarx.: "r,r. r*;ll".lnffj ;HTi".lfi ,ffit, * ccnrcrsbau bc di'c,scd *irh cach .*-rr[i,[, ].orflrdfutl'r'r,hntnot"o'tuthlv' tuclr rs shoving hairaulring, by ",olt c N"hih th"ll bctil iorny wry, nrc[rs dappiog sprrrtrog or kicking igg'ff n,ffi{S,f+i1'.Hd##.ffi fl ,uki;ru-"x E. No child shall bc buoililrrrl, shamcd, or labelert-l.-. A cfiitd rha[ oor re qrntr,J ri,]l.,l]_-:^-,:l',::.o v.,, "i J_ii,Jf,i;:$;$ffi.9irrun", ., ..0 Jr.li"uiI'Jllf"S,illlHL. Ad!r. ,,uc s, vers rha * rx rcrrtd w ir rr Srdu(qy Alrio.itr -t!S , 24j.EO! ,!&l I 954s-l)560 ITEALTI -q#"F,ffiffi1##1**lu1ffif,+:f':s'H ,t* i g ...4 rj.r' d ^ t_J I -.t -.,,t I 95.T5.056U LICENSING OF F.{C'ILITIES FOR CHILDREN t842 Srtitlaclory co pliaocc; . A. Thc dircctor (n_ay pcrform thc tpccificd rctiviri!+ or hc may dclcgatalhcrc d,rrirs lo rnothcr pirid gaf Erembr:r- . 8. Ttc 1x'rrco rcsooasibtc for hcatlh shall dcmon ratc skill ir reco(dlrqurg o:nrmunicrtion of hcal$ pclicics, cnd refcrral tocommuoil, rqiourccarlrlbrn onc yL-Jr ancf Ucgniuoe. Subp. 2. Coorllardo.. Coorinuing lrcthh ontullltion shall hc sousht fromagp.op.ia(. priyar. or public commusiry rdsou rrt3 to asskt in dcvelopiig bcrlthpollc16 Jno rdcptnE thcm cuficnq lo i55ist io s.(€sning refcrr.rl. acd frrllow-upprocalrrrcr; .rnd ao p(ovidc rdyicc about cbildrcn wilh-3pccirl n!:ed! Salrrtnctory compliancu . L All prograors rhall rctk rcgulrr consullatioo rirh a Dhysician orpublic h.rlth oursc, A physician rhall at k?it bc availablc as an cmcrgcncy3liourc during thc houo of opcmtion, .. B. [f irfrnar undcr onc ycar of age arc carcd ,or, thc Drorrrm must hlvcmonthly \'onr.tdtaliotr it'lth a public hgJlth oursc or a rcgistcred nufic wirh trainioS or crpcricoct in infant ca(c. Thc program mt st ofocarc uddc( hcalrhpolicic: rpprovcd by a physiciao. Subo. l. I ft.Lh grlrnrent. Thc cen l!.r must rcquilc r hcalth sEtrment signodbrc&chchild's sourca of me<licalcrre The ctntgr may rcqucst that a child irave e ncw physicrl cxarninarron. SJlilfacory com pl icncc: A- The csolqr sball haic on 6lc tba oarlc aud rdd(ess of .iJch child,s sosaEE of Egula, bca kh sut lyv iii(rt and .l bealth carc sumnrrry (stc pon 9 5 4 5.06 6O) for ca!:h child- B. lf r child'3 bcalth ca(c $rnsrary ir rot comphrc at thc tiorc ofmrollrlrnl or withiD 30 days atlcr earulrnlmt thc chitd sb:!l be srclu<l(d f.om tbc ptognm, C. If r child's iormunizatiors arc aot uptcdrtc at rie tiBrc of cnroll- mcDl, cvrdcnq! of e plra to gct them up-tqdala murt be ort ti]c at thc cenlcr*ithio 30 d.rys a0cr rcseipt ofthc child'r hcllrh carc tummrry, or thc chi.ld sball bc crduloJ [rom Urc pro8rrEt- D. l[a rubcrculio rlin rrt or X my is po6itiyc, cvideocc of sarisfa,crury a[talmcDt of follo,r-up musl be rccordrd. E. lf 9o-rnrs of a clrild objcct lo merliql craminuion or rrearmcnr oo troundr of $cir Eligiost bcticls, rbe ctdld's rc.ord shau colrtjdtr a hqrlrh c.rc s{lmmary cotDplctrd b'y lhc trrrc,tt aod ! srrtEmcrrt !ilncd by thc pa.L.ot i Jiq:rt.in! tbctr obiirlions to mcdical clamiruliolr and ucntm;nti on grounds ofrtligiour bchcfl S{bp. 4- Wrh.. be..ltl ,c.licy. The ctnlrr rbull havc a comolctc. wri(trngo[cy on illncs end cmcrgcncy c.r]c, accidcolr, li.g aid, and exciusion of rick childrrn. AII sl,lr musr hayc mioin8 io thc admjnilntion of 6rst ti(L SatirtJctory compli.anct: .. A. At lhe ttmc of ngistntioo, thr parcot must hc given a copy of the Colrcy an cludrlcocy lnd illnds ct.e and cldusioo of sict child.ln. B. A phn rDusr ba madc with cach parrnt aDout. corcrscncy and illDcss Ca,l that rhall inclrdc tllc inforsErion spctiicd in Dort 9t4j.0590. .- C. A!y impo{aant infcdio[r or commuojcablc disea* must hc rctx)rtcd lo 0l! p6rEnl5, . Subp. ,- Mtdicrri.rtt. WLsn r child it to bc ivcn o(Il orsurfacc mcdicition,fiinco inrhdiorS by a phyricira or dcoail-rlurr bc pmvidcd, and wriucn aulhoairztion ro adminiic( mcdicarion outr bc liYltr b; r paIrlrl McdicarionDuJ| bc labclEq llorcd undcr locl, or oot of ahc r€ach oi ttildcs. BT ti r ia ,;.,s,..{ 884f LICENSING OT FACIT.MES TOR CIIILDREN 9'15.0570 a\ I I I lllllllll S!r isflctory compliaocc: .q- Thc ccrrcr shall oblai! writtcn permisrion fmm ths child's parE6t3 prio, lo lhc adorinislralion of aoy trlodicrlioo, pr€scrifxion or noop.e$tiprion. B. Mcdicrtioos shall bc kcpt io their oriSi-.El containcG bcari6g thc origioal labcl with lcgilrlc inforrnatioo strlirg: ( l) prclcriplioo numb€( (2) nanre of drugi ' . '. . (l) strrngfi rnd quanlity of drug; (4) cxpirdtion datc ofany rior€-dalod dnrg; (5) tlirr:ctions for usc; (6) child's namc; (7) physicirn's namc: (E) daac of origind istuc or, t iri a .tfrll, lhc nto,st rccgn! dalc of iisur; rnd (9) nlme and addrcss of thc lkcnrcd gbarglrcy i3$arg tbc nlcd ica- tion. C. A rr y dflg c$nlriocr hrvin! a dctachcd. cxccssivEly soilcd. or danuScd lahl rhdt b{: reruntcd to lhc oarcnt fo( rElabcliog at thc issuing phamucy. f). Th. contcnts ofany d(ug c!]ltainc. wiallout a lilbcl or with ar illcgitlc labd shal bi: dBtroyed immcdiirtcly. Any uorucd ponioos of prcscripri,ro drugs rcmoioing in ttrc facility shall bc rctumed lo lhc parcnt or dcslroydd by (hc licrn$c by lluthint Urc[r into lhc scwcr 5-ystt.n and Gmoving and dcstrcyi.tg ltllj labcls from rhc drug coollincrr E. Mc.licaaiorE haviDg . spccific erpiration datc shall not hc uscd aScr dre data ofcrpiritioo, F. Mcdicat io[ m!9 bc lro]rd oul of rhc rcrch of ctildlctr oa u]lde( lck G. Thr parenl must be informcd whco aoy mcdicati.on is Bivctr- Srbp. 6. Iirrr-aid kil. A rcl},orar frr -aid tjt and dirEctioB fo( its tLse Elsst bc.eailablc. Salisfa-ctory compliJrcq: Thc folovrinB minimum f rst-uid supplies must bc availablc and auoorpanicd by dinsiors bard-rids, tacrilc baodlses' ttcrilc q)mpr.ss{:! orlhciive taoc, maguifyinggla$ wi r oe.dlcr and t\rEqre.l for tgrrx)y- ing srliotcrt, soap (wilh watcr) for cleaoiot cutr, ab.rsions, cls. Subp. 7. Toicls o. air drteE Paoer towch, ,oltcr to'r,eb, or air dryers oust bc pluvidcd lb. ahc child.so's ura- Sutrp. 8. Toik't rrtidel.ln p(ogla.llr' praviding slccp cuc ef fou( to livc hourt or mon , ch drild shatl have hir own clsarly idenri.icd toothbrush, conrb, lovrtl, add I'i@ do r. At leasl lwicc a wDck towrli aod facr ctoths qrurl bc Lrundcnx! Soap ard toothprst€ sh.dl bc providcd, Subp. 9. Dirt Jirp€e Soilcd diapdB shull bG kcp! in a clostd con(riner. This cootairEi sh:rl be clcancd ddly lnd shlll rrot bc acccssibl€ lo (he chr-ldrc!. . Subp. I0.'foil€tios. Pcsichool chil&s! Drusa bc mooirortd Lr rv".rstriog thelr hands.nd loilctiog. Childtrll ihall be cnauraS,cd ilrd hclped lo kccp theorselvct cl6n. They ihall acq:iv€ rpcciGc lrairint io pcr:o[al hygicnc. Srrruaor, .{raho|itF MS s 2,15-E02 t .bd I 9!15.0',0 NUTIITION. Subpan l. Anhrced !arr* A group dtry oqrrcr olst pmvidc or ensurE thc arrilabi.lity ofadcqua(c and Durririous mcrls aad slrrcks apprqpriatc lbr the a8ts aod o.cds of thc childrqa lsrvcd. Ea(h Egular. nlcal must proqdc onetlli.d of tl)e cbild's daiv food o€tdr. Onc urcal nnd tvo atrrcls or two m€3ls ard ooc snrct :hatl bc pmvi4rtl ddly fo( crch chitd io .atE fivc tbro.rgh ci8ht hourt. A ,[ini. Ilum of tr.o mcals Eusl bc otrcrld to childrsrr i.l clrc nioc or DoIr hoor' utrlasa four or mort of thcsc hqrtt arc rpcrt ia slctlr 95{5.I}''O IICENSING OT TACIT.ITIES FIOR CTIILDREN 8E.I4 - Rc_rron: Brlaaccd ourririor Li basic ro hcal[L Erriog habiE and ettilu(kssbuul. t'ood tq fo.Bgl in tbc carty ycars. Frring :totti Uc a pleasini- sJ..ialcrpdncnlI, and rull ihould cat with ttlc driHrcn. Childrcn sbould'bc uJrcouc.rgedbur no! tircrd @ eat. Sarirfrctory compli.ane: . A. Ttc currcnt USDA drily food gqidc ,htll bc uailizcd in glanning adcquate quaariri6 of rhc bsric f<xrr food: ipproprirtc for the age of ihe chili($c p.n 95{5.0070). Elhnic food shirdt be initirtud *hcre cr;d-r-,*'- B. Thc drily ftxld $rde shalt be us.d as r paltcm not only for hollunch.S tcrvcd at tbe ccntcr but Jso for Cohl lunches a.nd lunchcs hmr.rtrht from !91c. !c*,arc ScreprabE $hco pacnt5 art iolbrmc<t aboui "rfrii,,na[yadr,quarc luuchll The centc. shal p(u',iitc tuOplcmcots lo bog luncher as nctdcrland pmpcr refriEec.rtion. C. Soacts sh.all ioclude a'bwcragc pttrr oReor rDorr of lhc followiog; nw.vcSd.blcr" chcrr., c€rcal prodtrs or fruir Soac*s ruust bc proriUiJ ar iuiatf"lotcrval! and scry(d at lea5t l-l/2 hoqrs bdtbrc mealr. _ D. Tbc admissioo ioicrvicrl shall inchrdc inforoalion alrout &od habitsud prr6.icca. f@d ltl6 rnd dirlk6, aod ctrlrural partcrns otibod "tiiiion anOpaepr(auon th.l mry bc osal by r&c afrff in lcrying foods. . Subp. 2, lU.Dq Dh.t|ing. Mcnus musl bc t lcnncd ia advancc fo( a crclc ofirt.l..st onc toonth. posled fo( parcnts' iofo.mirtion and rcviewcd for nutritiorraltdcquJcl at I<351 olroe I 'C.rr._,--l9gl Cyclc.mcnu lrhnning srwr_timc snd rEsults in morc cucfrrllyprrro(.d alenus, bc(tcr cost cootrol lhrough improvcd purchalilrg betaer Dutri_tioodly hrlraccd rnd ororr varit.r mcn-ur. *sicr naJaoic liininc- "t *o.frdcdulcl ard morc unifonu and b.ltcd food prepararion_ -Wnin-i*-* u."po'rfir, polrlrrr lrow *hat t-oodr rrc scrt6l, cliirillring duplication oi *"o-at homc- Subp. 3. fooJ ptjanlim. G.oup dayrarc crntc. pertonncl shall urdcrttandpcrlood santklion and mel[qis of handlilg, DrEporing, and scrvinr l-ood in a :a fc and soni rary rnan ncr. Tt c prcpa nr ior of irioo'ty crr-i tArcn rn *i U""'*," f,, n y :uEryEqd Thc prcgnm rhill 'x,ulply wi(h lhr: proniioos of appticablo srarc anillcal food ordioancca- . Subp. 4..Srciul iieB. Corsidcrarirn mus b€ givc[ to rhc modiEcrl o(tbcnpeuric dicl ncc.lr ofchild(en as prurcritrcd by xir<r of leafifr-carc. . Setishcrory coorpliancc A Thc rlict ordco mlrlr bc fl.d a d the erlrrrB srall info(med of thc dictrlsEicIioo!. B. Thc dirrctor dru ch!.ck with drc pcrenB tbout thc length of tiore thcchild ir to b. oa rhc dicl. C. Ttc diet phr i5 ro bc ca.clL lly followBd by oburirio! UrG cotrsirltilivcrrrvicrs of r qualiricd outriti.)njd or dicritian ro intcrprcr r[" .t,ci oid"o acnc(dcd. D. For thc d kl roluiri nS a riard di!.l bccausc ofscvcrc diaburer rodium . :tcttrictioor l(to8€otc, or phmrltcronuria. food glust be brDuAht froor Lomc_ # S!bg. ,, Irrboa di(Lr. The diel ot'an infcna shall bc &rcrmincd trv rtre ctril-fs 'II psrtlrl! in rxrorull,rtiqn wirh ticir sourcc ol h€lth care. Fr - -R6too: Nuuilion;ll adcquiEy and $.oiration are the t1flo -mu.lrs- of iol|Dr ;_.ft,drog. Slirfrsrory cD.oplrucc . ffi A Forglul. o( Eitt od solid f@d!. irdudiog vitanir .od iroo supoilm S:"'1 Tg.b'$,:o*i59 q*i:'i,: -1."L"*'1"u rinrc iorqdls i#' EE4, uci?NsING oF FAoT,ITIES FoR CHII^DR.EN 9*]5.0580 '"rtdr..i,.lli{.;tHif fl.ffi ;111#l}%#*'n'ffi":[ ji.#:i?,TJl-j llrl 3l"'illll,LT*?orrcrca 'rd ero''€durcs' signcd bv rhi phvsiciao,'shall bt ^C. The parcnr rhall bc infornrcd daily of th€ aEour( and kiod of fooliotulc of thc iofaot. D. lirch hfanfr li:tdiDg lchcdurc ahdl bo hvailauc to sutf. .__-Srb-p.. 6. Iya.trr. Driotittg wrtc( shalt bc ay.itablc lo childr"i .oO off"r.O ",Ulqucot rtllCrvah, Satisfacrory cooplieocc: - A- Watcr boul6 tor infanB 3hr[ be prcpartd, Bckascd, ao.t idcoti[cnfor cacb individuel irfd_oa. Eact bo{ c sbi.U b. storDd aod hardled to orotoca.Ealml cor.aminaliot Eech ln&nr'r ,,y,.!l.acoa f"i *.,".ifr"]i'6i:i-Jlr}.A, -givco by tirc infanr.r parcDt, oo thc aodi;a;i;;[;;; i;;;-- '.'-'' . .. . . q- Drinlinl yder fo. toddlcs rnd qldcr chrld.co rhril bc aroyidad rniodividual drinung orDa or lporovcd ddnfj"g fo"oraior S&rua.rt .fultrqdrE MS s 2l5.EO2 suu f 95{5JI5EO SAFETY. ^_,iqry l. htvrrtlou Otqqhucr. Evcry chitd carc ccorer s&all h.:rvc wrirtcntr(lcnt Drcljc[tloD proccduret bnrcd oo (ornmon c{uicl ofacciUcnts in ffri'ig;lrolp rarvqr. Suisfrrory cooElirna: . A, Aa leort twicc a ycar e rl&f orcmbcr tbal iosDet dlc ccntcr tbrhrzar&. a.ll herzrdr shz0 bo di:calscd virh stlf end *-rrrci{-rv1?i#rriur".Proccduns shotl bc dcvisod ro prcvcur *cid;Li ;;a;tj;il; #;;:: . _ _ --8,-Firr prrvEltrao[ Erc.urioDt slEu be rporirrcnt wirl r.be Srafc Firc 'M.6h.al't Codc. _^,--_,_9- Wllln p,"*dfq fot lgidclt prsvcotior rhdl inctudc at tearlpolloD..og, aipirarioo aod doling iq.lury, buris. rod pcJcrtriaa "*i*^r.D. Accidcqt rrlrcnr o( an rccidcat toB -*r-b. L"pr o" .fi """ii.nr9r1teupl mrrrx scrcactEr aod ebrorions. Rcponr r-hould be rniirred ot'Glinnn.alty and proedurc adjusbd b pcvcnt rrqr.aoe ac.,d"o'rrl'' --- -' '*-' _ , E. Slatrshatl hrvc r pracli(al undlB&rding ofaa lc.alt tbe ccntc/s s{fctyI1s?I,:.!:"l llnna* 19a comnoo rccirldirr *.-,-"g ii;; i".r",.ucr.rL\l ulslfuglron l[ s!.aaualron procadurci, usc of thc 6rc eitrnguirhcr, ulrrlbow lo Jcpod accidsrit t "- r" pfilt: flHff,E;Emt*. t'w f,'hctc thc ru" bor b locarcd' lnd .*i,Ht;iiTH.ffi,'11-.-*itilshltl.ubliltproccdurcrtotrr; -- .-RcJsoD: Adva[cc darling is trccGsary lo cnsurc tafc, c$cicnt actious ro rpcflod ot cmcr8cffiy, Sadsf.icrory co([!li!DcE: ffi,Ttffiffi ffi:i#,tffi;rffifi ifi t:.,;,* . B. All st f .trd childrq rt,-rr fniciparE it moo.Uy Arr ddlLr barsd ooDrt crzcualioo prc,.-cdqrrt i#:.{x#trw:ttrr, :ilH*ry"nTr,..ffiFt"? r ,@ff rim :ffi +ra#-* *'f' :!. .{1"''t -c,. ri;,: :' .& $eIF ',i"i' rts .'.ISJ i,'e{g48 *e .! .:- .? I I i I I I I ll--Jl 95rs.05IJ0 LICENSTNC OF Di\CrIJTrrS FoR CIIIII)nEN 8846 ._ Subp. l..Fuc errinFiilr.r Ccnrc6 muif bc cquippcd wilh thc Dumbe. ofDtr crturtur,lxrr dctcrmiD.J br rh. sur! 6re ma,th: .'&i*S;il; iir" o" l",!akto! o(dcr an.l chcckcd annutlly. .n."t,l:? ,l *or,-t ourtcts. Alt (tcctrical ouilers ntuir bG covcrEd or prdccrcd .-_-SfYp 5 Trlcphoa+. Every l-acrliry musl hrvca ooncoin_operarcd phonc (haaU nladrly lcccssiltlc. ---._S.:bp.j Eoctgr'acy. pbonr nlEbrrs..A list of cmcrgcnqf numbcn shc bcp(ornrocnrty podcd by lhc lelcphonu pohcc, firc, doctol "iiUurrno-,.ilJrpiurl.-. .Strbp, 7. unrcrgenc, r"J.3Frrtatio{. -ltre cc"r.. ,lrula ;"i;-;;;;",J.ro ,nauvancc lor cmcrycnLJ tri|OtpOrtJtloo. Subg. t- Prortctioo ul tar vrfrr,"di","-d,.; j;;i;;;"iffiJ:fr fb"y*,,Hllffi ::f..rpip6,ilcam Subp. 9. I bzlrd{rus Eratirls r orr,". poiioria r,il-..rira:iml,,liftt llllft .jf,iiri,,:?1,ff.ilqitff $Dor.nri.lty haz!.doui rml.ort5 ano ro:t: by chiiorcri ; ati;;;;;,ifi]. Srrbo. 10. Stairuyr. St.ir'rart us€d by r'e chi'rcn rlrufi-f""'""i"1,"tf ,..titrdrarlmgr S{rr ory ArrhorirF ,}rS , 215.802 ,uM I 9i6.0590 rDMtssroNs. .. _ lybg,n L polirt. EJclr program sha[ havc au adm ission Jrclicy rhar sacci fiesuc atc rrn6c o[(hildrto bflng rarvco: .\, inl'rnB: til i!,ccts tbrou&h lJ moo$s; 8. aoddhrs: l6 monlhr lhrough .]0 morrrhs C, prcrtool: I I rDoolb! firo(rgit frvc y,:ars; D. prirnary: sir y€nn rhrough cight ycars; ald - E. inlcrEaliatc: oi,lc yElrs through lZ yrar:" _.-:ll? ? Dddonr Ede by cue gn.r..adinrssion procerlurcr rtcvctopcrtEusrp(ovrdc.th. mrc givcr wrrh suthcicnt intbrnrarroo aoi ir"rn iimn iiom rt,eDa*nt ro .nabtc fic c.ru- svsr ro malc dccisiorr: oii i i. Liiit:l,ii],J ii,ir,rtvEtrtrc ra tic absc[cc ol thc a.rteol. . Sot)sf$ory corDplianccl prior to ldmission of tlrc ctriftl, rhc ca(e gtvrr shall :rtfiH,:llil .,if."fi",.ilflfLl*' *,'* o' ocrvrnr rcg'riv n's1ini'fi..L'r rr'" A. lhc chdd.! fult ]t.rmq binh daE, rnd currcna addlcss; B. rbe oamc and rddGar of t,lrc porcnt or prreDlt. or oi r5c pcrsor4glclrlly rctfrrnriblc for rhc chrld: C. rtlcptrooc nurnhr or rngnrcriorLs ar to how t}c perstoo(s) rcsDrrnjrl)lcro( thc chrtd otly bc rcachcd "l,cn ,.r,. ;h,ia ii i; ij;;;;,;"*p"ru,:,;li'", D. nrmct oi ptrsonr euthorized io hke thc ctritd tronr ifl" Jo, r:lr"lrotity .nd rhci, .ddrctl and pcsoor n"r so "urr,,i;iJ:-'-.. - E. nemc. adrlrcrl and r.lcplronc nuhber of lhc hcillth carB rourcc to bcclllcd iD ,;,tsr of rmc.lcnry; F. aamcr, oddrcrses, tnd aclcplooe oumbc.S of pcrson(s) who caorssunc ragooribil ity for thc ch rld ifrtc larcrt ca n n or G rca ciJ i;:; ;,'r;rg" *cr; G. hlalrh slatcsrcotand irDmuaizllio, dals ar spccifcd ir porr 9j4r.Or6q,. H. rfunet eulhonzatirxl to thc cfcct thtt thc p.rrlui dv", p.-i..ioo ro So'fllliii il.H,ifl;hcrcsocv sit'r:'(ion wnen rrc pa-rerit?iiii dI'iJi*r,""r -. l. rrinco Dcrmision for puicigatioa in spociic rcscarctr, cx9crioreota-Ira. or publiciry *uviri€+ w j$ $ f ..; 8847 ucENsrNG OF TACTLmES FOlt CHILDITN "t5.t!600f, writtca prrrrisriol for t[c child lo parricipalc- io rcdviri6 oor ,Fr[_rorDd by^ rhc ccnrer ([xrmi;sion m,.gr inctr,tea6;;i;A;.; A;ii;;jt ."dtinrc5 of tbc cctieilyh ar|d ti si&-ial dicl nccdr _ Subp. 3. Conrrurrkrtion lrtrc.. ld.nts rnd cerc glvcr. Adrnislion polici.saruJ grroccdurcr nrrrst cnsuae inilial tnd cootroutng otmmuoicltion bctlvccn thetx,nity !rd rhc tacilitv ro arsrrrc rrrmprtit itir:iii-fiiii'i-ririj-r'Jp"Iiii,ti,y r..lhc (tlild's wrllarc. Sotislhclory conrpliance _ A. a- plan for admlssioo of Uc chitd that iftludcr a DrE dmissionconfcrcncc with parcnl and child; aod O. a plan for coorinuinc cnn tactr bctwrr[ thc pa1gs15 and thc ccntcr, pa(|)5.f5.0550, rubparl 2. Strtlrorl AdLoriarr MS t Zii.g,2 stv , 9545.M00 ST.{FF. . Subparl l. Orrlifi<.rtlons. Each {af pcrson murt bc app.Dprirkly ou.atiEddtb(ouBh rrarnirr. cxrxricnoc, and personJq6tiii;; &;;;; A; ir'"',ia1t, r.rrbaclgrouDd with wticb hc iorti Nore: For an crplerurioir ii rf[ rirn --crlfa dcveloprrxnr ua ir r ing cou-rsc - u:crt io rhis p".( ;;,filtilidiib. irril * ri r..., -ions iodicared for statf pcirions rctare siricrii rl'groui .r-,jiiiil ,iliiff- "",tdir nor imoly cni6<aririq by ltrc Sure DeporiilriJEd;;;;;. """""'' Rrason: The rclationship rrt a-cbild devclops wirb iorFrndlt adults arcconsidcrq.l ar viut for his ioorionil ,i-,iiy, liiiiriiiijt-iilliiiill'i .,ahrahh p6ycholqricrl Srowth. Sittirfactory coaUli!tur: ._,,^- ^i:D-i::91: (of a U proSraor) pcflotl or pc.root,EiDorsible foc admir is_lErIloll.-oI a paoSrarn trlun bavC admiriifrnlivc aod suDervircry erocrl.occ or :lqlblllty t 1talt i" knolrtedsc of prqrznr. sa,r rchriooJiit( ifi- Jii ..-otrcrilroor. Admrrustrator rvith lcactint dutics musr rko posrli rt c quiiincar.ions of a rcachcr- Tbc rtirccror strrtt bc-rrle'as'i8 i*- ;;;;;;; ir";'il b. allraturc rcrftoosiblc pcr$.r. D. Tcacber akcruativcr for qualiEcarion. Numtcrof Accrrdiacd Child Dcvcloporcnl Traiaing Cbursur or Hoorr #' T.irioing ( I ) PosBr6,.rdiry L\.'nilicaac in C'hild D!:rrluprrEnt Assisanr Training Progr:rm (mrnintunr of l08O hours) OR (?) (oo rcq0 irrmcnt) OR(l) UA or RS in ary ficld liom ao rc!-tEdi1.d.collcgc or uluYcr!ty Erpcricocc PLUS Ooe Ycar(1560 hours) A!iisunt Tcachcy'' PLUS two ycr6 (3 t20 hour!) as A.$sistcnl Teacher.. PLUS I coorsc o( l0 huur! PLUS J coig5r:t o( 90 houfs PLUS 6 councr cr I El, hourr (Mry bc irdudcd PLUS I rtrllllllll 95{5.06M I.ICENSING OF FAC'ILTTIIS rON CHILDREN 8848 si 8849 cducntioo OR (4) htfa!(-Toddler Only OR(4).\ dcgcc i! Chitd D<vclopolcnt or NursrlY Kin,jc4rncn Educatioo f(om un ro:rcditql collrge or uoivcrsity OR(i) Ccnifrr:rioo bv thc Strtc f)cpanorht of t:ducatir)o for Nuricry School OR (6) C(:mplirocc wir.h lhc campcraDcy levcl rcqurrcrncorr of Child DcvdootDenl Asro(ialc OR (7) In fnrrToddlsr Ooly (oo rrquirtmcot) ar part ofBA or BS dcgrcc) (oo (cguirrmcot) (no rcquiGmcnt) (no requicearcnt) PLUS PLUS 3 courses or 90 hourr OR (5) School-Agc Onty Oac year(120O (no reqrrirtmcnr) hours) in a rcLrlcJ 6cld (c.9., playground lcads(. tu(ol, iaude[t tEachiog, tEachcr's aidc)rt lofanr-Toddlcr Ooly - I 50 h,ours ofcrpcrielcr io an infrnt tod/of toddlerproSmnl. . D. 'fcachcrs and arsLllnt lllchcrs cnrploycd oo thc dlte of Dromulgr-tioq of lhca: st,rndords musl comply will ooc of rhj ahemarires ru r l-rril-rta r io nwllhan lhrce ycllf a0cr tlurl ddtc. E. Child €rE assi3tcrt (child ca.c aidc) for rll ogc grouging:: . ( l) Tbc_frrllowing.0lrcruativcs arc evailablc for qurlifrcation: higtrsctlool vo<auooid child qrrc truioing course, ororicDtati,on training corrrsc irr r[ccaotcr. (2) Thc child carr asinant tuosr bc !l lcast l5 y€a(s ofsgc- . F. Volunta(Ts for all agc groupiag: To bc countd io thc slrtr_lo_<bildrnho, voluoltrrs must: be aa lcasa I5 ycars of.gq paniclp{t in ao odcorariooto rh€ pNBrarr; p.rricip c in any irticwice rrii,iiig gvin ro poia flaO. Uy rt cccdl cr. . Subp.-1. Sblrt iitrin& Statrdcvctopolctrt rEioitrS for all reaolac adruirrsrri-tiec, lcaL'hing, rnd iup6rcrt scrvictr srelf membcr, iniluding voit lrlcrX arusr trcr psrt ofcycry sot4r's educrtiooal p.otrom. . Rcirioo: Propcr prepararioo etrd co[rtinuorrt traioi!8 ofrhc ]or.cl l]rtrpillbcttcr cDsurc tlcvclopmeol ald rnainrcnaria of h{hauaii:yday carc scrvics. Satislictory qrlrtplirnce: A. Eadr ccnrcr shall bc lEiDonsiblc for xo.tina oor r plan ri& qrch sraff-pc.so[ \rrth dircct tcadtiog n=grosibilirics or dircct nxpoosibility for rupervi-$r)n, oI rlul sutf. c.9., dircctor, for a minimuo of the cquiralcnt ol h*o Dc[c!, r - - _ - !.-4" I.irint cr! be-proyid-ed by iorliyidual ccntc.q a spoosrrint :iqM:,:9ormunlty toulf,cl' loc -school slsrco!, profersional groop4 cd\rc{uorvcrstlrcsr ot atcl vofatrooal schools- - C. All orhc( admi[i$rativG sttlf, voluotefi Dot Eunrcd io staff ratioc,aod tuppon-gaf, c.&, coolq but driycrs, urusr rciriri -an orienraio" ro rir6p(otram rnclutuog aDpmpriatc lierosing standrurls within Oc two wrrct: ofcnrploymrtrL . - Subg. 3, Queli8efircr of cthcr D.rrlxltrcl. All ps:oo[cl in rsgutar conracr:* g-ilj111t.b9"di4 voluoroer-,iir.h d.i;6.-!5iu-bc ;hy,iiiii, *inrrl:,, Io T#-rrl--pctdql ro corc for cbildrco ,end fre To scriot commun|, , I-ICE,I{SING OF FACILITIES FOR CITILDREN 9545.06(10 o( X) boucs Sir morihs (78O hourE) whb iEfant3 aod/or toddlcrs as a [ceoscd Fnorily Dry CarE . Providct ot a Group-Family Day Carc Providcr (Eo r€quirc@rtrt) (no rcqui.rmsnt) F lofrnt-Toddler Ooly - Ttrcc monrhs (4g0 hooB) of Gquircd crpcricrccmust be in rn b0rot aad/oi toddlcr prognrn.! &hool-Afe Onlv -Sir moorhs(6CO hour!) crpcricD{r h . Itsliral freld (c.t,phySround lcrde( ruror, srude-nt rc;tin8: t;;A#;;d.).-' - '-* C. Arsirtrot teachcc nlrcrualivcs for qualiGcation. Numbcr of Accrtditcd Child Dcvclopracnt Tnirios Erpcdcocc ISjIns cou.:es o( (l) PJtrr.cordrry PLUS (no rcquirerncnr)cqnincsre in C'hild DcYclopm"ot Asrisl.lot Tr-rrniog Protrr,n (stinioruo of 1080 hourst)R 12) (No.tqui.rmcor, Sir Eoottu(780 PLUSbau6archild J coorscsCrr! Alsirtart or(ChitdCartAidc) g0hours or StudcDt_ TcachcroR(3)T$argnof PUJS PLUSlcoac I 1.. I I - -f"; I I Thrce ycar! (4680 hoqrt) as I liccnsed Famitv Day Carc Providcr or G.oup Family Day Carc l,rovii.r (oo rcquiremcnr) v, ( : i I i d * sf q ia OR (E) School-A3c Only Ccnitcation bv $c Statc Dcpannrcnt of Fiucrt ion for Elgmcnrarv or Saaondfry Educariotr ' PLI.,S ir PLUS J cor-rrsts or X) hourr t I 865I LICENSING Otr IACILIITES FOR CHILDREN 95.15.0500 C. Pre.Sehool: ll monrhs lt ough 6vc ycarr. Slat[Rariot ooc to trn - -(iroupSrzc: no no(c th t ?OchildEn inan lclivity group, Stalf l)rsrril.rutioru <,nc kachcr fo(cvcry cO chilctti. - ' + orc tratrff or rssirtaot tcaGhcr for cYcry groop, + child co(! tssiruots add yolonterr3 os nccdcd to mer staf rnaio. Nolq Thcra sh{.[ be ro morc thao ten 2-U2 yc.r old! io aDy actiyiry t.oupof 20 childrc&D. ScboolAgc: sir yqars th(ough 12 rea.!,statl Xatto: qDe to I l- _ -.Group Sizc: no rDorE thal 30 chiltlrca in en activity groop.Sln0 Disrril)ution: ooe rcachcr foc cvcry 60 chil,frl --'' + onc Erchcr or sssisaaot acachcr fo( cvcry grotlp, + child carc assisran8 and yoluntcfig as lcedcd to mcct sta.6ratio. Subp. 5. Perro-nacl lolktcr. Each cr]!1er v/ilt ororc ah![ otrc staf, mcobcrmusr. str prrwrnncl policies..cblin8 !o hcJkh, wotfing coodiriL;, -in.rcrvicc lL1,l]-,-9,_?--P.!!o.n lrcno(t cvrluaiio,r, sicl teavc, vrcrrioo, benc6rr. anrt rahryrrrcrcnr.nt5, l,oltcles shnll coDply with appmpriafc qatc aod fedcr.ri laws. . Reason: lt is imponaot $!t lhcrc bc r clflr u[dc6undio8 belwccn admin is-trarior aod.srdf llror rbc wo(k siru.adon a.d rhtri;;;its,r-iiii" ii -U""rn ,r,"admioiirr.rtion and thc rtrll mcmber. . Satisfactory cornplialoe: Each Ccrrtrf Bia.h mo.l thar Ooc sl!f mcmbcr ]!us]oave r woltEn flitcmcnt ofDeEolocl policics, Thir stafcolc[t shaU ircludc: A. polici6 in acoordrne with fair cmployrnctt hwc a.Dd rcgularioos; B. job drscriprion for oll raf; C. dcrcriprioo olprobaliolr pcriod aod Erclhod of sratrcvrlu ior; D. a dcarty def_oed il<crvicc rraioiag progr,roq and _ E triiciB o[ furing, 6rinS, prornorioct, and $lary incrsmEnlr. . S!bp. 6. Sarlf tuaio deriug o.ps.Iq ccntc.s provid iog ilolp c.rrc of firu r to 6ycnourl or tno.c, slrllratros spccificd in subpart .l sbcu-bc maintarnd unril lhccnflurcn arc sclrtLyl lo. rlcrp. Whilc chltdrcn arc slccprng a mirrimum nrrnrtrcrol Jq\rlls must rErEam Jwakc and aerilablc to thc childrcn thruughour (,^\ slccppcriod- Satirfacrory complia-oe: A. onc adul! for cyery four rlccpihg inlhotr but no fcpcr (harr two adultsfor thc eqtcc B. orrc artult for cvcry tco slcsping toddlcn hut no ll.wcr tltan two cduttrlor tlls crolcr: . - C.,onc adult for cvcry 20 stccpiog g.cschoolcrr bul oo fcwt. tharl hvordr ls lor thc cr'ntcr: and - _D- on€ adult forcycry 25 deaping lchoot age chilircn but no f!.1rrr tbrntwo adults lb( ihc u:nlcr_ .. Sobp. 7. Sobiitrtc str.ff. Ttrc dircctua shall Drakc rallgcmcrrs ia rdvalrccl-or sub6tilulc rlrfr- SLtlaory Arthodtt': MS t 215.E02 abd I (,-,t"s # I i I I a ! I i I l,l Li ,si .arl .E&l a\ +' i,'t n tftr# :ds jr F .U, .+ rb, :is; 95J5.O5OO I.ICT.NSING OrJ I'AC'ILMES FOE CHIIDREN SEJO S.tisl!ctory complirnce: A. Rcfcrcne: murt be equircrl by thc dirwtoc &om all child caE rt tr,Elrting to rhcrr.brlrty ro c.r.D tbr youne cilildrcn. .,---, ...9:, P!", to cntpft)], rcnl th) paid enlpbycc mosa suboria a srateoreotrtnco oy lrrs rource ol nEdical crru oftl bri.d on aihorough cxaorination wirhiothrrc rnonr.lr. Srrrlm.nts murr bc submirred i;",r'ii; yail;;;:;i;;;: ' . C. All slr|fnlsl sulrnrit cvidcqcc o( frccrjom from tulcrcukrsis hrforennploymeor aud anrurlly. -.._,_, ? .{ prub.rroD pcriod muu bc s€t for acw cmploycct, duriq which Pnyslqr!'.m!.o I tt, alld cmorronal comF.tene to carc for Childrto is evrtue-tcd aodorrusscd l}rth thc croploycc by lhc cmployer. - E- Employcca wrth conrnrunicablc dacase pcscotiog an imoorunt tlealthhrzr.d to rhc Aroug shall trc crc,lutl:d. . F. No prrson shxll b(, hircd or relaircd as i !tn-f orcn ir, paid otYolunlccr, who h.csi I l) b(tn cooyicrcd ofor adf!irtcd to or b€cn thc rubjed ofsuh6ran_lial cvidcocc ofr! rcl ofchrld brrrerioe, cbitd iU"s., "i itiili ;oi,;iios,' (2). usod dcohol oralrugr iuch th.rt ias eltccts arc app"..ni dnriojtlrtrog hou6 thal childrco arc in crrci or(ll brcn cooricled tbr or adrnill€d ro any felooy o( an, ofcacuvoavlnt rqoral turpiludc. .- Subp. 4- IirrII ruio. Sralf rario must bc mcl atd mainrsincd by opcratocs ofill.pr.ogn-s appropriltc disributior "r sutr st rti iriirJ" i ih,i-iEr us,indilid.l'!. with c{rmp.rcnccs o[ a tcacher. urrisru"r iii"l.., a"a""t]if, car"rsJrsrcol. .votunEcni undcr sup-rvirion m,cy bc count€d in thc rlrlf cnrio. Th.5r.3f In€mbc. nrust hc wrrh lhc chiklrdl ro h: incluJcd iq rlr sr.rlf-toclila nfio-Whcrc tbsc rrc chrldrcn of dilfcrtor ag.s in the ra-" iio"j. tfi"--iro i* rr- Joung..t r-g€ group ihrll prcvai.l. Janilo6 ao{l bru (lrivgrs dilrll not b€ couDtcdut tDc sLrfl Gttro whst psr{brmind thcre duri,x. Rason: The.lrlmiDtll€ring agency must cnsurc lhat cagcblc srrJf io ttrurr.nmmc'ailcd rrllo $ alway! pftBrlr and is clp.iblc of providing for health rndtarcry ot cacn cbrtd .od thtr cach m€rlber of lb!, slalI has a cl.rri uodcrvaodiagollis msponribility as crp lai ncd in or ic nrar ion seiliooian-.t-proriUl.i -ri rre.Io(rr- Satisfacro.y codlplianccrrt. lnfantr: tix urcclt lh!(xllh It monlhr Stalf Rtrio: onc to four. _ _Grourp Sizc: no morc tbao cight in ao actiyity group. S3r[ Drrtributiot ooc urchcr ft-rr cvery I 6t'btld irn+ onc lcoclrcr or asyistont acacher for cvcry B.oup,+ child clrc assist nr! ond voluatcers itr nceded to mcet st3trratio.B. Trd,tlsr} l6 rhonths throuSh IJ mootbi. StJll RJltu: onc lo scvco_ _ _Croup.Size no nxrrc rh;ro 14childrrn io an activity g.oup. Stof Ditt rit u tion: ooe rcrchcr lbr cvcry 2E chjldrci, + ooc tcacbsr o. assistant tcachcr for cvcry gruup, + child carc asrislrlts aod volurtcert a5 Bcgdcd !o mccl suf ralio- HH " 0 :, (. 0 I t: r !: I 8E53 I,JCENSING OF TACIUTIES FOR CHILDREN 95I5.O6TE A. daily arrcttdatl<c tEoo.dj for child.cni B. current saatr records conuioing..ar a. oinimuro, ideotil.yint lnd lm.c.Sency inforrnrrion beatrh dcaranccs, ia;.li;;';;;;;:";:ti.i'1,"r."",lraurin!" aod tdntrs of cruploymcnt: 9545.05f:fim;Tord lbreact child co'!ta'oing inforur0tioq spc'cirrcd io pan D. lisr o[ dll cr(rrlla rta-6 ocnbcrE, E. lisr ofevaileblc rubnirurc ildt rnd ticn. lj. sLrlfinB patrqr rhowing sratf<o<hild ratior durinE hours of opcra- Subp. 5, Transportedon o( d d(s!. Wbcu uatlsoodalioo is providcd by agroup day-carc ccntcr, drildleo must be protect€d iry p..p"av lip"ralL ""amainlaioed vchiclcs, udcquarc *atftuptrvrslo[,-hccnrc{.|dnveas, ialcry Dru:au.rruru,.0od D(ovrrion for ti_.bitiry insuriacr ana'roria.-{u;i;';;aili;r"L. t!,Fliffi ,triliffi L'iffi)f,+"ffi iH#iL:[+H:,trcoosidL.nd in lhe dcyctoFurnt of pmrocrivq f.ry, oo'r.artiioiro'iioo* io u,,,r,srnrcs".For rlrc childrcn,s iat'ery, ir irp{ovlrgo: appropm* ,o *. *. on'r'frfii3f-Hl"Tfi::rl,tl:llc nrdi]ioul Satisticrory compliaoce ..1, Vuhick Dutt bavc st ndaid.q.uipmcnt aad bc in satishctory oper-eung (.ordilioo. Each vchiclc must hav. . h,i "rtiig,rio.i "-r.,i-""rituiii r,,.B. All drivers murt orccr ftquiftmcrtts for i t tinn"_u O"1ro.ir-"n, ofPublic SJfcty Cfust C drivqfr liccns., pcrmt[rng transp.rnation of Diqc or lqrrerchildrcn. (tnform rion i5 traiLrbte f;;m rG D;;;; Li"Jr""i]iJi"lol', "n*p""_ Drcoa of Public Safcty, Saint paul Miolcsora.) . .c. lf i faoti or toddlst arc tr&iponed, thca! oust bc r mininlum ofonc.dutl for cveq, 6vc iofa.ors etrd ro. lt"i"., - ioa-irri"-r-. ih" ,rrfi[;:"'I). Tberc musr bc .rr lcirl 6ng t.trrla in addirion ro t. ariri. lo "r..ywhidc if 6vc or morr ctrildrcn afc bciot tnosponed. . -. li. frch cbitd lraosponcd sbal hrve lDd uc a s.!t and a scst b<l( ,rrh ilcthe vcbjctc is iq molion_ Infans stull hc rransp"-nJ ffi;fi "',r;il,ti.irr ruo,salcty !.at$ roddlcrs i-o toddlcf !cat!, ---- -- f'!nqqto and sponsoriog grorps mu.sr bG protcctcd by lbbitirv ins,r-aocc. errd proytslotls ta{ adquatr mcdical carc musi bc ;r.t ' '---", ' ^ . . G. A prcschool child ort lorrdlcr may loa be IclI uDnendnt irt rhc rinlcotpictup o( detiycry. H. ExeD( in unuturt cirE-utrrruDct . ctrildaco ltr oot to bc traDrportcdnlorc lh.n onc hour [xr ldp. i-.r *"l.o|:,,fifr-qro ltrEr prr$rr' iactudiDg thc drivcr, shal ooqupy lhc lrrbp. 6. Vlrr r. busr!. Salirfactory compliancr for vnnr or buxr:A, Vchrder tDust hayc 3r.ardn.d cquipmat aoa tc in sorirfr.io.v .rf,cr-arug. corditio!. Each whidc musr h",. "-ri"J oGfr-iir,-.i '"'iililllil u,. p,I,i.s.Bf ..itrcHJ'B',i[,1'1,H,.ffi lfi l]ff.r3;.*$r*"T:,t:$l,ststH',fjqs#H.rftm*mmls,ltl*lrmiuil'":tu Hl:s'1?:*E*,:n"'rH:f; lH#,HI?ffii[*,ixr[trum Drivrc Lican$ Divisioo, Dcparunini ;idtli;ii:;;, !',ii;i;ilJi.ifi1"r".tota.l $ l+lsi 99, ^ 9I.5.O610 I.ICENSING Or FACILITNES FOf,' CTITLDREN EE52 95{5,O6IO ORCA1YIZA'I'!()N l,ND ADMINISTR,ATION. . Subpirr- l..lyrir?cr pJitier. A S,rolrp day_carc prDAram lhall bavc writtlo $:,fl fi $,;1ii,t,.H,sm*Ht6fr ffi i:fi ;il##.f,iiL"'",r" -","*ffi"Lff.ri1';hal policrcs 'od pruccducs f'cilita.c coorisrcacv and pro- ._- sari.sl'acrory conrpli:r'cc T,crc shrlr bc wdncn poricicr covcriog the folrow-rn8.rralt A. ahc lyp€ of prugram oilrcd to shildrcl aod lhcir sarcnrs:ll. rbc ag:s anrt nuorbcn of ctrild."o i" "*b;g" ;;;;r""t *rr.+C. hours of opcr.rtion; D. dEys of <4crarioni E. nrcals and sn:rchr to bc scrved; F. provisonr rhat cao bc Eradc for spccial aecds ofindividua.l childrcrr;C. admissioo rcquircorcaB anJ eoroffrn "t p_Jrro,'--*'- H. rfrmratiyc action plao; l. plao for porcor i[foroltion; ,. Dlao lbr iuboriruh 5hf;K insumlcc covrragq L. procedurc: for rhc tandting ofsick childrcn; )1. proyisroot [o. ilhest and cmcrycncJ cars, N. .ccidcnt prevcntion pracdureq O. nrluirtntcnrs about prrsoul hdondngl broqht to thc c4oterr. arln!porutlon arrangcnlcntsi Q. pt rDirsion for lrips: R pcnonncl policicr; and S" t'Ect esd ltc pla[ for piyurrtL SuUp. L Lcael n:slornilrilit rrd rtyaoaa j,mnisi[i,i;;ffi -,;;'a,f,JHi1ix:Rii#":*.1;"il#ffi#,x llcrltty. S irfu clory complin oca:.\ Ttc o.orc. arfilrcrr enrl relephonc rumbcr o[ ttrc individual orlovcrninB body tcgatty rcrs:nsibie for rIc cinr.r irr.ir'iii *p.-prilirJii"'rii*i"gaScrL . B. Tbc lc&Xy rcspoosiblc individual or Broup ,hall bc beld a€outrableloc (l) dctcnnining trd implcrDcntiDg polici6: (2) lhc pc.fofloancc of thc directoi ofthE pmgrarn;(l) adquatc 6oanciug to carry oui thc olanocd orc,erirm: ..od (4) lhc rdhcrr..rrcc ro rU .ulcr rhar atrccl rhc p-go- o;J iii" f""iti,y; -. - (l) rcooning rtry tGpcctcd instelccs ofchild abusc or tresl€r.)uDp. J. Acckteit.rDon. Wilhin 48 hourr {fIt'r tfic occurrcncc ofan-u nusuat.ccrdEnr, flch .! rhc dcrrh <r( t ri,rul irrury ore a,iro. i iipiriiliir'i*.'iiriiiil,".r!o uc d(Frnrrcnl. A r.rious iaiury "i,"ri u" oiiniJrs'.-.llii,ii'li,il.ir,r,"hoiprtalirarion of rhc chitd r're,inn snan .qr" tlc. *iriidli-'tirili,li,:g u"rrccurrcncc of e 6rc rhar nquircs rhc **io, ;a["-;r;;";;;;";i:'"""' *,!".1";l;,1::.if ;*,'"fi?"t1ff;f,ffiflr1:t ariiri+-iia maiorain .-_ Srtist'acto.y co,rrpliaact: 't'hc fouowing sh.au bc madc avrilt. to ,t " ti*o*rlt Jtcar ltltltlll r r r r r r r I I, I .J F*. 8855 LICENSING OF FActLITtES FOf, CIITLDREN 9.15.0630 ".,,T"tE;li,ltl,xlT*{ i*T':fffi t6}".rJiff H :j;::}ra,,.,i-oecd chird StrtEtory Aqtlrodlyi MS r 2.15.g02 ,uM t eTilf3illiilgi,*"r$'JillmliTD suPPL[:s rN rArc]r KE y rRG Quality of c(luipnrurrl is to incrcentcr. re{sc io propnnion to liccnsql capacity of rrovisiooat licl'ic " (Y'lif ii"Yi** cquipment and ^ u s * $ : 7t* $, ft: FurDiaurc;l. Sumsicnr rabl6lnd chair3wllh backs (childrcn.s) (one charr tx:rcbild; no lblding cnal(s),2. Firrt-aid kir3. Cot rvltfi btaokrt (iI childt-.t. (ltlsiI5 wirh bacli(for sratf)-). I-ow opqD thelvcs aod bmtcasr:s(onc loot Dcr cbildl.6. Space/cquipme[tlbrrt|.lintcnancc ol childltn's rEcord37, Individual space f.riourcrclolhtn*.E. Aaca (ug or carDct-9. &luipmcoa foai chikl'r privatc nldc-aw-:ly corncr c.g.. pillow, coycrcd maat rcsq bedsprEird, l. Four picccrofa va.iety ofrrcrEatlon spons eq uipmcot. tor srarnF{e crluipmcnt for vol.lcy ball.p,nB !ong, haskrtball, rrbstaclc couric, (op,c climbiog tumbtinE-cltmhcf bxlls trampolirc l. Fout pirTcs ofa varicty ofrccrcatioo-nnd tFrns cquipmcnL toa ci.lmplc: stlnd.(cl hcirvy cluty plirysrou,rdcqupmcnt batk lnd bntr skxlct - rJllc. rad i(! slcdr. tobo8gans t. l,holorrrDh2. Re<xrrdt - it lasr rcaJ. Malcri li tbrcratir _ rr tcasr Su t)pcc - C.g., tilc. I.x).t, Clayr frapcr machc. Dainllcathe., foam, bq.[s. shc_lti padcr .lm for rbarnatic play oppo(unirict rllpplies) Six Pioccr Roconls - a( lc{st 15 [rrtc.i:rrl - ol llrst 8 ryF'i .* Us Activc, h rgr-.m usclcplar (lbr indooE) Afliw, la rgc- mrsctcplry: (fo. outrltxJ15) An and music ac!ivitics: Dnnratic ltl-'f--l-{-Jtr ttttl i9CJ5.O5IO LICENSTNG Or FACILTTTf,S FOR CEILDREN tE54 D. lf infanu or toddLr3 iorre rrlutr ror-cv.iy'il'r;H,!'.",,,1i]iffijl"ii*m"Trt5:roinimum of "",,,.,.,h'Il"i".llf '*Ti'llT.:ffi ltyr't'i".J,.il;;i"illT.,"*"o .uy,r*o';f,l'li$,ii1r3:i:'1,fff.T1" w.lr scrt bclts wbco r.bc vrhicrc is st* rv's., r-t, io"Jicri ii'iiirlii.i'i*f trarupotud io spccial approvcd infani G. .{ prr:chool chiII or rrprcriug o( dchvcry. nldl{ 'Dry oo1 bc lcal uaalrcadad al tinlc ot I L E\crpl i[ unusual circrrnorc than onc h5,ri._-__- rul{rnrst c.r, childrto arc nqt to br trr[lponad f..", *.l'.I"t"f ?[,[!;1 th'o ott"o'o iocluding rhc drivcr, shatt occupy the J. Childto ard ,Do.rsorinr orn,,* --., r.-a,." .na-n -o-'iJool ?;:-jfiff[["%i:i"J:l'lo*,0f; ,#fl .or,rbirirv insq- "";i:i?#'ffi ':'#'^'"";ff i"':milHTJif#1ffi l[,i",iirT; lr*,0*t?ti,",# lirbilitv covcnge for bodilv injury (3loo'mo pc. pcrsoq*t.5*Hlffiglirr.m Sa.rorory AnrlEriqE LtS ! 2lj.M2 $M I lY?s193['#il,ilf i#,ffi H.'nT#["#,,,?ED'rcAroNAl- r..",ttYi:,!X;'[1ffi?.f,fr* Xll,Xtff lr*l,ll"*,,sr be ob,ainqr Rcc-soo: Ccntrr are eoca{rr.ue soup of ,,o'Dar chii*", ;lliil,:i rd*,ili:ffi iijils,,ff irJdl',,,f#i,it" " ,*1..i\ipiffi ?rrsi*r;fr i*iilH:r#J*;':;,.J:.lir;n Subp. 2. CoEs.lt.rioo n rrr. .rat: Tbc srD{lp day{a.E G€rrcr stEll obuinrhc assis.arcc of a q ur ti ttod coosul raor pri o. 16 , ri[ "r.1, Gi"-.i-iii."ifrli,-* Sotrrfactory compliancc d.,.-,in;l,Ib:rmt;'"#Alffi 'ffiT,"fi ff""lHfH,tftffi fi iffcrppcd chrld Thcsc D.ogrim modifia B. Addi.ional irrtrar rccocorDendcd b, rhc cor_ita]ri.fra,,i't .iJ.ir"o,". ,i.ll b" .:..[f#",, cquiprncor aorl nrppra o, ,".o_rr"ri",lii,i" "".iiiu.r,D. Troiaiogofuadu rc(!mTlr{.bl ric conruttaol riall be rlr.lngcd. o,,1. :"*{f"',ni,J",f$#""3}i'fl[fit i""-'u"ri * "r" *1"'"'.1"a""r Subp. l. ta.(orletion .hooi l'n tiamrd .l;&&rr. prior to rhe arjmssion oI HXllXl':r,ff .rfr #rf 1ffi*"31."1cc.mcrurauorf, io-inio,iiiiilii.- mCi'sjffi,s#ff"sHr#xn:Hhffim Six lricrlt ll, ry Phy: Pondcr Plala Erp.ad.Hc qlpOlicst Finc<notor dcvcloprl€na tra3tugc drvclopmcnt: Food grvie r{rDfli6: cquipgcd wirh: Macda.b fo( cmking snd woorlworlrin g. Morcrialt for tbcatrc ans, costumto$ puppcl5 aod durablcmIror. Marcrials a.td cquiprDcol for opportuniaies lo: rca4 plry 8amct, crxt, iarr. trocrirDearl BmLt - onc ocr c.hil ri_ Gamcs - orrc pcr t*q childrco- Puzzlcs - onc pcrchild. Sclcncc itcmt . ooq Der cvclylourchildrcr, forcramplq' ntatrlel magni&ioi Slaq scicncc$r, p{Jnlr. C'by rrd Dhydourb TcmJxra aod 6oger pnints (noo.toric) Pr?cr (colo(cJ arrd v/hilc) Pastc (noo-toric) Scrapr - colocc tiarcriab Paiqt brushcr CrayoDr Blunt scissort Aprons o( st|roEll Mroip0lalivc toys - ooc Dercrcry ter'o cbild.Eoi c.&, E Eclor sc1, tJDcoln log$ Tinksrloys, txss l.Dd pcB b@rdr, i tcrlo<kinB pllstic lonn+ buildrna bricts PidurEs Bullc(in borrd Fhnllcl bo{rd ttld llao.ocl slt Dishc+ silvcrvrarr aod ctor fot tla4ls and./or roealr ' . Sruorory AEah{ityt .VS s 215.502 tuM I , l1a!.s{o nflNlMUM EQUtpMfnT_tND slrppL[Es FOR pnEsc[fi)LPlocrArvls (FoB ErEiy I Crl[,Dnr:.li - - -Qurouty of cqurpotcot it to irrcrt{sr: in prcponioo to liccorql capacily oft c iry.Proviri,oaelUrxa.c RBularLiceasc progr...nsOprratiot(addiriona.l Ltrr Than fLvrcquipment H.Irrs (cxccgtioor rnd rupplii-'s) pcmrittld) - FumiturE l. SufEicnt llblc. 2- Mart iDstcedrnd sbair wirh blcls ofcos' -- for children (orc chdr rcr cluld - !o folding chairs) 2. OEc cot pcr liccoscd capociryl. Firsr-oid tir {. Cot with blnrkca (f<rr ill child) 5. C[airs with bocts (fo( 5(alf) 6. lrrf opcn rhclvcr and boo&cascs {onc foor pcr chald) 7. Spsccr'sqr i prtreat lor maiottnancr: of cbild(tn't rccords 8. kxlividual rp.c/:r for outgr clorhinS 9. Arca rug orcaecting Aclivc, l-lrgq.qrusclc Play: (for ildoors) l. large building l. Du-rablc larrcbuildinrblEt! (may bc of blocls - at leisr 48ooldumblc uErrrial) pcrcvery 20 childrso - $ lc$r 24 LThrec picrcr of 2, Two picccr of duroblc largc-mag.le dunblc Lrgc-m$crc cqurpmror parevcry cqurp.rrcnt p<revcry 20childrcn 20 childrcn srch !-*qlimbcr .ocki,!g boat trianglc sca luonel c.Jlkiot Dl.rnk Activc, Lae6{,ru$k Play: (for iodoors)l. Two pi,xcs of l. Th.cc piccrs of dutablc largc-orosc-lc {urable:largc-murlc cquipmcnt such asl cqurpmcnr(timber twinB rtidc t?ndbor la(8,c vh.cl toyr An arld Muiic .{ctiviti6: l. Phorrograpb t, Double carch - ooo 2. Rcc$ds - rt foreach I 5 chitrtrcn - lc_ast 3ir 4. Rhythrt b(ltrd 3. Ooc doubl€ cl|El 2. Rc;ordr - lcasa tcoDrillr,llic Phy: l, Small blq;ts (at 2. Six srnell durabtc - leosr 200 DiEes) utorporlatiol toy!!- Tbrtc snull durable psrcicry 20 chiirircolfir,qx[tallon ]oys for bloct r]taper cvcry 20 ciildJtrt J. Al lcasl two - for blfik orcc enas foi iportencour 3. OnG rponrancour aruurric itiiirctr -- cr&mallc ptay iucr harint irt lflst rhrccwirh at lcest lwo pie.qiicquipmcni ptccct or DcrBraacot a. Al lcorl ooc 6 l 9'I5.O6J{' LTCENSING OP I..{CILTTIES NOR CHILDREN 6r .$ * $., ? * 8EJ 7 LICENSINC OI FACILIIES FOR CHII.DNEN 9315.06{68t6 2. 2. l. 4. 5. L !. 4. 5. 6. 1. s. 9. l. Books- tr D per child Gaolt5 - oflc pcr drild I 1 4 ,,. 1ttttlllt r I I I I I I I t, tt I I aqulpll,cot: prclcIal lrre{ rvort l)tnct (wood$O(t rnd lools) h.rur:Iteprr4 are4 c.9., dotl t_Ld, !lovc, srnk, rcfrigcr.lto.. (uph,oard, ctc. .1. i\ cc< !son(5: dolls, dirlrci, port and paals Pond.jr PlrY: l. Brnks -bnc pcr crcry chrld 2. Puz:lcr - one pcr c./cc, forr childrco 3. Cognitive ganx's - otc txa cvcry lbur chthlrc-o: c.&. nJmb{( cooccptt l..t lct gonrxptt rlapc oot*-cpu lrrc coocgpt5 Color concap(t ErDcndablc SuDolics: l. Chyor playdo!ytr 2. Tcmpcre or 6c.3ct FIntt (nonloxtc) 3. Prptr (colorc{, ind whitel{. Pt!Ic (nonl.Jxic) 5. Scratr - cclLr*c matgnals 6. Pfrnt brust*a 7, Crayons E. Bl'toa icisso.s 9. lpront - rmocls Fioc.motor I)cvcloDmcnr l. !l3ripulidvr loys - ullc pct eyery four cbildrsn; c.&. ptgs rnd pcg,lroardi. bq.rdr and strirg!, iotc. loclioE Dlattic forrILr 2, Saod o( r'ctcr pLry (\lutpmclrl l.ln gurtc Devcluprrrcn t:l. Prclu]l , 2. Bullc(in bos.(tr 3. Flaoncl board aod ilJon(l'.:tt Fcod Scrl icc Supplies l. Drsbcs. rilvcrwur, ud cuDr. if at(alir'l to bc teftcd lBnSlh mirrqr ,. Dress-up do6e3 l. Two per cvcry child 2. Onc pr( cvcry rlro (hildrcn 2a- Purzlq rack !r Ooc ;rcr cvery rwo cfuldrcn a. S€icnc€ iterrrs; c.g, maBncl, rDaEniirioE gla$, pclt. plaols L One per evcry thret childrcrr Fuoriturc I SulEcient inlant-3izr\d tablcs rnd cbairs with bac&i fo( iolbrB able to dt alooc Onc chair pcr infaot; no foldinS ch.lirs Onc crib wilh manrcSs and blankct pcr infant in ancodiacc Tcn-oait lirsl-.id lir Crib with oratrrcss lnd hlankst for ill infanr Chairr with backs (for !taff) l.ow opcn rhclvcr and bootcrsc! (onc foot oer child) Spacc and cquiprncnt for nrainlcoa[cc of childrcn'r rccords Adult ruckcr Iodividual soacc for oulcr clolhiog Hi:h drairr lnlidl r.aB Daby w-nlksE Bathing rub Chrogng rable wirh ctan6r..ab le covcrinS Diapcr pail wirh linr:n Arca (ug oa carFtilg PLay pcat Gatcs ar ncqlcd tbr Jalbty Samc a5 funriturc f.r pa6cltool p.(Brnm plus: 2 3. 4. o- t. 2. L 4. 2. Traioing chair! 13. t4. BathinB lub CbrDglnA table 1v h ctulgcrbls cirvcnng Diapcr plit wirh Uoers ) 6. 7. 8. 9. l5 1t. *r 16. 17. t8. Activc ll rgc-or u scle plr),: Larg. building bloctr (!rny bc of noDducrblc mat-Griall - ar least 20 Fivc picccr ofdur.rblc h€e.mus.lc rquiporcnl fo( cvcry 20 iol'ants ruch rs Brby bouoorr krgc rurniDB bollt Body whctlr 18. Gatci as ocedcd for srt'cry Slroc ar pn5.horrl prcgruDs Fivc picccs of dunhlc, Lrryc-mt.t.sclc cquigmcoa for cvcry 20 toddlcrs, iuch :15: T'r.o-rrcp didc Rocling boai ladoorgyur 7 i1t& Srr&aor, .t rrho.itlr -yS t 215.A02 tuM t ..1 9TI5.O6JO I.ICENSTNG Or FACILITTES NOT CIIIIJ'REN 8E'9 LICEI.ISTNG OP FACIITTIES FOR CIIILDREN 9545.0650 !18.q6,s9 Mtr.{rMUM f,QUlpMENr AND SUprDLrfs FoR rNFAr\rT A.\iDTODDT.ER i'ROCRA TS (FOR l;\rERy 20 |NFANTS AnD i-O6nr'URSi. - ..Qqnrity of cquip.rtc^t ir to inqcarc in proponiol to liccni€d capaciry offacili ty. IrL[aDl Pro,gramr Toddler l]rogmnrr 88J8 s"i 4+ .+*8l*r.. ! I i I I l. 1 t. 4. t. 2. 3. {. J. I I I Art lnd music act r Y iti.r: Riding tamlc la1[r: opco plastic ballNalc.{lay rquipmcoa I'honograph RNords - ar lcast lir i'l uiical gull-toyr R:r(l<t Drum (without sticLs) M rlhio5 llnd fcelingloy' - onc pcrevcry two chtLlrcn. auch 11: plasricclurch to),s lornl loyS ra tdas pull royt feeliog brrlk l'lirnipul!livc toy3 - oncp.r cvqy two childrEo 5uch a-* icsthin8 toyr 'roqLn.auhs shapc toys clutch hJIls Pictu16 Bultctio bGrd3 8860 hour Somc ar prcschool rrrotr,rrni 9545.06$ LICT]\SING OF FACTIITTES rON CHILDEEN 886I LICITNSING OP FACTLITTES rOR CHIT.DREN 9545,05,0 I PAR Et{I'(S) OR GUARDIAN Datc of last p[]sical curoilrriior; llow loog hlvc you lEcn tecing rhir child? llow frequcn(ly do you tec Uiis child whcn hc is not iln Doca rttis-child havq any allc.Bics (inctudiog allcrgics to mcdicationr)? Is a orodiicd dict orcrlsary? ls.any. cond itioo prEsent thaf miEht rctult itr an crocrgcocy?What is lhc strtus ofthc cbild'3 -Vsion . Hcariog ,Pt=f, !i!! b!lo-:*iorpotuot hc.hh prour"ors. roaic.?f;filu o. --"on" 3ts rouorvrDg urc chttd tot lhc p(oblrm and check which problcoE rtquirr specialaltcnlion rl lhc cEnlcc I?::i,ilHo,"'," 5;'*f fflHIf*:L?'* ff,:Hr"lrd,(Emc) Ceotsr Immuniz4tions end Tubsrrulh Tclr Rccords: 'D(P)T lstd.ac .poliom),etiris lst darcr 2nd dlc . i;,r-Ai.' frddarc . t;Ji;i.'Booracrdar tBoootcrd!rc 'Rubclh drtc Mumgr datc 'Rubclh drtc .Roquircd TubcrculiD T6t it $s et Fine motor &YClopmcol: te ryuagc l. dcvclop(trcoc 2- Lincnr and supplicr: 10. Rubbcr - bulb c.r ryringc wirh blunt plrrtic or rubbcr ripg&rtr, Axhrii,,: ,lfy t 2f'.BOZ suv I tt{la6o HE ALTTI C.Tf,E SUMNIAAY.foE complc,tcd by hcalth carc Jounuc Sanrc as prt*hool progrJnls b Saruc ar pns,cbool prqrlalns Wa:h cla-hs Diorxrs Covc.lr) for ch3oging hblc F{cld isues Soop Pcrrohurrjclly rrr blaod dir6r-msh otartruuol BirA Drte Tclepbonc I L!. ,t. 5. 6. 7. 8. 9. datc rcsultslf oositivc, erh rr! fhc platrs for trcauocnr aod,/or follor+-op? A-re rhc immunizations ulFto.datc? l[ not, vhat ir rbc plan to btiog lhcm u&io-d!ac., orhur information helpfu !o lhc B(oupatar-* -o,Suro rf hcalb carE .{ssocirtcs or c.lilic .{ddrcis Dalo Sarb3ory A.rhoritt: LIS t 245.802 sub.l I 9&rl.0670 DATLY IO()D GUIDE. t-rxds S.'rviogr Pcr Day AYct-oEc Sizc Scrving 8y Agc. 3to6 5ro9ycarr yqrnr MILKCROUP N AMEOFCII Milk ( pasturizcd" homogcoizcd, ood fa.titidd Vitamio D)ADDR,ESS I I cup I'. ILD 2ro, t€rvlogr Same{! pr€guhool PrognE|r I II i I 11 For cach crib: bumpers. shEts (colloo, plLrs tubbcr aod./o. pll!'ttc). Uan kcrs Bath to$ds Wash clolh. l)irpr13Gr.r(, lo..t oginS Stcrilc cotklo hdll! Fncid lirsucs Socp Pflrol!.rrm lclly or blrnrl diaper-rash ornt!Dcol. L 4. 5. 7. 8. 9- ttt lr2 to I c-up I lro3 !'!;ars U2 ro I cup IlltllI 9ir5J)570 t tcENsINC Or p.toLIIrES non cHrIlrREN Ch€-!c and ioc crEam occasion c lly T(EAT GROUPSItcrl, poult.y, fuh Ar dl(LTnIr6 dri(d bcros or grral or I lo2 scrvlllgs 8863 LTCEiYSING OF FACILITIES FOR CII{ILDf,XN 9,5.0?80 95.15.0770 Appr.tc.{TroN FOR LICf,N.SE Subpan l. In lcncnl Pcrs.rn 1d€si.iot q liccasc or e cnct-al of ticctr ofriirlvfE shall apply lo rhc co'omissioncr of f,umao *."lol-ifrJii-,i'ilr,on", o,hrs dcaiso!'e rhalt dcrcrmioe rlrc 5gmrrrcncc_oi iu<t'ffijrii-ri"u-i.rilr*o ro,ll[fi:'iiffi ".|;ffi'foo il,l]:,iRxla-fr on; ana he ti ir,i a-,ii.il,irJLu",u.r *T:J: j'J Jtfl iimffi trffi :31,^tt"."?fl'E$:ffi ;i:'l;"",t*H;'.,","T -",:[ul .l,ilti,ffiI #H,f,l.r^f,"y:l;f, l,T,"""rffi "..,,:HIffi tr,,l:@mnlrssloncr a( lqst 90 davs bcfiprovr.lcd bv tbc Dcpanrncni of II",j:,Ilg$It :*ratc as an agerrcv' on fonnr -. ., lrb.p. l. Additiuod lntormotion. l,n addkion r0 rhc appliirtron. an .rs^l["tr*.rir#'Ct*#ll;mxl"#.ii#"tF$fr dtH?\ 1r;l,5ip,j-#$#.d"ffi_3$1ffi,ffi+.ffi ,#,,i'-ln[ m*"riii!.F+uirl.#fi,ff ffirigg;9";5611"9i9 111-t_.-TCur.9 agcncies to supply inlorutatron or to ltr.rlc rcpons ro hilrr aboula&cocy s€rvtcar alrd lhcir administrrtiorl . - --- Stakrlry .lrlhorlt, | _VS s Jli.g/,z suu. I Ilisrorrr L I9g4 c 6St sa S, jt 95..5.079) ORGANIZTTION AND IDMTNTSTIATION. "o.:;,r*ir r :ffi **, Tffi*,*ffl,ffi:i*#H,.[l$,arras lo bc served. tvhict childErscrvrcc, and thc ,pcsific ss-rvicrr tc *".:,',T;3[T1?Elitffi ll",1H;m"&;t;;',""iiiooio,r,. ,*,".k 3i ItrJ, lffi i?*B*trf TssYl Jil ffi fi * $i#,.:t, :h """:,:ili!f.iryi,*3iHi*ffi ?**!!,p;,";a,:*iff fl,,piff txi jy:rnd p.ovrdc propcr ca(e lbr childrco. I .9*;ffi il,ii'r,"iJir-*ljJ", r*,.r,arrurEd to cnrry rt lhrough thc hcsr ycar of opcrarion-S{lrp. i- .\.dall. AI financral accouttr ihall bc audilcd irt lc_ast onc! ! y<a(and lhc report made a part of agcncy .ccotds . , Srrbp. 6. QualilicatioGr ofpcrsoalr.(:L Thc cx6utivc or dircctor sball htvc hadtrarnios aod resn)rlsiure cxpciicncc in worl-it,h ;b;ij;;;iilil6liir,., ,,,aocmorBrrarcd etccutive abilirv- .. ,Thc c:lsr.wort srrpctviror sholl be r gnduatc of an .rccrcdit*l :ctrcol of ui:rlw-o,k r)r)uve su*c:t5riruy complclcd. rrv6 y..,' il il;i;i;-i;t]iioiiili,n. ,r," H,HH:i,H#,fr"fft:iI"'}ffi tr+p**"#H{:lif CarcrrorLcrs shall tx {a lcasl collcgc tradultcs- -.--)Vhgrc an accnw currctrrly liccoJcrt dods trol mcq tbcsc rcquiaurncntr, [ulurccna.Dgts rtr pcrsonncl sball c.oiform to Uec ttqu-iicriril;-'-'-"-'^'- SLtrtory Arrhority: LfS , 245.g02 st/M t 8862 I to3 I to3 tbsp. I 2ro{ ab6p.(l to 2 ourlccs co.rtcO 2to4 tlxp. I 4to6 tt sp.(2to, o!occs cootcd) 4to6 tLsp. I pcanut bult€r Egg Othcr fruir and vctctrblcr VEC ETAALE AND FRUTT GROt.rF [)Jak !,rcto vdretabl5 rnd dccp yctloc, vcgrtablcs and li.uirr for Vituuir A Frurt fo. Vitrmin C cllnlsr lonralo. cabbagc 4 or nroe servinSt .l screi!g 2 lbsp. 2to4 tho. 4 servingr U2.ol slice llr to Z3 cup ItT tot-t2 dicei l/2 cup cerEal to cup 2b1 rliccs ll1, .i.tpE:rvrllt Ervrngl l/410 l/! cup U4 cup cc.cll U2cup cerlrl l l 2 lf2 cng BREAD AND CEREAL GROUP Ertad aod ccrcal, trholc grsro or conchcd OTHER . Buttcr or ruargarinc As sprcad or .Sizr of rrviog wil oir"" ffilJilior"r chitdrED; tomamountt rdd tomc lener- :- -glbrpiyadtuiilt"-rryWr--al. - , _. . g rnay iyalll !,rnallsr PRTVA]f, CIflI.t}4AIIINC OI .PTACINC ACE"NCIES h 9'T5.lr'5O SCOPE AND PIJRPOcE. Pan! 9J4r.0750 to 954S.0810 s)vEm l.hc opcrarion ofrgencics cnSagql io, lid#ullo"lrii?.iiir*.elnmu_*.Jt*-l;".1,"fi #xt# St.rllrory ADrhG.ir)c tl' E 21j.SO2 fllu I 95.t5,l50 ACENCY DEnNmON. -, -ftqcy' g9aos.lry individurl, orSarrizotion, tsscixtion. or co.Doralior tll_Jttrli fo1. Bvur8 drrrclton ro, or providing ncerlerl scrvict or:rssuiancu ro :]llo1l1 tlrt porcrls rr Urcrr owo homcr and placing rlcnr in forirur cnic. tt :ry-!".! l1y socrat !crnce dcpanmcnt o[a clild<aring insrirutioo thal canicrInqra rClpOOSlDttttlct Or ttv6 ahc SAMGCT hqfcin dcscnbcd -qrbn,.nrtr AolloitF MS s 2lj.AO2 sM t I i. , ti f;a ltlllllt'tttttl tbsp- I l/4 tol/l cup t/4 orp tttt : , ,lrt uI=YlEloiy TO Er.|talry Septenber 21, f 988 CHANIIASSEN PLANNING COI.I}.{ISSION CEANITASSEN CITY COI'NCIL Dear Members of the Planalog Comlssion & City Councll: Instant Web, Unlted Malling and Vlctory Euvelope are anxlous to move fomard and provide quallty child care to our euployees at affordable prices. The slte we have chosen ls not only beautlful, but out-of-the-way and safe. The nane of our chl1d care facllity n111 be Early Beglnnings of Chanhassen' Inc. I{1th your support and a bulldLng permlt r we v111 be able to pour the footings before lt freezes thls fal1, flnlsh coustructloD through the rrinter months aod begln recelvLng chlldren in the sprLngtlne. Early Beglnnlngs of Chanhassen, Inc. 1111 not uake a proflt; ln fact, lt !r1U be subsldlzed by our compaoles so thaE euployees at all pay 1evels can afford the faclllty. Ilorrever, lf we flnd that our eoployee aurveys are lnaccurate and se have ferrer chlldren thaa we have bu1lt and staffed for, rre will be Boinglnto the local Earket to fL11 the faclllty unt1l such tlme as our employeesr needs for chlld care can f111 the center. The other coDcern that has been resolved ls future expanslon of Early Beglnnlngs. We have required that Roxnan Roos buLlds approxlnately 1'500 square feet of addl- tlonal space for Early Beglnuings I grorrth. Our companles contlnue to grow, and ltrs loglcal that I,e rr111 aeed more space for chlld care ln a fe$ short years. Ile wauted to Dake sure thls lssue was addressed ln our bulld1ng plans. Ttle additlonal space s111 be rented out aa office space untll our companies t ueeds requlre the addltlonal footage, Your support and approval would be appreciated. Jerome Carlson Chlef Executlve Offlcer IWI/IJMI/VEI, Inc. JCI d INSTANT WEB, lNC. .7951 PoweB Eoulcvlrd. Chsnh8sen, MN 55317. (612) 474-0061 b Klndest regards,u (i t t icc ((( ('(' ( ( t c ( ( r I t t r (/ p ? {- ott 5 ( /N14 6,.slc-ltomo ,/1 .Ratio . iodlle:s lb mo '"'ta T I / I R"-r,o a"f t,/ /z aLl h 2t-/r /t 4o /y lo 87 )? ?I -/g 4re selnool )). t.., - -{ 3o 3o /,, P,"-l:;o D;.c c-*n- -4/ o f*t*le /r ct 7ll a-"t la>,', 12',L-n1';'ai *.-*t,-^t (FneSlor-L;6) 1:: ?,,vt ,.)a-;r /)-u..4...-.) .yt,n?,?..u -..,-) /,. ( ^*- a-Paz*-+''+;'- * t lo H=r . -f a" /g ge 7i n n; rtlu Ch;l I C o, e (e.y7le7 $-./A< en/o7ee: of rr,,,,srarvr t/€t, _.__7.1_a, /c-1_.Jta'/,,a7 t -U;t4r7 .€*rt.uelop<- __ __ ,/*,, /, /, I I I I r I I I I I I I I I I I I I t',. I r-. it ,tt(r d Nr\ tt r t 1.. i \b P I 5 \ D \JtI :\- /.\ -\- a '- (' :' ,.t! :* R. I S1,f l\ l( I s o$' 3( I ht t" l tr N t" d l. (rf' i;l_t') 5 I CITY OF EHANHASSTI[ STAFF REPORT P.C. DATE: Oct. 7, 19g8 C.C. DATE: Ocr-. 26, I98g CASE NO: 88-13 zOA Prepared by: Otsen/v Fz oJ(LL E h,Fa PROPOSAL: LOCATION: for Dredging in publicZoning Ordinance Amendmentwater s Lril ,': ":' -,'- . 1' a+Z-.,t/ -J! 1-- - PRESENT ZONING : ACREAGE: DENSITY: ADJACENT ZONING AND LAND USE:N- S- E- w- WATER AND SEWER: PHYSICAL CIIARAC. : 2OOO LAND USE PLAN: ---tsl:Lgl-APPLICANT: City of Chanhassen ) --------'-'--'- -9134/aE-- ZOA for October Page 2 Dredging in Public Waters7, 1988 B ACKGROUND Staff worked with the City Attorney and the attorney from the DNRto determine whether or not it would be possible to amend ehe Shoreland Ordinance or other state regulations that would permitthe city to have control over lretlands located below the ordinaryhigh water mark. The City Attorney spoke with the attorney frorn DNR (Attachment #2). It was confirmed that the city can haveregulations more restriccive than state regulations for lakeswholly within the City of Chanhassen. Staff directed the City Attorney to provide an amendment to Ehewetland ordinance which would make it clear that the city canregulate activity in a protected wetland which is also consideredpublic eraters. The City Attorney has provided an amendment to Ehe Wetland Ordinance, Section 20-42l- (11), to state as follows: "Digging, dredgingr and filling in a Class A or Class Bvretland, including public rdalers lying wholly erithin the Cityof Chanhassen. " Section 20-427 of the Zoning which are prohibited without "Digging, dredging,wetland, includingof Chanhassen. " regulations activi t iesalteration permi t.. Ord i nancea wetland RECOMMENDATION Planning staff recommends the Planning Comrnission adopE thefollowing motion: nThe Planning Commission recommends approval of Zoning Ordinance Amendment *88-13 to amend Section 20-42I (11) as follows: and filling in a Class A or C1ass Bpublic waters lying whol1y wit.hin the City In 1987, the City of Chanhassen reviewed a proposal for a channelthrough a Class A wetland adjacent Lake Lucy to provide access to open vrater (Eric Rivkin). City staff recommended denial of thewetland alteration pernit because it was felt that a boardwalkwould be less of an impact to the wetland and would serve the same purpose. During the review process, it was brought to thecityrs attention that areas below the orilinary high water mark ofa lake are public waters and controlled by the DNR. DNR had approved of the proposed dredging by Eric Rivkin. Therefore, thecity recommended approval of the wetland alteration permiE because it was felt they did not have control over the proposedalteration of the wetland below the ordinary high water mark ( Attachment #1). ANALYS I S ZOA for October Page 3 Dredging in Publ-ic Waters7, 1988 ATTACHMENIS 1. City Council minites dated February g, ?. Letter from Roger Knutson dated July 53. Copy of or,iinance amendment. 1988., r988. (( CITY OF EHf,NH.lSSE$I 690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900 February 10, 1987 Mr. Eric Rivkin 5525 Conifer Trail Minnetonka, MN 55345 Dear Mr. Rivkin: The apglicant shall supply st.af f lrrith a certifiedsho.ring t.he 956.1 contour and the location of thechannel and turnaround. This is to confirm that on February 8, 1988, the City Councilapproved a wetland alteration permit to allow you to developt ithin 200 feet of a Class A wetland and t.o place wetland spoilswithin 200 feet of a Class A wetland. The City Council approvedthe wetland alteraeion permit with the following conditions! 1. Any dreCging of the channel and turnaround wi1l occur onlylrtithin public waters below the 955.1 elevation. 2 s urvey propos ed 3 The location of the spoils and the construction areaequipment shall be stared and marked and approved byStaff prior to any alteration of the site. Erosion cont.rol sha1l be placed arcund the spoil area unti itis stabilized !o prevent it from re-entering the eretland. The applicant sha1l follow all condiEions of the DNR, Watershed District and the Department of Agriculture. for the City 6 The wetland alteration permiE is approved as shor,rn on theplan dated Revised February 5, 1988. The City Council also direct.ed st.af f t.o petition t.he DNR toincLude additional condit.ions on the DNR permit. The folJ.owingconditions :vil1 be requested to be included in the DNR permit: l. The applicant shall submit a der.ailed grading and erosioncontrol plan for ciEy approval prior to construction on t.hesite. 2. The applicant shall notify the cemenC of excavaEion and shall ciry 48 p rov ide hours prior to err i t.ten notice commen- to the :. l! 4. 5 {Mr. Eric RivkinFebruary I0, 1988 Paqe 2 Jo Ann OlsenAssistant city planner JO: v { City Engineer prior to the conpletion of the project. These are arl the same conditions that have been part of the ori-ginal conditions for E.he City wetfina aiteration permit andshould not alter your proposll . Please contact me as soon as the registered survey is completedand we will need to review the site-piin. Should you have anyquestions, please feel free to cont.ait me. S incerely, -WOtAt t z'-'1(( I t I L CHANHASSEN CITY COUNC IL REGULAR MEETI NG EEBRUARY 8, 198 8 Acting Mayor Horn called the meeEing COUNCILMEN PRESENT: Johnson Councilman Boyt, COUNCILMAN ABSENT: Councilman Geving STAE'F PRES ENT 'Jo An_n Qlsen, Don L-a rry Roger Knutson, Gary Warren, Todd. Gerhafdt : . to order. Councilman Horn,-and Counci Iman Ashworth, Brown r. and Barbara tjacy, APPROVAL OF AGENDAT Councilman.Johnson movedito approve the agenda as amended by Councilmandiscuss the Councilrs position on private roadsAII voted i.n favor and motion carried. Counc i lman Johnson who accessing Boyt secondea wanted toarterials. CONSENT AGENDA: Councilman Johnson moved,approve the following Consent Agenda items Manager r s recommendations: Councilman Boytpursuant to the seconded to Ci ty It a. Riley Lake Meador^rs, Richard Vogel: Speci fications1. Approval of Plans and b. Einal plat Approval , CHADDA 2nd Addition . d. Accounts Payable dated February 8, 1988 e. City Council Mi.nutes dated January 25, Lggg Planning Commission Minutes dated January'2O, A11 voted in favor and motion carried. 1988 VISITORq PRESENTATION : There were no visitor's presentations. $ETIAUP.. TIERA.T.TON.e,ERMIT To CoNSTRUCT A CHANNEL.AND BoAT.TURNARoUND,JN ..A CLASS A WETLAND ON.LAKE LUCY ON'PRdPET{TY.ZONED'RR, -RURAL RESIDENTIALiAlilkiliffi:D oN Lor s,"BLocK 2, LAKE LUCY HTGHLANDS,*ERrc RrvKrN, (Mayor Hamilton arrived during discuss j.on of th j.s item.) Jo Ann Olsen: The staff has a decis ion Ehat we do not have jurisdiction below the ordinary high \^rater mark which is the 956.1 contour elevation.Therefore, aIl of Ehe proposed alteration below that ordinary high water -mark is just under the DNR jurisdictjon which the applicant already hasreceived approval for. The appl icant stated that he is going to amend A2 City Counci 1rebruary 8 i Counci Iman high water Jo Ann that. Meeting ( 1988 - Page 2 { t- Horn: So there will be no dredging or alteration abovemark?the Olsen: Thatrs what he claims. We just need a plan to verify Councilman Horn: you indicated that you would have to cross theeretlands. Could you expand on that a tittLe? Jo Ann olsen: This is the originar proposar and since that,'this hasbeen reduced in size but wheneve. w"ive- been out to the site, and whenMr. Rivkin has shown. where. the ponding area and turnaround is going tobe, that.has always been within ttre -.w6tland area-.. He,i.s.now .s[atiigthat he_is going to be_moving this"d'dwn even frirthe. Io iI;" j;;4.;;assumption that this wi\t stil1, where.he!s removing i,! wifi.ltitl Ue,if where it is proposed now is .with.in the wetrand, he.wj.rr ,"J"^ii iilxtovrards the rake. I'm assuming that wirr siilr r"*.in ,"i r;"a -. i." -iii t{i11 be under Stare control. igain, ,.':: g"ilq t9 ,tqr..to,I"";..e- ,l:registered survey showing exactly where Ehat 956.I'contoor i=. Councilman Horn: If I understand you right, really therers no actionthat we take this evening except to request that we get a plan for what:.r11_!: done and you'ra isking- us if you want us to have you peti.Eionthe DNR to include your recommendatiois in theirs? Jo Ann Orsen: rf the appricant was going to maintain the proposal , thanhe would stilr have to receive a wetiand arteraEion permit ior that partof the dredging thaE woul.d be above the ordinary higit water rnark. If r.redo determine that there still is wetland above, he;ilr stilr have toreceive a lvetland alteration permit just for the traffic across todredge out the channel within the pu6tic waters. so he wirl most likerystill have to receive some sort of a hretland alterat j.on permj.t. councilman Horn: But at this point rre don't know what that plan is? Doyou have any questj.ons Jay? it .1.-.!t, .-_ -t,.: ..t:.; L 955. l, doordinary h inow iow 'Long 'a jo 't water mark and is yo ig Councilman Johnson: yes, several.was that that was determined as the u h irit t hj.s plan so that atl of the constructj.on is beLow the ordinary hjghwater mark. We are requesting that he submit a registered survey toshow exactly where the 95G..I e.Ievat jon -is.in _.relationsn j.p. .to tr,j_s - proposed arteration. Then 'we -c'an determine if hs wi rt 'ue" '"o.Ji"t"iy 'i;op:l ,..-e$!li.c ,.wa-te r - :r,Thgre sEiJL-.$riII b.e.a.-port.ion of wetlarld tt*t i.,_e . .$rrlr nave Eo cross that will be under city'juiisdicticin.- oeterrnin'd..ghiamount of that. we are also, since we will not be able to have awetland alteration permit for the channer and the p;;p;"; turn around,r rrould think, if counci I wourd rike for staff to petition it. onn toadd the conditions that rre had to the DNR standard perrnit. They hadsaid- that ere courd petition them to do that. as fai as tonight, there,sreally no action to be taken except for any arteration that will 0ccurbeyond the ordinary high water maik again, which we don't inow the exactextent of that and the. applicant has again stated that he is going tohave only the channel below the ordinaiy high water *..i. -- 'CiEy' Councj.t UeetiJ"F.b;";;t'-;; -:.sii --"ius" : ( still the ordinary high vrater mark? Jo Ann Olsen: It was just determined. Councilman Johnson: Okay, so thatrs good. If I sa$, i.t in the 1952, thelakers probably changed since then. r think from some of the proviiionsIrve seen from the other people, the work has to be done by March I of1988. If we have to give him a wetlands alteration permit-and ere don'tact upon it tonight, the next meeting is the 22nd, he's going to haveone heck of a schedule to get the construction done the last week ofBebruary because he's going to be disposing of the spoils within 200foot of a rretlands. Hers going to be crossing a wetlands and drivingthrough a we'tlands and we have to protect that rrretlands. - If the plan isstill to do this this year, and if the Watershed District is 9oin9 tohold firm on their March lst deadline of getting this accomptished andhe doesnrt get a wetland alteration approval from us tonight, will it bepossible for him to meet the March lst deadline if we wait 2 weeks untilthe next meeting? Eric Rivkin: To answer al.l your questions. I got the plan, I was onlynotified I think, last Eriday that the meeting I was supposed to be at $ras tonight so I didn't have time to get these to you to get into thepacket. As you can see, the channel has been moved forward about 20feet so there is no excavatj.on required in the upland area. These numbers over here are pretty meaningless right now because they vreretaken from a Federal Survey that was done back r.rhen the land was first,the topography $ras described. There is a stake here but we donrt knowwhere it really is. I will do a survey to f ind out where the 956.Iexactly resides but I kno$, for sure that the terrain suddenly drops fromprimarily terrestrial to pr j.maril-y aquatj.c qui.te rapidly right here.Irm going to draw for you a section of $rhat it looks like right throughhere. Councilman Johnson: Actually the question vras, if we don,t do thistonight, are you in trouble and wonrt be able to do it this year? Eric Rivkin: I don't think so because Irll show you that I don't thinkthere is any jursidiction that you have. Therers no wetlands thatI have to tresspass here. I called the Watershed District thi.s morningand they gave me the figures, the average level of the lake, where theIake is in relation to 956.1. I'Ii draw where the lake IeveL is, saythatrs 955 and the average during the Iast year from January to January29th of this year. They measure every month. So let's assume this isthe lake level ri.ght now, the ordj.nary high $rater mark js right here.That's 956.1. The terrain pretty much looks like th j.s. It goes fromprimarily aguatic to primari. ly terrestrial ri.ght here. From here forward is the line from your designated wetlands, according to your orrnmaps. Thj.s is the lot and this line right here, I don't kno$, whetherthj.s light area is Class B or whether it's Class A or what, but thisline ri.ght here is this line Eight here. Councilman Johnson: You can tel1 that from that drawing? primarily te rres tE i al , Tta. , L Eric Rivkin: Your definition of wetlands i.s from ''-:11) ( to Primarily aquatic vegetat ion. Okay, thatrs in your own ord j.nance. That occurs here. rt doesn't occur up here. rt doesn't occur up here.It doesnrt occur down here. It occurs here. Okay? ThaE is stillbelow, that is in DNR jurisdiction. rt is not unier the contror of theCity. Therefore, there is.no trespassing across any wetland in yourcontrol. Therers no dredging under your control so I feel it is-possible to get it in thj.s year if I don't have to keep finding anymorebig surpr i ses. I Eric Rivkin: Itrs wet l and? Councilman Johnson: Wi 1lcontrolled watland?. your spoil area be withj.n 2Og feet of a Eric Rivkin:'- It will be right here but that.s not a wetland. Councilnan Johnson:Is'it. within 2OA teet of. a controlled wetland? within 260 feeE of the construction site and the Jo Ann Olsen: That's true.wetland alteratj.on permit. councilman Johnson: you need a r^,etrand arteration permi.t if it's within266 feet. If you build a house withio 2Ag feet, yoi need a eretlandalteration permit. rf you put a road within 260 ieet. rf you make achange within 2a0 feet of the vretland, the oridnance says y6u need awetland. arteration permit. This project is going to reluiie a r.retlandalteration permit unress you're going to haui arl of Eh;t completelyof f . Eric Rivkin: sense. I didn't understand your wetland alteration permi.t in that Councilman Johnson: I think Irm correct.Jo Ann? within 200 feeE requires aAny development Councilman Johnson: When donotice this is a vacant lot.building on thj.s Putting access to you pla n That $re I on re lot? Ia vacant lot. Eric Rivk j.n: I,m goingwith the builder right to now be bui. Idi.n9 this of spring. My dovrn payment isthose things. Councilman Johnson: pond ? Eric Rivki.n: There I s noslosh to get there. and it's one putSo you plan to dock or anything into thisa need to. I donrt have to walk through Ehe Councilman Johnson: 30 foot out? Er ic Rivki.n: Ifoot below theabout level . I What if your survey comes out and you're another don't believe j.t r.rj.ll. The water right now is almosthigh water mark and from here, thj.s biue line out hererm not going down any further and itrs not aquatic a ls t .AA '('City Council Meeti ng Eebruary 81 1988 - page 4 L City Counc i I Pebruary B, ( Meeting 1988 - Page 5 a Ii- Councilman Boyt: I think the applicant and Jo Ann have both been very clear to teII us that the 956.1 line is where the Cityrs responsibility ends depending on which diretion you're moving. In terms of where our impact starts and stops, I would thiok that up to the 956 line, you might tike to have some sort of wooden dock. Are you just planning to step off there? Eric Rivkjn: Itrs a jump. It's possible that I mj.ght put a dock in here but right now all Iive got is a canoe and possibly later a sailboat but those can be beached there. when $re had the floods last JuIy, I vrent out there to see how high the water came up and it didnrt even reach up to about here. Thj.s stayed pretty dry. Councilman Boyt: I guess my concern is, I don't think werre setting any Precedence by giving you the ability to put a dock in over a certain reasonable distance so steps or something might make sense. I think we've really gone through the issues pretty thoroughly. The applicant seems to be well prepared. I, like Jay, would like to see an elevation.I would also Like lo request that when ere get around to considering some sort of motion h.e.re, _it would be my intent to make a motion that. yes, the staf f l)eLitio'n the DNR to include our cbnditions. I suspect' that they would'do t-hat: I would propose that [he City go ]on record'5s being opposed to the -ONn permj.t. rhat isn'u going to keep Ehem from approving the permi.t. It just happens Eo reflect what I Ehink we're doing..l l,tayor Hamilton: I've been i.n favor of it right from the begi.nning. The only comment I had and question perhaps was, on the dates when he could do the work seemed to be in confLict. December 1 through March lst, I988. That's condition 8. CounciLman Johnson: Itrs rePeated. a watershed District requirement beingL Mayor Hamilton: I just Ehink the dates are wrong. It says during the I vegetation at aII. The area was heavily farmed up untj. I 2 years ago.Right up to this line. It made a barrier up there and it,s-kind oisudden. I also tant to so through some other issues that were flushedout here besides just the survey. Councilman Johnson: That's rdhat Itm trying to do because if ne doesrequire a permit and you donrt have one, it's just not going to beproceed. I $rant to make sure thaE you realize that you may still need a -lretlands alteration permit even though the dredging wonit be in awetland that i{e conErol which we have the povJer to give you tonight. Eric Rivkin: That's all I had right nord. Any questions about where thelines are? Counci1manHorn:-n:Do',youhave:rhy.bt}idrq.uestionsJay?i.t.: Councilman -Johnson: : I'm trying to figdre out a motibn; : : - :' Councilman Horn: I think we should find'out if Bil'I has any qtestions. \ t- L t ZLii r. /.-Ciby CoUnc i t Meeting t Eebruary 8, 1988 - page 6 period of time, the permit shall be issued for a restricted peri.od oftime for the months of December I through March l of rggg: r don,tthink that,s coErect. It must be Decemier l, 1987 th;;;;h March 1,1988. But r don't know that we can restrict it to on. y5"r. rf Mr.Rivkin doesntt do it right now, r think the permit ."n"- ioi a rongerperiod of time than one year. If he can't aicomplist it-iti" y..i, h"gln d9 it -next. year - so that's why r rras kind oi questi.oning ih"t- ,rt or"item 8. The time. Councilman Boyt: The DNR is the one that,s regulating the dredging.Didn't they set the dates? Eric Rivkin: To June Ist. Councilman Boyt:. They set it from December through June? Jo Ann OLsen: No, they said December 1, 19g7 to l,{arch l, 19gg. Eric Rivkin: Oh, for the dredging? Councilman Boyt: yes. Mayor Hamilton: condition 5, excavated materials shall be removedabove the ordinary high water mark. r guess just to be clearry notedwhere Ehat was or where they were going-to be removed to r gue-ss is whatr $ras concerned about. That area where those materiars wouid be put. rguess r'd like to know where that is so that we know exactly wherLtheyrre goj.ng to be put. councilman Horn: That _$ri11 be part of your pran? where the dredgingnaterials will be placed? Eric nivki.n: yes, it's on the map there. rt's been there since dayone. ..-there's a note there about, since there is roosestrife and heindicated that there is roosestrife'in the spoirs, ttrat itre Departmentor Agriculture has to give me a permit. The-ir regulations about hor., todispose of that are in-the recomirenda t i ons of that permit. They,vegiven me a number of... Jhey,ve given me verbal aplroval and be saysthe-written permit is_ on it,s wayi r described thi- situation to him andhe didn't see any problems vrith it. Basicarry what we ;;J-;p doing i-we mix up the dirt and top soil and spread it around and kiLr art inedead vegetation, the seedi stirl rema-in and grow back and liant grasses.Not talr grasses and maintain it for a while through mowini a"a It t"e!sthe plant from coming up.. we do that for a couple-of yeari and itshould 'establish ;.tsef f . I couLd putl ine youn! plans. ie saia newould teach me how to spot them. Councilman Horn: I had no more questj.ons either. The only issuebefore us is whether we want to make a recommendation to th; DNR. Otherthan thaE, $re can instruct staff to moni.tor the pran and the progress.Does anyone wish to make such a motion? council'man Johnson: My motion is going to be much broader Ehan thatbecause we have to issue him a wetrind irteration pei.il-oi he can,t do city Council MeetilFebruary 8, t9g8 - page 7 the project. Councilman Horn: Not until ere Councilman Johnson: This isn,t ( i ha ve the the plan. pl an? _ . Eric Rivkin: _.The DNR hasj :a::Pn .this1n w- !nformation. Eric nivkin: Itrs aconfident it can bethings on -the lake?,, concern to me, yes.done. You I re saying to review. that and issue me a .new perrnit basedThat has to cone back with their piovisions. llQoungilmart -Johnson: rrr::What : gr.quld .:happen .to .yort .lf :-.yo ur :wettand _ :r. .,ii:a lter.ati on lpermi t i.s..not approved until February 2l2nd? Trro vreekstoday. WilI you be able to complete your projelt, your dredgingyear? Is that a concern to you? Itrs kindthat March fromthis but I rm don't aI loe, of Ist tight you -:at. f I Ii- Councilman Johnson: .. .The permit restrictionDistrict is that you do all your dredging by Eric nivkin: I'1I comply with that. in here from the Watershed March Ist. has already signed. Counci lmangives you 5 and Sunday. Eric Rivkin: I- have a contractor and the contratorAll I have to do is sign it and send it back. Johnson: But if you cantt starts until February 23rd, thatr,reek days. I don,t know if you're going to woik SaturdayI donrt kno$, how long it.s going to take and whatever. Counci.lman Johnson: So he's available Lo do Ehis? Eric Rivkin: Hers aware of all the conditions of the for permi t. the survey and the OI Councilman Johnson: So if we table thj.s waiting ,:p_N-R .permit-, we're not going to be de}aying you? ,v,' .: .,. j, ', j ._;r. r.Ef ic Riv\ip-: . I. don't know. . There seems to be a- surprise r. come to this!Lq meqti-ng. . I don I t_ know what it wi II be this Eime. :. : -: ; 1,. l',.re -gouncilman .Horn: I think the quest j.on- ..because you're dredging within 2gg feel .. _,,_ wet_Iand alteration permi t. Apparently -'. . tha,E's rrhat you. re talk j.ng about f or a ,c,r-Councilman Johnson: If we put Ehat to bed toni.ghtr. there vronrt.anymore. If we wait two weeks, I can,t guaranEee you there wonrtanymore--.I guarantee I won,t give you much more because I.eronittwo weeks from Eonight but Dale w j.ll and Dale was more opposed to,project than I was. suggest somethi ng. I'd like to propose DNR requesting that they include ourfurther, that we recommend that they deny you get , vthat werveof a wetland, you doyou $reren I t a$rare of surpr i se . heard need that. IS r a 1t be be be herethis L Councilman Boyt: I'd like Eo that ure submit a Letter to thecondiEions in their permit and ': ..) 43. . '. ( City Council Meet ingFebruary g, lggg - Page g r bel ieve they won' tto it as a city.deny the permit but I want to be Is there an alternate motion anyone would like to a the on permit. record as I fully opposed I councirnan Boyt moved, councilman Johnson seconded to submit a retter tothe DNR requesting that they incrude the city,s conaitions in ttreirpermit and recommend to the DNR that they deny the permit.councilman Boyt and councirman Johnson .rotea in favir, councitman Hornand Mayor Hamirton voted in opposition to the motion.' The motion failederith a tie vote of Z to 2. Councilman Johnson: yes, Irve got about 9 conditions going here.Because it looks like the DNR is going to approve this and there,snothing r.re can do about that part of it, f donrt see any necessity forus to further delay the applicant if we can. If we do it Uy apprivingwetlands alteration permit toni.ght. Councilnan Horn: Propose? Counci lman Johnson :the DNR? Eric nivkin: rrve already submi tted So the area of L Counci lmanthis plan?Johnson: it. where you're going to place this is Councilman Johnson:think so, for this Counc i linan Horn: Is that your mot i on? need a performance security bond? I donrt theor 4 erosl0n provisio ns I Do te one. Councilman Boyt: What about condiEions of the staff? Eric Rivkin: The provisions of the DNR permit spel1 outcontrol plan. I have to get the l^Iatershed recommended 3in there. They are in the permit and they are covered. Councilman Johnson: Does staff have problem rri th Jo Ann O1sen: We haven'ttime Irve seen this. any aErea J.Iy Iooked it yet. This eros r on is the control? first Mayor Ham j.l ton: He,s not how can we require...doj.ng anything in an area Ehat we cont.rol, Jo Ann Olsen 3 One of the conditions of Ehe Eish and Wildlifestabil j.ze !,rhere the spoils are going to be placed. Councilman Johnson: We have control of that area. r.ra s al so to t Is this the only plan you plan on submitting to City Council ueeti(-Eebruary g, I98g _ iug"9 I'{ayor Hamilton: Right, I realize that. councilmao Johnson: He has erosri.on control around the side of thatwith our standard Type II erosion control detail Erie Rivkin: I got that from Larly Bror,rn. councilman Horn: Do you have anything else to add to your motion Jay? councilman Johnson: Advice from staff. Anything else to adar to that? councilman Boyt: what about the other points of staffrs conditions?Yourve selected a couple. Eric Rivkin: Can I have further discussion about this? Councilman Boyt: Not yet. have a motion on the floor. Is there further Councilman Johnson: That was theI started Iisting the conditions.very first part of what I said then Councilman Horn:discussion about Weit. councilman Boyt: r have a question about it and the question is, in fegard to the disposal. Jay brought up earlier, material is beingdisposed that is in our control tfiat does reguire a wetrand arterationpermit because it's within 206 feet of the wetland. That,s not part ofyour motion. I didnrt see anything in the motion about approving ar.retland alteration permi t . L councirman Boyt: what you're proposi ng then is to basically allow thisto go forward as proposed to the DNR? councilman Johnson: The DNR controls alr dredging, no dredging withinour area. I think our hands are tied. I think rre would be somewhatarbitrary and capricious, or erhaEever those 92.gg Lawyet words work outto say that r feer we're hard pressed to deny. tt's going to be therewhether he has to haur it totarly off site or not.. At this point wehave to be reasonable. I don,t Iike it. councilman Boyt: you make a good point about being reasonabre and onthis particular issue r'm going to be unreasonable and vote againstthis simply because I think by_voting against it hre would ictua:.ty makeit impossibre to do. rrm not for the cinar being areajeJ wtrettrer theDNR suPports it or not. Councilman Johnson moved, Mayor HamilEon seconded to approve a WetlandsAlterations permit for dredging a channel within pun controlled spac-erith the following conditions: 1. The only dredging wil.l be outside of the Chanhassen controlled iretlands, on othercontour 1ine. jurisdiction ofside of the 956.1 { I 1 I ; 50City.Council February 8, Meetj.ng ( 1988 - Page 10 The applicant submi.t a certified956.1 contour is located.survey showi.ng where the {t. ., 3 5 I The spoils area and the equipment movement area staked andmarked and approved by the City Staff prior to anyconstruction. The purpose of this is to assure that theequipment is not driving throughout the wetlands. Theadjacent wetlands and throughout the area. Have a nee, plan submitted to theinf ormation that the DNR r,rants. City that includes the The applicant wiIl foLlow aII conditions ofthe wateshed District permit, the Departmentpermit and any other applicable permit. The dredged material will be removed andthe plan dated ,,Revised Eebruary 5, l9g8nCity Council tonight. the of DNR permi t , Agr icul ture 5 placed as shown on and subnitted to the prior to wr i t.ten notice toproject and sha 11 7 8 The applicanE shall submit a detailed grading and erosj.oncontrol plan for City approval prior to construction of thesite. The applicant shall notify the city 48 hours conmencement of excavation and shall providethe City Engineer prior to completion of thereceive approval by the City Engineer. AII votedcarried.in favor excepE Councilman Boyt who opposed and motj.on Etic Rivkin: r don't think it's necessary to have a wetland arterationpermit at this point because r arready need everything outrined. r meetcity standards as far as erosion contiol is concerned, whj.ch also, bythe way, meets the DNR condi.tions that the Wateshed set on for erosioncontroL. The way in which the spoils are going to be handled. Roger Knutson: If you don't want the permit, you're not putting thespoiJ.s there. Do you $rant to put the spoils there? Eric Rivkin: Your re saying, I have to. . . Roger Knutson: Without the permit, you can't do it. Councilman Johnson:We j ust t. Sor ry, passed the permit for you. no for the don't need it's hard Eo follow thi.s. As far as theperformance secur i ty? Eric Rivkin: Alrighpoints, did you vote Roger Knutson: you ir. t 'City Council Meetj.n.Eebruary g, rgis-_"ius"LI t Eric Rivkin:control over 7, tht'.s additional erosion barriers,Point 10, the deed restriction Councilman Johnson: That wasn't inlcuded. you don, t have LOCATED ON THE NORTH SIDE OE THBF, FRINGE BUS-INESS DI STRICT: CONTRACTORIS YARD ON 13 ACRES. CONSTRUCT WITHIN 2Og FEET OF A Pointthat. Councilman Horn: 7 through 1I are notit is is the eretland atterition il;.ia-store the spoils erithin 2qq feet of the in our motion. The only thingwhich we just granted. ihat,s-towetland. NANCY LEE AND PATRICK2I2 AND THE EAST SIDE WETLAND CLASS A BLOOD, PROPERTY oF TH I01, zoNED ALTERATION PERI,IIT TO WETTAND . A CONDITIONAL USE PERMIT FOR A B. Barbara Dacy: The property is zoned BF, Business Fringe. Acontractorrs yard eras recentry put into the ordinance fo be arlowed asconditional uses - The hash -lri< o, the transparency here shows thelocation of the entire 13 acre parcel. The rocatioi of the proposedbuilding is in the upper northw6st corn"r of the sit" iaja""nt to THLal. The planning commission considered this item and .6.orn ".ro"oapprovar to the council with 26 some condi.tions and out of theirdiscussion they amended four of those conditions. condition 4crarifying the pumping contract provision vrith the city. ltumoer 25,they specified that.any expansioi of this activity bey6nd iz vetricteswould require a conditionar use permit. Number 20, tirat the site pranbe revised to shift the-buirding- zg feet to the east and finarry, if thesite is to be subdivided in tt,.-rrioi", that the city would rook torequiring the necessary right-of_way for frontage roia to mufeconnections to Ehe properties to thi east. To iummarize the pranningcommission's discussion wourd be to basicarry say that t.heir discussioncentered around traffic issues and access Eo the site. A coupte ofissues that Ird like to talk about furiher, beyond the elanningcommission consideration. one of those items ias that ttre'comm:.ssionspent a good deal of time on whether or not they should udd-o., ucondition about restricting access coming into ind out of thi.s site and!Iliirily.,requiring access to proceed so,lth on TH 161 to-pi".r"nt accessgorng north. As yourrl note in the Minutes, the commissiin asked aboutanother apprication at the Merle volk site and that conditionar usepermit and a condition indeed was praced in that p".*ii-i"-iestrictaccess to cR 1g- However, r think that the elanning commissi.on, .[ tn.tmeeting, it was decided that that condition was not nec.""iiy in thisg3sg' secondly, another major issued discussed by the commission attheir meeting $ras access to the site from TH r0l. again, correctiverythe commission decided that the access proposed in t6e fioposea sitepLan vras.adequate. A couple of the me*Leri did have a iot'ofreservations about this access so staff went further to research thisissue as to whether or not access courd be gained iioro-tt"-.."t. rnorder to do that, there is an intermediate property on the east side (- L L {r D^vrD L. GR^NNrs - 1874-1961 D^vrD l. cRANNrs, JR. - 19t0-1980 VANCE B. GRANNIS V^NCE B. Gx.ANNts, JR P^TT.ICK A. FAIRET D^vrD l. GR^NNrs, lll Rocxr. N. KNursoN Tsr..FHoNE (612) 4rt- t66l July 5, 1988 Ms. Jo Ann OlsenAssistant City Planner Chanhassen City HalI 690 Coulter Drive, Box Chanhassen, Minnesota RNK: srn Enc losure s very truly,yours , -. *.r, ; .iD JUL 0 6 1988 CITJ OECHANHASSEII GRANNIS,ARRELL nut s on 147 5531 7 RE: Dredgin q in Public Waters Dear Jo Ann: Enclosed is a copy of the nemo I received from AssistantAttorney ceneral BilI C1app. I think his argument might persuadea court. If he is right, the City can regulate dredging in a lakeas long as the lake is entj-rely within Chanhassen. The Supreme Court in the Orono decision, copy enclosed,heLd: "the public policy ot tfris state is that tie ONn j,s to haveexclusive authority to grant or deny permits for dredging inlakebeds of public r^raters." This is very strong languige-toovercome, but Clapp's analysis gives us an argument. Consideringthe City's policy of zealously guarding the City,s wetlands, Isuggest that the City regulate dredging in the public waters oflakes who1ly within the City. N B I-tw OrFrcEs Gnarms, Gnar.turs, Fannar & KNtrrsoN h.orEsstoN^L Assocr^TtoN Posr OFFIGE Box ,7 40, NoRlrEsr B^NK Bur.DrNc 16l NoRTH CrNcor.D EXCH^NGE SoLrrH Sr. P^uq MrNNEsor^ ,r07, TELECoPIER: 16r?) 4tt-2\59 DAvtD L. HAixEyEr Eruorr B. KNErsor MrcHAxL J. M^yE TwcrHY J. BErc ( ATTORNEY GENERAL MAY 12, 1988 BILL CLAPP 6-0686 CITY REGULATION IN PROTECTED WATERS You told me last rreek that you had been asked by whether it could regulate changes in protected waters.a city employee said the city aEtorney said no. r Chanhassen You sa id The city attorney may be moeivated by the attached Minnesota sup reme Court decision, Welsh v. City of Orono, 355 N.W.2d l-L7(1984). The court said that the city coula regulate nork on theshore, such as docks and riprap, but not dredging out in thesater. The court seens to use the waterrs edge (not the OEWL) asthe boundary of the city's aut.hority. The court nakes no reference to Minn. Stat. S 378.31,subd. 12 and section 459.2O, which between them give cities theauthority to regulate changes in the course, current orcross-section of public waters wholly within their boundaries, orof those partly sithin with the help of joint powers agreementswith the other cities and towns in which the waterbody 1ies. Ichecked Ehe briefs and found that the court had been made fully aware of these two statutes. I suppose the court did notreference them because the case invol,ved the application of the Orono ordinance Eo Lake Minnetonka, which lies in manyjurisdictions, and which do not have an applicable joint powers agreement. I conclude t.ha t towns from regulat ing WeLsh v. Oronoper 378. 3I,satisfied. not stop ciEies and 12 when t.he cond i t ions doe s subd. speci fied in 459.20 are The case does prevent citieswelfare authority, or chapter 462 author i ty for such regulation. from relying on their general(unless amended) as sources of Kent may remember that he provided which rras part of the record before thethat DNR did not. consider its authoritycourt was unmoved. Orono with an affidavit, Supreme Cour t., statingto be exclus ive. The BC:dw Attach. DAVE MILLES ll6 Ii.rv.\r*lcH rnd lor rhe reasons rei lbrrh in LIiss€nting Dpinjons in )'rlt tic Produrts, {I9 }tirh. l. 3fi JO8TII WESTERY RE}IJRTER,2d SIiRtl.]S .I , .U., $ould,aft€..rr llt per itnnu pud, ,rnd rii) kly payrnents lhur e due Dr p.ryablc on o, dtllr l, 1982 lt l2i, per enouml8.l (198.1), lnd S.th t. Detroit ptf-jli. Prol .!!t tOn ,t.rrbDtrJJiox./, Jt9 U _!t',trl1-iiri.t - r,2, :r7-r8, 3r8 ),l.lv.ld 652 r198.r),ro the Workrrs Com Bolrd l,irh the,lirecdon parablc bcJb uarj l. 1982 a! ii,. p€r c.mber;]1. 1981. aod rhrre WELStt v. CITY ()F (.tRt)No Iinn. l t 7ctr...ltt N.w td llt rrlrm rDr .rpplicatron tbr cordiuonat us€ o{rmrt b Raymond .rihur (j.tSE. Jr.. Jrcd8e r portioo ot tske adjornins his rejFprtltiontr. .tppllhnr, d€nce. The District Cou.t, Hcnn€pio Coun- ,. ty, IrvinS C. Iverson. J., entercd Bummary sT.rTE of :tllnn$or!. Rcipondcnr, judgtnen! in lavor of hndowner ')n ground Ct-.lilt_t m9. ths! city lscked ju.isdictlon io reguhle lake b€d ,lr€dqing. ond i! appealed. Subsequent Supreme Court DI ]tinnesoqr. to ciiy's rPpeil. Ilndowne. moved ibr irttor *uB. :], !98{. ncy's fecs Thc Districr Coutt deniod thrt modon. lnd he app€lttd. The Supreme ORDSR Court. Keltey, J., smnred tlndowne!,s pe.r- altDAHL. Chief Jusrico. lion for ircceleEted rcview, consolidored Based upon r, lhe nr*. records lnd lli,",:ii11i;il*lill"Tll"{:i:Sffi}':l proceeding3 herein. implicirly, to regutate dredging ia public (T IS HEREBY ORDERED rha! the per! w3ltrs becrus€ Depsrtmen! ol Nruml R+ tion of Raymond .{rthur Clse. Jr. (o. fur. iources h!! exclusiv€ jurisdiciion !o gRnL iher mview of $e decision of the Court of or deny 4redge p€rmrts lor work in public ilppeals, l),14 N.W.Jd 888. bs, and rhe same wateB rB proyid€d by l€gisloture: (0 trisl i6. grented. Briefs shall b€ file'l |n 15g court erred in ordering city to refrain from ,tuantity, form |rnd wirhin lhe lime limila- in!€rt'ering with pmposed permanen!,lork tionr contained in )tinll.R.Civ..{.pp.P. l8l 8nd riprrppcd shorelsnd pror€ction bscau$e aod 132. Couns€l will b€ nodfied !l I lcte! the cjty hos "*p.."" po*". to r€gulste dole of rh€ rime fo! argumeot betore rhis wh&ves cna aocL in sto.eUna a.ea.i: anacouri. No requelrs tbr exiensions of time (J) t!i!l courr did noi rbuse ita discrerion infor lho tiling of briets wil be enrensin€d. .tenying .rtorney f""" ,"a"i irriiifli" C. R.r WEI.SH. P!tltto[.r. .{Dt.llrrt(e-83-lli6). R.spondcnt ( c3-r3-699 ), CITY OP ORONO, .t Jlinn.lota llturici. pul corpohtion. Re.p{}nd.n! r C!-tJ- l2?6), .lpp€lhnr (C3-d3di99,. No. C&-dld9g, C:-diLIl?6. Supreme Courr rt )ljnflesora. .lu,r. rl. 198{. Rehcaring Denied oct. !3. 198{. Landowncr broughr lurr for d€(l:lmro- rv rnd iniuncrive reiiei rirc. L.ity ,tenretl hir Atto.ney's Fe€s .{wards .{cL .{Ifirhed in porq revers€d in part and l. Uunlcipal Corpontio €i7 .l muniripality has no rnherenr poweft, but only luch powpls rs .!re c$presrly con- f€rred by sqru!€ or lrt lmplird its leces. sary in rd ol :hose po(ers which lre e:(- pressly conderredi if the rctivity is one peculirrjy sublcc! ro locll reguluuon. brjed upon iaauro of acdvi::,, nnd its custoh.rrr- |rrco or' pcrformance. lhe necessarv implied powcrs in illd ,)i rxrlving Dut.dtpress 3tx!u. tory power rs consrrued libcrall],. bui if ir marter prcrdnrs r rbtewide pmblem. rhe implied necrssrrv powrrs od 3 municrDatrrv !o reguht€ rre trilrto*lv rons*ue,j unless the lcgislature has txpresslv provideil urh- I,\ rtllrlrllrrlllllll I /-tHn"-t\r'-*r llS \l'Ir'. i]5; NoRTll WESTERN REPORTER. !d SERIf,S public 'r,steB wilh,n their junsdictioo, could reasonably be intelp.eted !o allow city to conrml und rugulite disposition of dEdge Bpoil oo municipally zoned lsnd. Y.S..r. 5 1i,2.35i, subd. I. 8. :{svircbl. Wdtrt €i}8 Dre(qing approld is conditional upoo compliance with municip4l regvlations gov. emlng flood phm and shoreland llres!. M.S..\.. tq l0,l.0.l,3ubd. l, 105.r'2. subd. lr, lr)5.{B;. 9. Iniunction ots(1) Deponmen! of Nslursl Belources dredging permit wai conditional upon corn. plirnce wlth iil o*er municipal zonilg reg. ulstions, rnd thciefore lhe trisl coun elEd in orderinI municrp ity to .efrain f.om intell€ring wilh lln(lowner's proposed pcr- mMen! dock trnd ripr.pped shoreland pro- lection because ihe municipality h:rd €r. pr6ss power to reBlloLe whanes and docks lnd shoreline artas. lt.S..l. tt 104.0t. 3uM. I, 105.12, subd. lq 105..185. 10. .{pped snd Erro! c{{:2 Even afler an appeal b p€rfecred, trial coun retaiffi julisdictioo over maLt4rs col- lsleral ahd supplcmenol io decision on me.itr. ;1 y.S.A., Rul$ Civ-App.Proc., Rulc 108.03. ll. -lpp.nl and Erro. e{12 Sincc p€tition for etlomey tee! under Civil RiAhrs .lrtom€y s Fees .trwards Act i! collat4rul ro merits, it mey bc heird .nd decided sfter perfec$on of app€sl by p&ry. {2 U.S.C.A. 9! l98l et seq., 1988. 12. ClvU Rltht. ol3.U(13) United Stares Supreme Court's .\'.r" nan decbion requirB an award of to!. ney fee! lo prevailing psfty pursuant to Civil Rishrs Altorney's Fn63 Awurds .lc! unless sDecral circumsbnce! would rcndc! award unjust, .12 U.S.C.A. i 1988, 13. Civll Rirh.! c'13.17(l0) Trhl cout did not rbu!. it! di3crerion in denying attorney fe€B under Civil Ri[hts Attomcy's Fe€s Awsr& .{cr. sinae clsim in question $3s e$enrially a private stAte law claim aorl ir war not wilhin spirir of the Wf,LSH v. CITY Ol' OROi\..() Ck.5 ]ti l.rry.rd ll7 iVr.n. l9r'ar Minn. I l9 cicil ri(hts aliomcy feo provirion. l2 U.S c..{. l I98E. Sy abw by the Court I. .{ munitipulily ir without juti$dic' rion, eilher explicitly or impliciily, to .€gu. lrte dredBing in public wst 13 becaule lh€ D€plrtmen! of Yaturll Resources huc er' clusife jurisdictidn to gr.rnt or deny rlredge tErmits tbr work in publie wrierc o! Dro_ vidul by lhe le*islarure. 2. Ths Depsrtment ot Nsiursl Re_ sourc€s dredging p€rmri issucd wss condi lronul upon complisnce with all other mu' niciprl zoning regulrtions. Th€ lrial court, rhcrcfore, erred in ordennB a municipslily to .etmin lmm interfelin8 wilh r Foposed p€rmanent dock and riprrpped shoreland proteclion bccsuse lhs mu[iciPlity has er' pacsr power to neSulaio wharves sod docks and shorelsnd areas. ,, The uial couri did tDt rbur€ its discrcdon in d€nying sltorncy (€e3 und€r {2 U.S.C. t 1988 when Lhe clrin ir e3!en' tially r privat€ state law clairn lnd ir not wirhin ihe spi.ii of lh€ civil right5 s om€y fee provbion. Bruce D. Malker3on. Thom.. J. Badio. Minneapolii, for City of Omno, Scolt G, H.!ris, Eileen y. Bob.r$, Min' nerpolb. tor Welsh. Considered ind d€cided by th. cturt en bunc withoul oral .rrglJmellq IELLEY. Juslice. The City of orono denied C. Rer Welsh's rw,rlrh) xpplicorioll for s ronditionrl use t. w.kh srr.d fi!. .l.imt io hl3 comPh^r: rl) r)rono unl vfullv dcnicd rh. p.mtr: i2) Ororo lxt.d iqrgli.xon ro r.tulrrc 'h€ d..da' ,ns oI trl. iuinrcro.t.: (l) lh. i.t. hld pr. cmor.d mu.lt,orl rcsulrho. oI l*. b.d d.cJ*' nrr: ,r) Orono wliv.d ,r. rrrhr ro obj.ct ro rh. ,l..ds,ne rnd {s) Orono'. qnhwful ctcrclk oi 'rr ooli.. porcr vol.l.d lr.lrh. oDlllunon.l i,rhri (Thc ler (lsrm rll.tcd viol{Ddr of rh. du( pr*.rt ind rlkint d:ue of rh. Un'r.d srnkr i.d iuinn.ror! Consrtrufionr lnd rh. f.d' .rrl cqurl p.or(ron (l!u*. ll rle cl.rm.d rh.s. nllc$d $ol ron. uon.t ut.d I rrolr[on permi! to Jrcdg€ r portion ol lhe bed o, Lakc Minnetolka sdjoining ihc lvelsh lcsi- donce. wrlsh fi)ed thii a(lior leeking de' cl.ntory rnd injunctive relidf.r Tlle ttial court $tnted Welsh summsry judgment on lhe grcund thai Orono laoked juri$di.' tion to rrgulsE lakeb€d dredging. the cour! ruled lny Orono reg1lladon of dredg_ ing was vord snd furtler ordered omno lo lrop 'iniarferinB with" Welsh'! dredging snd hi! pmpo.al !o construct I penMnent dock und to riprap lhe shoreland adjoining tha prcpo!.d permanent dock,' The lrirl court did no! specifically nrl. on rhe .e_ m.ining clsirns in Wel6h'! complainr Or(> no sppeah lrom the summary judSmcnl order. Subs€quent !o Orono's apPed. lvelsh moved fo. attDm€y leer puEu.nt to 12 U.S.C. E 1088 (1982). I'he irisl court deniad thrt molioo. Welsh sppeal! the de. niel of altom€y feea.t we tffEm the trisl coult's order thst Orono lecked jurisdiction !o regulst! dredSing in lhs bed of Lake yinnotonka snd donying W€bh .ttomey fcer. Wc rcvenc that plrt of the order bsnning Orono lrom 'inierlering whh wolsh'! clutruction o! s permsoent dock rnd .iprrpping thc lhorel.nd sdioining th€ dock.'' welsh ruaidei on relid.nlially'zoned p.op€rty bord€ring Nonh .{rm Bay, 3 poF uon of Lakc Minnatonke within iho city limit! of Orono. H. desited to dled8e lhe lrko adiac.nt to hi. ptoplrty in order l.o ob6in bort accest to tho pop€rty. He r.quircd a p€rmit to do so from ihe ]finne_ aolll D€psrunent of Naluml Raloutes IDNR) on Augult l. 1981. Tho P€rmit issued by the DNR wss expr*sly condi' :ioned on other goveanmental 3Pptovris oi r2 U.S.C. ! l9El (1982), rhu..nudins wclsh to nnomcr [.8 und.r 12 U.s.C l l9!E (1962).) I L O.o.o hrd.nstcd.n o.durn.. th r.qur.d . condnro.ll u* F.mt o dr.os. !n. l.l.ixi oI L c Minncronka wrthin rr. runsdicrron r)r- ono cny O..lin.n.. S ll.9l!lb)2. ) I t. W.l.h! rpF.l inn!.lh wr. to th. Uinn..or. Coun of \pp.tk. 8y o.d.r, !. sr.n,.d t Ptu' rion ibr rcccl.rolcd r.viN lnd corlolid.Gd hi5 tPF wnh thar of rhcCity oi orono lor conid' 't: !. tnri*ubh wll.?t r>38 Dledfng on ponion o, l*ebed ol r nr *:rble hke which encomposBes several different rnunicipal jurLdicuons is not I muxer of p€culiarly 1o(!l concein. }{.S..\. t lP..:I. 3. \!rit!bl. lvatcn -38llunriprliry is wirhou! jurisdiction, ei lhcr crplierlly or implicrily. !o regulaie ,lredgil1g ill public 'rarcrs becruse Depart. mtnt oi .\_rtural Rerourccs hrs cxclusilsju sdiction !o gmnt or deny d.edge per. mils :or work in public wsters as providrd bt'the lesislalure. y.S.-{. t! 1.1.02r. 11.1.. l:]I. l. Ialigobl. WBa.r. ,F36 Stc(ue Jrlinf crrJ powea io regulale dock! cl€arl)' allowed reBulstion by munici pll ordinunc€ ol locadon md lengrh, as wcll ll. n(her re$onable regulalions of docks exrending inro lake; hoy/ere., tha! 3Llute did not include dredging of lekebed lI3 a necessaril:i implied power in lunher- ince Df speciiicdly enumcmted poweB of conuolling dock consrrucdor. lengrh. and use. ll.S,.{. 5 {l:1.}.11. subd. 13. ;. r_!vl5!bl. Wlr.lt ei|8 Enrbling :rcr petmiltmg s rhunicipaliw lo r€gllhte ''useB of land lor ' ' ' Ilood contrcl or olher purp6es" erpressly dele- gated lrtld use reguhtioo to municipilities. but ii could oot r€dsonably be inrarprer€d lo include in implied po\rer lo regulale d.ledBrog in lakab€ds of public wsteB. Y.S..{. S 162.35?, subd. l. 6. N6vlrlbl. Wit.lt eN8 Cily ,lid cor harc implied power to !€guiaE d.ed$ng either trom lhe .rpress porxer Zlanted !o municipelhies ro re8llale rlood plainl by de Flood Plain }lsnege. fleot .lct or fmln the erprcss y)wer Lo reg'Jiirte ,:erBin land jo.en. to wa!€F wor's by '-\e Shorehhd lronagemeni .{c.. ]t.:.-r. il 10;.01 e! r€q., 105.185. ?. lluniclpal Corporrtlo eri00 lulhoriqr grinted municiprlitier under sra!u:d, vlz.. ro reguiate by ordihlnce :hc locrdon. consrucion :rnd use of ,iocks on l:10 }linn. il5; ),IORTH WESTERN REPOnTER..ld SEnr!:s l$l:Lsll v. CITY OF oRoS{) Ctr.rllt \,n:d lt, '\|rtr.. lra, )lin'l. l2l neccs$ry !o,lredge, riprap rnd rnsrall r pcrmlnent dock. Wclsh !lso. rs rerluired by jlrlc law, rerved rhe L3l€ yinneloni! Consenation Dislncr (LllCD, and the ltin- neh3hr Creek Ware6hed DisEicr (yCWD) notrce ol the pmposed dredging. Tie Citf, i ,)i)no ,rlrs . so mniied I copy Dl lhe DNR permit rpplicltion. Tho LIICD md $e IIC$D b,,th consenled Lo rhe dredgln{. The Ciry ol otoro iarled lo tile comhenr! wilh lhe DliR. ICWD or to LIICD regud- ing rhe lvrlsh rpplicdion. The D!.-n. "nod- fic:ltion ol permlr rpplicalion" to be 3err'€d upon locrl tovemmenral unit3 wher. lhe dredging would occur requ€lt€d, bui did not.equire. local cntities !o comment on $e rpplic.r.ion. Welsh onglnally submitted an applicarion to the {lhy od Orono for ! condirionrl use pcrmrt ro Jredge and riprap rhe lakebed adjlcenr Lo his propeny ro Bain bo access !o hrs laod. Ae cvidently ar rhat rime did noc requesl. spproval trom orcoo of a pl.n io inslail a p€rmaneni dock. Ihe phnn'ng commission of lhe City o{ orono considered and recommended d€niel ol the rpplicaiion. lvelch :heresite! submilred . modit'ied aF plicrrion. The planning commission again ylcommended deniai because t fel! a li& ioot do.k to reach nsrigrbl€ wster \r,as a .essonablo lltlmetivo lo dredging.t Th€ orono city council's considerrrion of Welsh's appiic.tion was dclay€d at his r€- quest for leveml monrh!. Ultimately, Welsh requ€srad th&! the applicedon be r€sctivrted. The Orcno ciry counc . with Welsh present. voted !o deny rhe .rpplicr- lioo in concegl Bnd r.questcd the city pl!n- ner lo ,imit 1 resolution of deni . The d.rii .eloluuon we! icheduled for review .)n .juiv :!. 198:1. .{hhouBh wclsh wcs nour'icd. \e ,leclined ro rrtend fiis meeting. The,:ouncrl, therefore. bbl.d rhe marier wrihour dkcussion. 0l1 September 13, 19!2. rhe cily council hcrFi ! iinrl rummary oi rhe evidence tnd lesiimony .eguding irs d€ni.l of rhe tiredg. ing germiL Wclsh wi! norified of fiis mcetiDB but chose roL to .rtt€nd. Bascd un lhir tcsumonl., of nd'iersc envimnm€nr.rl c!- Ierls oi ,iredBrng, rhe :rrrilabili.y ol ,r prr- mancnt do{k rlterrati';e. md cvidence of sufficieni cxisung waier dep* for navigs. tion. rhe .ity ('ouncil vored to dent rhe conditional ule p!.mrt. Pxsslrj! oi rhc res- olution of denirl prompled Welsh's sui! fo! Jech.aory rnd injunctrve reliei rn Hunne. pin County Di$rict Courr. l. On rpp€rl. orcno cl ms i! ha3 im. plied power ro reglrlste lBkebed dredging within its coryorule limits concurlently !o DNR regulation because of vsflour express legfulaLive delegationr oI power !o munici. palities of relsred subjecB. lt conrends the power io regulsie dredging b a necessary ihplication oi powe! to regulale rhe gener. al welllr€, dorxs rnd whanes, zoning, tlood plaininB :rnd shorelsnd. In the pasL thir court hrr reje*ed a similar argrmsnL whcro o municipsliw sough! to cxp.rnd jur. isdiclion ao license trad€smcn l! an rid to r specific staiutory gmr||. Se. ]linncto ka Electric Co, u. |'illag, ol colden Va,lle!, ,3 Iinn. 301, t.ll .\-.w.ld 138 [966). ltl A municiprliiy has no inheren! pow. e!s, bu! only Buci poweB as rre exprcssllr conferred by statute o! are implied irs nec- essary in aid of:hose power3 which are expr€ssly confe.red. Vilag. ol Btooklyn Cdter v. Ripryn, 255 llinr. r34.96 N.W.rd 585 ll959li yinn.tottka ElectAc Co. u Villag. of Cold.n Valle!, n3 ylinn. 301. l,ll N.lV.!d 138 (1966). U rhe acrivily b one peculiarly subjecl to local .egula. tioD-based upon lhe naru.e od :he ncririry and it6 cBtomary !fta of periormrnce- the n€c$s.ry implied powers in .rid of crrryina out express r(aru!or:.,power rs consEued liberallt'. However. ri ,r mlltr€r prescnLs :r stllewide pmblem.'he implied nece$8ry pow€ls oi r municrpolhy lo reg'r- Ia.c lrc nurrowly construed uniess ihe leg- isl3lurc hrs expresslt' provided .)therwise. Rippen, 2i3 ltinn. 3r i3i, gri )i.W.ld rr 688. t::l orono .lrrims r necesslry impli(r. tion oi its porver to rrBuluLe lbr thc gener. rl welf.re pro{idrd ttr in }li n.St.rr. i llr.l:l (lgsl) necessnrily rnclude! the regulation of lak€b€d drsdxing. Th€ grsnted po$er to refulale for hcrlth. wel- ture xnil $fety hls lcen broc,lly constnred to illow ftunicipal reguhlion und licensing of wholesal€ eigirette srl€s even thoush inodrer :ih[ute dxpr.ssly only conlemlht- ed rcr.ril reguhtion. Slo.lu t'. Crublree Co.. :ll3 yinn. 86, I5 N.lv.ld 98 tl9l.1). In thc insrlni c.se. it i! clear thaL drcdging on rhe poriion of lhe lakebed of a nsvigable lake which encomplsses seveBl different mu- nicipal jurisdicrions is no! a mrtt€r ol pecu- liarly locrl concem. Regulalion of ciga- .ett€ ssles in a muriciprlitJr hrs li.lle or no €ffect upon other jurisdiction8. In eon- trust, if . l poliiical subdivisions ldjoining Lrke llinnctonk. could .egulute dredging of it.! hkcbed. different portion! of the hke woul.l be rubject ro differenr and varied sBndr.ds and rcsulations. [31 ]loreove.. the legislature has clear. ly eslablbhed thai wlter rcsource conser. radon, ond prnicularly juisdiction of dredge permit applicalions, hur be€n dele- gsled to lhe DNR.s These statut.s vesting centrrl plonninS of llnd eontlol over the !. Thc pcnincnr $!tur.! r..d in p.fl followli Th. purlo! oi bu. 1967. Ch.pr.r 9o5 ir to c.nrr.lia rh. op.r.rin8 iuthorhy ot rhc d.. plam.ni of naural .$our... in . comfli} lion.r ud hir d€pqry in li.u of rhc commi$ 3io.c. !.d !.v.ral oFoti.a dlvilion.l di. reror' ro.@rdin.t rh. m.n.,!m.or ot rh. publlc do6.in; ro .llD'nnr. ,luplicrtion ol df6n i.d fu.ction: ndd to b6t '.M th. public in nr d.vlopddt ol a loq /.dt Ptuglm to .eE tu th. ndtval Boutc8 ol Minn.Sllr ! s{.024 {1982) (.ophlsir oddcd). ln o.d.r ro .on*^. :..1 uoliz. rh. $trcr r.our..r of th. sr.c in tir bti int.r.$. of rhe p.ople Di rhc n.tc, ind fo. ,hc parDo* oi p.oEorins rh. public h.tlrh, {f.'r !f,d lvcl b.c. ir ,3 h6cby d..iJrcd to b. th€ lolic! oi (tt Subje.t @ ertt],s nrl,tt rtl ?ubti! \ra- @t ard \e. radt t.. subiet to ttt. c itn ol (3) Th. ttat thallconiol dnd 'up.rh.. to lat B ptocucablc. r , a.[tn! \rhi.h cha rs cto$.t.ction ol public aat a ot w.tb",L. 11. staLe's wa(er resources in the D\_R prc. clude r inrerprcrnlion ,,f the generai wel. f:.re stlrtute Jii includinf the powcr ot a municipulily to regulaie dredging of waters wirhin its ju.isdicrion. [.ll orono further asserrs the express sufurory power .rurhoriring ii !o regulrte the locaiion, conslruction and use of pieB, dorks rnd whunes un nrvigrble wrters necess.rnly impli€s a power !o rPgulrle dredging. yinn.Strt. I {t2.::'11. subd. l2 ll982l. While the starute givin{ Orono rhe power to regulaae docks rle.uly rllows reB. ulrlion by municipal ordinance of th€ loqr. lion and lengrh. a! well .ls othcr re$onable rcBuladons of docks €xtending into L,rk€ Mino€rork we decline to stBiu $e melln- iog of that st3tuie ro includ€ dr€dging of the lakebed rs r ncressarily implied po$er in lurrhorrnce of thd spccifiully enumerrt. ed poweB of confolling ,lork construcaion. length xnd use. orono hus shown no nex- us between lh€ subjecr of the ltate r!:r.ute delegaling dock regul.ory po\r,enl to mu- nicipalilies lnd lhe cl.rin€d implied power to regul.ta the dredging of the lrkebcd of public walers. [5] Orono further claim3 ir has implied ruthority to regulste ,lredginB from lhe cludiry bui nd lioit.d ro rh. con$ructlon, Honirtucrioo, r.prr. ..movJ. .b.ndo.. m.nr rh. mrtinS of tnt olh.r .h..8., o. Ih. rrr.rf.. oi own.6hip of dur r.s*o,B, conrol rrtucLur.!. lnil wllerury obrtructton3 in.ny of lh. psbli. wrkr. o. edlrn.l. of th. Mino.Srar.5 t0t.38 (1982) (.mphad. id.led). Il ,h!ll b. uilr{iul for rhc trtr.. lnt P.r en, pinn.6hiP, .sciariotr, Priur. o. p!b. lic corpor.rion, counry, municrP.lny or orh.r poh,ol rubdrvFpn of rh. 'lbatuion rr!nd.. otrn' rrshir, or m.i. rnr ch.n8. rn rn! ..*.rtr'r. d.m or wx.tuiv obnrucno. on any publi. warc.: or ln rnv m.nn€., ro ch.ns. or Jidin. ish rhr cour*. crr.enr or €ro$*.xor of 1nr Dubllc sar.s, ehorlv or p.nly *nhn! rh. sr!r., b! rny n.rns, includlng but nor lim .d to. lillitrB. .i(.\itins. !. prr.r.s oi rn! !nrre. ri.lt,n or on rh. b.d3 oI puolic tr.r.r5. *rrh. ouh anlrcn ic.mn fioh th. comni$'on.r pr.uourlv rbo,ned. .{ppli.!rion fo. tu.h pcrfrn $!ll b. ,n s.irins ro rh. commErion. .r on to.mi t,r*ribcd 5! hin. !tinn.Srrr. I l0t.rl,:ubd. I (l9t:). t r. rhhoush r l5cf@r del t..ih @uld r.quir. ruch larii.cca h.d b..n s!.nlcd in rhc p$r rndr ron,nr !.dii.nc. r.r,.nc.. th. cry, ifi !tr woul.l b. !ppro!.d il w.kh i8r..d ro rh..I.r,nteorn fid.lrr of nr ct! plrlncr, rllcsed lltt Itttttttt I I I l:lJ Iinn. r.'ri r..o8Tu lvESTERli REPoRTER. ld sERtES \\IDLSH f.YtTY OF OROI\O llinn. 123 ck.rr5! t.\r.:d l17 r$lnt. t9i.r inili( e rhu! the drmsrcarion bctwrcn .,iY sute la* refl€ctlng public policy cleurly ai(ipul .lnd DliR regu6tion is ra the wr' delcgrte! to lhe DliR crclusive luthori.y te!'$ edg€. NR 8ll(cl(i)(cc) (1982), ftcodi. to Bmnt or deny dredginE penhits, st3t2 led at inn.Rule ti110.3300, subp. lC. hw ir al.o clerr thrt dredginS oPprovrl i. (lgli3l. conditional upon compliance with municiprl By ,nacring scciions ,1.1.0!r. 106.36 llnd regul.rlionr Soverning tlood plsin rnd 105.12. the legislalure ha. clearly es6b. shorehnd rreas. yinn.Stal 5 10{.04. lisheil lhrt i oriler to rc*$la(e, 3upen'ise subd. I ltCS!); .{inn.Stat, t0 105.12, 3ubd. Irnd ,iontrol public wrlerx ol the srarc. .rll 1x. f05.r86 (1982). rurho.ity ov€r dred{it* ahc Iskebe& of public wrrertt ig cenrralized rn rhe DNR. [9] Consequently, Orono doe! hrve jur- Thc duiies of rh€ DN-R wirh reipect lo !h! isr.iiclion to r€guhte disDosiaion of dredqe mirnlgement und mntrol of public w.tcr3 spoil eithcr upon the tlood plsin or Lhe is cleolly dominsnt. Municipaliti$ have no sioreland !re!s to iNure disposirion con- implicit po$er [tsoted to theh by the le,l!s- sistent with its flout plein rnd lhoretond ls.ure to gmnt Dr wiihhold dEdgins F"' lnonug"menr o.,linrnce;. rnd this would in- miti in public woi4rs. Tho trlll lourt co.' clude ihe type rnd lo.srion of any shore. rectly Jeterhin€d thrt rhe DNR has exclu' hnd riprupiing. It follows rhat !h€ r.rial rive junsdiction and ruthority to.re-gllo@ "o,rrcs_ o.a"" io O.nu !o relrain ..from fuedginE in bed! of public wslerr in Yinne' inrcrfc.ing,, wiih WelBh,s proposed ,lock 3ots llnd lhrt locol ordinsncd ol th€ City of Orono whiijh purpori to r"8\rlote such ,rc' ond ripmpping the 3horeland ws$ overlv alrly rre nuu irno vors. brood d must be vacrted' lnabling lct penn'rlinA $unicital :oninq. Minn.Srri. S lri2.$i..ulxl. I il95:.:r.. Thc city ilgues rhe ruthority to ret.ultle "the u.es o, lahd for ' ' ' flood conEol o? oth€. porpos€s' nccessadly includes rhe power to r+gulrt! lht lrlJllging nf i.rli- eb€d!. Th. zooinE stolut€ expressly dele- grre! land.ise reJ{"iirtion to munrcrl,Ili!:es. It ,:rnnot r€rsonlirly bc ink!pr{..t,"d to rn- clude iro rmpried p)w.r to regula@ dre,lg- ing in lakeberis of public wale$. (lil Orono further claims impli€d power ro regulsto dredging frcm rhe express pow. er grrnted !o municipaliti8 to legulote nolxl plrinc lly Minn.St-ar. ch. 101 rlgi:l Ithe flood PLm ]lanugem€na tco. Pu.su- mt lo $at r(. o.orc ho5 adopbd r flood phin munag"ment pkn. Oloro Zooing Code iil.3ti0- lgi. A flood p)rin b ,iciined in st t€ law ra !n arer "adjornina r w.!er. clune which hsr bcen or hemsfte! mty h€ covered by lhe regional tlood.' Mihn.St:lr. I 10{.02. suDd. 3 rlgtl}. The state law rlso defines floodw.y ar "$. chsnnel ol ril:10.56rr0. subp. , il98il). t)mno h&e pro- mulBa&d such condiilonrl or rp€rial permi! us€s within floodways, o.ono Zonin{ code ;11.832. Withm these conditionrl uses rs the p.ovision requirina Welsh !o,)btlin a permI ror 'ilredgng ,)r <rcurruion ol nrr- leriul irom my hkcbcd. pond. or werlrtul or from land rdjacont :hercto.' oroito Zoning ordinroce rll.8J:lbr!. DSR flood plain reguhrions. however, strle thut llry propoBed work in the bcds df public wrac.! to chMge rB toursc, curen! or cmss.section b "sub)ect to" the prov! sions of yino.Strt. ch. 105 11982), includins the DNR'. pernitting pro.els for dredg. ing. .5i?c ar.. Y R. Jllr(ll. ftcotli.licd trt Minn.Rulo til:0.5C00. subp, 6 (198;,); rsa olso }tinn.Str!. ! 105..12 lt98): 6 IIC-.\R L;0::! dl r€q., rerodirird al Minn. Rule 61I5.{r!00 .l ,rq. The D:,lR perrnitting aaaraute, howerer. docs requir€ thst rp proved ,jredging be completed in a msnner conristent with local tlood Dhin nanaBe- ment ar shoreLrnd managemeo! ordi nances. Minn.Stat. | 105.{2. subd. ra tl9E:l). The legi.lslure, in enrctinB l,finn.Sta!. 5 8.1.0!{ (1982) and Yinn.Strt. SO 105.58 .nd t05.12. subd. I (19831 mrde il clesr thrt !ll. public policy of ftis stst. is (hat the DNR is to hove cxclusile authonty to 8rant or deny p€rmit! for d!€dAing io lak. ebeds of public vateE. Thst being so, we decline ro judicirlly gt3nt ao implied power in ! municipality !o r.gulato ,lledging fmm lhs FloM Plein Ysnugernont .{ct. orono next claims rn implied power to regultrte d.cdging from the Shorel{nd ltan. agement Act. yinn.Sbt. q 105.186 r1982). This rc!. horveycr. iB e\pressly limired bv deiinition to th€ r€gulation Df cenain land sdjlcenr to wsrerwoys, nor !o l*ebeds. Minn.Sbr. t l05.r8i, subds. ! ind I llgsl)i NR 32(,1) {1982), n.odi6rd ri Minn.Rule (il:0.$00 il98r). Moreovcr. rhe rogulu. iioos enrcted pulsuana'o rection l05,l8i r.crcanon,.ri.uhur., ior.ir*. soil.onl.dr. rion, q.rc. .upply con*Ba o{ rho..l.ndr. ' ' ' J.cs o direr lsnlishr for olrr .r.rsy sti.m3, ' r t tlfl{ cont.ol or Drh.r psrtD*! rnd nr! *tablish e!n.d & lad prc.dur.i ..Cur inR 5u.h u*' the wotercourse and those porrions oi thi sdjorning flo.d plsins which rre reasonablv\ !!qui.ed to carr) lnd dilcharge lhe regron. trl t'lood." llinn.SreL I 104.02, subd. I r1989). PuEusn! to reclion 10.1.0,1, local govem- ment m.y d€velop tlood plein monsgc- men! odimncas which mey includc bur 1r€ not limit d uo "the delineslion of tlood plsinr lnd ,loodwaF," lhe 'prservetion of $e capr.ity of lhe flood pl:rin to corry rnd dilcharSe regionsl lloo&." rhd "hinimizr- tion ot flood hrz&d!," and the "regulrtion of Lh. use of land in the tlood plain.' Th€ rtate Dr_R hs! pmmulg ed rugrlc- tion! under th6 lct which. in part- :tuthonze lourl gov€mmlnt ''o en[cr slcrBl lermrt us€! ,rlrhin ih€ no(xl1x3y which hale low llood d.rln.ge potentisl and 'rill oo! ob. struc! /lood iows dunng u regi,)nrl iodd. N.A. sElbr rl9'12,. /?(odiird r. ltinn.Ruie 6, In D.ni..nr pat ,\linn,Slar. S 162.157, $ut'd. I For rh. purpox oa promorns th. rgol'ch.!lri, sld!, Bohl! rnd l.ncr.l i.iltr(. r nun'.ip.l,r, mry by orijina.c. i..{uh'. ' ' ' rn. !*r o,lrnd fu. rridr. ,ndurt.r...!Jcacc. ti,Sl :, The tnal cour! also en oin€d Orono irom "intertcring" with plaintiff's .fforB ro build r p€rmanont dock and place ripre shoreline protertion. Allhough Or+ no hls no lulhonl]' !o re8tloE€ dredging in the lskcb€d. thr le*isla$rre h&! Strntd il auihority to tegrlate by ordinsnce the loc& tion, constnrction ond usa of dock3 on pub' lic waiers wilhin its iurirdiclion.i ]rore_ over, ii ha5 bcen granied lcgislative author' ily lor locsl zoning. yinn StaL ! {62.35?, {nlxi 111983). The ruthoritv mnted lo municipaiiries Lrndrr this zoning stllute con re.sonably be inlerPreled to lllow Omno lo control rnd regrlnle lhe dilposition of d.edge sgoil or muricipslly'zoned land. In' ,lecd. thc DNR ,lredgin( pe.mir issued lo Welsh ii expressly condirioncd uPon prop€r spoil disposidon, Fu.thermore. rlthough 7. Vinn.Slrt. a rl2.l:1. {b(l 12 (l9l:, \h'(h n.duj.r c v rulhu tv ro rasllrr. Ih. ,.:'sn ."4 .r,-.n.-n. ,,r d*k., Drourd.r 1l iDllo\r: E..bod. ddl. flE .ounol 'h.ll h*c oo$.r lo.$iblrh h.tbor rnd dNk I'mrB rnd L' "r,lln.n.. rcfllrt rhe lc!fion conrrruc' rion .nd "* "t P,.6, deL3. whln'.3 lnd bo hou*r oa nrvrssbl. \tnr.r! tnd lir 6l€3 of *ha.tix.. Th. .ouncil n.y.o.iru.r und ma,ni5,n olbli. Jel$ rtrd rr .hou*s nnJ bv orrinrnci 3i;utrc Iherr usc. tlol 3. Welrh appesls frcm lhe trhl court's d€nill ot rttomey fees clsimed un' der 12 U.S.C. S 1988 (1981). Becrus€ Oro Do hrd filed it! notice of oppeal prior lo lhe tli coufi's order denying allomey lees Orono lrglrrs ihe trisl court wl! withou! jurildiction io m8ke any order or render .ny decicion .lf.c.ing lhe order rPp€5l€d froih. Star, u Rdnrlry, 216 ]linn l.t6. 12 N,W.ld 3.1? ll943l, owftLl.d on other grouils- Slala cx nL P.l.r?,on D. Andcr ,' ror, :10 Minn. 139, 19 NW.2d ?0 (1945). Even !e! xn spperl is p€rJected, lhe irisl court does retain jurisdiction ov€l metteB colhteml and supplement l to th€ d€cision otr rhs merits. Slo,s r,. Ro'rl?n 219 ltinn. lr0l. 31 N.1V.2d 36.1 (195i: rc. d6o yinn B.Civ..rpp.P. 108.03. Orono! zo.'na .odc Proqd.s ior pcdan.nt doc&. enhr^ th. flood pl.r. m.n4.m.nr ordi' n.n.$ ui rr..onrna.odc t p..mrn.nr do.k rt ! .ondnronrl u*. o.ono Zoniry Cod. Jl.' !31(b)(l). Ir 6.!, b. .lloe.d if ! condnbntl u! pcr6n h obllitr.d. orom Zootns Cod. l2.roo-..,n. ln .ddnion, if dck l.nrft .ic..d3 Orono'. ronrla !(n ..q!r.m.n6.. Lnrrh vr' i.ni. would be rcqut.d. O&no Zonins Cod€ lt.i00-.171. ttlltllllllllllllll ll:l )lin". :t;; .\..ORTII IVESTER)i REPORTER. rd SERIES sT. TE v. lAlRn.l Cx.rJ!! \.lr.ld llt rlrlnn, l9h, con{ictsd in lhe Dis- an Couniy. Harl ey A. Y inn. proccss scruliny .t5 iJthcr criminellll I This eoun hrs ndler rd,lresreil rhe tluesrion of umciinlss Df poroju,lqmcn! m,)- tDns lor artorney r'e€s under 12 U.S.C. t 108'J. Thr iederxl couru hrve resolred thc issue in several diiferent ways. See Sdte. ,'i,?,lil1,rr nJ P)rt.Jlutr tt'lt .llo- tlons lbt .ltlom(li Fc8 Ldet thc Citil Piqhls .lllnmcv't R,ps .{x,ards -1.t. 16 Yrrlpllr:Liso U.L.R$. r};; (l$82i. Somc ted- er: ,..ourtl havc .rpplierl 0o riln€ limits ro molions if cnaract..ized ]3 seiDx colllrlerrl rnd iodcpcnden! Df thc mctlls. Obix u Dtslnct :,1o. 0 ol lhc Inlcmaliorutl Aysoci- otio,t ol Jta.hinists and .lctospacc ll'ork. ..r, tisl F.Jd;?{ (8th Cir.lg8t) rTitle Vll}. We halc a,lopied the iupplemenBl or col- lat€rsl procecding rpproach in inrerpreting a stlte inveBe (\ondemnslion rttomey fee provNion. !-rcer,l, r, Cit! of Plyt,totlth, i}t.t .\-.lv.ld Jt5 r}lirn.I9Er). wc lhere held ! cluim lbr :rtromcy Bnd exper! wi!- ncss fcrs puNuirn. lo yinn.StaL { tl;.0.1; rl9tl2l '.hould be tre6ted..r s hilter ind€- pcnden! Df lhe Inent! ol lhe litiariion.' ll.l.l S.W.:ld ri 3!5. We pelceive no rerson why we should not lpply the $amc trl} pmach m resolving timelincss oi posriudg- meni motions ,or ritomdy fces undel 12 U.S.C. t 1988. Sioce r perilion for Ntlor- n€y fees is .ollar€rsl to th€ merit!, i! may b€ herrd und decided after perfection of an rppr.l by r psny. ll:ll W€ now tum io the meriB od Welsh's clsim lhat the trial court erred in denying him attorney fer!. The Con$es. rioml history of lection 1988 reverls thrt lhe rltom€y fe€ proyision wls primsflly enacled lo encour.gc ciril pdvate rttornet geneBl |lctiom !s entbrcement aids to the Civil RighB .lc!. S.R€p. No.9.1-1011.9{th Con(.. ld S€ss.. l-2. r€ptnl"d r,l [19?61 U.S.Code Con{. & .Id.\ews ;91)E. ;9t,9-10. -llthough *cth,n l9E8 lcrvcs an awrrd oi :rttorney fecs !o rhc discreiion of the court, lhc Unr.ed Stlies Sup.eme Coun rquircs rn rwrr4 Di .rttorocy fdcr ro .l prer.rrling ptlrty unlcss rpr,:id ciicuhstanccs would rende! |rll rw|rni uniusr. ,\'er'rran r. Pi.,r. llic Pqrk Entcrynset, 1ne. J90 U.S. {00. .t0:, i8 s.cr. 9rit. $d1;, l9 L.Ed.id llriJ ll9ri8). ll3l This case does not raisc u fundr. ment.rl .ivil righls issud ruch rs ro'.ing ri{h(s. jury o. .iob discnminatDn. rchool desc(resarion, or lhe like. Ttis is nor nn acdon for privste enforceme$r of civil rixhts. but ruther x prit'lt!d .rcriDn ,tuestin. ing u muricrpality's regulatory iu.Bdiction under s!a!e law. Thus, rhis rrtion is not wi.hin rhc rpinl of $ertiDn 1988 tte xw rds consirlenng the le,{islstive history of the hw rnd car€ interpreurlion. .lrorlir r. Hancoch, ltt6 F.Supp. {5.t rD.}tinn.l0?9)i Green v. Cafin gh.160 F.Supp. t193 (E.D. Vr.l9?8); Nu/rrle& \ City of .\*onrich, rJ3 F.SuDp. t:r69 (N.D.N.Y.l9?r); Eolald I CiLy of Rapid City, Sli l,{.lv.!d .tgri lS.D.l982). The essentidly prirrte tu[ure of Welsh's lcrion constitui8 sufficieni spe' cial cirrumstln.cs !o deny an rwlrd af sccuun 1968 fers. Bccruse thst B one of the :rhern:rlive reasors Eiven by lhe rrial cou!! for ,len.ving the rtto.ney fees. the order den!'ing lhem ccnnot be said ao bc in :rbuse of discretion. W€ affirm the trial court's order holding rhst l)rono lucked jurisdicdon ro deny :r dreddns pe.mit. We affirh the lrtul court's order denying Welsh section 1988 attorney lees. We relcn€ rnd vaqrle the lrial coun's order tha! omno refriin fmm ''interfering with'lvelsh'B a[l€mpr to build a perm&neni dork rnd place riprrp shore protection. W€ remdr to Lhe tnslcourt !o in lurn remsnd to the city council of rhe City of Orono to consider Welsh's applica. lion in respect to building ! p€rmonent dock, disposing of dredge spoil, .rnd npmp. ping Lh€ shoreline. Affirm€d in par!, rcversed in pun aod ST.\'l'[ ol. }linn.rotr. Responden!,u.S.C.-{. (lonsr.-\mends. ;. 1{. l. Constitution.l l,a, €rg. knew she w:rs requir€d {a€ncy rf .irild's thther tinued vugue Lion. demsnds tbr lizrblth .tnn IBARRA. .lppelhnt, J) Dofendan!, who admi d that she Nd. ('0-r'l-lj!t6. reme Court of \rinnesot .\uS.:Jl, l9dl Rehca g Deried Oct. 8, 198{ Defcndunc and thrt she knew be ineligrbl€ for IFDC benefits i hild's frther lived in denied on her applica- bsequent redetermiru- er lived with them, was nor rlcnied d s on iheory ihst eligi. bility requi ! of child's psreni's "con-t famili* with dcpe and she apperlcd, Coyne, J.. held thsc { . nrirtud thrt sh€ knPw to inlorm .t,lency if child'g ing wirh her wlrs not denied tric! Court, Wslo Hol,rn, .,., of wmn ully obrrining aid ro e from the home" was too brm basis for criminrl plos€cu- . S$ 25ti.1.:, rubds. U. 15, 156.- !8i C.A. ConsL.lmends. 5. lil inl Sccurily lnd Public W€lfar. Since gnr,.m€n oI prose.utioo of indi. als \rlho misrepresenl or conce male- fact! wiih intenl ol obtaining welfdre fo! which lhey know they rre b individual's concealmeni or mis' , r€cipienB of .{FDC or orh welfare remain within conlineg ng &3 lh€y respond honestly !o rgency's quearions and a childrcn benefi!s Supremc Courl, defendan!. who Common ordnsry meaning ol .\FDC two monih thst falher ded technical rep school rnd lived in city. Wahl. J.. dis ted with opinion in gmunds of vrgucnels of eligib menr of parent's 'conlinued the home"; tD cvidence wa! su suppo.! conviclion; (3) once St ie lishcd putotively abseni frther's or regular presence in home, it w required lo delve into father's re wirh child to show that there depri- vrlion of parEntal gui&nc€ or l{) Staie was required to prove neligrbilily only under program thmugh an! obt-eined sssisBncei war enaitled to reduction (5) def.ndont rcstitution for which Yetka. J.. ed,,f strlutes is that ihey must Consr.-\mends.;. Il n$titurionrl Lall, e!5E(l) Regulaoon which is used a-r basi! ior eligibility requir€m€ni ot child'! paren!'3 "continu€d ibsence fmm the home" ie clear, and lsck of kllowledge of tochnicol definhioo do€s not result in cnminsl liabil! ty. M.S.-\. !5 956.I::. suMs. U, !5,256.98i U.S.C.A. Comt.Amend!. 5. U. 5. Conllitutlonrl LNw e2?8.?(l) laled rs long lr. individu. rhcir lesponsibilily ro l. Conrtitut b€ lruthlul rnd ro ther household Gtnera ue p.oces' jrandurd denr.rld ll.S..{. 5 ::ir,.98; U.S i, I.l. !r8ue thaa 0cl30ns oi common inrclli U.S.!^ musr guess a! their mcrning!li. Social Sccurty rnd tbmaiion, and thus, due poft iny chaog$ in ditrons to rgency .A. Const.r\m€ndB. To convici defend|nt fo wronglully ol ble I liabiliry i! iubjec! to sanrc 'lue obtrining .{FDC benerits in' $2500, Sbte nrust pmve b€yond uoubt firl de{endrnt obBiDetl |- I r I I 1 I 1 I I 1 1 1 I I I I'l Lotr e!sE( :: ) D^vrD L. GMNNTS - 1874-1961 D^vD L. GR^NNrs, Js. - 19l0-1980 VANCE B. GRAN|._IS V^NCE B. GR^NNrs, JR. PATRICK A. FAlrrlL D^vrD L. GR^NNrs, Ill RocB N. KNr,.rsoN LAv, OFHCES GnaNNrs, GnaNNrs, Far.r.rrr & KNlrrsoN h.orEsstoN^L Assocr^TtoN Po6T OrncE Box ,7 403 Nor,vEsI B NX BUI.DING 16l Nor,nr CoNcoRD ExcruNGE Sorrr}r ST. P^uL MrNNEscn^ ,r07, TE-EPHoNE (612) 4rr-1661 August 15, 1988 TBlcoPtEx., (6t2) 45t-23r9 D^vD L. H^IL{EYE ETUorr B. KNEIscIr MtcH^E- J. M^yEl TIMC'THY J. BEG Ms. Jo Ann Olsen Chanhassen City Ha1l 690 Coulter Drive, Box Chanhassen, Minnesota 147 55317 RE: wetland Alteration Permits Dear Jo Ann: Pursuant to your request, enclosed please find proposed ordinance amending Chapter 20, Article vI of the City Code concerning rretland alteration permits. ery trul yours, GRANNIS, F S BY r N.Knutson RNK: srn Enc losure AUG i i: l9B8 ullY Cf CHANI.ASSEN ORDINANCE NO. CITY OF CIIANHASSEN CARVER AND HENNEPIN COIJNTTES, MTNNESOTA AN ORDINANCE AI,{ENDING CHAPTER 2 O , ARTICIJE VIOF THE CEANHASSEN CITY CODE CONCERNING WETLAND AI,TERAIION PERI,IITS Diggings, dredging, fi11in9 inincluding public v/aters tying wChanhassen. a Class A or B wetl-and,ho1Iy within the City of Section 2.passage and publication. ADOPTED _ day of by the city coun This ordinance is effective inmediate upon i.ts cil of the City of Chanhassen this, L988. CITY OF CHANHASSEN BY: Thonas L. H am.r lton, Mayor Don Ashhrorth, C I ty Manager THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chanhassen City Code Section 2O-42L(11) isanendEd-E6-TEEd: ATTEST: N% CITY OF EHANHISSEII STAFF REPORT P.C. DATE: Oct. 7, 1988 C.C. DATE: Oct. 24, 1988 CASE NO: 88-25 SUB Prepared b Y: Olsen./v Fz o =LL ko ld F- U) PROPOSAL: LOCATION: Acres Into Five 1, Chanhassen Lakes Busines Preliminary plat tIndustrial Lots an ubdivide 87.5ne Outlot OSdo Outlot A and tot 1, BlockPark Third Addition Opus Corporation 9900 Bren Road, Suite g00 Minnetonka, MN 55343 PRESENT ACREAGE: DENSITY: ADJACENT AND LAND ZONING: ZONTNG USE: IOP, Industrial Office park 87.5 acres N- s- E- w- BG& Lake IOP; BHi vacant Susan and Lake Susan park vacant WATER AND SEiIIER: PEYSICAL CHARAC. : 2OOO LAND USE PLAN: IOPi vacant Water and sewer are available to the site IndustriaL The site contains two Class B wetlands andone Class A welland and heavily vegetatedarea around Lake Susan and the remiinder isnatural open space. APPLTCANT: L-q vl RS F B 5 .l Iu,RIC E 4- R12 I toto ) RD !t 1l a #t c SY D a IOP x Rogrno,r-J INNEN Gttcl.z LAKE SUSAI( \ \ g6 TH ST PUD-R; at)z RSF o F trJG(9 VAR RSF PUD-A2 R12 € OI o RD L,TF Rosemount Subdivision October 5, 1988 Page 2 APPLICABLE REGULATIONS The IOP District requires a minimum lot minimum lot frontage 150 feet on public depth of 200 feet (Attachment #1). REFERRAL AGENCIES area of onestreet and acre anda minimum thelot Asst. City Engineer Park and Recrealion ANALYSIS The applicant is Chanhassen Lakes i nilus t ri a1 off ice Lot 1, Block Lot Lot I, Block Attsachmen t Attachmen t *2 *3 proposing Eo replat Outlot A Business Park Third Additionpark lots and one outlot. 1 5 7.8 acres 2 6.3 acres 2 L2 .5 acres 2 5.8 acres 3 3 acres 2 acres and Lot 1,into f ive Block 1, 2, Block Lot 3, Block Lot 1, Block Outlot A The proposed Lots I-3, Block 2, located in the h,esterly corner,are bordered by the railroad, Lake Drive East and County Road 17.Lot 1, Block 3 is located in the northeast corner of the site andis borclered by Hwy. 5, Lake Drive East and the extension ofMarket Boulevard. Lot 1, Block I is located in the southern por- tion of the siEe adjacent to Lake Drive East and Lake Susan.Outlot A is located on the westerly boundary of Lot 1, Block 1.Outlot A eras created to be transferred to Ehe city to be used foradditional parkland for Lake Susan. A1I of the lots contain therequired lot area, frontage and depth for the IOP District. Currently, the right-of-way for Lake Drive East is located alonglhe southerly boundary of proposed Lots l and 2, Block 2 and thenthrough the middle portion of Lot 1, Block 1. The preliminaryplat is showing the realignment of Lake Drive East to the northof its current location. The applicant is in the process ofvacating the exist.ing portion of Lake Drive Easts and relocaEing it as shown on the preliminary plat. The relocation of Lake Drive East provides additional land for Lot 1, Block l and maintains the large Class A $retland and one of the class B wetlands on Lot 1, Block 1. The City Council will review the vacation request acthe October 24th City Council meet.ing. The buildable area of Lot I, Block 3 is reduced as a result ofthe ploposed realignment of Lake Drive East the future extensionof Market Boulevard, Hwy. 5 and the Class B wetland. Lot I,Block 3 contains a Class B wetland which makes up the westerlyhalf of the lot. The site will have to maintain the front yaidsetbacks from Hwy. 5, Market Boulevaral and Lake Drive East. andthe 75 foot setback from the Class B wetland. It appears thatwith the imposed setbacks of the Zoning Ordinance, the buildablearea for Lot I, Block 3 is questionable without variances to thesetbacks from the roads and possibly a variance to the lvetlandsetback. Therefore, staff is recommending that Lot 1, Block 3 bedesignated as an outlot and be deemed unbuildable until it can beshown that the site could be developed with a plan that maintainsthe reguired setbacks. If the lot is approved as tot I, Block 3,the city is approving it is a buildable 1ot and improvement tothe site could not be denied. If the 1ot is approved as abuildable lot site improvements couLd infringe on the wetland andfront yard setbacks by receiving a variance since a hardshipwould exist. Park and Recreation Commiss ion The Park and Recreation Commission reviewed the site plan for Rosemount and recommended that 2 acres of parkland along Lheeastern boundary of Lake Susan Park be dedicated resulting in a$48,000 credit to park dedication. Additionally, the parli andRecreation Commission recommended t.hat the city include asidewalk in the Lake Drive East improvement project and that thedeveloper be required to pay 100S of trail dedication fees ( Attachment #3). RECOMMENDAT ION Planning staff recommends thefollowing motion: Planning Commission adopt the "The Planning Cornmission recofllmends approval of SubdivisionRequest #88-25 as shown on the preliminary plat stamped ',ReceivedSeptember 20, J-988" subject to the following conditions: I 2 Approval of the proposecl vacation of Lake Drive East. Lot I, Block 3 shall be designated as an outlot and deemedunbuildable until it has been shown that development of thesite can occur while maintaining the required sLtbacks fromthe roads and wetland. Rosemount Subdivision October 5, 1988 Page 3 Rosemount Subd ivi s ion October 5, 1988 Page 4 3 into a development contract withcity rrith the necessary financialinstalla!ion of the puOlic improve- 4 ' The appricant sharl obtain and comply lvith ar1 conditions ofthe watershed District permit ana bnn permit. 5- The Rosemount site shaIl address ar1 on-site pondinq resuiredto maintain the necessary water quality standirds *f,i.[-u."to be determined by the environmental issessment ,"ii"t".t. 6. The applicant sha11 provide the necessary construction andutirity easements as deemed necessary by-the t.""iuiiitv "t"avfor Lake Drive East. ATTACHMENTS Zoning regulations. Memo from Larry Brown dated September 30, l9gg.Memo from Lori Sietsema dated Septenber 2g, 19g8.Prelimi.nary pLat stamped ,'Received September 20, Igggn. The applicant sha11 enterEhe city and provide thesureties to guarantee the ments. I 3 4 ZONING $ 20-814 ( ARTICLE XXII.'IOP" INDUSTRIAL OFFICE PARK DISTRICT -. Sec. 2G8ll. Intent. The intent of the "IoP" District is to provide an area identified for large scale rightindustrial and commercial planned development. (Ord. No. 80, Art. V, $ 16(5-16-1), 12-15-86) Sec. 2G812. Permitted uses. The following uses are permitted in an ,.IOp,, District: (1) Ofiices. (2) Warehouses. (3) Lightmanufacturing. (4) Tlade shops. (5) Health services. (6) Printers. (7) Indoor health and recreation clubs. (8) Body shops. (9) Utility services. (10) Recordingstudios. (11) Off-premises parking lots. (12) Conference/convention centers. (Ord. No. 80, Art. V, $ 16(5-16-2), 12-15.86) Sec. 2G813. 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(6-16-g), t2-r5€6) Sec. 2G814. Conditional uses. The following are conditional uses in an ,.IOp" District: (1) Concrete mixing plants. (2) Communicationtransmissiontowers. +1227 C \x C CHANHASSEN CITY CODE (3) Public buitdings. (4) Motor freight terminals. (5) Outdoor health and recreation clubs. (6) Screened outdoor storage. (7) Researth laboratories- (8) Contracting yards. ' (9) Lumber yards. (10) Home improvehent trades. (11) Hotels and motels. (12) Fosd procgss'ng. (Ord. No. 80, Arr. V, S 16(5_16-4), 12-tS_86) State law reference_Cond.itional uses, M.S. S 462.8598. Sec. 2G815. Lot requirements and setbacks. e) (3) (4) (5) The following minimum requirements shalr be observed in an "Iop,, District subjecr toadditionar requirements, exceptions and modification;";; ,;;r; in rhis chapter:(l) The minimum lot area is one 0) acre.( The minimum lot frontage is one hundred fifty (150) feet, except that lors fronting ona cul-de-sac shall have a minimum frontage of sixty (60) l; The minimum lot depth is trvo hundred (200) feet. The rnaximum lot coverage is seventy (20) percent. Off-street parking areas shall exc€pt that,,o ."a" vad ili:li::.J::[ "i,i'l,J::l#:;';"",Tffi II"."J,*drailroad trackage; and, no side yard shall be required *frun ud;oi.,rn* commercialuses estabrish joinr off-street parking facilities, "";;;aJ,;;"tion 20-1r22, exceprthat no parking areas shall be -permitted in any required side srreet side yard. Theminimum rear yard shall be fifty (50) feet for ",";';;-J;;;;rtins an!. residentialdistrict' Side street side yartls shall be a minimum or i*"r,v-tir" (25) feet in alldistricts. Other setbacks are as follorvs: . a. For front yards, thirty (80) feet.b. For rear yards, ten (l0) feet.c. For side yards, ten (l0) feet. (6) The maximum height is as follows: a. For the principal structure, four (4) stories/fifty (S0) feet.For accessory structures, one (l) story.(Ord. No. 80, Art. V, $ 16(5-16-5), 12-rO-86) t228 e s 20-814 C CITY OF CHINHISSEN 690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Il,IEMORANDUM TO: FROM: DATE: SUBJ: Planninq Cornmission !,Larry Brown, Staff Engineer September 30, 1988 Preliminary Plat Reviee, for Lot I and outlot A, Block 1 Chanhassen Lakes Business Park, Third Addition Planning File No. 88-25 SUB' Rosemount, Inc. This site is located imrnediately north of Lake Susan State Highrday 10I. The site is varied in lopography mature vegetation scattered throughout. At present, serves as the City's park and pump house facility. and west of and containsOutlot C During the September 26, 1988 meeting, the City Council authorized a feasibility study to analyze sanitary sewer, water- main and constructsion of Lake Drive East through these proper- ties. Several of the issues regarding this site for utilities will have Eo be addressed once the feasibility study is completed. AE this time, general comments will be made which will need to be clarified through the feasibility process. wa terma i n I{unicipal ?sater service will be available to E.he site by Ehe extension of Ehe watermain along the proposed Lake Drive East. The site pIan, which is not up for approval at this time, indica- tes that the waEermain for the entire Rosemount si.te will be constructed by the City. It is unclear at this time whet.her the applicant is reguesting that the City do this construction as a public works improvement project. Sanitary Sewer Municipal sanitary sewer service Ehrough the proposed right-of- way of Lake Drive East will be anaLyzed as part of the authorized feisibility study. The applicant should note Ehat at this time the City has not been petitioned to extend sanitary sevrer or water service to the proposed building as a public works improve- ment project. Unless petitioned, it is the applicant's respon- sibility for Ehe construction of this watermain. If t.he applicant wishes to petition the City for the construction of these mains, the cost of these improvements would be assessed back to each of the benefitting property orsners. Planning Commi s s ion SepEember 30, 1988 Page 2 Gradinq and Drainaqe The proposed grading for the Rosemountappropriate for the surrounding area.existing ponds,,/wetland wiIl need to bewetland alteration permit process. site appears The intended to use be addressed through of the the The plans also indicate a future ponding site byUnless the feasibility study for Lake Drive East.wise, the City does not have plans for immediatethis ponding site. The plans should be revisedwater quality issues for the RosemounL site willadequately through the ponds on site. The proposed facility has proposed a water discharge to theponding sites, along with cooling towers. I have ievieweil theEnvironmental Protection Agency report for the discharge for theEden Prairie site. The report states that the discharge of waterfrom their facility is acceptable. The applicant is pieparing anenvironmental assessment worksheet at this time. the City.indicates other-construction of such that the be adilressed Easements Construction of utility easements will be determined through thefeasibility and plans and specifications review process. inefinal plat should reflect any permanent easements required by thefeasibility study once approved. Conditions of Approval 1. The applicant shall enter into a development contract with Ehe city and provide the city with the necessary financialsuret.ies to guarantee the installation of the public improve-ments. 2. The applicant shall obtain and comply with all conditions ofthe Watersheal District permit and DNR permit. 3. The Rosemount site shal1 address aIl on-site ponding requiredto maintain the necessary rdater quality standards which areto be determined by the environmental assessmenE worksheet. 4. The applicant shall provide the necessary construction anduEility easements as deemed necessary by the feasibility studyfor Lake Drive East. EHINHISSEN 690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317 (612) 937-1900 The Park and Recreation Commission recently reviewed the siteplan for Rosemount, Inc. Attached please find the backgroundinformation and staff recommendation to the park and Recreation Commiss ion . The Park and Recreation Commission rroved to recoflunend that theCity request the dedication of 2 acres of parkland along theeastern boundary of Lake Susan park, allowing a $48,000 credit topark dedication. Additionally, is is recommended that the Cityinclude the sidewalk in the Lake Drive East street improvementproject and that the developer be required to pay 100t of traildedication fees. CITY OF MEMORANDUM TO: Jo Ann Olsen, Asst. City Planner FROM: Lori Sietsema, Park and Recreation Coordihatorl l1DATE: September 28, 19 88 SUBJ: Rosemount, Inc. ( Park and Recreation CommissionSeptember 27, 1988 Page 2 BACKGROUND RECOMMENDATION 330,000 sq. ft. buildingThe HRA has beenthis company as it rdill $839,000 in new ( Rosemount, fnc., is proposing to build aon the property next to Lake Susan park.working to provide incentives to attractbring 700 new jobs to Chanhassen ana ove.taxes annuaIly. In early 1988, the park and Recreation Commission made applica_tion to lhe Department of Trade and Economic oeveropmen['ioi ttr"park development at Lake Susan park. part of that park designinvolves boat access on Lake susan. ttre :.ogicai-pri..--t"-irt tt.access would be along the east boundary of ihe p"iti-t"r""E.,doing so_rould requiie the removal of i stand oi large matuie oattrees. staff has fert thar the acquisition of "aaiiionii-i]na tothe east. would allow us to construdt the access withoutendangering the stand of trees. rn conceptual discussions, Rosemount has agreed to dedicate the 2acres-needed along our eastern park boundaiy. tney wouia-expecta. credit on park dedication fee-s for the amount the rand cost!l:*:.!21,000 per acre. This 57.7s acre projecr ,""ia s"iJiut.rbu.,bJ/ rn park dedication. with the dedicaiion of 2 a6res ofparkland, the balance due would be S12,637. The Safe Sidewalk and Trailway plan sidewalk along Lake Drive EasL. Asconstructed by the City, a credit onwould not be appropriace. ca1ls for an off-streetthis streer will bet'he trail dedication fee rt is the recommendation of this office to request the dedicationof.-2 acres of parkland on the eastern boundarli of f,af<e Sus""Park, allowing a 948,000. credit to park dedicition. aaaiti"n"rry,it is recommended that the city inciude the sidewalt< :.n itre-r.areDrive East street inprovement project and that trre aev"roper uerequired to pay 100t of the triil-dedicarion fee ($20,,i \:- t CHANHASSEN PLANNING COMMI S S ION REGULAR MEETI NG SEPTEMBER 21, I9B8 Chairman Conrad caIIed the meeting to order at 7:40 p.m.. David Headla, StevenPRESENT: James Wi ldermuth,tsrian Batzli and Ladd Conrad Emmings, AnnetteMEMB ERS EILson, MEMBERS ABSENT: TJm EThaTt STA!'F PRESENT: City Eng i neer Jo Ann Olsen, Asst. Cjty planner and Larry Brown, Asst. TH IOI REALIGNMENT, UPDATE. E red Hoisington realignment. Fred Hoisiogton: Ladd, as i.t turns out, in the course of the evaruation,there are very few negatives about that. one of the negatives is thataccessibirity to existing businesses will be diminished to a degree overwhat it is today. Businesses exist here and putEing the north J-eg herewith no connection to lhe south, means that we are somewhat detacii ngthese from the mainstream. Especiarly if the traffic is moving in a-westerry dir3cti.on. you can't get into this area. r guess of alr thethings we're considering, 13 different criteria, that,i th" one that'sprobably the most concerned witir. Emmj.ngs: I'd just l.i ke to ask you, in che Minutes of theIooked like you hrere presenting them four alternatives. presented the seven alternatj ves for the TH I0I Whatrs the negati ve r.rith that proposal Fred? Whatrs wrong with Ci ty Counc j. I , j. t Fred Hoisington: Steve, at that point we were. Emmings: Can you tell us which of Ehese four we presented to them? was referred to as theone I 6. Mi tch Watson: Number 3soIution... Conrad: ir? Fred Hoisington: This was, thefourth alternative is now number Fred Hojsington: rece i. ved the more thi nk tha t Emmings: I suppose I $ras I? Fred Hoj sington: 1 was I. This one was number 2. Fred, was the 2nd alternatjve.The recommended Emmings: I just had trouble connectj ng up the Councjl's commentsplan wiEh the ones we were looking at but if you canrt tel,I us. on thc Thjs one that is the sjxth alternatrve, is the onefavorable comments from Ehe CounciI. There hrere 4 that Planning Commission Mee t j. ng September 21, 1988 - page 2 members of the Councj I present at thaE Enmings: Was what is now 2 presented sessi.on. to them? for westbound traffic that pract i ca 1? Fred Hoisington: Yes, jt was. As a matter of fact, that alternative, Irmtryi.ng to remember the history of this, actually came after the Councj Imet. We presented it to them on the l2th but it came out of the prior meeting after the meeting in discussion with the nejghbors ouE in thehallway actually. So it $ras one that sort of evolved out of the process. Headla: On the Alternative 6, the furthest intersection to the east, you had blocked off that total intersection? Fred Hoisington: This one would be, at least the eray we're showing it andthe way itrs going to be evaluated, is it would have rights in and rj.ghtsout on both sides. Both north and south. It would have a median i.n themiddle however. In other words, traffic could not go straight across. Headla: Djd you consider hand turn there, or isn't Fred Hois j ngton: Wescboundto make a left turn until it back. to be able to make a left traffic in this alternativegot to this point and then one. approach it from that not be ab le have to coine way. A1l the would would Fred Hois ington: Those are a ljst that really evolved over, because ofthe Planning Commissj.on meeting. Because of the neighborhood meetings. The two that we nad prior to j.t and the busj.nessmens meetj ng that occurredbefore we came to the Planning Commission. Then the Council has had someinput j.nto that as well so it,s kj.nd of been an accumulatj.on of j.ssues that vrerve finally put together and jn the end represented a lot ofinterests. Conrad: Some comment.s on thi.s. I think vihat I see is kind of a mi shmashof stuff here and Irm not sure what is defj.ned or what is meant by certainthings. Some th j.ngs, it seems Ehat, L j.ke number 1I, MnDor acceptance. They have to accept it so r.rhy j.s that a criteria. Ered Hoisington: That onets been dropped out. Thatrs a must. Conrad: Traffic safety i s aga j.n. . . Conrad: Ered, the crjteria t.h3tthose your criteria or are those Ered Hoisjngton: Conrad: What I Werve also dropped donrt see in there, the City Council is goi.ng through, are thei rs? tha t we ' 11, Fred rest Hoi.sj.ngton: of them are You I ve gotten allstill there . the ones werve droppgd out. Planning Commj ssion Meet j. ng September 2I, 1988 - page 3 Ered Hoisington: Number 14, what is number 14? Conrad: Development impacts. Ered Hois j.ngton: That,s where we,re Conrad: Good land use, nov, I don,t see a category, and the reason I neverliked the south route, r should not telr the neighbors this but the reasonr didnrt rike it, it did not look ri.ke good rand use. we .,^rere duplicati.ngroadways and trying to make TH 101 into a real nice highway when itdoesn't deselve that, in my estimation. what I saw in a lot ofalternatives were bad land use. We were taking land that could bedeveloped for otsher reasons, and I don,t see, from a plannjngstandpoint, I donrt see any criteria that says this is the best use ofland- Very definitery sone of the arternatives that run the road, run THr0r into the neighborhood is not a good use of land in my mind and on thatparticular criter ia, would score very low. Conrad: Who knor.rs the def ini tion of Ered Hoisington: I do. Conrad: Does the City Council, rrhen they goto have 6 alternatives and they,re going toscale. Do they know what these mean? coveri.ng the land use impacts. r"rhat these are? through thj s, score these on they're going a 1to 5 rating Ered Hoisington: They are looking at them in the most positive sense.Based on our di.scussi ons with them, they're looking at those, for example,minimizing residential impacts and they're giving us general impressioisof what those mean and we're feeding that back. ,le, re trying to read whatthey're saying, what t.hey,re reading into those and try to define thosefor you. Itis really a scoring system. They're $reighting those criterianow and then $re have a scoring system that really js ]ike this. BetEerthan the existing condi tions or at least as good or better get a certainnumber of points. That wirl be multi.plied ti.mes the weight. The middrenumber Js, whatever that happens to be, in thjs case it,i a 2 as opposedto a 4 which is the first one, is acceptable. Then zero is kj.nd oiunacceptabre. r think we all haye a fairry good understanding of rdhat thedefinitions are. At least I hope I'm reading the Council coriectly. conrad: rrm going to have a real probrem because the development impactto me includes a lot of stuff that's far more important, and we get backto weight and obviously.they,re making the final decision here but goodland use, Irm not sure that thatrs covered and planning Commission isconcerned vrith land use and it,s not in 15 poi.nts here Ered. It,s justnot. Providing for separati.on of rand use. Again, the di fferent uses. rdonrt know that that's in here. again, as planners we care about howclose we bring things to nei ghborhoods. we rike to separate differentzones as much as possible. I^Ie don,t like high intensity close toneighborhoods. rt'!s covered by residentiar impacts rrei but again, in mym.rnd, the concepts that $re try to enforce herel rrm using diff6reni wordithan vrnat I'!m seeing here and it kind of bothers me that the city councilis going to look at some of these thjngs and they really aren,t. We,re Planning Commission Meetj ng September 2I, 1988 - Page 4 looki ng at planning issues, says these are planning. Ipoint in time Ered. and Ir:n not seeing the words on the paper thatdonrt see the categories quite right at this Fred Hoisington: Let me give you a definition, for exanple residentialimpact. The way the categories break down or the definitions break downon the scoring breaks down is essentially this. That there would be noadditional traffic impact on Lake Drive East than would be inconsistentwith the present collector street classification for that street $rhjchalso translates into noise being closer to those houses and really thoseare the tr.ro factors that are most important when it comes to traffic. As opposed to bringing it nearer to the remaining houses, as opposed tohaving it basicatly in it's present alignment of TH 5 so we are very muchconsidering those kinds of impacts Ladd on the residential areas. The one we had trouble with was, j.s the taking of residences a res jdent ial impact? So $re struggJ-ed with that back and forth in definition for quite some timeand we concluded that that was probably under number 14 as opposed towhichever one talked about...and dealt exclusively with remainingresidences, in thjs case, and the impacts that would be. Because if weinterpret what the Council told us to be, we,re concerned about thosepeople on the south side. So yes, vre have cranked that jnto thedefinition so we hope read the Council well in doing that. Conrad: So wj.th each crjteria, therers a definition to that criteria thatthe Council wiII read? Fred Hoisington: That is correct. Conrad: And $rerve thrownweighti ng? out the ones that are absolutes so they're not Fred Hoisington: t{ith one exception. We probably should have thrown outand that had to do wjth the adherj.ng to schedule which at that tjme we .weren rt sure whether we could r^rith aII the alternatives but now we feel ,and tomorror", vrhen we ineet with MnDot wetll confjrm, hopefully to stay onschedule with all of the alternatives. So vrhat it's done is it's becomemust in the process and we coulcl have eliminated it but we didn't knoe, itat the time. a Conrad: And definiEions? you're telling me that my concerns are covered i.n your Fred Hoisjngton: Conrad: Okay, any Your concerns are covered. other comments? Fred Hoisington: Let me just tell you that we have, from a traffjcstandpoint, MiEch Watson from Benshoof and Associates is here and we havelooked at the traf f ic level-s that witl be on Lake Drive, oo TH 5, TH I0Ias a result of all this. t{e rve cut a window in the community and we knowwhat the traffic volumes are and a].I are going to be on all those streets and we kno!, that all five of the alternatives that remain, not theexi.stj.ng condit j.on and not number 5, the north Ieg optjon, aII of them Planning Commission Mee t j. ng September 21, 1988 - page 5 work and the level- of service on 4 of those 5, in all but oneintersection, is level of service D or better. so from thatwe know now from a traffic standpoint those will work. Conrad: Itrs just a real absolute that bringing TH 101 intois a good move in my mind. Therers just no douUt about it.think of how to move traffic and give them the availabi. IityChanhassen in the future, that,s real smart. That's reallycouple weeks that we've played on this, that's just nice toplan. sEandpoint, Market Blvd. When you of downtowngreat. In thesee in this Emmings: I donrt know anything about a lot of these factors.so I can,tmake any kind of credibre assessment of these plans. r donrt know abouEproject costs or thi.ngs li.ke that but it seems to me 6 just plain makes aIot of sense to me. It also elim j.nates a problem yourve got with a badpart of TH lgl. It straightens that out. It brings it in in a nice placeand I think that just Iooks I j.ke, jt,s basically the north leg option butit's been i.mproved by moving it to the hrest and straightening out TH 101. Emmings: That was part of the conference center. Conrad: It was part of the conference center. Olsen: Sunnybrook, yes. Conrad: But anyway, therers some negati.ves. Hnmings: The only other question that I thoughtthat is attractive from some points of view butthis one, number 5. was, 2I Ehink is another oneitrs inferi.or to Ellson: I agree with both of you. I think 6 is the best and I guess Irmreally proud to be associated with this planning group because they tookthe comments from everybody and ti'rey could have noE done much about it andthey went back to the drawing board and they spent, I know a lot of hours,coming up with the alternatives. I think werre a1I happy to see that. Ithink it's going to make a win-win situation for most of the people. Conrad: Unless you oern the McDonalds and I think McDonalds, there are some negatives with some of the designs for certa in businesses. Batzl j.: I guess that was goj.ng to be my onJ-y comment about option 6. Ithink it is the best of the options and I ttrink from a drawbackperspectl.ve, I think McDonalds, Dataserv, some of them are going to have atougher time getting access. Theytre going to be wind j.ng around. Conraci: ftrs going to hurt thejr business. Conrad: There will be some environmental impacts on 5 but I think in thelong run, vreren I t we going to put a grismill in that wetland Jo Ann atone point in time? Wasn't that where we were going to have the o1dworki.ng mill in the wetland? you donrt recaII that? Wildermuth: I agree. Somebody coming west on TH 5 tryingDataServ, whatrs going to happen wander around through theto get to that business. Itrs probably gojng to result jn of truck traffic. I guess that's the down side but otherthink the plan looks, or appears to be the best of the G. to get to neighborhoodsa fai.r amount than that, I Ered Hoisington: Can I just comnent on that case? There will be anintersection at Dell Road or 184th which means that the accessibi. li.ty willbe much better in the future than we can imagine today. Headla: That's what IEventualIy, wonrt that r.ras going to ask, about the road to the east. be the intersection... Fred Ho j.sington: yes. Headla: Fred, I can see why they hired you. you,ve done a goodgetting some different alterantives. I,m certainly pleased thatup erith 6 that are at least feasj.ble. What about in the future?say 10-15 years from no!r, as more traffic grows or is it going towiIl traffic might 90 to some other highways? job here you cameLet's grow or Ered Hoisington: Yourre on a growth curve here that's going to last for,yourre really on the front end of it David. you're going to experiencethe same kinds of things, maybe not quite to the degree that Eden prair iehas been going through since 1977 so they,ve gone through an unprecedentedperiod of lI years of significant groerth and we think now that you havethe critical mass here that j.s going to continue that growth cycle here. Idonrt know that you can avoid that. Yourre just in a corridor and yourregoing to inherit a whole lot of things because people $rant to be oul here. Headla: So traffic will continue? Fred Hoisington: Traffic will continue to gro$r. highway system, when you look at the studies thatsigni f i cant . The numbers on have been done, the are Headla: We donrt have our monit.ors on.werre talking about? Number 6. Do the people here know what Fred Hoisington: At least the public who was involved. Uli knows aboutalternative 6. In fact, he sat through aII of these. Headla: Is there a real problen with Alternative G? Conrad: I think a real problem is taken care of from the residential areaon 6 and 7. I think it geEs back to the commercial aspects. The businessaccess and I think McDonalds is the primary one. I think Dataserv and theothers wiII, there will be sources for access but in fast foodrestaurants, winding through and getting. t'ast food is a business thereyourve got to have immediat.e access and they're not going to be pleasedwith any of these accesses that close down Ieft turn into the site. Okay,Fred thanks. Jo Ann, anythj ng eJ.se on this item? We gave you more comments than you wanted but I think ere wanted to. Planning Cormnission Meeting September 21,, 1988 - Page 6 A B Fred Hoisington: Counc i I . And we appreciate that. The input is of value to the ROSEMOUNT INC. PROPOSAL: REDEVELOPMENT PLAN AMENDMENT, CITY OF CHANHASSEN. REVIEW LAND SALE AGREEMENT. Fred Hoisington presented the staff report on this item. Conrad: There is a resolution in front of us. Are there any questions? Emmings: No, it seems like a good thj.ng and appropriate to me. Wildermuth: Are we, as part of this consideration for the ...sourceprogram or is that strictly the City Councj.l? Conrad: f donrt know. olsen: The influx of source permit? Wildermuth: Right. Are we part of that consideration? olsen: we donrt even have to do that r j.ght now. Fred Hoisington: At this point in time, that is not requi.red to prepare thi. s waiver. Resolution #88-2: Commission approve voted in favor and Enmings moved, Wildermuth seconded that theResolution #88-2 as presented in Attachmeotthe motion carried. PI ann ing+2. ArL Resolution #88-l: Ellson moved, Emmings seconded that theCommission adopt Resolutjon #88-1 finding Modification No.with the plans for development of the City of Chanhassen.favor and the moti.on carried. PI ann i ng 8 consisteot AI1 voted in 7 AND HWY. 41. : ON PROPERTY ZONED SUPERAMERICA, LOCATED AT THE SOUTHIIEST CORI.IER A CONDITIONAL USE PERMIT REQUEST TO PERMITBH, NEIGHBORHOOD BUSINESS DI STRICT. SIGN SIGN OF Hl,\iY . GAS PUMPS B VARIANCE REQUEST TO ALLOW A 45 SOUARE EOOT GROUND LOW PROFILE INSTEAD OF THE PERMITTED 24 SQUARE FOOT GROUND LOW PROFILE SIGN. Planning Comm j. ss i on Meeting Septenber 2I, 1988 - Page 7 C. SITE PLAN APPROVAL FOR A 3,200 SQUARE FOOT CONVENIETJCE STORE. Planning Comm i ss j. on Meeting September 21, 1988 - Page 8 Jo Ann Olsen and Larry Brown presented the staff report on this j.tem. Conrad: Wer l-I open it up for public comments. I know we've heard a lotof comrnents before and I think SuperAmerica has made some changes. Ithink the one thing as we Look at a conditional use permit here, itappears that most of the communities, comments in some areas and maybestill not happy r.rith the gas station there but most of those areas that wewere concerned with, traffic flow and light j.ng and barrjers and thelandscaping plans and disaster recovery type situations, it appears onpaper that SuperAmerica has handled that. One issue that has not beendealt with by staff or that has not received a yea or a nay on what wehave to look for is the hours of operation in the conditional use permit.werre comfortable lvith 24 or if we feel that for the businessneighborhood, that thatrs appropriate. I think you all have to rememberthat werre talking about business neighborhood use here and make our comments based on that land designation. But anyway, we'J.l open it up forpublic comments. If there are any, werd sure like to hear your commentsand hopefully yourve had some insi.ghts into what SuperAmerica has beenproposing and seen their recent plan. Are there any comments? Ben Gowen, 6449 Hazeltine BIvd.:traffic flow. Is there any way po int? I'm not aware of your that I can become aware Actually you could have my nanual right here, if maps andof it at plans forthis Conrad: Ann, what and send you'd 1j. ke . Jo collect themare them Olsen: He can have one. We've got extras. Ben Gowen: Then ItlI have to ask him a guestion. Is that it? Conrad: Ask him. we going Eo do with these? Are you going to onro City Councj.L or could this gentleman? Conrad: Itrs a pretty thorough. If baII counts, it's a pretty thoroughsurvey and you kind of have to be a traffic engineer to analyze some ofthe stuff that's in here. Thatts why we have our own engi.neer review thisand tell us what it realJ.y means. What he,s saying, and without being anengineer myself, I have to take our consultant, our engineer,s word f6r itthat the traffic flows and the patterns created are acceptable based onour standards. Ben Gowen: How station? There canis you have a single entrance and nono exit thaEts public property.exit and have a gas Brown: There is a proposed exit on TH 4L rigbt now. Ben cowen: That is private property. That is part of the proposed,existing shopping center that eras supposed to have gone in last Junevery brushed area. Nothing's happened. you can not have an exit onprivate property can you? That,s a straight question. Can you, yes no? non -in a or Planning Cornm j. ss ion Meeting September 2I, 1988 - Page 9 Brown: Yes. Ben Gowen: You can have an exit on private property? Brown: Correct. Ben Gowen: donrt think Ben Gowen:that werve I doubt it seriousl-y. Whether yourre an engineer or not, Iyou can do that.. Olsen: Just for clarification, the development of this site is alsocontingent upon development of the HSZ site. Ben Gowen: That becomes private property. SuperAmerica is goingon private property. You can not do that, I do not believe. you you can? Is that a yes or a no? Can you use private property? to exit think Olsen: Theyrll be able to use that exit. Emmings: Let's say that the shoppj.ng center never got built and you.vegot, so we've got a gas station sj.tting out there all by itself, which iskind of my fear, but even if the gas station doesn't own that property, they could buy an easement from the landowner of the HSZ site. They canbuy an easement from them to have access onto that road and as far as Iknow, there r,rould be nothing wrong vrith that. That may be, but doesn't have been fed for the last summer? defeat all of the HSZ propoganda Emmj.ngs: Yes. Ben Gowen: What are we getting here? what they r^rant to do? Thatrs not f air Emmings: the answer But you asked a question, to that is yes. I don't Without an easement they It's a rai. lroad andto anybody. anybody can do can they go out that way and I think see any reason they canrt. can I t.Ben Gowen: Conrad: Theyrre not going to be able to buj Ld withoutcanrt put it up unless therers access. an easement. They Ben Gohren: HSZ owns that property and SuperAmerica is going to use it fora public road. I don't think you can approve that. Olsen: Theyrll, have an agreement, a cross easement. Ben Gowen: No, you canrt do that. Yourve got to have access to your own Property. All theyrve got is a highway entrance. They have no exit. Ben Govren: Has HSZ okayed the easement then? yourre geEting the cart infront of the horse here. Planning Comm j. ss i on Meeting September 21, I988 - page l-0 Emmings: Why donrt r^re ask them what their arrangements Randy Peterson: Vle have a easement and yes , theycross thisBen Gowen: I disagree with procedure tota 11y. Don Dudycha: Is that turn Avenue and the other road, Brown: That is correcE, Don Dudycha: don't have to been surveyed Don Dudycha: anot.her thi nggoing in andgoing to be. . I thougnt that was supposed to be erorked on toogo off of suicide 7. It.'s still the same way.or nothing. are. have approved it. Iane then still going to be off TH 7 on Oriole64th going to be cul-de-saced? so that you Nothing's Tha t I s the cars that I s Doo Dudycha , 5451 oriol-e Lane: The last time you were here you were goingto buird a shopping center, which is true. Those other two rots $reregoing to be vacant. They were going to be reft. Nord how come they threwthe shopping center around and put this in there? Are hre still go-ing tomake that reft turn rane out on TH 7 onto oriole Avenue and close ofi64th? what are they going to do? Are we sti.rl going to be sitting thereand all the traffic going around us or what? Brovrn: The shopping center site has gone through all the hurdles.Theyrve submitted buirding prans. They are desparatery seeking a gradingpermit to starc grading. They have received a letter of intent ofapproval, as I stated in my Iast memo, from the Watershed District. Thewatershed District, unfortunately meets once a month so thatrs a defjnitetime crunch. Their next meeting is coming up, as a matter of fact itshould have been probabry last night. r,; alsuming that they got approvedas stated in the watershed letter. That's the hurdle that they,ve blenwaiting for and they will start consEructj.on soon. Brown: They have surveyed it. The city has noE arlowed them to start&rork until all the documents are in order. I don't agree with putting a gas station in there.thatrs going to be all night. yourre going to hearout. Noise and everything else, I don't think that Headla moved, Batzl i favor and the mot ion to close the publ i c The publ i c heari.ng hearing. AI l- voted in was closed. seconded ca rr i ed. Headla: As you I re now... easEbound, after you turn out to go into the station Bror.rn:No, I believe page And that, for alL l of your pract i cal plan shows a right-i.n onto that site. purposes, approved?HeadIa: Planning Commission Meeting September 21, 1988 - Page 1I Bro!.rn: I talked with MnDot there aodpermit. They have guaranteed us that the final steps of those permits wi l1 i ssuJ. ng for abe i ssued . Headla: Okay, that was one concern you had. Another concern you had wasthe traffic Aoing in and out onto TH 41. The more you thought about it,and I had a hard time with it but no matter what we do in there, we,ve gotessentially the same type of problem. The way theyrve looked at it, th'eysaid they don't see a problem with the type of busj ness SuperAmer j.ca is,I've got to support that. The other one I had a big concern about is thenoise. The last time I said, I really used as my to develop an opinion isat TH 5 and TH 4. The SuperAmerica there. I have a friend that lj.vesvery close to that and he was complaining about noise. But $rhen I talkedto him, part j.cularly this summer during the warm weather, he said no, thenoise isnrt from the station, it,s from TH 5. I talked to him more aboutit. He couldn't identify a problem with the station itself so that kindof swung me that I think SuperAmerica is appropriate. I have no problemwith the 24 hour operation. I see filting stations all open for thenight, in the wee hours of the morn j.ng. ...donrt hear anything so whereIrm coming from, I donrt think there is going to be trouble due to theoutset and I don't have trouble with 24 hour service. Wildermuth: The app).ication in this case fits the zoning. I think theapplicant has demonstrated very good faith and meets the criteria that we've set up. Itrs an intense use of the corner but as Dave said, anyuse, any commercial use for that corner would intense use. I guess myquestions vrere satisfied. Batzli: A question first for Jo Ann. Are the plans that we're lookj.ng at nor., August l5th plans? The amended plans? OIsen: Yes. Batzli.: the July that vre make reflect the amended plans, not Olsen: Right, those should be changed. Batzli: Yourll have to forgive me for some of this because I wasnrtat the previous meeting when we discussed this but lights on the gas canopy being receeded into the canopy. Is that really what $re careso much as where the light goes after it comes out of the light? he re about So should the mot i. onsIIth plans? O1sen: Receeding it, further buffers it. when you drive by, when theyrrenot receeded, you're st ill going to see that. The light may not begenerated that much off site. But the receeded Iights seems to make itIess of an impact to traffic driving by. It does make a difference. Batzli: I guess my point is this. You can have a receeded Iight andstill have an angle for view that is just as great as if it wasn'trecessed. You can have it recessed with wide dispersion bulb. I didn't know what that was trying to do r,rhen I read it. I assumed that it wastrying to keep the Iights to a minimum so as not to be intrusive to thehighway or residential or wherever yourre trying to keep it from. Olsen: From the highway and the neighborhood.not intrusive to the whole area. Olsen: By having a lighting plan, were to do... Werre just trying to keep Batzli: Have $re ever used wording Iike that before? Saying what $rerealry mean instead of tarking about where they can put ihe-tigntsa orsen: we did have them provide us with a righting pran to show theextent of the rights and that was our way of insurin! that it wasn,tto be a hazard to the traffic on TH 7 and tH 4r nor iourd be seen byneighbors. That site pran and that tighting plan has shown that that$ronr t happen. Batzli: I guess I just thought this wasn,t a very artfulwe're trying to say because I don't think it says it. Iis there but it doesn't say that what vre're trying to dounderneath the gas canopy and out of adjacent areas. going the Batzli: I like that. Thethat all day, aII night?stations we allow the bags day and then they put themthat? outside storage, is tha twhat is that intending toof salt and 5 billion 12 back in inside. Are you $ray to say erha tthink the i ntentis keep the I ight during the day or isavoid? Most of thesepacks of coke for theattempting to stop as part of the condition of what they Batzri: Then r think is we said something like, changing the rights fromthe lighting plan which we received would require City alproval orsomething like that wourd insure that they'16 doing w-hatii on the lightingp1an, maintaining the lights within their property rather than talkiigabout the Iights being recessed or noE. Emmings: How about this Brian? How about just adding, the Iights on thegas canopy be receeded into the canopy to eliminate dispersion intosurrounding areas. put down the intent so if, even with their rightingpran doesnrt do what we think it's going to do, we stil-l have something tofall back on. Batzli: Isn't that display rather than storage? Then, the applicantshalr meet all conditions of the Assistant city Engineer. r don't knowthat thatrs fair to anybody, that condition and I don, ts kno$, r.rhat lrer retrying to do by that condition. Are there conditions now being imposed bythe AssistanE City Eng i neer ? OIsen: Yes. Olsen: Right. In his memo several conditions. cond i tions? memo dated. Batzl i : Ol sen : Are there going to clarify, there were be further as in theNo. We can Planning Commission Mee t j_ n9 September 21, 1988 - page 12 Planning Commission Meeting September 21, 1988 - Page 13 Batzli: I guess I personally don'E l ike t.he eray the traffic is beingrouted around this whole development. I don't think that it's necessarilya bad use for the area. f thj.nk that being where it,s located, it,s a fa j.rly good use. I guess I don't like the hours of operation because itis business neighborhood and werre trying to blend it into theneighborhooC regardless of it being by two highways. I reatly don't likethe traffic patterns. I donrt know ho$, to change that. Irm not a traffic eng i neer . Ellson: I am glad to see that they are going to have the turn offs, boththe left and the right turn from TH 7. The left turn onto Oriote and theright turn there and I think that thatrs an improvement for anybody evenif they're not using this development. I like SuperAmericas. I used to I ive by one. I think they're a well run organization and they are a nicebusiness to have in the neighborhood as far as some of the others you could have in this area zoned. I,m disappointed the way that it washandled initial,Iy when we sa!, this development in two outlots when, you know by assumptj.on this was probably pl.anned ahead of time and could have come through with the original zoning. Once werve already zoned it business neighborhood, and I see that this is meeting the conditions, atthis point my hands are tied. I have to allow it to go through but I'mnot quite sure I like the way that it was finageled around to bring it in. Conrad: Talk to us a little bit about the 24 hours 18. of operation ver sus Bud KeIp: My name is Bud Kelp. The advantage to a 24 hour operation isthe time to do the necessary clean-up, fix-up, stocking shelves, things that you do whil-e it is quiet and slow. Stores that are 18 hours that have to have a truck come in during the daytime. They've got merchandisein the aisles while you're stocking shelves. It becomes quite a problem. Enmings: Do you have to be open while you're stocking shelves? Bud Kel,p: If yourre working 18 hours, that's when the people are there. We don't have somebody working third shift when werre not open forbusjness. It tends seriousJ-y to get bl-own out of proportion. The amountof business on the third shift, really almost anything from midnight on istruly minimal. Yourre looking at 5 or 6 vehicles an hour. I think it's apretty exaggerated figure. Around 5.Og ;n the morning, people start moving around. Some people are leaving for work that start at 6aglt. you Emmings: The applicant has done a lot of address all of our concerns. The zoning allows it. Ird vote for a conditionat use permit. My onlyreservations, I agree with the wording changes that Brian suggested. Myonly reservations are hours of operation. I have a feeling that itts notgoing to be a big noise generater but I don't know that. I'm having aIittle trouble coming up in my own mind with a suggestion for Iimitinghours of operation. I don't know hrhat r.rould be reasonable in cutting a compromise between the surrounding nei.ghborhood and the business itself. If somebody has some suggestions like that, Ird sure like to listen to them but if no one else does have any changes along those lines, than Iid .be inclined to say, keep it open for 24 hours. Planning Commissioo Meeting September 21, 1988 - page 14 might start getting a little more traffic. I thinkhour for the purpose of the stocking and cleaning.manager here rdho wiII be supervising this particularcare to address that any further? mainly we like We do have anstore. Would the 24 area you Area Manager: Not really. I think vrhat Bud's really trying to say isthat our overnight shift is important to us to maintain the standards ofthe store. putting the store back together to make sure it,s up to ourstandards daily so that our view, or the way the community viewi us ispositive- rt's not that we're going to generate a ton of traffic at nightbut it.works very $rerr in our operation to be open that 24 hours, to haiethat time to put the place back together. It's basically as.simple asthat. Bud Kerp: I{e are also there for the emergencies, whatever they might be.sometimes you do tend to want to traver somewhere and leave ".i1y in themorning. we are there for that purpose. sometimes you forget somethingand you need something at night. your rittLe one gels sick, you need s6measpirin, we're there. This is part of our image. we are 24 hours justabout all over the country. There are very, very few locations where weare not. Conrad: wi 1l beshift. Thanks Iimited I don't for your comments. Jo Ann, into an 8 hour shift. What does know what that means. point 8, tank deliveriesthat mean? To an 8 hour OIsen: That r.ra s another issue duringdidnrt want tankers coming in in theof noise so the applicant is willingthe tanks to an I hour period the other public hearing that theymiddle of the night and making a lotto linit tankers comj.ng in to refill Conrad: Which somebody wiIl dictate andthe assumption?it won't be at night. Is that Olsen: That's to be determined. Conrad: Who's going to determine that? we have it io this motion. orsen: They have said, let the city determine vrhen they want the shift tooccur. You'Il most likely have it durj.ng the day because you want toremove the noise. Wildermuth: Wouldnrt you rather say something like 6:06 a.m. to 62ggor 7.qa to 8.ga? Olsen: I'rn leaving it open for you to determi ne what hours you want. Emmings: Eor us or for somebody else? Conrad: we can do it. Headla: Shouldn,t we let thaE be negotjated with the staff? p.m. Planning Commission Meeting September 2I, 1988 - Page I5 Conrad: WeII, whatrs our direction. I'm just trying to figure out whatwe're trying to accomplish here. Are we trying to keep the trucks offsite at night? Is thaE what werre doing? Headla: Yes, that was the intent. Remember I was asking aboutof the tanks and then the concern about the big tankers coming the si zein. Headla: To me it would be like 8:gA to 8.gg but I would like to see the neighbors have an input to staff and the staff can negotiate that with SuperAmerica. Leave it flexibLe enough so they can geE in. If 8.gg to 8.gO is satisfactory to both parties, thatrs great. I don't think wervegot enough input to just come out and say, these are the best hours. Bud Kelp: we could sure use, no del j.verys after say 9:00 at night until 6.gg in the morning? Between that period? Conrad: Thatrs different than 82gA Eo 8=6U. Bud KeIp: weII, 8:90 to 8.09, we could live with 8z0g to 8rgg. Conrad 3 So i.rhen would you in the neighborhood? When Conrad: Does that seem reasonable? going to ask you a question. Going concerned that wetre going to build that we are because you're seeing a not like them to come in Dave, because yourre donrt you want those trucks coming in? I think to me it does. back on buffering. The the shopping center and Iot of activity. Larry, I rm residents are you ' re saying Brown: If I may add one more comment. The dependent upon the rest of the amenities ofponding. That being the storm sewer. That sani tary sewer . Conrad: But we donrt have a guarantee that there's center there. There's not a, and I don't know that guarantee but right now'hre don't know for sure. entire superAmerica the HSz site. That being the waterma i n site being and 1S the Conrad: so what yourre telling me is the rest of the improvements are going in so Hsz is pretty motivated to put something up? Brown: Very much so and SA depends on it. going we can to be a shoppi ng force tha t Brown: However , we going up. However, SA. don I tif we bave L6gZ guarantee that the shopping center is don't have the shopping center, we don't have Conrad: TeII me how that works. Br own :into asite. Solely because the developer for the shopping center has to enter development agreement before the final pLat is signed for the HSz SuperAmerica on the other hand is waiting for that plat to fall in Conrad: Does 82Ag to 8:00 to work? Planning Commission Meeting September 2I, 1988 - page 1G place before theya leash. start $rith their site so essentially we have them all on Batzli: Is that part of your memo?that stuff or is that more...The utility servlce ls cont.i ngent and Broern: That's mechanics.site. Batzli: But HSZ being. . . HSz is bringing the utilities to them, to thjeir Ehey couldn't even get utilities or any of that without the You talk about gas, on what they seII? Do conrad: r think superAmerica did a rear nice job in responding to ourquestions. r arrrays find that the forks who r6spond niclty rile they didto concerns and questions are good neighbors. we found tnlt through6utChanhassen. There are very few exceptions to that. I think theneighborhood is stirl concerned with a gas station there and there arep.r9b3bly some sequentiar things that give us some concern but overarr, rthink that SuperAmerica has done a nic6 job with tnis apliication.Echoing what Brian said, r think the traific flow still is lousy in termsof internal Hsz flov, but r donrt think we had totar control on that andtherefore $ril,r let the city council deal rrith that issue or that concern.Other than that , I 'm happy wi th r"rhat we got here. Headla: Are there any limits on what they can sell?oil, coffee and donuts. Do we drae, the Iine at allwe really care? Brogrn: Correct - Olsen: We donr t haveliquor and that.any special regulations Iimiting. They canrt selI Wildermuth: Isn't that part of Olsen: On the l iquor? Wildermuth: On the general . Olsen: They have to receive ahave any specific Iimitations. Conrad: The only other.thing inof operation, it will be noticedmotion should, I think we can doto the City Council. reta i I trade...by the State? permit from the State. The City does not our motion, if j.t by i t's absence .a couple things. doesn I t include hours Whoever ina kes the We can defer the hours wirdermuth: r donrt see any reason to limit lhe hours of operation. rthink that the public convenience far outweights whateve. nii"" situationmay be generated. Therers a traffic light there that,s going to generatean ardfur lot more noise rdith stopping and starting...thai a serviiestation. Conrad: I dontt see a problem with the hours of operation other than thelighting. I think werve taken care of the no j.se. Ellson: . . .Ii.ke regulated now?hard to say thispretty dif f icultthe Ci ty. with the Holiday in Chanhassen. Do we have any of themIf we have some already 24 hours, I think itrd be pretty one can and this one canrt. I v/ould think it would beto tell them they couldnr t vrhen we have it elsewhere in Batzli: I think it's easy. It's a different business distrjct. Conrad: It's a business neighborhood district and that's a realdifference. Ho$rever, it's on a major highway. Itts a real contrast. Wil-dermuth: Are the lights on the Shorewood Shopping Center on aII nightin the parking lot? I would guess they are. Brown: Is the Super Value open 24 hours? Emmings: No, not anl.more. Conrad: Is there a motion? Headla: Are you looking for the site plan first? Conrad: No, I thj.nk conditional use permit first and then we'II go tosi te pl-an . I,Iildermuth: I move Ehe Planning Commission recommend approval ofConditional Use Permit *88-10 as shown on the Site plan stamped "ReceivedAugust 15, 1988" with the following I0 conditions, a number of which were reworded by Brian and to include an llth condition that there be nolimication on hours of operation. Conrad: Jo Ann, would it be helpful to reword some of Brianrs commentsfor the record right now? Olsen: I think Irve got them. Conrad: tetrs go over them. On 7, we 8, we were talking about 8:00 to 8:00.on the memo dated such and such. BackBrian, do you have a better teminology were adding the word display. On On 9, hre were talking about basedto 5, Brian didn't like the intent.for i t? Batzli: steve can put that in the proposal. OIsen! To eliminate dispersion into the surrounding neighborhood. Emmings: Maybe on 7 we could just add the vrords, and say of merchandise.There shall be no outside display, storage or sales of mercbandise. Wildermuth: Are we trying to limit the display or storage? Planning Commission Meeting September 2I, 1988 - Page 17 Planning Commission Meeting September 21, 1988 - page IB OIsen: Both. wildermuth: In other words, you don't like the idea of the coke and oil,stacked out there? Emmings: r thi.nk it cheapens their building, is my own personar feeringand they were wilring to go along with that. t wai kind-of surpri sedabout that but they were. Conrad: Is there a second? Headla: I'1I second that. Batzli: r dontt necessaril-y approve that in a condiEional use permit weput a condi Eion that business hours wonrt be limited. In effect whatyoufre telling them is if they wanted to only work g.g0 lo g:00 theycouldnrt so I will vote against it on the condition Il. Headla: Say that rationale again. Batzli: r berieve that it was worded that the hours of operation wirr notbe rimited which in effect means they have to be opened wirether they wantto or not and I donrt think that,s appropriate. Conrad: I would prefer not having that condition jn there. Batzli: That's v/hat I'm saying. Emmings: It isn,t a cond j.tion. Batzli: Well, the condition is that they Wildermuth: No. Emmings: But thatrs r,rhat it sounds like.business - - . Wildermuth: In other words, it's at their BatzLi: But that,s not what you sa id. Batzli: I will vote against it $rith thatthatrs a good condj.tion for a conditional Headla: What are you suggesting? can I t close. You can operate your discretion. in there. I don't thinkpersonally. Headla: If j.tts not Limited, you donrt have an outer Limit. Batzli: Irm suggest i n9 them to operate as Eheyanything. tha t vre don I t see fit, then one use say anything. I don't think If we intend to allow r.re need to say Planning Commission Meeting September 21, 1988 - page 19 Headla: Donrt you think we ought Counci 1? Batzli: I think the Minutes thatCouncil what werre doing. Wildermuth: That I s fine. Strike Conrad: Dave, would you withdraw Headla: Yes. to give some kind of signal. to the we just talked will reflect to the condition I1. your second? Wildermuth moved, HeadIa seconded that the planning Commj.ssion recommendapproval of Conditional Use permit *88-10 as shown on the s j.te plan stamped I'Received August I5, 1988" with the following conditions: No unlicensed or inoperable vehicles shall be stored on the1 2 3 4 assembly or disassembly of vehicles is permitted preml ses . on theNo repair, premi ses . No public address system shall be audible from Gas pump stacking area deemed to be appropriateintrude into any required setback area. any by residential parcel . the City shall not No sales, storage or such as motorcycles,permltted. display of used automobi les snoumobiles, or all terrain or other vehicles vehicLes is 6 The lights on the gas canopy shalleliminate dispersion of Iight into be receded into the canopy tothe surrounding neighborhood area. storage or sales of merchandise. SrAg a.m. to 8:00 p.m. and on days 7 I There shall be no outside display, Tank deliveries will be timited to determined by the Ci ty. The applicant as in the memo 16. The appl icant approval. All voted in favor Headla moved, wildermuth seconded that the Planning approval of site Plan Review #88-10 dated August 15,following condi tions: 9 shall meet alI conditions of the Assistant City Engineer dated September 14, 1988. shall.comply with all conditions of the site plan and the motion carried. Commission I988 wi th recommend the Planning Commission Meeting September 21 , L988 - Page 20 I The si te approval. plan shall meet the conditions of the conditional, use permit 1 The wall signs shall meet the requi.rements of the ordinance. No signage will be permitted on the gas canopy. Arl rooftop equiprnent must be screened from view from any direction. The trash enclosure must be totatly screened. The applicant shall not receive a building permit until MnDot hasapproved access permits for Hwy. 7 and Hvry. 4I, the access points been installed and the final plat and development contract for HSzbeen recorded $rith carver County. The revised plan shall be reviewed and approved by the MinnesotaDepartment of Transportation prior to final site plan review andcomply r^ri th their conditions. have has o Storm sewer calculations shalI be submitted toapproval prior to final site plan review. the City Engineer for An erosion control plan shall be submitted toapproval prior to final site plan review. Ehe Ci ty Engineer for LO. The applicant shall- provide the City with roadway easement for the portion of Lot 2,westerly access for the subject parcel . a copy of the executed Block l which serves the II.for this property is contingent upon the HSZ site AII voted in favor except Batzli who abstained and the motion carried. Wi ldermuth: Why are Utility serv ice improvements. BatzIi.: traffic Iike there. you theI don' t pa ttern abstaining? easement that they're doing. I don't like the SIGN VARIANCE REQUEST TO INSTEAD OF THE PERMI TTED ALLOW A 45 SQUARE EOOT GROUND LOW 24 SQUARE FOOT GROUND LOW PROFILE PROEILE SIGN SIGN. Jo Ann Olsen presented the staff report. Chairman Conrad called the public hearing to order. Ronan Mueller: Itm Roman MueIIer with SuperAmerica. We've looked at the24 square foot sjgn and it deals back to the same issues werve had forother Chanhassen signs. Visibility for traffic speed, etc. so rdhaE we're 2. 3. 4. 5. 6. Planning Commission Meeting September 2l-, L988 - Page 2I requesting is to go up to the 45 square feet instead of 24 for thatvisibility purpose. If yourre all willing to go along with the change inthe ordinance or the amendment to Ehe ordinance, we'd be more than willingto wait for that process to go through. Otherwise, we would like to pushfor the variance with an option to change it at a later date. Itrsstrictly a visibility issue for us with the signage. Itrs a matter of onesign versus two signs. Same square footage basically. Just in onelocation. Conrad: Jo Ann, this is not an old sign ordinance. Itrs been approvedrecently. Do you think we have a problem? Obviously our sign ordinanceis restrictive and it was restrictive erith intent. Do you think that itrs worthwhile for staff and City Council to review this item? Olsen: Again, the site is unique because it,s on two highways. Typicallythe BN districts are more in the neighborhood areas where there's acollector street, Iocal, street and slower traffic. I do feel that therewould be justification for reviewing the ordinance. I feel that thiscould be applied to other sites. Conrad: Because the business neighborhood sign is restrictive and you feel that other business neighborhoods should have that same perogative? Olsen: I see jt as an option to reduce the number of signage also. They can have two signs on the site, you can only have one. The 48 square feetstill isnrt a real big sign that would be negative to... The only other development werve had in the BN district vras permitted... Conrad: So the advantage is to combine? That's vrhat you'd like to see? olsen: I think so. Wildermuth moved, Batzl-i seconded to close the public hearing. A1l votedin favor and the motion carried. The public hearing was closed. Emmings: I don't see the hardship and therefore I don't think vre shouldgrant a variance. I think we should 9o through the other process. Ellson: I like to shy away from variances too. In this case, that sounds Iike a good combination but as soon as we get into one place, the nexttime i.t will be different. Batzli: What the heck did we end up doj.ng at the other SuperAmericastore? Or what did the Council end up doing? I donrt recall. Olsen: Staff was doing that as a variance and they had the option...but they wanted that option to go through a conditonal use permi.t. They got to the Council and the Council feIE it should be, because they couldn'tfind a hardship, they sai.d, this should be reviewed as a conditional usepermit and not as a variance. So we took it back through the process, through the Planning Commission and the Council so they have their signwith a conditional use permit. That did permit a larger sign with a Planning Commission Meeti ng September 2f, 1988 - page 22 conditional Batzli: So Olsen: No. Batzli moved, Ellson seconded that thedenial of Sign Variance Request. fgg-I2.carried. use permit. a conditional use permit isn't available in this? Batzli: I dontt see the hardship real.ly. As I recall lasttalking about a couple of square feet, not doubling in size.necessarily think that amending the ordinance is tf,e way towe've got a good ordinance that we made good and tight tor adon't see the need to readdress that issue. Wildernuth: I r,rould like to try and avoid arequesting from a visual pollution standpointoffensive than two small signs or is it morewilling to take a look at the sign ordinancetherers a hardship in this case. variance al so. I guessis one large sign anyoffensive? I would beagain but I donrt think time they were I also don'tgo. I thinkreason. I the less Headla: r thi.nk we shourd ask the staff to go back and take a rook andsee if e/e want to reword in certain situations. conrad: yes, r donrt think this justifies a variance either. r,m not :yre rrd change the ordinance but r think what r^re need is city councildirection on how staff uses it's time. rf they feel the sign ordinanceshould be reviewed for the business neighborho6d district, fhey certainrycan do that. Is there a motion? Planning Commission recommendAII voted in favor and the motion Conrad: A footnote to that motionCity staff gets direction from Ehesign ordinance. I guess Jo Ann is to makeCity Council in terms of sure rev iew tha t of the PUBLIC HEARING: CONDITIONAL USE PERM I T OF PROPERTY ZONED A-2,l/ 2 trILE r.roRTH oF Hwy . Public Present: Name FOR A LANDSCAPING CONTRACTOR ' S AGRICULTURAL ESTATE AND LOCATE5, DAVE STOCKDALE. YARD ON 12.1 ACRES DON GALPIN BOULEVARD Dave Mike Jo Ann Olsen presented Chairman Conrad ca 1I ed Addres s ApplicanrStockdale KL i ngel hutz the staff report. the public hearing to order. Planning Comm j. ss i on Meeting September 21, 1988 - Page 23 Dave Stockdale: First off, a minor glitch for the total 55,000 squarefoot building. It should have been 5,59q. A little history, I've livedout there, I bought the property on a conditional use permit about 9 yearsago. For one reason or another, I $rasnr t able to executed upon myconditional use permit at that point in time. Basically what I,ve done onthis proposal, Irve reduced the size of the parking lot and did some of'the screening. I understand. . . the I mile limitation has been...and that seems to be the biggest stumbling bl-ock as far as things hanging. Theother two issues are hours of operation and the other one was workingwithin the 5AA foot distance to my neighbor to the northeast. I donrt know if the letter...for consideration. l,fy intention when I moved out here was the fact to run a business next to me for obvious reasons ofeffeciency of running a business. This happens to be kind of... I have been in business for I3 years and have really...professional operationboth in the field. My intention is to carry that through, to maintain avery clean site and... Mike Kl ingelhut z: he's applying for, was wondering if a conditional that go to the person r^rho buys use, or vrha tever the 10 t? ...r does OIsen: Yes. Mike Klingelhutz: ...your house is planning to. . .you could sel1. .. Is separate from the Iand that yourre that your intention? Dave Stockdale: No.. . Mike Klingelhutz: That's just one of my concerns. His house beautiful. His yard is beautiful but say he sells his house, still be a conditional use permit and I wouldn't appreciate it happened but if he retains ovrnership of it and works there and and keeps it up the way it does his house... TSit wiIl if that lives there Conrad: Itrs a good coocern. Contractorrs yards are a real problem for us to deal with here. A lot of pressure to eliminate them all together. I think werve tried Eo accomodate people r"rho wanted to live and have their work on the same property that they're Iiving. I personally felE comfortable doing that but ererve had people who wanted to do different things. Herers a case vrhere by having it separated because of mortage is an interesting deal but legally is a problem. You legally could sell that and yourd be in different land. I guess that gets me a little bit uncomfortable. I guess our Attorney would have to advise me on that but Ithink all he could say was that that land is transferable and a ne$, owner would take the right to the contractor's yard. Olsen: It just could not be expanded. It would have to remain as it is. Conrad: I think the biggest thing is dealing hrith the l mile i ssue. thatDave Stockdale. whatever . .. Just to clarify, whatever stipulations. . . so Planning Commission MeeEing September 2I, 1988 - page 24 Headla moved, Ellson seconded to crose the public hearing. All voEed infavor and the motion carried. The public hearing was closed. Headla: r agree with the staffrs recommendation but r think therers oneother one. The one about, the first one, wirl not be detrimental to orendanger the public hearth, safety... Generally vJhat r think what Dave isproposing is good. rf it eras in a different rocation r could support itbut Garpin Road there, particurarly if yourre going back to TH 7, that isdangerous. Anybody coming out of there, the applicant has said he,s goingto use that road, and rrn concerned about the traffic that rrould be therein the morning and in the evening. I do disagree rrith the staffrscomments here that it would not be a problem. r think it is a problem. rthink it's a safety concern. Olsen: That will be reviewedsite plus they also suggestedper day and that. . . wildermuth: Irm impressed byby the neighbor,s descriptionproperty but I guess there arefact that the yard is within afact that there j.s going Eo bethink we have to look at thisapproved that subdivision. Mike Klingelhutz: I was the subdivider by or Carver County for the best access for the recommended that the...generate 2g trips the letter of testimonial and I,m impressedof how the applicant keeps his residential two major stumbling blocks. One is themile of another yard. The other one is thethat subdivision in the immediate area. Iapplication against the backdrop of having feel that'sin any way? going to of that property and itrs not... influence the potential value ofWi ldermuth: Do youyour building sites Mike KI ingelhutz: Wj.ldermuth: The one stumbling block I guessthat we would have two working contractorrsClearly in violation of our ordinance. Batzli: I was curious, did you have a valid conditj.onal use permitseveral years ago and not act upon it? Hor./ I-ong is a conditional usepermit valid? Is it annual? When does it expiie? Olsen: If there are not anyyear, it is no longer va]id.not take any action. I really have is the factyards very close together. lmprovements He did have made to it. It the was site within one recorded and he did Headla ! But when they go back to TH 7, it's a narrow road. Going do$rnMurray HiIl, that road is narrovr. yes, they can tell us, 99t of the timethey vronrt use it but a couple times a year you use it, just like I seecoming from cR 18 to TH 5, in the morni;g r see heavy eqiipment coming outon the road. In the evening heavy equipment going in. -tney guarante;dthat r^rourdnrt happen. r disagree with the togic Lnat tney wouta take thatroad. It happens. PLanning Commission Meet i ng September 2I, 1988 - page 25 Batzli: when did we approve the one that,s too Wildermuth: Eebruary 4, 1985. Batzli: So that's been expired for 2 years or did he ago so it's been I year? I guess I was just curious r,trhen !'re approved that second contractor, s yard. Emmings: It $ras approved March 18, 1985 by the get approved 2 years as to the timing of Ba!zIi: they I re See, I thought the dates weretoo close but I didn't know if funny. I I d they rea I Iy City Counci I. cI ose ? Ii ke to I.Vere. say that Olsen: They came in, what happened is they amended the ordinance to allowcontractorrs yard as a conditional use so we brought them in, we passedseverar conditions on them. Everyone pretty much arr came in at the sametime. Batzli: I guess I'm impressed that the Staff has dooe a real thorough jobin reviewing this. I think that with a little bit of more r.rork with thestaff, I guess I'd Iike to look at exactly what the heck the timinginvolved with those applications was because I donrt knolv that, I almostview this as a variance type of situation where dependent upon the timing,there may be some sort of hardship that we've almost imposed on theapplicant by the timing of the original approvals. Conrad: You'd l-ike staff to look at the timing? Batzli: I guess I'm not sure. I didn't quite foll-ow exactly r,rhen theoriginal conditional uses vrere approved, how long ago they expired and ifin fact the only reason that we would, I think there are safety issuesraised here but I don't know that the adjacent land owner and thesubdivision are expressing any disapproval or the adjacent propertyowners. The thing that does concern me, just as a side, is the fact thatit would be going with Ehe land and not necessarily...but getting back tomy original point. It may be the type of situation, at Ieast in my ownmind, that if the only thing that r^rerre going to deny it on, and thatrsnot the case right now, but if it was, is that it,s within a certainradius limitation and originally we had allowed j.t two years ago. Itrs aquestion of timing and when the ordinance. I might be in favor ofallowing this conEractor's yard but I,m still not cLear as to the datesand that sort of thing. Conrad: So you'd like the Attorney to... Batzli: I'm freely associating. ELlson: Actually Irm concerned with exactly what he,s talking about.Itrs as though we asked everybody to come forth to apply for a conditionaluse but they really hreren, t able to...we asked them to please come in andthen sign up to please be restricted. Basically we,re saying, please comein because we want to constrict you somewhat. So they're nice enough tocome in and then vre take away what he bought it for in the first plice. Planning Commj.ssion Meeting September 21 , L988 - page 26 rt rearly doesn't sound like t.hat is a nice way to go about i.t. Not onry 9id -f,g comply. Okay, I'll come in and be restricted. Now you give me adeadline and r coutdntt meet my deadline so now rrm out for-whai r boughtthe property for inj.uialty. What you allowed me to buy it for. f jusldonrt think that,s good business. It seems like he got caught i.n a-loophole. Like Brian said, if we could come up with a way of being alittre more lenient that way. rt's different than if it was somebody justbuying the site now and deciding they wanted to make it something. ici,6nhe bought it, we said yes, you can do arl this on it. come in h6re and berestricted and oops, we gave you this restriction, now you can't do it.rt almost seems rike he didn't have to come in and get that conditionaluse in the first place but he did to be nice and noi he just niced himserfout of his property so to speak. It doesnrt seem right- I don't likethat. It just didn't seem like the right way to handle it. Do you knowwhat I mean? Emmings: This one is a very hard one for me. r have to reveal that Davedid work at my house 5 years ago. I regard him in the same glowing termsas his neighbors do. He is a very high quality contractor. A very niceperson to $rork with. I have no doubE in my mind that if we wanted to havea contractor rs yard in chanhassen, we'd want. it to be Dave stockdarers.rtrs exactry the kind of contractorrs yard that we talked abouE wanting toallow. Itrs a guy who lives on the Iand with a modest size operation.Hers doing a Iot of screen it and make it pallatable to the neighborsAgain, the neighbors have said they don't think itrs going to harm them inany $ray so thatrs a very positive thing. But he is asking for a variance.Hers got to have a variance to the l mile limitation. He ought to have a -variance to the 500 feet to neighboring residence limitation and then inaddition, the third problem is the faci that he subdivided his ownproperty. On the third one, it seems to me, this is exactly the problem Tim had on his or.rn property. Where your mortgage company says we don,twant to mortgage on anything that's 10 acres or more because offorecl,osure restrictions so we're going to make you subdivide your .property and somehow I donrt feel that iE,s fair to hold that against him.The 500 foot rimitation, since we have this nice retter from the neighbor,thatrs the person it affects the most and I,d be inclined. I don,t [now,thatrs not realry grounds to give him a variance but d be inclined tomaybe look past that. The I mile one is the one that I really get stuckon. Wildermuth: Why was that put in place? Emmings: I donrt know but it's there. To me, in my own mind, Irmweighing that I mile limitation against kind of the fairness kind ofthings and Annette and I think Brian a little bit, have eluded to. Davespecifically came to chanhassen to have, r knor., he moved from st. paul andhe picked this area because it was closer to where he e/as working and hewanted to have his business operation with his home operation and he evenconditioned the purchase of his property on being able to get this thing.He had it and then because he didnrt it, he lost it. Someho$, I feel liiethat makes this,a speciar case that ought to be accomodated somehow. rrmjust having trouble doing it in terms of hardship. It isnrt really ahardship and I don't think I could serr that to anybody but just ii terms Planning Commission Meeting September 21, 1988 - Page 27 of fairness, it seems to me that he ought to be given back what he cameout here for and what he had. Particularly in view of the lack ofopposition and the quality I know of his operation. Tonight I think I'dhave to vote against it unless somebody could think of a way that we couldget around that 1 mile. Conrad: I feel the same way. I have two problems. The 1mile and nomatter what, Irm not going to do anything that jeopardizes therestrictiveness of contractorrs yards. I do not think that we should doanything that wiII open up the floodgates because werve had so manyproblems. The other problen is dealing hrith land owner not really on theproperty. Therefore, tonight I'd have to turn this down but I guess I'dlike to direct staff, between now and when this goes to City Council, to vJork with the applicant in seeing if there's a way to solvi.ng those twoproblems. One, can we tie Mr. Stockdale to this particul-ar property? Emmings: Link the two properties back together for this purpose? Conrad! For this purpose because the intent of the ordinance is to allow somebody to, we want peopl-e working on their own property. If they'regoing to have a contractor's yard, I want the orrner there. By not havingthat included in anything that we do, wetre saying, hey, you can sell thisoff. Which you're not going to do but it sets precedent in other cases. Somehohr I'd have to find a legal way of tying them in so if he were to move, that permit would vanish along with it. The other item is the 1mile and I think it's a case of fairness versus the absolute. I don't know how to break the absolute. There is a really valid reason for havingthat I mile radius. Again, here's another case where I would challengestaff to see if therers a way we can, without granting a variance, whj.ch Idonrt want to do, is there another r^ray to get around this problem? Tonight I'd have to turn it down. The only other option is for us to lookat the I mile, to go back to the ordinance and take a look at the l mile. Wow, that's just like something we don't want to do. Why show up everyother Tuesday night to do that stuff. I don't know as Ehough thatrs somethinq we can deal with. Emmings: The other thing that I wrote we have approved a variance to that one case of Gardeneer on the Volk property. I forgot to mention,the past. In the dohrn here tha t mi le thing in Conrad: Do you recall the rationale for that? Olsen: ...it $ras on the same site. That it really $rasntt... Emmings: Why is that better? I don't remember the rationale. I think at.that time !/e were kind of thinking it $rould be better to have contractorrsyards lumped toget.her in an area rather than, tha! gras in the discussion,rather than having them spread out all over a mile apart. We maybeshould, staff maybe should take a look at that to see what is similar in thi. s situation or different. Conrad: Anyway I think I,d look for any sensitivity? You're pretty much a motion rightagainst it. Is Dave do you feel anything here, no hr. there Planning Commission Meeting September 2I, 1988 - page 28 yourre concerned with traffic and the ordinance itself. Hnmings: The weight to me Dave is that if thatand they think this wiII detract from the valuenever going to errite a letter like that. ThatrsIetter. Headla: The other thing I didntt mention is, yes the resident within 500feet did write a very nice letter. I don't put any credance to that. Idonrt know if that.person's going to be there in 3 years. So in 3 yearsthat person that lived there wrote a bad letter, are we going to ta-ke itaway? I donrt think we can add weight to that. person is planni.ng of their property, the importance of to move they I re tha t Batzli: The people moving in next to.purchased it. . . in wi 11 havecontractor I s a chance toyard wasn I t see $/hat they I re there when they mov ing If the Headla: Let Cond i !ional-three. make a Permit me USe motion the Planning Commission recommend denial of*85-2 fox the reasons listed by the staff. The ofthat. l and other contractor's yards that there,s no residenceconcerned that here we're in Ehe errong district Emmj.ngs: I'1I second it. I think I vrould Iike to add, the hoursoperation I rrould take out because he says he's willing to changeI'd replace 3 with the fact that hretre concerned vrith the legatconsequences of allowing a conditional use permit on a parcel ofthatrs separate from the parcel in which his residence is on- Batzli: Dontt we haveon them aE al I ? Ar e !,Jefor that? olsen: Therers nothing that says you have to live on the land. The HarryLindbery one, he doesnrt live there. Emmings: My understand i ng approve. is that was exactly $rhat we were trying to Conrad: That.r s what we wanted but it's not in thethe intent but it's certainly not worded that way. Emmings: If logic was reason for . . . intended, that means we ought to put down as a Conrad: so what did you want? ordinance. That But thatts good $ra s Iog ic. Enmings: I would just take 3 out because I don,t think it's a problemanl.more. He said he'1I comply vrith those hours of operation. i,d justreprace 3 vrith the fact that $rerre...a conditional uie on a parcel or :.andthatrs separate and distinct from his residence rrhich kind oi violates theintent of the ordinance. If it were to be... Planning Commission Meeting September 2L, L988 - Page 29 Headla: Do you feel comfortable saying thisordinance when we really haven't discussed...listing that now because we didn't discuss ititem. is the intent of theI feel uncomfortableat aLl before that other Emmings: Fine, take it out. Let's drop it but to ne that was sort essence of the contractor's yard out here. The notion being that weto allo\d someone who lives on a large parcel of land, if they have abusiness that requires them to use trucks and bobcats and stuff liketo keep the stuff at their home. of the \^la n t that, Headla: I here but I Emmings: there are agree with what yourre saying there.also think if we take 3 out...I think it's appropriate Okay, let's just take 3 out andto turn this down, the better I compromlse. Iike it.The fewer rea sons a residence. and the motion HeadIa moved, Emmings seconded that the planning Commission reconunenddenial of Conditional Use Permit #88-2 for the following reasons: 1. The contractor's yard is located wittrin one mile of an existingcontractor I s yard . 2. The contractorrs yard is located wj-thin 5qq who feet of opposedA11 voted j.n favor except Ellson and Batzli carried with a vote of 4 to 2. Ellson: permit. I somehow we didn't feel he should be like have the 1 mile then. grandfathered in to his original Batzli: I'm voting against it partly for my free association earlier which didn't make much sense but I guess I'd like to see and raise theflag to the Council that there was a feel ing that thi.s person wouldprobably have a fairly well run contractor's yard. That there was somesort of feelings of fairness that something might be done in this case. Conrad: And as an additional footnote Jo Ann, I think in general if wecould communicate this to the City Council. We feel that the applicantwould operate a good contractor's yard and we would like to see if thereare ways that we could help the applicant without grant.ing a variance andwithout changing the ordinance. Batzli: I agree that we don't $rant to necessarily change the ordinanceunless it is to put back in what apparently was the intent and somehor^r gotlost al-ong the way. Because we've been granting or lookjng at a lot ofcontractorrs yards and the residences were no\.rhere near the contractorrsyard. The farm house. The garbage hauling operation. The telephoneoperation. Emmings: But just slor^, down. The farm house, $re turned that one down. Planning Commission llee t i ng September 27, 1988 - page 30 Batzli: I kno!', we did. Emmings: The City Council didn,t but we did. Batzl- i : I kno$, but Ehere r.ras no residence atturning it down because the residences lvasn, t aII. We never d i scus sedlocated there. PUBLIC HEARING: GOLF DRIVING RANGE AND MINIATURE GOLFA-2, AGRICULTURAL ESTATE AND LOCATED PRYZMUS. COURSE OPERAT ION, AT COUNTY ROAD I17 PROPERT Y AND HWY. Z ONED 5, JOHN A Jo hn Mi ke Joh n ZONING ORDINANCE AMET.IDMENT TO CHAPTER 20, ARTICLE IV, DIVlSION 3, REGARDING STANDARDS FOR GOLE DRIVING RANGES i.IITH OR WITHOUT MINIATURE GOLF COURSES To PRovrDE REGULATToN oF SIGNAGE, To PRovIDE REGULATToNsAS TO LIGHT STANDARDS AND TO ESTABLISH HOURS OF OPERATION BEYOND SUNSET. CONDITIONAT USE PERMIT AMENDMENT HOURS OF OPERATION BEYOND SUNSET SIGN. PubIic Present: Name Address Appl i cant INSTALL LIGHT STANDARDS , EXTEND PERMITTlNG THE INSTALLATION OF A TO AND Pr y zmus Klingelhutz Hennessy .Jo Ann Olsen presented the staff report. Chairman Conrad calIed the public hearing to order. John Pryzmus: The hours of operation obviously wirl be determined as theseason goes. Right now I close at g.g6 at night. The season will beending here in another month so we're crosed ior G months approx imatery. . .The sign that I put up was the same sign that was approved. A 12 x g Plyl^rood sign. . . The video games, the aity Council i- go"s. r,re $rere tryingto accomodate children so... other than that, r didn't think originatty-the Council had...on.trees and berming. Now, I think we,ve added 16more...on the site right no$r. Light atandards, basically there isnrtanything that the council said...tight standards of a baiebalr field orsomething like that... rt does help. r've kept the lighting at a minimumso r can extend my hours. when it starts getting dark and people can,t...tr,ro closest competitors of mine are 7 Hi and Excelsior. uxceliior. . .daysand weekends. The guy at 7 Hi . . . John Hennessy: r rive across the street from this thing. so far he hasrun a pretty good operation. ...the basic guidelines of the basic... I B. Planning Commission Meeting September 21, 1988 - Page 31 $ras not in favor of opposed to it. . . this at aII at the beginning... I was vehemently Mike Klingelhutz: I -vea s planning on...it's kind of pretty. Batzli moved, Headla secondedfavor and the motion carried. to close the public hearing. A1I voted ih The public hearing was closed. Emmings: I just want to ask a few clarifying things here. whenhis conditional use permit from the City Council, did it in factfrom having Iighting? he got Prohibi t Olsen: Condition number 9 of the conditional use permit, there shall beno Iight standards on the Iight premises. Hours of operation shatl besunrise to sunset. Emmings: Ianguage It says no there? was Olsen: That hours should be from sunrise to light standards. Do we have the intention that he should went ahead and a problem with the not have I ig hti ng? sunset. put up lights out there?ENnings: And I understand he OIsen: Yes. Emmings: As far as the hours yourve been given sunrise to OIsen: Yes. of operation are concerned, I understand sunset, is that correct? Emmings: And has he abided by that? Ol sen: No. Emmings: Hers been using his lights to stay open later. He just said something that sounded like, regarding the sign that sounds like it conflicted with what we have here. He said he was allowed a sign. was he allowed to have a sign? Olsen: No... Emmings: I have trouble Iooking at this, just like concerns of fairness, making me want to help somebody like sEockdale who comes alonE. I havetrouble looking at this objectively because everytime Mr. Pryzmus comes inhere, hers already done vrhat hers asking us to do. As I recall, he asked us for a wetland alteration permit after he'd been told by the City tostop f j.lling in the wetland. We r.round up denying that. I'm not sure I can be real objective about looking at this proposal. Just off the top,trying to be as objective as I can, I don't see any reason to change itfrom sunrise to sunset. Hers talking about his competitors at t.he 7-Hi and Excelsior but neither of those places are located in the A-2 district and I don't think hle can lose sight of the fact that this is going on in the A-2 district. 7-Hi is on a commercial corner and ExceLsior is next toa McDonalds and next to a car wash. That's not really analogous. Butagain, trying to be a littte objective about that when we have neighborsout here, a couple of them, who said it's not really offensive. we got aletter from Art Partridge that doesn't agree rdith that but that may b; apersonal point of view. I don't see any reason to change the houra.sunrise to sunset seems to be good enough and that may eriminaEe his ne'edfor lighting. As far as the sign goes, if he's going to have his businessout there, it seems to me and r wish Tin were heie to comment on this, butI. wouldnrt have any problem lrith him having a sign except again, we're inthe A-2 and r donrt know if we want to start putiing up- signs out there.The sign ordinance again is one of those ordinances that il meant to berestrictive and it's not permitted in the A-2. As far as the video gamesgo, that seems to me to be a reasonable accessory use to a minature golf.r don't have any real problem with the timitations that theyrve prop5sedhere. Erlson: Arready saying that it has been approved, starting from there,I knohr that there was an awful lot of hub bub in the past about evenallowing...but I think miniature golf is a good addition frorn thestandpoint, we voted down a community center. There rearry isnrt a rot ofplaces for younger people to go. They're not old enough ta drink. Theycanrt go to certain praces. They end up hangi.ng around by the McDonal,d-sor theyr re accused of rather, you see these kids hanging around differentplaces and I think r.rhen I was this age, I played the minjature golf a1lthe time. Untit 11:00 during high school and what have you. It,s a nicesafe place to be...to places they could be. I think once you say yourre aminiature golf course, it almost comes to reason that mini;ture golfcourse stays open rate and has those younger kids at it and you offer themvideo games and those are your major customers. The fact thit we alreadysaid you can have miniature gorf here r think is an indication to do arrof that so r would agree that those hours are good. r wourd Like to seethose good outrets for younger peopre to have in extra night. r can seethe video games and the like as wel1. Batzri: rrm going to play devils advocate. r think that that woulcl havebeen swelr had we not said that theyrve got to be right next to TH 212 oETH 5 and I don't know as. though I rrant my kid hanging out by the highwayat.Il:00 at night. I think the video games do attract them to that. Ithink. that's.exactly right but I think r.re created you,ve got to be in atraffic corridor to have one of these things and now we're going to tryand encourage younger kids to go. r didn'i know that that was [n" i.riiiarintent so much as it hras going to be something where the little kids gopray miniature gorf whire dad takes his swingl. Not to be sexist but rthought that $ras the originar intent rather Lhan we're going to create ahaven for kids rate at night so r have a hard time with thai. r know whatyourre trying to say and I hrould agree except for that I don't thinkthatrs what we were initially trying to cre;te with this type of asituation. r think they do need a sign of some kind. r agiin have a reartough time with this being objective because r kind of echo the sentimentsof steve. rt does seem rike what happens is that he does it and then hecomes in when we find out that he does it and says, oh, by the way, can fhave that? Thatrs kind of irritating. I woul-d Oasi.caify-, other Lhan Planning Commission Meeting September 2I, 1988 - page 32 PLanning Commission Mee ti ng September 21, 1988 - Page 33 allowing the small sign, not want to anything. allowed in the A-2 di.strict c hange signingWildermuth: Jo Ann, there nohr? No signage? isn I t any Olsen: Not for the advertising of a business. Wildermuth: I wonder if the City Council was thinking when they approvedthis permit and there was no provision for a sign. I do think that the ordinance needs some modification for some kind of a sign. If werre goingto allow commercial businesses in A-2 districts, there'i got to be somekind of provision for a sign. I donrt think operating late into the nightis appropriate. We've either got to look at rezoning or restrict the IaEehours of operation of the business. As far as video games are concerned,I guess if I had an objection there, if the Carver County police blotter shows some sort of problem, I guess I don't have a feeling one way or theother. Headla: John, do you John Pryzmus: Yes, I Headla: And a septic John Pryzmus: Yes. Headla: What do you size that for? 2 people or 20 people? John Pryzmus3 What the City Council has done at this point was include aholding tank and we have a contract to have it pumped. So we have a men and women's bathroom and then there's a gauge on it and they pump it. Thewell- is just like a 4 inch i"rell. Just to commenE on the thing about danger, we are puttj-ng a fence up so there will be a 6 foot and 4 footfence. Kids won't be able to get onto the highway. They will have to go through the building to get anywhere in thj.s development and back outthrough this building to get out of there. Headla: We almost religiously watch businesses on TH 5 and no retailing and even though a well and septic system, I think werre in like a realgray area. I donrt think we should have even allowed that. I don't thinkyou want, we ought to have J, j.ghts. I don't think it's appropriate forthat area. I think it should be sunrise to sunset. The video games, you know John, you and I talked about it when you were here before and theintent was to provide, I don't want to say minimal but only an adequate number to, if a kid came over with his dad, herd play video games while hj.s dad swung but thatrs all. It wasnrt to attract anybody in to play video games. I'd Like to see us stay a! that. Put on a lim it to the number of games. I'm certainly not the one to determine that limit. Maybe John has got some good input on the variety but I think r.re ought to stressthat there should be a parameter that it's only for to accomodate the customer i s children while they're there at the golf. I do Iike thepondscaping. It is very good. That's all I have. have a weII out there? do. tank, sewer system? Planning Commj ssion Meeti ng September 2I, 1988 - page 34 John Pryzmus: If you want me to comment on the video games. Thatbuirding is-just a_little over BaT square feet so you get a pop machineand the candy machines and change machines r lou can,t get over g or 9machines in the prace so it never could becone an arcade. A video arcadetype of prace...which means there are some top video games but...4o ox 5gkids comi.ng out to hang out, we just couldn't- accomodite them. Wewouldnrt. I have a manager and basically gearing it towards theprofessionar, serious golfer. The miniature goli course were designed andbuilt tough. ...one smalr course for little [ias. r thini we,re fryingto accomodate the whore famiry. rt's not that big a buirding so an ;rc;depart of it wonrt fit. Conrad: My brief comments are very in sync rrith rrhat I've heard. Basedon the intent of the agricultural area and what wetre trying to do in theA-2 district, r thi-nk some things are not in sync with wiat-is here and rthink lighting standards and late night operation are simply not in syncrdith what we're trying to do in the A-z aiea. r think si!n- instarlat-ionis important but r think erhat r,d rike to do there is ta i about passivesignage rather than active signage. Agaio, if we're in daylight -hours, ifhrerre operating in the daytime, r think $re can have signag" ttrat is notneon signage, that may fit in character with the area. I think if weallow the business to be there, I think itrs appropriate to let themadvertise that they're there. Therer s no reason we shourd prohibit Ehatbut I also think because of the agricultural area, the sign has to beconsistent with that area itself which means we restrict neon andaggressive flashing, $re always restrict f lash j.ng but we may want todictate a few more restrictions in terms of signage. How"irer, I dobelieve it's appropriate for a business that \da,vi allowed to go in.Never been an advocate of video games out there so r have a toigh timerecornmending a number on that. r think the purpose on Ehat and the reasonthat we fert that it could possibJ.y 90 out there was simpry using the randas it was and keeping some of the character of the land it- the sime time.I,rm not sure video games is in sync vrith my understanding of that. I.think Jo Ann, what you presented us tonigtrt is a zoning 6rdinanceamendment but basicarry as r read !hat., it,s an updated zoning ordinancefor the condj.tional use. yourve basicalty worked in the currentconditions with the recommended conditions, or Barbara has. rrm not sureadminstratively hord to handre this. r think we have to go through oneitem at a time and decide whether we feer it shouLd be iicorporated intothe amendment and more than rikely r donrt see, if anybody agrees lrith me,our. signage comments, r donrt see us approving this tonight. r see staffcorning back with a reconmendation if we- uetiev" signage, or anything. rfwe erant lighting I think there has to be standards foi lighting. - wildermuth: There should be a righting standard and r think we ought toaddress this issue that...it's an accessory business function. Batzl-i: I think in essence it changeslighting. Because if you allow Iight,range can only be operated from sunriseminiature golf to be ]it, then I thinkAlthough it was an accessory use duringdominanE use at ni9ht. I thjnk thaE,s depending upon whether you aIIowletrs say you alloe, the drivingto sunseE but you allow the we do get a kids hang-out more.the day, perhaps it becomes thean issue Ehat has to be addressed Planning Commission MeeEing September 21, 1988 - Page 35 before we tap all the other ones. tdhether werre tryi.ng to promote that. Conrad: Promote what? Batzli: Nighttime use. Conrad: By agreeing with allowing nighttime lighting, you're going totell us right? Batzli: WeII, yes and no. Are we allowing nighttime lighting for thedriving range or for the miniature golf course? Conrad: We donrt know. Emmings: To take what Brian is saying one step further, he split them in half. Are we talking about lighting for a driving range and are r{e talking about Iighting for the miniature golf. The miniature golf, originally we only approved that as an accessory use to the driving range which was supposed to be the primary use. Batzli: Therers a lot to talk about here. Conrad: Letrs talk about it. Do we want to through these and give direction to staff on ones to pursue. I think that I s r.rhat we have be as routine as going the various issues? Which to do. Emmings: Are you talking about tabling this? Conrad: I think we have to table it because itis certainly not in the form that I feel comfortable with if we rdere to send anything along unless we reject it al-I. But I think there's some valid things that we should look at. In terms of lighting, we'Il go through the three items that rrrerre talking about, in terms of lighting, what do we want to do in Eerms of lighting? In the agricultural area for this type of a use, are we comfortable with the daytime hours or do we feel lhat we should a1low, and vrhatrs permitted based on the conditional use permit is the driving range and the miniature golf. Do we want it to occur at night, and Irm not against what Annette says, having recreational opportunities here becauseI think we then to zone those things out of tor^rn and Irm not against that. Yet on the other hand, Looking at the ordinance, and looking at the purpose of the A-2 district, vrhat do you think? IrlI just go around. Emmings:sunr i se llrqg. to sunset. El l son : Batzli: I couLd a little bit after sunset but not Eo ll20g. You can fish a half hour after sunset. Conrad: operati on do you want lighting standards so you can operate the t.he dark for miniature golf and the driving range? But in Planning Commission Meeting September 2L, 1988 - page 36 Batzli: I'm torn because I have gone toenjoyed it immensely but from a planning along a highway, I don't know if I want Emmings: You have to declare yourself. Batzli: Sunrise to sunset. Wildermuth: Sunrise to sunset. Headla: Sunrise to sunset. Conrad: Irm comfortable withnighttime use. One declarative sentence. that too. So r"rhat we I re saying is no driving rang esperspective inir at night. at night and Irvethe A-2 distr ict olsen: what we have, rde have the proposed amendments to the zoningordinance o! p?S9 4, (b) would remain as it is originally. The hours ofoperation shaLl be from sunrise to sunset. Do you want lo just go throughthese? Would that be easier to 90 through each one of theslZ Hnmings: (a) already exists right? Olsen: Right. Emmings: wet re not tal king Olsen: And (c) is the same.the ones that you would need about changing (a) . (d) some r{ould be the same. discussion on. (e) , (f) and (9) are 2. Installation of the area? not i lluminated signs. and $rould be not visibte at Conrad: So now werre getting to request numbersign. Steve, do you agree with signage in this Bnmings: I Iike very Some sign that r.rouldnight. you sajd aboutin the daytime much r.rhat be visible Conrad: Annette, you canrt agree with Steve. you canrtto operate at night so you would have to lean...because you lvant Ellson: You took a$ray my Conrad: Yourve got to be night so. . . consistent here. ElIson: Yes, Itd like Conrad: So some kind BatzIi : SmaIl sign. Wildermuth: I'd Iike Headla: . . .we've got to see a sign. . . of sign. a small sign. do signage.to Planning Commission September 2I, 198 8 Meeting Page 37 Conrad: I guess on that one, Jo Ann I think you should bring back to us arecommendation on what kind of signage would be appropriate out there.Werre not trying to hide, it was approved to go in and it is a big areabut we donrt want it illuminated. werre not trying to scare the neighborsbut we have to inform people that itrs there. Video games, installationof video games. Dave, werre going to start at your end. Do you thinkthey should be allowed and if so, I think based on City Council'sdirective and Jo Ann, does City Council like the video games? Olsen: I think they liked them. Conrad: So based on vrhat they feel , werre being real arbitrary here. Idonft know if 2 ox 5 or 8, I don't have a cl,ue what the right number isand I hate Eo get into games when you start dictating some of that stuff.Is there a number that you want to hange your hat on and say thisdefinitely is a secondary use to the primary purpose of the site? Isthere something that you feel good about? Headla: No, I'm not that familiar with video games to hang a number on....lgg video games but if yourve just got a coin machine, yes that'sdifferent. I think we should send a signal we've got to limit the numberand let that number be negotiated betr^reen the staff and John. But $riththe clear intent, it's a passive situation for people to entertain while some of those other things... pretty soon we,ve got another IrI00 squarefoot building with more video games in it. Conrad: Do you think the building, like Johnto dictate what he can put in it. Is that aCity CounciL allowed an 800 foot building. said, better Wildermuth: The City Council could allow a 5,gOA the vJa y IS i r? gorng The bui 1d ing of doing square foot set because building. I don ' tHeadla: Yes, I'd like to see kno$r, the next thing may have the number of games another bui ld i ng. Wildermuth: I think we ought to have an ordinance requiring licensing ofvideo games and that ordinance should be a parameler or index of the number of video games per square foot... Conrad: What do you think Brian? Batzli: I think 10 is a great number. Seriously, I never considered thatprior to 10 seconds ago. I think thatrs probabl-y a pretty good idea. Inthe meantime, I think in this instance, I think 10 is a fairly goodnumber. Actually, it might depend more so on the number of spots you havefor people using the driving range than square footage of the bui. Iding.It seems to me that it would be more appropriate to link it to that. tgmight be a good number. Headla: Hoh, about Iinking it to parking spots? Batzli: Perhaps parking spots. I think it should be an accessory use. Planning Commissioo Meeting September 21, 1988 - page 38 wirdermuth: rt shourd definitety be roe, because yourre outside the MUSAIine. Batzli: r think it shourd be clear that itrs instarled as an accessoryuse too. Erlson: what number did they decide on, r0? 10 or under sounds fine tome- _According to this, it says one time the city defined an amusementarcade as having more than 5. rt sounds like itis an arcade if you have6. If you donrt want it be an arcade, than it gets back to 5. I donrtmind it being there. The number doesn't realry make a big dear to me... Emmings: The number obviously is arbitrary and if I0 makes people happy,it would make rne happy too. r think one way to be sure that this "t.yi-anaccessory use is the hours that the buirding can be open wourd be the sameas the driving range. you canrt have that buirding open and the drivingrange not open. Headla: That's a good point. conrad: You want to come up with an ordinance to license and whatrs thepurpose of doing that? what does that do for us? Wildermuth: It .. .concentration so thereby you control . .. Conrad: Is that common to do? Are you making this up? wirdermuth: r knor,, of other cities that. have licensing requirements fordoing that. Conrad: What do we do in Chanhassen? olsen: r don't think we have a license for games. r could check with.Public Safety, I kno$, we just passed a solicitorrs ordinance. Bnmings: Did you say what you thought about video games? Conrad: The first time through I sure did. I don't like them butssecifically in terms of numbers, r donrt care. rtrs arbitrary. r don'tlike arbitrary numbers. It,s almost like the I mile radius foi acontractor I s yard. Emmings: We do it all the time. conrad: r think tying it to hours of operation is rear valid but r thinkire definitery want to make it a secondary use to the site which is rearimportant.- r guess Jo Ann what rid rike us to do is have you come backand tark about the benefits of licensing. rf we need that and maybesomehow give us a way to say, a way to say 10 is a number or 100 is anumber but for us to pick out something. Irm comfortable with thebuirding size, to terr you truth, limiis it but r don,t think everybodyelse here is so we need some planning input to terr us hoe, to do il.Based on square footage. Based on parking starrs but very definitery Planning Commission Meeting September 2I, 1988 - Page 39 based on a secondary use about those three. That the prime use. Okay, we've talked should Eable this item. use are tha t probably val id. particular driving range and supporti ve means that to we Enmings moved, Wildermuth seconded that the planning Commission table boththe Zoning Ordinance Amendment to Chapter 20r Article IV, Division 3 andthe Conditional Use Permit Amendment until staff can come back with more information. AII voted in favor and the motion carried. Olsen: Did you vrant to, just for my benefit, the conditional rre do have specific conditions for those Iight standards thatthere. I $ras erondering erhat I ilo with the conditional use on permi t , on Part. wildermuth: Just take the Iights right out. Conrad: The lights are gone. Olsen: You donrt want lights? Then number 3 would be whatever vre come up with and 4 would change to sunrise/sunset. Emmings: wait a minute. conrad: I think your wait a m i nute is for is thisWildermuth: This ordinanceminiature gol f course, right? Emmings: No. Anyone that would 'IH zLZ and it would affect anyonegeneral too. come that to so up. Theyr re dependent would come in under, TH 5 andir,s Conrad: ltrs being approaching it. from a look at. . . done in response to what he's already done anda forget about him for the time being. should werre we take wi ldermuth : would al low in - There should probably a nighttime operat ion be so we probably some room what jf wetre allowing a golf course with a to put up some lights? If it's a private in there somewhere that ought to Leave the Iights Batzl i : driving course? is, $rant The next issue range and they Emmings: BatzIi: That's It I s in different use. A-2. you could put it in the A-2. This wouLd cover it. Bnmings: Here you have the driving range as a primary use. There you'vegot a golf course as an accessory use thatrs a driving range and I think we can probably... Here, Jo Ann, in her conditional use permit discussionon number 2, she says he can light for security. It should be allowed forthat so we're going to have to look at that. Planning Commission Meeting September 2I, 1988 - page 4g wildermuth: But in an A-2 area, probably thei{ould be the same as any farm. Batzli: Why were the tees to the left going Ernmings: So you could use them. Olsen: We'1I come back with the amendment andfor the specific conditions of the conditional security l ighti ng aIlowance to be illuminated? at that time use. you can adj ust SITE PLAN APPROVAL FOR A SELE-SERVICE CAR WASH STATION LOCATED ON PROPERTY ZONED BH, BUSINESS NORTHEAST CORNER OF TH 5 AND TH 1OI, AMOCO. AND AUTOMOTIVE SERVICE HIGHWAY LOCATED AT THE Jo Ann OIsen presented the staff report. Jim Firippi: My name is ,lim Firippi and m with North star Engineeringconsurtants and r prepared the plans here. r represent emoco oi1 compaiywho is, by the way, the property owner of record on this. The onlyproperty owner of record and r think therers been some confusion oier theyears as to where that o$rnership lies but in facE Amoco oir company is theowner of record. what r'd l-ike to do is just pass around an arlis-t'srendering of what it is we're proposing to nui1a. Then what r wilJ, do, ifI may, because of the Iateness of the hours, is I wilt address veryquickry some of the peripheral site issues because r think what we,retarking about, as you can boir the entire issues on this site right downto this one curb cut right here and whether itrs a single drivewiy or Ewodriveways with the curb cut and that's the only issue [.hat really standsup when everything is said and done. werve gone through the statf report.The parking is one issue identified as needing 5 spacei instead of 4 ;hichwe have proposed. We r.rere reading the ordinance al basing it on L per 2Agsquare feet of retail store area wtrictr io this case is l2'4 and Ehat.includes the coorers, actuarry 52g. The entire buirding is L,g3g and thatincludes storerooms and the rEstrooms and the corridor ireas and is not infact retail space. rn addition, the service station characteristic ofthis, which is what it is, an automobire service station, carrs for 4parking spaces and 2 for service bays which vre do not have any servicebays so therefore we f eer. our parkiig requirements would be 4l Handicapspaces are provided at the rear adjacent to the 2 handicap ramps arong ihesidewalks adjacent to the building. we have an issue that staff hasindicated that, r think that is discussed in vehicuLar service area or tbedriveways shourd be pull-ed back 25 feet. we feer that applies to theparking and parking areas and i.n fact secEion zq-LLgL trom tne regulationsrequires onry a r0 foot strip of land between the abutring right-6f-;;t- -- and the vehjcurar use areas which includes driveways undei your definiiionrequired and along TH 5 we do meet that ro foot reiuirementi so we donrtfeel that we do have a variance or any other neces=-ity to move theproposed driveway access areas along TH S. Conrad: Jo Ann, what,s your response? Olsen: we want to require I agree that the ordjnancevariance. . . al1 the vehicular moving area to the setbacks. does not specifically state vehicular Jim Filippi: As far as the requirements of MnDot for additional right-of-way access, we have been in contact with them. We do have the studycopies of their plans and we have talked $rith them as to how much accessthey would, additional property they would need which they would be takingan easement and not right-of-way. we have made provisions and accomodations so we have moved the entire site plan back 11 feet from theinitial submittals which we gave to the City back in July so we have madeaccomodation for the right-of-way requirements. Mr. Green explained tous, including those which would be necessary with the median on TH 10I sowe feel we made provisions for what is to be going on in there. Sewer andwater, I don't think we have any problem with the access to. The gradingplan, we will raise the car wash by about 3/10th,s of a foot so we will,in lieu of the rip rap area here install a catch basin and a 3 footsediment trap rrrith a 4 inch diameter cap over it as a oil floatables trap.There are two storm sewers here in the storm sewer system and that wouldbe involved and tie those three inverts togethers in the ditch. Other Ehan that, channel the area. We have, and this was the original landscapeplan which was submitted and we received the staff report today soI apologize to Jo Ann for not giving this to you. We picked this up about5:00 this afternoon with modification of the landscape plan based on the comments and what we have provided here are trees on 4 foot or closerspacings around the perimeter of the site. We have shown 4 existing treeshere. We have taken the trees that were actuall-y over the sewer line, we have moved those off and provided appropriate screening and berming on theinterior parking lot area. At this particular point, this car wash is afuture situation. We're not asking for approval on that. SiEnage, wewiII remove the one addj.tional sign that $ras on this side of the building and leave the two signs so that won't be an issue there. We certainlywant to work with MnDot in order to get that median cut. One commeot thatwe think j.s fair in sone relation here and some responses to the commentby Mr. Hoisington, with aII due respect he is not here at the moment, butif the median were to be installed on TH Lol and there was not a cut,there would be a significant drop in volume that occurs at this site. Thereason is, there is no convenJ.ent, r^rere Ehe station left as it is loday orrebuilt, there is convenient access back to TH 5. The primary time inwhich customers purchase gas is going home, 3:Ag to 7:30 at night. Thisis the going home side. You make the right turn, come into the site,whether vre get two driveways or the single one. Enter the site and you have to be abLe to reburn back to TH 5. That is the convenience for the customer I s trip. If you lose this cut, then there is no return to TH 5without going through downtown Chanhassen. That is not convenient for thecustomer. The station will suffer a severe drop in volume to the pointwhere it rrrill probably not be economicaL. Itts happened in Brooklyn park. Itrs happened in Bloomington, Richfjeld. As medians have reroutedtraffic, it's occured. It will happen here. If in fact this median cutis not in place, the station will not be built because it doesn,t justifyputting $690,a09.00 to gTgg,gg$.gq into the site. which you have to levelthe building, bring the thing up to grade is required. So what we're downto js this particular issue with TH 101 and whether it be one access or Planning Commission Meeting September 21, 1988 - Page 4l two accesses. we feel and r^re wourd certainly want to work with the cityon this particular median cut, that if these trro accesses were combined toone in this location, the trees were relocated, we will change the lightstandards to meet the downtown streetscape standards on the two... That,snot an issue. This site plan wourd not change. There is sufficient roomwith this singre driveway coming in at this point. Returning movementsto occur for the transport to come through the site and enter back out andteturn to TH 5 so that we wourd not propose any changes. rf there are nochanges to be made, based on whether there's a- singJ-e dri.veway here orthese tvro, then what is the reason to hold it up? If there is no mediancut, there will not be a building. If there is, it comes down to thesingle driveway. we $rould like to be in a position where we can proceedwith building with the MnDot driveway permit and not have to go throughback to a 3g ox 45 ot 6q day process once MnDot makes their decisionr-which may or may not occur. lier re in september of l9g9 and MnDot issuesit, then now hrer re another 45 days, then werve lost a second constructi-onseason. This one is doubtful. At this point werd like to try for it. IfMnDot can issue their decision, that,s where we \,rant to be. We don't feelthere are any other issues that are on the site. If there are any otherquestions, I'd be glad to answer them. Conrad: Staff has made a motion to table. I think there aredisagreements between, there are more than one item and I didn,t hear thatyou were in agreement with the staff report so given that there are otheritems, whether a 25 foot setback or number of parking stal,ls, there areother items that were disagreement on. One Ehing I do like to do, I doIike to see a site plan that's going to City Council that's the accurateone. Traffic is the most major problem on this site. period- Right?And thatts the one issue that we dontt have a clue on. Jim FiIippi : There,s on)-y one other. . . Conrad: Why isnrt there access from the north?for access from the north? Is there no possj bility Jim Filippi : No. That,sproperty line. There is any proposed. adjacent property al1 along that northerlystreet right-of-way along here nor is there an no Wildermuth: What happens to the existing car wasn? Does t.hat get torn do$rn or is that not part of the Amoco property? Jim Filippi: That,s not part of the Amoco property. Wildermutb: So you're lookinE at having a car wash right next to a car wash? Jlm Filippi: They are thro differentthe automatic which currently existstype of facil-ity. types of car washes here. This isin the station. This is a separate Headla: If you put thatstorage tanks? in there, are you going to dig up aII the old Planning Commission Meeting September 2L, 1988 - paqe 42 Planning Commission Meeting September 2L, L988 - Page 43 Jim Filippi: Everything wiII be completely replaced with new tanks,underground Iines protected in accordance rdith current EpA regulations. Headla: How are you going to be able to locate, thatrs a real oldstation? Jim Filippi: Amoco has records of the locationthe history that theyrve owned that site.of the tanks throughout Headla: when does ol.d tanks that the back to? 1956? I rm had forever . . . just wondering if the realthat go station Jim Filippi: I've worked with site back as into the 40's and they havethat and there is a complete recordcorner as to what changes were made plans in Kansa sthe undergroundtracking in the to the site. City, Chicago, as fartank location shown on upper right hand Headla: If itrs an Amoco? Jim Filippi: Erom the time they took it over, yes. Headla: I'm talking about prior. Jim Filippi: we vrould go through and remove everything thatrs there. Wherever we could find them. Conrad: whatrs to act on it? your feeling Dave? Do you want to table it or do you want Headla: Table. Wildermuth: Ird just as soon table it.that normally accompanies a proposal as of discussions of staffthis. ...kind Iarge as Batzli: In reviewing it, I thought that there were a few more disagreements and things to be ironed out. It appears that theright now is telling us that these things won,t be a problem butIrd prefer to have him sit down and let the City staff and makethey really are before we approve it. applicant I guess sure that El l son : Tabl-e . Emmings: I agree. when they talk about that catch basin down in thecorner there, that apparently is something he hasnrt talked to Larry aboutbefore so I thj.nk therers work to be done between the applicant and staffbefore ere see it again. One other thing caught my eye and Itd just liketo ask as a side, there's a line here that says, the ordinance onlypermits motor fuel price signs within the gas pump area. SuperAmericathat was just in here wanted to put the price information ouL on the lowprofile sign that was out on the corner. Planning Commission Meeti ng September 2I, 1988 - page 44 Ol sen : too. Emm i ng s : So rdhat Olsen: Right. Batzli: The signthat was required &nmings: Okay, so Olsen: The only. But Conrad: Itrs a funny development and what'sgarages that hror k onBrad, how do we take Brad Johnson: Werre thj.ng when you think abouthappening in Chanhassen, it. With downtor^rn we don't have any morestations in Chanhassen. In the ordinance it does permit them to use the ground profile it says here is not right? on TH 169by State is Lavr. going to have prices on it and they said this is just rdrong? that,s in the BH district through. cars. There are no servicecare of that probLem? working on it. terrible. That really is terrible. we don,t haveConrad: I think that r sa service station. Brad Johnson: There r s does not allow service Emmings: It doesn I tstation center. no zoning atstations. I the present. wi 11 be back Sorry, bus i nes s about Eha E. Conrad: Thatrs just terrible. Emmings: Bus i nessstations. Brad Johnson: Wi th gas. say that. highway specifically provides for automotive service highway It just says, number 3, automotive service Brad Johnson: They do? We erere told that that had to be with gas. Weuere tord that rre had to have gas with an automobile service station.There is a problem that we will address. Conrad: It's a real big problem. Werve got one in doerntoern Chan buEyourre going to tear that down. Brad Johnson: They're both being torn do$rn. Conrad: So therers no place to repair a car in Chanhassen. and we are working I rm saying there with is a the PIan. Brad Johnson: We.re trying to correct that Amoco. people at this time. Not directly butBut there is a zoning problem currentlyi PJ-anning Comm j. ss i on Meeting September 21, 1988 - Page 45 Conrad : we I vestimulate that? got to solve the Are you go ing I'm working wi th zoning problem. And who's going toto do that Brad? Brad Johnson: problems but. Jo Ann, I didn't mean to blame her for our Emmings: Under our definitions, an automotive service station is aplace of business engaged in primarily in the sale of motor vehiclebut also may be engaged in supplying goods and services. retai.l fuels Brad Johnson: Thatrs what they read to us. It is the case in the business highway, which is where the Hanus building where it would begoing, we can not service cars, trucks or anything by ordinance. we cando it only through... We'Il be back. We're trying to move two tenantsout of dovrnto$rn. That's one of my current problems. Irve been trying to move Loren Anderson over there. Under the current, werll get itstraighten out but. . . Jim EiJ.ippi: Are there any other issues that we can address? Conrad: You talked about them ton j.ght. I think what rre're telling you right now, based on what I just heard, werre going to table it but wereally want you talking. If you disagree $rith our ordinance and disagreewith $rhat staff's saying, then you're probably not going to get approval from us as it goes to City Council so I think in the next couple of weeksor months, yourd better talk to them about our setbacks and our number ofparking stalls. If you believe that thatrs how the ordinance reads, $reeither have to clarify the ordinance or r^rerre going to stick to it. Ithink the staff has brought up some points that you need to resolve. We.dsure Iike to see them on a site plan the next time back but I think we al-so want to see where the site location is for access. I think tirat'simportant to us so you resolve some of those. If you believe yourreright, you obviously don't need to change it but because we see these .items every 2 weeks, we kno$, whaE r^retre asking other businesses in the community to do and we hope that you'd listen to vrhat werre asking other businesses to do. So if you can do that in the next time period, we'd sure appreicate it. Jim Filippi: Just for the commission, s consideration, we can not move another 25 feet back. The shape of the property is so narroq,, you're essentially going to destroy the capabilit.y of where yourre bu j. Idingactually. You can look at what the City staff has asked for but that's why we take what the ordinance reads. Conrad: well, we have an ordinance that $rer re having everybody else adhere to and werd like you to. Enmings: The other point is that has to be discussed with staff and maybe thatrs grounds for a variance. If j.t's dictated by the site, it may begrounds for a variance. It may not be but you're going to have to hrork itout with them before it gets to us. Yourre just going to have to. Bror.rn: As was el,uded to, this island has a big impact on the other siteson west 79th street as werr as this site. The reason r stopped or r wantto make this point before you make your motion, Mr. Hoisingion hasindicated to us this afternoon that the plans for this 4gg foot israndhave cleared the centraL office of l,tnoot. As Jo Ann brought up, the cityhas what we calr courtesy review to accept or deny the prins and if wedeny the pran or give a response that indicates tlrat ,.id b" in favor ofthe cut, then that's grounds for MnDot to bring this back to centraloffice and say, wait i minute ret.'is change the plans. what werd rike youto do this evening is arso add any comments thai you might have. yourfeelings as far as the isrand cut r^rhich would be ln indication to l{nDot sothat we can make the process a little faster. rf thaE makes any sense? Conrad i Laxry, how does the realignment of TH l0ltraffic issue on this particuLar intersection? Ifroute or another, is that going to rel-ieve MnDot'sthere? It's not? I can't believe that. Brown: No, it boils down to one major traffic and engineering principleand that being cars taking the free right hand turn wir.r not have enoughroom to change lanes to get over in thit left hand turn rane to make tfieleft hand turning movement onto west 79th. That is the basic reason forhaving that island there. unfortunatery, there,s just not much you canshort of moving v'lest Tgth street north Eo improve [.hat situation-. Conrad: Maybe we should cul-de-sac it. Letrs make a motion andgive some opinions as to that. If thatrs tne principle, vrhatrscomments going to do versus the principle? Brohrn: Like anything else, we start withsometimes we have to realize the impact toour feelings sometimes. Enmings: I,m just saying, I don,t think weagree with you. Anybody going north on whatable to take a left onto Zgth or come out ofTH 5. I,d like to know the reason that theyWhy doesnrt MnDot want people to do that? Iexperti se. affect this we pick one concern for who Ieparticular an i s land do principJ.es as the these bus i nesse s letrs our guidelines but and go rrri th Conrad: I think it's ludicrous to cut off the access period. I donrtneed -to.call a question on that. r think from the eraining commissionr sstandpoint, to put an island down there, regardless of plaining p.i""ipi."or. traffic principres, it'.s just so harmful to the business tnit r doni tthink, would anybody cons i.dei? tumings: What if they totd you that it,s absolutely unsafe? Head}a: Ird say I donrt believe them. can, itrs a technical issue. Iis now TH 191 ought to bea gas station and get back todon't want people to do Ehat.sure as hell don,t have the do you feel that it is a hazardthat is a reaf hazard but maybe time? I haveturn there enough. at this I donrt Planning Commission Meeting September 2I, 1988 - page 46 Conrad 2 Larry,never felt tha t Planning Commission Meeting September 21, 1988 - Page 47 ivildermuth: Especially if you take the pressure of TH I01 traffic off. Conrad: Yes, that seemed l-ike the 1ogic to use. If TH I0I j.s not going to be going through there anlmore, werre trying to resolve that issue with them and Irve got to believe that we got to press that point Larry thatvre're trying to resolve the TH 10I traffic issue and push it other places. Emmings: No alternative for TH 10I keeps it rdhere it is. Conrad: And putting an island in there is certainly not going to help. Brown: That's the direction werll go back to MnDot i.rith and hopefully speed the process up in getting it back to central office. As Jo Ann mentioned, there will be an open house so this will be a little fuel tothe fire. Conrad: Werre making efforts to soLve some other traffic problems. The community is going out of their way to solve those problems and now werre creating additional problems for businesses. That just doesn't make sense. Batzli moved, Ellson seconded that the Planning Commission table Site PIan Rev ier^r #88-11 unEil the issues with the TH l0I medjan, additi.onal right-of-way and Gary Brorrinrs access can be resolved Staff. A11 voted in favor and the motion carried. action on wirh Ci ty SITE PLAN APPROVAL EOR A 25,gAO SQUARE FOOT OEF ICEIWAREHOUS E BUILDING AT THE SOUTHEAST CORNER OF HWY. 5 AND PARK DRIVE, (PARK PLACE OFEICE/ WAREHOUSE) , DOLPHIN CONSTRUCTION, INC.. Jo Ann OIsen presented the staff report. Brian wass: I'm Brian wass. I'm the architect. This is Joe Hardy. Conrad: Anything you want to tell us? Joe Hardys No, unLess you have any questions. Brian wass: The only question Irve got is the 15? opacity. I donr t. kno$, what that means. On the north and erest side. What's the issue there? EIIson: If you had trees with leaves that fall down in the winter, you could get rid of t.hat with evergreens... Bri.an wass: How high does that go? Olsen: We have a minimum of 6 feet. Brian wass:about 6 feet Okay, so high? wer re looking for a maturity of something thatrs Headla: Is the parking lot going to have any Ijghts? Olsen: They HeadIa 3 you their l ights? are showing don I t have Iighting standards. . . any problem with the way they're goiog to have OL sen : Head 1a : No. And OIsen: ...but they' II Brian Wass: There werebacklit letters. OL sen : gradi ng Brown: If the commiss i. onSubdivision when the same snow fence at the limits Actually have met the standards. talked much about signage? have to meet the requirements of some elevations. The intent is have they the fox ord inance . i ndiv idual Are we dead I rm any trees Like if to put up 4 Headla-: Is that going to be built right into the build j.ng?sure theyr re not going to touch any of the trees thereZ frnatwondering is if we should put in something about saying thaithey take out they replace with an equivalent a.ouni oi wood.they cut down a 4 inch tree, for whatever reason, theyrve gotl inch saplings or something like that. We can do that. We can have them stake out their extent ofand I can walk the site with Larry... Headla: I'd feel a littl,e bit more comfortable with thatresponse. I donrt think that's rest.rictive. I just wantthem to try and keep as many of those trees as they can. Brian Wass: That is the intent of the plan so far. Weivetaped the site and in addition to the survey information wethe intent is to leave that existing grove Just the way it Headla: Hor., close do we come to that? Eype ofto encourage been out recei vedis. and and Brian Wass: It's shown right on your plan. It shovrs the extentexisting grove and where we're develop-ing up to Ehe edge of that.very defined edge because it'|s kind of an alrarfa fierd now. Thers to come up to the edge of those trees but not to disturb them.one because they are a good diameter, Iarge mature trees and alsothatrs the point where the ravine starts to take off and we justsrant to get into that. of the It I s aintent Numbe r because don ' t SO chooses, we on the Woodcrest have the applicant erect a as uP, did canlssue came of trees. Headla: I think that's a good idea. ElIson:they're done constructi ng? confidence. Then That they take would give it down after Head la :me a lot more PLanning Commission Meeting September 21, 1988 - page 48 Headla moved, Wildermuth seconded that the Planning Commission recommend approval of Site Plan Request #88-13 as shown on the site plan stampedrrReceived August 29, 1988" and subject to the fol,Iowing conditions: 1. The applicant provide additional and continuous screening along the south lot line to the easterly side of the parking area. 2. The applicant provide evergreens along the north and west property lines to provide 508 opacity. 3. The applicant provide complete screening of the dumpster areas. 4. All rooftop equipment must be screened. 5. The applicant shall obtain and comply with all conditions of the Watershed District permit. 6. The plans shall be revised to address erosion control and shall shot the City's standard details for Type II erosion control. These plans sha1l be submitted to the City Engineer for apProval prior to final review. 7. The plans shall be revised to include an energy dissipator manhoLe structure as shown on Attachment No. 1. 8. calcuLations which inilicate the increased volume of runoff shall be submitted Eo the City Eng j.neer for apProval Prior to final review. 9. The driveway shall be constructed vrith a concrete cross gutter Per the standards of the City of Chanhassen for an industrial driveway. Lq. The developer shall install a snow fence along the edge of the construction limits prior to construction on t.he site. A1I voted in favor and the motion carried. APPROVAL OF MINUTES: Emmings moved, Ellson seconded to apProve the Minutes of the Planni.ng Commission meeEing dateil September 7, ).988 amended by Brian Bazli on the Members Present. AII voted in favor motion carried. S and the All at II: 15 Wildermuth moved, Batzli seconded that voted in favor and the motion carried. P.m. . the meet j. ng be adjourned. The meeting was adj ou r ned Subm i tted Assistant by Jo Ann Ol sen City PI a nner Prepared by Nann Ophe i m Planning Commission Meeting September 2I, 1988 - Page 49