05-09-90 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL May 9, 1990 HENNESSEY The City Attorney reported that State Law allows for up CUP FOR DAY to 16 children in a day care center in multiple-family CARE CENTER zoning districts. However, in R-1 Districts the State allows 12 or fewer children. Scalze asked if that meant the City could not restrict the day care center to 10 children. The City Attorney replied that that was correct, 12 or fewer children would be allowed. LaValle asked if there were two care providers on duty at all times. Hennessey replied that her center has three on duty, however, they are only required to have two. Hennessey also pointed out that 4 of the children are school-agers and are only at the center in the morning and afternoon. Scalze pointed out that during the summer the school-agers will be at the center all day. Fahey felt that 12 children was enough, pointing out the precedent that would be set if the Council approved 14. LaValle stated that if the street were fully developed and there were more staff on duty, he would vote in favor of Hennessey's request. However, he felt that 2 care providers for 12 children was not enough. Fahey pointed out that the center is a commercial business. Fahey also pointed out that the State has said 12 is a reasonable number and he has seen nothing to be convinced otherwise. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION NO. 90-5-232 - DENYING THE HENNESSEY APPLICATION FOR CONDITIONAL USE PERMIT TO ALLOW 14 TO 15 CHILDREN AT A FAMILY DAY CARE CENTER AT 101 YORKTON RIDGE ON THE BASIS THAT APPROVAL WOULD SET A PRECEDENT FOR FUTURE DAY CARE CENTERS IN TAE CITY, AND THAT STATE LAW HAS INDICATED THAT 12 CHILDREN IS A REASONABLE LIMITATION FOR DAY CARE CENTERS IN R-1 AREAS The foregoing resolution was duly seconded by Collova. Ayes (5) Fahey, Collova, Blesener, Scalze, LaValle. Nays (0). Resolution declared adopted. Page 5