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HomeMy WebLinkAbout03-22-1993 Council Packet/ MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 22, 1993 ROLL The Council met on the above date with the following members present: Mayor Callahan, CounciImembers Charles Kelley, J. Oiann Goetten, and Gabriel Jabbour. JoEllen Hurr was absent. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Building & Zoning Administrator Jeanne Mabusth, Police Chief Stephen Sullivan, City Engineer Glenn Cook, City Attorney Kevin Staunton, and Recorder Teri Naab. Mayor Callahan cal led the meeting to order at 7:30 P.M. CDBG FUNDING YEAR XIX - PUBLIC HEARING 7:30 - 7:45 P.M, The Affidavit of Publication was noted. Moorse noted this Is a required hearing as part of the administration of the Block Grant. The amount of grant money available this year is $20,867. He noted In the past, Council has provided a portion to several social service agencies and the remainder has generally been allocated toward the housing rehabilitation program. This year the social service agencies are Westonka Intervention, Interfaith Outreach, and Wecan, and the remainder of the money to be allocated toward assisting low to moderate Income householos In connecting to the Stubbs Bay sewer system. Dan Hessberg, Westonka Intervention Program, thanked the Council for past support. He reported since 1984 th« agency has assisted 941 victims of domestic abuse in the western suburbs; 91 victims In 1992 of which 15* were from Orono. He noted there are not more victims from the Orono area as the Orono Police Department has not made It a policy to contact their agency. '’oetten asked t.Tat to be clarified. H>*9r^berg explained the agency was started In 1983, at which time the Mound Police Department made It a part of their procedure when dealing with domestic abuse cases to contact the agency. Orono to date has not. He noted by I aw, the Police Department must af fiI late themselves with some service dealing with domestic abuse. Goetten felt It Is Important to recognize the Importance of this agency and stress the need for the Orono Pol Ice Department to implement its use In their procedure. H I MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 22, 1993 CDBG FUNDING - CONT. KIkl Sonnen and LaDean McWilliams, Wecan, thanked the Council for past support. She said in the past year they have served 43 households In Orono, 6 of which were through the emergency program; over 700 took part in the hot meals program; i2 participated In the food nutrition prog-am; 1 received budget counseling; 2 received family and individual counselIng; and 16 received pubiIc assistance in the application process. McWII I lams clarified that it is the western one-ha If of Orono being served by this o*ganization. Kelley asked the total budget of the agency and how they acquire their funding. Sonnen reported their annual budget Is approximately $138,000, and they receive funding from CDBG funds from 9 cities, private foundation grants, churches and indlsiduals. Jabbour asked why they have not requested more funding. Sonnen explained one year they aid request additional funding for a housing grant program, but the request this year will be used for operating expenses. Hessberg replied that last year they did request additional funding as 90* of their support comes from CDBG funds. He reported as the need for their service grows, so will the need for funding. He explained they need a full-time director and a shelter in the area as It has been impossible to place victims in the two shelters available in other locations. Gerhardson noted there is a limitation on the amount to be given to public service organizations. Goetten spoke on behalf of Interfaith Outreach. She explained they are looking for additional funding io relocate existing houses In Wayzata to be used for lower Income families. Mayor Callahan referred to a newspaper article In which two other cities noted one must first be In compliance with the requirements of the ADA. He asked Orono’s status of such. MINUTES OF THE REGULAR ORONO ^.OUNCIL MEETING HELD MARCH 22, 1993 CDBG FUNDING - CONT. Moorse explained with regard to access requirements, Orono Is in complete compliance, and he assumed they comply with current requirements of ADA, but noted those requirements are continually changing. He said he would be attending a work session on such on March 30th. Kelley asked the criteria for use of the funds for sewer connection. He asked the iixpected amount needed for each household, and suggested any additional money be allocated to the social services. Mayor Callahan noted ^he County will select and qualify any requests, and administer the funds. Moorse stated Income guidelines are generally followed, and the CouncM may wish to consider a first-come basis as there is a large number jf households in the area that are expected to meet the guideI Ines. Gerhardsor noted the City will be required to pay the County to administer such program on a per application basis. The County has not yet determined that fee. He noted the City has 1 1/2 years to use the funds. Kelley asked if there was any money remaining from previous years Qerhardson noted the rehabilitation program is an on-goIng basis. In order to reallocate funding, the Council would need to hold another public hearing. It was moved by Jabbour, seconded by Kelley, to adopt the resolution allocating $1,500 to each of the three service agencies noted above, and the remainder of the grant to be used by the Stubbs Bay residents for sewer connection costs, to be established on a first-come basis, and the amount fK?t to exceed $1,500 per househoid. Gerhardscn questioned their ability to restrict the amount. Moorse reiterated the funds would only be used for sewer connection costs, and said the Council could allocate the amount with the specifics decided upon at a future date. Jabbour amended his motion, Kelley seconded, to remove the restriction on the amount awarded each household. Ayes 4, nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 22, 1993 (#1) CONSENT AGENDA Mayor Callahan added Items #9, 11, 12, 13, and 14. It was moved by Goetten, seconded by Mayor Callahan, to approve the Consent Agenda as amended. Ayes 4, nays 0. Motions for all Items adopted by consent agenda will be Included in the minutes In their respective numerical order. (#2) INTERVIEW - WEST HENNEPIN HUMAN SERVICES PLANNING BOARD Shirley Laue. 594 Park Lane, stated she has worked at ICA and since that time has realized an obligation to help those less fortunate. Mayor Callahan asked If she was familiar with other Board members, and if she has attended any of their meetings. He asked how she found out about the vacancy. Laue said she knows several of the Board members but has not attended any of their meetings. She said she was made aware of the vacancy through the newspaper. Goetten noted her background Indicates she is qualified for the position. Mayor Callahan noted the Importance of the Board and expressed appreciation for her application. It was moved by Mayor Callahan, seconded by Kelley, to appoint Shirley Laue to the West Hennepin Human Services Planning Board. Ayes 4, nays 0. Goetten asked that she keep the Council Informed of the Board’s activities. (#3) INTERVIEW - PARK COMMISSION APPLICANTS Jim White. 3516 Ivv Place, reported he has served on the Hennepin County Parks untiI 1992. He explained when he Joined the Commission i t was In turmoil over f'e regional park acquisition. At that time, he felt It was not Illegal to take the property, but noted the necessity for a better process. He noted throughout his service on that Commiss'jn he served on the Park and Planning Committee and the Budget Committee. He spent a large amount of time working on trail systems. Including the Baker Park/Luce Line connection. He said he has worked extensively on commercial development In the Minneapolts area. He stated he does not know Orono’s Park Dedication well, but understands the concept. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 22, 1993 INTERVIEWS - CONT. Kelley asked if he has any children. White said he has four, ages 15, 13, 7 and 4. Kelley asked what his other goals would he for the Commission. White indicated a desire to maintain a portion of Big Island as a wildlife preserve, and the Dakota Rail as a future trail system. Mayor Callaiiran thanked him for his interest. Peter Wei Ies 2285 Ablnodon Wav, said he has been a resident of the Community for four years, and has two young boys. He first became Involved with the Park Commission through the establishment of \he cross country ski trails through the golf course. Jabbour Inquired his views on parks and their use ‘•'‘th regard to the Comprehensive Plan. Welles stated he feels the parks could bett'^r be exploited to be used by more of the citizens. He felt this view may be in contrast wich Orono’s philosophy. Jabbour asked if he felt there were enough neighborhood parks. Welles felt in the higher density areas the park issue has been addressed, and felt that the current Park Dedication ordinance would provide for any necessary future park and open space. Mayor Callahan thanked him for his interest. (•4) INTERVIEW - PLANNING COMMISSION APPLICANTS Moorse announced that John Dalbec has withdrawn his application. Earl Dorn. 4045 Watertown Road, explained he has lived in the Community 23 years and Is currently semi-ret I red and now has time to serve on the Commission. He Indicated he had been on the Planning Commission for a brief time in the 1970s when Oberhauser was Mayor. His past experiences Include appraising, brokerage and bulIding. Jabbour asked how he felt about the development philosophy of Orono. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 22, 1993 INTERVIEWS - CONT. Dorn stated he presumed that philosophy has not changed. He stated he feels property owners have a right to develop their property In a manner meeting all regulations, and not infringing on the rights of others. .labbour clarified Oberhauser was Mayor in the 1960s. Dorn disagreed, and noted it was the 1970s. Goelten asked Is he was aware of the City's position on the Highway 12 corridor. Dorn stated he does not know enough facts to make an opinion on their position, but added he did submit a sketch of how the highway could be widened in its current corridor. He Indicated he has appraised most of the freeways around the City, and has worked with planning departments In many other communities, and has testified as an expert witness. Mayor Callahan noted there will be a delay In appointing someone as they have a number of applicants to Interview, and thanked him for his interest. Jim Hanson. 930 Cox Farm Road, stated he has enjoyed his past work on the Commission, feels ho is reasonably qualified, and would like to resume activities with the Commission. Mayor Callahan asked him to comment on the Council and Planning Commission operation. Hanson stated he has only followed the performance perIphorally. Kelley asked if there is ono issue that he would like to get Involved with. Hanson reported that would be private versus public roads. Mayor CaI Iahan explained the status of the position and thanked him for his Interest. Hanson stated he felt his tal*3nts and past experience would be an asset to the Commission, and I ;* Interested In volunteering for this Commission. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 22, 1993 INTERVIL*»S - CONT. Janice Berg. 2655 Lvdiard Avenue, stated she has lived In Orono 14 years. She explained in the past she has worked with the City of Richfield In their planning department. She Indicated she has read the Comprehensive Plan and Is aware of the City’s philosophy. Mayor CaI Iahan asked If she has attended any recent meetings of the Planning Commission. Berg stated she has not. Kelley asked her number one concern. Berg stated that would be growth of the City, and the Highway 12 Issue. She said she would like to see the character of Crono maintained. Jabbour questioned her philosophy on development of the northern portion of the City since she lives in a dense area. Berg noted she likes the larger parcels and feels they need to be addressed at their own level. Mayor Callahan asked how she became Interested In the vacancy. Berg stated people had suggested she apply, but noted the decision was her own. She stated she now has the time available. She pointed out her Involvement with the Builders Association and Interfalth Outreach. Mayor Callahan thanked her for her Interest and explained the time frame for appointment. (♦•5) APPROVAL OF MINUTES It was moved by Goetten, seconded by Mayor Callahan, to approve the minutes of the regular meeting of the Council held on March S, 1993. Ayes 4 nays 0. PARK COMMISSION COMMENTS No report. PLANNING COWIISSION COMMENTS No report. MINUTES OF THE REGULAR ORONO COUNCIL MEETINGHELD MARCH 22, 1993PUBLIC COMMENTSThdffi wars no corritnents. ZONING ADMINISTRATOR’S REPORT (*#6) #1792 DONALD GRONBERG, 110 LEAF STREET - VARIANCES RESOLUTION #3252 It was moved by Goetten, seconded by no^Leaf variances; and a hardcover variance to allow the construe a single family residence. Ayes 4, nays 0. (»7) #1796 LUANN WALTERS, .^tt 3800 WAYZATA BLVD - CONDITIONAL USE PERMIT LuAnn Walters and Cliff Otten were present. Mabusth explained the »PP'' 7. parking stalls and a “'^^Vspru^^ sLwnelevation to the east, and Colorado spruce right-of-way adjacent to the privacy fence along the Highway i ai rig line. waiters explained •,^„rrettrlVtror'Ihrt.'rt Jhi>* K“aers^^e‘rh,'i’r reVt%°; rU^r9hVay*%‘.'°sre ;oTed''T^^^^^ would not experience any further deI ays. cook explained the approach entering the ' ' *^1?” **”2 Mabusth reported the Highway Oepartment has % hi the curve areas on County Road 6 * p^. ^ ^5 she speed for the ™ost i^^stab nXd for® the curve rp^p^llhir^e I!gn.Migh^. The Coun‘y <d'd no. address fhe ^ ,., irct3e;:%7n \ri.r'e"a;rnd'SlIr^u%°d^‘oVlg‘’n\^fi?an^^^ Pattern In the time or month of the year. valerle Thles. an Orono resident. '* day care and looks forward to using it In the fall. 8 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 22, 1993 ZONING FILE #1795 - CONT. Kelley asked If the spruce would be replaced If they could not withstand the elements of the area. Otten stated they may have to change the type of planting. He said they originally proposed a chain link fence around the play area, but that has been changed to a privacy fence screened by the spruce. Goetten stated she Is In favor of the application, but was still concerned about safety issues. She asked if It would be possible to move the play area along Highway 12 further back on the property. Mabusth stated the play area Is 27’ from the traveled portion of the road. Otten noted they felt It necessary to attach the play area to the building, and noted the extreme elevation changes further back on the lot. Goetten noted the other day care facilities along Highway 12 are setback further from the traveled road. Keliev stated he is In favor of the application, but asked that an exit be provided for the children In the play area In the event of an emergency. Walters noted the children will never be left unattended l.n the play area. She requested the Counci I consider approving the maximum allowed as the State will regulate the necessary requirements. Jabbour suggested the applicant provide an additional barrier along the road adjacent to the play area. Otten asked that staff ask the State to provide a guardrail. Mabusth reported that a representative of the County suggested fencing along the parking area adjacent to Highway 12 and County Road 6 for safety reasons. Jabbour noted this use Is permitted with conditional use approval, he said they have to do something with the property, and as long as the concerns of the Council are met. ho was In favor of the appi I cat; ion. A MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 22, 1993 ZONING FILE #1795 - CONT. Mabusth reported staff’s recommendation was set forth In the resolutIon presented at the meeting of Council’s first review. She said If the original conditions are Incorporated In the approval resolution, she felt Council could approve the maximum number of student/teacher ratio. It was moved by Mayor Callahan, seconded by Goetten, to approve Application #1795 for LuAnn Walters, 3800 Wayzata Blvd, approving a conditional use permit for a day care use, subject to conditions Indicating appropriate steps to allow a maximum teacher/student ratio. Ayes 4, nays 0. Mayor Callahan expressed his appreciation for all the work the applicant ‘ n.- 'on > and asked about the opening of the facility. Walters stated she must now go through a 60 to 90 day process with State I IcensIng. (*#8) #1802 ORONO INDEPENDENT SCHOOL DISTRICT #278, 770 OLD CRYSTAL BAY ROAD - CONDITIONAL USE PERMIT - RESOLUTION #3244 It was moved by Goetten, seconded by Mayor Callahan, to adopt Resolution #3244 for Application #1802 Ororjo Independent School District #278, 770 Old Crystal Bay Road, approving a conditional use permit allowing the expansion of the existing day care use. Ayes 4, nays 0. MAYOR/COUNCIL REPORT A) Mayor Callahan thanked Rick Perry, Long Lake Fire Chief, for attending the meeting and submitting the report. KeMey reported he has requested Information from Long Lake regarding the Fire Department, not to monitor but rather to better understand the process. He stated after his review he would like to discuss the situation with Perry and the Council. Perry stated they are currently working on the 1994 budget. B) Mayor Callahan congratulated the Orono Hockey Team on their success and directed Moorse to send a letter formally doing so. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 22, 1993 MAYOR/COUNCIL REPORT - CONT. C) Mayor Callahan referred to a letter from Chief Sullivan which refers to several letters received by the Department congratulating Officers English, FIschenich anc Erickson on their fine performance. Mayor Callahan noted Sullivan stated he is proud of the officers, and he noted the Council Is also proud of them. He suggested the letters be appended to the official minutes of the meeting. Mayor Callahan recessed the meeting from 8i27 to 8z35 p.m. D) Jabbour thanked Moorse for the status report. He suggested they assign a time to reconvene the HRA. Mayor Callahan suggested Just prior to or at the beginning of the next meeting. Jabbour asked that the status of the Crystal Bay site be included in the report. Kelley indicated the list is very heipful, and asked that it be submitted every two weeks to the Counci I. He asked that target completion dates br included. Mayor Callahan noted the Council generally has met on a quarter ly basis to review Items on this list. ENGINEER’S REPORT (*#9) PAY REQUEST §5 - HIGHWAY 12 ELEVATED WATER TANK It was moved by Goetten, seconded by Mayor Callahan, to authorize Pay Request #5 for the Highway 12 eievated water tank to POM, Inc. In the amount of $32,202.00. Ayes 4, nays 0. (tIO) WILLOW DRIVE IMPROVEMENT Mayor Callahan questioned if Improvement to Willow Drive. they should proceed with the Kelley concurred. Mayor Callahan suggested they continue discussion at a work session. Goetten agreed, and noted this change due to other considerations. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 22, 1993 WILLOW DRIVE IMPROVEMENT - CONT. It was moved by Mayor Callahan, seconded by Goetten, to table the issue of WiI low Drivtj 'mprovement indefinitely, and to be dIscussed at a future work session. Ayes 4, nays 0. CITY ADMINISTRATOR’S REPORT («»11) 1993 INSURANCE It was moved by Goetten, seconded by Mayor Callahan, to award the insurances effective January 1, 1993 as follows: to the LeaQue of Minnesota Cities Insurance Trust for excess liability $31,079, for the petrofund re Imbursement $2,610 and for the mu111-per I I package $72,810; to Western National Insurance Group for boiler and machinery $4.29; to the st. Paul fire and Marine Insurance Co. for small comput«>r s $500; and to the United Fire ano Casualty for surety bonds $1,198. Ayes 4, nays 0. (♦#12) CDBG YEAR XIX FUNDING - RESOLUTION #3253 It was moved by Goetten, seconded by Mayor Callahan, to adopt Ttesolutlon #3253 approving projected use of funds for 1993 (Year XIX; of the Urban Hennepin County Community Block Grant Program. Ayes 4, nays 0. (♦#13) SANITARY SEWER EASEMENT AUTHORIZATION It was moved by Goetten, seconded by Mayor Callahan, to approve the authorizing letter to the Commissioner of Minnesota Department of Natural Resources. .Xyes 4, nays 0. (♦#14) TEMPORARY EMPLOYMENT AT GOLF COURSE It was moved by Goetten, seconded by Mayor Callahan, to authorize the temporary employment for counter helpers and groundskeeper helpers at the Orono Golf Course as listed in the memo dated 3/15/93. Ayes 4, nays 0. OTHER ISSUES A) Mayor Callahan established a work session to discuss Highway 12 for Tuesday, March 30, 1993 at 7:45 a.m. He suggested a represeniative from Strgar be Invited along with a representative of the citizen groups. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 22, 1993 OTHER ISSUES - CONT. Moorse indicated at the next Policy Meeting, cities will be asked to express their concerns regarding the economic impact of the Highway 12. He asked Council to consider their concerns. B) Mayor Callahan asked all Council members to attend the County- Commissioners ’ meeting to be held at Orono City Hal I on March 30th, and asked them to consider specific matters that may be discussed at that meeting. C) Moorse noted that the Council may wish to change the open house date to ensure landscaping on the property will be complete. June 20, 1993 was established as the tentative date for the Open House. Mayor Callahan noted that the Police Officers have requested that they be allowed to dedicate their building to Mr. Burmaster. It was moved by Mayor Callahan, seconded by Goetten, to honor the request of the Police Officers to dedicate the Police Department building to Mr. Burmaster, and to authorize thovm to attach a plaque noting such dedication. Ayes 4, nays 0. Mayor Callahan questioned the need for souvenirs. Jabbour felt that would be tacky. Goetten felt that would be a waste of money and suggested they give the money to a social service agency. Kelley suggested a tree be planted during the Open House ceremony. D) Moorse reported on pending legislation regarding special levy for funding the LMCO. Mayor Callahan noted in addition to that bill, there was a bill Introduced In tho Senate to Increase the control of the Metropolitan Council over the cities, by device of controlling their Comprehensive Plans and zoning boards. The blI I folI by the wayside and Is not currently before the Legislature. However, Mr. Orfield has authored a bill related to housing, which again relates to put ting pressure upon cities f rom the MetropoI I tan CounciI. He referred to the bill regarding the special levy for the LMCD. He understood the LMCD’s taxing authority includes levy limits. During the submittal of their Comprehensive Plan, there was discussion to go before Legislature to have the limits lifted. MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MARCH 22, 1993 OTHER ISSUES - CONT. The actual language of the enabling act Is considerably different, as It does have a levy limit. The bill provides for the LMCD to submit a budget to the cities, and the cities owe the money requested. However, there Is not a penalty for non-payment. It appears possible that there is more Statutory Legislation, or possibly d court case, or an agreement with the LMCD which has in practice limited the amount tney think they can levy, and which they follow In allocating between cities. The enabling statute has limits in it. Mayor Callahan noted the Orfieid bill may meet with opposition from the inner ring suburbs, and suggested they continue to monitor the situation. Moorse noted he has sent a letter to representatives expressing Orono’s disfavor of the Orfieid bill. Mayor Callahan suggested there may be psychological reasons why they may want the levy limits left in the bill. Jabbour said the levy limit on the LMCD does not affect Orono, but he felt It may be better not to remove the mental block. Kelley stated he would like to see the limit remain In place. Mayor Callahan suggested they adopt a resolution asking that the bill be tabled to allow time to consider the ramifications. It was moved by Jabbour, seconded by Mayor Cal lahan, to adopt Resolution #3264 expressing Orono’s strong opposition to the passage of the bill setting soecial levy limit for the LMCD, and suggest it be further studied. Ayes 4, nays 0. Jabbour asked that an appreciation letter be sent to Tom Workman for Informing the Council of this issue. E) Moorse inquired as to Councll’s direction on the Lasher Land Ing. Qoetten noted the discrepancy between the reported use. Mayor Callahan stated both are right as It is rarely used In the summer, but heavily used during the winter months by snowmobllers and owners of ice houses. Qoetten suggested the Installation of a gate to limit the use. 14 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 22, 1993 OTHER ISSUES - CONT. Jabbour felt both ends would have to be blocked. Mayor Callahan suggested they try to control the use, not to abolish It, by the Installation of gates, entrance through the gates to be controlled by the City staff. F) Moorse reported that the Minnetonka Center for the Arts has been established as a polling place In lieu of the former City Council Chambers. G) Moorse reported staff Is In the process of applying for a matching grant from the MWCC for an Infiltration and Inflow Program. Jabbour stated Tonka Bay Is very concerned about the additional fees charged to the cities. H) Moorse explained they have tentatively settled with the Police Lieutenants for the 1993 contract, which contract is the same as for the union Police Officers. It was moved by Mayor Callahan, seconded by Jabbour, staff to proceed with the 1993 Police Lieutenant negotiated. Ayes 4, nays 0. to authorize contract as Kelley and Goetten asked that all Items requiring action be submitted to the Council and placed on the agenda. I) Moorse reported the resolution establishing weight restrictions allows for an exemption for garbage haulers. Utility companies have expressed a need for exemption also fir emergency purposes. Kelley asked If they should also exoript the Fire Department. Gerhardson noted the Fire Department Is responding to an emergency and the City has the right to authorize that exemption for the safety, health and welfare of the citizens. The Police Department would not know If a utility company was out for an emergency as they would If there were a fire. Mayer Cal Iahan suggested staff draft the appropriate resolution and present to Council. MINUTES OF r:.. REGULAR CRONO COUNCIL MEETING HELD MARCH 22, 1993 CITY ATTORNEY’S REPORT Staunton explained as part of the deal to purchase the City land, the seller was required to place $75,000 In escrow to cover any lawsuit Involving the property ownership rights. A lawsuit was filed contesting the sellers right to sell to the CItv, the District Court ruled against the other party and the Court of Appeals affirmed that ruling. Since that time ail appeal time has lapsed, and therefore the litigation for which the escrow was established has come to a conclusion. He reported It Is his recommendation to authorize the release of the escrow account. This release does not affect any of the normal warranties. The City also has title Insurance. Mayor Callahan has requested a summary opinion :ndlcating their opinion. Mayor Callahan reiterated that they won the lawsuit, and are asked to release the escrow amount to the seller. It was moved by Jabbour, seconded by Goetten, to release the escrow account of $75,000 to the former owner of the property. Ayes 4, nays 0. Mayor Callahan reiterated that the City Attorrsey should supply the City a summary opinion. (««15) LICENSES It was moved by Goetten, seconded by Mayor Callahan, to approve the following I I censes: Septic System Installers: Jerry Johnson Excavating Sullivan’s Utility Services, Volkenant Inc. Ayes 4, nays 0. Inc. (*•16) BILLS It was moved by Goetten, seconded by Mayor Callahan, payment of the All Funds Account. Ayes 4, nays 0. to approve i . . . . . . . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 22, 1993 ADJOURNMENT It was moved by Goetten, seconded by Jabbour, to adjourn the regular Orono City Council meeting at 10:27 p.m. Planning Corrjnissicn Council PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE 31■> A? B PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAi'lE (please print)ADDRESS NAiME OR NUMBER PRESENT FOR (from agenda) ’ Li' - o /o (cy' 1 y./*.<ii H //O . ' M^ 3./i ^4' y ''u.. Ajt- /.uf f 4. 5. 6 . 7. > 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18 . 19. -• 20. ► AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 22, 1993, 7:30 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine to be enacted upon by one motion by the City Council under item* on ROLL CALL tc u wii ijy _______, ______ ^w^h^ent Item* on the'agendaT Memos regarding each of the Agenda itemff®jj|fcja^liable in the Public Packet which may be obtained won ;requesCcJ5SgjJ the Recorder. 7:30 P.M. PUBLIC HEARING - Proposed Use of CDBG Funding Year^XIX 1 2 CONSENT AGENDA* 7:45 P.M. Interview - West Hennepin Human Services Planning Board Applicant 7:50 P.M. Interview - Park Commission Applicants (2 of 3 applicants) 8:05 P.M. Interview - Planning Commission Applicants (4 of 11 applicants) APPROVAL OF MINUTES* 5. Regular Met'-ing of March 8, 1993 PARK COMMISSION COMMENTS PLANNING COMMISSION COMMENTS PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT applicants Imm ■itely after the Council has reviewed your application please sign uhe three (3) original r<=*solutions at the Recorder's desk. Applicants need not execute resolutions for subdivisions, vacations and denials. . 6. #1792 Donald Gronberg, 110 Leaf Street ‘ ‘ . 1: #1802 o^rinde"e"ndent scho";! District #278. Old Crystal Bay Road - Conditional Use Pei-mit - Resolution MAYOR/COUNCIL REPORT ^GINEER REPORT , , , 9. Pay Request #5 - Highway 12 Elevated Water Tank 10. Willow Drive Improvement lb... I AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 22, 1993, 7:30 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR'S REPORT 11 1993 Insurance 12. CDBG Year XIX Funding - Resolution 13. Sanitary Sewer Easement Authorization ”‘14. Temporary Employment at Golf Course CITY ATflfORNEY'S REPORT WS]LICENSES (15*) BILLS (16*) ADJOURNMENT i INFORMATION ITEMS INCLUDED IN COUNCIL PACKET UPCOMING ISSUES AND EVENTS 03/22 - Council meeting 7:30 p.m. 03/24 - Lake Use Committee 7:45 a.m. 03/30 - County Commissioners meeting - Orono Council Chambers 7:00 p.m. 04/05 T Park Commission meeting 7;0_0.P-m. - Council meeting 7:30 p.m. - Planning Commission meeting 7:00 p.m. - Council meeting 7:30 p.m. - 1993 Board of Review meeting 7:30 p.m. 04/12 04/19 04/26 04/29 Affidavit of Publication council NIBETII;'' CIJyOFOOONO State ol Mmneso* ■ County ot Hennepin. Bill Holm, being duly sworn on oath, says that he Is an authorized agent and employee ol the publisher of the newspaper known as THE LAKER. Mound, Minnesota, and has full knowledge of the facts which are stated below CITY OF ORONO NOTCE OF PUBIIC HEAPING 1993 (YEAR X'Xl URBAN HENNEPIN C(!XT'rTY COM».«JNITY OfVELOPMFN ' BLOCK GRANT PROGRAM NotiC# It hereby given that the ory of Drono in cooptation with Henneom County, ourtuant to Title I of the Housing ana Semmunity Development Ac of 1974. as amended, is holding a pubic heartng on \4onday. March 22. 1993, at 7 30 p m m me Drono Council Chambers 2780 Kc ey Parkway. 1 he public heanng n on the housing and :ommuhiiy development nee<is of the c»ty and Jrban Hennepin County, the Urban Hennep'" bounty Commuruty Dei^iop'nent Block Gram -’rogram Statement of Ob/ectives. and tnt proposed use of the Year XI'C Urban Hennep ri bounty Community DevelOf ment Block G^an* Vogram planning aiiocatior of $20,667 by the :tiy in addition, during tf e July l. 1993 to !ur>e 30. 1994 program year ii is estimated nat no additional program f^oome from locally jr>ded CDBG activities wi be available to the :ity The Statement of Oo/ectives consisls of he following seven p ogram areas (i) •administration , to nanmue program >enefit and effectively administer progra'* jnds (2) HOUSING, to ehatxiitate and assist n the development o' housmg which s iffordabie to low- ard moderate-income ouseholds. (3) NEIGHBORHOOD DEVITALIZATION, to naintam and preserve lable neighborhoods hrougn concentrated ommuniry devetopmer; activities (4) PUBLIC AGILITIES to improvir ensting and ass st m financial assistance to businesses which will provide or retain employment to the bene? t of low and moderate-income persons (6) PUBLIC SERVICES, to expand and improve me quantity and quaiih/ of pubi c services available to lOw- and modente-ir come persons. and (7) REMOVAL OP ARCHITECTURAL BARRIERS to re nove r.aterial and architectural banners which ristnct the mpbihry and accessiblity of eicerfy or disabled persons Une development of new public fac ities which >enefit low and moderate-income pe sons. 5) ECONOMIC DEVELOPMENT, to p^ovde The City 0‘ Orono is proposing to ur>dertake the following actfviTies with Year X X Urban Hennepin County CDBG funds utamivi onor^XHJl July 1.19h3 AcIivitV WeCan Westonka Intervention Interfaith Outreach ana Commcnity Partners Stubbs Bay Sewer Cooneciicn Budaei $1,000 1.000 1 ooc 17.86 ’ Subsequent increases or decreases m me community planning allocation or the budget of any funded activiry gy greater o* $10,000 or SO percent of the allocaied amount IS a substaniiai cha/'oe arx: pursuant to Urban Hennepin County policy will be subjec to the amerxlment process For additional in'ormaiion the proposec activiDet. level of furyjtrg program ob)ec^ves and performance, contact dty of Orono a ’ 4 73-7357 or the Hennepin Counry Office o* Planning and Developmen* at 348 64 18 The public heanng is being heic pursuant lo MS 471 59 By Oder of the Oono C'ty Council rs Dorothy M LDa'* n 'City Oerk (Published *n The Laker and Pioneer March 8 1993, A.) The newspaper has. complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota S»atute 331A.02. 331A.07. and other applicable laws, as amended. B ) The printed —S:^ <■- \ ---------- ^ T ______________------ j Which is attached was cut from the columns ol said newspaper, and was printed and published once each week for ______successive weeks: It was first published Monday. the day of and was thereafter printed and published every Monday, to and including Monday. the.day of Rate Information (1) Lowest dassilied rate paid by commercial users lor comparable space. $10.76 per inch. (2) Maximum rate allowed by law tor above maner: $1C 76 (3) Rate actually charged for above maner: $5 98 per inch Each additional successive week: $4 12. •. » 1. 2 . 3 . 4 . 5. ,/ WEST HENNEPIN HUMAN SERVICES PLANNING BOARD APPLICANT INTERVIEW QUESTIONS C/Jy ^ What are your interests in serving on the WHHS Board?m What particular knowledge, skills, abilities and/or experience would you bring to the position? Please dificuss your knowledge and thoughts regarding the role of the WHHS Board and the network of human services available to western Hennepin County. How do you see the WHHS Board members relationship with the City Counci]. What do you see as the key issues facing the WHHS Board for 1993 and 1994? r CITY of ORONO MunidpaJ Of^ces Post Offlct Box 66 Crj^s^ Minnc5oL3 55323-0066 TELEPHO.NT:-473-7357 • F.\X - 47V<)5I0 WS 2 € 5^93 APPLICATION FOR CITIZEN ADVISOR? CC SSIONS Corn-mission Applying For: CJTYOf^W ■ Imussir;^) Parks Commission Planninc Commission 2 Community Task Force (Name) U)p<r ^:.c-S Name -S r<iLC )/_ _^ Address ^>1'‘^^Hk K Post Office & Zip Code / 4T <r/ Telephone (H)H:y - l/7^^ - /-(H)/ /2 ^-/'/i -/- ? 5^ Resident of Orono ?/years Work Experience: T' •--y~~,f 1/ 'V /£ ^ 0 7^/wA*TMiZ / * » -p Unsre-' c - lj)f\)OHTLt ( (ft ud-' {, hiLL pH-nm r / -r-/ Crr -/? J if Ti:IIVTLuL - rir.c,,= ,jrA^,ev !fncMirt'. Civic and Volunteer Activities (past and present) - {/-/■/ ■ ■• OaV / O c /% c JOH i j^Ll ///-/ ' /4 - — A fW*jm I Mf liM lTiai please state your reasons for wanting to serve on this Commissi or; r /Di^aco he as specific as possible. Dse additional sheet if(Please be as necessary.) 'J'h kL /? feMc (h rrti n ^ r !' j~(ri ^C^/C ^ '/ / /y ^C/ /f f / c V/'<- a '/t r -e, . y l-e C i ft/!:/ C //■ IUU: Jh A/j kitc. j >J L /,10 i - ; <^ L C//' l 'll S' j<c c'/*r^ -j r0 \ \J I f •*_______ <C r . r "•—= ^-1 U . ^ \ 'C'tTi^l'/'-/ yiL-Qf/oJ/c^ yi/ icJ hc^ o‘-^ ^ ^ /^ v\r' >x r i\\Q 7TiCCcS^ o rl^l /f / *0- S. '/i j!ri X- ciUcCy > K(0~ -y <r7(^V'L-’< 7 / -h'/c ^ I rj-^'ilu ■ J/C/.'ft'X f J # t G. ,{a ,4 What is your view of the role of the Coimnission? "^o/i 0 (/C A >(q;/x> leirl9 >■-- / / o7 A Cc-t^'S^S —'2tc a Cl\il ., /// / 4 lie 7- /" r;/ X I 'T'L ni c/. ^ jJc (y /u 7e__yr-'Xjy\/^ —:—— “ 7 / -r* [\ \>(ttia //> . Other Comments: (Ose this space to include any further information you would like the City Council to consider, or that you feel is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) :<■/-/>/ COc: r / > ^ • 0 I ^ ^(*<~>. V .i ^ I understand this appointment meeting. may be discussed at a public Date EMPLOYMENT EDUCATION SKILLS SHIRLEY J. LAUE 594 Park Lane Long Lake^ NN 55356 (612) 473-6943 Combined Insurance Company of America 1990 - Present Sales Agent Woodbill Country Club, Wayzata, MN 1982 - Present Head Waitperson, Responsibilities: Researched & implemented training program for bus persons and wait staff. Produced weekly schedule for staff. Receive guests and serve tables. Party Assistance, Long Lake, MN 1982 - Present Caterer, Responsibilities : Establish clientele, pro'fide quality catering services, coordinate cooking, serving and bartending for private parties, conduct sales and promotions. Interchurch Community Association, Minnetonka, MN 1988 Public Relations, Responsibilities : Evaluation of volunteer staffing requirements and maintaining volunteer records. Compiled and maintained service statistics records on monthly basis. Pedaler's Paradise Bike Ship, Maple Plain, MN 1979 - 1981 Manager, Responsibilities: Managed business relationships with suppliers, maintained small business activities including data processing, preparation of financial forms, and routine paperwork . Authorized ordering and purchasing of supplies . Pro-Source Life, Health, Property & Casualty Insurance License. 1988 Concordia Collage, St. Paul, MN Bachelor of Arts, Organizational Communications, 1987 Associate of Arts, Elementary Education, 1959 Apple lies, word processing, organization, fjnd raising. SHIRLEY J. LAUE Page 2 ACTIVITIES Epsilon Sigma Alpha International Educational service organization. Have held all offices within the chapter and various State offices. Previous Minnesota State President • Coordinated fund raising and events for St. Jude's Childrens and^Cancer Research for the University of Minnesota. Minnesota Special Olympics Volunteer Have organized summer and winter training camps for 1999 International Special Olympic Team. Worked concessions at 1989. 1990 and 1991 Hoopfest. Refreshment manager for 1991 International Special Olympics. INTERESTS Coifing, skiing, reading, gardening, traveling PARK COMMISSION APPLICANT LNTERVIEW QLTSTT^ Criteria Excellent ^>9jPoor Interest in serving on the Park Commission 12 ___ Knowledge, skills, abilities, and experience Familiarity with the following items: a. Tbe Park Plan section of the City’s Community Management Plan b. The City’s Park Dedication Ordinance c. The City’s bike/hike trail plan d. The City’s current park facilities \ 1 1 I----------------- ■ 1 - ..........._ii Support of current Programs/Policies and Philosophy of City Perspective on Council/Park Commission responsibilities and relationship Perspective on key issues facing the Park Commission in 1993 and 1994 1 JL PARK COMMISSION APPLICANT INTERVIEW QUESTIONS Criteria Excellent Good Fair Poor Interest in serving on the Park Commission Knowledge, skills, abilities, and experience Familiarity with the following items: a. The Park Plan section of the City ’s Community Management Plan b. The City ’s Park Dedication Ordinance c. The City ’s bike/hike trail plan d. The City ’s current park facilities Support of current Programs/Policies and Philosophy of City Perspective on Council/Park Commission responsibilities and relationship Perspective on key issues facing the Park Commission in 1993 and 1994 * ^ 0%,CITY of ORONO Municipal OfSccs Post Otflc« Box 66 Cr}5t^ Bay, Minnc50!a 55323-0066 TELEPHONE-473-7357 • F.\X - 473-0510 APPLICATION FOR CITIZEN ADVISORY COMMISSIONS Commission Applying For: • •Parks Commission Planning Commission Community Task Force (Marne) Name ~^Tkfyiss Address 3^/^ Post Office & Zip Code Ia M^Z-4-7'4 . S'S'Jf/ Telephone (H) ^7/ -f/3&(W) 7 J Resident of Orono 7 years » Work Experience; w C^’if'^7' t'tt A/c Cyrr7^c,y:ia i U>'fA rc^T^:/ /> ■ -T'~///os^^uff4 0 Education /P.y^. O/Uct. a A jy- 7?rt*iic^S /I^t.rtcdn ^tJ/ory - ux ^i'c-YT r) S7t» i)/-^ f ■ • « Civic and Volunteer Activities (past and present) ; . UtriKcf^ P^ric 0^^iiJ-r,^M(f-S^t^r‘ricr ^ Onc/^Uxf Qrci^J ^ /1e*nt^r: cr J7oA^d e A>^'^A i6/\ , — ^ <rr,* iv. .^4 mrQ 4*^ r t. ' Please state your reasons for wanting to serve on this Connnission (Please be as specific as possible. Use additional sheet if necessary •) w~ J- a in/trsyt pjrlrj d/»^ piry- r.kuA^^ P^r!<rj' rUol^ iMik. AUne-h^t<3 /Ir /// o-r-^ ai,.,. ^r»c// ■fit. rf,rUi. rur^u-fc^L ' -/Jt c-»i^u.».>y ■ -------------------------------------------------------- -------------- What is your view of the role of the Commission? jI^ /g rci/fea^ V ac C^iy (Tou,iCff A'^p Sydcc /rxuej rddje. ^ f>^gcsiJ . YAu <i^J /M c>m/(^//7 7^ ^>/lg:------------------------------------------------------------------------------------------- Other Comments: (Use this spkce to include any iof^ormation you would like the City Council to consider, ySu Lei is Relevant to the appointment f°“ .^ke ^ the Counci l ?o also attach other materials you would like the Council consider.) I understand this appointment may be discussed at a public meeting. Cf/^sS S i gnature Date // /■' I! O O'^CITY of ORONO ■ -A .V. » V j' * * .4, X^, I Municipal Offices Post Office Box 6<5 Cnstal Bay, Minnc«)La 553 Post Office Box 66 5532BW1& iTYC^ 1 !RO\c^___; \\ ^ 'i -C/V>' crrYC* nsONC TEU'.rHONE-473-7357 • FAAS 47741510 2^£sho^» — * APPLICATION FOR CITIZEN ADVISORY commissioAAN 2 2 1^23 »Please state your reasons for wanting to serve on this Connnission (Please be as specific as possible. Use additional sheet if necessary.) What is your view of the role of the Coimiission? fU 'h \P a MX _ (^/'/^eA/h^ Me /a J^ '7^ H^- f^yujuAfUcX , other Comments: (Use this space to include any further information you would like the City Council to consider, or that you feel is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) 'I^AuL —........................... . AA jM /-Xu 7 I understand this appointment may be discussed at a public )/nM "Ua te WPI WELLES PROPERTIES incorporated January 7, 1993 Mr. Ron Moorse City of Orono P.O. Box 66 Crystal Bay . MN 55323 Dear Mr. Moorse: i am writing to you to express my interest in filling the vacant position on the Parks Commission. I have been an Orono resident for nearly four years and a lifetime outdoor enthusiast. I am also the father of two active young boys and J want to ensure that they will be able to enjoy the quality of life that we have in Orono through a well managed park system. Separately, I have been in touch with John Gerhardson regarding implementing a cross country ski program on the Orono golf course. This is one project I would be interested in pursuing as a Commission member if the golf course ultimately comes under Parks Commission control. Ron, please let me know what the process is-to formalize my application for the Parks Commission vacancy. I look forward to hearing from you. PCW/bm 0 • %r * • JAN '8 1100 FOSHAY TOWER • 821 MARQUETTE AVE • MINNEAPOLIS. MN 55402 • (612) 332-5656 • FAX (612) 335-3665 M < I •? * r CITY of ORONO Municipal Ofncts Wisi OfTicc Box 66 Cnstal Bav. Minno^ta 55313 January 12, 1993 Mr. Peter C. Welles Welles Properties Incorporated 1100 Foshay Tower 821 Marquette Avenue Minneaoolis, Minnesota 55402 Dear Mr. Welles, Thank you for your interest in the Park Commission vacancy. An application for Citizen Advisory Commissions is enclosed. scheduled Council meeting, as a tentative date to interview applicants. vou HZ for Te has be^m finalized. •• - SiiK erely. in City Cler^ Enclosure TEIiPflONE - 4'’.V7.'5T • ^A\ • 47M5I0 C/ PLANNING COALMISSION APPLICANT INTERVIEW QU Criteria Interest in serving on the Planning Commission Knowledge, skills, abilities, and experience Familiarity with the following items: a. TTie City’s Community Management Plan b. The City’s rural development philosophy c. Lake use and management and lakeshore development d. Long term street and transportation planning e. Highway 12 Support of current Programs/Polic^es and Philosophy of City Perspective on Council/Plamiing Commission responsibilities and relationship Excellent Perspective on ways to develop or retain good Planning Commission/applicant/staff relations Perspective on key issues facing the Planning Commission in 1993 and 1994 Good oor » m r J V ^ 4^ CITY of ORONO MunicipaJ OSces Post OflRce Bot 66 CnTOJ Bay, Minnesota 5£321v0O66 ‘ ’J L\ ■ TELEPHONE - 473-7357 • F.W-473-0510 FEB 2 4 1GS3 APPLICATION FOR CITIZEN ADVISOR! COMMISSIONS •• • • •^ % Please state youc reasons for wanting to serve (Please be =»*= <;Decific as possible. Ose ad( necessary.) ^ on this Commission Jplesse"bT'‘as~specitic as possible. Ose additional sheet if JJAu Ic'/MJ ^ --£^O- ■ - - - - - /} TJ What is your view of the role of the Comnission? l/\ / ak^ other Comments: c%'\:V®Cou “cii"to “co^sfd^r/o^rtl^ information you would like the City c seeking. You may riso*“itUh'%\"e%"\Vte»^rs%‘ou “woufa 1 ihe the Council to consider.) ■B • . /o ■'■••A .*.N . t>i CITY of 0R0;K0- Municipal OfCces Post Ofllce Box 66 C -Vrs r ;-1 CnstaJ Bay, Mimiesou 55313-0066. i— _ .* <_ \^/ telephone - 473-7357 • FAX • 4734)510 ''JAM' 2 2 I APPLICATION FOR CITIZEN ADVISORY COMMISSIONS Commission Applying For: Parks Commission Planning Commission Name Community Task Force (Name) • L-naL ^adress fOWV Office fit Zip Code a1 f' r LA >Post 3 9 Telephone (H) 9“73 ~ Lo ^< /(W) Resident of Orono ^ ^years Work Experience: - /'V/n I^tn / 7 f ^ '7 fi n T-------------------------------------------------- , f:. .5 p (V / -> I V /4 c ' /I 7.-7;'W “i /A^ ! N f fYf^l Hf/P> ^ ^:Cf\ /Y]/^/^\r’f^!l S(^cn'7Y of-r,c.fn/:-<iAV:-----L-J--------'Ar-'fn/^,^Atr ^ -f,o<^ / /\ ) /Ch', Aic-c/V^t^O Education ^ .7,. ///cl/4 5 cli rfiV- :■ A/j^,tA'oi'^ -• A yr-^<''<^^’1 . A/zV. P l~ A ; A Civic and Volun .eer Activities (past and present) / '7 Please state your reasons for wanting to serve on this Connnission (Please be as specific as possible. Use additional sheet if necessary •) / - tU-- T( (I r- ^ ^ ^ ^ '' A »\/\ fr-;\c ^ «■"• A r'r- r r f A //\'a' “T O 7^/r c •r--; A’ A L.'! T\. ' r A /s c A- ' What is your view of the role of the Commission? Cl AT ■; /.? V ' A w T' ^ A- A' T^C rr $ r,/i a/ .0 ? £1 / *7 ^ /,'^5 I • u. A 4 X 5> A /f. n (V , ,• < /; c-» LA*^- Q M:- A/r'P A r-/^£ A,\,U< 'T '/ ,VA y; /< ,r ,? <- c-^ A. /V1 ^ A j -r / /,■ /v •; f ^ a' c' j/v ^ / h consider.) !< & a u 'T- I understand this appointment may be discussed at a public meeting. //i S ic..«jture Date * w . . .V /• > li w’!^ r.f 'V ’i t'i CITY of ORONO NfunicipAl OfflfM Post Office Box 66 Cr>ti»l R«y, MlnnMOU 553i3-0066 TELEPHONE-473-7J57 • FAX-473-0510 APPLICATION FOR CITIZEN ADVISORY COMMISSIONS Commission Applying Fort Parks CoTiinission / Planning Commission ^Jcoiamunity Tack Force (Name) Nine r^latMeS £i)ivaj mlw^ovv Address ^?)D (ja^ ^urM PyaU Oflice & Zip Code Telephone (H)(W) W7S-rt3a Resident of Orono years Work Experience; iN rt<> F><4.Tair;'7 «r./ G^weitTf ^9at(i Ettiwj. 6m).-l1<£w. ki'-t Gnjmi* l)uL&itiegS __________________ ___ Education i) B.ft,C^Wfew(liUe; HM'., H6Q’, 3)q«fM,tlST-wlwts anut.eWses in &<4Ui«A<mx- rloMIttMiX. Civic and Volunteer Activities (past and present) ; Smites Co^ua\ mi ^ • »»• • fc Please state your reasons for wanting to r.rrve on thin Commiseion (Please be as specific as possible*. Use additional sheet if necessary,) _\ U’kk 4d 0J> dL«/rtALVul>0+ What is your view of the role of the Commission? QtAViuianuM. ai CLU. cJlNtUXA IjcJU -tt> 'tki. (jutttlf. A_________iiXL U(£tKWf!AJ), d'tC. j CMjjj (kS (vivLpgt^ Ug, Wu(^UMAU»\ji Other Comments: (Use this space to include any further information you would like the City Council to consider, or that you feel is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) /».. tX^A tAAAlxil .4 .VKil/. fi>. (^1^ I understand this appointment may be discussed at a public CIVIC AND VOLUNTEER ACTIVITIES: PAST:Our Lady of the Lake Women's Council - Vice President and President. Our Lady of the Lake School Board President, Home and School President Set up volunteer program and headed it up as their Volunteer Coordinator. Set up Library and organized it. Set up Fundraising programs. Served on various committees for employers such as sales and service and employee recognition. -p'l-eai/e state your reasons for wanting to serve on this Connnission (P.Vease be as specific as possible. Use additional sheet it necessary.) Given my career field I am very interested in Land Use Planning. "I also feel we need Eo give time to our community. With tnis In mind I would like to serve on the Orono Planning Commission which To m area I can bring some knowledge to. Also my work experience a planning department for the City of Richfield has given me an uiidet.ouanding oT the planning and zoning process and the importance of effective land use and land use planning. What is your view of the role of the Commission? I view the planning commission as a policy making and implementing body to ertectiveiy represent the residents, businesses and city. This is accomplished by listening, understanding, and implementij.g policy by researcn and educating on effective land use for both now and the future. Other Comments: (Ose this space to include aby further information you would like the City Council to consideri> or that you feel is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) I am very committed to preserving the environment while halanring tne needs ot the city, its residents and the business community. I understand this appointment may be discussed at a public meeting. ./Date % MINUTES THE REGULAR OROhO COUNCIL MEETING HELD MARCH 8, 1993 f^lTy ROLL °'%n: The Council met on the above date with the following members present: Mayor Callahan, CouncIImembers Charles Kelley, J. Diann Goetten, and Gabriel Jabbour. JoEllen Hurr arrived at 7:45 p.m. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Building & Zoning AdminIstrator Jeanne Mabusth, Assistant Planning & Zoning Administrator Michael Gaffron, Police Chief Stephen SuMJvan, City Engineer Glenn Cook, City Attorney Kevin Staunton, «:nd City Recorder Teri Naab. Planning Commission members Maureen Bellows and Stephen Peterson and Park Commission members Dick Flint, Li I I Me McMillan and Susan Wilson were present. Mayor Callahan called the meeting to order at 7:30 P.M. (#1) CONSENT AGENDA Jabbour added Items #4, i4 and 15. It was moved by Jabbour, seconded by Kelley, to approve the Consent Agenda as amended. Ayes 4, nays 0. Goetten opposed Item #14. Hurr was not present for this item. Motions for all items adopted by consent agenda will be Included In the minutes In their respective numerical order. (#2) APPROVAL OF MINUTES Goetten asked that Page 7 be changed to read, "how the prohibition of . .". It was moved by Goetten, seconded by Mayor Callahan, to approve the minutes of the regular meeting of the Council held on February 2.7, 1993. Ayes 4 nays 0. PARK COMMISSION COMMENTS (#3) ORONO BASEBALL ASSOCIATION LEASE AGREEMENT - 8EDERWOOD PARK Flint reported in March of 1990 OBA was granted approval for the use of Bederwood Park for their Little League program, but the minutes of that meeting are unclear whether that usage was approved for three or four years. He noted the Park Commission has annually reviewed the use of the park and the Little League seems to have a good rapport with the neighbors. This year OBA appeared before the Park Commission to request the use of the park Tor one additional year to allow time to work toward finding a permanent location. The Park Commission recommended approval of such use. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 OBA LEASE AGREIEMENT - CONT . John Merridth, Watertown Road, represented several people and reported they do not have a problem with the Park Commission s recommendation. Steve Carlson, President of Little League, explained they are in the oroc“S' of estabilshing a committee to work toward positive ac^on o^“ a^ong-t%V"m goal. Their intent is to use the park for one more year. Mayor Callahan asked clarification of the organization. Carlson explained OBA is the umbrella ‘ av different age groups are represented. He noted boys ^ ^2 play a BeSe?woTpark.°He said they are considering several s.tes for the new location. The committee is made up of members of the OBA Board and citizens. Goetten suggested OBA canvass other c ties within the school district for support also. Mayor Callahan questioned whether a new field could be ready for Dlav for the 1994 season. He recalled a serious opposition to the use of Bederwood Park in 1990. but after repeated ^ that the use was only temporary. Council a it appears that once that approval was g.-anted, activity toward a long-term goal ceased. rarv Larson President of OBA, said he has worked two years with the^hockey arena board hoping to add bal l to their plan ^or recently fallen apart, at which time OBA began looking at the site in Map Ie Plain. Jabbour stated Bederwood Park would never accommodate Little League’s lony term needs. Larson said they are working bynot have the funding to develop the school district sue oy themseIves. r,v, -.r. play In Orono. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 OBA LEASE AGREEMENT - CONT. Bellows asked the City to consider a commitment to work with the school district to enhance the sense of community spirit. Goetten noted the committee felt the issue was school district­ wide, and not specific to Orono, therefore support should be rallied from the other communities. Jabbour felt the City should participate financially In locating the new park, but questioned to what extent Orono should fund and physically support 1 of 50 organized sports in Orono. Mario Merridth said she is happy to serve on the committee, and asked Counci I to make a decision that this wiI I be the final year of use at Bederwood and have the improvements removed as agreed upon. She noted there are very few improvements that are needed at the Maple Plain site and the City welcomes OBA. She added the site could be ready for play for the 1993 season. Goetten expressed concern that OBA may not be continuing Little League and may not have appropriate insurance. with Carlson clarified that OBA Is considering discontinuing Little League affiliation because children in open enrollment are not allowed to play on the teams. He said ^-hey still would have insurance and would not play without it. He stated Orono has enough players to establish their own league, and felt this issue and Bederwood Park are not intertwined. He noted if they do discontinue affiliation, it would not be impossible to later rejoin, as they would continue using Little League rules in the interim. Mayor Callahan asked if this age group would continue to be a part of OBA if Little League were discontinued. Carlson explained OBA is the umbrella organ Ization, of which they would remain a part. He said Little League offers rules, reasonable rates on insurance, and post season tournaments. Jabbour thanked all for their work on this Issue. Carlson noted the next meeting of the committee is scheduled for March 18th. Jabbour agreed with the Park Commission’s recommendation, but stressed the necessity for OBA to offer a solution for the 1994 season. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1b33 OBA LEASE AGREEMENT - CONT. It was moved by Hurr, seconded by Kelley, to approve the use of Bederwood P^rk by OBA per the Park Commission recommendation, based on monthly progress report to the Council by the committee, and acceptable Insurance Is provided by OBA. Goetten suggested Council be apprised of any and all changes in the use of the park or progress of the committee. Kelley inquired when It Is appropriate to discuss financial aid. Jabbour felt it is the City’s prerogative to purchase from OBA the improver;ents to Bederwood Park. Mayor Callahan noted that issue is not a part of the agenda or the motion. Hurr stated she does not have reservations to financially support sport activities within the City. Vote: Aye? 5, nays 0. PLANNING COMMISSION COMMENTS Bellows expressed interest on the part of the Planning Commission to continue in the spirit of a good working relationship, and suggested a Joint session with the Council, PUBLIC COMMENTS There were no comments. ZONING ADMINISTRATOR’S REPORT (*#4) #1457 ALAN CARLSON, 3140 WATERTOWN ROAD - REQUEST FOR SECOND EXTENSION OF PRELIMINARY PLAT APPROVAL - RESOLUTION #3242 It was moved by Jabbour, seconded by Kelley, to adopt Resolution #3242 for Application #1457 Alan Carlson, 3140 Watertown Road, granting extension of the effective period of preliminary plat approval for the plat. Crystal Creek. Ayes 4, nays 0. *• MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 (#5) #1792 DONALD GRONBERG, 110 LEAF STREET - VARIANCE Donald Grc'ii -g and Mark Gronberg were ^rasent. Mabusth reviewed at the February 8th m^aiing this application wd:s tabled aliowing the appiicant time to revise his plan end retu n with a plan that would reduce or eliminat" the encroachment into the protected wetiand area. She reviewed .wo plans submitted, of which the applicant prefers Plan B which proposes a 67’ setback from the tributary, 1.7X hardcover in the 0-75’ setback area, and 5.3% over the aliowed in the 75-250’ zone. She referred to a drainage plan submitted indicating Plan B provides for more run­ off being directed to the 250-500’ zone and away from the tributary where Plan A would '-esult in greater drainage going to the t ributary. Mark Gronberg statej this house is proposed to be 10’ closer to the road than the nearest house in the area, and only encroaches the creek by 3'. Currently there are adjacent resiaences located up to 49’ from the creek. He added an OHWL has not been established for the creek. Jabbour felt the applic it ^s made an attempt to adoress the Council’s concerns and thcok d him for that. Goetten noted Ihr Council lad asked that the house be downsized to better fit the setbacks. Mark Gronberg noted that has been done. He noted the setback from the road for this proposed house is measured from a 25’ wide right- of-way oppose'* to the 33’ used by adjacent residences, thereby locating the residence actualiy 8’ closer to the road that other houses. Kelley asked If the property would need variances if It vi^ere not for the new shoreiand regulations. Mabusth stated a 26’ tributar setback would have been required, and hardcover would not have been a consideration. However, a lot area variance would still have been necessary. Don Gronberg felt it very stringent to go from a 26’ setback to a 75’ setback in one year. Hurr asked if the DNR would review the proposal. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1792 - CONT. MabustL explained the proposed residence meets the DNR’s requirement of a 50’ setback and therefore a review is not necessary. Hurr expressed concern about the need for a hardcover variance. Mark Gronberg noted they have given property for the road easement, and therefore should be given coni, i clerat i on for the overage in hardcover. Goetten voiced concern that the City has just adopted the new shoreland regulations, and granting setback variances would set a negative precedent. Mark Gronberg asked that Council review each individual lot. He noted the pond was artificially created. Jabbour stated the ordinance was written with the intent to help to purify water entering Lake Minnetonka. He felt the applicant would obtain the desired setback Just by waiting until tne water level of the creek went down. Mabusth noted the dam controls the OHW of the ponding tributary. It was moved by Jabbour, seconded by Hurr, to approve Application #1792 Donald Gronberg, 110 Leaf Street, ap,proving Plan B per the hardships stated with the Planning Commission recommendation, and granting setback, hardcover and lot area variances for a new residence. Ayes 3, nays 2. Goetten and Mayor Callahan voted nay. Motion carried. (#6) #1796 PETER W. T. L’ALLIER, 2684 LYDI.^RD AVENUE - CONDITIONAL USE PERMIT - RESOLUTION #3243 Mr. L’AIMer was present. Mabusth explained the applicant seeks a conditional use permit for the installation of a Kitchen within a guest apartment. A permit has been issued for the construction of all but the lltchen area. Access to the apartment Is via a skyway, an internal litairway and a safety access through a three-season porch. The Planning Commission has recf^mended removal of the access stairs from tfie three-season porc^, however staff has asked Counci I to consider allowing the rear access stairs to remain for safety reasons, especiwily due to the fact that the apartment Is over the garage ares. i 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE it1796 - CONT. Bel lows noted the Planning Ccnmission members al I felt the stairway should be removed, but she could understand the safety reasons for maintaining the stairs. Goetten expressed a major concern with approving this application when in the past they have rapeatedly denied any outside access to guest apartments. Kelley agreed and noted primary access will not be through the principal residence for this unit. Bellows suggested the elimination of the internal stairway. L’Allier stated that is his only internal access from the principal residence to the garage. He noted the guest apartment area was originally designed as an open play area, but the Fire Code required the installation of the doorways. He noted the stairs off the deck area were added only for safety reasons and actually descend to a wooded area to the rear of the property. Mayor Callahan asked what is to slop the applicant from screening under the skyway. L’Allier noted that Is his only access to the rear yard. Mayor Callahan noted their concern about three accesses to the apartment, but Council may be willing to agr .;e with the safety access upon staff recommendation. L’Allier noted the internal access provides wheelchair access to the first floor In case of emergency. He stated that access Is most usable and safe. Kelley stated he Is not In favor of the application, but would be wiI I Ing to approve conditioned upon removal of the kitchen when the parents no longer live in the residence. L’Allier agreed to that condition and noted the kitchen can easily be removed. Staunton said the ordinance states, "at least one access door must be provided from within the primary residence”. He opined that this can only be allowed If the garage Is considered part of the principal structure because the skyway ties the two together. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1796 - CCNT. It was moved by K.lley, seconded by Hurr, to adopt Resolution #3243 for AppIication #1796 Peter W.T. L’AIIier, 2684 Lydiard Avenue, for a conditional use permit to allow a non-rental guest apartment, conditioned upon the kitchen to be removed if the parents of the applicant are to move out of the apartment. Hurr asked Kelley to define "move out Kelley stated they must consider the apartment as their legal res Idence. Hurr felt that too restrictive. L’AIIier stated his father probably will be required to move to a nursing home in 3-5 years. Kelley modified his motion to indicate If the apartment Is no longer used by the parents. Vote: Ayes 3, nays 2. Goetten and Mcvor Callahan voted nay. Goetten felt the condition highly restrictive and not fair to the appIicant. (#7) #1802 ORONO INDEPENDENT SCHOOL DISTRICT #278, 770 OLD CRYSTAL BAY ROAD - CONDITIONAL USE PERMIT - RESOLUTION #3244 Dr. Mich, Neil Lawson, Melanie DeLuca, John Marish, Martha Vandervan and Don Anderson were present. Mabusth explained the appileant seeks approval of a conditional use permit for the construction of a 36x50’ aadition to the southeast side of the existing building for expanded daycare use. Mich stated this would be an extension of the school campus. Hurr questioned, as a taxpayer, the need for additional facilities when those available are not used to their fullest capabilities. d MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1802 - CONT. Mich explained current facilities are being used to their fullest extent. He noted some uses proposed for this building cannot be incorporated within the existing school campus, such as a teen center. The building is proposed as a multi-purpose center to encompass all Community Educational needs, and the use of the building may change over time. He noted taxpayers have supported the expansion through the approved referendum which will pay for the addition. He added daycare fees charged pay all operating expenses of the building. Bellows reported the Planning Commission felt this expansion appropriate as it supports the existing school campus. Jabbour questioned their ability to approve a mu 111-use condltionaI use perm!t. Staunton opined it is acceptable for the Council to approve a multi-use if those uses are defined. Kelley asked if they propose a full-sized kitchen and inquired about the correlation between a good breakfast and the learning process. He asked if the daycare is forced to follow guidelines of the County. DeLuca explained a serving kitchen will be provided Include a stove as meals will be provided from the facilities. It was determined through a survey of that serving a fuI I-breakfast was not a vital need, they follow guidelines established for daycares by of Education, and have elected to adopt the County’ add 11ion. which does not campus cooking the community. She indicated the Department s standards in Mayor Callahan questioned staff’s report, and enforcement of such. He asked about criteria Mabusth exp I a Ined they are dealing with an unknown commodity as all uses are not specifically de ined. Bellows felt the ambiguity may be coming from the parking issue, which the Planning Commission addressed. It was determined that proposed parking meets the most restrictive standards required, and additional parking may be available if deemed necessary in the future. Jabbour felt the School should define its uses. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1802 - CONT. Kelley felt that since the school has either an implied or approved conditional use permit for the western campus, this use could fall within the parameters of that approval and It is not necessary to define each use. He stresseo he does not want a for-profit organization to run the latch key program. Mayor Callahan felt the conditional use permit approval was not conveying the intent of the code if it is to allow lesser improvements conditioned upon future review. Goetten stated that additional review is always an option with conditional use permit approve . She welcomed the plan, and felt the multi-purpose design good because of the need for the community to look at different ways to handle situations. She felt the school district should not be required to report on new uses. Jabbour reiterated a need to define school uses for the building. Marish explained over the years the School District has had an obligation to provide for the demands of the public. These demands evolve and change over time. The building allows for flexibility to provide for those changing uses. He proposed they write parameters based on reasons for purchasing the property. Mich stated Community Education is governed by requirements defining uses. statutory Martha Vandervan suggested writing the conditional use approval to encompass school district programs as known pub lie. permit to the Kelley felt this an example of the City trying to over regulate an approved use. *^taunton reiterated one permitted use under the conditional use permit section of the code is a school. DeLuca stated the statutory parameters are very broad and are subject to change from year to year. It was moved by Hurr, seconded by Mayor Callahan, to table consideratiOfj of AppIication #1802 for Orono School District #278 to allow applicant time to provide further information helpful in drafting the approved uses within the resoiution, in order to protect the interests of the City and the Schcol District. •1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1802 - CONT. Lawson noted the School District has provided all information required by staff to date, and added a delay would prohibit the building from being completed for the next school year. Hurr withdrew her motion. Mabusth explained the parking lot is to remain, and staff has asked that striping be provided. Planning Commission has recommended approval of the one stall within the 50’ setback. She noted the City is asking the School Dis‘»rict for cooperation in dedication of an easement for the bike trail. Staff recommended the median be curbed, but the School has asked that not be required as the area is used for play by the children. At a minimum a 3’ wide raised bumper is requested around the light poles, and signage be provided to direct one-way traffic flow. She noted the applicant has asked that the requirement for a Letter of Credit be waived. Goetten felt the Letter of Credit Is not necessary as they know the commodity they are dealing with. Jabbour agreed. Mayor Callahan asked Sullivan to comment on the curbing. Sul I Ivan stated the curoing would be helpful in designating parking areas, but is not necessary. Marish stated the curbing would created a maintenance nightmare. Jabbour inquired about *he bike trail easement. Mich repo, ted the Board has approved the easement In front of the student center with additional setbacks, but net fronting the school property to County Road 6, conditioned upon safety features oeing added. Flint noted they wl*' .Tot need the additional easement from the rest of the school ' strict property. Kelley expressed safety concerns with tne access to the prooerty. He suggested access be widened, and striping and signs be added for the crosswalk. He agreed with the curbing only around the light poles. Lawson noted the parking lot was specifically designed for use by emergency vehicles and busses. He added the crosswalk striping is In place. He saic the light poles do Include a cement base. 1 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1802 - CONT. Hurr felt aesthetically she would like to see more than just a concrete chi<nk around the pole. It was moved by Hurr, seconded by Mayor Callahan, to table Application #1802 for the Orono School District #278, until such time that statutory limits are supplied to the City. Staunton referred to thv State Statute that Identifies a wide variety of services to be provided by Community Education. He said one can assume that the School District is contemplating uses within the confines of the Statute. Mayor Callahan suggested incorporating permitted uses as set forth In the State Statute. Jabbour suggested that at one time if the building is used to its maximum capacity, the conditional use permit approving the church use may have to cease. He felt this shojid be addressed now. Goetten said the church already has conditional use permit approval. Vote; Ayes 1, nays 4. Mayor Callahan, Kelley, Goetten and Jabbcur voted nay. It was moved by Kelley, seconded by Goetten, to approve AppIication #1802 for Orono Independent School District #278, for a conditional use permit to allow the expansion of current day care facilities, subject to the Board of Educations’ placement and supervision of said property, and conditioned upon curbing be placed around the light poles, appropriate landscaping, and approved egress and Ingress. Ayes 2, nays 3. Mayor Callahan, Jabbour and Hurr voted nay. Mot ion failed. It was moved by Jabbour, seconded by Hurr, to adopt Resolution #3245 fo*" AppIication #1802 Orono Independent School District #278, 770 Oid Crystal Bay Road, approving a conditional use permit as proposed, approving uses Statute. Ayes 5, nays 0. limited to those approved In the State Mayor Callahan called for a break from 10:20 to 10:29 p.m. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 (#8) #1803 WOODHILL COUNTRY CLUB, 200 WOODHILL ROAD - PRELIMINARY SUBDIVISION - RESOLUTION #3245 Kelley abstained from discussion on this issue. Robert Mitchell and Rick Sathre were present. Mabusth explained the appiicant proposes a subdivision creating one residential lot from an outlot created within the Woodhill Ridge subdivision. The outlot is approximately 8+ acres. The driveway will service three residential units and a caretaker’s residence. Applicant proposes a 50 wide road outlot but asks that the private road be developed at the time a fourth lot Is to be served by the road. The issue is the type and extent of improvements Council will require for the road. The Carpenter residence is serviced by a road off Russell Avenue. The applic.nt proposes to plat a 50’ wide private road outlot and cul-de-sac In the southwest corner of the property. The City Engineer has agreed to the road being platted in the current private drive corridor, if the road Is posted 20 MPH. The Planning Commission recommended requ ring road improvements to the northern boundary of the property. Applicant has asked that road improvements be placed on hold until a fourth residence is served by tha road, but has agreed to provide a turnaround in place of the cul-de-sac. A cul-de-sac would impact the Carpenter property and require removal of mature trees. Pillows reported the Planning Commission did not feel the “naround necessary If the road were widened. Tom McNeills, 355 Woodhill Road, agreed with the Planning Commission recommendation. He noted there are 3 to 5 residences served by the private road. He felt the cul-de-sac was not necessary as the road is posted ’’private”, but asked that Counci I consider a parking apror fcr vehicles unable to make the steep grade In the winter. This could be done without destroying existing vegetatI on. Mitchell requested Council consider the portion of the roadway after the curve be aMowed to be repaired and remain at its current width of apprc'f‘'"5te I y 22’ as it is in good condition, and just require widening of the lower portion of the road which is narrow and in poor condition. John Prudden, Woodhill Road, stated he does not want to pay for a new driveway to facilitate the development. He supported the Planning Commission’s recommendation to improve the *"oad to the nortnern boundary. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1803 - CONT. Mayor Callahan aue55tloned at what point the turnaround would be converted to a cul-de-sac. Mabusth said at ;i»e point the Prudden property was developed. Mitchell reviewed the impact on the environment if the road were required to be widened past the curve. He said the road is wide enough in t^lat area to allow two cars to pass. He said it would be very expensive to widen the road in this area. Prudden agreed to just the repair of the road running east to west. Hurr Inquired who would bear the cost of a future road improvement if not done at this time. Mabusth stated the final developer would be the responsible party. She reiterated the City will obtain a road and utility easement over the entire 50’ wide road outlot. Bellows stated the Planning Commission in their recommendation strived to provide consistency with the directives of the code. McNeills added they will incur additional water problems with a widened road to this area. He r estioned how the drive would be Installed over the drainage areu for Lot 1, Block 1. Hurr cautioned the Council in accepting the environmental reasons for not widening the road at this time, as those may be the same reasons given to waive a future widening of the road. Jabbour agreed, but noted the City Just approved the rebuilding of Leaf Street at a sub-standard width of 22’. He suggested they revisit their standards. He encouraged rural development in this area to protect the environment. He added it will be the responsibility of a future developer to upgrade the remaining portion of the road. Cook added the road does not meet design standards for the curve. J MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1803 - CONT. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3245 for Application #1803 for WoodhI I I Country Club, 200 WoodhI I I Road, granting preliminary approval of the plat of Woodhill Ridge Second Addition, per the recommendation of the Planning Commission with the exception that the northern portion past the curve need only be repaired at existing width, and if the property to the north is divided, developer of such will be responsible for the widening of the remainder of the road, and conditioned upon a parking apron be provided at the curve. Jabbour withdrew h‘s motion as there was conusion about the width of the road approved. It was moved by Hurr, seconded by Jabbour, to adopt Resolution #3245 for AppIication #1803 for WoodhiI I Country Club, 20 WoodhiI I Road, granting preliminary approval of the plat of Woodhill Ridge Second Addition, with the Inclusion of a parking apron at the curve, and the width of the northern portion of the road to remain at the existing width but subject to quality «^tandards of the City. Ayes 4, nays 0. Kelley abstained. (#9) 1993 JOINT USE DOCK LICENSES RESOLUTIONS #3246-3251 It was moved by Jabbour, seconded by Goetten, to adopt Resolutions #3246-3251 approve the following 1993 Joint Use Dock Licenses: Sandy Beach Place, Minnetonka Power Squadron, Victoria Estates, Walters Port, FoxhIII, and Big Island, Inc., and directed staff to send Victoria Estates a copy of the City’s ordinance prohibiting the use of polystyrene foam for flotation. Ayes 5, nay 0. (#10) 1993 MARINA LICENSES - REQUEST DIRECTION - ORDINANCE #113, SECOND SERIES Mayor Callahan suggested adoption of an amendment to Section 5.42, excising the duplication of the land use section, and directed staff to send out the 1993 marl.ia license applications. It was moved by Hurr, seconded by Mayor Callahan, to adopt Ordinance #113, Second Series, amending Section 5.42, SubdIvIsion 4 relating to business use standards for lake facilities. Ayes 4, nays 0. Jabbour abstained. Gaffror inquired about Gayle’s Marina being allowed to rebuild their sign, even tho’ ;h they do not have a current marina license. All members said that would not be allowed. 0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 1993 MARINA LICENSES - CONT. Gaffron reported Gayle’s attorney has started making in-roads towards an agreement. He added Gayle’s Marina and North Shore Marina were the only two that were not granted a 1992 license. North Shore was not issued a license because of the issue of pI antings. Jabbour suggested Council take the position of holding off o** requiring the plantings unt i I the DNF. decides what is appropriate. Staunton stated the inrbilityof the City to issue the sign permit provides another oppor r*..i i ty to put the marina on notice that they do not have a license. (mi) LAKESIDE MARIA - IN/OUT LAUNCHING ISSUES Jim Dunn was present. Jabbour removed himself from the discussion. Gaffron presented a letter from the LMCD stating their position on the in/out launch issue. Dunn questioned at what point the LMCD’s zoning authority begins and ends. He said he would prefer to have Jabbour’s input on this issue and asked him to Join in the discussion. Mayor Callahdn felt the lMCD’s authority stops at the 929.4’ elevation, but the LMCD feels they have to control Orono In order to address boats on the lake. Dunn questioned the LMCD’s authority over cn-shore activities. Mayor Callahan agreed but said he would wait until the City had something to challenge, and this would ,)t be the issue. He felt Dunn could attack the LMCD ordinance wi ‘ some chance to succeed. Hurr noted one concern of the LMCD how hardcover on shore affects the lake quality. Jabbour noted that the LMCD had promised in the past to update their ordinance with respect to comparison of usages between marinas. He felt It is important for the Council to take care of those in Orono. r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 MAYOR/COUNCIL REPORT A) Mayor Callahan suggested a work session to begin reviewing the various activities of the City, and another work session prior to the next scheduled Highway 12 committee meetings. He asked if the status report wiI I be suppiled to Counci I as requested by Jabbour. Moorse said staff is working on the report. B) Kelley repo rted he has met with the City A dm inistrator to review Information dealing with the Long Lake Fire Department and their budget versus expenditures. C) Kelley reported he had lunch with Todd VanDellen to reiterate Orono’s land use phi losophy and to stress the Importance of the Highway 12 issue. ENGINEER’S REPORT There was no report. CITY ADMINISTRATOR’S REPORT (#12) VOLUNTEER COMMISSION CANDIDATE INTERVIEWS Mayor Callahan suggested the Council interview and appoint at the next meeting members to the Park Commission and West Hennepin Human Services Planning Board, and to begin to interview the candidates for Planning Commission. Kelley said he would like to see a u.ilform evaluation sheet for Planning Commission applicants. Jabbour suggested not interviewing all candidates In one evening, or to have them wait outside the Chambers until their turn so as not to influence their answers. Hurr asked that the Council be provided with a fact sheet on each of the Planning Commission members to be reappointed. (#13) CiTY FACILITIES OPEN HOUSE PLANS No action was necessary. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 (»#14) AMENDMENT TO THE CITY’S TOBACCO ORDINANCE - ORDINANCE »114. SECOND SERIES It was movea by Jabbour, seconded by Kelley, to adopt Ordinance #114, Second Series, amending Section 5.24 adopted April 1, 1984 and amended Karch 26, 1993 and entitled "Tobacco*. Ayes 3, nays 1. Goetten voted nay. (#16) 1993 INSURANCE AWARDS Kelley asked if the City seeks bids on insurance. Moorse explained the largest policy holders are through the League of Cities. Kelley asked the % of Increase due to the new facilities. Moorse stated most of the increase is in property or liability, which has not been worked out yet, and the City will rot realize a major increase on the building. After discussion, there was a concensus to award the insurances but no formal motion was made. This item will be formally acted upon at the next meeting. (*«16) BID AWARD - EQUIPMENT & MATERIALS 1993 It was moved by Jabbour, seconded by Kelley, to accept the ;Jds as presented for the calendar year 1993. Ayes 4, nays 0. OTHER ISSUES Hurr questioned approval of the Police Department recognition on an annual basis without a trial period. Moorse stated once established, the expectation will be there to continue the program. Hurr questioned the wage Increase and I Ife-threatening Illness report, and asked how often an illness of such could be realized. Moorse said they are reviewing that. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 k CITY ATTORNEY’S REPORT There was no report. (♦#17) LICENSES It was moved by Jabbour, following licenses: seconded by Kelley, to approve the Septic System Installers: Elmer J. Peterson, Co. Sewerman-MerIin’s WIdmer Inc. Thompson Plumbing Corp. Annual Home Occupation License: Ginger Scott, 2620 Keily Avetiue Special Event Permit: "Easy Race" Half Marathon Foot Race, Norwest Bank - Wayzata Office Ayes 4, nays 0. («#18) BILLS It was moved by Jabbour, seconded by Kelley, to approve payment of the All Funds Account. Ayes 4, nays 0. ADJOURNMENT Mayor Callahan adjourned the regular Orono City Council meeting at 11:45 p.m. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallln, City Clerk (o TO:Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator FROM: DATE: Jeanne A. Mabusth. Building & Zoning Adminis March 17, 1993 SUBJECT:#1792 Donald R. Gronberg, 110 Leaf Street - Variances - Resolution e . %0 % The enclosed approval resolution has been drafted per Council's conceptual direction at their March 8th meeting. Conceptual direction rcnuisted of granting approval of tie necessary variances for Plan B proposal and incorporated the findina.c of the Planning Commission recommendation. The enclosed Resolution has been drafted for Council'- review and action. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) AND SECTION 10.56, SUBDIVISION 16 (C-1) AND (L-1 AND 2) FILE NO. 1792 WHEREAS, Donald R. Gronbcrg (hereinafter "the applicant") is the owner of the propert)’ located at 110 Leaf Street ^.ithin the City of Orono and legally described as follows: Tract B, Registered Land Survey No. 744, Files of Registrar of Titles, County of Hennepin, Minnesota (hereinafter "the property”); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.28. Subdivision 5 (B) and Section 10.56, Subdivision 16 (C-1) and (L- I and 2) to permit the construction of a residence on a property that contains 30,390 s.f. or .69 acres where 87,120 s.f. or 2 acres is required. 1 he structure shall be located 20’ from the north side lot line where 30’ is required, 46 ’ from the street/front lot line where a 50’ setback is required and 67 ’ from tie protected tributary where a 75 ’ setback is required. The approved comprehensive improvement plan will result in 275 s.f. or 1.7% hardcover within the 0-75 setback area where no,ie is allowed and 4,310 s.f. or 30.37% where only 4,050 s.f. or 25% is allowed. Minnesota: NOW, THEREFORE. BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File ^1792. The property is located in the RR-IB Rural Residential Zoning District The Orono Planni ’^g Commission reviewed this application on January 19, 1993 and recommended approval of the proposed variances based upon the following findings: Page 1 of 6 4J A. Area Variance. The findings are as follows; 5) The properly is a vacant lot containing approximately .69 acres of contiguous dry buildable land exclusive of roadways and pond areas. 2) The lot was created as part of RLS No. 744 in March 1958, and met the 25,000 s.f./120 ’ area and width standards then in effect. Ordinance No. 22, adopted 10/12/59, established a minimum building lot size of one acre and 140 ’ minimum width at the building line. That Co<<t* allowed the City Council to grant variances for substandard lots in single separate ownership. The property continued its stams as a substandard lot with the 1967 rezoning to R-IC, one acre single family residential. Tlie lot became even more substandard when the area was rezoned to RR-IB in 1975, requiring two acres and 200 ’ width. Prior to 1975, substandard lots of similar size and character were granted building permits for construction of single family residences without variance approval in the Cygnet/Leaf neighborhood in which the property is located. l,ot area and width variances were granted for similarly simated lots in the Cygnet/Leaf neighborhood after the 1975 rezoning to two acre lot standards. The property has been in single separate ownership by the current owner since 1959. On November 9, 1992 the City agreed to re»iucc the principal amount of an $18,880 sewer assessment finding the assessment an unfair burden to the propert) owner on the basis that as a lot in single separate ownership, it likely would have been allowed to be Pace 2 of 6 1 B. developed with a single family residence as recently as six months prior to adoption of the assessment roll, and therefore the benefit to the property is no greater than the $11,400 benetit to other developed lots in the neighborhood. Tributary setback and hardcover variance within the 0-75’ and 75-250’ setback areas. The findings are as follows; 1) Environmental regulations have gradually reduced the potential building area of the lot. Ordinance No. 63 in April 1964 excluded wetlands from the dry buildable area calculation. Ordinance No. 179 adopted in September 1975 required a 26 ’ strucnire setback from the pond. The Shoreland Regulations adopted in 1992 required a 75’ structural setback from the pond if the lot is sewered, 100’ if it is not sewered. 2) Until the City Council adopted the Shoreland Regulations in February 1992, a house could have been constructed on the property meeting all state septic system design and setback requirements and would have met all Orono zoning code requirements except for lot standard requirements. 3) Level of pond or adjacent tributary is determined by the existence and maintenance of dam that was specifically designed for the purpose of creating a ponding area. 4) Current propo.sal will minimize need for excavation and will taKe advantage of existing contours. 5) Increase runoff from the proposed construction will not run directly into the pond but drain first * ' west along grasped route that eventually would reach die pond. 6) The property consists of unique topographic features that include the creek that intersects along the east side of the property creating a dry buildable island to the east side of creek. Pace 3 of 6 4 The Citv Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that Granting the variance would not adversely affect traffic conditions, light, air nor nr re a fire hazard or other danger to neighboring property; would not merely serve as a converlence to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessarx- to preserve a substantud propcrt> right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The Citv Council has considered th.is application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, satety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based uron one or more of the findings noted above, the Orono Cit> Council hereby grants variances to Municipal Zoning Code Section 10.28, Subdivismn 5 (B) and Section 10 56 Subdivision 16 (C-1) and (L-1 and 2) to permit the constimction of a new residence on the propertv requiring a 56,730 s.f. or 65% area variance. 4’ or 4% street s^etlxick variance, 10 or 33 3% north side setback variance and an 8’ or 10.6% tributary setback variance. The comprehensive improvements will also require a 1.7% hardcover variance within the 0-75 setback area and a 5.37% hardcover variance within the 75-250 setback area. Based on a prior agreement with the City of Orono, applicant shall grant a road and utilitv easement at a 25’ width 1 Leaf Street and a 10’ wide drainage and utility easement to the east side of the newly defined street lot line. These easements must be fully executed and in a form suitable for filing and submitted to the City at the time of the filing of the building permit application for new construction. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a bu.ld:r.g permit within one year of the date of Council approval, or this variance will expire on that date (Februarv 8, 1994). 1. Page 4 of 6 3.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to U:e terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title ot the property. Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held on the 22nd day of March, 1993. ATFEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner (s) S rATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of March, 1993 by lidward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was e.xecuted on behalf of the City. Notary Public Pace * of 6 I STATH 01- MINNESOTA ) ) ss. COUNTY OE HENNEPIN ) On this (Jay of , 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOT/V ) ) ss. COUNTY OF HENNEP’N ) On this day of , 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC Page 6 of 6 k 1 To:Mavor Callahan Orono Council members Orono Planning Commission Members Ron Moorse. City Administrator rrom: Date: Jeanne A. Mabusth. Building & Zoning Administrator %Vr March 18. 1993 % Subject:;i^l795 LuAnn Walters, 3800 Wayzata Boulevard Conditional Use % Status of Application At the February 8. 1993 meeting of the Council, the application was tabled providing both applicant and staff additional time to submit new information based on the many issues raised during the review. Please refer to the enclosed minutes of that meeting. Exhibit A. Applicant has submitte'* an amended proposal that includes revised site and floor plans. Mrs. Walters has amended the original proposal by now eliminating preparation of food on the site. The Food program will now provide only cold lunches which may be catered. List of Exhibits A - Council Minutes 2/8/93 B - LuAnn Walters Addendum to Application C - Gustafson Letter 3/17/93, Detail on Curb. Amended Access/Approach Drive D-1 - Hennepin DOT Letter 3/16/93 .. . D-2 - Staff Letter 3/12/93 E-Pages 1-3 - Comparison/Sludy of ^ Care Centers within City of Orono Located on Highway 12 E - Location \lap of Day Care Centers Used for Saidy G - Site Plan - Busy Beaver H - Site Plan - Wayzata learning Center Church I - State Licensing Requirements for Day Care J - Revised Site Plan K - Revised Floor Plan Discussion and Review of Amended Proposal As alread) noted, food preparatioa/service has t>een eliminated from the application. Applicant s site plan now shows 17 parking stalls, 2 are ItKated within the detached garage. The outdix)r play area has been divided into two areas - the area adjacent to the roadway at 2700 s.f. and the play area at 1800 s.f. kKated tt> the higher eastern elevatitins within the gras.sed. treed area. The open play area adjacent to Highway 12 will have a solid cedar post privacy fence at a 6‘ height rurming along the south and east portions with cyclone fencing in the remaining area. Cyclone fencing shall define the eastern open play area. 6’ Colorado Spruces will be installed along the si>uth side of the Highway 12 open play area. [ Zoning File /^'1795 March 18, 1993 Page 2 Security lighting is now shown al the play area adjacent to Highway 12 and at the west side of the existing structure. Signage has now been relocated within the defined propeny boundaries All designated parking stalls are now shown wi-hin property line. The open play area adjacent to Highway 12 is now located 16 ’ meeting the minimum setback requirement of 15'. The conditional use permit requires *•<) s.f. of playground space per pupil. Proposed = 4,500 s.f. Required = 3,000 s.f. (60 studeius per 50 s.f ' Parking/Access Review’ n\hibit.s C and D. The County has formally approved the relocation of the access to the site w ith the move to the east and that the existing western access be removed and the disturbed right-of-way restored. Gustafson asks that the access be widened to 36’ tapering back to 24’ along the existing g nage. Refer to sketch enclosed with his report. The parking layout as proposed on the amended plan has been approved by the engineer. Gustafson asks that concrete curb and gutter be installed along the perimeter of the parking lot adjacent to the building. If a raised conc ete s:dewalK is proposed this will also function as a curb line. The four stripeci parking spaces along the west side of the property should have a precast concrete bumper curb installed at the front. A spec sheet for the type of preferred bumper curb has also been included with engineer’s report. Review of Parking Requirements Required = 8 Proposed - 17 Section 10.61. Subd. 5 (A) - Parking area setback for RR-IB zoning district. Required setback = 50’ L'xistmg = 0’ Proposed = 0* (27’ from traveled road State Highway 12, 30’ from County Road 6) Comments on Comparison Study (Kxhibit K) Staff has selected two day care centers located cn Highway 12 at its eastern border. Many of the ct>ncern.s raised during the current review were also raised during the conditional pcn.iii reviews of the Busy Beaver and Wayzata Learning Center day cares. They tix) are !(K.'ated within an RR-IB zoning district served by on-stte septic systems. In order to increase student capacity, one chose to sprinkle sirucmrc; the other is required to maintain a 29 student/teacher ratio. Safety and access to the site were of major concern Plea.se note the Zoning I'ile 1^^1795 March 18. 1993 Page 3 comparist)n study has provided a history of vehicular accidents on adjacent roadways from 1990 through the present. In applicant ’s case, the accident record includes both Highway 12 and County Road 6 as snown i)ii Page 3 of the report. Staff felt it was appropriate to also distinguish the times of dav when the accidents occurred. More accidents occur during the (^7 ^ ^ heavy traffic times of the day between 6:00 a.m. and 6:00 p.m.. the time the day care centers ate in full use. It is interesting to note that Busy Beaver at a ma.ximum student level of 79 has only 12 parking stalls and reported never having any problems with the lack of parking space on the site. In both day cares as with applicant ’s, food service is either provided by bringing bag Imichcs or thinugh outside catering. Comments on Slate Licensing Requirement Review Page 1-A. note that 35 s.f. of useable lloor area is required for each child in addition to one toilet and washbowl per every 15 children. The current fioor plan shows two stalls and two bow'ls. In order to meet State licensing requirements for 60 students, bathroom area would have to be doubled. It is not clear whether separate facilities arc required for adult staff members and visitors to the *>cility. Staff has attempted to approximate the area to be eliminated from floor plan as unuseable for determining the number of students allowed at facility: Total area = 3,000 s.f. Unuseable floor area = 900 s.f.^ Appri'Ximate useable floor area »= 2,100 s.f. (divided by 35 = 60 studeiiLs) Applicant is probably somewhere between a 52 to 60 allowed student based on other space needs that may reduce useable floor ao:a. level Members are encouraged to review the State requirements. Mrs. Walters has advised that she would be happy to respond to any of your questions. Please note this information is provided as information only. It is not the City’s responsibility to either implemeni or administer the licensing code. * Unuseable floor area: 520 s.f. of proposed bathroom, utility and kitchen a .. 120 s.f. for tiffice and approximately 260 s.f. for an expandc*d baihrcxjm area to meet 60 student level. Review of Other Limits on Studcnt/Tcacher Use Level ,\s already noted in tlie earlier review, an apprv>ved sprinkler system must be installed at the time the student teacher ratio exceeds a level of 29. The existing septic system, now that a kitchen/fotxl service use has been eliminated, will serve up to 38 student teacher level. Tte Zoning File #1795 March 18, 1993 Page 4 applicant proposes 70 studcni/teaclier level. A system comparable to the capacity of the e.xisting mound must be installed to the north and east of the property. Septic testing has not been provided to confirm the actual capacity of the remaining area. Septic testing must be provided at applicant or owners earliest convenience to confirm ability to expand beyond 38 use level. Major Is.sucs Raised with the Review 1. Safety Issue. Review Exhibit C, Gustafson recommends that if City is concerned with the issue of safety along this portion of Highway 12, that the developer should contact Mn/DOT to discuss safety issues along that portion of Highway 12 and recommends that applicant obtain a letter from Mn/DOT discussing any impacts or safety issues pertaining to th.' proposed day care facility. Review Exhibit D-2. Staff had attempted to get this kind of response from the Hennepin DOT but the DOT failed to address the safety issue (Exhibit D-1). This will probably be the same position of Mn/DOT. It is not likely that either the State or County would admit to unsafe conditions on roads designed by their agents. Realizing the dilem.ma, staff asked for police records that deal with accidents along the involved roadways. The major reason for accidents at the semaphore area (Highways 6 and 12) has been the need to quickly apply brakes at times of bad weather (rain or snow). Accidents are predominantly rear-end type accidents. There is no record of any vehicle veering off the road into adJacent,properties. Council may wish to discuss other methods to achieve safety with applicant. Applicant feels that the solid wooden fence with underground supports every' 8’ has addressed the concern. Clearly, if a truck lost control and headed into the facility, it would impact the structure as well as an outdoor play area. 2. Reasonable student/teacher use level for facility. Once again Council n.av choose to approve the conditional use permit in stages, limiting the first phase of the conaifional use pennit to a 38 student/teacher level and to await the licensing limitations determined by State and the te t result ot the septic testing tor an expanded drainfield. Council Action To provide c<mceptual direction to staff so that an appropriate resolution can be drafted for Council ’s action at their April 12th meeting. HINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1993 ZONING FILE #1792 - CONT. Mabusth explained due to the newly adopted shoreland regulations, the building envelope encroaches the lakeshore protected area. The City has approved a 25’ r I ght-of-way wi dth for Leaf Street, thereby reducing the street setback. She noted during the Planning Commission review there was discussion of the ponding area and Mr. Gronberg suggested that if the dam were removed, the setback would be met. She indicated it Is unlikely the dam wlI I ever be removed. She noted the deck is proposed at 25’ from the lakeshore, and 55’ for the principal structure. The footprint of the house is 3,700 s.f., which is well above the average in the neighborhood. Mayor Callahan asked if it were possible to locate the house on the lot meeting the lakeshore setback. Gronberg noted other properties along Leaf Street have provided the 33’ right-of-way, thus making those homes 8’ further back on the property than this one will be. He stated the house is 2,200 s.f. plus the garage and deck areas. He noted the setbacks of other houses along the creek. He added the ONR’s recommendation was a 50* setback. Jabbour noted the ONR recommended a 50’ setback for the entire lake area, but Orono felt a 75’ setback was more beneficial. Goetten inquired how much further back the house would have to be to meet the setback. Jabbour stated this area is zoned 2 acre minimum to accommodate septic requirements, but since sewer is provided, he felt it would be better to reduce the side lot line, and maintain the required lakeshore setback. It was moved by Mayor Callahan, seconded by Goetten, to table Application #1792 for Don Gronberg, 110 Leaf Street, to allow the applicant time to reconsider his proposal. Ayes 4, nays 0. (#10) #1795 LUANN WALTERS, 3800 WAYZATA BOULEVARD - CONDITIONAL USE PERMIT LuAnn Waiters, Cliff Otten and Doug Otten were present. 8 i k MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1993 ZONING FILE #1795 - CONT. Mabusth explained the applicant proposes a day care center with limited catering. The applicant has expanded the proposal to 70 student/teacher limit. The number of persons allowed will be limited by State allowances, the water use and the limitations of the septic system. The City Engineer has recommended traffic flow to the outer edge of the property, but the applicant was concerned with that pattern and has proposed parking spaces, with no drop off area. The County has encouraged access to the property further to the east along County Road 6, and the County does not want to encourage parking spaces established along the rlght“Of“ way/property line. She noted water usage will be monitored through a meter. She noted the applicant has provided for 13 parking spaces, but only 8 are required. Kelley stated he felt the site unsafe for a day care. He felt this represents an Intensification of the original use. Jabbour said It Is a permitted use In this zone. Kelley indicated this Is a dangerous situation and he could rot approve It because of health, safety and the welfare reasons. He felt the area is not suitable for a day care. Cliff Otten stated he thinks the* proposal will work. He noted the stop light slowing traffic down. He stated the parking as proposed provides for a parent to drop off their chi Id, and they propose a large fenced outside play area. Waiters noted because of the pre-school situation that they propose, people coming and going will be staggered throughout the day. Otte.i stated he understands why the County cannot approve the additional parking along the lot line, but the area will still be available. He noted It will only take 2-3 minutes pe- parent to drop off their child. Kelley took exception to that statement. He suggested r* lonal parking will be needed as parents do not Just drop oTT their children, and tend to take a little time to discuss the day or necessary needs with the provider. Walters stated 70 people at the center would bo the maximum allowed, but she does not anticipate that many people there at one time. i MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1993 ZONING FILE #1795 - CONT. Mabusth stated the County is reviewing the speed in the area to determine If It needs to be reduced. Kelley asked If they would have a latch key program with buses dropping off children. Walters stated If that were available, she would want the bus to drop off the children on County Road 6, with staff available to greet the children. Mayor Callahan clarified that there will probably be 3-4 traffic movements on the property during the day. Walters stated there actually would be more I Ike 6—8 patterns. She said she hopes to have the same amount of children in each program to eliminate congestion. Mayor Callahan stated It seems like there will pattern of traffic, avoiding concentration. He children would be allowed to play outside. be a constant asked if the Waiters explained they plan a fenced play area off the back door. She felt the woods on the property would provide a wonderful area for exploring. Screening would be provided from Highway 12 for the play area. Otten noted the need for an alternate septic site would determine If there is room for expansion of the play area. Kelley asked If the building will be sprinkled. Mabusth reported at the point of 29 students and/or teachers, the Fire Code requires the building to be sprinkled. Otten noted that provision Is being Incorporated with the renovation of the building. Jabbour asked If there Is an acceptable number of persons for the appI I cant. Otten noted the plan proposed Is from a 1980 site plan. He said no one In the past has put the kind of money necessary Into the property to Improve It, but to do so, one must use It to Its capacity. He stated there are some unknown costs associated with the project, and therefore It Is difficult to determine the minimum number of people that would be acceptable. 1 h MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1993 ZONING FILE 1M795 - CONT. Goetten stated she would love to have the property utilized. She cautioned that the City needs to proceed carefully. She asked that the Council be better Informed about safety Issues and alternatIves. Otten stated they have met or exceeded the requirements. He asked that Council give them direction. Kelley asked that comparative studies be done and presented. He suggested that a separate employee parking area be provided, away from the building. He asked that the play area be moved or screened very wel I from Highway 12. He asked that I ighting be addressed, and questioned the size of the entry to the property. Jabbour suggested the City not be Involved In areas monitored by the State. Mabusth asked their opinion on the catering service. She noted a kitchen Is necessary to provide meals for the children, and the catering service Is a new pattern In day cares, providing families a convenience. Walters explained the time after the children are picked up from the day care is very crucIal for'fami I Ies, and provIdIng dInner may help to ease that situation. She noted they do not Intend to collect money at the door but would provide for alternate methods of payment. Jabbour stated If the catering Is not a function of the day care, the Council may not be permitted to approve the use. Otten stated the catering service would be the first thing eliminated If found that It was taxing the septic system. Walters requested that CouncII act on the request to enable her to seek approval from the other necessary agencies. Mayor Ca I I ahan announced that If the CouncI I Is satisfied about the safety features, the concept seems agreeable. Kelley agreed, but added he may not approve that many people. It was moved by Mayor Callahan, seconded oy Goetten, to table Application #1795 LuAnn Walters. 3800 Wayzata Boulevard, to the applicant additional time to supply the additional Information relating to the Issues raised. Ayes 4, nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1993 ZONING FILE #1795 - CONT. Mayor Callahan suggested the applicant direct the safety concerns of the City Engineer. MAYOR/COUNCIL REPORT A) Mayor Cal lahan moved Item #17 to this ser .Ion of le meeting and suggested the City reactivate the Lake Use Committee to officially represent the City In working with the DNR In the development of the plans for the Maxwell Bay access. He recommended Goetten be nominated as Chair, Kelley as Vice Chair, and nominated the following Planning Commission members: Schroeder, Bellows and Rowlette to the Committee contingent upon their approval to serve on the CommIttee. B) Mayor Callahan expressed the Walters, of the City staff, who major surgery. Counci I *s best wishes to Linda is In the hospital under going C) Mayor Callahan referred to a request by Janet Haugen to support her seeking a position with the Metropolitar Council. Goetten noted Hurr is considering the position also. D) Jabbour referred to an article pubiished In the Weekly newspaper In which they quoted Hurr at a LMCD meeting as stating a desire to serve the remainder of her term as LMCD representative of the City. He said he discussed the issue with Hurr who indicated she wishes to attend the meetings to protect Orono’s Interest, but is supportive of the Council’s decision with regard to the LMCD. E) Jabbour asked the City to consider establishing a program to Inspect sump pumps In the City to ensure they are not dumping Into the sewer system. Gerhardson said staff has already started to discuss this program. ENGINEER’S REPORT (*#11) PAY REQUEST #4 HIGHWAY 12 WATER TOWER It was moved by Goetten, seconded by Jabbour, to authorize Pay request #4 to be paid to PDM, Inc., In the amount of $94,767.25. Ayes 4, nays 0. (*#12) PAY REQUEST #5 STUBBS BAY SANITARY SEWER It was moved by Goetten, seconded by Jabbour, to authorize Pay Request #5, Stubbs Bay Sanitary Sewer, to be paid to Progressive Contractors, Inc., In the amount of $90,600.17. Ayes 4, nays 0. •• • • i* To: Jean A. Mabuaili Ke: *1795 3800 Wayzala Boulevard Conditional Use Permit Date: 3/15/93 From: Lu Ann Walters Revised Exhibits 1. Site plan 2. Floor plan Brief Explanation of Changes to Current Application The applicant has withdrawn the limited catering service from the condition^ use permit. It is no longer the applicant intention to offer pre- ordered light suppers for students and families. The septic system will no longer be a concern regarding this use. Instead we will order pack lunches from a current catering service if parents prefer bringing their own it will become their option. The applicant cx'iglnaliy presented the application with a student maximum use of 60 students. Staff advised that the application must include staff for day care as well, therefore the maximum use of the site will be 70. Approval of 70 will be maximum for the building. The State Licensing will have final say on exact number of students and number of staff necessary. Please note the Rule on square footage regulations. Brief Explanation of Site Plan Changes Please note site plan changes the parking spaces are currently at 17 all within defined right-of-way of adjacent roadways. The sign request has not changed. The required play area by the Stale Liccnsir 11s 1500 sq. feel. Please note the play area has been maOe to ^500 sq. feet. This change will allow all 60 students to be outside at the same time. Staff recommended the south fence of the play ground be moved and it has. The Council was concerned about safety. Please note the current row tA Blue Spruce trees that will line the Hwy. 12 tide of the playground. The fence is also re-enforced every 8 feet. Additionai playground hat been added to the property. The playground naar the building will hold 36 children and the upper play ground will hold 2i children according to State Licensing. Please note the driveway access has been changed to improve safe aoxss. P L..... FROM :RHONE NO.-6 FO S="tS~-=~5 STC89* One* Uiio I thinlc the «aff of the Qty of Orono for the co-oper»Uon anc ozpertise. c Anderlik & Associates c i*r |<N Ti •? V >i -’1^ f Engineers & Architects r t..svffc A * A i^v<f A Pf M.Vi A MU'*!** Mf><^ I .'»C vj ^ I ■^1 Uft'js S A I A f. •C f A»'^vi !^C rc R M^^.1 ;r*^ O ArA7%^h •f f* AL'^n^ai* ' V..'« I 3ciTV NV« A \T\i CuVy W y^nf J l'» A ljr C.;t I* nnm: ►'I 6 J r *tj<: fnviw ler-* 9 vjj.,i n C»»i«7-*' * y. ¥V<: C if k Ce: IT O. v--» «*l C'vj^-f\ A I • < k«M<* I Ml M V « .1''^’ ,4«rr% * ••%t/r*i March 17, 1993 Ms. Jeanne A. Mabusch ... . ^Building and Zoning Administrator City of Orono Post Office BOX 66 Crystal Bay, Minnesota ??!2 So”^39-i79f Dear Jeanne, W8 have reviewed the ®gj:%^g®S*-ten'^property.^’The*pai'l<in9 1®^ layout is acceptable from an 5ith concrete curb and Jeiommend that the parking building? If a raised gutter along the perimeter Jho building, it will function as :;s>s K’a ’uss: s:s“.;s? n... »..»•> -•■ »~f» Of the plate is attached for your reference. we reconinend the entrance drive ^ ^j^J^lanes^M'^S^^rileS; Snf incoming lane, one ©^^^oing la^t turn lane |na on y j lane. The entrance can be ^aP*^®2«,S2Srf that the proposed drive be existing garage. However, we J foot rad?us if and when CSAH SoTf is^evlr Sidened?®""??! recommended modifications and curb lines are shown on the attached sketch. If the City is concerned about s®^®^V^®|“|®^|'^e|t'^5ith Mn/DOT^to°" ' we r«=0‘”*"^_^5?5ive®salety of the area. The developer should obtain a tiltiVtTol SJ/SoT^Sis?ussL^ any inpacts or safety U-. — to the proposed day care facility. snouAu wwu«**i ues pertaining Please contact no at this office If you have any questions Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. JjLa^vi Shawn D. Gustafson, P.E. k * « - •• . • s- C. V * . i A - . * • # $•• tn««i( 2, 3.1 4 of 4 lor ip^eific C«uiU of prt c«ft nRCriU C^D MctiCrj ?RCPRIETARY ITLM Uu pr«:ut curb mUI b* »ae,«ct (9 Sp«c. 1703 ifitteud dtViCts. eutin«:i t'-i ;foct«Mi). lersftjtfl. 4.r tr,tri;n#4 eoncfiu (j.7n CURB SECTION TYPES TYPE LENGTH NO. or SECTIONS i PE^ ?0« ARC TuU uz% fira;^h( i«c:icn 36.0" ti2i nra;^ht stction 18 C" Tfiniiiion for clnvtwiy [town)18 0" Tr4n«4Uon for dnvivwiy (up)18 0" Cr:vf ovtr (1 7/d'* 10 M/4** lUmtd)IBO"NOTES: 4C® corntf (miidt)12"94«'»1 1. E«ch lur.svs pust ef 40« corntf (cytiidt)12"«qu;v.1 Carp lipprcx 29 Ib Ridiui $$c\ior\ (l.S* R. outudt)28 3"1 p«r fsot. Radiui itct;cn (3 C R. outfidt)28.3"2 Ridiyf fttuou (9 0' R. outndt ind truidi)2! 5"4 2 Jopni itoltr u net rtcj/to. Ric u% ftctioni (10 0 R. eutsidt)31 6"6 by( mi/ bt uttd on wntbtn Rtd.ut ifct^cni US.O' R. owti;dt)23 8"12 pivtrr^tni. fUdiy» ttc(«ons (2S' • R iru^dt)36 0"IS Rtd.01 ittnons (29* • R. OuUidf)36 0"13 3. ftivt. td<;ti tt ooiA RtdiMt itctions (&0‘ « R. iruiot)36 0"2b tndJ of uc!i Rto.wi MCtioni (90' * R. euiiidt)36 0"2b to prtvfn; cntppjrf. 4. Ust 4CCC p i.t j »9P40vf3 STAieOP VINNISOTA ^ 4^ 10 • • ^ • I iPfaf|C»TiCNfiTiuo*4a 1 I / #. uHENNEPIN I I I^ i III t ^ »V^.I /Hopkins, Minnesota 55343-8468PHONF: (612)930-2600 FAX (612)930-2513 TDD: (612) 930-2696 D f'eti: Tulkki I Bruce Polaczyk- ' Steve Theis ))ave Zotterstrc '' Dave Swenson Les Wei gelt (2) March 16, 1993 Jeanne Mabusth Building & Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, MN 56323-0066 Dear Ms. Mabusth: RE: Proposed Conditional Use Permit - Lu Ann Walters, Day Care Center CSAH 6, Northeast quadrant of 7H 12 Section 29, Township 118, Range 23 Hennepin County No. 2047 Review and Recommendations We reviewed the above conditional use permit request and make the following comments: - For future improvements to this segment of CSAH 6 the developer should dedicate any right of way required to make the right of way a minimum of 40 feet from the center of CSAH 6. - Moving the existing driveway from CSAH 6 further away from the TH 12 intersection is acceptable to Hennepin County. The new access will require an approved Hennepin County entrance permit before beginning any construction. Contact our Permits Section for entrance permit forms. - The existing driveway must be removed and-restored to Hennepin County standards. - All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to driveway removal, drainage and utility construction, trail development and landscaping. Contact our Permits Section at 930-2550 for utility permit forms. - The developer must restore all areas disturbed during construction within County right of way. Please direct any response to Les Weigelt. Sincerely, Thomas 0. Jdhnson, P.E. Transportation Planning Engineer TDJ/L0W:lw HENNEPIN COUNTY on equal opportunity employer A. // // • \ * V- ‘V-vir CITY of ORONO \\<d : >' .•'.»-■> Uvx4 i}' '■"• f’■'' '"^/y MunkipaJ Offices post Office Ik)x fto CnslaJ Bay, Minnesota 55313-0066 March 12, 1993 Les Weigelt Mennepin County Depanment of Transportation 320 Washington Avenue Hopkins, MN 55343 RE; Application //1795 - Lu Ann Walters, 3800 Wayzata Boulevard - Conditional Use Permit Dear Les: At the February 8th meeting of the Orono Council, cenain issues were raised by the Council concerning the proposed day care use of the facility (refer to enclosed exhibit). A major concern was raised as to the safety of this propeny for the proposed day care use. In a briet conversation with Dave Zetterstrom, we discussed the improvement in safety in the area of the intersection since the installation of the semaphore. We also reviewed Dave ’s request to have the recommended speed limit reviewed tor the curv'cs on County Road 6 Just to the east of the facility. I am aware that you cannot respond to the issue of safety for the proposed day care use but it would be very helpful if your comments address the issue of improvement in safety and timing on the County’s plan to review speed limits on County Road 6. The application will be reintroduced before the Council at their March 22 meeting. If would be very helpful if I could have your written comments by the meeting date. Please let me know if you need additional information or seek clarification on issues we have asked you to address in this letter. Sincerely, Jeanne A. Mabusth Building & Zoning Administrator cc; Dave Zetterstrom Enclosure J/\M/lsv TELEPHONE - 473-TJ57 • E.VX • •rr.MMlO i. Kxliihit ECOMPARlSON/SrUDY OF ORONO DAY CARK CKNTERS ON HVVY 12 Page 1 Criteria Busy Beaver 875 Wayz.ata Blvd. Wayzata Learning Center 850 Wavzata BIvcI. V Applicant 1. Interior area devoted to day care 4030 s.f.2090 s.f.3000 s.f. 2. Outdoor play area setback from Ilwy 12 44 ’40 ’16’ 3. Topography adjacent to Hwy 12 Low, marshy area 1 Steep bank rial, slight ditch 4. MFH at access 45 mph 1 ' 45 mph 20 mph 5. Zoning District KR-IU RR-IB RR-IB 6. Area 13 acres 6-f acres 1.69 acres 7. Approved studcnt/tcachcr level 79 students 9 teachers 88 total 29 total students and teachers Propt^sed: 60 students 10 teachers 70 total 8. Sprinkler or approved fire suppression system Sprinkler No fire suppression system To be installed with sprinkler once 29 occupant load exceeded 9. Method of sewage treatment On-site septic On-site septic On-site septic 10. Security lighting 2 polcs-lights on building I None observed-lighting on Hwy 12 at that hK'arion 1 pole 2 lights on building Exhibit E Page 2CriteriaBusy Beaver 875 Wayzata Blvd. Wayzata Learning Center 850 Wayzata Blvd. Applicant 11. Type of fencing & lieiglu Cyclone 5-6 feet Cyclone 5-6 feet 6 fect-solid cedar timber fencing along south & east adj to Hwy 12- cyclone to rear-cyclone fencing for play area to 1 cast in higher elevation 12. Landscaping/olher physical barrier adjacent to Ilwy 12 Highway posts Steep earthen bank 1 Proposed 6 ’ fence + Colorado Spruce 13. Parking areas 12 stalls - paved 1 Gravel - Approximately 35 + Propo.sed - 17 (2 stalls within detached garage) 14. Food .service Cold lunch (no cooking on premi.ses) Cold lunch (no cooking on premises) Cold lunch (no cooking on premises) 15. Accident record for motorized vehicles on Hwy 12 & in applicant ’s case also includes Co. Rd. 6 - refer to attached map ’90 #3 (6 am-6 pm ^1; 6 pm*6 am ff2) ’91 ^5 (6 am-6 pm #3; 6 pm-6 am ffl) ’92 ffl (6 am-6 pm ^2; 6 pm-6 am ^5) •93 f/0 ’90 ff?> (6 am-6 pm ^1; 6 pm-6 am ff2) •91 ffS (6 am-6 pm #3; 6 pm-6 am 02) ’92 #7 (6 am-6 pm 02\ 6 pm-6 am 05) ’93 0Q ’90 #11 (6 am-6 pm 06: 1 6 pm-6 am 05) 1 ‘91 05 (6 am-6 pm 05: | 6 pm-6 am 02) ’92 01 (6 am-6 pm 05: 6 pm-6 am 02) ’93 01 (6 am-6 pm /!^1) n o n n o n r» f't • * r9 4* e* t* W f§ t* 8 ,r: - % V •*< <• i>» ^ 9 {\ I < 1 • <• iz « ij • m Ik m « r« <« r* l« ^ * ft r» 4 *« f »-*—►-•»»•< d « • 0 'ft f» > « - a ft M ir |S‘ftP*>«'M^4««ftftft 9*’S*^**g ^ *" •ft • e 3 (ft ft' •* ift (i < a U M. « O ? •- • ft r*& ^ 5 «4 4 4 •« 't O '1 •4 '♦ 0 O O *4 •< 1 y > ^ *4 »• 9 •- 4 ft < *« n ft « ft ft -> n J •ft .» ;» ft C ft C ft ft K.1 ft 4 "t 0 ft 4 a ft 7 • r fr Ift « ft 4 irtU m m m m ^ 2 : 7 7 «r ft ft ►- 3 ft ft ■ ^fti-i-ftOO '••♦99 •ft»ft**ft*»*» >Mftia»j^ft ftft < ■> ;^ ft ^ <ft •• ft 4 !• '♦ >r’ " f ! ^ J ST ft .♦ •• i« ft ft 3-9 Ck ft 4 ft ft ft I srrgrrrrygr • 7“;^- ; E7 ftav‘i*ft>»ft'^ a, — O 4 ft ft * iftftftWftirft ft « ft Ck 0 9 (ft -4 V •»? IV s V ??T*f?T?TTT?7?7 ’:??rT?Tfr?'r77????9V7fTT?VTr7TT?T?7?'rV77??rVTfr?77???7?T??*??TV???????T?T?777777?7??"??f w •• Qr ™ T. n§ JJ State of Minnesota Department of Human Services Human Services Building 444 Latayrnc Rxxid St. Paul, MinnexKa 55155 1 A Dear Prospective Applicant: Thank you for your inquiry regarding child care center requirements. Minnesota requires a license for all programs providing child care. Programs included are: nursery schools, preschools, day care centers, and babysitting centers. The following are the minimum steps in the licensing process which must be taken by the applicant: a. b. c. Contact the local zoning authority to determine whether group child care is an allowable use of the proposed site. The facility must meet all applicable zoning, health, fire, and building codes. Second floor rooms and basements without direct walk-outs seldom meet the Fire Marshal's approval. Review Minnesota Rules, parts 9503.0005 through 9503.0170. When reviewing the rule, be sure to note that: (1) No center may operate without staff persons who have had college or post-secondary vocational courses related to child development. (2) A facility must be selected which will provide 35 square feet of usable floor space per child and one toilet and wash bowl per every 15 children. (3) I he center must have an adequate outdoor play space, as described in the rule. (4) The minimum equipment listed in the rule must b® obtained. (5) Procedures and written policies must be developed and approved by the Division of Licensing. (6) When children under preschool age are served, additional qualified staff, as well as other special features, are required. Contact the licensor to discuss plans for the center, to receive instructions for obtaining local approval, and to obtain an application packet. d. Obtain required equipment and modify facility as required. AS EQUAL (^POKTUSITYEMPLOYED 1 B e.Complete and return application materials. Note that the Division of Licensing must provide written notice to the local zoning authority 2Q days prior to issuance of license. Keep this requirement in mind in your planning. Return the application three months prior to your planned opening date, if possible. f.Contact the licensor for an on-site, prelicensing inspection to verify compliance with all requirements. A program may not open until your application for license is approved and the license has been issued. The license must be conspicurusly displayed on the premises. h.Once licensed, the operator is responsible for timely submission of license renewal forms and requests for changes in the terms of the license. The requirements for licensing are found in Minnesota Rules, parts 9503.0005 through 9503.0170, which must be carefully reviewed before proceeding further. A COPY OF THE RULE IS ENCLOSED The licensor whose card is enclosed will provide assistance and should be contacted early in the planning process, preferably three to six months prior to opening. The licensor's telephone number is included on the card Within 90 days of receipt of a completed application, including all necessary approvals, the licensor will recommend issuance or rienial of the license. After the center is opened, the licensor will also be providing supervision through periodic licensing reviews, unscheduled drop-in visits, and investigation of complaints. Day care facilities may not open nor advertise until all licensure requirements have been fulfilled and approved by the Department of Human Services, Division of Licensing. A schedule of uctes and times for upcoming meetings is attached. If you so desire, fill out the registration form and return to the Licensing Division. Sincerely, Barbara Eggiman, Supervisor Division of Licensing L ____ 1 c Orientation meetings for applicants are held monthly to explain requirements and to answer questions concerning the establishment of child care facilities. Listed below are the dates for the complete 1992 calendar year. Please fill out the registration form and return to the address noted below. January 15, 1992 February 12, 1992 March 11, 1992 April 15. 1992 Teleconference: May 13, 1992 June 10, 1992 July 15, 1992 August 12, 1992 September 16, 1992 October 14, 1992 November 18, 1992 December 16, 1992 10:00 -12:30 Room 3 E/F 10:00 -12:30 Room 3 E/F 10:00 -12:30 Room 3 E/F 10:00 - 9:00 - 12:30 11:30 Room 3 E/F 10:00 -12:30 Room 3 E/F 10:00 -12:30 Room 3 E/F 10:00 -12:30 Room 3 E/F 10:00 -12:30 Room 3 E/F 10:00 -12:30 Room 3 E/F 10:00 -12:30 Room 3 E/F 10:00 -12:30 Room 3 E/F REGISTRATION FORM NAME ADDRESS: PHONE NUMBER: (AREA CODE/NUMBER): SESSION REGISTERING FOR: IF THE SESSION IS FULL, WOULD YOU BE HILLING TO BE RESCHEDULED FOR A LATER DATE? YES Please return to:Division of Licensing Department of Human Services 444 Lafayette Road St. Paul, Minnesota 55155-3B42 Attention: Carla Brown Any questions, call: 612/296-3971 (Information Desk) VI. AGREEMENT COtMtf 01 JO Iwni*ft Oi *r«uk4 31 iiaM.*fO I’m* 01 31 11 11 fl Oa VroHif*}f VA<«»>ru*«• 1 N«41M« («Jf Runwn ff 01 Oil**Jf H um H<«wm ff Oi Jl ft tUm Of It l«U fl Nu>k 10 £••••*Jf l«i«0lfM ft H umm * H C#%«40 l«Su«M*•f S< IM l|4 1 t wH.uin 10 ftUM IJ 41 1 fu*%It t« cu. 14 i 4] Mil«u4 II f4>^« t ft If Cuu*4f rj 9^#«^ 14 I f C 4f M«m^.If f*«««*«« if C«W««4 1 If f-.*. If o«» >««4f U.«« 1*. k II tortd M CK a 1««4f If It 0«N««t««If II fl to l| !•••>•<•«•il • 1 |4 •••tiMO't f) »^4.<««•1 l\^4 il If ff 0'**V«»4 f4 «A( «».•• 11 ff 0*» *04 f% <4* >•>«««>« If •f If Vt f 1 »v«^ MW PERSONNEL INFORMATION FORM SectioChild CThis lorm must be submilled lo DHS lor each employee ai Ihe lime of employmeni and any lime ihere is a change in classificaiion of position.All staff must meet applicable employmeni conditions, staff qualifications and training as required In Mn. Rules parts 9503 0005-9503.0170. Compfefe all applicable blanks to show compliance with the ruleEach employee's personnel file must contain appropriate verification of the information on this form.PrograiName of EmployeeName ol Ceniei Location;Dale of Employment:Job TitleAge groupfs) with which you work:□ Infant □ Toddler □ Preschool □ School Age ALTERNATIVES FOR QUALIFICATION: Refer lo Minnesota Ruies part 9503 0031 0034 lo delermina which alternaMvo is appropriate for the position you hold. Teacher: 1 23466789 Assistant Teacher: 1 23466789 Complete sections I. II and III on the reverse side ol this form to show Child Caro Assistant (Aide): □ vou qualify for the alternative circled. For some ahernsiives. not all Volunteer: D Other: □ Director; □ Total sections are required. S«c DECLARATION The information on this form is true to the best of my knovdedge. Oocumeniaiion of credentials, work ercperience and acaedited child (tevelopment training courset necessary to verify compliance with MN Rules parts 9503 0005 9503 0170 requiremania la on file in ihia employee's file. I understand that this Informatioit may be reviewed by the licensor. Signature of bmployee Signature of Employef Date comptetad Date complelad bt9 DOCUMENTATION OF STAFF QUALIFICATION REQUIREMENTSsection I: TRAINING;CNId Awltfnt Are you 16 years of age or older?Oid you participate ir. art orieniatioit to the program whett employed?Teaeher: Degree, certificate or crederttial earned;□ Yes D No□ Yes O No1 --------------Program or School conferring degree, certificate or credentialMonth & Year: Expirafion Date:Assistant Teacher: Degree, certificate or credential earnedProgram or school conferring degree, certificate or credentialCertificate number, if applicable:Month & Year; . Expiration Date;Complete for: Teacher 1*0Asst. Teacher 1 -5From:Inl/Toddter. Preschool . School AgeInf/Toddler. Preschool . School Age Total hours worked to date: Infant/Toddler Preschool School Age flit. CEh ■Ca. NAMI or surr MiMBtii POSITION MONTH&YCANIMPlOYfO rmSONNEliicnaiiATifiii MONTH i YEAR Of CURRENT:STAFF OEVflOPMfNT TRAINING REO'JmEMfNTS 1f 2j 1T j 1I 1JNr UnMAl IUmlONMsuiMimo CPRTRAINING EIRST AID TRAINING ORIENTATION HRS EMPIOTIO OURINO PAST IKENSINO PIMOO HRS OE TRAINING REQUIRED*HRSCMPiTO/////////////// / % //// •«// /// ///// ///// ///// ///// • ///// ///// ///// ///// ///// ///// ///// ComptoM for tho diroctor ond all paraonnal In rapular contact witii childran.DHS USEUHfOF STATF mmii)nismol MONTHftYEANIMPlOYkil PmSONNflHfOflMATIONFomisuiHinto MOITH t YIM OF CUMII>T:STATE OEVElOfMINT TRAINING REQUIREMENTS StiR Otti1 01 1 i!1cmniMMIIGFIRST MO IRMRINC ORIENTATION HRS EMPlOYEO DURING PAST UCf NSIN6 PERlOO HRS OT TRAINING REQUIRED*HRSCMPITO/////////////// ///// ///// ///// ///// // /// ///// ///// ///// / //// ///// / //// //// / i ___________________ //// / INFANT EQUIPMENT AND SUPPLIES FORM (6 wks. through 15 mof.)< CENTERJO LOCATIONInstructions:To complete this lorm. please refer to Minnesota Rules part 9503.0060, to determine the description and numbers of equipment required for this age group The quantity of equipment required is proportional to the list in 9503.0060. Please contact your licensor if you have questions regarding this requirement All items of equipment counted must be in good repair and on premise during hours of program operation.Numbw NMmNt NumbM On On1. A variety of non foldind child site chairs including infant seals and high chairs2 Cribs with miittess3 Low op«n sholvts and bookcases lone lineai h per child)4 Changing table with changeable covering 5 Foot-operated diaper pail with liners 6. Area lug or carpaiinQ __J FINE MOTOR DEVELOPMENT Numtar Qn On itona Ordtr1. Visual and tactile tiimulaling maler iala2. Manipuleiivehtya (such at teething toys, wooden latllei. shape *oyt, clutch I mII s)3. Solt, weshaMe toyslANOUAOE DEVELOPMENT: 1. Books 1 LARGE MUSCLE PLAY (INDOORS): 1 . Soil large buildirrg blocks 2 Intent nrobiliry equipment (baby bouncers, large turning bells, body wheels, riding stools, etc) 3 Minor ART AND MUSIC ACTIVITIES: t. Music source 2 Music selections 3 Moise/Music making toys 1 . For «Kh crib: 2 sets sheel(si ei'd blenkei(t)1 1 2. Single service towels 3. Diapers (may be disposable) 4 Cover(s) for changing tablo 6 Facial Ittsuet 0 Lk|ukl hand soap 1 d to S.IPPIV Ihn d.i8 on ihit lo.m m Ihsi tht M.nnsfois Drs«nm«ni ol Mum.n Swvk:«t mm, Mstusi* r>M sswcy'S raquMi for BcsniA The InlarmMlm b« h.ld by lb. I .c«.«.ns Diviww ol IhS MmnssoU D«p.rlm«ni ol Hum.n So.vnrM Tho Infoimrtion it dwalW M puWIc. Sfld wW lit'You irt provkM wiH If pan A public hcenfin^ ftl« CENTER _ InstructioniFURNITURE:1.TabtasC2.Noo-lolc3.Cots(mi4.Lowopi6.Ares ru6.Chengi>7.Fool op8.Paniali IAROEMU: 1. Lar«tl 1.Muek 2 Mut* 3 Doub 4,Muai FINE Ml 1. Cooi 2 Mtr LANGI jgh 15 mos.)^ • > . ■. f •icription and numbers of equipment required for this contact your licensor if you have questions regardino I hours of program operation. ^CENTER TODDLER EOUIPMENT AND SUPPLIES FORM |16 mos. through 32 mos.)5 BLOCATION:ns ructions. To complete this form, please refer to Minnesota Rules part 9503.0060, to determine the description and numbers of equipment required for this ago group. The quantity of equipment required is proportional to the list in 9503 0060. Please contact your licensor if you have questions regarding this requirement. All items of equipment counted must bo in good repair and on premise during hours of program operation. '•'•rSoil FURNITURE:Numbw Numbar NumbarHand1. Tibtat (20 linear irKhat par child)2. Non-loMins child tin chtirt IrKluding high chairs3. Cota (matt whara applicabla)*4. Low opon shalvM (oftt linaar (or par child)6. Aiaa rug or carpaling6. Changing labia changaabla covaring7. Fool oparatad diapar pail with Nnart8. Panlalty andosadqulalacllvilyapaca • URGE MUSCLE PLAY (INOOORI: LARGE MUSCLE PLAY |OUTDOOR|: ART AND MUSIC ACTIVmES: FINE MOTOR DEVELOPMENT; LANGUAGE DEVELOPMENT: t. Music aourca 2. Music talactiont 3 OouMa aasaNt) 4. Muaie making toys 1 . Cogniiiva davalopmantal aquipmant 2. Manipulativa toys DRAMATIC PLAY:ARTS AND CRAFTS SUPPLIES: LINEN AND SUPPLIES: Numbar"aq Numbaf Numbar On On Hand Ordar1 Small buikitng blocks2 Spoontanaous dramatic play/Monte$sori Practical Life Areas3 Accetsories/EHercises for 424 Soft washable toys5. Full length mirror1. Clay or playdough ............ 1 2 lempara or finger paints (non toxic) 3. f^ipar (colorad and white) 4 Pasta (nonioxic) 5 Scraps, collaga materials 6 Paint brushes 7. Crayons 8 Fait markers 9 Blunt scissors 10 Aprons or smocks 1 Single service towels 2 Disport (tnsy bo ditposabk | 3 Covar(s) for changing table 4 Facial tissues 5 liquid harnl soap '1 L i_________ * One cot lot each chMtn attendance five ot mote hours 1 Sensory stimulation materials 2 Books i mos.)5 D-=s-,r=':=-”-*“of program operation.Numb** Numb** p^g Numb** On UMR*«l H*n4lesson _ JL Isnt* *"• • CENTER LOCATION:Instructions: To complete this form, please refer to Minnesota Rules part 9503.0060, to determine the de:>cription and numbers of equipment required for thisage group. The quantity of equipment required is proportional to the list in 9503.0060. Please contact your licensor if you have questions regarding this requirement. All items of equipment counted must bo in good repair and on premise during hours of program operation.FURNITURE:"r“ "'S~H*nd Old**1 Tables (20 linear inches per child)2 Non-folding child site chairs with backs3 Cots (mats where applicable)*4 Low open shelves (one linear loot per ch*ld)5 Area rug or carpeting6 Partially enclosed quiet activity spaceLARGE MUSCLE PLAY (INDOOR): LARGE MUSCLE PLAY (OUTDOOR): ART AND MUSIC ACTIVITIES: 1 Large building blocks2 Large muscle equipment 1 Durable large muscle equipment 1 ». FINE MOTOR DEVELOPMENT: I 1. Manipulative toys 1 St4usic source 2 Music selections 3 Double eascl(s) 4. Rhythm instruments 1 Small blocks 2 Spontaneous dramatic play/ Montesson Practical Lila area(s) 3 Accessories/E*ercises lor H2 above 4 Full-length mirror Mufnb«r Numb«f Number On On Rmi Hand Oidor1 Clay or ptaydough2 Tempera or finger paints (non-tonic)3 Paper (colored and white)4 Paste (non tosic)5 Scraps, collage materials6 Paintbrushes7 Crayons8 Felt markers9 Blunt scissors10 Smocks 1 Pictures 2 Bulletin board 1 Facial tissue 2 Single service towels 3 Liquid hand soap r Books 2 Cognitive developmental aqutpment * One col lot eoch child in ottendonco fi¥o or mote horut You are asked to supply the data on this form so that tha M»nnasota Dapartmanl of Humiil Services may evaluate your agerKy'a request for license The infotmation provided twin be held by the licensir>Q Division of the Minnesota Department of Human SenHcas. The Inforifiifion Is classified as public, and will be open for Inspection at pen of i public licensing f?le. • • • w • M Vi t '•"C#ft»»«r Aorus ci • »iQw«i ®* Humm ii .*SCHOOL AGE (LATCH KEY) EOUIPMENT AND SUPPLIES FORM (Kindergarten through 12 years)6 BCENTERLOCATIONInstructions: To complete this form, please refer to Minnesota Rules part 9503.0060, to determine the description and numbers of equipment required for thisage group. The quantity of equipment required is proportional to the list in 9503.0060. Please contact your licensor if you have questions regarding this requirement. All items of equipment counted must be in good repair and on premise during hours of program operation.FURNITURE;-C'"'s?' rHi««4 0»S*f1. Tabl«t (20 linaar inchat par child)2. Non-loktine child tin chairt with btcfct3. Low opon tholvoB (one Unoar loot par child)4. Araa rug or carpal6. Partially anclosad quiai aclMly tpacaLARGE MUSCLE FLAY: ART AND MUSIC ACTIVITIES: DRAMATIC PLAY: 1. Larea mutcia aiiuipmanl (outdoor)2. Sporlt/racraation aquipmani t. Mutkaourco 2. Music talacliont 3. Rhythm/mutical inttrumanta | 1. Spontanooua dramatic play/ Montaaaorl Practical Lila araa(t) 2. Accastoriat/EKarcisaf for #1 abova 1. Books 2. Cognitfva davalopmanial aquipmani ARTS AND CRAFTS SUPPLIES Numi>«r NumbMf Numbw On OnHand OtdM1. Clay or playdough2. Tampara or fingar paints (non tone)3. Papar (colorad and white)4. Paata (non-toaic)6. Scraps, collage materials6. Paint brushes7. Crayona8. Fell markers9 Blunt scissors FINE MOTOR DEVELOPMENT: 1. Manipulative toys LANGUAGE DEVELOPMENT: 1. Pictures 2. Bulletin board SUPPLIES 1. Facial tissue 2. Single service towels 3 Liquid hand soap 6 wetiit Ifiry 15 mo SiaM Ratio ■ t 4 Maiimum Gioup Sifa “ 8 Minimum Staff Distribulion *(l 4 Ch = IT) (5 eCh > IT * 1A)(9 l2Ch > IT * lAT t lA)(13*16 Ch IT ♦ 1AT ♦ 2A)|i ; 20Ch * 2T 4 IAT 4 2A) 16 mo thru 32 mo Stall Ratio “17 MaRimum Group Si/a >14 Minimum Staff Distribution Ml-7Ch » IT) 18 14CI1 - IT ♦ 1AJ 115 21 Ch - IT 4 IAT* IA|(22 28Ch IT ♦ 1AT ♦ 2A)(29 35Ch » 2T 4 IAT 4 2A) 33 mo thru pit ktnde»gartin Stall Ratio *110 Maiimum Group Sira “ 20 Minimum Staff Distribution “(I lOCii - IT) 111 20Ch • IT * 1A|121 30Ch - IT 4 lAT ♦ lA)(31 40Ch 1T4 IAT ♦ 2A)|4I 50Ch = 2T 4 IAT 4 2A) Kmdorgarlen thru 12 yrs Stall Ratio * Its Maiimum Group Sua “ 30 Minimum Staff Distribution = (l l5Ch « IT) lie 30Cl« • If ♦ IA|(31 45 Ch • IT 4 1AT ♦ IA|(46 60Ch IT ♦ IAT ♦ 2A)(61-75 Ch = 2T *IAT 4 2A) STATE OF MINNESOTA DEPARTMENT OF HUMAN SERVICES DIVISION OF LICENSING MEMO TO: FROM: Child Care Programs Barbara Eggiman, Supervisor Division of Licensing SUBJECT: Addendum to Application Materials Attached you will find a number of doctunents that will be helpful to you in developing center policies and procedures. The enclosed Guidelines for Developing Center Records. Policies and Procedt^es for^ild ^are Centers should be used to develop specific required written policies. A list of reportable communicable diseases is enclosed to be used as a reference in reporting communicable diseases to the State Health Department. The rule requires that the center maintain an Individual record of each records A suggested sample Health Care Summary and Immunization record are which to b. utod to coU.ot roqulrod »dlc.l data on enrolled children. Th. oncloaod Ucena. Applicant Infortuitlon forn Is of Revenue and must be submitted once only with your initial licens application. If you have any questions on these materials, please contact your licensor. 10 A GUIDELINES FOR DEVELOPING CENTER RECORDS, POLICIES AND PROCEDURES FOR CHILD CARE CENTERS Parent policies, erergency and accident policies, health policies, behavior guidance policies, and children's admission forms must > u. jitted with the initial application and when these policies or forms are vevised. In addition, documentation of the health consultant's review of health policies and the child care program plan must be submitted with the initial ap.ylication and with each reappllcatlon. A record of instruction on emergency and accident policies, fire and tornado drill logs, center administrative records, personnel records, and information on the organization must be maintained on site and available for review. 9503.0090 INFORMATION FOR PARENTS. Subpart 1. Policies given to parents. At the time of a child's enrollment, the parei.t must be provided with written notification of the: A. ages and numbers of children the Center is licensed to service; B. hours and days of operation; C. D. E. F. G. U. I. J. child crre program options the center is licensed to operate, including a description of the program's educational methods and religious, political, or philosophical basis, if any, and how parents may review the center's child care program plan; canter's policy on parent conferences and notification to a parent oi a child's intellectual, physical, social and emotional development; type and level of liabili*.;- insurance coverage held by the license holder for the center and for all vehicles owned and operated by the license holder for the tran^-nortacion of children; center's policy requiring a health care summary and immunization record of a child; policies and procedures for rhe care of children %dio become sick at the center and parent notification practices for the onset of or exposure to a contagious illness or condition or when there is an emergency or injury requiring medical atte. on; center's policies and procedures for administering first aid and sources of care to be used in case of emergencies; center's policies on the administration of medicine and permission r' . uiremenc for the administration of ipecac syrup; procedures for obtaining written parental permission for field trips; -2-10 B K.procedures for obtaining written parental permission before each occasion of research, experimental procedure, or public relations activity involving a child; L. M. N. O. center's policies on the provision of oeals and snacks; center's behavior guidance policies and procedures; presence of pets; center's .policy that parents of enrolled children may visit the center any time during the hours of operation; and P.telephone number of the Department of Human Services, Division of Licensing. 950?.0110 EMERGENCY AND ACCIDENT POLICIES AND RECORDS. Subpart 1. Policies and records. The applicant must develop written policies governing emergencies, accidents, and injuries. The license holder must ensure that written records are kept about Incidents, emergencies, accidents, and injuries that have occurred. Subpart 2. Instruction record. The license holder must keep a record of instruction to all staff persons and, when appropriate, to children and parents, about how to carry out the policies. Subpart 3. Policy content. The policies must contain: A. B. Procedures for administering first aid. Safety rules to follow in avoiding injuries, bums, poisoning, choking, suffocation, and traffic and pedestrian accidents. C. D. Procedures for the daily inspection of potential hazards. Procedures for fire prevention and procedures to follow in the event of a fire. Fire procedures must: (1) <2) (3) (4) mandate monthly fire drills and a log of drill times and dates; identify primary and secondary exits, building evacuation routes, the phone number of the fire department, persons responsible for the evacuation of children, and areas for which they are responsible; contain instruction on how to use a fire extinguisher and how to close off the fire area; and pro’^ide for the training of staff persons to carry out the fire procedure. r, , L -3-10 C E.Pj^oc6dur6S to follow in the event of e blizzard, tornado, or other natural disaster that include the location of emergency shelter, procedures for monthly tornado drills from April to September, and a log of times and dates showing that the drills were held. F. G. Procedures to follow when a child is missing. Procedures to follow if an unauthorized person or a person who is J^jjcapacitated or suspected of abuse attempts to pick up a child or if no one comes to pick up a child. H. I. So\irces of emergency medical care Procedures for recording accidents, injuries, and incidents Involving a child enrolled in rhe center, a staff person, or a visitor. The written record must contain the name and age of the persons Involved; date and place of the accident, Injury, or Incident; type of Injury; action taken by staff; and :o whom the accident, injury, or incident was reported. J.Procedures mandating a semiannual analysis of the record in item I and any modification of the center's policies based on the analysis. Subpart 4. Records. The following records must be maintained in the center's administrative record: A. B. C. the procedures specified in subpart 3; a log of fire and tornado drills; and a written record of accidents, injuries, emergencies, and incidents. 9503.0140 HEALTH. Subpart 1. Health policies. The license holder m>ist develop written health policies approved by the Commissioner and must ensure that they are carried out. Subpart 2. Health consultation. The center must have a healtn consultant who must review the center's health policies and practices specified in items A to C and certify that they are adequate to protecc the health of children in care. m 4-10 D • t •! "I A 3 The review muse be done before initial licensure, submitted with the application for initial licensure end repeated every year after the date of initial licensure. For programs serving Infants, this review must be done initially and monthly thereafter. Additionally, the license holder must request a review by the health consultant of the center's health policies and practices if there is a proposed change in the center's health policies or practices or an outbreak of contagious reportable illness as specified in part 4605.7040. A copy of the consultant's findings mtist be placed in the center's administrative record. The consultant must review: A. A. C. The first aid and safety policies and procedures required by part 9503.0110, subpart 3, items A, B, and C. The diapering procedures and practices specified In subpart 12. The sanitation procedures and practices for food not prepared by or provided by the license holder as specified in part 9503.0145, subpart 3, and for Infants as specified In part 9503.0145, s*.bpa'’t 7. 9503.0120 PERSONNEL RECORDS. The license holder must ensure that a personnel record for each staff person Is maintained at the center. The personnel record for each scaff person must contain: A. the staff person's name, home address, home telephone number, and date of birth; B. the telephone number of a person to be notified In an emergency; C. the staff person's Job '' scrlption; 0. documentation that the staff person has completed the applicant bacicground study required in part 9503.0025; E. the staff person's application, resume, and documentation indicating that the staff person meets the requirements of the staff person's Job description and the education and experience requirements specified in parts 9503.0031; F. documentation that the staff person has completed the orientation to the center required in part 9503.0035, subpart 1: G. documentation, when applicable, that the staff person has completed the first aid and CPR training required in part 9503.0035, subparts 2 and 3; -5*10 E H.documentation of completion of the in service training required by part 9503,0035, subpart 4, showing the training topic, source of training, number of hours completed, and method used to document mastery of the subject; I.documentation of procedures for and completion of an annual evaluation of the staff person's work and specification of inservice training needs; and J. documentation of any disciplinary action including termination. The license holder shall not disclose a staff person's personnel record to any person other than the staff person, the staff person's legal representative, the staff person's supervisor, or employee of the license holder designated by one license holder to maintain personnel records, and the commissioner, unless the staff person has given written consent or as otherwise required by lav. 9503.0125 CHIJDREN'S RECORDS. At the time of enrollment In the center, the license holder must ensure that a record is maintained on each child. The record must contain; A. B. C. the child's full name, blrthdate, and c\irrent homo address; the name, address, and telephone nuiiA>er of the child's parent; Instructions on how the parent can be reached when the child Is attending the center; D.the names and telephone mimbers of any persons authorized to take the child from the center; E.the names, addresses, and telephone numbers of the child's source of regular medical and dental care and the source of medical and dental rare to be used in case of an emergency; F.the names, addresses, and telephone numbers of two persons to be contacted If a parent cannot be reached in an emergency or when there is an injury requiring medical attention; G,the heelth form and Immunization Information required by part 9503.0140; M.written authorization for the license holder to act in an emergency, or idien a parent cannot be reached or is delayed; I.mrltten authorization, if granted, for the license holder to adainlster Ipecac syrup according to part 9503.0140; J. tho hours and days of the week the child will attend the center; -6-10 F K.for children age six weeks to 36 months, a description of the child's eating, sleeping, toileting, and communication habits, and effective methods for comforting the child; L. M. documentation of any dietary or medical needs of the child; documentation of any individual child care program needs for the child; and N.the date of parent conferences and n summary of the Information provided to the parent at the conference. The license holder shall not disclose a child's record to any person other than the child, the child's parent or guardian, the child's legal representative, employees of the license holder, and the Commissioner unless the child's parent or guardian has given vrritten consent or as otherwise required by lav. 9503.0100 PARTICIPATION IN FIELD TRIPS. The license holder must ensure that written permission is obtained from each child's parent before taking a child on a field trip. A %n:itten permission form must be obtained before each field tr.p or on a form that annually summarizes all field trips that ^*111 bo taken. The parent's written permission most state that the parent has been informed of the purpose and destination of the field trip. On field trips, staff must take emergency phone numbers of the child's parent and the persons to be called if a parent cannot be reached, the phone number of the child's physician, and a first aid kit. 9503.0105 RESEARCH AND PUBLIC RELATIONS PERMISSION. The license holder must ensure that written permission is obtained from a parent before a child is involved in experimental research or p\iblic relations activity involving a child %rhile at the center. A separate written permission form must be obtained before each occasion of experimental research or public relations activity or on a form that annually summarizes all research and public relations activities that will be undertaken. The permission form must be maintained In the child's record. 9503.0055 BEHAVIOR GUIDANCE. Subpart 1. General requirements. The applicant must develop written behavior guidance policies and procedures, and the license holder must see that the policies and procedures are carried out. The policies and procedures must; -7-10 G A. B. C. D. E. F. ensure that each child is provided with a positive model of acceptable behavior; be tailored to the developmental level of the children the center is licensed to serve; redirect children and groups away from problems toward constructive activity in order to reduce conflict; teach children how to use acceptable alternatives to problem behavior in order to reduce conflict; protect the safety of children and staff persons; and provide Immediate and directly related consequences for a child's unacceptable behavior. Subpart 2. Persistent unacceptable behavior. The license holder must have written proc'iures for dealing with persistent unacceptable behavior that requires an Increased amount of staff guidance and time. The procedures must specify that staff: A. observe and record the behavior of the child and staff response to the behavior: and develop a plan to address the behavior documented in item A in consultation with the child's parent and with other staff persons and professionals when appropriate. Subpart 3. Prohibited actions. The license holder must have and enforce a policy that prohibits the following actions by or at the direction of a staff person: A. Subjection of a child to corporal punishment. Corporal punishment inclxides, but is not limited to, rough handling, shoving hair pulling, ear pulling, shaking, slapping, kicking, biting, pinching, hitting, and spanking. B. Subjection of a child to emotional abuse Emotional abuse includes, but is not limited to, name calling, ostracism, shaming, making derogatory remarks about the child or the child's family, «nd using lanjpjage that threatens, humiliates, or frightens the child. C. Separation of a child from the group except as provided In subpart 4. D. Punishment for lapses in toilet habits. E.Withholding food, light, warmth, clothing, or medical care as a punishment for unacceptable behavior. -8-10 H F.The use of physical restraint other than to physically hold a child when containment is necessary to protect a child or others from harm. G. llie use of mechanical restraints, such as tying. For children with mental retardation or a related condition as defined in parts 9525.0015 to 9525.0165, physical and mechanical restraints may be permitted if they are Implemented in accordance with the aversive and deprivation procedures governed by parts 9525.2700 to 9525.2810. Subpart 4. Separation from the group. No child may be separated from the group unless the license holder has cried less intrusive methods of guiding the child's behavior which have been Ineffective and the child's behavior threatens the well being of the child or other children In the center. A child who requires separation from the group must remain within an unenclosed part of the classroom where Che child can be continuously seen and heard by a program staff person. Uhen separation from the group Is used as a behavior guidance technique, Che child's return to the group mxist be contingent on the child's stopping or bringing under control the behavior that precipitated the separation, and the child must be returned to the group as soon as the behavior Chat precipitated the separation abates or stops. A child between the ages of six weeks and 16 monClis must not be separated from the group as a means of behavior guidance. Subpart 5. Separation report. All separations from Che group mast be noted on a dally log. The license holder must ensure that notation In tne log Includes the child's name, staff person's name, time, date, and Information indicating what less Intrusive methods were used to guide the child's behavior and how the child's behavior continued to threaten the well being of the child or other children In care. If a child Is separated from the groxip three times or more in one day, the child's parent shall be notified and notation of the parent notification shall be Indicated on Che dally log. If a child Is separated five times or more in one week, or eight times or more in two weeks, the procedure In siibpart 2 must be followed. Subpart 6. Children with mental retardation or related conditions. For children with mental retardation or related conditions as specified in parts 9525.0015 to 9525.0165, the standards governing the use of aversive and deprivation procedures In parts 9525.2700 to 9525.2810 apply. 9503.0045 CHILD CARE PROGRAM PLAN. Subpart 1. General requirement. The applicant must develop a written child care program plan, and the license holder mxist see that It is carried out. The child care program plan must: A. mandate that children have supervision at all times; B describe the age categories and number of children to be served by Che program: L -9-10 I c. D. describe the days and hours of operation of the program; describe the general educational methods to be used by the program and the religious, political, or philosophical basis, if any; E.be developed and evaluated in writing annually by a staff person qualified as a teacher under part 9503.0032; F.have stated goals and objectives to promote the physical. Intellectual, social and emotional development of the children in each age category in part 9503.0005, subpart , for which care is provided; C.specify activities designed to promote the Intellectual, physical, social and emotional development of a child in a manner consistent with the child's cultural background; H.specify that the Intellectual, physical, social and emotional progress of each child be documented in the child's record and conveyed to Che parent during Che conferences specified in part 9503.0090, stibparc 2; I. J. provide a daily schedule for both indoor and outdoor activities; provide for activities that are both quiet and active, teacher directed .”nd child initiated; K.provide for a variety of activities that require the use of varied equipment and materials; and L. be available to parents for review on requeft 9503.0115. CENTER ADMINISTRATIVE RECORDS. The records required by this pert must be maintained within the center and be available for inspection at the request of Che Commissioner. The license holder must ensure that the following are maintained: A. a record of the information given to parents specified in part 9503.0090; B. C. D. E. Che personnel records specified in part 9503.0120; Che children's records specified in part 9503.0125; the child care program plan specified In part 9503.0045; the accident, injury, emergency and incident records specified in part 9503.0110; F. the staff distribution schedule specified in part 9503.0040; . j s -10-10 J G.a list of reportable communicable diseases as defined in part 4605.7040; H. I. the separation reports mandated in part 9503.0055; the report by the health consultant mandated in part 9503.0140; and J.a record for each consultant whose services the center purchases either by contracting directly with the individual or by contracting for the person's services with another organization. The record must contain a copy of a signed contract or letter of appointment specifying conditions and terms of employment and documentation that the person under contract meets any licensure, registration, or certification requirements required to perform the service specified in the contract. 9503.0025 APPLICANT BACKGROUND STUDY. Subpart 2. Information on organizations. If the applicant is an authorized representative of a partnership, corporation, volxmtary association, or other organization legally responsible for the operation of the child care program, the applicant must make available and maintain the names and addresses of the owners and board members, the articles of incorporation, and an organizational chart in the center administrative record specified in part 9503.0115. i 11 A MINNESOTA RULES PART 4605.7040 State Dept, of Health * 612:623-5414 DISEASE AND REPORTS Cases, suspected esses, carriers, and deaths due to the folloving diseases and disease agents shall be reported to the Department of Health. The disease folloved by an asterisk shall be reported Immediately by telephone to the Commissioner of Health. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. U. 12. 13. 14. 15. 18. 17. II. 19. 20. 21. 22. 23. 24. 25. 28. 27. 21. 29. 30. 31. 32. 33. 34. 35. 38. 37. 38. Acquired Immune Deficiency Syndrome (AIDS) Aameblasls (Ents oeba histolytica) Anthraz* (Bacillus anthracls) Babesiosis (Babesia sp.) Blastomycosis (Blastomyces dermatltldis) Botulism* (Clostridium botullnum) Brucellosis (Brucells sp.) Casipylobaccerlosls (Campylobacter sp.) Chancroid (Haemophilus ducreyi) Chlamydls trachomatis Infections (nonspecific urethritis, carrlcltls, salpingitis, neonatal conjunctivitis, pneumonia, and lymphogranuloma veneretim) Cholers* (Vibrio cholerae) Diphtheria (Corynebacterlum dlphtherlae) Dlphyllobothritim latum Infection Encephalitis (caused by Infectious agents) Ehlnoeoceosls (Echinococcus sp.) Ciardlasls (Glardla Laablia) Gonorrhea Infections (Including: Gonococcal salphlngltls, ophthalmia neonatorum. Penicillin resistant Neisseria gonorrhea Infections) Haemophilus Influenzae disease (only Ivaslve disease Including epiglottitis, cellulitis, bacteremia, and meningitis. Hepatitis (viral types A, B, and Non-A, Non-B) Herpes simplex Infections (neonatal, less than 30 days of age, disease only) Histoplasmosis (Histoplasma capsulatum) Infuenza (unusual case Incidence or laboratory confimad cases) Lead (poisoning and undue absorption) Legionellosis (Legionella sp.) Lepi y (Nyeobaetarlum leprae) Leptospirosis (Leptospira Interrogans) Lyme Disease (Borellla burgdorferi) Malaria Measles* (Rubeola) Meningitis (caused by all types of bacterial, viral, or fungal agents) Menlngococcemla (Neisseria mcnlnglditis) Mumps* Myeobacterloses (symptoaiatic cases only; e.^clusive of tuberculosis and leprosy) Pertussis (Bordetella pertussis) Plague (Yersinia pestls) Poliomyelitis* Psittacosis (whlaaydla Pslttacl) Q Fever (Ccxiella burnetii) 11 B 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. (2) («nln*l «n<? human cates and suspects)* ^•uMCic Fever (cases meeting the Jones Criteria only) Rubella and Congenital Rubella Syndrome Rocky Mountain Spotted Fever (Rickettsia rlckettsil R Canada) Salmonellosis, including typhoid (Sslmonella sp.) Shigellosis (Shigella) Staphylococcal disease (Staphylococcus aureus outbreaks only) Streptococcal disease (only Streptococctss agalactiae -Group B neonatal, less than 30 days of age, disease) Syphilis* (Trlchinella sprialis) Tetanus (Clostridium tetanai) Tori'. Shock Syndrome Ttlchinosis (Trlchinella spiralis) Tuberculosis (Mycobacterium tuberculosis) Tularemia (Francisella tularensis) Typhus (Rickettsia provaseki and R. typhus) Tellov Fever Tersinicsis (Tersinia sp.) Statutory Authority: MS s 144.05; 144.0742; 144.12 History: 9 SR 2584 I 'IHPIOm StAfI OIVlIOfNIIII IRAINING RICOROll4MrCtnirr4 1 1 Sutjfft Afiil Coil of Irilnifi9 ?. Iraiitin) Inttllulion I. Intlruclor Itolt4. Coaiplcte4 S. Ap9ro«t4 i. Clock Nowrt AfflllalH 1. mill Cooltr 1. 6ro«o' • 1 i i [ ! ^ — - - . -----------------* # • «»« mm • ____i• I L Itrtvta i. ClocI MD«r«affiiitita 9. ana Cttitr . iX......., _______s, • • • • •• mm • ----------1 SUGGESTED FORMSeparation ReportDateCfcll4*s 1st 1 Last Ini.IncidentDescription l^revlotts Culdance Nethods Used SeparatlMfine•efin Cnd farentnotified sa SUGGESTED FORM Monthly Sub. Report Ste Minnesota Rules P*rt 9503.0034 Subpart 3A and 3B Month 5 Year_ _ _ __Full time teacher and assistant teacher equivalents Yearly number of unqualified substitute hours allowed Name Date Group Assignment Hours Worked t Total # of unquaMfitrf su^ houri rcmtni nq - Form SP:Ct State of Minnesota License Applicant Information Undor Minnesota law (M.S. 270.72). the agency issuing you this Icons# is required to provide to the Minnesota Commissionor of Revenue your Minnesota business tax identitication number and the Social Security number ol each license appicani Under the Minnesota Government Data Practices Act and the Federal Privacy Act of I97e. we must advise you thai; • This intormation may be used to deny the issuance, renewal o. iranster of your license if yo; owe the Minnesota Depaiiment of Revenue oelMiquerir taxas. penalties, or interest; • The licensing agoncy will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of”Intormation Act. the Department of Revenue is allowed to supply tnis information to the Interna' Revenue Serve#; . Failing to supply this Information may jeopardize or delay the Issuance of your Icons# or processing your renewal appication. Please fill m the following information and return this form along wHh your application to the agency laauing tha license. Do not return this form to the Oepertmant of Revenue. Hwne ol i«erua being appiioO tar and hoenae number Ucensing Au^toniy (name oi city. UQurey. or sttie agency tuwirg licerwei Ucenae renewal date Personal Information: Fvsi neme one imaei Appiieitfue»ddr»M Sooel aeotfity numC^ TSBBr Business Information (If applicable): Bwamosaneme Buwness address &ISIB ^j^uoom m HkM idsnencaion nuffiMf If e Mfnneeote *#» fd^ntlSctthn number Is nef nquind, pfeeee •gpi»tn on Me netrerse eide e/ Ml# renii. HEALTH CARE SUMMARY (CO be completed by health care source) Date of Enrollment NAME OF CHILD Birth Cate ADDRESS Telephone PARENT/S OR GUARDIAN, Date of last physical examination How long have you been seeing this child? Does this child have any allergies (including allergies to meds?) Is a modified diet necessary?. Is any condition present that < esult in an emergency? Vhat is the status of the child's . . Vision Hearing, Speach_ Flaase list below the important health problems. Indicate if you or someone else is following the child for the problem, and check which problems require special attention at the center. Followed Followed by other Requires Special Taportant Health Promblems bv VOU Med Source(Name) AtttDtlgn Other information helpful to the group day care center Source of health care Associates or clinic Seta Address Child Care Immunization Record *'7 Name;Binhdate: l-AKTI CompleleMO DA Y,YH intonranon lor all aranun immunization history _ Date cf Enrollmeni: *3 dos«s during y«ar (at i month rnmn^) -4th dosa at IS through 18 months * Boostar dosa «t 4 through 6 yaan or at school antrane* -OIWTipa-RubaUa (lltlRi • Raquirad for childran 15 months of aga and olds' - Vaodna must b« admir»iatarad on or aftar i at birthday r / / 2*/ / 3*r / / 4* / / , 5 / ^ J /•/ / ^ 2 / / 1 Polio e and older •2 dosas during Istyaar (Mt2 tnonth ntervaAij •3rd dosa at 15 through 18 months • Boostar dosa at 4 through 6 yaars or at school antranca Haamophilua Innuaniaa h (HIb) for al Trrnilaat 2 months through 4 yaara - Childran 2 months through 15 months foHow product OPV i tpv r ....../ /OPV PV 2*. / /OPV PV 3* _/ / ! 41 / / / / » / -"rL'2i / / moe 31 / / / / 4 / / ' Complete the appropriate signature portion. ••ast 1 Hi) if ts m«nth. ''wnihs and has oompiatad >yiatiaaorffarar<iGua>dy<y/>h»«e^i^i»>frP^ ' *»»■» «»»• abov namad chil d has racarvad tha ~ ^ (choosa jifappmpfiaa optima)immunizations as indicatad abova and: w0 oomplafa a primary sarias ahthm ia months; andA)r immunization is not indicaiad for madical fotlowiog immuniznofie, tha parantTguardian ia opposad to oartain ^•«ons or laboratory confirmatbn of adaquat. immunity a*«ts for tha --------------------------------------------- and/or vaecina(s) as indicatad by tham m statamant C. babw. immunization;^: (similaf siaiamanf « provbar. v»ocnas Indicatad and hava had statamant B. compiar*d by my p rysiaan or haalth care Signsturo of Paronf or Logs' Gusrmsr SmhteriSoO and s^orn to befott ma tku Dotm «At,TH 18 LICENSE FEE SCHEDULE DEPARHENT OF HUMAN SERVICES DIVISION OF LICENSING PLEASE RETURN YOUR APPLICATION TO:PLEASE RETURN THIS FORM WITH YOUR FEE TO: DIVISION OF LICENSING DEPARTMENT OF HUMAN SERVICES 444 LAFAYETTE ROAD ST. PAUL. MN 55155-384^ CASHIER DEPARTMENT OF HUMAN SERVICES 444 LAFAYETTE ROAD ST. PAUL, MN 55155-3811 NAME OF CORPORATION OR PERSON(S) MAKING REMITTANCE NAME OF PROGRAM BEING LICENSED (Please be specific) ADDRESS Please identify program fith exact name and address. YOU OPERATE MORE THAN ONE PROGRAM.THIS IS ESPECIALLY IMPORTANT TF NUMBER OF PARTICIPANTS FOR WHICH YOU HILL BE LICENSED (CAPACITY) AMOUNT OF CHECK $ ANNUAL LICENSING FEE SCHEDULE - EFFECTIVE JULY 1. 1S91 CHILDREN'S PROGRAMS base fee Group Day Care Centers $27.50 ♦ ($3.00 X L.C.*) Group Day Care Half-Day Centers (Licensed Biennially) Child Caring/Placing Agencies $55.00 * ($6.00 X L.C.) $55.00 ($.80 for each adoption & foster home**) * L.C. • Licensed Capacity **Mopt1on and foster homes • Each adoption decree granted by a court In the previous No fees charged to Family Foster Care Homes, Adult Foster Care Homes, Family Day Care Homes, State Residential Treatment Centers or State Nursing Homes (unless the Nursing Home operates a day care center). . % « NO'TCE TO APPLTCAV^^ PU«s« r«*d ch« following Ir.formaclon. sign the fora btlow and return with your application for licenaura. * Under no circuaatancai will the Deparcaenc of Human Services issue a license dated prior to the completion of the licensing study. * * Under Minnesota Statutes, Chapter 245A.04. the Department of Human Services (DHS) has 90 working days after receipt of a. eomplece enolleacinn co conduct a licensing study end act on the application. A complete eppUcation includes all req«*.ired reports for DHS and from other state agencies or departments, counties, municipalities, or ocher political subdivisions. * * Under Minnesota Statutes, Chapter 245A.03, subdivision 3, it is a misdemeanor to provide a program chat is subject to licensure without a license. 1 have read and I understand the conditions stated above. Mama of Applicant (Legally ftasponsible Party) Name of Program Address Signature of Applicant Data • » CaAPTni 7503 OEPAATMDC Or ffUHA-S SERVICFS CBILO CAA£ CCCCRS LICOISINC REOOIROOMTS FOR CBILO CARE COCCRS 9503.OCOS OtriNITrCNS. APPLICABILITY. OPTIONS FOR CaiLS C.\RC PROCROfS. APPLICANT BACKCROONO STVDY. CUALiriCATIONS OF APPLICANT AND STAFF. DIRECTORS. TZACKSIS. ASSISTANT TEACBSRS. AIDES. VOLCniTZERS. StTlSTITOTES. ORIENTATION. PIRST AID. AMO IN SERVICE TRAINING. STAFF RATIOS ANO CROUP SIZE. CaiLO CARE PROGRAM PLAN. NAPS AMD REST. BOUVIOR CUIOANCE. rURNISRINCS. EOUIPMEMT. MATERIALS. AND SUPPLIES. CHILD CARE FOR CHILDREN VITH SPECIAL NEEDS. NIGHT CARE PROGRAM. DROP IN PROGRAM. EXCLUSION or SICS CHILDREN. SICR CARE PROGRAM. INFORMATION FOR PARENTS. PARENT VISITATION. PARTICIPATION IN flELD TRIPS. RESEARCH AMD PUBLIC RELATIONS PERMISSION. OfZXGZNCT AMD ACCIDENT POLICIES ANO RECORDS. LUTTER ADMINISTRATIVE RCCORDS. PERSONNEL RECORDS. CBZLDR0'S RECORDS. 9SC3.0010 9503.0015 9503.3025 9503.0030 9503.0031 9503.3033 9903.0033 9503.0034 9503.0039 9903.0040 9903.0049 9903.0090 9903.0099 9903.0040 9903.0049 9903.0070 9903.0079 9903.0010 9903.0019 9903.0090 9903.0099 9903.0100 9503.0109 9903.0110 9903..119 9903.0120 9903.0129 9903.0130 9903.0140 9903.0149 9903.0190 •903.0199 9903.0170 9903.0179 FOOD AMD MATER. TBAMSPOBTATION. FACILITT. UCBISIH6 PROCESS. EFFECTIVE OATES AMO REPEALER. CHAPTER 9503 DEPARTMENT OF EUMAJl SERVICES CHILD CARE CENTERS LICENSING REQUIREMENTS FOR CHILD CARE CENTERS 9503.0005 DEFINITIONS. Subpart 1. Seopa. Tha daflnltions in this part apply to parts 9503.0005 to 9503.0170. Subp. 3. Ago catogory. "Ago catagory* oaans tha dtsignaticin givan a child according to the cnild's ago. The age categories are as Colloos: A. "Infant" naans a child who 1s at least sit weeica old but lass than Itf nonths old. B. "Toddler* neans a child at least 16 months old but lass than 33 nonths old. C. "Preschooler" neans a child who is at least 33 nonths old but who has not yet attended the first day of kindergarten. D. "School age child* naans a child who has at least attanf’ed the first day of kindergarten but is lass than 13 years old. Tha age designation given a child nay be further nodified All accordanco with part 9503.0040* subpart 4. Subp. 3. Applicant. *Applieant* neans a person, corporation, partnership, voluntary association, ot other organisation that has applied for licenaure under Minnesota Statutes, chapter 345A, section 352.38, subdivision 3; and parts 9503.0005 to 9503.0170. The tern includes license holders that have applied for a new license to continue operating a child care prograa after the espiration date of their current license. Subp. 4. Baildiaf official. *Building official" neans a person appointed according to Minnesota Statutes, section lM.f5, to adainister the state building .:ode. The tern includes the appointee*s authorised repreoantaelve. Subp. 5. Caatar. "Center* naans a facility in which a child care program is operated when the facility is not ascluded by Minnesota Statutes, section 245A.03, subdivision 3, and is not required to be licensed under parts 9503.7315 to 9503.0445 as a faaily or group family day care home. Subp. f. Child. "Child" naans a person 12 years old or younger. Subp. 7. Child care program. "Child cere program* means the systematic ornanisation or arrangement of activitASa, personnel, materials, and equipMnt in a facility to promote the physical. Intellectual, social, and asMtional development of a child in the absence of the parent for a period of leas than 34 hours a day. Subp. 8. Child care program plan. "Child care progris plan* aaans the written document that states the specific activities that will be provided by the license holder to promote the physical, intellectual, social, and emotional devc\<Jpment of the children enrolled in the center. Subp. 9. Clean. "Clean* msas free from dirt ot other contaiainanna that can be detected by si<;bt/ sr.ell, or toucn. Subp. 10. Commissioner. "Ccr-tissioner" T.ear.s t.**.e commissioner of tne Oepartc-ent of Human Services or t.ne commissioner's designated representative. Subp. 11. Disinfected. "Disinfected" means treated to reduce microorganism contamination after an object has been cleaned. Disinfection oust be done by rinsing or wiping with a solution of one-fourth cup chlorine bleach plus water to equal one gallon, or an equivalent product or process approved by the Board of Health as defined in Minnesota Statutes, section 14SA.02, or its designee. Subp. 12. Facility. "Facility" means the indoor and outdoor space in which the child care program is provided. Subp. 13. Fire marshal. *Fi's marshal" means the person designated by Minnesota Statutes, a >etion 299P.011, to administer and enforce the Minnesota Oniform Fire Code. The term includes the fire marshal's authorised representative. Subp. 14. laaltb consultant. "Health consultant” means a physician licensed to practice medicine under Minnesota Statutes, chapter 147} a public health nurse or registered nurse licensed under Minnesota Statutes, section 148.171j or the Board of Health as defined in Minnesota Statutes, section 14SA.02, or its designee. Subp. IS. License. "License* means a certificate issued by the commissioner authorising the license holder to operate a child care program in a center for a specified period of time in accordance with the terms of the license, rules of the cooiissioner, and provisions of Minnesota Statutes, chapter 24SA, and section 2S2.28, subdivision 2. Subp. 18. License bolder. "License holder" means the individual, corporation, partnership, voluntary association, or other organisation legally responsible for the operation of the child care program in a cent*?r that has been granted a license by the eommissioner under Minnesota Statutes, ct^pter 245Ai section 292.2B, subdivision 2} and parts 9503.0005 to 9903.0170. Subp. . Llesnsad capacity. "Licensed capacity" wans the masimum number of children for which the license holder is licensed to operate a child care program U a center at any one Subp. II. Medicine. "Medicine" means a substance used to treat disease or injuries, msintain health, heal, or relieve pain. The term applies to prescription and nonprescription substances taken internally or applied esternally. Subp. 19. mnneeota Oniform Firs Code. "Minnesota Dniforn Fire Code* aeana those codes and regulations adopted by the atate fire marshal according to Minnesota Statutes, section 399r.011. Subp. 20. Parent. "Parent* msana the person or persons with legal cuatody of the child. Subp. 21. Program staff person. "Program staff person* means a teacher, assistant teacher, or aide, whether paid or unpaid, who carries out the child care program plan in the center and has direct contact with cttildren. Subp. 22. Sieh child. "SteJi child* means a child with a oondition or illness as specified in part 9503.0080. Subp. 23. Staff person. "Staff person* means a persen, wbather paid or unpaid, who works in tne center. L’LfifeMiiUi iKPlilitl* iKHlItli m <ri (» 9t • • have direct contact with or access to persons served by the child care prooraiT. r.ust be made under Minnesota Statutes, section 245A.04, subdivision 3, using fcrms and in a manner prescribed by the coississioner. Subp. 2. Information on organizations. If cne applicur.t is an authorized representative of a partnership, corporation, voluntary association, or other organization legally responsible for the operation of the child care program, the applicant oust matce available and maintain the names and addresses of the owners and board members, the articles of incorporation, and an organizational chart in the center administrative record specified in part 9S03.011S. MS s 24SA.02 subd 10; 245A.09 subd 1; 252.28 subd 2 13 SR 173 9503.0030 QUALIFICATIONS OF APPLICANT AND STAFF. Subpart 1. DafInltiona. In parts 9503.0030 to 9503.0034: A. •Accredited course” means a course that is offered for credit by or through an acereditad poatsecondary institution B. "Education” means accredited course work from an accredited poatsecondary institution in child development; children with special needs; early childhood education methods or theory; curriculum planning; child study techniques: family studies; child psychology; parent involvement; behavior guidance;' child nutrition; child health and safety; early childhood special education methods or theory; child abuse and neglect prevention; recreatio.ial sports, arts, and crafts methods or theory; or coordination of community and school activities. •Education,” as specified on the charts in parts 9503.0032 and 9503.0033, is in addition to the credential specified in column A unless the course work has been completed as part of the credential. C. "Eaperience” means paid or unpaid employment serving children as a teacher, assistant teacher, or aide, in licensed child care center, or work as a student intern in a licensed center, a school operated by the cbmmlssloner of education or by a legally constituted local school board, or private school approved under rules administered by the eoK^ssioner of education. % 0. *ftttdent intern” means a student of a poatsecondary institution assigned by that Institution for a suMtvis^d ifith ehildr#ns Th# •ap#ri®nct Butt b# in a licensed center, an eleMntary school operated by the commissioner of education or a legally constituted local school board, or a private school approved under rules administered by the coamiaaioner of education. The term inclc*a person who is practice teaching, student teaching, or cat. i out a practiesm or internship. t. ”ftaff supervision” means responsibility to hire, train, assign duties, and direct etaff in day to day activities and evaluate staff performance. A "supervisor” is a person with staff supervision responsibility. Bubp. 3. Qsnersl staff qualifications. Staff persons who have direct contact with or access to children, and volunteers who have direct contact with or access to children and are not tti^er the direct snpervlslon of a staff person, must net the qualifications in this subpartt A. Persons who supervise staff persons or volunteers MSt be St least li years Old sad meet the qualifications for 1 director, teacher, or assistant teacher. B. Staff persons and contract consultants with qualif: tions that require licensure, certification, or reqist: ion by the state of Minnesota must nave the current liccnsL.e, certification, or registration in their field on file within their personnel record specified in part 9503.0120. C. Staff persons must be physically able to care for children and must not present a risk of transmission of reportable coamunicable disease as named in parts 4605.7000 to 4605.7800 within a canter. Subp. 3. Diequalifiuation factors. A staff person with direct contact with or access to children in care must disclose the arrest, conviction, and applicant background information specified in Minnesota Statutes, section 245A.04, subdivision 3. A license holder must not be an individual or employ an individual whot A. has a conviction of, has admitted to, has been charged and is awaiting trial for, or there is substantial evidence indicating that the person has committed: (1) an act of physical abuse or sexual abuse as those terms are defined in Minnesota Statutes, section 626.556, even if the act occurred before the effective date of that statute} (3) an act of abuse as that term is defined in Minnesota Statutes, section 628.S57, subdivision 2, paragraph (d), clauses (1), (2), and (3), even if the act occurred before the effective date of that statute} (3) murder or manslaughter as those terms are defined in Minnesota Statutes, sections 509.185 to 609.305} (4) the solicitation of children to engage in sexual conduct as that term is dsfined in Minnesota Statutes, section 609.332} or (5) the sasM or similar acts or crimes as those in this item listed in the lavs of another stats or of the Onited States or of amottar eountry} I. has a conviction of, has admitted to, has an adjudication of delinqueney for, has-been charged and is awaiting trial for, or a preponderance of the evidence indicates the person has committed: (1) neglect as defined in Minnesota Statutes, section 636.556, subdivision 2, paragraph (c): 152}(3) a felony under Minnesota Statutes, chapter <3) any crime liAted in Minnesota Statutes, sections 609.21 to 609.294} 609.321 to 609.345} 609.365} 609.377} 409.378} 609.583, subdivision 1} 609.561 to 609.563} 609.66 to 609.67} 609.687} 609.71} 609.713} or 617.33 that is Other than those listed in item A} or (4) the same or similar crimes as those In this item listed in the lavs of another state or of the Onited States or of another country} C. has had parental right terminated under Minnesota Statutes, section 260.231, paragraph (b)} 0. has mental illness as defined in Minnesota Statutes, section 345.463, subdivision 30, and \ne behavior has or may nave a negative effect on tne ability of provide cnild care or is apparent during tne ncu in care; or tne person to • w***««**«>* fil»C E. abuses prescription drugs or uses controlled substances as named in Minnesota Statutes, chapter 152. or alcohol to the extent that the use or abuse impairs or nay impair the person's ability to provide child care or is apparent during the hours children are in care. Subp. 4. Reeealuation of disqualification. An applicant or license holder that is disqualified fron licensure or an employee, volunteer, or contractor of an applicant or license holder who is not permitted to work baaed on the disqualification factors in subpart 3 may request tnat the commissioner reevaluate the disqualification decision and remove the disqualification. The request for reevaluation must be made in writing and sent to the commissioner by certified mail. A. A request for reevaluation of a disqualification based on subpart 3. item A. C. D. or E must be accompanied by information establishing that the evidence relied upon by the commissioner is erroneous. The cesnsissioner shall not disregard the evidence establishing that an act described in subpart 3. item A. C. D. or E occurred based on the factors in items B and C. B. A request for reevaluation of a disqualification based on subpart 3, item B. must be accompanied by: (1) copies of information held by a person, organisation, or agency spaeifiad in Minnasota Statutes, section 34SA.03. subdivision 3. pertaining to the evidence or circumstances surrounding the incident; incident) (2) the period of time elapsed since the (3) evidence of training or rehabilitation of the applicant or licansa holder, or an employee, volunteer, or contractor of an applicant or license holder that has occurred since the incident) and (4) any other information that the applicant or license holder, or an employee, volunteer, or contractor of an applicant or license bolder believes the commissioner should consider in reevaluating the disqualification decision. C. Xn detersdning whether or not to remove the disqualification, the commisainner shall consider the consequences of the incident that led to the finding; the vulnerability of the victim of the incident; the time elapsed without a repeat of the «aae or similar incident; and documentation of successful completion of training or rehabilitation pertinent to the incident. 0. The commissioner's disposition is the final administrative agency action. Subp. S. Bvaluatioo for eaume. The commissioner nay require, before licensure or at any time during the licensed term, a physical, mental health, chemical dependency, or criadnal history evaluation of any person with direct contact with children, if the commiasioner has reasonable cause to believe any of the qualifications or requirements have not been met or that the person cannot care for children. Evaluations must be conducted by a professional qualified by license, certification, education, or training to perform the specific evaluation. Evaluation refusal may result in employment disqualification. MS s 245A.02 subd 10; 245A.09 suod 1; 25:.2S suod 2 1. Sa 173 K 9S03.0031 DIRTCTORS. Subpart 1. Gaaeral rcquizaaeats for a director. A director auat: A. be at leaat 18 years old; B. be n aduate of a high school or hold an equivalent diplotsa * stained through successful coopletion of the general education development (GEO) test; C. have at least 1>040 hours of paid or unpaid staff supervision experience; and 0. have at least nine quarter credits or 90 hours earned in any combination of acctedited courses in staff supervisionr human relations, and child development. Subp. 2. Additional roqulrementa. Zf a director functions as a teacher or develops or revises the child care program plan, the director must meet the qualifications of a teacher specified in part 9903.0032. MB a 24SA.02 SUbd 10I 24SA.09 SUbd 1; 252.28 SUbd 2 13 SR 173 9503.0032 TEACHERS. A teacher must be at least 18 years old and meet the qualifications in item E with the following exceptions; A. A person employed as a teacher as of the effective date of parts 9903.0005 to 9503.0170 who met the qualifications in part s54S.0<00, subpart 1, item I, is considered to meet the qualificetiona of a teacher, but must meet the qualifications in this part within throe years of the effective date of parts 9503.0009 to 9903.0170. B. Any new employee hired as a teacher during the first three years after the effective date of parts 9903.0009 to 9903.0170 must meet the qualifications in this part or the license holder must document that the person hired at least meets the qualifications in pert 9949.0800, subpart 1, item B, and that the person will meet the qualifications in this part within three years of the effective date of parts 9503.0005 to 9903.0170. C. A registered nurse or licensed practical nurse is qualified as a teacher for infants only. 0. A registered nurse may be used to meet the /taff to child ratios for « teacher fcr sicx care in a center licensed to operate a sick care program. S. A teacher with the credential listed in column A KiSt have the education and experience listed in column B. Cc.usn A Column B (1) A high school or General ExpeiTiencet 4,180 hours B Education Development (GED) diploma as assistant teacner Educaticn: 2-J quarter credits (2) Diploma from Association Montsssori Internationale; preprimary credential, primary diploma, or provisional certificate from the American Montessori Society, without a baccalaureate degree experience: 2,080 hours as assistant teacher, aide, or student intern Education: 12 quartet credits (3) Preprimary credential, primary diploma, or provieional certificate from t e American Monteesori Society; or diplosui from the Association Montessori Internationale with a baccalaureate degree Experienct: 1,040 hours as assistant teacher, aide, or student intern Education: no additional required (4) Minnesota technical institute certificate as a Child Development Aseistant Experience: 3,0t0 hours as an assistant teacher Educaticn: sis quarter credits (5) Child Development Associate credential (cantor based or family day care) for preschool or for infants and toddlers from the Council for Early Childhood Professional Recognition Experience: 1,560 houre ae aeeistant teacher, aide, or student intern Education: no additional required (6) Licenae from the Minnesota De^rtmant of education for Prekindergarten Associate; or a certificate er credential for a two year program from an accredited community college or technical college in child development or early childhood education Experience: 1,040 hours as aeeistant teacher, aide, or student intern Education: six quarter credits (7) leccalaureate degree from an accredited college or university in any field Experience; 1,040 hours as assistant teacher, aide, or student intern Education: It quarter credits I (8i License fraa tne Minnesota De:.•taent of Education for el -ncary education without ki -ergarten endorsement Experience: 320 nours as assistant teacher, aide, or student intern if teaching children under school age Education: credits within six qu>*rter one year of initial employment if teaching children under school age Experience: no additional required (9) License from the Minnesota Department of Education for prekindorgarten/nursery, or a license from the Minnesota Department of Education for elementary education with a kindc:garten endorsement MS s 245A.02 subd 10} 24SA.09 subd 1; 252.28 subd 2 Education: no additional required 13 SM 173 worzt See part 9503.0175 for effective dates of this part. 9503.0033 ASSISTANT TEA IS. An assistant teacher oust work under the supervision of a teacher. An assistant teacher must be a*, .east 18 years old and meet the qualifications in item C with the following exceptions: A. A person employed as an assistant teacher on the effective date of parts 9503.0005 to 9503.0170 who met the qualifications in part 9545.0600, aubpart 1, item C, is considered to meet the qualifications of an assistant teacher, but must meet the qualifications in this part within throe years of the effective date of parts 9503.0005 to 9503.0170. I. Any new employee hired as an asaistant teacher during the first three years after the effective date ef parts 9503.0005 to 9503.0170 must meet the qualifications in this part or the license holder must document that the person hired at least meets the qualifications in part 9545.0600, subpert 1, item C, and that the person will meet the qualifications within throe years ef the effective date of parts 9503.0005 to 9503.0170. C. A registered nurse or licensed practical nurse is qualified as an assistant teacher for infants only. D. A registered nurse nay be used to meet the staff to child ratios for an assistant teacher for sicx care i: a center licensed to operats a sick care program. E. An assistant teacher with the credential listed in column A must heve the education and experience listed in column Column A Column ■ (1) ligh school diploma or General Education Development (CEO) equivalency Experience: 2,080 hours as an aide or student intern Education: 12 quarter cred;ts (2) Minnesota license as a family day care or group family day care provider .<:xperience: 2,080 hours as a licensed family day care or group family day care provider Education: 12 quarter credits (3) Diploma from Association Montesaori Zntarnationala or praprimary credantial« primary diploma, or provisional certificate from the American Nontassori Society Experience: 52C hours as an aide or student intern Education: three quarter credits (4) Minnesota technical inatituta certificate as a Child Oavelopmane Assistant Experience: S20 hours as an aide or student intern Education: no additional raquirad (9) Two years full<>tima pestsacondary education from a collage or university Espariance: 1,040 hours aa an aide or student intern Education: nine quarter credits (<) Child Oavalopmant Associate credential, canter baaed or for family day eara, from tha Council for Early Childhood Profassional Recognition Exparianea: no additional required Education: no additional required (7) Baccalauraata degree in any field from an accredited eollaga or university Experience: no additional required Education! nine quarter credits (i) C*rtl£ic«t« or crodontial for a two year proqraa in child davalopaant or aarly childhood education at a Ninnaaota eo—unity collaqa or tachaieal collaqa Ssparianea: no additional raquirad Education! no additional raquirad Capariancat no additional raquirad (f) Licanaa tram tha Ninnaaota Dapartaant of Education for Prakindargartan aaaociata Education: no additional raquirad US a 34SA.03 auM lOf 24SA.0f aubd li 2S2.2S aubd 2 13 fB 173 I Saa part 9S03.0175 for affaetiva datia of this part. J 9503.0034 AIDES, VOIONTEERS, SL'BST:“'JT£S. i Subpart 1. Aide qualifications. In tr.is part, "aide- means a staff person who carries out child care program activities under the supervision of a teacher or assistant teacher. An aide who is under 18 years old must be directly supervised by a teacher or assistant teacher at ail times'except when the aide is assisting with the supervision of sleeping children or assisting children with washing, toileting, and diapering. An aide must be at least 16 years old. A person employed as an aide or child care assistant on the effective date of parts 9503.0005 to 9503.0170 who met the qualifirations in part 9545.0600, subpart 1, item E, is considered to meet the qualifications of an aide, but must meet the qualifications in this part within one year of the effective date of parts 9503.0005 to 9503.0170. Any new employee hired as an aide during the first year after the effective date of r'^ts 9503.0005 to 9503.0170 must meet the qualifications in th.s part or the license holder.must document that the person will meet the qualifications within one year of the effective data of parts 9503.0005 to 9503.0170. Subp. 2. Volunteers used as staff. A volunteer who is included ir. the staff to child ratio must meet the requirements for the assigned staff position as specified in parts 9503.0030 to 9503.0034. Subp. 3. Substitute staff. A person designated as a substitute must meet the qualifications for the assigned staff position as specified in parts 9503.0030 to 9503.0034, except that the license bolder say use substitutes who do ne : nest the qualifications for teacher in part 9503.0032, item E, or assistant teacher in part 9503.0033, item C, only if: A. the amount of unqualified substitute hours per center per calendar year does not exceed 40 hours multiplied by the number of the center's full-time teacher and assistant teacher positions} I. unqualified substitutes are not used as teachers or assistant teachers for more than ton consecutive working days for the same group of children per calendar year: and C. thore is always a person qualified as a teacher present within the center except as qualified in part 9503.0040, subpart 2, item ■. KS a 245A.02 subd 10} 245A.09 subd 1} 252.20 subd 2 13 SA 173 ■OTBi See part 9503.0175 for effective date of this part.. 9503.6035 ORZEMTATXOM, PIBST AXO, AMD XN SEMVZCE TRAXNXNC. Subpart 1. Orient«cios training. The license holder oust ensure that every staff parson, and volunteers who will have direct contact with or access to children and are not under the direct supervision of a staff person, are given orientation training and successfully completes the training before starting assigned duties. Completion of the orientation must be documented in the individual's personnel record. The orientation training must include information about: A. the center's philoscrhy, child care program, and procedures for maintaining health and safety, and handling emergencies and accidents} B. specific 30b responsibilities; C. tbe behavicr guidance standards specified in oart 9503.00S5; and D. the reporting responsibilities specified in Minnesota Statutes, section 626.556^ and part 9503.0130. Subp. 2. First aid training. All teachers and ssiscant teachers and at least one staff person present in a vehicle transporting children in care must satisfactorily complete, within 90 dayv of the start of work, eight hours of first aid training unless this has been satisfactorily completed within the previous three years. The first aid training must bci A. repeated at least every three years; B. documented in the person's personnel record and indicated on the center's staffing chart; and C. provided by a licensed physician, a registered nurse or a licensed practical nurse trained to provide instruction in first aid, or an individual currently certified by the American Red Cross as a first aid instructor. On the date of initial licensure, at least one staff person with first aid training must be present in the center when children are in care and at least one person with first aid training must accompany children on field trips. Subp. 3. Cardiopulmoosry resuscltstion (CFR) training. At least one staff person trained in CPR and in the treatment of oostructed airways must be present in the center at all times when children are in care and at least one person with CPR training must accompany children on field trips. A. The individual must have completed four to six tours of CPR training which covers the use of CPR techniques with children within one year before initial es^loyment at the ee' :er or within one year of the effective date of parts 9903.OOOS to 9503.0170. Current certification in CPR by the American Red Cross or American Raart Association nay bo substituted for this CFR training. B. It the individual is not certified in CPR but has taken the CFR training specified in iteaJi, the individual must also complete a four hour refresher course in CFR which includes the use of CFR techniques with children within one year after the CFR training specified in item A, and every two years thereafter. C. CFR training must be provided or approved by the American Rod Cross, American Reart Association, a licensed physician, a registered nurse, or a licensed practical nurse trained to provide CFR instruction. 0. Documentation of the completed CFR training must be in the staff person's personnel record, and the staff person with training must be named on the center's staffing chart. •ubp. 4. Zn service training. A license holder must ensure that an annual in service training plan is developed and carried out and that it meets the reqijirements in the following items. A. The in service training plan snist; (1) be consistent with ths center's child careprogram plan; (2) neet the training needs of individual staff persons «s specified in each staff person's annual evalua- --. report; and . . ^ (3) provide training, at least one-fourth of whi h 11 by a resource not affiliated with the license holder. B. The director and all program staff persons must annually complete a number of hours of in service training equal to at least two percent of the hours for which the director or program staff person is annually paid. C. The annual requirement must be completed within the year for which it was required. 0. Training on the provisions of parts 9503.0005 to 9503.0170 relevant to the staff person's position must occur within two weeks of initial estployment. E. One-half of the in service training completed by a staff person each year of employment must pertain to the age of cliildren for which the person is providing care. f. No more t.han four hours of the annual in service training requirement for a teacher« assistant teucher» or aide may relate to administration, finances, and records. G. The remainder of the in service training requirement must be met by participation in early childhood development treining. Zn this part, "early childhood development training* means training in child development} children with special needs; eerly childhood education methods or theory; curriculum planning; child study techniques; family studies; parent involvuent; behavior guidance; child nutrition; child health and safety; recreation, sports, arts, and crafts Mthodfi or thooryt oarly childhood opocial oducation oothods or theoryI or child abuao and nogloet prevention. I. The lieenee holder must ensure that, when a staff person completee in service training, a record of the fact is Mde in the staff person's personnel record. The record must include the date training wee completed, the goal of the training and topics covered, trainer's name and organisational h***iiation, trainer's signed statement that training was sucnasfully completed# and the director's approval of the training. First aid and CFR training ouiy be counted as in service training. NS s 34SA.03 subd 10; 34SA.0f subd 1; 252.31 subd 3 13 SK 173 I See part 9503.0175 for effective dates of this part. 9503.0040 STATP RATZOf AMD CBOOP SZZC. Subpart 1. staff to child ratios and rsglmum group sise. Cacept as provided in subpart 2, the minimally acceptable staff to child ratios and the masimum group sise within each age category are; Age Category Minimum Staff;Child Ratio Masimum Croup Sise Infant Toddler lt4 li7 S 14 Preschooler i:;o :o School aqe child l:is 30 Subp. 2. Staff diatribution. The license holder r.usi ensure chat the following requirements for staff distributicr. are met and a written staff distribution record is <epc in the administrative record. A. Only a staff person who is qualified as a teacher* ••■ietant teacher* or aide and who works directly with children can be counted in meeting the staff to child ratios. B. An assistant teacher may be substituted for a teacher during morning arrival and afternoon departure times if the total arrival and departure time does not exceed 25 percent of the center's daily hours of operation. C. The BMxlmum group sise applies at all times except during meals* outdoor activities* field trips* naps and rest* and special activities such as films* guest speakers* and holiday programs. D. Except as provided in item ■* staff distribution within each age category must follow the pattern in subitems (l) to (4). (1) The first staff member needed aeet the required staff to child ratio must be a teacher. (2) The second staff member must have at least the qualifications of a child care aide. (3) The third staff member muat have at least the qualifications of an assistant teacher. (4) The fourth staff member must have at least the qualifications of a child ears aide. The pattern in aubitema (1) to (4) must be repeated until the number of staff needed to meet the staff to child ratio for each age category has been achieved. Subp. 3. Age eategory grovpiag. Children in different age categories may be grouped aa followst A. During morning arrival and afternoon departure times* children in different age categories nay be grouped together if: (1) the total arrival end departure tisM does not exceed 2S percent of the daily hours of operation: (2) the staff to child ratio* group sise* and staff distribution applied are for the age category of the youngest child present: and (3) the group is divided when the number of children present reaches the maximum group sise of the youngest rhild present. S. During the center's regular hours of operation* ^ildren in di liferent age categories may be mixed within a group (1) infants are aot grouped with children of other age categories: (2) there is no Mre than a 3i-»nth range in age among children in a group: (3) the staff to child ratios, group sise* and staff distribution applied are for the youngest child present: and (4) procran staff are qualified zs teacr. :r.e ages ot children present within the grcup. The restriction in item B, subitem (2) may oe waived if all children in the group are school age. Subp. 4. Age deeignation. A chile must be designated as a member of the age category chat is consistent with the child's date of birth with the following exceptions: A. A child may be designated as an "infant" up to the age of 18 months for purposes of staff ratios> group sire, and child care programming, if the parent, teacher, and center director determine that such a designation is in the best interests of the child. A child may be designated as a "toddler* up to the age of 35 months, or as a "preschooler" at the age of 31 months for purposes of staff ratios, group sire# and child care programming, if the parent, teacher, and center director determine that the designation is in the best interests of the child. The child's age category, either "infant," "toddler," or "preschooler* must be noted in the child's record. B. Attendance of a child in tht first day of kindergarten must be documented in the child's record, and the child must then be designated a school age child. NS S 24SA.C2 subd 10; 24SA.09 subd 1; 252.28 subd 2 13 SB 173 9503.0045 OIZLO CAB£ PROGRAM PLAN. Subpart 1. General reqsirMent. The applicsne must develop a written child care program plan, and the license holder must see that it is carried out. The child care program plan must: timesI A. mandate that childr* . have supervision at all 8. describe the age categories and number of children to be served by tbe program; program; C. describe the days and hours of operation .of the D. describe the general educational methods to be used by the program and the religious, political, or philosophical basis, if any; E. be developed and evaluated in writing annually by a staff person qualified as a teacher under part 9503.0032; P. have stated goals and objectives to promote the ph^ical, intellectual, social, and emotional development of the children in each age category in part 9503.0005, subpart 3, for tmieh care ia provided; 0. specify activities designed to promote the intellectual, physical, social, and esMtional development of a (Child ia a manner consistent with tbe child's cultural bacaground; 1. specify that the intellectual, physical, social, and emotional progress of each child be documented in the child's record and conveyed to the parent during the confertRces specified in part 9503.0090, subpart 2; If I. prcv:.de a daily schedule fcr Doth indtar ar;d Outdoor 4ctivit;.es; Tw •provide for activities that are both quiet and active> teacher directed and ch.ld initiated; K. provide for a variety of activities that require the use of varied equip-aent and oaterials; and L. be available to parents for review on request. Subp. 2. Interest areas. A chile care proqraa that operates for more than three hours a day oust provide daily access to interest areas of the center that are supplied with the equipoent and materials needed to carry out the activities specified in itetss A to B. except that a child care proqram servinq only school age children and operatiirg for lass than 90 consecutive calendar days or any program operating for less than three hours a day must provide each child with daily access to Indoor or outdoor large muscle activities specified in item C and at least five of the following interest areas: A. creative arts and crafts; B. construction; C. dramatic or practical life activities; D. science; Z. music; r. fine motor tctlvities; G. larger auaele activities; or 1. sensory stimulation activities. NS s 24SA.02 subd 10; 24SA.09 «ubd 1; 2S2.28 subd 7 11 SB 173 9503.OOSO MAPS AMD RSST. Subpart 1. Maps and rest policy. The applicant must develop a policy for nape and rest that Is consistent with the developmental level of the children enrolled In the center. The license holder oust see that the policy is carried out. Subp. 3. fareat eoBsultation. The parent of each child must be informed at the time the child is enrolled of the cvnter'a policy on nape and rest. After consultation with the child's parent, any deviation from the policy on naps and rest that is designed to meet the individual needs of a child must be Ruced in the child's record. Subp. 3. Coofinament limitation. A child who has completed a nap or rested quietly for 30 senates must not be required to remain on a cot or mat or In a crib or bed. S'lbp. 4. Placement of equipment. Haps and rest must be provided in a quiet area that is physically separated from children who are engaged in activity that will disrupt a napping or resting child. Crlbw. cots* beds, and mats must be placed so there eve clear alslea and unimpeded access for both adults and chiluren on at least one side of each piece of napping and resting equipment. Cribs, cots. beds, and mats must be placed directly on the floor and must not be stacked when In use. Subp. 5. Crib standard. A crib or portable crib must be provided for each infant for which the center :s licensed to provide care. The equipment .must be of safe and sturdy construction that conforms to Code of Federal Regulations, title 16. sections 1508 to 1508.7 and 1509 to 1509.9, as amended through October 27, 1982, or have a bar, mesh, or rail pattern such that i 2-3/8 inch diaaieter sphere cannot pass through. Subp. 6. Bidding. Separate bedding must be provided for each child in care. Bedding must be washed weekly and when soiled or wet. Blankets muse be washed or dry cleaned weekly and when soiled or wee. MS S 245A.02 subd lOi 245A.09 subd 1; 252.28 subd 2 13 SR 173 9503.0055 BEHAVIOR CDZOANCX. Subpart 1. General requireaeata. The applicant must develop written behavior guidance policies and procedures, and the license holder must see that the policies and procedures are carried out. The policies and procedures must: A. ensure that each child is provided with a positive model of acceptable behavior; B. be tailored to the developmental level of the children the center is licensed to serve; C. redirect children and groups away from problesta toward constructive activity in order to reduce conflict; D. teach children how to use acceptable alternatives to problem behavior in order to reduce conflict; and E* protect the safety of children and staff oerions; r. provide immediate and directly related consequences for a child's unacceptable behavior. Subp. 2. Peraietent unacceptable behavior. The license holder must have written procedures for dealing with persistent unacceptable behavior that remires an increased amount of staff guidance and time. The procedures must specify that staff; A. observe and record the behavior of the child and staff response to the behavior; sod B. develop a plan tc address the behavior documented in item A in consultation with the child's parent and with other staff personr and profesaionala when appropriate. Subp. 3. Prohibited actions. The license holder must have and enforce a policy that prohibits the following actions by or at the direction of a staff person; A. Subjection of a child to corporal punishment. Corporal punishment includes, but is not limited to. rough handling, shoving, hair pulling, ear pulling, shaking, slapping, kicking, biting, pinching, hitting, and spanking. B. Subjection of a child to emotional abuse, fimotional abuse includes, but is not limited to. name calling* ostracism* shaming, making derogatory remarks about the cn.ld or the child's family, and using language that threatens, humiliatss, or frightsns the child. C. Separation of a child from the group escept as provided in subpart 4. D. Punisr.r.ent for lapses in toiler habits. - 9E. Wit.hnolding food, lig.ht, warr.tr.. c-c medical care as a punishment for unacceptaole behavior c r F. The use of physical restraint other than to physically hold a child when containment is necessary to protect a child or others from harm. G. The use of mec.hanical restraints, such as tying. For children with mental retardation or a related conditi as defined in parts 9S2S.0015 to 9525.0165, physical and mechanical restraints may be permitted if they ace implemented in accordance with the aversive and deprivation procedures governed by parts 9525.2700 to 9525.2810. Subp. 4. Separation froa the group. No child may be separated from the group unless the license holder has tried lass intrusive methods of guiding the child's behavior which have been ineffective and the child's behavior threatens the well being of the child or other children in the center. A child who requires separation from the group must remain within an unenclosed part of the classroom where the child can be continuously seen and heard by a program staff person. When separation from the group is used as a behavior guidance technique* the child's return to the group must be contingent on the child's stopping or bringing under control the behavior chat precipitated the separation* and the child must be returned to the group as soon as t.he behavior that precipitated the separation abatee or stops. A child between the ages of six weeks and 16 months must not be separated from the group as a means of behavior guidance. Subp. 5. Soparatim report. .All separations from the group must be noted on a daily log. The license holder must ensure that notation in the log includes the child's name* staff person's name* tima* data* and information indicating wnat less intrusive methoda were uaed to guide the child's behavior and how the child's behavior continued to threaten the well being of the child or other children in care. Xf a child is separated from t.ie group throe times or mera in one day* the child's parent shall be notified and notation of the parent notification shall be indicated on the daily leg. If a child is separated five times or more in one week or eight times or more in t«*e weeks* the procedure in subpart 2 must be followed. Subp. 6. Childrea with mental retardation or related oonditiona. For childrea with mental retardation or related cenditiona as specified in parts 9525.0015 to 9525.0165* the standards governing the use of aversive and deprivation procedures in parts 9525.2700 to 9525.2110 apply. NS a 245A.02 subd 10) 245A.09 aubd 1; 252.28 subd 2 13 SA 173 9503.0060 FOINISaXtKS* COOIPMEHT. MATCKXALS* AND SX7PPLICS. Subpart 1. Oeneral roquirements. Each child care program must have the qxiantity and type of equipment specified in 6 for tmsttbparts 3 to 6 for tne age categories of children served. Equipment must be appropriate to the age categories and any special naeda of the children served. A center must have enough equipment for the number of childrea for which the center is licensed unless the use of equipment is rotated aawng groups of children. If the equipment is rotated asung groups of children, the center auat have enough for the maximum group aise of the age category scheduled to use the equipment at times shown on the child care program plan. When tne term "group* is used in this part it ceans trte naxisur. ^roup size for tr.e ace category specified in part 9S03.00<*0, sufcpart 1. me niniciur. eqjior.en: specified for an age category in subparts 3 to 6 ttust oe accessible every day to tne cftildren of tnat age category and arranged as specified in the child care program plan. Centers operating for less chan three hours a day do not have to provide Che outdoor equipment required in subpart 4, item B, subitem (9); subpart 5, item B, subitem (9); and subparc 6, item B, subitem (7). Subp. 2. Definitions. For the purpose of this part, the folloving terms have the meanings given t.nem. A. "Cognitive development equipment and materials'* means equipment and materials designed to enhance components of intellectual development* such as problem solving abilities* observation skills* group skills* and symbol recognition. B. "Dramatic play equipment" or "practical life activity equipment" means equipment* such as dress up clothes* large or miniature play sets* figures* and small and large building blocks that can be used to design a setting or space that stimulatea the child's imagination and encourages role playing and the learning of practical life skills. C. "Large muscle equipment" means equipment that is designed to enhance large muscle developsMnt and coordination* such as playground equipment* large boxes and pillows* large Wheel toys* pull toys* balls, jump ropes* climbers, and rocking boats. D. "Manipulative equipment" moans equipment that is designed to enhance fine motor development and coordination* such as pegs and peg boards* pussies* beads and strings* interlocking plastic forma* and carpentry materials. E. "Sensory stiswlation materials" means equipment* other than pictures* that has different shapes* colors* and textures that stimulate the child's visual and tactile senses. Examples of sensory stimulation materials include mobiles* crib attached activity boxes* sand and water activity materials* swatches of different textures of cloth* and wooden or plastic items of different shapes and colors. Subp. 3. ■qulpment and materials for Infants. The minimum equipment and materlala required for a center serving infants are as followet A. rurnishingsi (1) one area rug or carpet per group; (2) a variety of nonfolding child sise chairs including infant aeata and high chairs* one per child* or a minimum of four per group; (3) one changing table for every group of 12 infants and succeeding group of 12 or fewer infants; (4) one foot operated* covered diaper container per changing table; per child; and child. (S) one crib or portacrib and waterproof mattress (S) one linear foot of low* open shelving per ■. Program equipment and materials: (1) one book per child; (2) two large, soft building blcots per c.-.ild; (3) two pieces of infant mobility equipment, sucn as scrollers and wagons per group; (4) two pieces of manipulative equipment per child such as shape coys and clutch balls; (5) one mirror at least 12 inches by 36 Inches in sire made of Plexiglas or a similar plastic or of safety glass per group; (6) one music source such as a tape player or record player per group and music selections appropriate for the music source; (7) one noise or music making coy per child; (8) visual and tactile sensory stimulation aeterials as needed to provide visual and tactile stimulation; and crib; (9) one soft washable toy per child. C. Supplies; (1) two secs of blankets and sheets for each (2) an adequate amount of disposable paper for the changing table; and (3) an adequate amount of diapers; (4) an adequate amount of facial tissue; (5) an adequate amount of single service towels; (6) an adequate amount of liquid hand soap. Subp. 4. Equipment and materials for toddlers. The minimum equipMnt required for a center serving toddlers is as follows; A. rurnishingst (1) one area rug or carpet per group; (2) one nonfolding child sise chair, including high chairs, per child; (3) one changing table for every group of 14 toddlers and succeeding group of 14 or fewer toddlers; (4) one foot operated, covered diaper container per changing table; (S) one cot per child (mats are acceptable for programs operating during the day for less than five hours); <<) one partially enclosed space equipped for quiet activity per group; child; and (7) one linear foot of low open shelving per Child. (8) 20 linear inches of child site table edge per B. Program equipment and materials; . (l)flrts 4nd crdfts supplies# such ds c 'av and vrM pip.J, Hurtt«rsp crayonSf blunt scissors, and smocKs; (2) cn# bc->< p«r child; (3) 2^ lar9a building blocks psr group; (4) 100 ssall building blocks par group; - thraa piacaa of draiwatic play eouipBanc orsats of Montasaori Practical Lifa aquipmant par group; ...ki-.- ... (S) Mttrials and aeeassorias raquirad forsubltam (5) as naeoad to carry out tha thaffla of the activity, or six Hontassori Practical Lifa axereisas; (7) one doubla aasal par group; . f®) thraa piacas of durabla, indoor, larga fflusclaaquipmant par group; ^ ^ i thraa piacas of durable, outdoor, largamuscla aquipmant par group; ^ (10) ona mirror, at laast 12 inches by 3fi inches group?^ PlMiglss or s similar plastic or safety glass, par ss‘L:?r.':i:??;oi:: :4tsiri:r.nr ?s. (12) one aat of cognitive davalopmantal aquipmant and materials, such as pussies and matching gasMs, par rtild; 1 < (13) two sats of manipulative aquioaMnt, such asinterlocking plastic forms or beads and string, par child; (14) ona music making toy per child; (15) one aeft washable toy per child; and __ . , sensory stimulation materials as needed toprovide visual and tactile stimulatien*. C. Suppliaat (1) «n adequate amount of disposable paper for the changing table; and (2) an adequate aawunt of diapers; (3) an adequate amount of facial tissue; (4) an adequate amount of single sarvice towels; (5) an adequate amount of liquid hand soap. A. rurnishingst (1) one area rug or carpet per group; (2) ona nonfolding child sixe chair per child; J (3) one cot or bed and waterproof r.attress per child (xacs are acceptable for programs operating during *.ne day for less than five hours). This subitem is not required for preschoolers in programs operating for less than five hours per day if rest is not indicated as part of the center's child care program; (4) two square feet of wall or bulletin board display apace per child one-half at child's eye level): (5) one partially enclosed space equipped for quiet activity per group: and child. (6) one linear foot of open shelving per child; (7) 20 linear inches of child sixe table edge per B. Program equipment and sisterials: (1) arts and crafts supplies, such as clay or playdough. tesq>era or fingerpaints. white or colored paper, paste# collage materials# paint brushes, washable felt type surkers# crayons, scissors, and smocks; (2) two books per child; (3) 48 large building blocks per group; (4) 200 small building blocks per group; (5) five pieces of drasutic play equipment or sets of Montessorl Practical Life equipment per group; (6) materials and accessories required for subitem (S) to «.;arry out the theme of the activity; (7) one double easel per group; (8) three pieces of durable# indoor# largo muscle equipment per group; (9) three pieces of dureble# outdoor# large muscle equipment per group; (10) one mirror# at least 12 inches by 38 inches# made of Plexiglas or a similar plastic or safety glass# per group; (11) one music source such as a tape recorder or record player per group and music selections appropriate for the source; (12) one set of eeg.>itive developmental equi^Mnt and materials# such as pussies and numiMr and letter games# per child; (13) two sets of manipulative equipment, such as interlocki.tg plastic forms# per child; (14) pictures at child's eye level# mobiles, and other items as needed to create a plaaaaat environment and provide sensory stimulation; and (15) one rhythm instrument per child. C. 8uppliest (1) an adequate amunt of facial tiasut; and (2) an adequate aaount of single service t owe-s; (3) an adequate aaount of liquid hand soap. and child. Subp. 6. Equipaent and materials for school age children. A. Furnishings: (1) one area rug or carpet per group; two square feet of wall or bulletin board display space per child; (3) one nonfolding child size chair per child; (4) one partially enclosed space equipped forquiet activity per group; ' (5) one linear foot of open shelving per child; (€) 20 linear inches of table edge space per B. Program equipment and materials: (1) arte and crafts supplies, auch as clay or playdoughf tempera or fingerpaints, white or colored paper, paste, collage materials, paint brushes, felt type markers, crayons, and aelaaors; (2) two books per child; „ ^ _ (3) three sets of dramatic play equipment or Bontessorl Practical Life area equipment per group; (4) materials and accessories for subitem (3) as required to carry out the theme of the activity; (5) one music source such as a tape recorder or record player per group and music selections appropriate for the source; (C) five musical or rhythm instruments per group; (7) three pieces of durable, outdoor, large muscle equipment per group; (•) pictures at child's level, mobiles, and other items as needed to create a pleasant environment and provide sensory stimulation; (f) one set of cognitive developmental equipment and materials, such as pussies and games, per child; (30) five sets of manipulative equipment, such as iaterlocking plastic forms, pec group; and (11) ten pieces of sports or recreational o^3pment, such as bats, bails, taoo|M, and jump ropes, per group. C. Supplies: (1) an adequate amount of facial tissue; (2) an adequate ar«sunt of single service towels; and (3) an adequate a.nour.t of liquid r.ard soap. MS s 245A.02 subd 10; 24SA.39 sabd 1; 252.23 subd 2 13 SR 173 9503.0065 CHILD CARE TOR CHILDREN WITH SPECIAL .S’EEDS. Subpare 1. Daflnieion. "Child with special needs'* for purposes of this part means a child at least six weexs old but younger than 13 years old who: A. has mental retardation or a related condition as defined in parts 9525.0015 to 9S2S.0165 and has an individual service plan specifying child care to be provided by the center; B. has been identified by the local school district as a handicapped child as specified in Minnesota Statutes, section 120.03. subdivision 1. and has an individuai education plan specifying child care to be provided by the center according to Minnesota Statutes, section 120.17. subdivision 2; or C. has been determined by a licensed physician, psyehiatristr licensed psychologist, or licensed consulting psychologist as having a special need relating to physical, social, or eswtional development. Subp. 2. Report to parent. The license holder must inform the parent of any diagnosed or identified special need of a child that was not reported by the parent at the time of admission. Subp. 3. Zndlvldaal child care program plan. When a licenae holder admits a .'hild with rpecial needa. the license holder must ensure that an individual child care program plan is developed to meet the child's individual needs. The individual child cars program plan muse be in writing and specify methods of implementation and be reviewed and followed by all staff who interact with the child. If the child has mental retardation or a related condition as specified in subpart 1. item A. then the individual child care plan must be coordinated with the child's individual aervlce plan developed under parts 9S29.0019 to 9925.0165. If the child has a handicap as specified in aubpart 1. item B. then the Individual child care plan must be coordinated with the child's individual education plan developed under Minnesota Statutes, section 120.17. If the child has a special need determined under subpart 1. item C* the individual child care plan must be coordinated with reports from the licensed physician, licensed psychiatrist, lieenaed psychologist, or licensed consulting psychologist. The individual child care plan must be evaluated at least annually by the licensed physician, licensed psychiatrist, licensed psychologist, or licensed consulting psychologist and with the child's parent to determine if the needs of th* child are being It. •ubp. 4. Berviee ooatraetm. The license holder must have copies of all service eontraeta with the center for care or eervices provided under parts 9525.0015 to 9525.0165 and Minnesota Statutes, section 120.17. when the care or service is provided to a child while at the center. Subp. 5. Additional staff* staff qualifications, or traiaiog. The license bolder must ensure that any additional staff, staff qualifications, or training required by the child's individual child care plan in subpart 3 are prcviced. MS s 245A.02 subd 10; 245A.09 suod 1; 252.23 suod 2 13 SR 173 9503.0070 NXGB7 CAR£ PROGRAM. Subpart 1. Applicability. A license holder operating a night care program must comply with this part as well as with all other requirements of parts 9503.0005 to 9503.0170. Subp. 2. Purnisbings. Each child enrolled in a night care program must be provided with a crib> a bed. or a cot with a mattress. A crib and two sets of clean linens must be provided for each infant and meet the standards specified in part 9503.0050. A bed or a cot with a mattress, two sets of sheets, a blanket or quilt, and personal towels and washcloths oust be provided for each child in all other age categories. Subp. 3. Garments for sleeping. The license holder must ensure that all children are put to bed in garments for sleeping as designated by the child's parent. Subp. 4. Personal effects. The license holder must ensure that all children have the personal effects needed to clean up and prepare for sleep. The effects must include an individual wash cloth, towel, toothbrush, toothpaste, and liquid hand soap. Subp. 5. Neals and snacks. The license holder must ensure that a child who will be present in the center between 6;00 p.a. and 7i00 p.a. has had or will be provided with an evening meal. A bedtime snack must be available for all children in attendance. Eating times and schedules for the individual child oust be consistent with patterns established in consultation with the child's parents. Subp. f. Staffing. At least two staff persons, one of whom must qualify as a teacher under part 9503.0032. must be present in the center at all times during the hours the night program is in operation. Nhen mere than 10 percent of the children present are asleep, the remaining staff persons needed meet the required staff to child ratio must have at least the qualifications of a child care aide. Program staff must be awake and dressed and provide supervision to children who are sleeping. Subp. 7. Nash up aasistanee. The license holder must ensure that children have the opportunity to wash up and cleanse their teeth before bedtime and be assisted by program staff whennecessary. Subp. t. Privacy. To ensure privacy, school age boys and girls must be separated during bedtime washing and changing activities. Subp. 9. the center Zhfaats. Infants must have a sleep area separate 's play and activity areaa. Subp. 10. Bedtime. A child's bedtime must be scheduled in consultation with the child's parent. Subp. 11. Light. In roems used for sleep during children's bedtime, light must be reduced to no less t footeandle.than one Subp. 12. Program emphasis. A license holder operating a night care program must comply with the child care program standards in part 9503.0049. Kowever. the child care prograr plan must emphasise quiet activities. Subp. 13. Exceptions. Tbe outdoor activi / area, outdoor activities, and outdoor equipment required by part 9503.0060 ior c.^ildrer. enrolled in a nignt care prcgra.*n need not oe provided. MS s 245A.02 subd 10; 24SA.09 subd 1: 252.28 subd 2 13 SR 173 9503.0075 DROP XN PROGRAM. A license holder operating a drop in progran oust comply with parts 9503.0005 to 9503.0170 with the following exceptions: A. Drop in programs do not have to provide parent conferences as specified in part 9503.0090, subpart 2, item B. B. An immunisation record as specified In part 9503.0140, subpart 5, must be obtained by the license holder by the first visit to the program. However', the health information specified in part 9503.014C. suopart 3, need not be provided until the child's second visit to the program. C. The outdoor activity area, outdoor act'vities, and outdoor equipment required in part 9503.0060 need not be provided. Indoor space for vigorous large muscle activity must be accessible to children on a daily basis. D. The intellectual, physical, social, and emotional progress of each child as specified in part 9503.0045, item H, need not be provided. E. Fifty percent of the cots and mats specified in part 9503.0060, subpart 4, item A, subitem (5) fcr toddlers and subpart 5, item A, subitem (3) for preschoolers are required. NS s 345A.03 subd 10; 24SA.09 subd 1; 252.38 subd 2 13 8R 173 9503.0080 EZCL08ION OF 8ICX C8XL0REM. A Child with any of the following conditions or behaviors is a sick child and must be excluded from a center net licensed to operate a sick care program. If the child becomes sick while at the center, thr child must be Isolated .from.other, children ii* care and the parent, called immediately. A sick child must be supervised at all times. Tbe license holder must exclude a child: A. with a report$bi.e illness or condition as specified in part 4605.7040 that the commissioner of health determines to be contagious and a physician determines has not had sufficient treatment to redwre the health risk to others; B. with chicken pox until the child is cc longer infectious or until the lesions are crueted over; that day; C. who has vomited two or Mre times since admission 0. who has had three or more abnormally loose stools since admission that day; t. who has contagious conjunctivitis or pus draining from the eye: F. who has a bacterial infection such as streptococcal pharyngitis or impetigo and has not completed 24 hours of antimicrobial therapy; C. who has unexplained lethargy? B. who has lice, ringwora, or scabies that is untreated and contagious to others; I. who has a 100 degree Fahrenheit axillary or higher temperature of undiagnosed origin before fever reducing medication is given; J. who has an undiagnosed rash or a rash attributable to a contagious illness or condition; K. who has significant respiratory distress; L. who is not able to participate in child care program activities with raasopable comfort; or M. who requires more care than the program staff can provide without compromising the health and safety of other children in care. MS s 245A.02 subd 10; 245A.09 subd 1; 2S2.29 subd 2 13 SK 173 9503.0085 SXCK CAM PAOCRAM. Subpart 1. Lieenaure of sick care programs. Xf a license holder chooses to care for a aiek child* then the license holder must operate a sick care program that complies with the standards specified by this part and with all ether applicable provisions of parts 9903.0005 to 9503.0170* and any standards of the commiseioner.of health governing the group care of children. A sick care program may be operated within a center licensed to operate a day pr'w' « drop in program* or a night program or may operate to pro .de child care esclusively to sick children. Subp. 2. laelew of a«lmioalen and hoalth policies and praetieoa. At the time of initial license application* after the first sis months of initial operation* and annually after that time* a sick care program's admission policies must be reviewed and approved by a licensed physician with a spocialisation in pediatric care. The physician's review must include conaultatien with the licensed registered nurse or physician responsible for admissions. A report of the phveieian's findings must be seat to the eommiaaioner with the initial application for licensure* and subsequent reports must be placed in the center's administrative record. The license holder operating a sick cars program su;st ensure that the program's health policies and practices are reviewed quarteriv by a health consultant and that the health consultant's findings are sent to the cosaiissioner after each review. Subp. 3. Bvalnatioe of m sick child. A license holder who operates a sick care program wet provide for the evaluation of the condition of a sick child before admitting the child to the center. The evaluation oust be based on the physical symptoms of ths child each day of admission* the probable contagion and risk CO the health of others pressnt* and the ability of the program to provide the care the child requires. A physician or registered nurse affiliated with the center must perform the evaluations specified in items A to C. A. A preiiminary evaluation auat be made before the parent brings the child to the eeneer. The preliainary evaluation must consist of the parent's reporting the child'a symptcoM to the center's physician or registered nurse by pncne. tne pfiysician or registered nurse .t.js: tell tr.e parent wnetner tne parent may bring the cnild to tr.e center for furtner evaluation. Cf.ildren witft a conutunicable reportaole i.*ness or condition as specified in part 4605.7040 must be evaluated oy a physician prior to adaission to tne center. B. The physician or registered nurse must do a physical assessment of the child and obtain a health history from the parent when the child is brought to the center. C. The H#cision of the physician or registered nurse not to admit the child for care is final. Subp. 3a. Illness separation. Children recovering from a noncontagious condition must be cared for in a room separate from children with contagious conditions. Subp. 4. Chicken pos. Children with chicken pox must be excluded from any child care program, including a sick care program, unless care is provided in a room that is separate from ocher parts of the facility and has its own air circulation system and street entrance. Subp. 5. Gestrointestinal illness. Children with gastrointestinal illness must be at least two years old to be in a sick care program and must be cared for in a separate room used exclusively for the care of gastrointestinal illness. Subp. 6. Information to parents. A summary of the sick care program's health cars policies and practices and the center's procedures for notification of parents in the event of an emergency must be given to the parent at the time a child is admitted. Subp. 7. Parent conference exception. Centers licenseo to provide child care exclusively to sick children need not provide parent conferences as specified in part 9S03.0090. subpart 2. item B. Subp. S. Child care program emphasis. A sick care program must meet the child care program plan standards in part 9503.004S. However, the child care program plan for the care of sick children must emphasise quiet activities. Subp. 9. Croup sise and age eatevory grouping exceptions. The maximum group sixes specified In part 9503.0040. subpart .1. and the age category grouping restrictions in part 9503.0040. subpart 3. are not required except that there must be no more than IS children in care in a room at the same time and the provisions in subparts 5 and 14 apply. Subp. 10. Additional staff to child ratios and staff distribution requirements. A one to four staff to child ratio must be naintained at all times in a room used to care for sick children. At least two staff persons must be present in a canter operating a sick care program whenever sick children are in care. The first staff pet son must be a nurse registered by the Board of Nursing to practice professional nursing who also meets the qualifications in part 9503.0030. subpait 2. The second staff person must neet the qualifications for a teacher in part 9503.0032. The renaining staff persons aust at least meet the qualifications and follow the staff distribution pattern specified in part 9503.0040. Subp. 11. Limitatioc on staff assignment. Staff oust not care for well children or prepare food for well children on the day they care for sick children. Staff caring for sick Children must not enter the kitchen used to prepare food for well Children. Su^. 12. rood preparation. Food provided by the license holder and prepared at the center siust be preoared in a r separate from rooms where sick care is provided and must ocm oe delivered to each s.'k care room in individual servings anc in covered containers Procedures for preparing, handling, and serving food and «. ->ing food, utensils, and equipment oust comply with the n .rements in parts 4625.2400 to 4625.5000. Subp. 13. Kenus. Menus for sick children must be modified to meet the individual needs of the child. Subp. 14. Additional facility requirements. A license holder o^rating a sick care program must provide: A. a room or rooms that are exclusively used to care for sick children and that are not used at any time for any other child care purpose: and B. toilets and hand sinks that are within or immediately adjacent to the room or rooms used for sick care and arc not used by well children in care. Subp. IS. Outdoor actiwity area# activities and equipment exception. A license holder operating a sick care program that provides care exclusively to sick children need not provide the outdoor activity area required in part 9503.0115, subpart 7: outdoor activities as specified in part 9503.0045, subpart 1, item X) and the outdoor equipment required in part 9503.0060, subpart 4, item B# subitem (9): subpart 5, item B, subitem (9); and subpart 6# item B# subitems (7) and (11). Subp. 16. Oisiafeetion. Nalls and floors in rooms where sick care is provided and all linens# furnishings, objects, and equipment used by sick children must be cleaned and disinfected at least daily and as needed. Subp. 17. Limoma and changes of clothing. All linens used by a sick child must be washed after each use# and each child must be in clean clothing at all times. Subp. IS. Additional equipment. Each sick child must be provided with a crib# bed# or cot# two sheets, a pill*. *• a pillowcase# and a blanket or quilt. NS s 34SA.02 subd 10: 24SA.09 subd 1: 252.21 subd 2 13 SB 173 9503.0090 imOlUIATXOM rOB BABfifTS. Subpart 1. Policies given to parents. At the time of a child's snrollmene# the parent must be provided with written notification of that A. ages and nuaibers of children the csnter is licensed to serve: B. hours and days of operation: C. child care program options the center is licensed to operate# including a description of the program's educational methods and religious# political# or philosophical basis, if any# and how parents may review the center's child care program plan: canter's policy on parent conferencss and notification to a parent of a child's 0. .0 social. and itional development: intellectual, physical# C. type and level of liability insurance coverage held by the license holder for the canter and for all vehicles owned and operated by tne licenie holder for the trar.sportatron of Children; F. center's policy requiring a health care suntnary and ioununizacion record of a child; G. policies and procedures for the care of child:.et. who become sictc at Che center and parenc notification practices for the onset of or exposure to a contagious illness or condition or when there is an emergency or injury requiring medical attention; B. center's policies and procedures for administering first aid and sources of cars to be used in case of emergencies; Z. center's policies on the administration of medicine and permission requirement for the administration of ipecac syrup; J. procedures for obtaining written parental permission for field trips; R. procedures for obtaining written parental permission before each occasion of research, experimental procedure, or public relations activity involving a child; snacks } L. centsr's policies on the provision of meals and center's behavior guidance policies andM. procedures; N. presence of pets; O. center's policy that parents of enrolled children may visit the center any time during the uours of operation; and p, telephone number of the Department of Buun Services, Division of Licensing. Subp. 2. Parent conferences and dally reports. The license holder amst ensure chat the parent of a child is informed of the child's progress. The license holder must ensure that; A. a preenrollaent conference is held betwaen the parent and a program staff person}* B. individual parent conferences are planned and offered by program staff at least twice a year; C. documentation is made in the child's record chat individual parent conferences were planned and offered; D. the status of the child's intellectual, physical, social, and emotional development is reported to the parent during the conference; and C. daily written reports are made to the parent of an infant or toddler about tne child's food intake, elimination, sleeping patterns, and general behavior. MS S 24SA.02 subd 10; 24SA.09 subd 1; 2S2.28 SUbd 2 13 SR 173 9S03.fl099 PARDIT giSZTATIOH. Parents of enrolled childrsn nay visit the center any tii during the hours of operation. h'4 MS s 245A.02 subd 10; 245A.09 Rubd 1; 252.28 subd 2 13 SR 17:i 9503.0100 PARTICIPATION IN FIELD TRIPS. Th» lictnac holdtr mutt anaura t.hat wricten parmisa*on child’a parant ba£ora talcing a^hild on a^ ^ parmiaaion form muae ba obtained baforeaach flald tr..p or on a form that annually autranarirea all fiaid ttip. t».t wiU b. TB. p.r.Bt'. wiittiTp^IMlon bh. p.r.nt h«. b.«n in£orm.d of CB. purpo*. .nd daatination of tba flald trip. * «no 5^*^^ trips# staff must taka amargancy phona numbara for tha child a parant and tha parsons to ba callad if a parant and'*a^firat*aid*kit**’* *’*'®"* child's physician, MS a 24SA.02 subd 10; 24SA.09 subd 1; 252.28 subd 2 13 SR 173 9S03.010S RESEARGB AND PUBLIC RELATIONS PERMISSION. ***• holder must ansura that writtan parmiaaion isobtainad from a parant bafora a child ia involved in research or public relations activity involving a child while at the canter. A separata written permission form bafora asch occasion of asparimencal research or public relations activity or on a form that annually 5**«*rch and public relations activities that ^ “Martakan. The permission form oust ba maintained in Galia 8 t8COfda NS S 245A.02 subd lOl 245A.09 SUbd 1; 252.28 subd 2 13 SR 173 9903.0110 IMEBCPIClf AND ACCIOCR POLICIES AND RECORDS. Subpart 1. Pollciaa sad raeords. Tha applicant amst amargancias, accidents, and i“2“***f* holder most ensure that written records about ineidants, amargancias, accidents, and injuries that have occurred. . — JMRhruction record. Tha license holder must keepa record of instruction to all staff parsons and, whan appropriate, to children and parents, about how to carry out tha poxaCX88 a Subp. 3. Policy content. Tha policies must contain; A. Procedures for administering first aid. . SA^sty rules to follow ia avoiding injuries, burns, poisoning, choking, suffocstion, and traffic and pedestrian accidents. hatards.C. Procedures for tha daily inspection of potential - Procedures for fire pravancicn and procedures to follow in the event of a fire. Pira procedures must: ^ . U) ssndate monthly fire drills and • log ofdrill tiaes and dates; (2) identify primary and seccndary exits, building evacuation routes, tbe pfione nur.oer of tne fire department, persons responsiole for tne evacuation of cr.ildren, and areas for wnicn they arc responsible: (3) contain instruction on how to use a fire extinguisher and how to close off the fire area; and (4) provide for tne training of staff persons to carry out the fire procedures. E. Procedures to follow in the event of a blizzard, tornado, or other natural disaster that include the location of emergency shelter, procedures for monthly tornado drills from April to September, and a log of times and dates showing that the drills were held. r. Procedures to follow when a child is missing. G. Procedures to follow if an unauthorized person or a person who is incapacitated or suspec td of abuse attempts to pics up a child or if no one comes to pick up a child. H. Sources of emergency medical care. X. Procedures for recording accidents, injuries, and incidents involving a child enrolled in the center, a staff person, or a visitor. The written record must contain the name and age of tthe persons involved: date and place of the accident, injury, or .incident} type of injury} action taken by staff: and to whom the accident, injury, or incident was reported. J. Procedures mandating a semiannual analysis of the record in item I and any modification of the center s policies baaed on the analysis. Subp 4. Reeorda. The following records must be I. ntained in the center's administrative record: A. the procedures specified in subpart 3} ■. a log of fire and tornado drills} and C. a written record of accidents, injuries, eurgeneies, and incidents. NS S 24SA.03 subd lOi 34SA.09 SUbd 1; 252.28 Subd 2 13 SA 173 9503.0115 CENTER ADNXMXSTAATXVK RECORDS. The records required by this part must be maintained within the center and be ava,.lable for inspection at the request of the commissioner. The license holder must ensure that the following are maintained: A.a ri specified in part ■ .tht C.ttm 9503.0125} D.tha 9503.0045} E.tha records specified D. the child care program plan specified in part -i 9503.004o/’ distribution sc.^iedule specified in part ... G. * list of reportable, ccoanunicable diseases asdefinec part 4605.704O; »«»es as B. the separation reports siandatcd in part 9503.0QS5; P«t 9503.5l4o “:n"^“ J. a record for each consultant whose services the •ither by contracting directly with the individual or by contracting for the person's services with another organisation. The record must contain a copy of a signed contract or latter of appointment specifying conditicns and terms of employment and documentation that the person under contract meets any licensure, registration, or certification requirements required to perform the services specified in the contract e MS s 24SA.02 eubd 10; 24SA.09 Subd 1; 252.28 subd 2 13 SR 173 9503.0120 PERSONNEL RECORDS. The license holder must ensure that a personnel record for t' J*** person's name, home address, hometelephone number, and date of birth; an emergen^; t«l«Phone number of a person to be notified in C. the staff person'a job description; documentation that the staff person has completed the applicant background study required in part 9503.0025; .. y* y*^,*^?* person's application, resume, and parson meets the the staff person's job description and the «S “5JS i« i-tt. fcu- documentation that the staff person has completed aubpart*!;*^^"" required in part 9503.0035/ oerson »'*»•« aPPlicable, that the staff iJd^!i?Ld®ulL number of hours collated,and utHod tta#d to dociiMnt nastory of tha aubjoct; , .doctimentation of procedures for and comoletion of loeJifiJitio!!^)t#^I*" y*** ataff person's work and •oaci“*cation of in service training needs; and terminatioii documentation of any disciplinary action including oarsonilli^jnsy!! disclose a staff person'spersonnel record to any peraon other than the staff^raon, the staff person's legal representative, the staff person's supervisor, or en-.plcyeea of the .icense holier ces:gr.«:ei sy tne License holder to r.aintain personnel records, and tne ccnsaissioner, unless tne staff person has given written consent or as otherwise required by law. MS s 24SA.02 subd 10; 24SA.09 subd I; 252.28 subd 2 13 SR 173 9503.0125 CElLDRfN'S RSCCROS. At the time of enrollment in the center, the license holder oust ensure that a record is maintained on each child. The record must contain: aodresa; A. the child's full name, birthdate, and current home B. the name, address, and telephone number of the child's parent; C. instructions on how the parent can be reached when the child is attending the center; 0. the names and telephone numbers of any persons authorised to take the child from the center; C. the naaesr addresses, and telephone numbers of the child's source of regular medical and dental care and the source of medical and dental care to be used in case of an emergency; r. the names* addresses, and telephone numbers of two persona to be contacted if a parent cannot be reached in an emergency or when there is an injury requiring medical attention; C. the health form and immunisation information required by part 9503.0140; H. written authorisation for the license holder to act in an emergency, or when a parent cannot be reached or is delayed; X. written authorisation, if granted, for the license hplder to administer ipecac syrup according to part 9503.0140; J. the hours and days of the week the child will attend the center; 1. for children age six weeks to 3< months, a description of the child's eating, sleeping, toileting, and communication habits, and effective SMthods for comforting the child) the child) L. documentation of any dietary or medical needs of N. documentation of any individual child care program needs for the child; end N. the date of parent conferences and a summary of the information provided to the parent at the conference. *nie license holder shall not disclose a child's record any person other than the child, the child's parent or guard the child's legal representative, employees of the license holder, and the commissioner unless the child's parent or guardian has given written consent or as otherwise required by law. MS s 24Sn.02 subd 10; 24SA.09 subd 1; 252.28 subd 2 13 SR 173 9503.0130 REPORTING. in Minnoot* SCacutts, itction 626.556. cenctr;A. 24 hour* of tht death of a child in car* in the injury to a child in care in eh* centtr that r*quir*d tr*ata*nt by a physician^ D» 24 hour* of th* u** of any *s*rg*ncy medical **rvic* by a child whil* in car*. *ttbp. 3. Animal bit**. Th* lic*n** hold*r au*t inform th* eommi**ion*r of h*alth according to part 460S.7600. and th* child'* parent, whenever a child i* bittw by an animal •Reified in that part while in th* car* of th* ixctns^ bolder* dl***a*. The licene* holder mu*t report to the eommiaaioner ot health auapeeted ea*e* of reportable diaeas* according to part* 4609.7000 to 4609.7800 US * 249A.02 *ubd 10; 249A.09 *ubd 1; 292.28 *ubd 2 13 fS 173 9903.0140 BALTl. fubpart 1. Wealth {nliciea. The lieen** holder muet develop written health polieie* approved the.comaieeloner andmuet enaur* that they are carried out. *»w*on*r ano with iJJlilaSSS Sr‘*i!itUl®UciSi5Jj\id"IISitid*ll5lJr*’* thereafter. Additionally, th* license holder muat reouest a and practice* irth!rriri^J?JpSj*d**c»uI!JJ*in*thrcMt*r'i*"^** health polieie* or practice* or an outbreak of contagious reportable illnes* a* specified in part 4609.7040. a copy of the conoulteat** findings must be placed in the center's*^^ administrative record. Th* consultant mat reviewt . ^ 1^* bid safety policies and procedure*required by part 9903.0110, aubpert 3, item* a, b, and c. B. The diapering procedure* and practice* specified in subpart 12. C. The sanitation procedures and practices lor food not prepared by or provided by the license holder as specified in part 9503.014S, subpart 3. and for infants as specified in part 9503.0145, fubpart 7. Subp. 3. Health infomatiOD at adaiasion. Before a child it admitted to a center or within 30 days of adaission, the license holder must obtain a report on a current physical examination of the child signed by the child's source of aedical care. Subp. 4. Reexamination. For children already admitted to the center, the license holder shall obtain an upda.ed report of physical examination signed by the child's source of medical care at least annually for children under 24 months of age, and whenever a child 24 .months or older advances to an older age category. Subp. 5. ImmunisationsWhen a child is enrolled in the center, the license holder must obtain documentation of current immunization according to Minnesota Statutes, section 123.70, a signed notarized statement of parental objection to the immunization, or a Mdical exemption. Subp. 6. Notice about a sick child. Notices about the illness or condition of a child must be given as required in itema A to Dt A. The license holder must ensure that a parent is notified immediately when the parent's child becomes sicit at the canter. I. The license bolder must require a parent to inform the center within 24 hours, exclusive of weekends and holidays, when a child is diagnosed by e child's source of medical or dental care as having a contagious reportable disease specified in part 4605.7040, or lice, scahiee, impetigo, ringworm, or chicken pox. C. The license holder must post or give a notice to the parents of exposed children the same day a parent notifies the center of a child's illness or condition listed in item B. 0. The license holder must ensure that the health authority is notified of any suspected case of reportable diseaae as specified in pert 4605.7040 within 24 hours of receiving the parent's report. iubp. 7. Administretiea of medicine. A license holder who chooses to administer medicine must ensure that the procedures in items A to E are followed. A. The license holder must gat written permission from the child's parent before administering medicine, diapering products, sunseroeo lotions, and insect repellents. Monprescription medicines, diapering produces, sunscreen lotions, and insect repellents must be administered according to the manufacturer's instructions unless there are written instructions for their use provided by a licensed physician or dentist. B. The license holder must get and follow written instructions frosi a licensed physician or dentist before administering each preacriotioa modicioe. Medicine with the child's name and current prescription information on the label constitutes instructions. C. All nedieine must be kept in Its original container and have a legible label stating the child's (U»e. The nedicine^mus: be qi- i only to the child wr.cse nar.e is on the label. *he raedicinf .ust not oe after an expiration dace on libel, and ar.y unused portion c.ust be returned to the child s parent or destroyed. The license holder r.usc ensure that the adoiniatracion of medicine is recorded and give the name of the child, name of the medication or prescription number, date, time, dosage, and the name and signature of the person who dispensed the medicine. The record oust be available to the parent and maintained in the child's record. D. Sunscreen lotions and insect repellents supplied by the license holder may be used on more chan one child. A product to control or prevent diaper rash, including prMoistened cosoMreial wipes that cannot be dispensed in a manner that prevents cross contamination of the product and container as determined by the health consultant, must be labeled with the child's name and used only for the individual child whose name is written on the label. E. Medicines, insect repellents, sunscreen lotions, and diaper rash control prc4ducts must be stored according to directions on the original container and so that they are inaccessible to children. Subp. 8. Honaaoking. A center must comply with the Minnesota Clean Indoor Air Act in Minnesota Statutes, sections 144.411 to 144.417r and Minnesota Rules, chapter 4620. Subp. 9. Cleenlineee. The indoor and outdoor space and cquipunt of the center oust be clean. Subp. 10. **oilet facilities. The toilet rooms of the center must be cleaned daily. Toilet training chairs must be emptied, washed with soap and water, and disinfected after each use. Toilets and seats must be washed with soap and water and disinfected when aoilad or at least daily. Subp. 11. Olsper chaagiag ares. A diaper must be changed only in the diaper changing area. The diaper changing area must be separate from araae used for food storage, food preparation, and eating. The area must have a hand sink equipped with hoe and cold running water within three feet of the diaper changing aurfiea, a smooth neoabaorbent diaper changing surface srd floor covet ii^, and a container operated by a foot pedal for sciled and wet diapers. Subp. 12. Diaper changing procedures. The center must have and follow diaper changing procedures that have been developed in cenaultatioa with a health consultant. The Ucense bolder auat post the diaper changing procedures in the diaper changing area: Subp. 13. Mend weabiogt child. A chile's hands must be washed with soap and water after a diaper change, after use of a toilet or toilet training chair, and before eating a meal or snack. Staff must monitor band washing and assise a child who needs help. The use of a common basin or a hand sink filled with standing water is prohibited. Subp. 14. Band wsshingt staff person. A staff person muse wash hie or her hands with soap and water after changing a child's diaper, after using toilet facilities, and before hailing food or eating. Subp. IS. Toilet articles. The license holder shall provide the following supplies and make them aeccsaible to childrens toilet paper, liquid hand soap, facial tissues, and single use paper towels er warm air hand dryers. Subp. 16. first aid kit. The license holder must ensure that a first aid kit is avail***le within the center. The kit must contain sterile bandages and band-aids, sterile csT.presses, ipecac syrup, scissors, an ice bag or cold ?ac<, an cral or surface tfterr.crr.eter, and adhesive tape. A current first aid manual must be included. The first aid kit and .-aanual must be accessible-to tne staff in the center and taken on fie*d trips. The ipecac syrup must be labeled with instructions to call and number for the local poison control center. The license holder mult ensure that Ipecac syrup is administered according to t.he instructions of the poison control center. Subp. 17. Basardoua objects. Sharp objects, medicines, pl^ftic bags, and poisonous plants and chemicals, including household supplies, must be stored out of reach of children. Subp. 18. Itergency equipoent. The center oust have a battery operated flashlight and battery operated portable radio. Subp. 19. Conditloo of equipaent and furniture. Equipoent and furniture oust be durable, in good repair, structurally sound and stable following assembly and installation. Equipment oust be free of sharp edges, dangerous protrusions, points wnere a child’s estremitles could be pinched or crushed, and openings or angles that could trap part of a child's body. Tables, chairs, and other furniture oust be appropriate to the age and else of children who use them. Toys and equipoent that are likely to be mouthed by infants and toddlers oust be aade of a material that can be disinfected. These must be cleaned and disinfected when mouthed or soiled and at least daily. Infant rattles must meet the United States consumer product safety standards contained in the Code of Federal Regulations, title 16, sections 1510.1 to 1510.4, as adopted on May 23, 1978. All toys and other articles intended for use by children under three years of age that present choking, aspiration, or ingestion hasards becausa of small parts must meet the standards in Code of Federal' Regulations, title 16, sections 1501.1 to 1501.5, as adopted on Juqe 15, 1979. Subp. 20. Naintenaaee of areas used by children. The areas used by children must be free from debris, f-aking, floor and be free from tears, curled or frayed edges, and hasardous wrinslas. Subp. 21. Smergeselee. The license holder must ensure that written procedures for emergencies and accidents are posted in a visible place. The procedures must: A. B. identify persona responsible for each area; identify primary and secondary esits; C. identify a tornado shelter areat 0. identify building evecuation routes; B. describe hoe to use a fire estinguisher and close off the firs aras} and F... list the phone numbers and sources of sMrgency medical and dental cars, poison control center, fire department, health authority, and licensing division of the Department of Human Services. codes. MS s 24SA.02 subd 10; 245A.09 subd 1; 252.28 suad 2 13 SR 173 9503.0145 rOOO AND WATER. Subp«rt 1. Pood. The license holder must see chac seals and supplemental snacus are available. Bag lunches provided by the parent are acceptable as specified in subpart 4. Subp. 2. Menus. WTien food is provided by the license holder* menus must be planned on a monthly basis and posted in a conspicuous place where t.hey can be reviewed by parents. A sample menu oust be provided to parents at the time of adoissibR. Menus must comply with the nutritional requirements of the United States Department of Agriculture* Food and Nutrition Service* Cod-* of Federal Regulations, title 7* section 226.20. Subp. 3. Sanitation. Procedures for preparing, handling, and serving food, and washing food, utensils, and equipment must comply with the requirements for food and beverage establishments in parts 4625.2400 to 4625.5000. If the food is prepared off site by another facility or if food service is provided according to a contract with a food service provider, the facility or license holder must ensure that food is prepared in corpliance with parts 4625.2400 to 4625.5000. The license holder must provide refrigeration for dairy products and other perishable foods* whether supplied by the license holder or supplied by the parent. The refrigeration must have a temperature of 40 degrees Fahrenheit or less. Tables and bighebair trays used for meals must be washed with soap and water before and after each use. fubp. 4. Hmals and snacks. Each meal must provide one*thlrd of the child's daily nutritional needs as specified by the United ftates Department of Agriculture* food and Nutrition Service* ..n Code of Federal Regulations* title 7* section 236.20. The license holder must provide or ensure the availability of: A. a snack for a child in attendance for more than two hours* but fever than five hoursi S. one meal and two snacks or two meals and one snack for a child in attendance five to ten hours unless four or more of these hours are spent in sleepi C. a minimum of two meals and two snacks for a child ih attendance more than tan hours unless four or more of these hours are spent in sleep; and 0. program staff who are seated with the children during meal and snack times. Subp. 5. Frescribed diet needs. The license holder must provide for a child's dietary needs prescribed by the child's source of medical care or retire the parent to provide the prescribed diet itna that are net part of the menu plan approved in subpart 3. A license holder serving a child who has a prescribed diet muat keep the diet order and its duration ■P^ifirnd in the child's record. All staff designated to provide care to the child must be informed of the diet order. Subp. 6. food allergy informetioa. Information about food allergies of the children in the center must be available in the area where food is prepared or served to children with allergies. All staff providing care to the child must be informed of the allergy. Sabp. 7. Infant diets. T.ne diet of an infant r.ust be detersined by tb.e infant's parent. Tne license nclder nust ensure that sanitary procedures and practices are used to pfepare# handle* and store foraiula* nilic* breast silk* solid foods, and suppleaents. Procedures must be reviewed and certified by a health consultant. A center serving infants .murt: A. obtain written dietary instructions from the parent of the child: B. have the infant's feeding schedule available in the food prcpa,:ation area; C. jffer the chi-u formula or milk and nutritionally adequate solid foods ;.n prescribed quantities at specified time intervals: and 0. label each child's bottle. Subp. B. water. The center aus» have a safe water supply. A center that us water fiom a privately owned well that is not governed 'jy chapter 4720 oust be tested annually by a Minnesota Health Department certified laborat*' y for coliform bacteria and nitrate nitrogens to verify safety. The license holder must ensure that a record of the test results is in the center's administrative record. Any results indicating a level of coliform bacteria and nitrate nitrogen not within the coliform bacteria and nitrate nitrogen levels specified in chapter 4720, mumt be sent to the comaUssioner of health, the Board of Health as defined in Minnesota Statutev, section 145A.02, and the licensing division of the Department of Human Services. The commissioner of healt may issue an advisory order for retesting uM corrective measures. Drinking vatec must be available to children throughout the hours of operation and offered at frequent intervals. water for children must be provided in single service drinkixig cupc or from drinking feuntaine aeeosaible to children. MS s 24SA.02 SUbd 10: 24SA.09 subd 1: 252.28 subd 2 13 SR 173 9503.0150 TRAHSP0HTATX08. A llceree bolder who provides transportation for children or contract*! t,5 provide traneportation must comply with the following transportation policiesi A. The vehicle must be licarsed according to Minnesota Statutes, chapter 168, and comply with the equipment standards in M^udesota Statutes, chapter 169. H. The vehicle must be driven by a person who holds a current Minnesota driver's license appropriate to the vehicle driven. C... Staff ratios must be maintained or all transportation provided on all field trips. 0. When children are ♦' *.ven in a private car or van, a second adult must be present n more than four children under the age of five are being transported. E. When the license bolder provides transportation to and from the center, a second adult must be prese.it in the ve.nlcle and children must not be traraported more than one hour per one>way trip. r. When children are tranaportsd, they mat be 3 Cj-.e age of'four riy be trans^rted •ection*^71°21?^*"** federal Regulations, title 49, MS s 245A.02 subd 10; 246A.09 subd 1; 252.28 aubd 2 13 SR 173 9503.0155 FACILITY. that h.»J*idopt.d°tS’H°S.«“i’stit.“Buildi!I”codJf t»« *'*'* edoptbd the Minnesota State Building Code, S.'licensure must comply with any applicable local ordinancesif the application is an initial one. The not grant an initial license until written compliance with the state building code or local building ordinance, when applicable, has bean received by the cofluuiasioncr froa th# buildin9 official with jurisdiction# ”'*a safety must be corrected cefora a license is issued or renewed. mmM *' Facility floor plan and designated areas. Indoor ^2_r ,* *PPfMention for licensure and the center's Jil?"“***“^**'‘'^“’*"*** S?“iSuirJd!®'Thi*Siw iSlt^^ISir^t. A. dimensions and location of all areas of the center designated for the provision of child care: activity B. planned use of each area; and C. sise and locatioa of areas used for outdoor W*— *• personal storage space. A canter must Jji^rtS’chiiJ.**^" ^ * hi!5ht“JpS?JpKIS"ti the b. sr5cii-.iS*n r*'s;!rL.T Subp. 7. Outdoor activity area. An cutdccr activity area that ccnplies with the following items must be provided or available for all child care programs except tnose licensed to exclusively provide sick care as specified in part ?503.0085* drop in care as specified in part 9503.0075, and those operating for less than three hours a day. A. A center must have an outdoor activity area of at least 1,500 square feet, and there oust be at least 75 square feet of space per child within t.he area at any given time during use. 3, An outdoor activity area used daily by c.nildren under school age must be within 2,000 feet of the center or transportation must be provided by the license holder. In no case, however, shall the outdoor activity area be farther than one~half mile from the center. C. The area must be enclosed if it is located adjacent to a traffic, rail, water, machinery, or other environmental hazard, unless the area is a public park or playground. D. The area must be free of litter, rubbish, toxic materials, water hazard, machinery, animal waste, and sewage contaminants. E. The area must contain the outdoor large muscle equipment required by part 9503.006S. Subp. 8. Telephone; posted numbers. A telephone that is not coin operated auist be located within the center. A list of emergency numbers must be posted nest to the telephone. The 911 emergency number, when svsilsble, must be posted. Xf s 911 emergency number is net svsilsble, the numbers listed must be those o£ the local fire department, police department, emergency^ transportation, and poison control center. Subp. 9. Xadoor spaea. The licensed capacity of the center must be limited by the amount of indoor space. A minimum of 35 square feet of indoor space must be available for each child in attendance, lallways, stairways, closets, utility rooms, lavatories, water closets, kitchens, and space occupied by cribs may not be counted as indoor space. Twenty**five percent of the space occupied by furaiture or equipment used by staff or children may be counted as indoor space. Subp. 10. Shisldinq of hot sarfacos. Radiators, fireplaces, hot pipes, and oenar hot surfaces in areas used oy children must be shielded or 'vsula..jd to prevent burns. Subp. 11. Electrical oatlets. Except in a cente^^ that serves only school age children, electrical outlets must be tamper proof or shielded when not in use. Subp. 13. Hater basards. Bodies of water within or adjacent to the center n-ist be inaccessible to children. When using a pool or beach, children must be supervised at all times. Nhen children use a swimming pool, as defined in chapter 4717, or a beach, an attendant trained in first aid and resuscitation must be present. Any public swimming pool, as defined in chapter 4717, used by children must meet the requiments of chapter 4717. A minimum temperature of 68 intained in indoor areas used bySubp. 13. degrees Fahrenheit must be children. Subp. 14. Sewage dispoeal. Centers auist have sewage disposal systems that conform to chapter 7080 or a local sewage disposal system ordinance. Subp. 15. Hazardous areas. Kitchens, stairs, and otr.er hazardous areas must be inaccessih tc cr.ildren except duri-.c periods of supervised use. Subp. 16. Pira extinguishit inspection. Tire extinguishers must be serviced annually by a qualified inspector. The name of the inspector and date of the inspection must be written on a tag attached to the extinguisher. Subp. 17. Screens. Outside doors and windows used for must be screened to provide protection from insects. Subp. 18. Toilets and hand sinks. Toilets and hand sinks must be provided as specified in items A to H: A. The center must have at least one hand sink and one toilet for each 15 children or portion of 15 children specified in the licensed capacity. One toilet training seat or training chair must be provided for every IS toddlers specified in the licensed capacity. Any hand sink required fer children, other than infants# must be in the toilet area. B. Zn newly constructed centers or those undergoing ujor remodeling to the plusU>ing system# foot or wrist operated sinks must be provided in the diaper changing area. e C. Toilets and hand sinks designated for use by children under school age must be available either on the floor used by the children or on an adjacent floor no sore than eight steps up or down from the floor used by the children. 0. Band sink* for children must r.ot be used for custodial work or food preparation. t. The tes^erature of hot water in the hand sinks used by children snist net exceed 120 degrees Fahrenheit. P. Single service towels or air dryers must be available to dry hands and designed for easy use by the children. 6. Toilets# oinks# faucets# and hand drying devices in the toilet area used by children under schocl age other than infants must be placed at a height appropriate to the ages of the children. 1. Portable steps may be used to meet the requirement in item G for toddlers and preschoolers# if the steps are sturdy and washable. NS s 24SA.02 OUbd lOi 24SA.09 subd 1; 252.28 subd 2 13 SB 173 9503.0170 LZCCMSINC PROOESS. Subpart 1. License required. A person# corporation# partnership# voluntary association# or other organization may not operate a child care program in a center unless licensed by the coasLissioner under parts 9503.0005 to 9503.0170. Subp. 2. Separate licenses. Applicants and license holders wist have a separata licanae for each center where a child care program is provided. Subp. 3. Postitag license. A license holder must post the license in a conspicuous place within the child care center. Subp. 4. Change in license terms. The license holder must apply to the commissioner and a new license must be issued before the lieenat holderi L A. r.oves tMe center to anotner facility; B. cnanges, sells, or transfers cwnersr.ip or responsibility for the operation of the center; C. changes the licensed capacity of the center; 0. changes the ages of children served; or E. changes the child care program options provided by the license holder. Subp. 5. CooBisslonec's right uf access. The conosissioner must be given access to the center# including grounds, doousents, persons served by the child care program, and staff persons in accordance with Minnesota Statutes, section 24SA.04, subdivision 4. Subp. 6. Variances. An applicant or license holder may request a variance to parts 9503.OOOS to 9503.0170 with the exception of those specified’in item 0 if tne request follows the procedures and standards specified in items A, B, and C. A. The request must be made in writing to the commissioner and must specify: requested; (1) the provision for which a variance is (3) the reasons the license holder cannot comply with the provision; (3) the period of time, not to exceed one year, for which the variance has bee.n requested; and (4) the equivalent measures the applicant or license holder will take to ensure the health, safety, or rights of children in care. B. The commissioner may grant a variance if the coasissioner determines that granting the variance would not adversely affect the health, safety, and rights of the children earollod in the center. C. Ztt determining whether a variance request nay be granted, the determination of the commissionei: is final and not subject to appeal. 0. A variance will not be granted froi any law or rule prohibiting the maltreatment of children including but not limited to illegal or unauthorised use of physical, mechanical, or chemical restraint; the illegal or unauthorized use of aversive or deprivation procedures; corporal punishment; and parts 9903.0005, subpart 35 (supervision); 9903.0030, aubpart 3 (disqualification factors); 9903.0040 (staff ratios and group sise); 9503.0050, subpart 3 (eonfinemenr limitation); 9503.0055 (prohibited actions); 9903.0070, subpart < (staffing); 9503.0080 (exclusion of sick children). 9503.OOtS (sick care program); 9503.0130, subparts 1 and 3 (reporting); 9503.0140, subpart 17 (hasardous objects); 9503.0145, subpart 3 (sanitation); 9503.0190 (transportation); and 9903.0155, suoparts 1 (occupancy designation), 3 (fire inspection), and 3 (reinspection for cause). Subp. 7. Correction orders and fines. It the commissioner finds that the license holder does not comply with parts 9503.0009 to 9503.0170, the commissioner msy issue a correction order as sat forth in Minnesota Statutes, section 345A.08, subdivisions 1 and 3. Xf the license holder has not corrected the violation within the time set for correction, the eosmUssioner nay impose a fine under Minnesota Statutes, section 24SA.06, subdivisions 3 to 6. Tines .t.usc be assessed as follows A. The license holder snail forfeit si»000 for each occurrence of violation of law or rule pronibiting the maltreacaent of children, including but not lio.ited to illegal or unauthorised use of physical, mechanical, or chemical restraint; illegal or unauthorised use of aversive or deprivation procedures; corp^oral punishment; and any violation of part 9503.00S5, subpart ?. B. The license holder shall forfeit $200 for each occurrence of a violation of law or rule governing Mtters of health, safety, or supervision, including but not limited to failure to comply with parts 9503.0005, subpart 25 (supervision); 9503.0030, subpart 3 (disqualification factors); 9503.0035, subpart 1 (orientation training); 9503.0040 (staff ratios and group sise); 9503.0050, subpart 3 (confinement limitation); 9503.0070 (night care program), subpart 6 (Staffing); 9503.0080 (exclusion of sick children); 9503.0085 (sick care program); 9503.0125, items A to I (children's records); 9503.0130, subparts 1 and 2 (reporting); 9503,0140 (health); 9503.0145 (food and water); 9503.0150 (transportation); 9503.0155 (facility); and 9503.0170, subparts 4 (change in license terms) a.id 5 (commissioner's right of access). C. The license holder shall forfeit $100 for each occurrence of a violation of parts 9003.0005 to 9503.0170, except thoee specified in iteu k and B. MS s 245A.02 subd 10; 245A.09 sol'd 1; 232.28 subd 2 13 SR 173 9503.0175 CmSCTXVE OATES AND REPCALET.. Subpart 1. Effective date. Parts 9503.0005 to 9503.0170 are effective eix months after theii' notice of adoption is published in the State Register (January 25, 1989), except as those parts apply to a person, corporation, partnership, voluntary aaaoeiation, or other organisation who applies for licensure to operate a sick care program. Xn that case, parts 9903.0005 to 9503.0170 are effective five working days after their notice of edition is published in the State Register (August 1, 19SB). Subp. 2. Repealer. Parts 9545.0510 to 9545.0670 are repealed six months after the notice of adoption of parts 9503.0005 to 9503.0(.70 is published in the State Register (January 25, 1909). NS s 245A.02 subd 10; 245A.09 SUbd 1; 252.28 SUbd 2 13 SR 173 License Number 1. Issued to: Applicant Information Renew O^S jcvi 1 New (Number timj^ned by DHS) (Name of Corpora uon. Partncrrahip, Govemmenl L*nii) Address:. City:___Zip:.County:. 2. 3. Facility known aa: Addreu: City: Director of facility: Mailing label requested License should be sent to the address listed below: Name: Phone: Address:. City:___ 4. b„kp«„„d .tud, maiUn, .ddr...: (Addr.,, wh„. program prafar. m raaaiv. privau or aani«va i„f,n„.d„n) Individual___ Program name Address; Check here if additional ABS forms are needed. How many?___ For Licensor use only: Licensing Instruction Form Rule # Indicate change. —1 Provisional: Prom Renewal: Prom to —Probationary/Mail Certified —Change in licensure Reprint License Extension Date Tot. Closed Gosing Date: ____ Catesrnrv Brealcfl Rules Total Capacity: Months Full Half Days of Weak. J Drop-in JSick Year Round Hours Night Infants Toddlers Not to exceed: Preschool _ School-agai Role 4 Focter Care Adoption I—I Foster Care and Adoption Reaidentukl/Noiureeidential} Total Capadtv: Sex: M P MF _ No more than Category I Category II on sdb# Age: Prom Category III _ through _ Category IV Rule 42 To provide rssid.ntial-baaed hahil tation services in County # rWork«r Co4^h________ DaU: Additional Commanta: •737 •: rV4{«] 1 1 •] m r•:• ■ r«i • TH :<•£•!• i> R IF.•Ill • [^C::« •r« iU«i [• ] ^• r:a A r«Ti 11 ■ r« i • p: ii« iiii* ■ r^#rr«TfTT# r cf# •:•]!• i^ir«i wiavMfir#r«r*ii4i« •': w :<# wi i> fr«I r:liiM fiilltU.Tf (I> FM^TFi f::WOTi:# II-M fill# »:!• [• fl fW • il:M»:« l> • V: •[• •IM •III • Is1 • l■•ii CVJ STATE OF MINNESOTA DEPARTMENT OF HUMAN SERVICESPRIVACY NOTICEBocaii»e litis fuiiii roiiuusts that pruvido privato infor­mation. tlio Minnesot.i GovrrnmnnI Data Practicos Act reiiuitos lltal you be inloiniod of the fulluwinyV-r--. / n ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ Purpote and intended u*e of the information; Minnesota Statues, chapter 24f>A. and Minnesota Rule 1 1 leiiimo the Department of Human Services (OHS) to pel form bacKyiound studies of indivitluals woikiny to positions atlowiny direct contact with persons re- cotviny services from proyrarns liconsod by OHS The reyuested information will be used to perform a back- ground study of you that will include, but will not be limited to, a review of criminal conviction records held by the Bureau of Criminal Apprehension and cases of substantiated abuse and neylect of vulnetuble adults and niallreatnui'it of inuiors UJ ->J £X >c UJ Whether you may refuse or ; re legally required to |irovide the information: Hie above cited statute and rule require that all individuals working m positions dllowimj direct contact with persons receiving services bom pruqrams liccosad by OHS provide sufficient in- fufiiialiun to ensure an accurate study Known consequences that may arise from supplying the information: Inilivuluals I whom no history of disqualdymy charactcMistics are discovered will not be disqualified, while individuals who are found to have histones with particular cliaiacteiistics. es Klenidied in Rule 1 1. may be disqualified Known ciMisequences that will arise from refusing In supply the requested information. Only .ue itenis irlentilied as ‘optional** may be left blank lr.cr<mplete furnis will be returned to the facility, and rna\ alfect tlie facilily s ability to employ you •'* a poi..tK»n allowing direct contact with persons receiving services Hefusal to provHte tl*e information necessary to ensure an accurate bacKyrufiul study wdl result in diiqualificalion iderilificetion of other agencies or entities authoris ­ ed to recetva this information lo perform the ba* k- ground study, the info'matKKi you provide will be sliared with the BCA If the commissi • ser has feasonaWe cause to bebeve that other agencies may have inf or • ruatiun pertinent to disquahfication. the mforination you gnre may also he shared with county attoineys. county slieriffs. courts, county egeiKries. local police, the nationel recwd lepository . criminal recoids infor­ mation systems in oilier states and pivenile c out is llie infiumatKin about you received as part of the hack- giOMiHj study is classified as private informalnm and can not be released to anyone witlHHil your wiiHen consent If you ere found to have a disqualifying r.haiactenstic. your emfiloyer will be io4d only that you ere chsqoelified and wU not be tuki what the mforrna- lion was that caused your iieqyaef«calM DIVISION OF LICENSINGBACKGROUND STUDY FORMINSTRUCTIONSTo complete tins tu.m. pU>..so use a *2 pencil end completely f.H in the appropriate bul.Dle under each ch.iracter you write Pnotucopie. orms can no he processed and will he leiurncd to the license liolder Folded forms can not he processed electronically, and may cause a delay Aftr r cninpletiiuj bothsKles of this torm. send ilio compfoted form to: Department of Human Services Applicant Backyroui j Study Unit Division of licensiny 444 Lafayette Road St Paul. MN 55155-3842 LAST NAfVlE booooooooooooo 00000000000000 n FIRST NAMEnoooooooooodoooo 000WWWWWI5H2MyiiM2H2f000000000®®®®®® ©00000©©0©©©©0©©©©©©©©©©©0©0® <T>»:s»?ics<:srrvCS<;\fc-^C^CM^irwrWrWrtirWrWrircWrWr10lLWcl(cllcWcTlcl MIDDLE NAMErrnx'Tobodooooo 000000000 ®©©©©©©0©f 0©0©©©©0© ©00000000 000000000 0©0©00000 vy vy vy vy vy vy x^ 0©00©©©©0©©©©0©©0©0©®0®®®®®®®p'=''^'^'^'^'^'^'^ 00000000©0©©©©0©@00@@@®@®®0®0®®§®J5®®®® t0O000000©0000000000000®®0®0®®'^ 0000000000000000000000000000® lllll^llellelllleellllieellelleeeeei 00000000000000000000000000000000000®®® 00000000000000000000000®®®®®®®®®®®®®®® 00000000000000000000000000000000000000 100000000000000000000000000000000000000 00000060000000000000000000000000000000 e00000000000000e000<90000000000g®t®§®g® j©000§0000000@0O0000@000@®®0000®0®®®®®®00000000000000000000000000000000000000O ^0OO000000000000000@00®®0@®000®®®®®®®®® j^0000@@@0@@@@©0@0000©00000000©0000©0000 000000000000O0000O00O00OOOOOOOOO©®®®®®® "000000000000000000000000000001000000000 i66006600060000000000000000®0®®®®®®®®®® 100000000000000000000000000000000000000 ,0000000090000000000000000000000000000© 00O00000000000000©00000000000000®00O00 900000000000000000000000000000000000000'^ 900000000000000i00000000@0-0.0O@0l£*0000MM£ list uH otliei names by whicif you liave been kmiwii OHS 3031 le 911MINNESOTAPRIVFRS IICINSE NUMBER OR STATE IDENTIFICATION NUMBERITFITITrrr©©00@©@©@©@ 00000000000 00000000000 00O00000G00 00000000000 0©®0©©000O© ®®©00®©000© 00000000000 ®©©©®®@©©®@ ©©©0000©®©© BIRTHOATE MON DAY vrAR T T 1©©@0 GENDER 0 MALE 0 lirvtAlE PROGRAM ' LICENSE • LQ I PROGRAM RULE •(•)n 00@©@@ 0000 0000'^ 00000 0000 0©0© ®®0@ 6000 ©@@9 < I:: 111! 1111!:::!: I i: t • 9 - - - - - - - - - - U ^9? • M i i 1111111111111111111111111 " 111111 H 111111111 i I if 1 ADDRESS CITY S!mm nr t i i !-__—- .-_l_000600000000006(!)00000@000000000000@3000000000©0©0©©0000©000©0©©©©©000©0©00©©©@©©©©©©©©©©©©©©©©©©©©©0©©©©©©©©©©©©©© 0@@@@©0@@@0©@6@©@©@©@@@@@@@@@@©©@@@©©© ©©00©000000000000000©00000000©0000000 0000000000000000000000000000000000000 §§§©@@@©©§@@§©©@©©@©@©©©©©©@©©@©©©©©@ eeeeeeeeeeeeeoeoeoeoeeoeoeeeeeeeoeeo© 0000000000000000000000000000000000000 0000000000000000000000000000000000000 0600000000000000000000000000006060000 0000000000000000000000000000000000000 8086986660860600066600666608068800066 8886866686888666666666668666666666666 6666@6§©@@@©©66@§@6©©6@@©@@©§©6©©©@@© 0000000000000000000000000000000000000 @6@§66606666686666666666@6666@@@666©6 06000000000000000000©©©0000©00000©000 ©©©©0©©©0©©©©0©©©©©©©©©©®©©©0©0©©©0O© 00000GO00000000000000000000000000000O 6666666066666666666666666666666666666 0000000000000000000000000000000000000 0000000080090000000000000000000666666 60©0060®©®@0O00®0®©®®006®0®00®®®00®®O 0000000000000000000000000000000000000 0000000000000000000000000000000000000 @0@@0@@0©@000@00006©©@©@00®00®®0©©0@® 00000000000000000OG0GOOO0OOO0O000O0O0 0000000000000000000000000000000000000 0000000000000000000000000000000000000 00000000000000000000000000000000000000 ©0@©©©000©0000®©00®®0©00©00O0O®000000 ©©0®©©0®0©®0®©©®®©©0®©©00®®®®00®0©©®0'i 0000000000000000000000000000000000000 ©@©®®®®®®000©©0@0®©®0@®00®0©00®0®0®0© @0e©@000@00000000000000000®0@@®®000©0 ifiQQOOOQOQOOOOOQOOOOOOOOOOOOQOOOQQQQOU PROGRAM NAME: ADDRESS: 0000000009000®©0®®0®®0©00®©©©©©©©00000©00000©©0©000©0000000000000 000000000000000090©000000© 000060060000001 0000000000000 0000000000000 0000000000000 0000000000000 6660600666866 6666806666660 00000000000000 000000©©0©00©(p1 0000§@©0©00000000000000000 ©©0©0©©0©0©0© 0000000000000 00000000000000 00000000000000 iOl £2 CSl CwH 00000000000000 (11)0 0 00£ 0 £ 0 Pj 00 (Hfil COUNTY rootsutm lti« fultuwvinu Im»o cuifot in the lirkiw01oi0104o\00p»c>«M 10 II it • I 14 It 14 It It It to tl tl n 14 tt tt tt It n M t*'*Oi*««c •••>•>• c ••••Ca»«I !«••«» Cl*» IIIt11l«l\H>IIM»4 !l»V • t UmtI at 0»|»lak*ilk* mtM^-l*40 I« • I ... .4m4t 41 4 4 M 4t Mw.»..4I 44 4 1 44 M4^ I ••• 4t to II tt tl M tt to it tt Ow<« It r^>»t •)> Mitet (*•»»• t*4 r» oo4 I ^4/ 04MM44 1 • .11444\44 a. •41 ai4tm\i imatV. ..*• w •••«« I*. «•»« %•. .4. 4«. I...M I»-4».«4 M«44mm«4m >*»»■• «p. «4l4k«« I4i» 4444Intltt M tl tt 14 tl to 14 •rt tl tl ■ I §4 tt t* t* cunntNT COUNTY couNTirs w»»rnE voti mavt or HISIOtNCY livto lOH IHC lYKST 5 VtARS II YOU HI Sint IN ANOIIII H SIAU WniTI COUNTY NAMI HI Bt ZIP CODE 7tp cone PREtlX suffix ^0000 0000^ OO0UJ 00000 000 000 iy000 0000 ^000 181000 '•*10 0 0 00 0000 000 00 iy00n.i ©0© 0000| 0000! 0001 OPTIONAI INfORMATION Thi^ infotmatton is not fnciniroif Provulina if may fifc.itly «rih»iora Ihi* s|ii*fMl a#Ml arrutary ol llio li.ir.l<(|tminfl stiniy SOCIALRACEAnt A niLPHONr coot NUMBER 1 0 Asmh 0 Rat ifH! Is 000 000000© 000 ^000000 0 pi»< »>000 10000000 000 0000000 0 Am Iniluui/000 0000000 LsKiiim)000 0000000 Q Wf»He 000 0000000 000 0000000 0 Unknown/p00 0000000 I000 100000001 0000000001 ............................................................................................................................................................................................................................................................................................................................................................................ 25 9543.3000 PURPOSE. The purpose of parts 9543.3000 to 9543.3090 is to establish procedurer and standards for background studies of individuals affiliated with programs subject to licensure under Minnesota Statutes, chapter 245A. to protect the health, safety, and rights of persons served by those programs. Parts 9543.3000 to 9543.3090 are not intended to govern personnel decisions of employers except that personnel decisions may be affected if an individual has a disqualification under part 9543.3070. 9543.3010 APPLICABILITY. Parts 9543.3000 to 9543.3090 apply to all residential and nonresidential programs subject to licensure under Minnesota Statutes, chapter 245A, except child foster care, adult foster care, and family day care programs. Parts 9543.3070 and 9543.3080 apply to child foster care, adult foster care, and family day care programs. 9543.3020 DEFINITIONS. Subpart 1. Scope. As used in parts 9543.3000 to 9543.3090, the following terms have the meanings given them in this part. Subp. 2. Background study. "Background study" means the investigation conducted by the commissioner to determine whether a subject is disqualified from direct contact with persons served by a program. Subp. 3. Commissioner. "Commissioner" has the meaning given in Minnesota Statutes, section 245A.02, subdivision 5. Subp. 4. Contractor. "Contractor” means any person, regardless of employer, who is providing program services for hire under the control of the provider. iubp. 5. County agency. "County agency" has the meaning given in Minnesota Statutes, section 245A.02, subdivision 6. Subp. 6. Direct contact. "Direct contact" has the meaning given in Minnesota Statutes, section 245A.04, subdivision 3, paragraph (a). Siibp. 7. License. "License" has the meaning given in Minnesota statutes, section 245A.02, subdivision 8. Subp. 8. Program. "Program" means a residential or nonresidential program licensed under Minnesota Statutes, chapter 245A. Subp. 9. Provider. "Provider" means an applicant as defined in Minnesota Statutes, section 245A.02, subdivision 3, or license holder as defined in Minnesota Statutes, section 245A.02, subdivision 9. Subp. 10. Serious injury. "Serious injury" means any harm suffered by a person which reasonably requirer the care of a physician whether or not the care of a physician was sought. For the purpose of parts 9543.3000 to 9543.3090, the following are deemed to be serious injuries. A. bruises, bites, skin laceration, or tissue damage; B. fractures; C. dislocations; D. evidence of internal injuries; E. head injuries with loss of consciousness; F. extensive second-degree or third-degree burns and other burns for which complications are present; G. extensive second-degree or third-degree frostbite, and others for which complications are present; H. irreversible mobility or avulsion of teeth; I. injuries to the eyeball; J. ingestion of foreign substances and objects that are harmful; K. near drowning; and L. heat exhaustion or sunstroke. Subp. 11. Subject. "Subject" means an individual identified in part 9543.3030 on whom a background study is required. 9543.3030 INDIVIDUALS WHO MUST BE STUDIED. A background study must be conducted of the following persons: by tht A. individuals who 'omitsioner; are providers of programs licensed B. individuals over age 13 living in the household where a program is operated; C. current employees or contractors who have direct contact with persons being served by the program; and served if: served; and D. volunteers who provide program services to persons (1) the volunteer has direct contact with persons (2) the volunteer is not directly supervised. "Directly supervised" means an individual listed in item A or C is within sight or hearing of a volunteer to the extent that the individual listed in item A or C is capable at all times of ifitervening to protect the health and safety of the persons served by the program who have direct contact with the volunteer 9543.3040 RESPONSIBILITIES OF PROVIDER. Subpart 1. General. A provider must require every individual identified in part 9543.3030 to complete the background Information form prescribed by the commissioner. Subp. 2. Form submission. A provider must submit each completed background study form to the commissioner: A. before initial licensure and with every license renewal application; and B. before a subject first has direct contact with persons served by the provider's program. Subp. 3. Direct contact prohibited. A provider must ensure that a subject whc is disqualified by the commissioner does not have direct contact with persons receiving services from the program unless the conditions in item A or B are met. A. The provider has: (1) received notice from the commissioner that the subject may be in direu^ r.&neact pending reconsideration; (2) obtained documentation that the subject will submit or has submitted a timely request for reconsideration; and (3) documented compliance with requirements in the commissioner's notice. B. The provider has received notice from the commissioner that the subject's disq'>alification has been set aside. Subp. 4. Employment termination. Termination of a subject in good faith reliance on a notice of disqualification issued by the commissioner does not subject the provider to civil liability.Subp. 5. Record retention. The subject's personnel file must contain the most recent notice issued by the commissioner under part 9543.3060^ subpart 5. If the current notice is more than 12 months oldr the subjec* 's personnel file must also include documentation that the provider has made a timely application for a background study as requir-2d by Minnesota Statutes, section 245A.04. 9543.3050 RESPONSIBILITIES OF SUBJECT. A subject must provide to the provider the information necessary to ensure an accurate background study, including: A. the subject's first, middle, and last name and all other names by which the individual has been known; residence; B. current home address, city, county, and state of number. C. counties of residence for the past five years; D. date of birth; £. sex; and F. driver's license number or state identification 9543.3060 RESPONSIBILITIES OP COMMISSIONBl. Subpart 1. Negative licensing action. In addition to other sanctions available to the commissioner under Minnesota Statutes, chapter 245A, the commissioner has reasonable cause to deny a license or to immediately suspend, suspend, or revoke a license if a provider: A. fails or refuses to cooperate with the commissioner in conducting background studies as required in parts 9543.3000 to 9543.3090; or B. permits a subject who has been disqualified by the commissioner to be in direct contact with persons served by the program. Subp. 2. Review of records. In conducting the background study, the commissioner shall review: A. conviction records of the Minnesota Bureau of Criminal Apprehension in which the last date of discharge from Che criminal justice system is less than 15 years;B. records of substantiated abuse or neglect of vulnerable adults and maltreatment of minors in licensed programs that are dated within seven years;C. any other informations including arrest and investigative information from the Minnesota Bureau of Criminal Apprehension, county attorneys, county sheriffs, courts, county agencies, local police, the national record repository, criminal records of other states, and juvenile court records on a subject identified in part 9543.3030, item B, that relate to delinquency proceedings within the five years preceding application or preceding the subject's 18th birthday, whichever period is longer, provided that the commissioner has reasonable cause to believe that the information is pertinent to disqualification of a subject. "Reasonable cause to believe" means that information or circumstances exist which provide the commissioner with articulable suspicion that further pertinent information may exist concerning a subject. Subp. 3. Determination of disqualification. The commissioner shall evaluate the results of the study and any other information available to the commissioner and shall determine whether a subject is disqualified under part 9543.3070 Subp. 4. Notice by commissioner to subject. Within 15 working days, the commissioner shall notify the subject in writing of the results of the background study or that additional time is needed to complete the study. If the study indicates a subject is disqualified, the notice shall state: A. the reason for disqualification and either: (1) have attached a copy of the records relied upon by the commissioner; or (2) state how to obtain the records relied upon by the commissioner; B. the procedures for requesting the commissioner to reconsider the disqualification; and C. the factors to be considered by the commissioner under part 9543.3080 in the decision whether to set aside the disqualification. Subp. 5. Notice by commissioner to provider. Within 15 working days, the commissicner shall notify the provider that: A. the subject is not disqualified r and B. more time is needed to complete the study; or C. the study indicates the subject is disqualified; , (1) the subject has 30 days from receipt of the notice to request reconsideration of the disqualification and that the commissioner's decision will be issued within 15 working days after receipt of a request; and (2) the provider may continue the subject in direct contact pendinc reconsideration if; recrnsideration; and (a) the subject submits a timely request for (b) the provider takes actions specified by the commissioner to reduce the risk of harm to persons receiving services. If the commissioner determines a subject who is disqualified presents a risk of imminent danger to persons receiving services from the program/ the commissioner will tne provider to immediately ensure the subject does not have direct contact with persons receiving services from the program. Subp. 6. Disclosure of information; conditions, commissioner shall not disclose the nature of the disqualification to the provider unless: The A. the subject consents to disclosure in writing; or B. other law authorizes disclosure to the provider. Subp. 7. Record retention. The commissioner shall maintain records of each study. The conucissioner shall make the information in the records available only to tne commissioner or the commissioner's designees for background study purposes, vmen the subject reaches age 23, the commissioner shall destroy juvenile court records obtained pursuant to the study. 9543.3070 DISQUALIFICATION STANDARDS. Subpart 1. Disqualifications. Items A to D disqualify an individual from programs serving children or adults. A. The subject has been ccrivicted of a crime or anticipatory crime against persons; or a crime or anticipatory crime reasonably related to the provision of services. The following offenses have been deemed to be crimes against persons 6 or reasonably related to the provision of services or both; (Attempts); (1) Minnesota Statutes, section 609.17 (Conspiracy)j (2) Minnesota Statutes, section 609.175 (3) -Minnesota Statutes, section 609.185 (Murder in the first degree); (4) Minnesota Statutes, section 609.19 (Murder in the second degree); (5) Minnesota Statutes, section 609.195 (Murder in the third degree); (6) Minnesota Statutes, section 609.20 (Manslaughter in the first degree); (7) Minnesota Statutes, sectic i 609.205 (Manslaughter in the second degree); (8) Minnesota Statutes, section 609.21 (Criminal vehicular homicide and injury); (Suicide); (9) Minnesota Statutes, section 609.215 (10) Minnesota Statutes, section 609.221 (Assault in the first degree); (11) Minnesota Statutes, section 609.222 (Assault in the second degree); (12) Minnesota Statutes, section 609.223 (Assault in the third degree); (13) Minnesota Statutes, section 609.2231 (Assault in the fourth degree); (14) Minnesota Statutes, section 609.224 (Assault in the fifth degree); (15) Minnesota Statutes, section €39.228 (Great bodily harm caused by distribution of drugs); (16) Minnesota Statutes, section 609.23 (Mistreatment of persons confined); (17) Minnesota Statutes, section 609.231 (Mistreatment of residents or patients); (18) Minnesota Statutes, section 6C9.23S (Use of drills to injure or fdcilitdte criine); robbery);(19) Minnesota Statutes, section 609.24 (Simple (2C) Minnesota Statutes, section 609.245 (Aggravated ‘bbery); (Kidnapping); imprisonment); (Abduction); (21) Minnesota Statutes, section -609.25 (22) Minnesota Statutes, section 609.255 (False (23) Minnesota Statutes, section 609.265 (24) Minnesota Statutes, section 609.2661 (Murder of an unborn child in the first degree); (25) Minnesota Statutes, section 609.2662 (Murder of an unborn child in the second degree); . ^ (26) Mi.nnesota Statutes, section 609.2663 (Murder of an unborn child in the third degree); ^ (27) Minnesota Statutes, section 609.2664 (Manslaughter of an unborn child in the first degree); ^ (28) Minnesota Statutes, section 609.2665 (Manslaughter of an unborn child in the second degree); (29) Minnesota Statutes, section 609.267 (Assault of an unborn child in the first degree); (30) Minnesota Statutes, section 609.2671 (Assault of an unborn child in the second degree); (31) Minnesota Statutes, section 609.2672 (Assault of an unborn child in the third degree); (32) Minnesota Statutes, section 609.268 (Injury or death of an unborn child in the commission of a crime); (31) Minnesota Statutes, section 609.322 (Solicitation, inducement, and promotion of prostitution); (34) Minnesota Statutes, section 609.323 (Receiving profit derived from prostitution); (35) Minnesota Statutes, section 609.3232 (Protective order authorized; procedures; penalties); (36) Minnesota Statutes, section 609.324, 8 subdivisions 1 and la (Other prohibited acts); (37) Minnesota Statutes^ section 609.33 (Disorderly house); (38) Minnesota Statutes, section 609.342 (Criminal sexual conduct in the first degree); (39) Minnesota Statutes, section-609.343 (Criminal sexual conduct in the second degree); (40) Minnesota Statutes, section 609.344 (Criminal sexual conduct in the third degree); (41) Minnesota Statutes, section 609.345 (Criminal sexual conduct in the fourth degree); (42) Minnesota Statutes, section 609.3451 (Criminal sexual conduct in the fifth degree); (43) Minnesota Statutes, section 609.352 (Solicitation of children to engage in sexual conduct); (Incest); (44) Minnesota Statutes, section 609.365 (45) Minnesota Statutes, section 609.377 (Malicious punishment of a child); (46) Minnesota Statutes, section 609.378 (Neglect or endangerment of a child); (47) Minnesota Statutes, section 609.561 (Arson in the first degree); (48) Minnesota Statutes, section 6C9.562 (Arson in the second degree); (49) Minnesota Statutes, section 609.563 (Arson in the third degree); (50) Minnesota Statutes, section 609.713 (Terroristic threats); (51) Minnesota Statutes, section 609.746 (Interference with privacy); (52) Minnesota Statutes, section 609.79 (Obscene or harassing phone calls); (53) Minnesota Statutes, section 609.795 (Letter, telegram, or package; opening; harassment); (54) Minnesota Statutes, section 617.23 (Indecent exposure); , . (55) Minnesota Statutes, section 617.241 (Obscenematerials ana performances); ... ^ (56) :iLnnesota Statutes, section 617.243 (Indecent literature, distribution); (57) Minnesota Statutes, section 617.246 (Use of minors in sexual performance); (58) Minnesota Statutes, section 617.247 (Possession of pictorial representations of minors); ^ . (59) Minnesota Statutes, section 617.293 (Harmful materials; dissemination and display to minors); and (CO) felony convictions under Minnesota Statutes, chapter 152 (Prohibited drugs). The subject has admitted to or a preponderance of the evidence indicates tl;a individual has committed an act that meets the definition of a crime listed in item A. C. The subject is identified as the perpetrator in a determination that maltreatment of minors has occurred and a preponderance of evidence indicatesi (1) an act that meets the definition of maltreatment in Minnesota Statutes, section 626.556, subdivision .i-Oe, paragraph (a), occurred; (2) the subject committed the maltreatment; and (3) the maltreatment was serious or recurring. The subject is identified as the perpetrator in a substantiated report of abuse or neglect of vulnerable adults and a preponderance of evidence indicates: (1) an act that meets the definition of abuse or neglect in Minnesota Statutes, section 626.557, subdivision 2, occurred; recurring; and neglect. (2) the subject committed the abuse or neglect; (3) the abuse or neglect was serious or (4) the subject is not the victim of the abuse or For pur^ses of this item "serious maltreatment, abuse, and neglect is defined as a serious injury as set forth in part r 9543.3020r subpart 10, whether intended or suffered as the result of neglect; sexual abuse; neglect or abuse which results in illness or harm which reasonably requires the attention of a physician; or death. Subp. 2. Terminated parental rights. A subject who has had parental rights terminated under Minnesota Statutes, section 260.221, paragraph (b), is disqualified from programs serving children. Subp. 3. Residential programs. A subject in a residential program must not have a conviction for, must not have admitted to, or a preponderance of the evidence must not indicate that the individual has committed an act of theft or related crimes. The foll< - .’.ng offenses have been deemed to be acts of theft or related crimes: A.Minnesota Statutes,section B. shoplifting Minnesota gear); Statutes,section C.Minnesota Statutes,section forgery) D. •$ Minnesota Statutes,section E.Minnesota Statutes,section forgery; F. Minnesota Statutes, offering a forged check) section ; and G.Minnesota Statutes,section signature by false pretense). 9543.3080 RECONSIDERATION OF DISQUALIFICATION. Subpart 1. Application for reconsideration. Within 30 days after receiving notice of disqualification, a subject may request the commissioner in writing to reconsider the disqualification. The subject must submit information showing: A. the information the commissioner relied upon is incorrect; or B. the subject does not pose a risk of harm to any person served by the program. Subp. 2. Extension. The subject may request additional time, not to exceed 30 days, to obtain the information in subpart 1 upon showing the information cannot be obtained within 30 days. Subp. 3. Decision by commissioner. The conunissioner shall set aside the disqualification if the conunissioner determines that: A. the information relied upon in making the determination of disqualification is incorrect; or B. the subject does not pose a risk of harm to persons served by the program. In making this determination the commissioner shall consider at least: event; events; (1) the nature and severity of the disqualifying (2) the consequences of the disqualifying event; (3) the number of disqualifying factors or (4) the relation between the disqualification and the health, safety, and rights of persons served by the program, including factors such as: (a) the age and vulnerability of victims at the time of the incident; (b) the harm suffered by victim; and (c) the similarity between a victim and persons served by the program; (5) the time elapsed without a repeat of the same or similar event; (6) documentation of successful completion of or rehabilitation pertinent to the incident; and (7) any other information relevant to the reconsideration decision. Subp. 4. Notice of commissioner's decision. Within 15 working days after receipt of a request for reconsideration, the commissioner shall notify the subject and the provider in writing: A. whether the disqualification has been set aside; B. if a time extension has been granted under subpart 2, that the commissioner's decision will be issued within 15 working days after the extension date. Subp. 5. Finality of decision. Except as provided in subpart 6, the commissioner's decisio«i on a reconsideration [L... request is the final administrative agency action and is not subject to review. Subp. 6. Employees of public employers. A subject who is an employee of a public employer as defined by Minnesota Statutes, section 179A.03, subdivision 15, may appeal the commissioner's decision not to set aside a disqualification in a contested case proceeding under Minnesota Statutes, chapter 14, 9543.3090 APPLICABILITY IMPLEMENTATION OF RULES Parts 9543.3000 to 9543.3090 shall be implemented and shall apply to programs according to items A to C. A. After the effective date of parts 9543.3000 to 9543.3090, applicants for initial licensure of a program must submit all required background study forms at the time of application. B. Providers of programs licensed on the effective date of parts 9543.3000 to 9543.3090 must submit all required background study forms at the time of license renewal except chat subjects who first become affiliated with the program after the effective date must have a background study according to part 9543.3040. C. Notwithstanding part 9543.3040, subpart 3, a subject affiliated with a program on the effective date who is disqualified as a result of the subject's initial background study may continue in direct contact until the commissioner issues a decision on reconsideration of the disqualification. ?.eEVALUATION OP TRAINING SUBJECT(S) PRESENTOR(S) - - - - - - - - - - - - - - - - - _ _ _ _ WHAT WERE YOUR GOALS (Why did you go to the training)? 1. My training goals were met. cooments: 1 - disagree, 5 - agree 1 2 3 5 2. The information was relevant to my current job. What information is most valuable to you in your current job? 1 2 3 4 5 3. The presentor(s) was clear and concise. Comments/suggestions: 1 2 3 4 5 4.You would recommend the prestntor to do future training. Comments: 1 2 3 4 5 5. The presentation was organized and easy to follow. Comments: 1 2 3 4 5 6. The site was comfortable and conducive to the workshop format Comments: 1 2 3 4 5 7. Other comments/suggestions: 4 V • CITY of ORONO 7 RESOLUTION OF THE CITY COlIJiCIL NO _______________ /V^ ' ^1/ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MITVICIPAL ZONING CODE SECTION 10.28, SUBDFVISION 3 (A) FILE NO. 1802 r • %0 WHFREAS Orono Independent School District niS (hereirnfter the ••applicams-; owSro^env- located at 770 0,d Crystal Bay Road North w.thtn tlte C.ty of Orono (hereinafter "City") and legally described as; the west 642.00 feet of Lot 2. Block 1, Crystal Crest, Hennepin County, Minnesota (hereinafter "property ); and refeirini. » 'ecific«illy to schools. NOW, therefore , be it resolved by the City Council of Orono. FINDINGS This application was reviewed as Zoning File /^ISO... The property is located in the RR-IB Rural R«idennal Zoning Distnet requiring two acres in area. The property consists of 4.48 acres. On February 16. 1993, the Orono Planning as proposed and recommended ar^nroval based on the tollowing im . Minnesota: 1. a.All peninent satisfied. standards of the Municipal Code Sections have been Paae 1 of 5 V'. silted<1^. CITY ot ORONO RESOLUTION OF THE CITY COUNCIL NO__________________ b. The proposed addition and the use of the expanded structure per Municipal Zoning Code Section 10.28, Subdivision 3 (A), referring specifically to schools, will have no negative impact on the surrounding residential zone and developed properties. c. The proposed addition will not create the need to redirect drainage. Drainage will continue to sheet flow over paved areas to southern lot line and eventually to drainageway within municipal owned property. 4. The Council finds that granting a conditional use permit to allow construction of an addition to the day care/school strucmre will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other, danger to neighboring properties, nor will its use depreciate surrounding property values and that the use of the property for school-related uses will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 5, The City Council has considered this application including the findings and recommendations of the Planning Commission, repons by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSiaXS, ORDER AND CONDITIONS Based upon one or inore of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.28, Subdivision 3 (A) to permit construction of a 36 ’ x 50’ addition to the existing school/day care structure per plans submitted by EOS Architecture dated January 22, 1993, Sheets 1 - 3 (P) and as amended below for the property' located at 770 Old Crv stal Bay Road North, subject to the following conditions: 1.Applicant shall provide an executed Developer’s Agreement to ensure all required improvements have been installed per final submitted for this review. Page 2 of 5 CITY of ORONO KESOLLTIOiN OF THK CITY COlJN(>IL. NO__________________ 3. 4. 5. 6. 7. 8. All traffic flow, stop and fire lane signage location shall be determined by the Orono staff. On-site traffic shall be one way and controlled with appropriate sicnace. The new addition shall be installed with an approved sprinkler system and a fire alarm svstem shall be lied to the sprinkler system. Upon application for a building permit, the applicant shall provide architecturally drawn plans signed by a licensed architect. Applicant will be responsible for making necessar> SAC payments and for any additional sewer or water charges at the time of issuance of the building permit Authorities cranted bv this resolution run with the property not with applicant but are permissive only and must be e.xercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on tliat date (March 8. 1994). The uses permitted on the property are as per Municipal Code Section 10.28, Subdivision 3 (A) referring specifically to schools, and are further limited to the uses approved in Stale Statute 121.88. Community Education Programs. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned authorized representative of the Orono Independent School District (f21~S has read, understood and hereby agrees to the terms of this resolution and on behalf of himself or herself, his or her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 CITY of ORONO KESOLUTION OF THE CITY COUNCIL NO________________ Adopted by the Orono City Council on iliis 22nd day of March, 1993 ATTEST: Dorothy M. Hallin, City’ Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day ot March, 1993, by Edward J. Cal'ahar., Jr. and Dorothy M. Hallin, Mayor and City Clerk of the Cirv of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Paste 4 of 5 ' • •CITY of ORONO RESOLUTION OF THE Cm’ COUNCIL NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of . 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the forecoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. "I NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared knowii to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC 1 Page 5 of 5 c Bonestroo Rosene Anderlik & Associates Otto 0 BcKmtfDa PE RcCen W ROienc PE • C Anjfrtik PC L Sr'yH J PE E Tijtrf' P£ Oienn 9 Cook Pt Thomas E Noy^S Pt Rc<)r^ G Sc^uo<ht PE Susan M EtJ^nin. C PA •S^rKX Con Sudani Engineer'; & Architects hiOA.4ftl A Sanft^ PE *^ith A Go#tJon PE SoocT 9 PV^tJe PE ffrf'hjftJ W Pf Ca.id O Leslie:.. P£ Hotje^r! C Rusyfs a i s jerry A BoufOon. '^E Mam A Hanson PE Vc^ar? T PjLfmann ‘-E Ted K Eieid PE Thomas R Anjeruyo A i A DonasdC BurganJi PE Thomas E Anguv PE isma^< Martjncx PE V<haei P Rau. PE M R r>g. A IC P T homas W fytervDO. PE M«c^aH C ivncn PE R M.i'arri PE D Pertficn PC kjennetn P Anoenon PC Mart R RORV PE KU k A PE Gary W Mor^n. PE Oan«< J Cagerron. PE jtryr K Krsch^man P Philip j Caswr'i PE Mark O PE M ifi 0 jenw*n. PE L Ph>#ip Grav^ III PE kanrn L W'rmen PE Gary D Knstof<z PE P Po«?r PC Ke<n 9 vaop PE Sha^n D Gustafson I Ceciio Oirvier. PE Chaiies A Efickvon Leo M PaAeiuy Harlan M CXson ^rnes f ErsgelhartJt / March 9.1993 City of Orono Box 66 Crystal Bay, Minnesota 55323 We % Attn: Mr. John Gerhardson MAR i'O '19S3 Re:400,000 Gallon Elevated Tank Our File No. 13954 Dear John: Enclosed herewith are three signed copies of Request for Payment No. 5 for the above referenced project. The request is in the amount of $32,262.00 and includes payment primarily for elctrical work on the tank. VVe have reviewed this request and find it to be in order. We therefore recommend payment to PDM, Inc. in the amount of $32,262.00. Plea.se give me a call if you have any questions. Verv' Truly Yours, 2335 We»t Highway 36 • $t. Paul, Minnesota 55113 • 612-636-4600 _____ ___........................................................... ii t Bom;itioo s g Roivnt Owner C'ity of Orono, 1335 Hrown Rd S, PO Hox 66, C rystal, MN 55.323 Dale l-ebruary 23, 1993 m w Amlerltk A |\j| As’.ocljtei Tor Period Oclober 21, to I'cbruary 2.^, 1W3 Request No. 5 |r^w«r| f A ifmttU (Contractor Piil-Des Moines, Inc., PO Uo.x 1596, Des Moine.s, lA 50.306 RI-,OUIiS'r I-OK I'AYMIiNT 400,000 (lallon 1-lcvalcd VValcr Storage l ank 1-ilc No. I.'^054 SUMMARY 1 Original Contract Amount 2 ('hangc Order - Addition 3 Change Order • Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on I land 7 Amount IZarned 8 Less Retainagc 5% 9 Sub-Total 10 Less Amount Paid Previously 11 AMOUNT DUn TI ns RRQUGST FOR PAYMEN1' NO. S $ $ Recommended for Approval by: nONESTRtX), ROSliNF, ANDERLIK & ASSOCIA'IliS, INC. Approved by Contractor: PriT - DES MOINES, INC. Approved by Owner: CTiy Ol* ORONO, MN Specified Contract Completion Date; N ovi mmi r 30, 1992 Dale: 595,150.00 $595,150.00 $559,070.00 $0.00 $559,070.00 $27,953.50 s .531,116.50 $498,854.50 $32,262.00 IW54 RFP Item Unit CunUiid Quantity UdU Price Ouaoliiy 'lb D^lc Ani<»unl lb hjtc Hill A ’ 400,000 nutCil Column or 1 lyilrnpillar Water 'l «nvcr 141.0 foct to High Water Level Furnish and install a cmiipictc elevated water storage tank of the fluted column or hydropillar design with 400.000 gallon capacity within 39 feet of the high water level including: 1 Foundation drawings 2 Tank drawings 3 Access road 4 Piling 5 Concrete foundation 6 Piping 7 Tank fabrication 8 l ank erection 9 Fleetncal 10 Painting 11 Cathodic protection sy'stem 12 Sitework Total Hid A Bid A • Unit Pnee 13 P'oundatiou pihng unit price for difference between design and actual total pile length - VOID; modified by Change Order No. I LS 1 5.400.00 100%5.400.00 1^1 16.200.00 100%16.200.00 LS 1 18.400.00 100%18.400.00 LS 1 5 8 0.00 100%5 8 J5 0.00 IS 1 31.600.00 100%31.600.00 IS 1 4.800.00 100%4.800.00 1 192.000.00 95%182.400.00 I 113.900.00 95%10835.00 LS I 73.500.00 80%58.800.00 IS 1 70.900.00 95%67.355.00 LS 1 4.800.00 95%.42! 60.00 !S 1 2.300.00 $592,150.00 $556,070.00 Lr 20.00 ADD LF 3.00 DLDUCT $0.00 Hid A • Alternate N<v I 14 Furnish Jt install a 6’ x 7’ double door 10 lieu of specif. 3* x T pedestrian door 3.000.00 100%3.000.00 13954 RfP RPI Item Uoil c onirad Ouanlity UdU Price Quantity To Dale Ainoi at To Date ^Snnge Order No. 1 PiJ A • Unit Price 15 FouuJatioii piling unit price for diffc'.cuce between apjuoved design and actual total pile length in lieu of S20/IJ« ADD lor add*l length and $3/U^ DKDUCTT for reduced length 16 Foundation pihng unit price for each pile over 80 feet in length Total Change Order No. 1 Lf-(10)S 10.00 (10)(100.00) liA 1 S 100.00 1 . IDOJML. $0.00 Total Hid A Uuit Price Altcrratc No. 1 Total Change Order No. 1 Total Work Completed to Date 556.070.00 0.00 3.000.00 ____(LDa. $559,070.00 IJ934 nr?UP: I’Rojicr i‘aymi ;nt s'l'Ams Owner Project i’roject No. I*Uc No. Contractor Citv of Orono ^!00,UOO (jallon Llcvatcd Walcr Storage I'aiik 1-PAS4 Pilt-Des Moines Inc. chancp : okd i rs No. Date 1 2-20-y2 Modify unit price on foundation piling I'otal Change Orders - Add PAVMI-NT SUMMARY 6 7 S 9 10 ToUil Payment to Date Relainage, Payment No Total Value Completed IM5-.RtP S53. llb»so 27.y53.50 $559,070.00 RP-3 Original Contract t'hangc Orders Revised Contract Amount $0.00 so.oo No.Period Payment Retainagu 0)inplet*')d 1 Start 5-5-92 $94,1.30.75 54,954.25 $99,0a5.00 ■> •m 5-5-92 8-21-92 1.30.492.00 11,^22.75 236,445.00 n 8-21-92 9-14-92 179,4(>1..50 21,267.75 425,355.00 4 9-14-92 10-21-92 94,767.25 26.255.50 .52.5,110.00 5 10-21-92 2-23'J}32,262.00 27,953.50 559,070 00 $595.l50i)0 OOP $595,150.00 ^ if i BonestrooJ3UaRosene Anderllk & Associates GflEIm Engineers & Architects March 16, 1993 City of Orono Box 66 Ciysial Bay, MN 55323 Attn: Mr. John Gcrhaidson Re: File No. 13962 Willow Drive Dear John, ^.1' —T A’ * sr'*c • ^ *.•,) rr ,'-r : \ VI f*: Z A I SuU^ M • i** A '•UTAA*3 A Uf ore »;»•.•*') Jt/ ag rj.’vfi C »t r ».u-i A A .fV A *^w c * ffl #»x f A.'A ^I3-|yK'C f# i A^z,i •! VC^jr P (*c V A »f » A' »^i V.-. -5 *<*Tr 5 *rT/v'^ «r vj»4 ^ pf Maw \ Si^ •! C pV Cc' fi p* A .Jr! p^rj J C.M/.f*! P»; M.*.i l» Vx ‘. S r> »%rr i »^l4 ‘ fl* OT' 4 ff CV7 C p| f *rv»' **i» Ar rr 9 »A-,i »-• .c*>' t |P*'-P( V va *»‘ 'J • Ctt*- f>wn '•§ lA«r-r\ A p*ti*c*, IPO V P#Af v«« • i •VP*' -•« /'- 0 •4, ^7^ We have reviewed four design options for the construction of Willow Drive between T.H. 12 and County Road 6. The options were for a residential street with or without a pathway and for a rural street with or without a pathway. The following is a summary of the design options and estimated project cost: ESTI.MATED PROfECT COST Design Option Rural Street Residential Street Rural Street w/pathway Rcsidentii'tl Street w/pathway Street $585,3.^0 624,780 585.350 624,780 £^W! $16,500 Pathway 50.iti $28, 28. Ill till Total $601,850 624.780 663,350 652.780 • R. of W. estimated (&) $30,000/acre. I hc pathway will have to be partially ($10,000) funded by the City. The rural section street requires significant right*of*way to minunizc ♦he impact on properties along the east side of Willow Dme. Tlie residential street will not require the acquisition of new right-of-way and will result in fewer trees being removed. Storm sewer has been included in the residential de.sign to facilitate street drainage. Ple.ise contact this office if you have .my questions. Yours verv trulv, BONESTROO.' ROSE.N’E ANX>ERLIK & ASSOCIATES. TNC Glenn R. Cook (}RC:li 13962.cor TO: FROM: DATE: SUBJECT: Ron Moorse, City Administrator Tom Kuehn, Finance Director March 18, 1993 Insurance Renewals for 1993 C/fy % % % Attachments:Insurance Policy Premium Tabulation Insurance Renewals Memo Dated 3/5/93 ISSUE Adoption of award recommendations for renewal of insurance coverages effective January 1, 1993. DISCUSSION The comparative insurance premium tabulation reflects the results of the review by the LMCIT of the multi peril packages. The premium for 1993 has been reduced from the original quote of $83,389 to "72,810, a decrease of $10,579. The 1993 premium of $72,810 is $7,508 greater than the 1992 premium of $65,302, or an increase of 11.5%. The major increase is in the general liability which is increased from $35,649 to $45,103. The LMCIT is now rating the cities individually and our experience includes some sewer back ups caused by lift station failures. (The problem lift station has been corrected.) The property insurance for 1993 reflects a decrease from $10,744 to $8,409 and is due to a reduction in rates of 60%, which is offset by the value of the new facilities. The property insurance for the new facilities is $4,165. RECOMMENDATION It is recommended that Council award the 1993 multi peril package to the League of Minnesota Cities Insurance Trust in the amount of $72,810, which reflects the reduction from the original quote of $83,389. Inasmuch as Council did not take formal action on the insurance policies presented last meeting I am including the motion of award for those policies as well. At this time the only remaining policy not renewed is for the golf course liquor liability, which renews April 1. PROPOSED MOTION: Moved by_, seconded by _, to award the insurances effective January 1, 1993 as follows: to the League of Minnesota Cit’es Insurance Trust for excess liability $31,079, for the petrofund reimbursement $2,610 and for the multi peril package $72,810; to Western National Insurance Group for boiler and machinery $429; to the St. Paul Fire and Marine Insurance Co. for small computers $500; and to the United Fire and Casualty for surety bonds $1,193. Ayes _, nays _. INSURANCE POLICY PREMIUM TABULATION POLICY AWARDED TO ACTUAL PREMIUMS 1992 RENEWAL PREMIUMS 1993 insurance PREMIUMS BUDGET 1993 Worker Compensation LMCn'$ 46.872 (A)$ 46.178 $ 62.036 $ 67.876 Multi Peril Package, LMCIT Including Property Vehicle Lia/Coll/Um Inland Marine Errors & Omissions General Liability Crime Total Multi Peril Package (F) 10,744 8,360 3.173 7,295 35,649 81 65.302 (F) 8,409 8,827 2,590 7,822 45,103 59 (E) 72.810 ^^etrofund Reimbursement LMCIT 2,318 2,610 2,410 ^blic Employees Bond U F& C 1,064 1,091 1,323 Monies & Securities UF&C 107 107 95 3oiler Western Vat’I .. 314 429 317 Tomputers St. Paul Co.520 500 500 Jmbrella Excess Liabilitv LMCIT 30.502 31,079 33,436 -.iijuor Liability for Golf Course St. Paul Co.1,375 (B) 1,375 1,375 \gent of Record Apple Valley (C) 7,250 (D) 2.207Agency Grand Totals $155,374 $163,429 ^171.575 (A) (B) (C) Renewal approved at 12/14/92 Council meeting Renewal dale April 1. estimated premium Cross fee including commissions (D) Net fee after commissions (E) After review reduced from $83,389 to $72,810 {!•) Property includes builder’s risk and business interruption L. TO: Ron Moorse, City Administrotor FROM: Tom Kuehn, Finance Director DATE :March 5, 1993 SUBJECT: Insurance Renewals for 1993 Attachment: Insurance Policy Premium Tabulation ISSUE . ^ , £ • -AdoDtion of award recommendations for renewal of insurance coverages effective January 1, 1993. Attached is a comparative tabulation of the 1992 actual and 1993 insurance premiums, and the 1993 budget amounts. At this^time we are recommending award and payment of the policies ror all except the multi peril package, which is under review; the liquor liability, which renews April 1/ and the worker compensation, which was approved and awarded at the December 14, 1992 Council meeting. The boiler policy includes the old and new city sites. Upo.n completion of demolition of the old administration building we will apply any credit due. The petro fund reimbursement policy includes the fuel tanks at the old site. We anticipate a reduced cost next year after the removal of the .old tanks. .. . The multi peril package is under review because of the increases, esDecially in the general liability. We have been informed that there are errors in certain ratings and should have the corrected figures for the next Council meeting. At that time we will ^^^e information relating to the impact of the new facilities on the insurance premiums. previously awarded, or renewing at a later date. PROPOSED MOTION; Moved by seconded by to award the insurancereffeccive January' 1- 993 as Insurance Group for boiler and machinery $429; to the St. Paul Fire and Marine InLrance Co. for small computers $500; and to the United Fire and Casualty for surety bonds $x,198. Ayes _, Nays A / TO: FROM: DATE: SUBJECT: Ron Moorse, City Administrator John R. Gerhardson, Public Works Direct, March 10, 1993 Public Hearing Community Development Block Grant^jS^DBG)% Year XIX As in previous years the Council must conduct a Public Hearing to receive citizen input so that we may receive CDBG funds. This year we have received requests from three public service agencies as follows: WECAN Westonka Intervention Interfaith Outreach 1,000.00 1,000.00 1,000.00 Prior to the Stubbs Bay Sewer construction there was an interest in allocating CDBG monies to allow those qualified to apply for a grant to connect their residences to the sanitary sewer main. That amount and the amounts shown above for the public service agencies have been included in the resolution approving the allocations. CITY of ORONO RKSOLLTION OF THE CITY COUNCIL NO_ _ _ _ _ _ _ _ _ _ resolution approving projected use OF FUNDS FOR 1993 (YEAR XIX) OF THE URBAN HENNEPIN COUNTY COMMUNITY BLOCK GRANT PROGRAM U?bin Hennepin County Community Development Block Grant Program; and „„ ofSSS' d-velooment needs and the City's proposed use of ^2°,867 00 from the Year XIX Urban Hennepin County Community Development Block Grant. - .. be it resolved, that the City Council or Orono approves che following projects for funding from the Year XIX Urban Hennepin Countv Community Develooment Block Grant program related and applicable orogram income and authorizes submittal rn Henneoin* County for review and inclusion in the Year XIX Urban Hennepin*County Community Development Block Grant Program Statement of Objectives and Projected Use of Funds. Project Budget Westonka Intervention Interfaith Outreach WECAN' Stubbs Bay Sewer Connections 1,000.00 1,000.00 1,000.00 17,867.00 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held March 22, 1993. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor / / TO: Ron Moorse, City Administrator FROM: John R. Gerhardson, Public Works Director DATE:February 16, 1993 SUBJECT: Public Hearing Date Community Development Block Grant Program Year XIX Each year the City receives monies from HUD through the Community Development Block Grant. The program is administered through Hennepin County Development and Planning. In order to acquire the funds we must conduct a Public Hearing to receive citizen input. As a result of the most recent census the amount Orono receives is less this year than last year. Last year we received approximately $25,700. This year we will receive approximately $20,867. The decrease is due to a lower number of low to moderate income families accc ng to the 1990 census. The Public Hearing notice should include a tentative list of eligible projects. Projects for consideration may be: 1. Housing rehabilitation 2. Public service organizations WECAN, V7estonka Intervention and Interfaith Outreach Community Partners 3. Park Planning 4. ■ Stubbs Bay Sewer Connection Grant I have attached a list of 1992 projects and a list of other projects from previous years. I would recommend the Public Hearing be conducted at 7:30 p.ra. on March 22, 1993. I To: From: Dat:e: Mayor Peterson and Orono City Council Ron Moorse, City Administrator March 20, 1992 9 Subject: Community Development Block Grant - Funding Allocations Attachments: A. Memo from Larry Blackstad, Hennepin County's CDBG Coordinator concerning Orono’s CDBG program funding history B. Letter from Interfaith Outreach and Community Partners requesting funding for a project The Council continued the CDBG hearing from the March 10th meeting to enable staff to research the issue of the 15% cap on public service funding and to contact the lOCP regarding a funding request. The 15% cap on funding for public services is a requirement of the CDBG program. This cap is applied to the total of $2.7 million in CDBG funds received by the County. Because the amount allocate by Orono toward public services is a very small percentage of the total cap, Orono does have some flexibility in exceeding the 15% cap. However, both the City and the public service agencies should be careful about creating an ongoing reliance on a funding source that, although it has been stable for quite a few years, is not guaranteed into the future. This is why many of the projects funded by CDBG are one time projects. The lOCP has requested a grant of $2,000 to match a grant from the Minnesota Housing Finance Agency to hire a project manager for a low income home buyership program. Several possible allocations of the $25,700 CDBG funding amount are as follows: Agency/Project WECAN Westonka Intervention lOCP Housing Rehabilitation Park Planning yA $ 1,000 1,000 1,000 20,000 2,700 $25,700 1 1 2 20 1 B 000 000 000 000 700 C $ 1,900 1,900 1,900 20,000 $25,700 $25,700 The Housing Rehabilitation Grant cap is $10,000 per home. Most requests are very close to the cap. Larry Blackstad has recommended that allocations for Housing Rehabilitation be made in increments of $10,000, otherwise odd amounts will not be sufficient to fund a project and will be held until the next funding allocation is made. If the Council determines that the Housing Rehabilitation amount should be $10,000 vs. $20,000, there would be an additional $10,000 available to allocate to other projects. Projects approved in the past have included neighborhood park improvements and community planning. Isv ^■ii L?B *J <• J-4 tfs IM HI r :!• s C»1 •io<«fr»T»r» r«r^«wcf«tF;i Fri«M»r*1 ■fe'l «sEl iii::e3Cii>: •!,\lMiwLf^.wm:^. r=i«»ff Westonka Community Action Network ■Emergency Assistance "Meals on Wheels "Human Services 5600 Lynwood Blvd. Mound, MN 55364 (612) 472-0742 SERVICE AREA Greenfield Indeoendence Loretto Maple P'am Minnetonka Beach Minnetnsta Mound Rockford Spr«ng ParK St Bonitacius lonKa Bay Western Orono BOARD OF OtRECTORS Crtlg And«r«o^. Mtnnetrsfi i Si Son Rottco C^fl Mery OtVInnvy, yWsrofitJ Coorotnjfor RoMmATi* Ftbr»g«-Snydtr. Com.iyi/hry AMuntetf Ibm Oambld, Uxsi Bus4wssr'4f^ Gtlinit. StM H«rp#€tad. Comr^tjfrfy »o»unreff L*n Harrtll, MOUOO Po^Kf Vi! H«MOurg, Proloa Coontfosfof Mafgartt Scnooi SooM vverstr Miry Nurlty, fiJjC fOoanc^ Program FtvyMIt Jmmii. Mouod c.ry Counai Irvni Moroki. Mrj« <x» •vvfij Coofomotof JOk0% 1300. Si Usftms rv rnt lm* Pm Jiffy Ffitfowiid. Utes Sdnmr Mirdyn R«9#f, P' 0%# $003 Arfw Cjmrnfrif McfiM SimiHif. LOC3 UfOf^ Fr MMIimi Tigidf. Putof Jof LJtff tjf :ni ijm OMcft idd ToiRdAA. K«#d«i vmum, March 9f 1993 Mayor and Councilmembers of Orono PO Box 66 Crystal Bay, MN 55323 Dear Mayor and Councilmembers of Orono, WeCAN requests that the City of Orono renew your allocation to us of $1,000 from Community Development Block Gran*- Year XIX funds. We thank you again for your support of $1,000 from last year’s CDBG funds - you are an important reason for tiie successes WeCAN achieved in 1992! WeCAN is a community-based, nonprofit organization, dedicated to helping people achieve greater self-sufficiency by providing a wide variety of services to low-income residents in southwestern Hennepin County. WeCAN served 1,071 households in 1992. This includes 43 households in Orono, six of which utilized our Emergency Assistance Program and received $820 in rent and utility aid; six households received 704 nutritious home-delivered dinners in our Meals-On-Wheels program, 12 households participated in our Food and Nutrition Program; one household received budget counseling through our Financial Counseling Program, two households received 14 hours of family and individual counseling at the WeCAN office, and 16 hou«»eholds received public assistance application services. In addition we have been assessing community needs by reviewing 1990 vs. 1980 census data as part of our work on a community plan for affordable housing. Frank Buysee, Oron<-- resident an:’ rental property owner, is a member of WeCAN's Housing Task Force. Copies of census information about Orono is enclosed. wJCJi LaDean McWillians, Orono resident, and I will be at your March 22nd CDBG public hearing to make a short presentation about our request. Enclosed is additional information about WeCAN and our services, but please call me at 472-0742 if you ever have any questions or concerns. Sincerely, Kiki Scnnen WeCAN Executive Director enc vlAR 9 *i.C'S3 TO; THE CITY OF ORONO ORONO, MINNESOTA YEAR END REPORT FOR WESTONKA INTERVENTION FOR PERIOD MARCH 1992 - FEBRUARY 1993 VICTIM STATISTICS:^ Married with children Married without children Single with children Single without children Other relationships General assistance . . . SUBTOTAL REPEAT DOMESTICS 17 6 15 6 2 18 64 27 GRAND TOTAL Although 91 victims have been helped through Westonka Intervention, it must be remembered when reviewing these statistics that ongoing support is a very necessary part of the program and advocates may work with victims for several months. With this support, our clients arc able to change their situation and start to live healthier lives. ng closely with local pol:.^ departments, Westonka Intervention tlie coimiiunities of .Viound, Minnetrista, St. Bonifacius. Orono, Workin serves Long l.ake and Soring Park • ^proximately twenty thcnisand people. This community based nonprofit organization has been in existence since November of 1985. It has a board of thirteen members and seventeen volunteers. The board members arc as follows: 472-2141 . PO BOX34 • MOUND, MINNESOTA 55364 Craie Anderson St. noni - Minnclrisla Police Dept. H/f!_____CCti-.A *Minnetrista, MN 55364 Rob Meuwissen St. Boni - Minnetrista Police Dept. Minnetrista, MN 55364 Rhonda Enrich St. Bonifacius, MN 55375 Patti Guttonimson Spring Park, MN 55384 Len Harrell Mound Police Dept. Mound, MN 55364 John McKinley ce TDept. Mound, MN 55364 Mound Police Dan Hessburg Minnetrista, MN 55364 Jay Petersen Mound, MN 55364 Rosemarie Snyder Minnetrista, MN 55364 Connie Stahlbusch Mound, MN 55364 Rev. Michael Tegeder Mound, MN 55J64 Barb Thoinford Mound, MN 55364 Joan Underwood Spring Park, MN 55384 This request for CDBG Block Grant of $1000.00 is made so that Westomui Intervention can continue serving the Westonka area. Problem Statement . , . Violence is a fact of life in Minnesota and violent mmes are on ttm increase. The State Department of Correi'lion^ trstimates that 6o,000 doin«‘stic UBsaiilts occur in Minnesota annually. No coiimuinity is exempt from violent crimes, but prevention/intervention programs that exist within a comiminity according to the liCague of Women Voter ’s Study on Domestic Violence, April J990, "Appears to be ideal venues for responding to individuals who have been violent or at risk for violent behavior." Due to the demographics of the area, surrounded by lakes, the area is not easily accessible. This makes it difficult for county funded programs to service the area. Child protection workers, and the two closest shelters were not adequately servicing the area because of the long distance to travel. In fact, the West llennepin Human Services l^anning Hoard found tJiat the area is in dire need of social services including the area of domestic violence. Westonka Intervention, a local community based program, was created as a response to this need. Program Objective The objectives of the program are to increase the communities awareness of the problems of domestic violence, to provide victims with access to support, and decrease numbers of repeatea domestic violence. People are often not aware that domestic violence is an ongoing cycle that will keep reoccurring until there is an intervention. Once they understand that there is a way to arres* the pr blem or reduce the incidences, they will ask for help eithei or themselves or others. Batterers need specific treatment for their abusive behavior. "Abusive behavior is like alcoholism," according to Chuck Switzer (a former __ batterer) who ’s wife M’Liss is the author of CAIXED TO ACCOUNT. He says, "It gets progressively worse. The beatings get more intense and they occur more often." . . . Victims of domestic violence develop a very low self-esteem and begin to tliink there is no way out of the abusive situation. With support and encouragement, they are able to begin better lives for themselves. The most dangerous calls for police are domestics. Domestics can lead to murder ancTsuicidcs. "If an abuser doesn ’t ger treatment, sooner or later he/she ends up permanently maiming a person, killing someone, or killing him/hersclf," says Chuck Switzer. Keduced calls to a residence lessens the danger for police. Advocates aid our police 1^ taking oyer where the police are unable. It is difficult for a police officer to drive a victim to a shelter or hospital, and to tell the victims of his/her legal options when they are on cull and are short of time. METHODS ... , „ When the police departments make an arrest in a domestic assault call, the police dispatch cabs the primary volunteer crisis advocate on a beeper. The primary advocate contacts his or her partner and *hey then go to the home of the victim to offer support, safety, and legal ^ options. The advocate trained to provide key irJormation and assist the victim through the process of prosecution. The advocate gives eontinm ‘il support whether an Order of Protection is obtained or not. Whenever possible, the assailant is also inlormed of the consequences lie or slie now faces and the trealincnl profjrains available to help them to change their behavior. Instruction when receiving a call from the police departments ar<’ specific: ^Weekdavs between the hours of 5:00 p.m. and 8:00 a.m. On weekends roin Friday at 5:00 p.m. through Monday morning at 8:00 a.m.) 1. Officer makes an arrest based on probable cause. 2. Officer calls beeper number. 3. Advocate calls officer after beeper goes off. 4. Police identifies himself/lierself and briefly describes the situation giving the name, address, and telephone number of the victim. If no arrest has been made, or if there is substance abuse, advocates will arrange for a more appropriate meeting time and place. The crisis telephone is available betw'een the weekday hours of 8:00 a.m. through 5:0(f D.m. The police chiefs have committed their departments to this intervention process. The police response includes: clear departmental guidelines on arresting when probably cause exists; contacting Westonka Intervention when an arrest is made; referring victims to the project even if an arrest has not b<M?n made. Westonka Intervention arranges child care and transportation whenever necessary in order to maximize the accessibility of court services for victims. The project will escort victims and offenders to iipport groups. Arrangements and transportation to shelter, hospital .ml housing is also provided. s an Voluntijers contribute their time to Westonka Intervention in other ways besides being crisis advocates. A volunteer manages the crisis hotline daily from 8:00 a.m. to 5:00 p.m. Trained volunteers speak to local groups and organizations. A volunteer coordinates the monthly advocate schedule making sure the schedule flows smoothly and victim record sheets are being sent in. This volunteer keeps close contact with each advocates offering help where needed. Conclusion Sjnee 1084, VlV'stonka Intervention has assisted b'lO victims of domestic violence. This has been possible due to many volunteers and the continued support of the cities Westonka Intervention s«;rves. This coiiiniitinent not to accept violence as a fact of life in our eo nun uni ties, but to help men, women and children to lead more productive lives has allowed Westonka Intt'rveiilion to coniinut* to s<*rve our eoiiiiimnity iiieinbers tor the past seven years. 1 TO; FROM; DATE; Ron Moorse, City Administrator / John R. Gerhardson, Public Works Director March 15, 1993 ' •/ »// ' ^^9 SUBJECT: Letter of Authorization Sanitary Sewer Easement % As you may know we will have to acquire a sanitary sewer and road easement from the Department of Natural Resources (DNR) to serve one of the residents in the Stubbs Bay Sewer Area. A requirement of the permit from the DNR is authorization by the Council to a staff member to sign the permit application. I have proposed a letter for your review and Council review and approval. I o o • 1 1?*esbo^'^ CITYof ORONO Munk'iptti OfT^es PoKt OffWre Box 66 CnstaJ Bay. Minncsou 55323-0066 March 16, 1993 Commissioner of Minnesota Department of Natural Resources Bureau of Real Estate Management 500 Lafayette Road St. Paul, MN 55155-4030 To Whom It May Concern: This letter will serve as authorization for John R. Gerhardson, Public Works Director to acquire the necessary road and utility license permit, and easement on behalf of the City of Orono. The license permit and easement is for underground sanitary sewer and road across Government Lot 3, 1/4 1/4 12 of Section 5, Township 117, Range 23 Hennepin County. This authorization is for the above described license permit and or easement only. Edward J. Callahan, Mayor of City of Orono l> I f - 4T.' -»57 • J W - 4T.V0«I0 / - /f/ TO: FROM: DATE: SUBJECT: Ron Moorse, City Administrator John R. Gerhardson, Public Works Directc^ March 15, 1993 Temporary Employment Orono Gclf Course 4'. ^ V. %■ Each year it is necessary to employ temporary counter helpers and groundskeeper helpers at the Orono Golf Course. The following people have expressed an interest in returning for the 1993 season at the recommended rate and effective starting date. Jane Delaney Walter Mills Rodney Jenson Forest Sjostrom John Ross Dan Oas William McIntyre Doug Ericiccon Robert Dressel Groundkeeper Helper 5.90 Counter Helper 5.75 Counter Helper 5.15 Counter Helper 5.50 Counter Helper 5.50 Counter Helper 5.90 Counter Helper 5.50 Groundkeeper Helper 6.20 Groundkeeper Helper 5.15 per hr per hr per hr per hr per hr per hr per hr per hr per hr i^ril 5, April 9, i^ril 9, April 9, April 9, ;toril 9, May 15, May 15, June 1, 1993 1993 1993 1993 1993 1993 1993 1993 1993 /b • « LIST OF LICENSES FOR COUNCIL i'PPROVAL FOR MEETING OF MARCH 22, 1993 4-V/X/'v Septic System Installer: Jerry Johnson Excavating 2445 Morningside Road Long Lake V Sullivan's Utility Services, Inc, 3660 Hwy 101 Wayzata Volkenant Inc. 1030 County Road 83 Maple Plain 1 CITY of ORONO * (612) 473-7357 Post Office Box 66 Crystal Bay, MN 55323 SEPTIC SYSTEM INSTALLERS LICEJJSE APPLICATION All Questions must be answered. License fee, bond, certificate o. and evidence of MprA Certification tist be attacnec. All Spolicalions are subject to a ten (10) day appr- al period. 1. Business or trade name y, . o 4m • -- - - - - - - - - - - - —iZ—:—* - - - — , ^ Business address ^ . r- 3. 4. Business phone Res-i:dence phone Name of applicant or ccm^any.^resen^ative holding MPCA 5.Type of certification held: Certificate expiration date X! Installer Punoer 6.Have vou ever held a Septic System Installer license in Orcno before? I/a J .Most recent year J_j_ 7.Have you ever had a license revoked? Where? - - - - - - - - - --- - - - --- - --- - - - When? 8 . 9. Do you do Municipal Sewer hook-ups? Yes Do vou pump out septic tanks? .iTes -- - X No No X il’i OF Ol^O^C -TUiM-^rr "TTrc i mt < 1 'U ?■ 7f f WWV 50. OC,'t i rrj* wv*%/v SUBMITTALS REQUIRED: V-* J. VUi u-i7C t i ^ il^iTrLTO T*— 7 y iI t nniut I i.'U t M / \>‘ A nV'A IV//* AT/AO; ✓ Vw‘/ V// i<\. $50.00 License application fee. ^ _ ,^,4.., ,.fr orono as ~/^2. S2C00.00 license and permit J ac-^ot^d. y 3. SfO-foollOO.OOO mini:au.. Certif icat^ of ^surance. £-/p. SW "P'4. Copy of current MPCA Certificate.^^- LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED List persons other than applicant who are authorized by you to a.p y for permits under your license yy? The undersigned hereby makes application ^"^/^^Xstems! Minnesota, for a license to rhi^aws o? the S«te of and/or pump out septic tanks, subject to the law^ Minnesota and the Ordinances of the oiwV ^ Date ;/?//Applicant's Signature I T M ^ A USE ONLY Staff recommendation Approval Reason for denial: City Council Action Date Date license mailed Date Denied ‘101 CITY of ORONO SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION (612) 473-7357 Post Office Box 66 - ■ Crystal Bay, MN 55323 '^,093 All questions .ust be i"ru«tlcnf trrs^"b?lc\ °to a (10) day approval period. 1. 2. 3. 4. Business or trade name Sullivan's Business address 3660 H-w . Wavzata, S53_°l Business phone 473-4300 Residence phone 473- 3062 of applicant or company representative holding M?CA certification Patric.^> S. Sullivan - Donald .Sullivan ------------------- 5. Type of certification held:X Installer _X Pumper cS?ifi=atr;xpiration date 72^95 - 12-31^ o • Have you ever held a Septic System Installer license in Orono before? 'fes .Most recent year 1992_ 7.Have you ever had a license revoked? Where? NO When?!-^v f'C noniin JL t I U'MUITUr.rrTrr 8. 9. Do you do Municipal Sewer hook-ups? Yes _J<_ Do you pump out septic tanks? Yes _J< No No -------f ■ nji w • « » •cn * xuim i Ja A vvv' — .•? i rz\j rirrv r.-i .•h'V W* V • VV r,-» ,V» - k/V'.VV ix£iLEIPT-T}^K you4 Jjj:. -i7/?/V'C SUBMITTALS REQUIRED: 1. $50.00 License application fee. . ^ orono as - '^3. itJiioolloS^Oof minimiTcer?if!“ of TH?urance. ^^4. Copy of current MPCA Certificate. LICENSES WILL NOT BE PROCESSED DNTIL ALL ITEMS ARE SOBMITTED List persons other than aPPliaant who are for permits under your license to suriiva- - - - - - - - - - - - - 1 Date The undersigned hereby makes *sept^^^ Minnesota, for a license to ina«li the State of and/or pump out septic tanks, subjecw ^ tn Minnesota and the Ordinances of the CUTf^ of Or ^ r-4J> X ku^■?- 9-93 Applicant's Signature -M- -- - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Staff recommendation Approval Denial CITY Reason for denial: USE ONLY City Council Action Date Date license mailed _ __ Approved Date 3-/0'‘fS. Denied CITY" of OKONO SEPTIC SYSTEM INSTALLERS application (612) 473-7357 Post Orfice Bex 66 Crystal Bay# MN 55323 All questions must be ?tr;che “'\r! iSriicaficnrl^l's^b jlSt t'o "■ ten (l5)-d-ay eporov. 1 period. 1. Business or tra^e nair.e Volkenant Inc 2. Business address 1030 Countv Rd 83 Manle Plain Mn 5 3339_ 3. 4. 5. Business phone ^79-1517____ .Residence phone Name of applicant or company representative holdinj MPCA certification T^nn V'olkenant. Installer X Pumper 71 nor 1003 Tvoe of certification held: Certificate expiration date Ha"“ vou ever held a Settle System Installer license *0; fir i«&' Orono before? Yes _ Most'recent year _1022_ Have you ever had a license revoked? -sin When? Where? _ _ 8 9 11I k. r:.--* r*w'k' • V « Vv Do you do Municipal Sewer hook-ups; /e. Do you pump cut oeptic tanks? Ye.t -- - No l'l rr“DT,.rumr vnt tIsuLLa* f * nnt\f \ »Lfu ^ * T* f' ! U’ W* A «1 V .'tT/fVt.^/ X X SUBMITTALS REQUIRED: ■PKID * / c • naming City of Orono ^ 11 'not be acceptednh^ioee. The State riumoeri oouu -ij.4. -- - - - -^ y $50-100-300,000 ninimun Certificate of Insurance, Copy of current MPCA Certificate. licenses will not be processed until au, items are submitted List persons other than applicant who are aut.horized by you to apply for permits under your license - - - --- - - - - - - - --- - - - - - - -- ~ The undersicned hereby makes application to the Minnesota, for . license to install Stlte'of and/or piimD out septic tankSf subject to the 1 Minnesota and the Ordinances of the City or Orono. Date ^ ~ ^AoDlicant s Signature ■ u^ «» r> —'"V USE ONLY Staff recommendation Atoreval denial Reason for denial: _ _ _ _ _ _ _ _ _ _ City Council Action Date _ _ _ _ Date license mailed __ _ _ _ _ _ _ _ Date i '“/S' .Approved Denied ' I /6 %o t . ^ kS ^■y*y*.* ** i • 1^'" • f» •- **^. • •**''* ' .'i • ■* » (: t ’ -i>-| .^^^(i/•.*^; <?»•»*•. r' -> . . .* . • - . ■ - *•w* i *• -, ,t. ::. » . ■• • i. - o. i.. • r - :- '' 03/31/93 PR: CM PRREGOR 165 EMP # NAME DPT 469188026 CALLAHAN. EDWARD 18324677 GOETTEN. J DIANN 470366069 HURR. JOELLEN L 473646272 JABBOUR. GABRIEL 476527186 KELLEY. CHARLES 11 11 11 11 11 03/14/93 PR: CB PRREGOR 166 EMP # NAME DPT 471688060 474563339 476921819 471840871 475443862 472503991 469526026 475989721 468821018 472529007 46''701868 50/585424 469686562 468420832 469087884 474667812 475380151 47 75006C6 475444249 477463877 471569863 477647279 475604753 504260307 472500574 121262417 480843542 477700023 334506281 477028779 468909535 476783251 470700901 469848107 475382983 473746173 470566529 469629194 475569177 2d7460042 472563051 474663296 470704904 475505292 468629488 500403192 477881539 P R HANSEN. HANSING HASEMAN JOHNSON ANDERSON. BRUCE L BOBZIEN. SUE A BORIS. SCOTT W BOSMA. JAMIE L BRINKHAUS. JOHN F CHESWICK. GARY 8 CORNICK. JAMrs L DEMBOUSKI. JAY C ENGLISH m. IRVING ERICKSON KURT R FISCHENICH. DAN T FRITZLER. JOHN M GAFFRON. MICHAEL GERHARDSON. JOHN GOMAN. DAVID J GREGORY. JAMES D HALtIN. DOROTHY M STEVEN C CAROL J CAROLE BRADLEY P KARNITZ. RICKY D KENNEN. JANICE M KNUTSON. CHARLOTTE A KUEHN THOMAS M MABUStH. JEANNE A MCNICHOLS. DAVID L MOORSE. RONALD J MOROWCZYNSKI, JAMES NELSON. DAVID D OBERAIGNER. SCOTT G OBRIEN. RANDY L OMAN. LYLE E PALMER. GREGORY A QUASI. WAYNE A RATHBUN. BARRY J SCHOENHOFF. JOHN B SKREEN, DALE S STEFFENHAGEN. RONALD SULLIVAN, STEPHEN X THOMTON. MARK R TOMCHECK. LAWRENCE F TOMCZYK. MARK W VANG. BRUCE L VEE. LINDA S WALTER:. LINDA G WECKMAN. STEPHEN J 31 31 31 12 42 31 31 31 31 31 31 31 . 33 42 35 42 12 42 31 12 31 31 31 15 15 33 31 12 31 35 42 92 33 42 92 92 31 42 93 31 31 31 31 33 12 15 33 YTD GROSS CURRENT GROSS 900 00 300 00 725 01 241.67 725.01 241.67 7i5.01 2J1.67 725.01 241.67 1.266.68 YTD CURRENT GROSS GROSS 10J68 65 1636 04 6206.11 1014 64 1636.96 116 90 3632.77 570.99 9631 25 1611.67 10085.76 1680.96 9882 57 1509.76 8228.06 1401.66 9866.27 1838.19 9556 .76 1568 40 10180 53 1566 38 9881 80 1646.96 3805 12 1473 43 12282 97 1937 43 .141.48 168.39 8615.13 1163.05 7585 08 1.269.28 7598.86 1245.77 3609 29 366.00 5516 63 930.32 9997.17 1612.51 «2A,56 74.39 J- X .68 241 03 6U82.45 1033 66 12953.41 2167 60 11026.81 1845.20 7545.15 1187.21 14415 31 2311 .84 9641 82 1568 40 908 75 165.32 7578 45 1029 .12 774S.74 1367 65 8805 12 1473 43 6777.04 1029 .11 8702.99 1366 30 7528.73 1083.29 2833.49 566.42 7333.47 1083.28 7585.08 1269.28 12305.58 2059.20 9101.32 1509.76 9040.75 1679.61 9512.46 1568 40 7585 08 1269.28 5786.91 972.97 4658 97 392.02 6680 60 1117.92 A dBi flatIBP 57,960 42 •V • >-• i ' ’' Vi';:' r. " -'T i • • - r- j - i •-* • - 1 r. % i *- i Ji COUNCIL ChtCK REQISTF!? WED. MAR 17. 1993. 8; 45 PMCHECK NO t'<CCK DATE CHECK AMOUNT P*ge ;VENDOR ACCOUNT PODESCRIPTIOol NUMBER INVOICE NO NUMBER MANUAL < • > $14.22 $14.22* A T 4 T TELEPHONE 0549-4320 000132 IP 27604 <•> 1993/03/22 $99.13 $99.13* A-1 MINNETONKA RENT PAINT SHELVES 0099-4343 01047897-02 IP 27bJ5 <•> 1993/03/22 $210.05 $210.05*AIL STAR ELECTRIC REPAIR LIGHT-POST OFFICE 0099-4343 9267-13 IP 27606 <• > 1993/03/22 1993/03/22 1993/03/22 $176.45 $116.00 $113.24 $405.69* AMERICAN NATL BANK AMERICAN NATl BANK AMERICAN NATL BANK BOND PAYING AGENT FEES BOND PAYING AGENT FEES BOND PAYING AGENT FEES 0912-46S0 0909- 4630 0910- 4630 000133 000133 000133 IP IP IP 27607 <•> 1993/03/22 $40.00 $40.00* ANDERSON-BRUCE WITHHOLDING REFUND 0129-4151 000134 IP 27608 <•> 1993/03/22 Ai93/03/22 1993/03/22 1993/03/22 $200.00 $150.00 $100.00 $50.00 $500.00* APPLE VALLEY AGENCY APPLE VALLEY AGENCY APPLE VALLEY AGENCY APPLE VALLEY AGENCY INS-COMPUTERS INS-COMPUTERS INS-COMPUTERS INS-COMPUTcRS 0039-4373 0069-4373 0129-4373 0174-4373 2893 2893 2893 2893 IP IP IP IP 27600 < • > 1993/03/22 1993/03/22 1993/03/22 1993/03/22 1993/03/22 $31.20 $31.20 $31.20 $31.20 $31.20 $156.00* ASCOM MAILING SYSTEM ASCOM MAILING SYSTEM ASCOM MAILING SYSTEM ASCOM MAILING SYSTEM ' ASCOM MAILING SYSTEM ’ METER RENTAL 4/1-6/30 METER RENTAL 4/1-6/30 METER RENTAL 4/1-6/30 METER RENTAL 4/1-6/30 METER RENTAL 4/1-6/30 0039-432* 0069-4321 0174-4321 0249-4321 0569-4321 330435 330435 330435 330435 330435 IP IP IP IP IP 27610 <•> 1993/03/22 1993/03/22 1993/03/22 $146 97 $175.73 $53.25 $375.95* BLACKOWIAK 4 SONS BLACKOWIAK 4 SONS BLACKOWIAK 4 SONS TRASH HAUL FEB TRASH HAUL FEB TRASH HAUL FEB 0099-4J43 0290-4343 0129-4343 97056 97086M 97099 IP IP IP 27611 <• > 1993/03/22 1993/03/22 1993/03/22 1993/03/22 $700 50 $100.00 $160.00 $904.15 $1.864.65* BONESTROO ROSENE ASN BONESTROO ROSENE ASN BONESTROO ROSENE ASN BONESTROO ROSENE ASN ENG CONSULT JAN ENG RETAINER JAN OR SWR PLANT SUBDI1780 TOPO MAPS BASE WORK 0840-4305 0200-4304 0200-4305 0427-4305 023646 023646 023646 023646 IP IP IP IP 27612 <•> 1993/03/22 $11.20 $11.20* BOSMA.JAMIE MILEAGE-DELIVER MAIL 0033-4381 000135 IP 27613 < • > 1993/03/22 $318 50 $318.50* BRAUN INTERTEC ENG ENG-FUEL tank PAD 0484-4305 009697 IP 27614 <• > 1893/03/22 $289 '0 $285 50* BURTON EQUIPMENT INC SHELVINQ-ADMIN BLDG 0482-4540 351Q3M IP 27615 <• > 1893/03/22 $4,118.00 $4,116.00*CITY COUNTY CREDIT UNION WH 4 TRANSFERRED CCU 9999-2030 00C192 IP 27616 1993/03/22 # $19,048.00 CITY OF LONG LAKI.2ND OTR FIRE SERVICE 0130-4315 C00151 IP 4 COUNCIL CHECK REGISTER WED. MAR 17. 1993. 8:45 PM page 2CHECK NO CHECK DATE <• >27617 <•> CHECK AMOUNT$19,048.00*$15.60$67.58 $83.18* $18,412.01 $16.412.01* $51 00 $51.00* $298.31 $298.31* $133.56 $133.56* $218.33 $218.33* $40.00 $40.00* $40.00 $40.00* $10.00 $10.00* $40.00 $40.00* $16.60 $16.60* $8,448 91 $8,448.91* $2,623.24 $2.623 24* $35,367.68 $35,367.68* $210 58 $12.54 $18.80 $14.31 $50 51 $306.74* $4,686.00 $4,886.00* VENDOR DESCRIPTION ACCOUNTNUMBER INVOICE NO NUMBER MANUAL1993/03/221993/03/22 27611 <*> 27619 <• > 27620 <• > 27621 < • > 27622 <•> 27623 <*> 27624 <•> 27625 <*> 27626 <• > 27627 <•> 27628 <• > 27629 > 27630 <* > 27631 27632 <• > 1993/03/22 1993/03/22 1993/03/22 1993/03/22 1993/03/22 1993/03/22 1193/03/22 1993/03/22 1993/03/22 1003/03/22 1993/03/22 1993/03/22 1993/03/22 1993/03/22 1993/03/22 1993/03/22 1903/03/22 1993/03/22 1993/03/22 CITY OF LONG LAKE . CITY OF LONG LAKE CITY OF MOUND CITYVIEW PLM6Q & HTG COLONIAL LIFE INS CO COLONIAL LIFE INS COPY DUP PR INC FLASHER WILLOW-HWY 12 HARRINGTON LS FEB 2ND OTR FIRE SERVICE HEATER REPAIR-GARAGE 0249-4324 000152 0569-4344 000153 0132-4317 817-2M 0569-4343 13851H MAR INS (INCL FEB CORR) 0129-4152 000136 CORNICK. JAMES DAVID MCNICHOLS DIXIE PETRO-CHEM ENGLISH IRVING ERICKSON/KURT INS WH COPIES-FEE WITHHOLDING REFUND WITHHOLDING REFUND DEMMURAGE FEB WITHHOLDING REFUND WITHHOLDING REFUND 9999-2030 000189 0129-4210 01688723 0129-4151 000137 0129-415'. 000183 0549-4234 D00960970 0129-4151 000140 0129-4352 000139 FIRST NATIONAL BANK OF LA WITHHELD FED/MEDCR/FICA 9999-2030 000185 FIRST NATIONAL BANK OF LA CITY SHARE FICA/MEDCR FIRST NATIONAL BANK OF LA NET PAYROLL TRANSFER 9999-2030 000186 9999-2030 000184 GENUINE PARTS CO GENUINE HARTS CO GENUINE PARTS CO GENUINE PARTS CO GENUINE PARTS CO GOLF CAR MIDWEST EQUIPMENT PARTS EQUIPMENT PARTS EQUIPMENT PARTS EQUIPMENT PARTS BLDG MAINT SUPPLIES vandalism-golf COURSE 0249 0549 0569 0129 0099 4232 4232 4232 4232 4231 000143 000143 000143 000143 000143 IPIP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP 0590-4393 930314 ( • 27642 <•> 1993/03/22 $30.00 S30.00* ICMA RETIREMENT TRUS1 27643 <• > 1993/03/22 $40.00 $40.00* lOHNSON/BRADLEY 27644 < * > 1903/03/22 $21.50 $21.56* KNUTSON. CHARLOTTE 27645 <•> 1993/03/22 S9.14 $8.14* KOEHNENS STANDARD 27646 <•> 1993/03/22 1993/03/22 1993/03/22 1993/03/22 $27.00 $27.00 $27.00 $27.00 $108.00* LEAGUE OF MN CITIES LEAGUE CF MN CITIES ..FAGUE OF MN CITIES LEAGUE OF MN CITIES 27647 <•> 1993/03/'»21993/03/22 1993/03/22 1993/03/22 $529 00 $56.00 $130.50 $186.50 $902.00* LONG LAKE GLASS LONG LAKE GLASS LONG LAKE GLASS LONG LAKE GLASS 27648 1093/03/22 1993/03/22 $55.77 $125.10 lONQ LK FORD TRACTOR LONG LK FCRD TRACTOR page 3ACCOUNTNUMBERINVOICE NO PONUMBER MANUAL0549-4306 000141 0589-4306 000141M 0174-4356 000142 9999-2030 0001850039-4381 0001450080-4358 0010179999-2030 0001989999-2030 0001910355-4306 0001440099-4343 01090648-29999-2C30 000193 0129-4151 000146 0069-4381 000148 0129-4341 000147 0030-4240 11385 0069-4240 11385 0129-4240 11385 0249-4240 11385 ' 0249-4341 00014<» 0549-4341 00C149 0569-4341 000149 0290-4341 000149 U249-4232 162965 0249-4342 163080 -I ‘ ‘if COUNCIL CHECK REGISTER WED. MAR 17. 1993. 8:45 PMCHECK NO < * >27649 <» >276'CHECK DATE CHECK AMOUNT27651 <» >27652 <• >2765327654 <•> <•> 27658 <• > 27659 < • > 27660 <• > 1993/03/22’993/03/22)93/03/22*993/03/221993/03/221993/03/221993/03/221993/03/221993/03/221993/03/221993/03/221993/03/22 1993/03/22 1993/03/22 1993/03/22 1993/03/22 1993/03/22 1993/03/22 1993/03/22 1993/03/22 1993/03/22 1993/03/22 .993/03/22 .993/03/22 1993/03/22 1993/03/22 1993/03/22 27661 1993/03/22 $180.87*$838.84$838.84*$417.91 f146.90 $146 90 $547.02 $1,253.73*$21,629.00$21,629.00*$339.82$339.82*$278.65$49.16$21.72-$10.60$338.93*$30.65 $30.65* $25.00 $50 00 $75.00* $13.00 $14.00 $2,586.88 $2,613.88* $152.67 $152.67 $105.05 $105.05 $31.52 $73.54 $265.92 $886.42* $50.00 $50.00* $100.00 $100.00* $120.00 $120.00* VENDORMARTINS NAVARRE 66KFD CENTER HEALTH PLAN MED CENTER HEALTH PLANMED CENTER HEALTH PLAN MED CENTER HEALTH PLANMETRO WASTEMIDWEST ASPHALTMIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST BSNS PRODMINNEGASCO MINNESOTA DEPT OF PUBL MINNESOTA DEPT OF PUBL DESCRIPTIONMAINT AUTOS-FEBHOSP INS-APRIL HOSP INS-APRIL HOSP INS-APRIL HOSP INS-APRILAPRIL SEWER SERVICEWINTER MIXOFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES CREDIT FOR RETURNHEAT FEB HAZARDOUS CHEM FEE HAZARDOUS CHEM FEE MINNESOTA DEPT OF REVENUE SALES TAX FEB MINNESOTA DEPT OF REVENUE SALES TAX FEB MINNESOTA DEPT OF REVENUE STATE TAX WITHHELD ACCOUNTNUMBER INVOICE NO PONUMBER0129-4341 0001610249-41510069-41510129-41510174-41519673-12820249-42330129-42100039-42100069-42100129-4210 10527391052739105273910527395148049325184798364798364798364798360129-4324 000157 0249-4383 0549-4383 9001-3500 9001-3500 9999-2030 MN CORRECTIONAL MN CORRECTIONAL MN CORRECTIONAL MN CORRECTIONAL MN CORRECTIONAL MN CORRECTIONAL MN CORRECTIONAL FACILITY FACILITY FACILITY FACILITY FACILITY FACILITY FACILITY LETTERHEAD LETTERHEAD LETTERHEAD LETTERHEAD LETTERHEAD LETTERHEAD LETTERHEAD ENV-RESOLUTION ENV-RESOLUTION ENVELOPES ENVELOPES ENVELOPES ENVELOPES BUSNS CDS-FORM 0039 0174 0069 0249 0549 0569 0129 4210 4210 4210 4210 4210 4210 4210 000155 000155 000199 000199 000187 967 967 967 967 967 967 968 MN DNR-DIV OF WATERS IRRIGATION PERMIT MN ST^TE RETIREMENT-DEF C WH DEF COMP MN-S.C.I.A./DIANE VACEK TRAINING SYMPOSIUM $10.30 MOROWCZYNSKI/JAMES TRAINING SUPPLIES 0590-4383 9999-2030 0129-4356 0129-4241 page 4MANUAL . -• ECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNTNUMBER INVOICE NO PONUMBER MANUAL27671 < • >1993/03/22 $3,379.21 $3.379.21*PERA PERA WH 9999-2030 000194 IP27672<•>1993/03/221993/03/221993/03/22 $102.13$770.58$118.55$991.26*PERRYS TRUCK REPAIR' PERRYS TRUCK REPAIR PERRYS TRUCK REPAIR REPAIR WATER TANK REP SNOW PLOWS ACCIDENT REPAIRS 1157 0590-43420249-43410185-4341 1012910732226 IPIPIP27673 <* >1993/03/22 $32,262.00$32,262.00*PITT-DES MOINES INC WTR TOWER RFDI5 0438-4531 000173 IP27674 <• >1993/03/22 $125.42$125.42*PRAIRIE OFFSET INSPECTION NOTICES 0174-4210 10093 IP27875<•>1983/03/22 $4,765.70$4,785.70*PUBLIC EMPL RET ASSN PERA 2/15-2/28/93 9999-2031 000172 IP27676<•>1993/03/22 $213.00$213.00*REO RAJ KENNELS ANIMAL CARE-JAN 0185-4360 000174 IP27677<»>1993/03/22 $11.84$11.84*RETTINGER UNION 76 KEROSENE 0249-4220 03269M IP27678<•>1993/03/221993/03/22 $10.95$52.49$63.44*RITZ CAMERA RITZ CAMERA IROLF E ERICKSON 'ROLF E ERICKSON *ROLF E ERICKSON FILM PROCESSING PROCESSING 4 FILM 0129-42100129-4210 37618843762246 IPIP27679<*>1993/03/221993/03/221993/03/22 $5,840.00$29.00$162.14$6,031.14*ASSESSING FEE APRIL POSTAGE APRIL SUPPLIES 0059-43070059-43210059-4210 000138000138000138 IPIPIP 27680 <»> 1993/03/22 $1,881.79 $1,881.79* ROLLINS OIL CO GASOLINE 9001-1260 10203 ■ IP 27681 <«> 1993/03/22 1993/03/22 $81.64 $170.21 $251.85* RYAN FORD RYAN FORD BRAKES 1165 BRAKES 1166 0129-4341 0129-4341 36600-37412 36600-37412 IP IP 27682 <»> 1993/03/22 $58.39 $58.39* SCHA.BER & SONS INC EQUIP PARTS 755JD 0290-4232 A8854M IP 27603 <•> 1993/03/22 $72.95 $72.95* SOS PRINTING DARE GRADUATION CERTCTS 0129-4243 43185 IP 27684 <•> 1993/03/22 $225.00 $225.00* STRQAR ROSCOE FAUSCH TH12 STUDY 0299-4306 12 IP 27685 <•> 1993/03/22 1993/03/22 1993/03/22 $77.01 $37.37 $50.83 $165.21* THE LAt.ER THE LAKER THE LAKER PUBLISH LEGAL NOTICES PUBLICH LEGAL NOTICES PUBLICH LEGAL NOTICES 0174-4322 0249-4322 0020-4322 000150 000150 000150 IP IP IP.. 27686 > 1993/03/22 $4.60 THOMTON, MARK WITHHOLDING REFUND 0129-4352 000177 IP NUMBER INVOICE NO NUMBER MANUAL0129-4151 000176 IP0129-4151 000175 IP0D99-4349 000178 IP0129-4349 000178 IP0590-4324 8320/7915 IP0590-4324 8320/7915 IP9999-2030 000188 IP0249-4320 000179 IP0549-4320 000179 IP0590-4323 000180 IP0549-4234 433870-43387 IP 0129-4356 000182 IP 0174-4381 000181 IP 0549-4345 11713 IP 0249-42?85074 IP / ^ 1 I :TiT7Ti TO: FROM: DATE: Mayor and City Council Ron Moorsc, City Administrator March 18, 1993 SUBJECT: Release of Escrow Amount Related to Resolution of v>ity Facilities Land Ownership Legal Issues The agreement for the purchase of the lan-^ for the new city facilities included the escrowing of $75,000 of the purchase price for potential use in resolving a dispute over the ownership of the property. A development group which had purchased an option on the property had sued the former property owner, taking the position that their option had not lapsed at the time the land was sold to the city. The District Court found in favor of the property owner. This decision was upheld at the Appellate Court. The time period for further appeal to the Supreme Court has now run out. The City Attorney has suggested that because the ownership issue is iiow resolved the City can release the $75,000 from escrow. TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator March IP, 1993 SUBJECT: City's Response to Legislation Concerning the Special Levy to Fund the LMCD Legislation is currently being proposed that would c]imi.iate the limitation on the special levy cities can use to fund the LMCD. The special levy for city funding of the LMCD was put in place to provide a method for cities to fund the LMCD. The legislation which created the LMCD provided cities with a special levy authority to enable them to fund the LMCD outside of the cities' general levy limits. The special levy authority was limited to .00242 percent of taxable value. Although the statute gave the LMCD authority to set their own budget the limit on the special levy served as at least a defacto limit on LMCD spending. It was probably conceived as a limit on LMCD spending by both the cities and the Legislature when the statute was first passed. The proposed bill is now intended to clean up technical issues created when the general levy limits on cil were eliminated. When viewed in terms of the elimination of general levy limits, the legislation makes sense since a special levy authority is not neeaed if there is no longer a levy limit. However, from the perspective of eliminating at least a defacto spending limit on the LMCD, the City of Orono has a major concern with the legislation. The ToMCD governing board is appointed, not directly elected, and so is not directly accountable to the citizens or to the cities which make up its membership. Yet it has the authority to set budget levels and to require cities to provide funding at those budget levels subject only to review by the cities n_Qt approval by the Cxties. It is important that as the levy limits are eliminated and along with then any indication of a reasonable level of funding to be provided to the LMCD by cities, they be replaced with a limit on the amount of funding the LMCD can require from cities. Otherwise the LMCD, an un-elected body, would have the ability to demand an unlimited amount of funding from cities subject only to 3/4 of the cities becoming sufficiently upset to vote to disband the organization. A simple way to do this is to replace the .00242 percent levy limit with a .00242 percent limit on the amount of funding to be reqpair*- from cities. Some flexibility could be added to this limitai ior by allowing the LMCD to request funding beyond the limit upon ap;roval by 3/4 of the member cities. TO:Mayor and City Council FROM:Ron Moorse, City Administrator DATE:March 18, 1993 SUBJECT: Open House Plan'’ At the March 8th Council meeting Council indicated approval of the preliminary plans for the open house. As staff has discussed the open house plans further several new suggestions have been made. 1. 2. The date was originally set as Sunday, May 23rd. The Architect and Construction M->.nager have indicated that work on landscaping will not begin until at least early May. They suggested the open house be scheduled for sometime in mid-June. The Sundays in June are the 13th, 20th and 27th. June 13 is the Sunday following tlie Orono High School commencement. This may conflict with graduation receptions. June 20th, is Father's Day. Please check your calendars so that a new date can be selected at the Council meeting. The Police Officers have requested that the Police building be dedicated to the memory of Winton Bv.rmaster, who was the Assistant Police Chief from 1962 to 1986. He was a very well liked and respected memtber of the department and represents a very positive tradition for the Police Department. I have attached a letter from the Police Benevolent Association indicating their proposal to purchase a plaque to recognize Mr. Burmaster. If the Council concurs with this proposal the Council may Wct'.t to add the Police Building dedication ceremony to the schedule of events for the open house. 3.Several vendors have approached me regarding whether the City has any interest in purchasing mementos of the open house celebration to be given to those who attend. These could include; pens, pencils or other small items with some inscription related to the open house. The invitations and programs for the event will in themselves serve as mementos as will the newsletter article. If the Council decides that additional mementos should be provided staff will follow though with appropriate vendors. March 16, 1993 Orono City Council Members Orono City Hall 2750 Kelley Parkway Orono, Minnesota 35356 Dear Mayor and Council Members, 1 am writing to you on behalf of the Orono Police Department Benevolence Association. The members of the Association have expressed interest in purchasing a bronze plaque in memory of the former Assistant Chief of Police Win'on Burmaster and displaying it in the secured lobby of the police facility. Winton Burmaster was not only a resident of the city, but a long time employee from 1962 through 1986. He serv'ed in the capacity of patrol officer. Sergeant and Assistant Chief of Police. We are now seeking the Councils approval to purchase and place a 9 x 11 inch bronze plaque with the Orono police badge located at the top of the plaque and, "This Orono Police Facility is dedicated in memory of Winton Burmaster, former Orono Assistant Police Chief 1962 to 1986" written below. 'Hie plaqur^ would be purchased by the Benevolerce Association at no e.xpense to the City and mounted in the secured lobby of the police facility at a location chosen by the Chief of Police. Any expenses incurred would be paid for by the Benevolent Association. I am enclosing for your information a copy of a catalog page showing the type of phuiue that we would purchase. I have also included a copy of the resolution by the Orono City Council regarding Winton Burmaster dated June 14, 1986. If any member of the Council has further questions, we would be more than happy to provide any information that wc can. It is our hope that the Council gives permission tor the Benevolent Association to purchase the plaque in time to have it mounted for the 'Open House" scheduled for the liew' City facilities. Sincerely, Officer James Morowc/ynski Secretary, Orono Police Benevolent A.ssociation JM/jk DEDICATION AND MEMORIAL PLAQUESBRONZE - HOLLY,.. BRONZE - ALUMINUM /T -■'h'' * • X i ^ A IflCHAtf. I. WTTbblil OUM - <y ; Bronze 3-Dimension mn mr :-0mM ‘■■..SSK'Ot:: ssess? Aluminum Holly.» Bronze 2-Oit.:ension rss;• .ij-. • -I:•tnict«r« caiio«clis< Uim. U U$ rlliMM M Rg s®r->v*S'7s»->4 T«wn lUO. lb« ^rw Ubtwtf VutU^ ttuil dH mw C* ■ '.i». IWftrO^.V.g Frtnuuy/J^jy. Aluminum - Holly.^ Bronze iir>- "Kl .-uLv Aluminum Holly-, Bronze asurr^*^: mm Aluminum ilwOVaf s^wSRai^ p\--'-:-TRUSTEE8 ^': y !-• - a ^'■ KiUye SHBRIWIH0UWDN4 I ARU>8PRD0yaK * rfaiqTO.lDUW C.kNb«-KMOM>tOGOCATCDanr v- .y. rt^y- Bronze i ,yjl^ im *’.*!(?>'. *-^s» Aluminum AOHilMTIUTibr ■ ■ tft«»ei«» W::' Aluminum PRICIIIG FIGURED AT BRONZE S2.00 SO. IN HOLLY,„ BRONZE 1.17 SO. IN. ALUf.'INUM 1.00 SO. IN ADD $.42 PER LETTER AND PUNCTUATION MARKS. EXTRA CHARGE FOR LOGOS, EMBLEMS AND PICTUIIRS. WHEN ORDERriG INDICATE WHICH DIMENSION IS THE HEIGHT AND WHICH IS THE WIDTH. CHOOSE LEHER STYLE AND COLOR FROM PAGE 3. REQUEST QUOTE ON SPECIAL LETTERING. CAMERA liEADY COPY OR QUANTITY ORDERS. PLAGUE DELIVERY SHIPPING SCHEDULE IS 3ASED ON 5 DAY W'CRK WEEK. MOST OEDERi; ARE SHIPPED WITHIN 15-20 WORK days . Rf per TO PG. 3 FOR PRIC­ ING ON RUSH ORDERS. ANY SIZE AVAILABLE ANY SIZE OVER 30" x 40" MUST BE QUOTED f^fiiciriG examples /‘.DO $ 42 I ER CHA mACTLR TO PR.YES .RELO.V APD Si6 67 FOR STOCK LOGO BRCN'ZE HOLLY .BRO.S2E ALUMiNl 5X16 $ iroc3 $ 93f0 $ bO.OD 6X12 144 CO 84:4 72 00 9X11 193.C0 115 53 99 CO 10X14 2sD.00 1C3.SD 140 00 10X22 440.00 ::7,4.i 220.C0 12X12 283 CO 163 3 144 C3 12X15 :-':o.oo :i: ‘‘a 160 CO 12X13 432 00 :52.72 215 CO 12X20 460.CO 250 : 3 240 CO 12X24 57t CO 376 '.-e 2 3,00 17X36 1224 CO 716 04 e'2oo icxro 722 00 421 23 3 0 00 16X14 6v4 CO 5C5 44 4'2 00 24X24 1152 CO 673 92 5 76 CO 14X36 1 ., 3 c:1 w 10 0 ij 6C4 CO 24X43 23w4CC 1247 84 r 22 00 24X6G 3163 OJ 1?53 23 r54 00 2aX2B 15C3 00 ^7 23 7o4 00 2ax')6 1016 CO 11 i Mj 10:.^ 00 15X31 MINIMUM 1/5iK0 K .1 39} DO PRICE 36 C3 m v;1-! ‘1 BRO.NZE plaques HAVE STATU­ TORY BROWN BACKGROUND WITH POLi.THED BRONZE LETIrRS UNLESS ANOTHER COLOR IS SPECiriED. ENTIRE PLAQUE IS COVERED V7ITH CLEAR GLOSS COATING FOR LONG Ll.' E WITH­ OUT FADING. IF YOU WANT FLAT OR MATTE FINISH. IT MUST BE REQUESTED. RAISI D SURFACES ARE POLISHED ON ENAMELED ALUMINUM PLAQUES. ANTIQUED GOLD. ANTIQUED COPPl R OR F’EWTER FINISHED PLAQUES MA’' HAVE POLISHED OR UNPOLISHED SUR­ FACES. QUOTE Will BE MADE AFTER RECEIVIfJG LAYOUT PENCIL RUB­ BING PROVIDED ON FIRM ORDf RS STUDS, GLUE, TEMPLATE AND INSTfiUCTIONS FOR MOU'ITING INCLUDED IN THE CASTlNr, PROCE ' S THERE MAY EE A VARIANCE OF ARPROXiMA 1 ELY 1 i>" PLUS CR MINUS IN SIZE OF PLAQUE TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator March 10, 1993 -y SUB.7ECT: Newsletter Articles The following is a tentative list cf artic? for the Spring newsletter. Several of these articles are attac.ed. 1. MWCC sewer charges and infiltration and inflow problems 2. 3. 4 . 5. 6 . 7. 8 . 9.’ 10. 11. 12. Recycling City clean up day Elimination of cigarette sales at the municipal golf course Road closings related to planned improvement projects Summer parks facilities Updated phone numbers and addresses for the new city facilities Introduction of new Council members and Mayor List of Senior Citizen‘organizations ser-zing Orono Pet licensing requirements Schedule of upcoming Council and Commission meetings Regulations and warnings related, to door-to-door solicitation 13. Burning permits 14. Building permits 15. Highway 12 update 16. New facilities open house and information ORONO COMMUNITY FACILITIES GRAND OPENING SUNDAY,, 1:00 P.M. - 4:00 P.M. After years of planning and nearly a year of construction we are ready to celebrate the completion of the Orono Community facilities located at 2700 - 2780 Kelle'' "'arkway. The grand opening schedule of events begins at 1:00 p.rn. on Sunday,with the dedication of Kelley Parkway. The program then moves to the City Council Chambers for a grand opening ceremony for the new facilities. The facilities will then be open for tours until 4:00 p. m You helped to make this all possible. Please join us as we lelebrate the opening of the new community facilities. Introduction to the new facilities. Council Chambers The Council Chambers meeting room was designed with multiple uses in mind. It is a fairly large room that can accommodate groups in excess of 80 people. It can also be divided into two rooms to enable two meetings at once. The meeting room has access to a lunchroom area, which further expands opportunities for meetings. and a small kitchen area. This area serves as the staff lunchroom during business hours. The Council Chambers was designed with a separate entra ce so that the space can be closed off from the administrative building to enable evening meeting use by the public. Distinctive gabled entrances were designed to create an open feeling, and bring light into the public meeting space and the work spaces. Administrative Offices The administrat.ive area includes offices for a staff of 14, conference room and a large reception/office support area with state-of-the-art work st-icions and computers. The entire building has been wired to acco..imodate computer networking. The offices of the City Administrator, Finance Department, Building and Zoning Department, City Clerk and Public Works Director are located here. Police Department The new facilities have enabled the Police Department to be relocated into the same building as the administrative offices after _ years in a separate building several miles away. This has already resulted in increases in efficiency and opportunities for staff cooperation. The Police and Administration areas share the same phone system and could share the same computer network system. The Police Department has a computerized security system and secured lobby area that has greatly increased safety, especially for the office staff. In addition to the secured lobby area the police building has a high level of security built into all aspects of the police operation. Two sally ports (drive-in entrances) enable secured transfer of arrested persons and evidence from police squads to the holding area or secured evidence area computerized security system serves the evidence room and the booking are.a which is the only access to the two holding cells. The police building also includes a training room which doubles as an Ertiergency Operations Center complete with multiple phone jacks to facilitate communication with multiple agencies during an emergency Public Works Facility The 27,000 square foot Public Works facility provides storage fcr the Public Works maintenance vehicles and equipment. The facility al: .. includes a number of work areas such as a sign shop and welding bay and vehicle maintenance bay complete with hydraulic lifts. The heating and ventilation system have been planned for energy efficiency and to ensure a healthy work environment. All buildings have a fire suppression sprinkler system. They also meet the accessibility requirements of the Americans with Disabilities Act. How we got here Initial discussions concerning the need for new city facilities began in 1972 when the house being used for all city departments was determined to be inadequate and unsafe. Before plans to build a new facility were begun, the City decided to purchase the building next door, which had been used as an upholstery shop with living quarters upstairs. While the first floor required some remodeling, the upstairs apartment was left basically unchanged. This resulted in staff being located in the following rooms: 1. The City Administrator's office was located in the master bedroom. One could tell this was the master bedroom because it had two closets. 2. 3 . The Finance staff was located in the guest bedroom. The Finance Director's office was located in the formal dini.ng room area complete with a built-in hutch. 4. Tne Public Works Director's office was located in the kitchen complete witii a sink and a set of kitchen cabinets. 5. The City Clerk's office was located in the living room area. Planning for the current facilities began in when Eoarman and Associates architects were hired to conduct a space needs study, and to develop a preliminary design. Planning for the project was accomplished by the City Council, City staff and the Facility Design Committee made up of the following members: The Facility Design Committee was formed to review all design plans for the project. Kraus-Anderson wa& approved as the Construction Manager for the project in November of 1991 to work with Boarman and Associates architects. The official ground breaking was held on October 9, 1991. The first City Council meeting was held on December 14, 1992. City offices moved into the new administrative area on December 28, i 1992. The Police moved into their new facility on February 11, 1993 . The City Council and City staff appreciate the support of the community for new facilities. We are committed to making the best possible use of the new facilities to provide the best possible service to the community. m ^ J BUILDING AND ZONING DEPARTMENT Jeanne A. Mabvisth, Building & Zoning Administrator Michael P. Gaffron, Asst Planning & Zoning Administrator Lyle E. Oman, Building Official Bruce L. Vang, Building Inspector Steve Weckman, On-Site Systems Manager The members of the Building & Zoning staff are looking forward to another busy construction year and entourage homeowners and contractors to call or come in with any questions they may lave in planning their projects. The following is a list of improvements requiring permits that staff is often asked .'ibout: New or replacement storage sheds of all sizes. New or replacement detached garages . Retaining walls in excess of 3 1/2 fer„, filling, grading. Entrance monuments. In-ground pools and above-ground pools that remain installed over the winter months. Decks, gazebos, tennis courts. Reroofing, residing, remodeling, window replacement, plumbing, furnace replacement. Live tree removal within 75' of the shoreline of axl lakes and protected streams or tributaries when that tree has a diameter of 6 inches or more (or 19 inches in circumference or greater) measured 3 feet above the ground. Wood burning stoves. .. . Fencing. it it ★ it it it it it it OPEN BURNING PERMITS The City of Orono issues open burning permits under the authority of a delegation agreement with the Minnesota Pollution Control Agency (M.P.C.A.). M.P.C.A. rules require each City entering into such agreements to adopt the standards listed in the City ’s permit application. To encourage recycling and reduce air pollution, open burning is restricted to recreational fires (3’ maximum diameter. 3’ maximum height - charcoal or logs only) and disposal of logs when there is no reasonable alternative method of disposal available. The City has a brush chipping program which provides a reasonable alternative for brush and logs up to 8" in diameter. (Loo 'k for brush chipping program infonnation elsewhere in this newsletter.) To obtain an open burning permit, you may complete an application form at City Hall or one can be mailed out to you. A site inspection will be conducted by the building inspection staff and if requirements listed on the permit application are met, the permit will be issued. .Since there is no fee collected, in an effort to reduce the costs of this program, inspections are completed v'hen the inspectors are in your neighborhoexi as part of their regular inspection schedule. Our goal to economize may result in applications taking 7 to 10 days to be processed. Open burning permits are valid for 30 days and may be renewed for an additional 30 days by calling City Hall. The permit process includes the notification of the police and fire departments of the proposed bum and reduces the number of false alarms or the sending out of fire trucks when a resiJent reports the citing of smoke or fire. If you have questions, call LYLE OMAN, Building Official, or BRUCE L. VANG. Field Inspector, at the City Offices. ORONO CITY FACILITIES ADDRESS/PHONE NUMBERS Public Works, 2700 Kelley Parkway . . . . . . . . . . . . . . 473-7357 Mail: P.O. Box 66, Crystal Bay, MN 55323 Orono Police Department, 2730 Kelley Parkway . . . . . . . 473-7710 Hennepin County Tower . . . . . . . . . . . . . . . . . . . . 525-6210 Emergency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 911 Mail: P.O. Box 86, Crystal Bay, MN 55323 Administration, 2750 Kelley Parkway . . . . . . . . . . . . . . 473-7357 Mail: P.O. Box 66, Crystal Bay, MN 55323 Council Chambers, 2780 Kelley Parkway SCHEDULE OF UPCOMING MEETINGS AND EVENTS All Council, Planning and Park Commission meetings are held in the Orono Council Chambers, 2780 Kelley Parkway, Orono, Minnesota, xinless otherwise noted. APRIL 5 Park Commission 7:00 p.m. 12 Council Meeting 7:30 p.m. 19 Planning Commission 7:00 p.m. 26 Council Meeting 7:30 p.m. 29 Board of Review 7:30 p.m. MAY 4 Park Commission 7:00 p.m, 10 Council Meeting 7:30 p.m. 17 Planning Commission 7:00 p.m. 18 School Board Election Day 23 Orono City Facilities Open House 1-4:00 p.m. 24 Council Meeting 7:30 p.m. 31 Memorial Day City Office Closed JUNE 1 Park Commission 7:0C p.m. 14 Council Meeting 7:30 p.m. 21 Planning Commission 7:00 p.m. 28 Council Meeting 7:30 p.m. Long Lake Volunteer Fire Dept. Long Lake, Minnesota 55356 Vhe listing below gives the information on fire department activities in your city's fire coverage area: TOTAL CALLS FOR FEBRUARY 1993: 9 YEAR TO DATE: 21 Call breakdown per area: Long Lake - 7, Orono - 2. Medina - 0 YEAR TO DATE: Long lake - 14, Orono - 6. Medina - 1 TOTAL MAN HOURS FOR FEBRUARY 1993: 91 YEAR TO DATE:’ *437 Man hours per area: Long Lake - 73, Orono - 18, Medina - 0 YEAR TO DATE: Long Lake - 138, Orono - 292, Medina - 3 The following list breaks down the fire depaniment calls by type of call: FIRE MEDICAL P.I. ACCIDENT ALARM FEB.YTD FE8.I1 YTD FEB.YTD FEB.YTD LONG LAKE:2 4 - -1 4 1- - 8 1 1 0 1 OROfK) :0 2 0 0 0 1 2 3 MEDINA :0 0 0 1 0 0 0 0 TOTAL : - - - -1 2 1- - - 6 4 9 1 2 2 4 i I- - - --— V: .wir.ieer ire -.-- - A III''' Lone Lake. Minnesota 553?o C r^o •-'"c ^ -*t t I ’T*> OFFICER MEETING 2-17-93 PRESENT WERE- Rick Perry, Mike Brown, Jim Cox, Steve Becker, Butch Loomit- Shannon Madden GUEST- ...in Hartfield, Long Lake City Council mar 10 MINUTES OF THE MEETING: Truc< corranittee: Rick has gotten no info from Ford or Peterbilt yet, if we can t get a suitable american chassis we might have to look into i.iports. Mark MR renault model is under consideration. Arnie: She new has her chest plate and is ready to go! Retired: Lyle Day now has received his money. '.EPAIRS: The generator on E-11 is fixed however,Mike Brown wiP^ keep up with this issue and stay in contact with the Company to see why th>s is happening. UPDATES: Phone line will be received soon! Our own! This was OK'd by Mayor Todd Olsen at City meeting. We are buying 2 phones ard will 'lave a hook up for the computer. The cellular phones will be put on the trucks, however we need to change the E-11 timer (was being tripped up by personnel) it will be put on the top cf the electrical reel. •• - We will be supplying the city with a reem of paper in exc’iange for use of the cooier. Tom Aldrich has updated the calls in the computer, Shannon Madden will be calling Rich Mueller to negotiate the cost of this years tech service. PHYSICALS: Jim Cox has reported on costs and we will bs* going with Mound Medical for firefignters physicals. Kevin Gorney will be taking nis pnysica. at Mound ASAP. MEMBERSHIP: Kevin Gorney has been voted on. Brad Ro'.*nl and Jack Peltier are doing well in 1st Responder. Budget is still tignt and all outside classes need co be preaporoved at an officers' meeting. Officers have looked at sheets for State Fire School, some changes have been made for the good of the department. There will je a moratorium for payment to the firefighter for goina to the class this year the firefighters will be notified of this change. Hi W * W ' * < ta' • APRIL 26th there will be a Health Fair at the Orono High Scnoo hopefully can set up a table and show medical equipment that we use in the EMS system. They want someone to show how fire extinguishers work, Rick suggested they contact their supplier and if they can't then we can JUNE 26th will be a chamber activity at Long Lake for the whole community, they would like our help by getting an activity together with neighboring Fire Departments. Waterball, Volleyball, or? They are meeting every Wednesday morning for set-up. More news to come. CALENDAR: 2/22/93 - Mon./Loomis - SCBA Becker - skeletal/muscle Shaughnessy - Truck maintenance, clean-up Cox - off 3/01/93 - Mon./Loomis - skeletal/bone Becker - Truck maintenance, clean-up Shaughnessy - off Cox - SCBA 3/08/93 3/09/93 3/15/93 3/18/93 3/22/93 Mon./Regular Meeting Tues. United Fire Fighters at Savage Mon./Loomis - Truck maintenance Becker - off •* - Shaughnessy - SCBA Cox - skeletal/bone Thurs. Officers Meeting Mon./Loomis - off Becker - Bldg, construction Shaughnessy - Bloodborne Pathogens Cox - Truck Maintenance, clean-up 3/29/93 4/05/93 I -I 4/12/93 4/19/93 4/26/93 - Mon./ 5th Monday - Squad I in charge - Mon./Loomis - Bldg, contruction Becker - Bloodborne pathogens Shaughnessy - Truck maintenance , clean-up Cox - off - Mon./ Regular Meeting - Mon./Loomis - Bloodborne pathogens Becker - Truck maintenance, clean-up Shai/ messy - off Cox Bldg, construction - Mon./Loomis - Truck maintenance, clean-up Becker - off Shaughnessy - Bldg, construction Cox - Bloodborne pathogens O MINNETONKA center for the arts 2240 North Shore Drive • VVayzata. MN 55391 • (612) 473-7361 /7T-—- I ' / r*5 '199^ March 12,1993 Ms. Dorothy Hallin, City Clerk City of Orono P.O. Box 66 Crystal Bay, MN. 55323 Dear Dorothy; The Minnetonka Center for the Arts will be pleased to serve as a polling i^ace in 1934. We wili plan on space for a Primary on September 13, and a General e.ection on November 1. It Is our understanding that our commitment will be to provide d^ime access to the buidling by election personnel on Mondays. September 12 and Ortober 31; that our staff will open the building at 6:00 AM on Tuesdays, September 13 and November 1, and remain until midnight (or later. If necessary) on those Tuesdays; ^d that ejection personnel will return on W^nesdays, September 14 and November 2, dunrig tne day, to remove egulpment. There will be Dflt rental fee charged for use of the building, however, there will be a charge for wages Incurred by the Art Center p^vicling custodial/security staff on an overtime basis for the extra hours on the two Tuesdays. I enjoyed the chance to tour you and Ron Moorse through our building, ^d will look forward to seeing the new city offices when you hold your open house this spring! Ann Larsen Executive Director copy: Mary Pagnucco, MCA Board President ' Dftphjaven txcelsior Greenwood Long Lake Medina Minnetonka Beach Minnetrlata LAKE MiNNETONKA CABLE COMMUNiCATiONS COMMiSSION ! * 540 Second Street • P.O. Box 473 • uxcelsior. Minnesota 55331*0473 (612)474*5539 • Fax (612)474*0430 MAR Orono St. Bonlfaciua Shorewood -Spring Park Tonka Bay Victoria Woodland 9 ilS3 LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION EXECUTIVE COMMITTEE MEETING TUESDAY, MARCH 16, 1993 5:00 P.M. 540 SECOND STREET, EXCELSIOR I. Call to Order II. Approval of February 1993 Minutes III. Reports a. Officers: Treasurer - February 1993 Check Register b. Adininistrator/Production Coordinators - Pattrin c. Triax Cablevision IV. Unfinished Business a. Status of Channel 8 & City Council Meetings - Daniels b. Update on Hennepin County Auditors - Daniels c. Committee Update on the "ElecLion of Officers" - Brancel d. Committee on Orono Studio - Pattrin V. New Business a. Lesley Hughes-Seamans Award - Brancel b. Name Budget Committee for Revised 1993 Budget - Brancel c. Technical Audit Report - Daniels d. State Legislation on Cable (H.F.525) - Daniels e. New Cable Commissioner from Minnetrista - Salazar VT. Matters From the Floor VII Adjournment LAKE MINNETONKA CABLE COMMUNICATIONS COIWISSION FULL COMUSSION MEETING TUESDAY, FEBRUARY 16, 1993, 5:00 PM EXCELSIOR ELEMENTALLY SCHOOL GYMNASIUM 441 OAK STREET, EXCELSIOR 1. CALL TO ORDER Chair Brancel called the meeting to order at 5:02 P.M. DIRECTORS PRESENT Barb Brancel/Shorewood, Chair Jim Olds/Excel^ior, Vice Chair Tim Pattrin/Orono, Treasurer Dennis Stanga/Deephaven, At Large Tim Salazar/Minnetrista, At Large Ann C. Thies/Medina, At Large OTHERS PRESENT Jim Daniels/Administrator Colleen Lindskoog/Admin Asst. Jim Schindler/Production Coord. Mary Petersoii/Asst. Product. Coord. Rick Finch/Triax Cablevision Dennis Sparks/Sparks & Czerwonka, CPA Jan Haugen/Award Recipient Dale Hoe/Deephaven; Jan Gray/Greenwood; Scott Luse/Long Lake; Bobbi Abdo/Minnetonka Beach; Bob Gagne/Shorewood; Carl Rosen/Spring Park; Bob Anderson/Tonka Bay; Susan Hines/Victoria; Sidney Wear/Woodland II.APPROVAL OF MINUTES Brancel asked for January 19, 1993 meeting. Motion 2.16.93.1 passed unanimously. discussion or motion to approve the minutes of the Stanga moved to approve the minutes. Olds seconded. Notion III. REPORTS a) Treasurer's Report Pattrin described financial transactions for the month of January 1993. Motion 2.16.93.2 Stanga moved to approve the Check Disbursements for the included in period of 1/1/93 through 1/31/93. Gagne seconded. Notion passed unanimously Pattrin then stated that a copy of the 1992 Fourth Quarter Report was the packets and then introduced Dennis Sparks for any questions. Notion 2.16.93.3 Olds moved to approve the 1992 Foiirth Quarter Report. Stanga seconded. Notion passed unanimously. b) Administrator's Report Daniels distributed an article from the Hall Street Journal and highly recoraTOnded reading it. Rosen stated that Forbes also has an article that is worth reading, about the integration of all services over cable TV. Daniels then distributed a notice from Triax regarding "sun outages” that was sent to subscribers. Finch stated that press release will be made as well as announcements on local channels. Daniels stated that since the Commission moved to approve the Triax Cablevision request that deletes Regional Channel 6, a few Legislators have made comments. In response to that concern, a new show, "Legislative Report", has begun taping and airing. Another show which is in progress is with city administrators that are not in "Tonka Report". It will be titled "Ask Your City". Two thirty minute shows were done recently - one hosted by Salazar with Congressman Ramstad and the other hosted by Brancel with Congressman Grams. Congressman Minge has also been contacted for a possible show. Daniels stated that Mary Peterson, the Assistant Production Coordinator, has resigned due to other obligations. Her replacement will be Greg O'Gorman. The Commission wished Mary good luck. b) Production Report Schindler introduced himself to the new Commissioners. F. then stated that workshop classes are 2/3 done and are going great. Production is going strong, as well. UKCC - February 1993 Meeting Page Two c) Triax Report Finch distril subscriber report: ited the Channel 20/Zi Programming Homes Passed 11,916 Expanded Basic Subs 6,336 Basic Subs 148 Total A/O's 4,420 Total Pay Units 3,683 Total Remotes 2,098 Summary and the January monthly Finch stated that the process of replacing Regional Channel 6 with CSPAN-II was a little more involved than originally thought, however, it should be completed by May 1, 1993. IV. UNFINISHED BUSINESS a) Update on Hennepin County Auditors Daniels explained that Hennepin County claims it can tax cable companies for being within city easements. However, since the research that was originally done by the county, as discussed at the last Commission meeting, nothing else has taken place. Anderson asked if this issue had been discussed at the Hennepin County Coimission meeting. Daniels said he did not know. b) Status of Channel 8 and City Council Meetings Daniels stated that within the next couple of weeks Triax's equipment should be ready. Sometime in March 1993 is the target to begin cablecasting five city council meetings. those present. The new Nm Commission Appointments for 1993 Brancel read the names of new Commissioners and welcon^d Comnissioners are: Jim Hartfiel and Scott Luse - Long Lake Bob Gagne - Shorewood Bob Anderson and Jerry Anderson - Tonka Bay Susan Hines and David Lindgren ■ Victoria Nick Duff - Woodland d) SuMiry of CoMission's Final Action on Regional Channel 6 Brancel referred to Triax's Report earlier in the meeting and expanded with the fact that the Executive Committee has approved Triax Cablevision's request to remove Regional Channel 6 due to technically una.jeptable reception. When it is corrected to an acceptable technical specification, the Cable Commission will order that Regional Channel 6 once again be carried on the Triax cable system. Gagne asked if it was Triax's responsibility to repair technical problems. Brancel stated that it is a Regional Channel 6 problem and that the Commission took the only course of action left available in removing it. Daniels expounded that it is due to a building blocking the signal that causes it's poor reception and that at this time there is really no way of repairing the problem. V. mmsmss a) Video Program of the Quarter Award Brancel presented the award to Jan Haugen for her show "Where Are They Brancel complimented Haugen's effort on the 20 shows that have been ccn^leted. Daniels explained for the new Commissioners that this is a relatively new that is given to local producers. Now?" award LMCCC - February 1993 Meeting Page Three b) Accountant's Report on 1992 Financials Brancel re-introduced Dennis Sparks. Sparks then stated that extensive testing has been done on the reports and records for 1992 as part of the Annual Review. They did not find any errors that resulted from these tests. He stated that the information was well reported and thanked Daniels and staff for their excellent records and help. c) Reply to FCC on Section 8 (Customer Service) Daniels stated that included with the packets was a copy of the response to the FCC. He thought that it represented the Commission's position well and was clearly stated. Daniels then explained that Cable Commissions have the right, at this point, to file their position officially with the FCC. d) Reply to FCC on Rate Regulation Daniels explained that there was a thirty page reply that was sent to th.. FCC on Rate Regulation. The information and money to have it legally drawn up came from 6 different Cable Commissions. The amount paid was based on ihe number of subscribers (this Conmission paid approximately S460). He then explained that in 1984 rate regulation was taken away from Commission contrcl. This is an effort to bring rate regulation back within the Commission's authority. As there were no questions regarding this matter, Daniels then distributed a copy of the quarterly newsletter. Brancel gave staff credit for a job well done. The Commission concu.Ted. e) Triax Report on Future Plans (current/1ong range) Finch stated that within his first six months in Minnesota, his goal was to improve customer service and response time. He has increased staff considerably to achieve this. He has also juggled schedules to include technical service being available on Saturdays. A new phone system is also on the way, which will decrease the number of busy signals the customer receives. It will also be able to indicate which days have more calls coming in so that staff scheduling can reflect this. Training customer service people in phone etiquette will be given as well. Technically, Triax has done the Seal Test, which is to show any leakage of signals that would create a poorer reception for the subscriber. The Proof-of-Performance test is a new FCC requirement. It's to show that the cable company meets certain FCC criteria. Deployment of the "Star Port" is also planned. Mrch stated that he hopes to have 4000 units out by the end of 1993. "Encore" is a pay-service that will be through Star Port technology. Hopefully, by the second half of 1993, one pay-per-view service should be for one movie per night. In addition an 800 number will be available, so that it be necessary to call Triax and ask for it - it will be automated. The "Sci-Fi will be launched, as well, in the second half of the year. The new home construction, that does not currently receive cable, is a consideration that is being looked into. Finch stated that he plans to contact the developers of new construction sites, as well as the city they are located in, to with them prior to completion to avoid the complications that arose last year. Finch stated that these are basically it for plans for the coming year, distant future plans, however, are technically, almost unlimited. Fiber optics are planned, but he is not sure when or where exa tly. Personal computers and telephone service through cable compan »s is generally things that will come from large cable companies. Triax will most 1 kely not be in forefront of this advanced technology, but will keep a watch on it for the future. Finch asked if there were any questions. Rosen stated that he had noticed on the conversion grid in the TV Guide. Lake Minnetonka has 16 open spaces where other cities have channels available. He asked why? launched available will not channel w>rfc The some the •liVi•■tld •TilliltHiO II fMtfatBlliriKII I»:ltrtkftvi tliWtl iltVi rtiiiri •iir#r:ii firtit •mm •III !• ■ •I:Snm •llil* • II •UHifi • l«Ii iHi iZ9mit9] •i •1 I I • M €•!•!• Deephraven Excelsior Greenwood Long Lake Medina Minnetonka Beach Minnetrista LAKE MISNETONKA CABLE COMMVNiCATIONS COMMISSION 540 Second Street • P.O. Box 473 • {ixcelsior. Minnesota 55331*0473 (612)474*5539 • Fax (612) 474*0430 Orono St. Boni/aciue Shorewood Spring Park Tonka Bay Victoria Woodland DATE: March 8, 1993 TO: All Cable Commissioners City Managers/Administrators FROM: Jim Daniels, Administrator RE: Status of Hennepin County Assessors Please look at the attached letter from Donald Monk, who heads the Department of Hennepin County Assessor. It appears that they found themselves unable to proceed as quickly as they anticipated they would. It also seems apparent that the cable industry, through their state association (MCCA), is preparing some form of legislation that will counter or solve this issue of taxing the use of city rights-of-way. As always, I will keep you informed as to any changes or legislation that may take place. JD/cl Enclosure * 01 I r ■?"I c. ers1 • W • HENNEPIN ASSESSOR A-2103 Government Center 300 South Sixth Street Minneapolis. Minnesota 55487-0213 igjQ February 18, 1993 Michael Martin, Executive Director Minnesota cable communications Association 450 North Syndicate Suita 185 St. Paul, MN 55104 Re: Possessory Interest Assessments Dear Mr. Martin: The metro county assessors met recently to review • the status and establish a firm tine frame to proceed with the assassmento on the possessory interests held by the cable TV companies. As you may recall, the initial time frame was to complete the assessment by raid or late February, followed by mailing the value notices and then the 1992 pay 1993 tax statements. This schedule has now been changed. The assessors decided to delay any implementation until after the 1993 legislature adjourns on May 17th. We ->elieve the legislature may address this issue and if they do, the assessors involved want to be in a position, after the session, to either proceed with the assessment or adjust to whatever policy the legislature may decide. We, the assessors, want you to have a very clear understanding that if the 1993 legislature is silent on this issue, we will proceed with making both the 1992 and 1993 assessments immediately after the session adjourns. If you have any further questions regarding this, please feel free to call or write. Yours very truly. Director of Aaaaasmcnts DFM:jn cc: Maury Ar.derson, commissioner of Revenue Hennepin County commissioners Metro County Assossore Robert Hanson, Acting county Administrator Vern Genslingor, Asecc. County Administrator Mika Freeman, County Attorney hfnjmepin county 9^93 •rrH«r«] :nii PROGRAMMING REPORTChronicling the activity at the Lake Minnetonka Cable Communications Commission Studio in Excelsior from Tuesday, February 16th through Friday, March 5, 1993.Works completedA. Meeting coverage1. Shorewood City Council-producer Harold Dircks covered the meeting of February 22nd 2. Lake Minnetonka Cable Communications Commission- LMCCC staff covered the meeting of February 16th B. Series programs ^ ^ ^1. Tonka Report-informative studio program featuring City Administrators Dave Callister (Tonka B^y), Jim Hurm (Shorewood), Ron Moorse (Orono) and Miriam Porter (Victoria)-this edition features general updates from each city and discussion about cooperative agreements between lake area cities 2. Lake Minnetonka Legislative Report—the third edition of this studio program features State Sen. Gen Olson, Rep. Steve Smith and Rep. Todd VanDellen j • 4. Where Are They Now?-the nineteenth edition of this studio program featuring former council people and Mayors-H.B.R. Larson and Bob Sykora ]oin host and producer Jan Haugen 5. Where Are They Mow?-the twentieth edition of this studio program featuring former council people and Mayors-Jackson Griswald and Dan Ryerson noins host and producer Jan Haugen 6. Lake Minnetonka l^egislative Report-the fourp edition of this studio program features State Sen. Ed Oliver with guests Nan Schroeder ot the Minnesota Department of Health and Dr. Tom Dunkel 7. Community Spotlight-the eighteenth edition of this studio program focuses on the enforcement explorer post in Crono with Police Chief Steve Sullivan and Senior Exploring Executive Tom Palme joining host LeAnn Smith C. Individual programs 1 Shorewood Park Referendum: What ^d Itoy informative studio program featuring Shorewood Park commmission Vice Chair Jennifer McCarty Shorewood Park Planner Mark Koegler ind Shorewood Park Commissioner Jim Wilson ^ 2. 5' Txjng, Farewell Bob Gagne-coverage retirement party for this Shorewood official- produceii Jan Haugen (continued next page) 3. 4. 5. 6. 7. 8. 9 . 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Johnny DuJco anti Shootout—a collection of music videos by this country music group-producer: Randy Schwoerer Dalton's Rain—a collection of music videos recorded at the LMCCC Studio by this Nashville country group-producer: Randy Schwoerer Ryd'er West-a collection of music videos recorded at the LMCrc Studio by this country group-producer: Randy Schowoerer Minnetonka H.S.: Happenings-raagazine format program produced by Jeremy Gavin Minnetonka H.S. Girls' Sophomore Basketball vs. Hopkins-taped 2/9-producer Mike Marra Minnetonka H.S. Girls' Junior Varsity Basketball vs. Hopkins-taped 2/9-producer: Mike Marra Minnetonka H.S. Girls'‘Varsity Basketball vs. Hopkins-taped 2/9-producer: Mike Marra Minnetonka H.S. Girls' Sophomore Baskecball vs. Eagan-taped 2/12-producer: Mike Marra Minnetonka H.S. Girls' Junior Varsity Basketball vs. Eagan-taped 2/12-producer: Mike Marra Minnetonka H.S. Girls' Varsity Basketball vs. Eagan-taped 2/12-producer: Mike Marra Minnetonka H.S. Girls' Sophomore Basketball vs. Richfield-taped 2/19-producer: Mike Marra Minnetonka H.S. Girls' Junior Varsity Basketball vs. Richfield-taped 2/19-producer: Mike Marra Minnetonka H.S. Girls' Sophomore Basketball vs. St. Louis Park-taped 2/23-producer: Mike Marra Minnetonka H.S. Girls' Junior Varsity Basketball vs. St. Louis Park-taped 2/23-producer: Mike Marra Minnetonka H.S. Girls' Varsity Basketball vs. St. Louis Park-taped 2/23-producer: Mike Marra Minnetonka H.S. Girls^ Sophomore Basketball vs. Eden Prairie -taped 2/26-producer: Mike Marra Minnetonka H.S. Girls' Junior Varsity Basketball vs. Eden Prairie-taped 2/26-producer: Mike Marra Minnetonka H.S. Girls' Varsity Basketball vs. Eden Prairie-taped 2/26-producer: Mike Marra ♦29 programs were created* D.Orono Studio-the following new programs were cablecast on Channel 21 1. Orono H.S. Boys' Basketball vs. North St. Paul 2. Orono H.S. Boys' Basketball vs. Blake 3. Orono H.S. Girls' Gymnastics Conference Meet E. Workshops-two Editing II and one Studio were held-total participants: 11-average evaluation: 15 on a scale of 15 (continued next page) III. Works in progress A. 3 4 5. B Programs 1. Excelsior Apple Days-producer Bob Bolles 2 - Minnesota Right To Know Law and Chemical Awareness- producer: Dave Clark Oak Hill Cemetery Restoration-producer: Bob Bolles Excelsior Childrens' Flower Garden Planting- producer: Bob Bolles Excelsior Fire Dept. Casualty Drill-producer Bob Bolles Vendetta-producer: Patti Keiper Light Rail Transit-producer: Tom Sullivan Toys For Tots Program-producer: Mary Badrawi Another Blonde-producer: Rich Gavert Minnetonka H.S. Girls Varsity Regional Playoff Basketball vs. Hopkins-taped 3/2-producer: Mike Marra 11. Minnetonka H.S. Choirs in Concert-producer: Randy Schwoerer Workshops-winter session graduates will serr/e as crew for "Sporting With Jason," a new studio program with host, producer and winter session graduate Jason Becker- spring sessions workshops begin with an orientation on Tuesday, April 6 6 7 8 9 10 Respectfully submitted, Jim Schindler Production Coordinator Deephaien Excelsior Greenwood Long Lake MedinaMinnetonka Beach Minnetrista LAKE MiNNETONKA CABLECOMMUNICATIONSCOMMISSION OronoSt. Boni/acius Shorewood Spring Park Tonka Bay Victoria Woodland540 Second Street • P.O. Box 473 • Excelsior. Minnesota 55331-0473 (612) 474-5539 • Fax (612) 474-0430 DATE: March 8, 1993 TO: All Cable Commissioners FROM: Barb Brancel, Commission Chair RE; Executive Committee Nomination: At the May 1993 full Cable Commission meeting, seven officers will be elected for the upcoming year (June 1993 - May 1994). The officers include: Chair, Vice Chair, Secretary, Treasurer and three Members- At-Large. A "Nomination Committee" has been formed, and anyone interested in running for one of these positions, should contact a committee member before March 31, 1993. (Nominations, however, can be made from the floor at the May 1993 full Cable Commission meeting.) NOMINATION COMMITTEE Barb Brancel (Current Commission Chair) 474-3236 Tim Pattrin (Current At-Large) 476-3099 Dennis Stanga (Current At-Large) 475-0745 Ann C. Thies (Current Secretary) 941-3343 LAKE MINNETONKA CONSERVATION DISTRICT LAKE USE AND RECREATION COMMITTEE MAR 1 7 19S3 Monday, March 22, 1993, 4:30 PM Norwest Bank Building, 900 E. Wayzata Blvd, Room 135 (Elevator access for Handicapped; use west entrance on Wayzata Blvd.) 1. Special Events: A. New Special Event License Application; Silverado Pro Am Classic Crappie Tournament, Lake Minnetonka, 5/8/93 recommending approval with attached stipulations B . C. Renewal Special Event Licenses; informational only Second reading of an ordinance amending LMCD Code Sect. 3.09, Subd. 1,2,3 & 4, to allow the executive director to issue new Special Event licenses D. Deposit Refund (3 $100 - Westonka Winterfest, 2/13/93 2. Wine and Beer License Renewal Applications,* recommending approval subject to liquor liability insurance being in place, and to Charter Boat Registration being issued A. Paradise Princess, by David Lawrance B. Al & Alma s I,II,III, VI, X, XI, XII, by Merritt Geyen C. Exelsior Park, by Phil Weber 1) Refund balance of preliminary investigation fee 3. Liquor License Renewal Application with Sunday Option for Queen of Excelsior "QE", by John Lambin; recommending approval subject to Charter Boat Registration being issued 4. Navigational lights at Narrows Channel; 3/5/93 letter from D. Bailey, Hennepin County Lake Improvement regarding time schedule for lights to be activated; staff recommending from ice-out until fall freeze 5. Review of practice for marking intentionally made open water holes in lake ice, per 3/9/93 letter from executive director to Water Patrol 6. Decibel SubcommiLtee-discuss publicity for 5/25/93 testing date 7. Water Patrol Report A. Monthly Activity Report 8. Additional business A. Purchase PFD whistles 3/15/93 L LAKE MINNETONKA CONSERVATION DISTRICT Lake Access Committee Meeting Notice and Agenda 7:00 pm, Tuesday; March 16, 1993 LMCD Conference Room 135, Norwest Bank Bldg. MAR i'6 1893 1. Welcome, roll call and introduction of guests; . Progress report on review of parking agreements with cities contacted to date; Review of Access Site Evaluation Criteria as recommended oy the Access Siting Subcommittee, Inc.LMded. i_n materiaj, PtLPV-idc.d. f-PX the 3/18/93 Lake Access Iask_ Force meetingi. 4.Discussion of prospective access sites as illustrated in aerial survey presented to Access Siting Subcommittee, 5.LMCD chair’s letter to MN DOT commissioner expressing concern for elimination of Hwy lOl Causeway access, further requesting meeting with the MN DOT commissioner. 6. Additional business recommended by the committee; 7. Next meeting, to precede next LATF meeting, and adjournment: ■■ LAKE ACCESS TASK FORCE Meeting Notice and Agenda 7:00 pm, Thursday, March 18, 1993 Norwest Bank B1 do. Conference Room 135, Waysata (Handicapped entrance, Wayzata Blvd. west entry) (Please note location change) 1. Welcome, role call of designated Task Force spokesperson^j and guest introductions. Chair Grathwol 2.Discussion of parking agreement form and progress repor- on parking agreement contacts with cities, agencies Gordon Kimball, Gene Strommen 3.presentation of Access Site Evaluation Criteria, revised from outline introduced by 1983 Task Force as recommend.-i by the Access Siting Subcommittee, Chair Don Germanscn 4.Slide presentation of 1993 aerial lake survey of^summeiOixvac: ^ « V. j. w -- - -- - - - - - -- - and winter access sites existing and potentia-. 5.Draft letters to City of Tonka Bay per Tom Penn memo of 2/22/93 regarding potential city access, to Ms. Mary Ellen McNutt-Platzer re. potential Libbs Lake access and to Donald R. Peterson, Edina Realty, re. Advance Machine property. Spring Park, potential access 6. Additional business 7. Next meeting and adjournment lafb: access task force steering Committee 10:10 pm, Tuesday, March 9, 1993 LMCD Conference Rm 160, Waysata Present:Chair Bert Foster, Dave Cochran, Nick Duff, 3im Grathwol, Gordon Kimball, Gary Larson, Mike Marliel 1 , guest Bob Leighton, LMLOA; Executive Director Gene Strommen. uon Germ.inson MEETING REPORT, 2/2/93. The report was accepted as presented LMCD, DNR STAFF PROGRESS REPORT ON ACCESS AGREEMENTS. Access Agreements are under consideration by the cities of Mound, Minnetrista, VJaysata and also Hennepin County, Minnetrista City Council did approve their agreement for the two e.xisting accesses: 4 c/t spaces at Tuxedo Blvd., Phelps Bay and 40 c/t paces at Willi ams St., Halsted Bay. Mound city officials recei/ed the proposed Mound listing of c/t soaces taken in the 1992 Task Force inventory, referring it to*their staff for evaluation. A prospective private lot within 1,500* of the Mound Par): Bay access will be pursued by the city for a possible cooperative agreement. Waysat? officials questioned why they had to enter into an -au t eement. They recognised the value in regulating parking which is :iow spread among boulevards and questionable areas. Waysata staff will also examine the Task Force inventory. rtennepin County staff is still assessing how many c/t spaces might oe accommodated in the public works lot in Orono to serve tne Spring Park access on weekdays and weekends. LAKE ACCESS TASK FORCE AGENDA RECOMltENDATIONS. Items will be 1, Progress on parliing agreements 2. Review the Access Site Evalua^’.on Criteria 3. Aerial lake survey slide presentation 4, Letters to potential access site property reps. FACILITATOR PARTICIPATION. Whilr there does not appear to be controversial items among the agenda items, Facili..atcr Buckhout would be given the option to participate for continuity with the on*going Task Force businec.^,. ADJOURNMENT. There being no further business, the .neeting adjourned at 10:2C pm. Respectfully submitted.Re^ecr. i u i i - eu , Euqe^ R. StrommenEug Execut1ve Iector LAKE MINNETONKA 1993 ACCESS SITE EVALUATION CRITERIA The Task Force has developed evaluation criteria which should be used in selecting potential new access sites for fishing craft and small recreation boats. While it may be impossible to meet the highest grading of each standard, the following should be seriously considered and graded. Other evaluation items may be considered on a site-specific basis. 1. 2. 3. 4. 6. 8 . 9 . Relationship to residential areas — Positive and negative impacts of the site on adjacent residential areas, such as distaiice between a site and nearby homes, screening the site from homes, noise, traffic, etc., etc. Accessibility to primary highways — Potential sites near major highways (State Higliways 7 and 101, County Roads 19 and 15 are examples) to reduce traffic impact on residential streets. Safety — on site, on water and egress to both shall be graded. Public use precedent — Sites which are already in public ov/nership or in commercial or industrial use, or isolated from other residential areas, have the least neighborhood impact, and where public facilities or services have been provided and accepted. ' ' ' Intensity of boating use near a potential access site — Sections of the lake where there is intense boating, or crowding i.i channels, should be downgraded. 5. Cost — Property acquisition, development and maintenance costs must be considered. Physical development constraints — Consider positive and negative impacts needed on land and in the water to make the potential site usable. 7. Visual impacts — Positive and negative visual impacts as seen from land and water. Multiple use opportunities for the site — Sites that could provide facilities such as shore fishing, pier fishing, picnic areas, and toilets, etc., along with boat access are preferred. Site size -- Larger sites with off-street parking are preferred. 10. Envirorimcntal considerations related to dredging, fill, run-off control, wetlands, preservation, etc. • i LiitivC iAGi\ rOKOli Access Siting Subcommittee Minute s 6:35 pm, Tuesday, March 9, 1993 LMCD Conference Rm 160, Wayzata Present:Co-Chair Don Germanson, Co-Chair John Schneider, Dave Cochran, Nick Duff, Bert Foster, Jim Grathwol, Gordon Kimball, Gary Larson, Mike Markell, and guest Bob Leighton, LMLOA. MINNETRISTA CITY COUNCIL PRESENTATION BY DON GERMANSON. Foster asked that the subcommittee consider comments offered by Germanson at the February 16 Minnetrista City Council public hearing. This public hearing addressed car/trailer parking at the city's public accesses for purposes of entering into an agreement with LMCD to meet its portion of the car/trailer parking goals for Lake Minnetonka. The subcommittee agreed with Foster's request. Foster then explained his understanding that Germanson had spoken on behalf of LMLOA and the Access Siting Subcommittee in stating he believes the city has the "cart before the horse" and was preiriture in considering an access agreement at this time. Foster also understood that Germanson stated the Lake Access Task Force would rather see fewer large accesses on the lake. Germanson responded that he attended the meeting on req«^est of residents in the Phelps Bay/Tuxedo Blvd. who were concerned about the public use of the Douglas Beach access area: Germanson said the parking agreements were to be a coordinated effort between the cities, LMCD, DNR, Hennepin County and others. He felt the cart is before the horse as this access agreement is a thing between the LMCD and the city. H6 thsn added that he sees the accesses as out of control. There are no inspections or efforts to protect the lake from exotics coming in. There is no environmental protection around the lake. He believes the Tuxedo Blyd. access on Phelps Bay should be closed as being too small. Foster stated his understanding that the Lake Access Task Force effort at this time is to certify the car/trailer parking at existing accesses. He agrees that evervLuasome of the smaller accesses may be closed as more and fewer larger accesses come into being. The subcommittee agreec with Foster’s understanding. Foster continued that if LMLOA wants controlled accesses, thej need to bring that up to the Lake Access Tas»t Force, nut promoted by LMLCA outside of the Task Force. Grathwol added that the Task Force is not presently operating to deal with controls for lebra musse* ana other exo.^c.;.. t » ! ACCESS SITIIJG SUBCOMMITTEE, Minutes, 3/9/93, p. 2 Foster asked Germanson i£ he was "on board" with the vision for achieving the 700 car/trailer parking spaces for laKe access He also notes that the Operating Guidelines which ^ set procedures for the Task Force chairperson service shoulo also apply to all committee and subcommittee chairs as they relate to going along with task force goals and maintaining the credibility of the task force. Foster added that viewpoints on other positions prior co a decision by the task force are fully encouraged. Once a position is taken, however, the chair then is expectec to support that position or step down. Germanson agreed that he would continue in the spirit of the Operating Guidelines. HWY 101 CAUSEWAY ACCESS UPDATE. The recent Mb DO^ announcement that it now plans only to reouiid the oridge with no other improvements on DNR prompted subcommittee concern. their commissioner Rod Sando is sending a written decision. DNR is a party to the agreement on the Hwy. *0i upgrade but was not contacted regarding MH DOT s aecision. Foster recommends the LMCD chair wi-te the MN DOT commissioner to include an improved access also ask for a meeting with the commissioner to matter. The subcommittee agreed LMCD shouid do th ... q ^ Tb- role of Gray's Bay Marina being part of the access solution was discussed. This has been among the considered by MN DOT and the City agency is in favor of options involving the marina. ACCESS SITE RANKING CRITERIA. The draft ?rthrio63 Germanson from the ““^tnally presented^i^ was Task to Access Site Evalurition Criteria. Un^tLs 1 ?htLgh 1' were per the attached draft. The subcomi'ittee agreed to present this draft to tn. Force. POTENTIAL ACCESS SITES. Cominunications fromJom^Penn, LMCD board representative regarding . P. ^ L-\ke lakeshore City of Tonka Bay pub cd,, e«S tt ^as ^ctry dick^nrrnr^o “r^oSudSrfhr s La,..e offer for review under the pioposed evaluation crite I ’h 1 ACCESS SITING SUBCOMMITTEE, Minutes, 3/9/93, p. 3 SLIDE PRESENTATION, MARINA, MULTIPLE DOCK, WINTER AND SUMMER PUBLIC ACCESS AERIAL SURVEY. Germanson presented a thorough slide program taken during an aerial survey with Dave Dotzenroth, Clear Air, Inc., on Saturday, Feb. 27, 1993. The slides illustrate many fire lane or street ends used for winter access, otherwi-e not used in the summer. It also clearly presented the existing as well as some prospective public access sites. Germanson narrated the slide leview. Viewing was excellent with the absence of tree leaf cover. The subcommittee recommended it would be worth showing the program to the full Task Force on March 18. Schneider and Germanson will prepare a prospective access site list taken from the slide material for subcommittee review at its April meeting. NEXT MEETING, ADJOURNMENT. The ne.xt meeting was agreed for 6:30 pm, Tuesday, April 6. There being no further business, the meeting was adjourned at 10:05 pm. Respectfully submitted Fugfne R. Stroininen Executive Director 'V »4i •'i: : 7 \ '■ ‘i' v-a MiMiiiaiiiii A. LAKE MINNETONKA CONSERVATION DISTRICT Lake Access Parking Agreement This Agreement is made between the Lake Minnetonka Conservation District (LMCD) and the ( both public corporations organized and existing under the laws of the State of Minnesota. WITNESSETH: WHEREAS the LMCD and () are jointly concerned with providing public boating access to Lake Minnetonka meeting the Parking Standards for Lake Minnetonka, and WHEREAS the LMCD and () recognize that a goal of 700 car/trailer spaces will bt provided in the vicinity of present and future access sites around the lake on as equitable a basis as possible NOW, THEREFORE, in consideration of the mutual covenants herein, it is agreed by the LMCD and () that the conditions for car/trailer parking for the public access identified on the attached checklist meets the Parking Standards detailed on the checklist so identified. IN WITNESS WHEREOF, the LMCD and < have caused this agreement to be duly executed this day - 19 LAKE MINNETONKA CONSERVATION DISTRICT: AGENCY/CITY: By jijLm 1 I . f • Checklist for Evaluating Lake Minnetonka Public Access Car/Trailer Parking Agreements 1. 2. 3. 4. 5. 1. 2. 3. Access Name Access City Lake Zone No. Location of Car/Trailer ?arKing: i a. Off roadf on access site . . • b. Off road, remote from access site, * Distance in feet from access site _ _ _ _ c. On road, less than 1,500 feet d. On road, 1,501 feet to 2,000 feet Number of temporary boat mooring dock spaces provided^ based upon the number of boats equal to 1055 of parking spaces between 1,500 feet to 2,000 feet. Plan on file with LMCD Illustrating each car/trailer space with adequate Ingress, egress and maneuvering space, meeting minimum size of: Standard Vehicle only ... 9* x 19' Handicapped Vehicle only . . 12' x 19' (vehicles count up to 105( of total number of car/trailer spaces on lot) Car/Trailer Combination . . 10' x 40' (per count in items 3.a and/or b> COn-lox. designated trailer parking on grass is acceptable if vehicle is parked on graded/paved surface.1 Total, car/trailer parking spaces . . . . . . . . . Total, vehicle without trailer parking spaces . of spaces: 8 8 3 3 3 COOPERATING PROVISIONS: Signage provided which is clear, aesthetically attractive, consolidated, for eajv updating . Initial as accepted: All spaces available on unrestricted, first” come, first-served basis, Memori - Day to Labor Day, 5:00 pm Friday until mxdnight Sunday, with fifty percent (50*/.) of spaces meeting Parking Standards available weekdays. All on-street parking spaces meet following s':andards: a. Minimum length of 50 feet per space b* Adequate shoulder width to preclude door opening into traffic lane. c. d. i/23/93 Page 2 Checklist for Evaluating Lake Minnetonka Public Access Car/Trailer Parking Agreement Safe pedestrian route to access point provided. On-street parking spaces non-designated (non-signed) are counted as 75% reliable for car/trailer parking. Designated and signed on-street car/trailer parking spaces are counted 100% for car/trailer parking use. f. On-street car/trailer parking spaces are illustrated on a plan by street name on file with the LMCO. 5.a. LAKE MINNETONKA CONSERVATION DISTRICT DRAFT Mayor Vern Kaug City of Tonka Bay 4901 Manitou Rd Tonka Bay, MN 55331 Dear Mayor Haug, The Lake Access Task Force Access Siting Subcommittee has been provided a copy of LMCD representative Tom Penn s letter of 2/22/93 indicating that city officials are receptive to discussing the possible expansion of public access in the vicinity of the existing Tonka Bay city docks. The Lake Access Task Force, at the recommendation of the Access Siting Subcommittee, encourages city officials to explore how it might accommodate some public car/trailer parking and lake access at the city docks. Since this is an existing public facility, the inclusion of some car/trailer parking spaces may be compatible with the present area use. The subcommittee also notes that the city would expect some support from the DNR in certain improvements wnich would serve to benefit the channel and grounds serving the city docks. - • - Please let us know how the Lake Access Task Force can be of assistance as the city considers its possibilities for 1_/ ¥ fski \ t^r narkina in the vicinity of assistance as uue v, r--- - -7 7 7. , including some car/trailer parking in the vicinity of the city docks. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT James Grathwol Chair _ _ 3-ct Jim Giathwol, Chairman LMCD-Lake Access "^iskforce 216 Water Street Excelsior, Minnesota 55331 2-22-93 Dear Jim, As we have discussed previously, the City of Tonka Bay is receptive to "discussing" the possible expansion of public access in the vicinity of the existing Tonka Bay City docks. The City understands the need for defining public access sites on Lake Minnetonka and is willing to discuss their role in that process. As an "offset” for expanding the public access In this area, however, the City would expect some concessions from the DNR and other appropriate agencies. This list of concessions includes, but may not be limited to the following: 1.Retention of all existing docks and slides as licensed by the LMCD. 2.The dredging of the channel leading from the main lake to the City dock area and ramp. 3. 4. The rip rap of the entrance to the channel from the main lake. The construction of a retaining wall in the vicinity of the existing City docks. 5.The construction o^ a public fishing pier (this is also being pursued with Gene Strommen as part of the Shoreline Fishing initiative). 6.Construction of additional lighting and fencing on arid In the vicinity of the City docks to ensure protection of boats stored at that location. 7.Construction of paved walkways within the existing City park to provide access to and"rorthe City docks, fishing pier (if constructed) and the publ.c access. 8.Construction of an expanded parking area for public use. This may be in the area located between the City Hall and highway 19. 9.Complete paving of the existing City parking area immediately adjacent to the ramp location and the existing City docks. J Bfjfiin I Tonka Bay Public Access Page 2 I understand this is an extensive "wish list", however, the City feels that if they offer to expand the public access at the City dock locations, these concessions are considered a fair trade off to the additional traffic, maintenance and security issues that will surface as a result of the expanded public access. As you and the Lake Access Committee finalize the site selection process and begin to actively look at new access locations around the lake, please consider the area described above. I feel the expansion of public access at this location would be a great benefit to both the public and the City of Tonka Bay. Thanks for your consideration and please let me know your time table as to when you may want to discuss this issue with myself and representatives from the City of Tonka Bay. Tom Pann LMCD Representative City of Tonka Bay • • «. CC:Vern Haug: Mayor of Tonka Bay Dave Canister: City Administrator: City of Tonka Bay Gene Strommen: Executive Director LMCD \data\wp5 UlkmtkaUbdocks FEB 2 3 iS93 TTI I i»a S.b LAKE MINNETONKA CONSERVATION DISTRICT DRAFT Edina Really. Wayzata/Lake Minnetonka Offlce 1120 East Wa)‘zaU BoulnanI Ua)iBtA. Minncsoia (612) 476-2411 December 8> 1992 Gene Strommen Lake Minnetonka Conservation District 900 East Wayzata Blvd. Wayzata, MN. 55391 Dear Mr. Strommen: Enclosed is an information sheet on the two sites available in Spring Park on West Arm Bay of Lake Minnetonka. Parcel # 1 is priced at $1,400,000 for 3.4 acres and approximately 1100 feet of shoreline. Parcel # 2 is priced at $ 700,000 for 2.2 acres and approximately 630 feet of shorline. Both sites ar available for purchase and we are working wt.h an interested ^arty on parcel # 2. Parcel # 1 could be easily used for a boat launching gite for Minnesota Department of NatuTal Resources. You can call me at 476-5317 if you need more information. Sincerely:/ Donald R. Peterson Edina Realty copy: Robert J. Pond KiiCliivci DEC 1 j 1992 V c.u- •I f ,•« I f ttVtf* —^*1% *1 nO\ " »n A — Ul il ' iH * ' ■ • ■■ 30C >• ^.. CSU ‘ -*-4l«»« 1^ 1 s.. «> 1/ Ai" ^ " ry 11 _ ^ < I pi w- ■ ■ c^T LAKE MINNETONKA CONSERVATION DISTRICT DRAFT Mary Ellen McNutt-Platzer 197S5 Muirfield Cir Excelsior, MN 55331 Dear Ms. McNutt-Platzer, The Lake Access Task Force and Access Siting Subcommittee ha been informed of your letter of 2/11/93 identifying properties at 3065 and 3071 Lake Shore Blvd. for sale or lease on Libbs Lake, Mini.eioaka. This property will be reviewed in conjunction witi- Access Site Evaluation Criteria. We will keep you informed of the evaluation review. Please let us know if there are any changes to the property avai1abi1ity. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT James Grathwol Chair w 19765 Muirfield Circle Excelsior, MN 55331 February 11, 1993 Lake Minnetonka Conservation District 900 East Wayzata Blvd. Room 160 Wayzata, MN 55391 ATTN: Mr. Gene btrommen Dear Mr. Strommen: I have 2 parcels of property on Libbs Lake adjoining Libbs Lake Park on Lake Minnetonka that I would be interested in selling and/or leasing to the LCMD as lake access. The address of these properties are: 3065 Lake Shore Blvd., and 3071 Lake Shore Blvd. 3065 Lake Shore Blvd. has 80 feet of shore lire and is 400 feet deep. 3071 Lake Shore Blvd. adjoins the above mentioned property and is adjacent to the Park. The dimensions are 40 feet of lake shore and 400 feet deep. This property also has a 10 foot strip of land across the park property (Torrens) that divides the park property. Presently, there are houses on each parcel that are of early 1930, 1940 V i ntage. There is also a parcel of property on Pari'. Lane that is adjacent to the park property that could be acquired. This would give you one large parcel for lake access. If you do not want to use it for lake access, I would suggesT you purchase the park from the city of Minnetonka and develop it, as I dc not think fhey have the funding to expand this park. i Enclosed please find a plat map that gives you a visual of the property. If you have any questions, please contact me at 474-3699. Thank you for your time and consideration. Warmest Personal Regards, 01/i (*/ It/i u -p/u,Kc-\ Mary Ellen McNutt-Platzer RECEiIVkU FEB 1 C1993 C o ' • . ,i, V ; ■%I i ^ *.t d 11••n-EC. 17. T. 117, R.22 ivihNiNic. IONKA—54 alY[R R. f 200 s c A te INCH r 2OO FEET uitt COUNTY SUf HtNSErlN C •ivjrxiTr-V^'T ^NETONKf ' ~^ • . r - II.\‘ iVv>Clff «»• f ;. . ;5;\ {' »cs,.: ^s<»-cv; Iritpa-J nini i'A- < »1 • •. . • . - i _ I /4 <T M|«t * »# \ •*:i •/ 1 II*. 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TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator March 18, 1993 SUBJECT: Concerns From Neighbors Regarding Lasher Landing Public Access on North Shore Drive The attached memo from John Gerhardson outlines the concerns of the neighbors adjacent to the Lasher Landing access located between 2605 and 2655 North Shore Drive, and outlines options for add'-essing those concerns ranging from restricting the use of the access, to vacating the access. The following is a discussion of several of the options. 1. 2. 3 . Restrict the use of the access through installation of a gate. The City restricts access at a number of similar sites through the use of a gate. At some accesses the gate is closed in the winter and open in the summer. At others it is open in the winter and closed in the summer. Currently the Lasher Landing access is not used in the summer. It is overgrown with vegetation and is not recognized as an access. The access is used in the winter by people putting their ice houses on the lake. The installation of a gate that would be open in he winter and closed in the summer would give the message of a restricted access but would allow open access in the winter. This option may not fully- address the concerns of the neighbors regarding disruptive persons who make use of the access. Develop a method of further restricting access. The group who currently most use the access are those with ice houses on the lake. It may be possible to develop a system that includes a locked gate year-around that would restrict vehicular access yet allow pedestrian access. Those with ice houses could be accommodated by a permit system that provides them with a key to the gate during the winter season. This alternative would preser'/e the public access use for pedestrians and would provide public access for those with ice houses through the permit system. Access would be restricted for all other vehicular uses. Although this option is more restrictive it does more fully address the concerns of the neighbors while preserving the landing as a public access. Vacate the public access. Although the option of vacating the access would fully address the concerns of the neighbors it would be contrary to the City's policy of preserving existing public accesses*. The City generally addresses concerns regarding these types of accesses by placing restrictions on the use of the access rather than vacating the access. I .1. ■ »t Lasher Landing Public Access Page 2 of 2 It is staff's recommendation that at a minimum the concerns of the neighbors be addressed through the installation of a gate to be closed in the summer and open in the winter; and that staff explore ways to further restrict vehicular access during the winter months while continuing to meet the needs of those who currently use the landing as an access for their ice houses. •1 TO:Ron Moorse, City Manager FROM:John R. Gerhardson, Public Works Director DATE:February 2, 1993 SUBJECT: Lasher Landing Lake Access Recently there have been discussion and meetings regarding th j lake access between 2605 and 2655 North Shore Drive more commonly known as Lasher Landing. The reason for the discussion is because there have been complaints from the residences adjacem to the access about the type of use, that being access to the lake for uses other than ice fishing. Other uses include occasional snowmobiles, worker ’s vehicles for tree removal, shoreland maintenance, etc. It appears that this access currently receives very little use. Its main use is for putting icehouses on the lake. The number of icehouses is very small. This access provides an additional ac'jess to the bay which is helpful if ice conditions change preventing the other accesses from being used from certain parts of die bay. Staff agrees wldi the adjacent residents that the access is not needed for and should not be used by snowmobilers. It may be that the access is currently used by pedestrians and skiers but staff is not aware of how much the access is for this pur^se. Of great concern by the neighbors is the types of activity, that being drinking, partying, trespassing, littering, late hours, exposure, property damage, and animals running at large. The neighbors are also concerned that the access is an isolated strip that can enable a vehicle to be parked unseen. In addition, the adjacent neighbors ’ attorneys beiieve that the access does not belong to the public but in fact the adjacent properties nm to the center of the access. There is a fair amount of information in the file regarding this access and it is the opinion of the City Attorney that the City does have rights to the access. However, City staff and the adjacent residences feel that it would be costly for the City and them to pu^e legal ownership at this time and would like to work out a reasonable solution to the situation. Our conunents to them have been that the City could regulate the type and time of use of the access as we have with others in the City, that being installation of a gate, and signage. They would like to have a gate, no signage and entrance by permit only with a vacation of the access at a specified time in the very near future. We have indicated to the neighbors that any and all proposed regulations would have to be approved by the Orono Council. Sute statute requires that if a City is considering vacating an existing public access to a lake a public hearing must be held to receive public comments. Past experience indicates that m^y organizations with an interest in lake access will attend such a public hearing to argue against giving up an existing public access. i A^vii^v & / ' '■? jv>'^uV// March 18, 1993 CITYof ORONO Municipal Offices PttlOfllreBox66 Crystal Bay, .Minncsoui 55323-( Senator Gen Olson 125 State Office Building St. Paul, Minnesota 55155 Dear Senator Olson, This letter is to express the strong opposition of the City of Orono to any proposed legislation that would expand the authority of State or Regional agencies at the expense of locax government authority. Of specific concern are bills such as SF449 which is proposed to greatly increase the authority of the Metropolitan Council vis-a-vis local planning and zoning authority. Although the most objectionable provisions of SF449 have now been removed, the City still feels it important that you are keenly aware of our opposition to this type of legislation. Orono's long history of experience in dealing with other governmental agencies on issues suc'h as land use and environmental concerns is that they tend toward the lowest common denominator, resulting in regulations which neither provide the optimum solution nor match specific local conditions and needs. These regulations are then inflexibly enforced without regard to local efforts and solutions which may be doing a better job of addressing the issues. The City requests that you use your best efforts to preserve local authority in the face of proposed legislation that would increase the authority of State or Regional agencies at the expense of local governments. Please keep the City advised ^ current or future proposed legislation in this area, -.la.ik you x your help. Sincerely, Ronald J. Moorse City Administrator TELEPHONX - *73-r357 • FAX • 4734K10 To:Mayor Callahan and Orono Councilmembers Ron Moorsc, City Administrator From:Michael P. Gaffron, Assistant Planning & Zoning Administrator Date:March 19, 1993 Subject: Revised Marina License Application Forms List of Exhibits A B Proposed Cover Letter Proposed Marina License Application Form Attached is a cover letter and revised Marina License Application form for Council approval before they are mailed out. Jeanne and I reviewed the old forms and condensed them to some degree, omitting items which were out of date or didn’t provide useful information, and added others, such as expanding the "Business Activities" listing to include boat clubs, charter boat port-of-call. etc. We left in dau regarding numbers of boats on land and water since our application fee still is based on numbers of boats. We omitted references to landscape plans. Finally, note that the late fee stated on the form is $150.00. We discovered that since 1984 the City Fee Schedule has listed the late fee as $150.00, even though the application forms have always stated it as $50.00. We don ’t know why this happened, but we presume you want it at the $150.00 amount. Council may wish to consider whether they will issue a license to a marina that aims in an application showing more boat units than historically approved by the City or LMCD. Presuming your intent is to Issue a license regardless, we could issue a license for the operation with a disclaimer stoting what degree of activity the City is licensing, and that the mere ^t of issuing a license neither yarantees nor vests any right in a stated or unstated level of activity. number of boats, etc. k March 23, 1993 Dear Orono Marina Operator: Attached is your application for a 1993 Marina License, which should be returned to the City offices no later than April 15, 1993. The City Council on March 8, adopted Ordinance No. 113, Second Series, which eliminates from the marina licensing code section, virtually all performance standard references which were duplicated in the B-2 Zoning District Standards of Section 10.41. It is the Council ’s stated intent to issue licenses for 1993 to all marinas who make application, and deal with any land use issues through the Zoning Code. As you may be aware, review of the B-2 Lakeshore Business District zoning performance standards is currently underway. A public hearing has been scheduled for April 19 regarding the proposed revisions to those standards. The license application form has been revised. We have enclosed copies of the most recent site plan we have on file for your property. Please submit separate updated plans for your winter storage/parking and summer storage/parking on the property, as requir^ per the application form. If you have any questions, ple:'se feel free to contact me at 473-7357. Sincerely, Michael P. Gaffron Assistant Planning & Zoning Administrator Enclosure MPG/Isv CITY OF ORONO License Year P.O. Box 66, Crystal Bay, Minnesota 55323 Phone 473-7357 Date application sent to Marina Date application returned to CiQ' ANNUAL COMMERCIAL MARINA UCENSE APPLICATION - Pursuant to Orono Municipal Code Section 5.42, Subdivision 2 - Licensed Required, It is unlawful for any person to engage or participate in the "business of docking, mooring, or storing boats or (operating) a conunercial boat dock business" without inst having obtained a license dierefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPUCATION, REQUIRED ATTACHMENTS, AND UCENSE APPLICATION FEE TO THE CITY CLERK BY APRIL 15 OF THE LICENSE YEAR. BUSINESS INFORMATION 1. BUSINESS OR TRADE NAME Street Address Mailing Address Marina Phone Office Phone OWNERSHIP/OPERATION Fee Owner (if different than above) Address ________ Phone 3.BUSINESS ORGANIZATION: (Check applicable item) individual ownership ____ partnership _coiporation List the name of each partner or corporate officei and their title: Name of the marina manager responsible for daily operation: List the minimum number of employees on duty when the marina is open to the public during the boating season: dock attendants ____ repair or ser\ ice personnel others available for sales/public information, etc. Page 1 of 4 List every occupant of the property other than the Business noted above; 4. PRINCIPAL BUSINESS ACTIVITY (Check all services offered): in-water slip rental buoy rental dry storage ____ winter in and out service boat clubs repair parts and service fuel sales l)oat launching (dav-use ramp) boat rental boat holding tank pumpout bait and tackle sales boat and trailer sales charter boat port-of-call other 5.BUSINESS SCHEDULE (Check appropriate items): ____ open all year ___ List proposed hours of operation: dock access retail sales & service open during boating season or!^' AM to AM to PM PM 6.MARINA SECURITY is provided by: CARETAKER living on site? _____ SLIPS AND BOAT UNITS List the maximum number of boats in each category. Each slip, mooring or other space actually used for storage or keeping of boats or watercraft must be indicated and numbered on die dock and site plan submitted with this application. Company Rental Rental Slips/ Other Total Owned Boats Spaces Boats 7. BOATS STORED IN THE WATER (for lake use) a. At dock slips ____ __________________ ____ Total Boats in Water ____ ____ ____ 8.BOATS STORED ON LAND FOR LAKE USE a. Inside Buildings ____ Outside on Racks ____ Outside - other means ____ Total Boats Stored on Land for Lake Use b. c. TOTAL BOATS FOR LAKE USE (Add 7 and 8) Page 2 of 4 10.OTHER BOATS ON PREMISES (SUMMER) a.Transient boats (repair/service) b New boats for sale (inventory) c.Used boats for sale (inventory) d.Other (list:) Toul Inside Building Outside Building Total 11.OTHER BO/^rS ON PREMISES (WINTER) a. Transient boats (repair/service) b. Conti act storage (customer’s boats) c. Inventory (new & used boats) d. Other (list:_________________) I’otal Inside Building Outside Building Total OFF.STREET PARKING REQUIREMENTS 12. ♦ II SUMMER PARKING a. Retail sales/service customers 8 spaces minimum (+1 per each 800 s.f. over 1, b. Boating customers 6 spaces per 10 boats for lake use (.6 x__(line 9)] = c. Launching ramp customers (day use) 10 spaces minimum per ramp = s.f.) =cars cars cars TOTAL SPACES 13.WINTER PARKING a. [.2 X (add lines 12a and 12b)]cars ICK CONSTRUCTION 14.CHECK ALL THAT APPLY: Permanent ____ Seasonal __ Concrete __ MeuI Foam Pilings: Decking Wood Wood ___ De-icing normally used Metal Other (3ther Flotation Method (if used);Barrels Other Page 3 of 4 —- ATTACHMENTS The following must accompany this application: 1 2 3 A CERTIFICATE OF SURVEY indicating the boundaries of the marina property and the authorized dock use area, the location of all structures, storage areas, docks, slips, buoys, launching ramps, gas pumps and tanks, parking areas, access areas, fencing and landscaping features. The drawing shall be updated each year to show all existing facilities, all changes from the previous season, and any changes proposed for the duration of the current application. The drawing shall also indicate the locations of winter storage and required winter parking spaces. A copy of your LMCD LICENSE APPLICATION. A COMMERCIAL MARINA LICENSE APPLICATION FEE according to the current City fee schedule. Initial Application @ $300.00 _____________ Renewal Application @ $200.00 ___________ Each Boat Unit (Line 9) @ $2.00/ea___________ Late Fee (if not postmarked by April 15) $150.00 TOTAL DUE THIS APPUCATION $ REVIEW PROCEDURE When a complete application is received, the City Council will review the license application and will thereafter pass upon the application per the licensing procedures of Chapter 5. THE MARINA MAY OPEN FOR PUBLIC USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Marina Lice.ise application, and agrees and authorizes the City of Orono and the Cit\’s designated employees or agents to enter upon the marina property .at any reasonable time to perform safety and code compliance inspections. Authorized Signamre Date Title Relationship to Owner Page 4 of 4 LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM - Public Hearing 7:30 PM - Regular Meeting Wednesday, March 24, 1993 MAR •’ ^ Tonka Bay City Hall, 4901 Manitou Road (County Rd 19) 7:00 PM - PUBLIC HEARING Boulder Bridge Farm Homeowners Assn, of Shorewood, South Upper Lake, new multiple dock license application to move six boat storage units from the lagoon to the dock on South Upper Lake, increasing storage from 10 to 16 boats on the main lake. 7:30 PM - REGULAR MEETING CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Vice Chair Penn for Chair Cochran READING OF MINUTES - 2/24/93 Board Meeting PUBLIC COMMENTS - From persons in attendance on subjects not on agenda COMMITTEE REPORTS 1. WATER STRUCTURES, Chair Babcock A. Approval of minutes, meeting of 3/13/93 B. West Point Homeowners Assn., Lafayette Bay, Tonka Bay, recommending approval of Multiple Dock License application wiln Findings as presented. C Multiple Dock Licenses renewals without change, recommending approval, village certificates approved, fees fully paid, per 3/13/93 minutes listing, para. 2.A.I. D Multiple Dock Licenses renewals without change wijh ^di?rr ?nd subject to village certificates approved or time expiri^ng, fees to be paid in full, per 3/13/93 minutes listing, para 2.A.2. E. Multiple Dock Licenses renewals be paid by 3/31/93, licenses to be withheld until afcer full payLnt received, subject to village certificates approved or time expiring, per 3/13/93 minutes listing, Para 2.A.3. p. Renewals without change, with special conditions. 1) Excelsior Park Tavern, Excelsior Bay, Excelsior, Multipl Dock Ucense renewal without change for 1993 recommencing approval with amenities furnished as submitted, subject to receipt of village certificate or time expiring. r LMCD Board of Directors Meeting, Agenda, 3/24/93, P. 2 2) Foxhill Homeowners Assn., Smiths Bay, Orono, Multiple Dock License renewal, recommending approval of supplemental site plan for renewal without change, showing installation if 8 of 13 slips with slip #1 relocated. 3)Minnetonka Boat Works, Browns Bay and Tanager Lake, Orono, and Wayzata Bay, Wayzata, Multiple Dock License renewals without change recommending approval subject tc amenities as stipulated, fees paid in full by 3/31/93 and receipt of village certificate or time expiring. G.Hew Multiple Dock Licenses with Minor Changes: 1) Excel Marina, formerly St. Alban's Bay Marina, St. Alban s Bay, Excelsior, recommending approval with name change, fees paid in full by 3/31/93, and receipt of village certificate or time expiring. 2)Gideons Point Homeowners Association, Gideons Bay, Tonka Bay, recommending a Public Hearing to consider a not; dock license application with required fees at 7:30 am, 4/10/93, at the Water Structures Committee meeting as a result of a significant change in dock configuration, unLgss agregmegt. is otherwise reached with all interested parties tO. permit_ a recommend at ion wi t hout ob lect i on t o the Board 3/24/ ^,3 . 3)Libbs Lake Boat Club, Libbs Lake, Minnetonka, recommending approval with a minor change of name and reduction of one BSU, not recoverable, subject to fees due paid by 3/31/93. Sandy Beach Place, West Arm, Orono, recommending apptov.al with minor change of reduction of one BSU, fees due paid by 3/31/93 and village certificate approved or time expiring. Wayzata Yacht Club Site 1, Wayzata Bay, Wayzata, recommending approval of converting two mooring buoys to two slips, subject to fees paid by 3/31/93 and village certificate approved or time expiring. Wayzata Yacht Club Site 1, recommending approval of DMA license with change from 22 buoys to 20 buoys as conveitr.d in item 5 above. 7) Cardinal Cove Beach Assn., Halstead Bay, Minnetrista, recommending approval with minor change subject to written notification of association members by 3/24 Board meeting. H.Lakeside Marina recommendation that the Board impose conditions of LeFevere letter of 3/5/93 when multiple dock license application is received for renewal. I.Resolution 86, setting fees for new dock ^ ^ ® approval of changing the Watercraft Storage Unit (WSU) fe- trom $15 to $10 per WSU. 1 :r LMCD Board of Directors Meeting, 3/24/93, P. 3 2. LAKE USE AND RECREATION, Chair Foster follow). A. Approval of minutes, meeting of 3/22/93, ^to B special Event New Licence Application, Silverado Pro Am Classic C?appie Tournament o£ 5/8/93, as recommended. C. Second^readins-^Ordinance^ame^^^^^ 3^°^^ ^rspecinl Event licenses. D. E. Deposit refund of SlOO, Westonka Winterfest, as recommended. 3. 4. 5. 6. Wine and Beer License -“uranc^ tnd"oharte?‘*boat ?:^^st^a ‘tLriitn*^n:uei!lo' Of balance remaining on preliminary ‘ ^?riw:^rii:jn^rrxi. XII, Merritt ceyen 3) Excelsior Park, Phil Weber ^ii:?Lor!*roL"a:b?i,'sSbirc“?o'cha??«^ being current, as recommended. G Purchase of PFD whistles from Save the Lake fund for Water Patrol and LMCD distribution as recommended. H. Additional business LAKE ACCESS COMMITTEE AND LAKE ACCESS TASK FORCE, Chair Gratl. LakfAccesfacmmittee progress report. B Lake Access Task Force report °£ 3/18/93 and progress of subcommittees on Access Agreements, Siting. ADMINISTRATIVE COMMITTEE, 3/^793 A. Approval of minutes, meeting of 3/li/ • fr. rifeie- on Staggered Terms per draft letter, B. Communication to citie-. o y recommending approval. C. Additional business ENVIRONMENT, Chair JoEllen Hurr 3/9/93 A. Approval of minutes, meeting of 3/9/y B. Additional business EURASIAN WATER MILFOIL Uo"follow) A. Approval of minutes, meeting of B. Employment agreement for EWH Operations project manager, recommending Robert Pierce. C.Budget presentation for 1993 operatiens program •[ LMCD Board of Directors Meeting, Agenda, 3/24/93, P. 4 7. FEE STUDY COMMITTEE, Chair Scott Carlson A. Approval cf minutes, meeting of 3/9/93 B. Progress on staff time, jtudy. C. Progress on review of multiple dock related activities in Purpose Statement, items 5 through 8. D. Additional business. FINANCIAL REPORTS, Treasurer Scott Carlson 1. February Statement of Cash Transactions 2. 3. 4. Audit of Vouchers for Payment 1992 Fiscal Year audit per Bc\?JCOck, Langbein and Co, 1993 Budget amendment recomme'ding inclusion of a Save the Lake revenue and expense account ot $10,000.00 for each item to reflect activity in Save the Lake program activities not otherwise budgeted. EXECUTIVE DIRECTOR REPORT, Gene Strommen 1.Personnel report on changes in administrative staff: i A. Employment of Janet Briner as clerk to replace Carol Ava it . per Avant's resignation effective 3/29/9-3. , ,, B. Notice of resignation of Administrative Secretary/Bookkeeper Lisa Bird, and plans to advertise for a replacement. UNFINISHED BUSINESS NEH BUSINESS ADJOURNMENT I.AKF-: MlNNirrONKA CONSKRVATION DISTRICT RcMular Meeting 7:30 I’M., Wednesday. February 24. 1993 Tonka Hay City Hall a / 'S* J - •' # M CALI. TO ORDER The recular meetine of the LMCD board of Dilec­ tors was called to order by Actinp Chair Carlson at 7:30 I'M. ROLL CALL . . ^ ^ .Members Present: Scott Carlson. Treasurer. Minnetrista. Sert Foster. Deephaven: James Grathwol. Excelsior; Wm. Johnstone. Minnetonka; Thomas Reese. Mound: JoL'.lIen Hurr. Orono; Robert Rascop. Shorewood; Douglas Babcock. Secretary. Spring Park: Robert Slocum. Woodland. Also present: Charles ^eFeyere. coun­ sel: Sgt. Wm. Chandler, Sheriff's Water Patrol: Rache1 Thibau1t. Administrative Technician: Eugene Strommen. Executive Director. Members Absent: David Cochran. Ch'.ir, Greenwood: M i ke Bloom. Minnetonka Beach: Tom I'enn. Vice Chair. Tonka Bay: George C. Owen. Victoria: Duane Markus. Wayzata. CHAIK ANNOUNCEMENTS Carlson had no announcements to make. READING OF MINUTES Babcock asked for a review of the tape of the 1/27/93 ing for a clarification of his comments regarding the two wa.v traffic in the channel proposed for dredging at the Carlson Rea MOTION:^ Rascop moved, Hurr seconded, to approve the minutes of the 1/27/93 meeting as submitted. VOTE: Motion carried unanimously PUBLIC COMMENTS There were no comments iterrs not on the agenda. from persons in attendance regarding COMMITTEE REPORTS . . „ u i1. WATER STRUCTURES COMMITTEE. Chair Babcock A. Minutes - Babcock moved. Grathwol seconded, to approve the minutes of tne Water Structure Committee meeting of ./13/J3 as .submitted. Motion carried unan j mous 1 y . B. Non-encased Molded Polystyrene Foam Prohibited in Float- ^Th^Bo^rf; received a draft ordinance prohibiting the use of non-encased melded expanded bead polystyrene foam (foam) material "n buovs and floating .structures on Lake M i nne t onka: amend i ng LMCD Code S«,*ct. 2.12 Subdivision 4 and adding new Section 2. -. he will supply the Board with » report on the number of temporary structures on the Lake, including buoy.. LMCl) HOAR!) Ol- DlRliCTORS I'cbruary 24, 1993 Johnstone questioned the 4/15/95 effective date fi>r removal of foam material f'^om docks, swimming platforms and other struc­ tures and the 12/31/97 date for removal of huoys using the foam. Babcock said concerns were e.x pressed in that area during the committee discussion. The committee recommendation was based on the logistics of enforcement. 'I'licre are many buoys on the Lake used by private individu . To identify and notify them re­ quires more time. The in.mcdiate problem is fragmentation from commercial docks rather than buoys. In response to a quest itni from Johnstone. Carlson said a buoy costs from $ 4 0 1$ (> 0 . Johnstone responded that he believes 2 to 3 years is enough time to gain compliance regarding all structures and buoys. Grathwol said, in his opinion, it is important to get the problem areas corrected first and to give the less of tensive more time. Iluir stated the use of the foam is either a hazard or it is not. She suggested a uniform date with a warning ticket to be issued to the individual buoy owners if notification is a problem. She does not believe there is justification for two classes of user. Carlson suggested any new l)uoys will have to he encased. Chandler explained that the Water Patrol gives the individu­ al buoy users a permanent license which is updated every three years. Babcock noted that Pollution Control Agency treats the fragmentation as a littering issue and not pollution. He said the problem areas should be enforced first. MOTION: Grathwol moved. Foster seconded, to approve the draft of the ordinance amending LMCD Code Sect. 2.12 regarding Non-enc;ised moldeii polystyrene foam prohibition in floating structures, a.s submitted, waive the second and third reading, ordering adoption and pub 1ication. DISCUSSION: llurr said she can support the ordinance only if it is equal to all. Babcock said he would not like to see the Ordinance fail. He would entertain a motion to make the dates for compli­ ance concurrent. If the oidinance is not passed the problem areas will only conti.nue to get worse. MOTION TO AMEND: Babcock moved. Rascop seconded, to amend the draft ordinance to bring all uses of foam in water structures into compliance by 4/15/95. VOTE ON AMENDMENT: Motion carried. Grathwol voting nay. VOTE ON MOTION AS AMENDED; Motion carried unanimously. to Construct Licensed DocksC. Special Density License - Failure Within a Specified lime. The Board received a draft cf an ordinance relating to the effect on Special Density Licenses of failure to construct li­ censed docks within a specified . ime as amended by the Water Structures Committee. The Committee recommended changing back to the original wortling to allow two years from the date of adoption rather than two years from the date the license was issued. effective I I / I 5/9 3. I I.MCD MOAKI) Ol- mUI-rTOKS February 24. lUU.l li. Reese said he is troubletl l)v tiio effect of tins ordinance (mi RDP Partners. This pives them five years from the oripinal approval of their Special Density License. The oripinal intent was that the RDP Partners building and docks were to be the iiew home for tre Upper lake Minnetonka Yacht (’lub (ULMYC). before votinp on tne Ordinance as it ap()lies to RDP he would want them to appear before the board with a full explanation of tlic ULMYC relationship to the project. He would also want a comparison with the oripinal minutes. Rasc'.p asked if the ordinance being considereil says there is two years from adoption vs two years from the date of original approval. Babcock replied the committee had not recoimiended a date two years from the original approval. RDP and Lxcelsior Park Tavern (LPT), the two ..ffected licensees, asked for an extension to allow them two years from adoption, rather than the original proposal which stated the docks had to started or com­ pleted bv ll/l.‘?/03 to preserve their rights. Babcock reviewed the .Special Density License cord-t ions stating that the RDP building was to be the new home of ULMM* with tile provision that the docks would be rented to nienbers ol 'he ULMYC only. There would be no preference to tenants, in the building'who were members of ULMYC in leasing the slips. meantime, because the RDP building has not been built, the U.MVC is operating from its other location in the City of ShoreAood with the intent to headquarter at the Spring Park location when the building is cons l ri'c t eo. Tliibault added that the ULM\< rieei s the Spring Park location for its keel sciilboats. Rascop said the City of Shorewood has denied the ULMYC a building permit at its Shorewood site and the denial is being litigated. Babcock con­ tinued that this ordinance gives RDP two years to construct hey docks and the building needs to be in place to provide ameriitiey LeFevere commented that currently there are no grounds for multiple dock license. The history of Lake has been that at times wfien people tfiev hav'e been allowed to retain tlieir revocation of the RDP enforcement around the have not constructed. s.ii<l his un.lcrstnndins is th.-U RDP represented that the building would be the new home of ULMVC and its Shorewood would he resolved. He did not favor the » y first place because of added traffic in Spring Park 'Y/.w Ui[. said her feeling is that the license was granted because of Uc involvement of the ULMYC. If the ULMYC is no longer involved she does not believe the license is valid. •ntlbault reported she has talked to RDP and ™ tatives. The lUMYC intends to use the site when the hui din- is constructed because of the need for the deep water. The bl.‘;'> “n h^e its office in the huildinR “"d RDP inteni s . the amenities. Foster said ne does f!' .mn the ord-rintent for either party to do nu d I f fe rent t h.an ‘ ^ ^ conditions state. The L'LMYC may continue ' ° f site for its shallow draft scows. Babcock said he belli i- ULMYi' will use the Spring Park site but nothing wi lappcii un the fumling is obtained for the liuilding. J LMCl) HOARD OH DIKI-CTORS I-cl)maty 24, .'i i i k Rccsc said the Hoard should require compliance with I he conditions of the Order in every respect. MOTION: Grathwol moved. Hurr seconded, to adopt An Ordinance Relating to the Effect on Licenses of Failure to Construct li­ censed Docks within a Specified Time; Amending LMCD Cotic Section 2.05. as amended by committee, waiving the second and third readings and ordering publication. VOTF.: Motion carrieil. Rascop ab.;taining because of his involve­ ment in the ULMYC litigation. D. Length Variances and Dock Lengths for Docks The Hoard received a draft ordinance amending LMCD Code Sect. 1.07. Subd. 3. relating to length variances and Sect. 2.01. Subd. 2 relating to dock lengths. Dabcock noted a typographical error in the fourth line of Section 2 which will be corrected. MOTION: Habcock moved, .lohnstone seconded, to adopt An Ordinance Relating to length Variances and Dock Lengths for Docks oti Lake Minnetonka Amending Lake Minttetonka Conservation District Code of Ordinance Section 1.07. Subdivision 3 and Section 2.01. Subdivi­ sion 2. waiving the third reading and ordering publication. VOTE: Motion carried Rascop voting nay. E. Multiple Dock Licenses 1. MOTION; Habcock moved. Grathwol seconded, to approve the following renewals without change, paid in full, village certifi­ cates approved; Bayview Condominiums. Spring Park Bay Cedar hurst Assn. Robinsotis Hay City of Deephaven, Carsons & St. Louis Bay Driftwood Shores Assn.. Harrisons Bay City of EXce I s it)r . Excelsior Bay Grandview Point Assn. Carsons Bay Hennepin County. Spring Park Day Lafayette Club. Crystal Bay l.akewinds Assn., Spring Park Day Lord Fletchers of the Lake. Co flee Cove City of Minnetonka Beach. Lafayette Bay, Crystal Bay Loner Lake North Minnetonka Fdgewater A|)artments. Spring Park Hay City of Mound. Priests. Cooks, W Upper Lake. Phelps. Black Lake. Emerald Lake. Seton Lake, Harrisons. Jennings K: West Arm Bays Dr. Glen Nelson. Stubbs Bay PM Pizza Enterprises. Black Lake Presbyterian Homes on Lake Minnetonka. Black Lake Seton Village Assn.. Harrisons Bay City of Tonka Bay. Gideons Hay Walden Tract X Property Owners Assn.. St. Louis Hay West Beach Apts.. Coffee Cove VOTE: Motion carried. Hurr abstaining. LMCI) HOARD Ol- DIRKCTORS rchruary 24. 2. MOTION: I».abcock moved. Carlson seconded, to approve I lie followinj: renewals without chansc, subject to balance «lue be i np. paid by 3/31/93: Boat Rentals of Minnetonka. Harrisons Itay Curly’s Minnetonka Marina. Lower Lake N Lord Fletcher’s Apartments. West Arm Park Hill-Park Island Apartments. Black Lake Rockvam Boat Yards. Site 1. Coffee Cove Tonka Hay Marina. Lower Lake S City of Wayzata. Wayzata Bay VOTE: Motion carried unanimously. 3. a. MOTION: Babcock moved. Grathwol seconded, to approve Rockvam Boat Yards, Site 2, Coffee Cove renewal, chan^inc season­ al docks to |)ermanent dock construction, subject to balance due being paid by 3/31/93. (A ce r t i f i ed as-bu i 1 t survey to be sub­ mitted after construction is completed.) VOTE: Motion carried unati i im>us I y . b. MOTION: Babcock moved. Grathwol seconded, to approve the Minnetonka Yacht Club, Sites 2 & 3, St. Louis Bay renewal without change, and the amended site plan (dated lI/20/‘>2) lt>r Site 1. Carsons Day. subject to the balance due being paid by 3/31/93. VOTE. Motion carried unanimously. c. MOTION: Babcock moved. Reese seconded, to approve the Big Island Veterans Camp, Veterans Day, new site plan (dated 12/16/92) with a minor change. VOTE: Motion carried unanimously. d. MOTION: Babcock inov'ed. Rascop seconded, to approve the City of Greenwood, St. Albans Bay. Sites 2 and 3 renewal with no change, and the amended site plan (dated 12/31/92) lor Site I. subject to the balance due being paid by 3/31/93. with the stipu­ lation that there be no extension beyond 100’ and a certified as- built survey of the docks be submitted after they are recon­ structed. There is an understanding that the applicant cannot change the docks back again to the larger dimensions. VOTE: Motion carried unanimously. 4. MOTION: Babcock moved. Gratliwol seconded, to approve the following District Mooring Area license renewals witfiout change. City of Deephaven. Carsons St. Louis Bays City of Excelsior. Excelsior Bay Methodist Lakeside Assembly. Wayzata Bay Minnetonka Yacht Club. Carsons Bay Motion carried unanimously.VO I E LMCI) HOARD or D!Ki:CTORS I’cbruary 2‘l, i • r.*i V 4 1 ii 5. I^akesiiJc Marina, Maxwell Bay. Orono Baf>cock explained the Committee recommendation that action be taken recardiny Lakeside Marina’s advertisitic of unlicensed off-lake storage for "unlimited in and out" launching. Ihc Hoard received a co[)v of a letter, dated 2/19/93. from the executive director to James Dunn. Lakeside Marina. Inc. The letter was sent certified mail and there has been no resf)onse. 'I’he executive director explained that a year age the L'lCD communicated with Dunn on a similar circumstance. The Lakeside Marina grandfathered boat storage density does not allow these additional boat storage facilities. The letter serves as notice that if Lakeside continues to advertise it will be jeopardi7ine its license. LeFevere added that while there is no evidence of a violation at this time, the marina has not a[)plied for its luuj license. When Lakeside does apply, he said, it might be appri)- priate to put some additional reporting or e n f o r ceme r t - t v j>e conditions oti the license alone the lines outlined in the .i/1'*/'.! letter. If the marina does not meet those conditions it won hi be additional grounds for suspension or revocation of the license. Burr said Orono is aware of tlie issue. To dale Lakeside Marina has not violated anything, so no action is necessary at this time. The executive director said an Orono staff member indicated the city is supportive of the LMCD actions. Foster said he cannot understand why there cannot be strict enforcement based on the advertisement. LeFevere said the Hoar<l has a number of choices. 1) Criminal enforcement is usually tried first because it is relativel” '•uick and less expensive. 2) Civil action can be taken, seeking a court order to brine the Marina into compliance. 3) The Board could begin revocation pro­ ceedings or susi>ension of the license. Revoking the license would be the most effective as it would affect the grandfathered status of the Marina. If they did not comply, a court order would be needed to force them to cease operating. Hurr explained the difficulty she and Thibault last year in trying to determine if there was an off violation at the marina. She said boat covers made to see license numbers and without notice before hatui the work was not available as to wh” the boats were there, i.e experienced lake storage it il i f f i cu I f pa pel . for sale, mechanical work or storage. Foster questioned giving notice. LeFevere said Lakeside Marina does not have to provide records, but that could be made part of licensing conditions set by the Hoard. Foster said he would like to have staff pref».ire a list of conditions to pul on the license when it comes up for renewa1. Johnstone asked what kind of test the Water Strueture ‘'om- mittce uses in recommending license renewal. Hurr responded the conditions under which a license is granted have to be met. LeFevere explained that a renewal without change docs not lequire hea r i nu of any k i nd . 1 he ap (> I i can l is en t i l I ed t o a I i ce*iise t o extent as firevious yeais. unless conditions arc elianee'd. low watei. The Hoard goes through the afM»rova( process a the same such as LMCi) noAKi) OK DiKi-rrmus Pc<)ruarv 2‘l . I *)‘M to h'lvt; an opportunity to look at each I i cense anil to \ e i i I|( chanties have been niaile. I’here are stall inspections to sec M there are any chanKt:'^* ailtlitional conditions should he added. Carlson added there have been occasions when docks were moveil out due to low water and action had to be taken to brine t hem back in. , •r• •I.eKevere said if chanees were found that had sie.'iil leant enouuh imi>act on the Lake to warrant non-renewal, he would recom­ mend a Public Hearing with due process. The LMCI) cannot decline to renew a license for arbitrary rea'ons. There have to be legitimate reasons for denial. Thibault reported 7 Multiple Dock j censes have not I’cen renewed* Grathwol said he agrees with the comments abcjt a need lor a good enforcement program. The board’s actions have to be reason­ able and the applicant has a right to a hearing. Carlson aske.l what is done with multiple dock facilities where boats arc stored at docks in the water, without rcncwine the iicense. habcock suggested being firm with all licensees that haven’t renewed and to have any violators appeal beloic t ic Board . ■ •i i • •MOTION: (Jarlson moved. Foster seconded, to have .ill icen.ccs whose renewal applications have not been received by the March Board ineetine be called in for a discussion of their situations. The Lakeside Marina license to be reviewed at the March Vaiei Structures Committee meeting. . , VOTK: Motion carried. Reese voting nay and Slocum aistaining. F. Unrestricted Watercraft Storage at Licensed Multiple Dock Facilities The Board received rccommendat ion.s from the Unrestricted Watercraft Subcoinini i tee of the Water Structures Commi t tee regard­ ing its review of the definition ol "restricted watercraft .and how to treat unrestricted watercraft when figuring boat density. BSUs .ind W.SUs at multiple docks. MOTION: Babcock moved. C.ialhwol seconded, to approve the con«.e|it of how to handle storage of unrestricted wa t e r c i a f t .i t iceiiseui multiple dock facilities as developed by the Unrestricted Wa ei- ernft Subcoiiiini t t oe . VOTF; Motion carried un :nimousIy. G. Old U'isinc.ss - Forest Arms Improvement Asjocialion Thib-iuit reported there has been no contact from the Arm> Improvement Association regarding its application to back license five slips to a previous slip lenath and to reconr,uu.e the docks. 2. LAKF U.sn AND KKCKLATION COMMITTRF.. Chair Foster A Minutes - Foster moved. Reese seconded, to approve- i he minutei of the committee meetinf of as submitted. Mot on carried ufi.in imous I y . r 1 LMCI) nOAKI) OI- DIKl-CTORS rua rV 24, h. Hennepin County 1993 L.akes Improvement Prt>Mram The Hoard received a list of services and projects fi>r lake Minnetonka to be |)rovided by Hennepin County in 199J. as prepareil by Denis Hailey, Lake Improvements. Foster noted the contribution Hennepin County makes to Lake Minnetonka through $174,000 of lake improvements ami iiia i n t enance us well ns the funding of the Water Patrol. H. 1 and 2. Buoy Maps MOTION: Hurr moved, Carlson seconded, to approve the North Seton Channel Slow Buoy map and the 1993 Slow Buoy Placement map for Lake Minnetonka as presented. VOTE: Motion carried unanimously. C. Special Events 1. Deposit Refund MOTION: l-oster moved, Carlson seconded, to approve a deposit refund of $100 for Lafayette Club Family Fishing Derby. 2/7/03. VOTE: Motion carried unanimously. 2. Special Event Licenses, Allowing Executive Director to Approve New Applications. The Board received a draft of an Ordinance which will allow the Executive Director to approve new as well as renewal Special Even t Licenses . MOTION: Foster moved. Jolmstonr seconded, to approve the first reading of An Ordinance Relating to Issuance of Special Events Licenses on Lake Minnetonka; Amending LMCD Code Section 3.09, Subdivision 1, 2. 3. and 4. The second sentence of Subd. 2 is to read "The Board or Execut ive Director. . .” The second sentence of Subd. 3 shall read "In determining whether to grant or le:iy the permit or grant a license with restrictions or conditions the Board p_r Execut i ve Director . . . . ." . DISCUSSION: The executive director said the affected cities are notified before a Special Event License is issued. Tins notifi­ cation is also carried to other cities which might be affected f»v the event. A list of the Special Event Licenses issued and those forthCO in ing will be furnished at the Lake Use and Recieation Committee meeting anti ufjdated to the Board. The e.xecutive direc­ tor said any events of a controversial nature will be refcrietl to the CO mmi11 e e and Board before issuance. As examples he men­ tioned a proposeil commerci.al parasail event and a lake—wide ice fishing contest. VOTE: Motion carried unanimously. D. Decibel Testing Tuesday. pose is Foster reported the committee will hold a decibel test Inc on May 25. 1993. 2 PM at the Water Patrol dock. The pui- to better understand what the different decibel levels KMCI) nOAKI) Ol’ I)I KlUrrOKS l•cb^ua^y 24, actually sound like. The Pollution Control Apency ami Ualcr Patrol will he participants in the testing of various types »»1 boats. 1-os ter asked the Board members to at term the testirrp. li. Water Patrol Keport Chandler said the report submitted to the committee is curren t. Chandler said that according to the Management Plan the Water Patrol and LMCD should be scheduling an annual meeting with other law err f o rcemen t agencies. MOTION: Rascop moved. Carlson seconded, to authorize Set. Chan­ dler of the Water Patrol to work with the LMCD Executive Director to set up a meeting with other law enforcement agencies operatin'-' on the Lake. VOTE: Mo tio n c a r rie d u n a nimo u s1y. Chandler reported the Hennepin County Commissioners have approved a new buildrng for the Water Patrol administration . When that is completed the Water Patrol will have a whole build­ ing for its use, alleviating current crowding. In re.‘.')onse to a question from Johnstone. Chandler saiti there is no known reason for the decline in 1 ish iiouses <»n Lake M i nne t onka . 3. ENVIRONMENT A. Murr said the Enviiajiunent (.'ommittee will meet <»n Match 9, 1993. 8 AM. Ed Pick will talk about Shorelantl Regulations. B. A Lake Watch Training Session w.11 be held on Saturday. April 17. 10 AM. Tonka Bay Marina Club House. Hurr would like to have a go oil representation from the LMCD present to subst<inl iaic the District's interesi in the program. on t he Sc i ett I i f i c C. Eurasian Water Milfoil Task Force Reese and the executive director reported Subcommittee rieetir.g. was a detailed discussion of plaiuntte and the correct ilosage of SONAR ( !• I u i i done 1 . to impact milfoil without damaging native is too incomplete as to what the effective is without damaging native plants, different fluridone concentrations. Reese sa»d there .strategy to determine They want the dosage plants. Present data level for milfoil control There have to be tests at This testing atul evaluation will continue until 1997. Ihere is dissatisfaction tmong lakeshore owners with the liming. The co.st estimate per lake for e,'nclosure tests could be $50,000 lor mate­ rial. Reese said his personal opinion is that the estimate is low. In additior a s;orm could destroy the proposed one acre enclosure curtain or open it up. A small test enclosure is being discussed. ... . . . •Reese l»elieve:; there should he parallel expe r i men I a I i on on Lake Minnetonka with this and other control methods during the fluridone evaluation. The Greenwood City Council favo.s field enclosure tests on St. Alban s Biiy. 4 i i LMCU UOAKO OF DIKIiCTOKS •( t- i sa • N * .1 *f _yl ' ^ > 1i 1 Fcl)ruarv 24. The cxeciilive director saiil part of tlie pi'ol>leiii in reaching a conclusion is that there are many different ideas. I'he DNK has consensus to move on the test program on a 4 year basis. The Corps ol Fn.eineers and other groups say 4 years is a minimum. Th ere is a I s o a n e e d t o k n o \v what the e f f e c * of r e mo v i n e significant are.as of milfoil and (possibly native platits will have on fish. N'ew information on Libbs Lake's flui'idorie treatment in 1991 show's tliat in 1992 a substantial re-growth of milfoil oc­ curred. Tlie cause of this regrowth is being assessed. Fluridcne treatment in three lakes DNR tested in 1992 also raised questions on the treatment effectiveness on milfoil and possible damaee to native plants. The DNR received full support from the scientific commun ly to proceed with the 4 year |)lan. There is concern about the t ine it will ta'<e . The r,.ecutive director said Dr. Neuman. University of Minne­ sota. and 5. cientists from Vermont, are working on bioloaical controls, namely the weevi I . There is a new grant ci>ming to continue the University of Minnesota study. The District has been asked to help with funding that grant. Hurr said she would not want to put any money into the biological study unless theie is assurance of a return. Grathwol said there is a growing impatience among the public with inaction on fimling long term cures for control line milfoil. The con..,.^ he hears is why the District spends money for har­ vesting the use of a chemical will do the job. This reac­ tion goes along with the people not wanting adilitional taxing. Babcock iesponded that, /is of now. harvesting is the only viable option. The executive director said the milfoil budget will I.e presented at the March Board meeting. Fos'er said the District must address the concerns of the fishing community who contend milfoil should not be chemically treated. The executive director said that the DNR does allow b> permit limited chemical control. Reese said it is his opinion there is nothing we can do to control what is going to hapi>en. The LMCD is not structured and financed to run a major milfoil control effort. The l.MCD should be an observer of the efforts of others and not a |>a r t i c i (lan t . Babcock said the focus should be on what can be done f<»r Lake Minnetonka. He believes t'le Board’s time would be better spent on Lake Minnetonka rather than s t a t e-wid e p i n g r a m s. It appears to him that the activity is ii. :v'ing on a state-wide level. Johnstone observed th.it we do not have very much to he I f» the scientific community. LMCD should be a voice to be heard on public policy and work to keep Lake Minnetonka clean for lecrea- tiona1 use . Babcock added the LMCD funds should be used for the local benefit. He mentioned the efforts being considered to keep Zebra Mussel from entering the St. Croi.x River and resultant compcti- t i on f o I i‘ u 'ids . I < t i ■Mill r LMCI) HOARD Ol- DIRHCTORS 4. LAKI-: ACCHSS TASK rORCIi, Chair Gralhwol February 24, lhU.1 Grathwol reported the hake Access Task Force Sitine SuIjciuii- will meeting Tuesday* Mtirch 9* 6*30 PM* I he draft merit is beine tested at several communities. LMCD and " '■ stall members met with the cities of Mound and Wayzata and par ipaled in a public hearing at Minnetrista. Carlson said he believes he will shortly have a signed parking agreement from Minnelr*sI a. 5. ADMINISTRATIVE COMMITTEE, Chair Carlson A* Minutes - Carlson moved* Johnstone seconded* lo ap|)rove the minutes of the 2/4/93 meeting. Motion carried unanimously. 13. Staggered Terms The following staggered terms have been identified I'y board members: 1992 - r>94 Current terms which e.xpire October* E.xcelsior* James Grathwol Minnetonka* William Johnstone Orono. JoEilen Hurr Victoria. George Owen Woodland* Robert Slocum [995 _ 'Terms for one year subject to municipal approval Deephaven,(A. Bert Foster) Minnetonka Beach* (Mike Bloom) Shorewood,(Robert Rascop) Spring Park* (Doug Babcock) Tonka Bay* (Tom I’eiin) 1995 _ Terms for two years subject to municipal apptoval Greenwood* (David Cochran) Minnetrista* (Scott Carlson) Mound* (Tom Reese) Wayzata* (Duane Markus) The al)ove are subject to approval bv the respective t;ity. Babcock said Spring Park is agreeable. The terms a.e to run Irom January to reappointment and installation in January. C. Lake Access Task Force Facilitator Agreement Approval Carlson called attention to the last paragraph of the com­ mittee report which recommends approval of the ' facilitator Don Buckhout with an hourly rate of $-5/hour oi services through 1992 and $30/hour fer 1993 through the contract period of 6/30/93* with facilitating at subcommittees limited to resolving sensitive issues. The executive director said Buckhout will be called upon when necessary. Hurr objected to paying someone to assist in any one commi tee of the Board. _ , . ti... Babcock objected to paying $30 an hour for J’j, executive director said the minutes are nc» being done b> I. i I Stuff. I I LMCU liOAKD or DIRliCTOKS February 24, Ibb.l 3 Orathwol said he iias talked to a number of direciois and others to eot a sense of whether or not a facilitator is needed. The fcelitjj: is that Buckhout represetits an impartial view point and he is effective in reducing controversy. Ihe executiv director estimated the time for Buckhout’s services at al)out 12 hours additional through June. Hurr asked if there was an inletU to continue his services after June 30. Grathwol SiHd he is aiming at January. Id94 lor a conclusion of the committee work. By e.xtending the contract through June it gives an op()ortunity to review the facilitator need after that time. Ilurr said it is harti to remove the image of an emi’loyee of the UNR working as an impartial facilitator. MOTION: Bal)cock moved, Johnstone seconded, to continue the contract with Don Buckhout to June 30. 1993 for $25 an hour lor 1992 services and $30 an hour for the 1993 services. DISCUSSION Rascop objected to the motion because the use of a DNR employee gives the perception of control by the I NR. VOTF: Motion carried. Reese. Hurr and Rascop voting na.v. The executive director reported a check was written in December for Buckhout’s services in the amount of $1,050 instead of the $1400 due. MOTION: Babcock moved. Grathw'ol seconded, to cancel the check issued in 1992 and carry the new bill forward in 1993 as a pay­ able. VOTK: Motion carried unanimousiv. D. mit tee Staff Objectives as Discussed with Administrative coni- The executive director, commenting on the committee leporl on objectives, noted that Chandler pointed out the need for a Water Patrol enforcement review with the other law enforcement agencies. fhere should also be a discussion of marine waste disposal with the marinas. The executive director observed that a time t a I» Ie f o r completing oljjeclives was accepted when tne Management Plan was approved. It a|>pears the District may not meet all of l he objectives within the time table. A re-scheduling of the objec­ tives time table may need to be amended. Rascop suggested getting cooperation from the Minnehaha Creek Watershed District on hardcover items. The next meeting of the Administrative Committee will l)e March II at 3:30 PM. FINANCIAL RFPORTS, Treasurer Carlson A. January Statement of Cash Transactions MOTION: Rascop moved. Bal>cock seconded, to approxe the Statement of Cash Transactions as of J.inuary 31. 1993 as submitted. VOTK: Motion carried unanimousiv. LMCI) nOAKD OF I)IIU:CTORvS February 24, n. Audit of Vouchers for Payment MOTION: Carlson moved, "’j;,'' V,,?ck?7y0^") ' n'roueroo-"'.bills in tl»e amount of S19.111o->- (,ntcKs and payroll checks 1 0 10 t hrough 10 18. VOTK: Motion carried utian imous I y , C. Chambers of Commerce w. -’irKra’fear rs,trsjg»{y: the Chambers of Commerce of all member cities which have Cham bers. VOTE: Motion carried unan i mou.s 1 y . EXECUTIVE DIRECTOR REPORT. Strommen A. Equipment Purchase finritil fGciturcs* cjUch fls scBlnblc fonts. MOTION: Rasco,. moved. Babcock seconded to aulhor:ze l"'[; chase of a Hewlett-Packard Laser Jet I I IP at S9J-. th. st determine the vendor. VOTE: Motion carried unanimously. a. Appointment to MN Sustainable Development Iniliutive Recreation Team The executive director reported he has been iV'-''' '" serve on the Environmental Quality Board’s Sustaina '1. J: *■ .'j , | ment Initiative as a member of the RecreaUon team. There be a meetinp once a month for twelve months. Hurr commended Strommen for his interest. UNFINISHED BUSINESS - None NEW BUSINESS A. SAVE THE LAKE Program Priorities docks. Members were asked to send him their sug.ees it ing them for .i prompt response. J LMCD HOARD OI* DIRECTORS ADJOURNMENT l•cb^u;l^y 24, Carlson moved. Rascop seconded, to adjourn the ineeline. Motion carried unanimously. The meeting was declared adiourtied a t 9:4 5 PMa Action Report: Meet inp,: I.AKI-: MINNIiTONKA CONSIiRVATION DISTRICT Water Structures Committee 7:30 AM.. Saturday. March 13. .903 Norwest Bank Building. VVayzata. Room 135 /• A • Members Present: Douglas Babcock. Chair. Tonka Bay: James Grathwol. Excelsior; Robert Rascop. S.iorewood: Thomas Reese. Mound; Robert Slocum. Woodland. Also Present: Rachel Ihibault. Administ .-at i ve Technician; Eugene Strommen. Executive Director. 1. West Point Place Homeowners Association, Tonka Bay, Lafayette Bay. The committee received the 2/24/93 Public Hearing report and Findings for the new multiple dock license application of the West Point Place Homeowners Association for 8 Boat Storage Units. MOTION: Grathwol moved. Slocum seconded, to recommend the Boaril approve the Multiple Dock License application, with Findings, fot the West Point Place Homeowners Association. VOTE: Motion carried unanimously. 2. Multiple Dock Licenses A. Renewals without change 1. MOTION: Babcock moved. Reese seconded, to recommend approval of the following multiple dock license renewals without change, village certificates having been approved and application fees paid in full: Bayshore Manor Condominiums. Excelsior Baycliffe Property Owners Assn., S Upper Lake Clay Cliffe Homeowners Assn., Old Channel Bay Crane Island Association, Inc.. S Upper Lake Dennis Boats. Lower Lake South Eagle Bluff Association Halsteds Bay Grays Landing Homeowners Assn., Grays Bay Harborage Homeowners Assn., Smithtown Bay Maple Crest Estates, Jennings Bay Mcadowbrook Boat Club. Inc., Grays Bay Navarre Cove Homeowners Assn., Carmans Bay Neslund. Richard. Wayzata Bay Ridgewood Cove Property Owners Assn.. Jennings Bav Willow Woods Corp.. Gideons Bay Woodend Shores Beach Assn.. W Upper Lake VOTE: Motion carried unanimously. 2. MOTION: Babcock moved. Reese seconded, to recommend approval of the following multiple dock licenses renewals without change with orders and stipulations, subject to Village Certifi­ cate being approved or time expired: -continued WATIik STIUiCTURliS COMMlT'n:iv March 1.1, I'»•».) Big Island. Inc.. Lower Lake S Chimo As.sn.. Carsons Bay Crystal Bay Service. Crystal Bay L’xcclsior Bay Associates. Excelsior Bay Herzog Acres Assn.. Wayzata Bay Kreslins. Mary. St. Albans Bay Minnetonka Power Squadron. Big Island Passage Rossberg. Art. S Upper Lake Seahorse Condo Assn.. Jennings Bay Set on Twinhonies. Emerald Bay Smithtown Bay Assn., Smithtown Bay Upper Minnetonka Yacht Club. S Upper Lake Victoria Estates Homeowners Assn.. North Arm Walters Port Assn.. Carmans Bay VOTE; Motion carried unanimously. 3. MOTION: Babcock moved, Rascop seconded, to rccommeml approval of the following renewals without change with the balance due to be paid by 3/31/93. licenses to be withheld until after full payment is received: {* subject to Village Certifi­ cate being approved, or time expiring) * « * * * * * * * VOTE; Al i- Alma’s Supper Club. Cooks Bay Bean’s Greenwood Marina. St. Albans Bay (Survey rec|uiredl Cochrane’s Boatyard, Inc.. Excelsior & St Alb.ms Bay Gayle’s Marina Corp.. Maxwell Bay Gray’s Bay Resort & Marina. Grays Bay Harrison Harbor Twinhome Assn.. Harrisons Bay Howards Point Marina. S Upper Lake Jennings Cove Dock Owners Assn.. Jennings Bay Lafayette Ridge Homeowners Assn.. Lafayette Day Loring Acres Beach Association. W Upper Lake Mai Tai Restaurant, Excelsior Bey Methodist Lakeside Assembly, Wayzata Bay North Shore Drive Marina, Maxwell Bay Sailors World Marina & Yacht Club, Smiths Bay Schmitt’s Marina. Excelsior Bay (Survey required) Shorewood Marina & Yacht Club. Gideons Bay Wayzata Yacht Club. Site 2. Wayzata Bay Windward Mari tie. Browns Bay Motion carried unanimously. 4. Renewals Without Change, with special conditions: A. Excelsior Park Tavern, (EPT), Excelsior Bay Fred Bruntjen submitted a report of the amenities provided in 1992 to meet the EPT Special Density license require­ ments. Thibault has reviewed the report and notes there are so:iie differences. The amenity list called for two charter (loats for passenger service. Bruntjen has advised the sailboat was not used. Bruntjen then submitted the amenity plans for 19^3. Reese asked if there are any re.s t r i ct ions on the public use of the meetine rooms. Bruntjen said there are none, the rooms WATLR STRUCTUUI-S COMMfTTKF Marcti I3» arc nv'a liable to any group. The executive director said i lie Minnesota Lake Association had two meetings there, as well ns two LMCD meetings regarding St. Albans Bay Sonor treatment. Bruntjen agreed to furnish a list of the organizations using the meeting rooms in 1992 and will document the use in 1993. MOTION: Babcock moved. Reese seconded, to recommend approval of the Excelsior Park Tavern Multiple Dock License RenewaI Without Change for 1993 with the list of amenities to be furnished as submitted, subject to receipt of the Village Certificates or time expiring. VOTE: Motion carried unanimously. B. Foxhill Homeowners Association, Smiths Bay The committee receiv'ed the Foxhill Homeowners Associa­ tion application with a supplemental site plan showing installa­ tion of 8 of 13 slips with slip #1 relocated. Slip I is i'’ 32’ long, not 40’. This was allowed in 1992, the 40 providine for a canopy over the32’slip. MOTION: Babcock moved, Reese seconded, to recommend approval ot the supplemental site plan for renewal without chanse ol ih'. Foxhill Homeow'ners Association Multiple Dock License showing installation of 8 of 13 slips with slip #1 relocated. VOTE: Motion carried unanimously. C. Minnetonka Boat Works, Orono. Browns Bay & lanagei Lake and Minnetonka Boat Works, Wayzata. Wayzata Bay. MOTION: Babcock moved. Rascop seconded, to recommend approval ol the renewals without change of the Minnetonka Boat Works Multiple Dock Licenses, subject to the amenities as stipulated, payment ol the balance due by 3/31/93 and receipt of the Village Certificate or time expired. VOTE: Motion carried unanimously. B. New Multiple Dock Licenses with Minor Changes 1. 1‘^xcel Marina (Formerly St. Albans Bay Marina), l-.xcelsi- or. St. Albans Bay. i The former St. Albans Day Marina has a new nair_. L.xcel Marina, and new owner. Bell Waterfront. Inc. The 1993 Mult in e Dock License application has been submit ed without change. MOTION: Babcock moved. Reese seconded, to recommend approv.i o a Multiple Dock License for Excel Marina, subject to payment ol the balance due by 3/31/93 and receipt of the Village Certifi­ cate or time expired. VOTE: .Motion carried unanimously. 2. Oideons Point Homeowners Association (HOA). fonka Bay. Gideons iBav.^ explained that the original HOA Multiple Doe) Li­ cense was granted in 1985 for 12 slips on Out lot A. 1 he I- slips were all on the east side of the walkway 100 from the east set back. The HOA has control of the entire shore, me of the de\e o|» WATI-K S'l KUCTUKI-S COMM I •miK March 1.1. I*)') merit with a density of 1:50’. fhere is 2560’ of sfioieline witli 5* slips. The proposal as submitted by developer Thomas Wart:iiari rew-.1 f i su res the dock to place 6 slips on each side of the walk­ way. set back 30* from the east property line. The i^un'ose is to give greater water depth to the inner slips. In 1‘rSO there was a similar’ effort for reconfiguration due to low water. At that time there was concern expressed by the City of Tonka Hay that it was agreed the original configuration was not to lie chanecil. Thibault said she could not find any restriction of that ty|)e in the I.Mr'D records, although there migtil have been such a restric­ tion rei|uiretl by the city. Tlie dock was subsequently move<l out under a temporary low water variance with no change in configura­ tion. Wartman explained that, while the dock went out I (>n ’ under the temporary low water v'ariance. in moving the dock back the dock still does net have the water depth it needs. The current depth on the inside is 18". That means none of the inside slii>s are navigable. By changing the configuration to six slips on each side of walkway dredging can be avoided. The dock retains its setback. There is a minor change in slip size by increasing width 2’ for larger boats and 1’ for the smaller boats. Vern Haug, 485 Lakeview Avenue, spoke in opposition to the reconfiguration. He presented Tonka Bay City Council minutes of 1985 to show Wartman had selected the approved location of the dock after lengthy public hearings. Haug said any reconfiguration will have a negative impact on his property. Haug does ru: t believe abutting property owners should have to take the imiiact of the development. He states he has also suffered damage from run-off from the outlet. Haug respectfully requested that the committee deny the request. William Kanuit. 130 Gideons Point Road, said his off shore property overlooks the docks. Any change in configuration will obstruct his view of the lake and have a negative affect on his property value. He would like to have the reconfiguration re­ viewed more thoroughly, involving the Gideons Point Homeowners. Wartman responded to Haug’s comment about run off by stating the major amount of it comes from the Tonka Bay streets, alone the property lines. He said the reconfigured dock plan was not hastily dene as it meets the setbacks, provides navigable tlefUh with a minimum lake impact. This has been discussed by the HOA and the majority are in agreement. Wartman said there is nothing in the Tonka Bay ordinances or any city conditions which would prohibit him from making this change. Haug said he has discussed this with the Tonka Bay (.’i t y Attorney. Haug disputes Wnrtman’s claim that he can make this change. Wartman submitted a letter from the neighbor immediately west of the dock indicating he has no objection to the change. Babcock reviewed the Dock Use Area regulations a ml flow Ihev relate t r* t fi i s site. Tfie current configuration and i econ f i eu • a- tion meet all 1MCD requirements. Grathwol asked for i nIoi ination .L wati:k sTKUcruin-s ('oMMrni;i-:Mart’ll 1.1. plan and i n f orma- on water depths. Me noticed that the lot lines on the those on the plat are different and he would want more tion before maki':B a decision. Mauc said the Order issued in 1985 specifically stateil that the docks are to be configured as shown in the attached exhibit, the current licensed configuration. In response to questions from the executive director. V.art- man said most of the riparian lots have one l)oat each. To the best of his knowledge only one riparian owner has a boat on the multip1e dock. the out lot be ins a part of the by the 110 A raised a number of restrictions on each of the lots boats each 1whet lie r The existing situation of 2550’ of shoreline controlled questions. The MOA has certain abutting the MOA shoreline easement as to how many property owner is allowed. A question was raised as of the Mabcoc k to I.M(’I> i n s i / e P u I > I i i’ the 100’ setback from the westerly lot line was part original development approval l>y the City of Tonka Mav, favored a dock plan for the entire shoreline. Accordine Code any substantial change to a dock configuration, or or number of slips woul<l require a new license with a Mearinc. Grathwol would like to find a solution sa t i s 1 .ac t or lo as many people as possible. Babcock observed tlmt this i .s ;i c.ise where overlapping jurisdictions between the LMCD and a city couhl come into play. The applicant needs to meet the LMCD Code as well ns Tonka Bay city requirements. Reese and Grathwol suggested a Public Hearing. The I.MCI) Code does not require a Public Me a r i n e •. f the change i .s m i i.tii . In this case there is a question as to whether the new contiguia tion would meet that definition. Grathwol said he has auestions about the water depth, the effect the change would have on neigh­ boring properties and the drainage from the out lot. William Merriam. 25 Gideon’s Point, suggested the MOA come to agreement on the layiiut ol the docks, check with the < it> «»l Tonka Bay re compliance with its ordinances and a schematic prepared for all of the docks before any Public Hearine. Wartman proposed, in lieu of a Public Hearing, that new site plan with the MOA. inform the Citv of Tonka Haug. and reappear before the Water Structures Committee wo 1 said it would be in Wartman’s and the MOA’s best interest to have a Public Hearing. One can be scheduled at the April 10 Water Structures Committee meeting with a recommendation t «> the Board for its April 28 meeting. This could allow time lor dock installation in May. The executive director added that it aeree- ment can he reached with Haug and other objectors, a Hearing may not be required. Haug said he would want a Hearing as he is not the onl. person affected. MOTION: Reese moved. Raseop seconded, to require the Point Homeowners Association apply for a new dock 1 i ceri^se w, t h the appropriate fees for a Public Hearing to be held at the Aim iI 10. 1'1‘iT Water Structures ('ominittec meeting. Mr. Wartm.in i •• to advise the LMCD within a week if an agreement has otlieiwise levn he do a Bay and Gra t Il­ l'll hi i c pul* I i c G i lie on WATKK STKUCrUKI'S COMMITTI-K Mar Hi II. reached with all interested p/iriies to permit a leconime nd.i t i on to the hoard in March without objections, the April lU f-ublic Hear­ ing otherwise being necessary for the proposed configuration c h a n a e . DISCUSSION: Slocum said, in his opinion, the new tiock configura­ tion meets the LMCD Code requirements. He does not f<elieve further discussion is productive. He added that when a lot is on the property’s end there should be more care in detailing the sc tbacks. Merriam asked whether the I.MCD evei allows tiocks to e\ieiitl beyond lOO’. Babcock responded the entire out lot pa ice I likely has other locations on the 2550’ where a greater depth is avail­ able. A length variance would not seem justified. VOTIi: Motion carried unanimously. 3. Libbs Lake Boat Club, Minnetonka. Libbs Lake 'file licensee has changed its name from Libbs Lake Bay Boat Club to Libbs L_ake Boat Club. The renewal application drops one of the slips, changing the license from 17 BSU to Ip BSU. .Slip #17 is too shallow to use. The applicant once they give up slip #1? they cannot get non-conforming, grandfathered density of 1: MOTION: Babcock moved. Reese seconded, to the Libbs Lake Boat Club Multiple Dock change of n.ime and reduction of one BSU. subject due being paid by 3/31/93. VOTE: Motion carried unanimously. a has been atlvised t.hal it back as thev line 5 ’ . recommend a|)f>roval of License with i minor to I he l>a I ant e 4. Sandy Beach Place, Orono, West Arm The applicant has changed the dock license from 7 B.SIJ to BSU to comply with City of Orono requirements of one lioal per cab i n. MOTION: Babcock moved. Reese seconded, to recommend approval of the Sandy Beach Place Multiple Dock License with a minor chanee of reduction of one BSU. subject to the balance due being paid by 3/31/93 and the Village Certificate being approved or time ex­ pired. VOTE: Motion carried unanimously. 5. Wayzata Yacht Club - Site I, Wa>zata. Wayzata Bay Thibault reported the Wayzata Yacht Club has submitted application to take two buoys from its District Moo ring Area 22 buoys anti picice them on its Multiple Dock License. This allowed under LMCD Code Section 2.04. Subd.. 9 Conversion Docks. The two slips are being added to the east end of docks. Ihe slips are within 100’ and the double side seH>.ick 30’ is tiiel . Ihe City of Wayzal.i has asked the LMCD 11» iect»eni/e that in .ipi>iovine the license that the Wayzata Yacht shoultl meet an of i s 11> f he of WATBR STRU(?TURi:S COMMlTTliK Marc It 13. i‘»‘M its responsibilities with other agencies having j u r i sd i c i i oti over the Yacht Club’s actions on the Lake. The request stems from a request from the City of Wayzata to the Yacht Club ti> remove a 3* strip of asphalt fiom the lake side of the driveway to prevent runoff from the driveway going directly into the l.ake. MOTION: Rascop moved. Grathwol seconded, to recommend approval of the Wayzata Yacht Club, site I. Multiple Dock License with the conversion of two mooring buoys to two slips, subject to the balance due being paid by 3/31/93 and the Villaae Certificate being api>roved or time e.xpiring. VOTIi: Motion carried. 3 ayes. Babcock and Slocum abstaining. 6. Wayzata Yacht Club - District Mooring .Area I DM.A) licens«- MOTION: (3rathwoI moved. Rascop seconded, to recommend appit» al of the Wayzata Yacht Club DMA license with a change from 22 buovs to 20 buoys, as noted in the previous agenda item. VOTE: Motion carried. 3 ayes. Babcock and Slocum abstaining. Reese was e.'ccused. Cardinal Cove Beach Association, Halstead Bay. Minne-7. trista . Thibault explained that the Association has an out lot w i t li 240 feet of shoreline with a density of 1:48’. The application calls for a change in slip size from 14’ to 16' on one dock and an increase in one siile of the dock from 40 to 48 . I he api»li- cation indicates the change in length from 40' to 48' is for canopy installation and for X-braces to stabilize dock movement. One slip will be moved to consolidate the ilock by changing the walkway length to SO’ and using Crepcau style dock on the lareer dock . It*There was discussion as to whether this 8 atlclition atiti - width change is a substantial change. If it is a substantial change the applicant will have to go through the Public Hcnine process for a new dock license. If the change is not subst.intia 1 the Board may issue the dock license without a public he.iiine. L.irry Pillar. President. Cardinal Cove Beach Association. the applicant. said there are canopies on other docks in the cove. The executive director noted that the canopy setbacks aie Slocum observed that a 48’ canopy is significant enoueh in size to ask for comments from the association members. riie executive director suggested asking for approval from Uu: \U)\ membership. Grathwol does not see that it is a sittnificuit change but it was brought in at the last minutes and there is ihe chance neighbors h.ive not had an oppor t un i t y t o commen i . .S I ocum said, that while the change is not substantial, the addition ol the large canopy is significant. • , Pillar said the $500 fee required for a new license. il the change is considered significant, is more than the entire a.ssoci- ation annual fee. He may have a problem in »hat some association members are away until May.- continued i- WATKK STKUCTURI-S COMMI'ITHI-March 13. MOTION: Rascop moved, Slocum seconded, to recommend a[)proval of the new Multiple Dock License with minor change for the Cardinal Cove Beach Association. All members of the Association are tt> he notified of the change in the docks and acknowledge in writtcfj notification before the recommendation is forwarded to the Board for its March meeting. VOTE: Motion carried unanimously. 8. Boulder Bridge Dock Reconfiguration In response to a question from John Thomas, he w.is advised there will be a Public Hearing on March 24. ipyj at “ I’M at the Tonka Bay City Hall to consider the Boulder Bridge request. be placed on the off- 1ake o f f - I a k e s pecifie <Jrono i s Orono's parkine C. Lakeside Marina, Maxwell Bay. Orono Babcock asked for a discussion of conditions to the Lake.side Marina Multiple Dock License to cover storage issues. Kascop suggested tightening the Code to control storage. The executive director said the LMCD Code is on in and out launching. At the same time the City of addressing the land uses for its B-2 zoning areas, zoning covers boats stored on land for in and out use. of the cars and trailers associated with the launching as well as parking as it relates to charter boats and parking for the normal marina operation. T'la t may be a better approach than atldressinc only the watercraft. Rascop said the dry stacking of boats on land for in ami out launching is a lake access issue. Grathwol added there is also the matter of visual impact. Babcock said it also has an effect on over ;i I 1 lake density. Grathwol continued by staling tlicie may be a method of controlling the dry storage by control line the parking and other activities. Babccck said another av’enue of approach to the problem would be enacting ordinances controlling launching ramps. The executive director said the existing stipulations on Lakeside Marina governing iny use of in and out boat storage/Iaunching should be sufficient. There has to be specific documentation of Lakeside's boat storage. Then it is a matter of monitoring it and determining what if any difficulties exist. The committee received a letter from Charles LeFevere. LMCD Counsel, dated 3/5/93. In his letter LeFevere responded to a Board request for a list of conditions which might be imposed upon a marina oper.ator. and which would facilitate etiforcemeni ol the code provisions relating to off-lake storage by LMCD stall. LeFevere noted the procedures to be followed when an application for a multiple dock license* renewal is received. He also listed certain conditions which could be imposed upon the licensee at the time of renewal. MOTION: Babcock moved. Rascop seconded, to tecommetid the Bo.Jid impose the conditions stated by (Miarlcj, LeFevere in fi i s letter oi 3/5/*>3 when the application for renewal of the Lakesitle *4ai iti.i Multiple Dock License is received. VOTF-: Motion cariied unanimously. * -1 Lk ► wati:r structures committer March 13, 3. Resolution 86, In Part setting fees for new Dock Licenses. The committee received a recommendation from staff that the Water Storage Unit part of the fee for a new dock license he changed to the current rate annual rate for a Water Sloraee Unit. In 1993 the fee is $10. . . ■ MOTION* Babcock moved. Slocum seconded, to recommend chan«eine l.b. of Resolution No. 86 to read "A new multiple of commercial dock license application shall be $500 base fee plus $|.0 per Watercraft Storage Unit (WSU). . . . ." VOTE; Motion carried unanimously. 4. Unrestricted Watercraft Thibuult distributed a summary of the ordinances \./uch will be affected bv the Unrestricted Watercraft Subcommittee recommen­ dations as approved in concept by the Board on 2/24/93. Grnthwol said it is difficult to define various types ol boats such as canoes, rowing shells. The only problem is to clearlv state what we mean. Babcock said, as an example. Iiuinaii powered watercraft could include but not be limited to. canoes and rowing shells. That could be followed by a definition ol wind or motor powered watercraft as restricted. Grathwol used an e.xample of the type of challenges which can be thrown into the discussion the case of a 45’ canoe for 30 people. There also is the Minnesota e.xemption of duck boats during hunting season no requiring a license. . Babcock said one method would be to list specific i ems which are restricted and specific items which are ted. leaving it open for future amendments. Jet skis, as an e.xample. could be listed as a restricted item. 5. Adjournment Babcock declared the meeting adjourned at 10:10 AM For the Committee: Eugene Strommen. Executive Director Douglas Babcock. Chair Holmks & Graven CHARTERED H'. Allormyt •! Law RoBitT A. AUor R onald II. Batty Stumcn J. Bvbul JOHN B. DEAN MATY G. Dobbins STCTANIC N. GALEY COBUNE A. HEINE Jaimbss . Holmes David j. Kennedy JOHN R. Labson Welungton II. Law CHABLCS L. LEFEVEBE 470 Pllltbur; Ctnter, MlnmapolU, Mlnnciola SS402 (012) J37-9300 FacaimlU (612) 337-931B John m. LeFevhe . jb. ROBEBTJ. Lindall Lauba K. MOLLCT BABBABA U POBTWmiD James M. STBOMatEN James j. Thomson , jb. Labby m. Webtheim BONNIE L. WILKINS GABY P. WINTEB WRITER'S DIRECT DUL David L. gbaven umswiwd 337-9215 OF COUNSEL ROBEBT C. CABLSON ROBERT L. Davidson March 5, 1993 Gene Strommen Lake Minnetonka Conservation District 900 E. Wayzata Blvd., Suite 160 Wayzata, MN 55391-1836 RE: Amendment of License Conditions Relating to Off-Lake Storage Dear Gene: At its last meeting the Board requested that staff provide the Board vdth a proposed list of conditions which might be imposed upon a marina operator, and which wouia faciUtate enforcement by LMCD staff of the code provisions relating to off-lake storage. First, I should note the procedure related to the imposition of such contUtions. Under LMCD Code Section 2.03, subd. 3, the Board may impose conditions for the Issuance of a Ucense for a multiple dock, mooring area, coi^er^ dock, or a launching ramp. Under Subd. 6 of the same section, a violation of any condition imposed by the Board is a violation of the Code and is grounds for revocation, su^ension or modification of the conditions following the hearing procedures described in Section 1.06, subd. 9. f ,< by Subdivision 7 of Section 2.03. The procedure for changine the license conditions in the case of a Ucense however, is somewhat different. Section 1.08, subd. 12 states ttat newora^nded ^diZus m^y be ta^osed ren;wa‘l of a license. However, ^ CU.4B771 LKllO-l RECEIVtLi MAR - 3 1993 M C D. Gene Slrommen March 5, 1993 Page 2 consideration of a new license The licensee has 30 days from receipt of notice of the additional or amended conditions to make a demand for a hearing. in other words, if the license issuance or renewal process is one which requires a public hearing, additional or amended conditions may be imposed following that hearing. However, in the case of a simple license renewal without a hearing, conditions may not be added or amended without giving the licensee an opportunity for a hearing on those amendments or additional conditions. The additional conditions which we would be considering in the case of Lakeside Marina relate to the nuestion w.iether they are operating ”off-lake storage facilities" without a license. Under LMC!) Code Section 2.045, an off-lake storage facility may not be established, and existing facilities may not be e.xpanded, without obtaining a special density license and a new dock license under the LMCD Code. The question is whether Lakeside Marina has established an off-lake storage facility without first securing a license which includes a recognition of the off-lake storage facilities. Under Subdivision 3 of that section, off-lake storage facilities are defined as "any dock... or launching ramp used by any ... business ... in conjunction with the storage of boats or watercraft off the water of Lake Minnetonka". I understand that a relatively large number of boats and watercraft are stored on the dry land at Lakeside Marina. There is nothing illegal about the storage of such boats without a license unless a facility on the lake such as a dock or launching ramp is used "in conjunction" with the storage of those boats. Therefore, whether the code is violated depends upon the relationship between the launching ramp and the dry-land storage. If the boats on the dry land are not launched at the launching ramp, there would be no violation of the Code. For example, if boats are brought to the Marina for service or repairs and are kept on dry land during such repair activities, no violation of the Code occurs. Likewise, the mere use of Marina property for dry land winter storage unrelated to the use of the launching ramp is not a violation of the Code. At the other end of the spectrum, if a Marina operator leases dry land space for the storage of watercraft which are to be launched and retrieved at the Marina, the facility would be an off-lake storage facility and would require a license. Between these two ends of the spectrum, there may be some gray areas. For example, a Marina operator may take a boat for brokerage sale which would be stored on the land but which might occasionally be launched at the Marina for sailing by a bona fide prospective purchaser of the boat. Another example would be a situation in which a boat is brought to the Marina for service of its engine, and in connection with the testing of the engine, the boat is launched several times at the Marina. I assume that the Board is not concerned about bona fide boat sales or repair activities. I also assume that the Board is not concerned about activities such as CU.49'71 X.KUO-4 Gene Stromniun March 5, 1993 Page 3 winter storage when a boat is launched only once and retrieved only once during the season even though this might be a technical violation of the ordinance. In other words, the primary concern is the kind of off-lake storage winch is used as a substitute for on-lake storage. That is, the kind of storage situation in winch a boat owner or renter periodically comes to the Marina and launches a boat or has the boat launched by the Marina operator for use on the lake as a substitute for actually storing the boat on the water. In the past, efforts to determine whether the on-land storage at the Lakeside Marina was a legitimate sale, winter storage, repair activity, or the like, have been made difficult because of the large number of different situations encountered which might be thought of as being in the grey area and because of the lack of adequate records or access to the records of the Marina operator to ascertain the actual status ot each boat stored on dry land. Since Lakeside Marina is not licensed for off-lake storage, the type of evidence which we would need for enforcement purposes is evidence which would demonstrate that the storage of each boat is in a permitted category of activity. Therefore, the kinds of records available may vary depending on the status of the boat, tor example, a boat left at the Marina for repair would presumably have a dated work authorization order of some kind signed by the boat owner. A boat being kept at the facility for a brokerage would probably involve a written brokerage agreement executed by the owner of the boat. LMCD Code Section 2.03, subd. 4 authorizes the officers and agents of the district to enter and inspect at any reasonable time. This would allow LMCD staff to inventory on-land boats and watercraft at any reasonable time. The next step w<wld be to provide for information to be available which would establish whether each of those boats is in a permissible category, i.e. one which does not cause the marina to be classified as an ’’off lake storage facility”. A condition could be added to the license such as the following: Licensee shall maintain books and records sufficient to establish that marina launching facilities are not being used in conjunction with any of the watercraft parked or stored on land at the marina. Such records shall be available for inspection by LMCD officers and agents upon at least 24 hours notice. Such books and records shall include the name, address and telephone number of the owner of each watercraft stored or parked on land at the marina. Additionally, the licensee shall maintain records to estabUsh the status of each watercraft in a form satisfactory to the executive director of the district. Such records would include, but not be limited to: a.In the case of watercraft at tlxe marina for repair or maintenance, a written work order signed by the Cti«9771 LKllO-4 Gene Strommen March 5, 1993 Page 4 owner of the watercraft, indicating the date the watercraft was delivered for service or maintenance and the estimated date of completion of the work. b.In the case of watercraft at the marina for winter storage, a written storage agreement indicating the date the watercraft was delivered for storage and the date by which it must be picked up by the owner. c.In the case of watercraft being sold at the marina, evidence of ownership by the licensee or an executed brokerage agreement. If you have any further questions, please feel free to give me a call. Very truly yours, 4» ' •Ik Charles L. LeFevere CLL:ckr ClX4»f7l LKllO-4 1 r i«‘ •< ^ / UWtcK- of i'r ^ 4. N* tjoflh line of <5^«^V Lot3, See. Id-117•^3 P' “7_T" ■—sir —-» '^37. ftnn. C^- m«rt 16: ■•< >/ < P>t^flQ»4ViyW 64.04 \oc>k^ wdll N ric fuvTtor-iW^ mon . . _ . ^ £asT l*nt. of G«v / y .• —- V I ? V /-.f< TT" N ,\5^ ,/:-^N:- \ c^-' ~ ) -A /?7?-- 7 rtcon G. '' • 7 75 •^'* ^ /7t\ \ / \ y li^!V^ \ V % \% \ \ \ \ \ \ \ I "4^ _ --------%zz--------------I \\ V>^ ________________________________________________________________"• - - - \' fed 81992 4T-* O n'52 DocKPlan qJ-Ju BOAT Works KtUlilvtO 3 MAH 12 1993 March 11. 1993 Memorandum To: LMCD Staff From: Beth Whittaker Subject: Amenities for 1992 Cruises LMCD/DNR cruise, May 28th Russian businessmen, soccer coaches, July 7lh Aquatennial Royalty and Chamber businessmen, July 26th, 2 boats Northview Jr. High kids. May, 3 boat trips, 75 kids Don Shelby Bass I'ournament-spectators, Sept 11 & 12 Don Shelby Tournamcnt/Ronald McDonald House, Aug 19th Hawaiian Tropic contestants, Aug, 3 boats Sheriffs Fishing Tournament, May 26th Fishing Excm Northview Jr. High students. May, 75 kids Special needs kids Fishing, June 2,12 kids Dennis Green Bass Opener fishing with 2 KFAN participants Bob Stein Bass Opener fishing with 2 KFAN participants DSl fishing with pro anglers Oioi 1992 Sports Show, Pro Staff on hand to educate about fishing 1992 Boat Show, Pro Staff on hand to educate about fishing Fishing Opener - Open House, Pro Staff gave mini fishing senin irs Fishing Center - Open House, Pro Staff gave mini fishing seminars Fish Friday, Broadcast live on KFAN, from MBW, professional fishing tips, techniques Don Shelby Bass Tournament - Seminars throughout the weekend by, Minnkoia, Johnson Fishing, Don Shelby Jeopardy Public Scrvico Hosted the 1992 Power Squadron classes during March and April Complimentary boat slip for Camp Edenwood Complimenttiry boat slip for 'J of M Fisheries Hosted the Sherif fs Fishing Tournament f ^• !- I •<19 m A17/17AA71I FOXHILL association Lake Mir tonka SmithBay MAR 1 11992 1992 DOCK PLAN ^ub-ject to: Agreement between ^oxnill Association and City of Drcno of 6-12-79 and Lake Use ’.cense of A & H Anderson re use : area within East & West exten- ons of Andetson property for lock use by Fcxhill Association Subject to Variance Order of 9/28/78. Granting of slip relocation (//I) Is specific to’this dock plan and continuing approval of neighbor to phe west. Any future amendment of the site plan will require reconsideratio of the entire site plan. (Per Board action 3/25/92) K •• • • /?n V/3 I FOXHILL: Subject to variance Order of 9-2tt-78 ! . • i ^ »«•N. / C. fr7- # •«ii» ^l h•J (/» P 3 L i / (;o ^ / --]—I J_^_ _I f^E.A(— J_LUJ I' JJ v> fi' 'I 1 i J_ I Pi^rrjL ur/iL J__L_J r:AV3C;tl I < . / i_l pvi c:i_ nu Jr^ 'Wcr 1—I r~f • I I m* rox^-liLC. boctr / f f > -/t» /-»|rV-/5<»C *•> f' J Jro / 0 - /tl/ - /3P /ffx - /3 -/?! yyaiAi A r n ♦,» • t * ' « •-* « « House IR Caucus 325 State Office Building St. Paul, MN 55155 Phone: 612/296-5994 or 297-8139 Fax: 612/296-8803 Fax Numben i.V’/, ii'L To: From:?<tti . To»« • -------1------------- Number of pases: Date:4/(9/fJ TImez iz-io rfl-LriOLO :*- !4* 0 r i 0 0.’i. • 4- I*I I rj •*;A .»« . . A *. • • .* HOUSE RESEARCH Bill Summary ' H. F.671 S.F. SUBJECT:Comprehensive Choice lousing AUTHORS:Orficld. Rcsi, Garcia, Clark COMMITTEE:Housing ANALYST:Kaihy Novak, 296-9253 DATE: March 5, 1993 OVKRVIEW This bill requires (he metropolitan council to make rules to allocate comprehensive choice housing to cities and tmvns, and to describe actions that meet the housing objectives. The council must monitor performance, and certify, to the department of revenue, the cities that comply. Only cities that are certified will be eligible to receive aid payments from the local government trust fund and receive increased highway or sewer access. Metropolitan sectors with substantial noncoin pi lance may not receive Increased higluvny or sewer capacity. Section Aid penalties for noncompliance with comprehensive choice housing allotment. Limits paymems from the local government trust fund to cenified cities and towns in the metropolitan urban service area, and freestanding growth centers. Odes are certified if they comply with the comprehensive choice housing objectives. The local government trust fund includes homestead and agricultural credits. Withheld aid payments are redistributed to certified cities ar.d towns in Uic metropolitan area. Approvals. Prohibits the council or the transportation advisory board from approving proposed highway projects or plans that would: (1) provide new or increased highway capacity to a sector where there is substantial noncompliance with the housing objectives; or (2) increase access to a city or town that Is not ccitificd as being in compliance with the housing objectives. AffordaMt Housing. Establishes a rulemaking process for allocating housing, n)onim:ing city performance and accessing penalties. '^osoarch Dapartmant Minnesota Hous# ot napresenittivts eOO Slat# Otrica Building I < -1.1-1 1,11. .1 I ..4 4 *j I * i. * ^ •• • H. F. 671 Sc»clton 4iBdS March 5, 1993 Page 2 Subdivision 1. Policy; goals. Describes the goals of comprehensive chohe housing to include providing housing choice, removing bamers. creating incentives, reducing congestion, allowing individuals to live close to where they work and where jobs are being created, and allowing individuals to remain in their community as their life situadons change. Subd. 2. Dennitions. Defines "affordable housing," "comprehensive choice housing," "comprehensive choice housing allotment,” and "median income." Subd. 3. Comprehensive choice housing allotment; objectives; rules. Requires the council to adopt rules and objectives governing opportunities for comprehensive choice housing, before January 15, 1994. The council must comrac. with an independent organization to hold public hearings with 30 days prior notice. The rules must analyze the need for housing, allocate housing to cities and towns on a fair-share basis, determine a city’s past effort to meet its allouneiu. describe actions a city or township may take to meet iu requirements to provide housing opportunities, establish review critetbL and establish annual review procedures and guidelines. Subd. 4. Periodic review of comprehensive choice housing nltotment rules. Requires the council to review the comprehensive choice housing niles at least every five years and present any proposed changes to the legislattire before adopting the changes. Subd. S. Comprehensive choice housing counseling. Requires the council to provide a counseling service »o promote housing choice throughout the metropolitan area. The service must provide information and offer individual counseling and the opportunity to inspect housing. Subd. 6. Review and certification. Requires the council to begin its annual review and certification of cidet and townships efforts to meet housing allotments in August of 1994 and certify cities and townships in compliance to the department of revenue before July 1. 1995. The council must notify unceitified citiM and towns, describe what they nee;2 to do to be in compliance, and list the penalties foe not complying. The council mutt establish appeal procedures. Subd. 7. Council penaltiei for noncompliance with tbe comprehensive choice housing allotment Prohibits the council from approving highway projects or extensions to the urban service area boundaries in sectors where there is substantial noncompiiance. They cannot approve increased access for any city that is n<« cowed. The council must define sector on a case-by-case basis. These penalties are m addition to the withholding of aid payments from the local government trust fimd. Application and effective date. The act applies i the seven-county metropolitan area. The act is etfrerive the day following final enactment Mlnne^tote Housa of n»or§sanrjitlvas 600 State Office BuHdinq i:* ~*.HI iO.'*a..1 k * « .9 • •.N orth Metro Mayors A ssociation NORTH METRO MAYORS ASSOCIATION METROPOLITAN COMMUNITY STABILITY ACT RESOLUTTON WHEREAS, the North Metro Mayors Association (NMiVlA) is an organization comprised of the following 18 North Metro communities: Anoka Blaine Brooklyn Park Brooklyn Center Dayton Giamplin Circle Pines Q)lumbia Heiglits Coon Rapids Crystal Fridley Ham Lake Minneapolis New Brighton New Hope Robbinsdale Ramsey Spring Lake Park WHEREAS, NMMA was formed in 1985 for the purpose of working to meet the economic development and transportation needs of the North Metro area, and WI-IEREAS, the Association's activities were expanded, during the ensuing years, to include housing, human service, fiscal disparities, Ioc5 government aid, metropolitan coimcil policies, and WHEREAS, the 1980 census data strongly indicated and the 1990 census data confirmed that the North Metro area lias and will continue to have an increasing number of residents with needs for affordable housing, related human services, and the necessary resources to address these issues, and WHEREAS, the allocation of public resources over the past decade with respect to such issues as highways, roads and bridges, sewer extensions, economic development incentives, have not been proportionately made available to the North Metro area, and WHEREAS, the studies completed by Representative Myron Ofield over the past year have clearly stated the need to addr^ the needs and concents of the North Metro communities, and L. . NOW THEREFORE BE IT RESOLVED, a) that tlie NMMA support Representative Myron Orfield's Metropolitan Community Stability Act legislation embodied in House File 671 and Senator Novak's companion Senate File 529, and b) tliat the NMMA aggressively work with Repi^entative Orfield and Senator Novak to ensure passage of this legislation as proposed, and c) that copies of this resolution be for^^ed to Representative Orfield, Senator Novak and members of the committees, hearing this legislation, in both the House and Senate. For more information, please contact: Mr. Joseph D. Strauss North Metro Mayors Association 8525 Edinbrook Crossing, Suite 5 Brookl>ii Park, MN 55443 612/493-5115 -T Fn«M [tjittxsu