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HomeMy WebLinkAbout1996.11.18 ORD 1996-313 ORDINANCE 1996-313 AN ORDINANCE ESTABLISHNG CHAPTER 75 OF THE CITY CODE, DESIGNATING AND DEFINING ZONING DISTRICTS FOR DAYCARE CENTERS WITHIN THE CITY OF HUGO. THE CITY COUNCIL OF THE CITY OF HUGO DOES HEREBY ORDAIN AS FOLLOWS : Sec . 75 . 10 Purpose . The American society is evolving in a fashion so that families in which both parents work are becoming more common. Similarly, single parent families are also more common. This creates a need for quality daycare during normal working hours . To facilitate and provide for this growing need, the enterprise of daycares has been growing. Daycares provide a benefit both to parents and to daycare providers . Specifically, parents are able to obtain quality care for their children and providers are able to supplement their income . The Council is of the belief that community daycares can provide a particular benefit to residents of the City. Specifically, daycares of limited scope can provide a convenient place for parents to leave their children; a place that is conveniently located near their home . This helps to insure a better quality of daycare as the parents are more likely to be personally familiar with their daycare provider. Current ordinances of the City do not address what zones can accommodate daycare centers . The intent of this Ordinance is to define with particularity where daycares can be established within the City. Sec . 75 . 20 Definitions . A. Class A Daycares . A "Class A" daycare means a licensed nonresidential program with a capacity of twelve (12) or fewer persons and a group family daycare facility licensed under Minnesota rules, parts 9502 . 0315 to 9502 . 0445 to serve 14 or fewer children. . B . Class B Daycares . A "Class B" daycare is any daycare not included in the definition of a "Class A" daycare . Sec . 75 . 30 Regulation of Class A Daycares . Class A daycares may exist in any zoning district within the City of Hugo without a Special Use Permit . Sec . 75 . 40 Regulation of Class B Daycares . Class B daycares may exist only in limited business, retail business, concentrated business and industrial zones . Before a Class B daycare may be opened or operated, it must first be issued a Special Use Permit . Sec . 75 . 50 Penalty. Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and will be subject to the penalties set forth in Minnesota Statutes §609 . 09 (3) . Sec . 75 . 60 Constitutionality. If any portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof . Sec . 75 . 70 Effective Date . This Ordinance shall be in full force and effect from and after its passage and publication according to law. WHEREUPON said Ordinance was declared passed and adopted this /a- day of , 1996 . /ALL - an W ron, Mayor Attest : Mary en Creager, c4011Clerk 2 PRINTER'S AFFIDAVIT OF PUBLICATION AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) § County of Ramsey ) I, the publisher, or the publisher's designated agent, being duly sworn, on oath state that I am the publisher, or the publisher's designated agent and an employee of the newspaper known as The White Bear Press, and that I have full knowledge of the facts which are stated below: (A)The newspaper has complied with all of the requirements constitut- ing qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B)The Printed City of Hugo Prthl ; c Herimg CITY OF HUGO which is attached was cut from the columns of said newspaper, and The Hugo City Council.will hold a public was printed and published once each week, forpn e successive weeks; hearing on 996,at 7:10 PPA to consider Monday, thea cty's the 7 3 day of "g er it was first published on Wednesday , nonce to permit child care centers in all zoning districts of the City.Any resident wishing to October , 19 9 6, and was thereafter printed and published on comment on this proposed amendment will be heard at thist; MaryCreager,Mn Clerk every to and including Published in the white Bear Press October 23,1996. the day of 19 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdetghijklmnopgrstuvwxyz BY: ^� TITLE: Publisher Subscribed and sworn to before me on this 23 day of October ,19 •. . . SUSANNE WESTPHAL NOTARY PUBLICRAMSEY _MINNESOTAWY COUNTY My Commission txpires Jan.31,2000 • Notary Public,Ramsey oun y, r inn. My commission expires January 31. 2000. RATE INFORMATION (1)Lowest classified rate paid by commercial users for comparable space. (Line,word, or inch rate) (2)Maximum rate allowed by law for $ the above matter. (Line,word, or inch rate) (3)Rate actually charged for the $ 6. 0 0 Inch above matter. (Line, word, or inch rate) PRINTER'S AFFIDAVIT OF PUBLICATION AFFIDAVIT OF PUBLICATION CITY OF HUGO STATE OF MINNESOTA) § • ORDINANCE 1996-313 County of Ramsey ) AN ORDINANCE ESTABLISHING CHAP- TER 75 OF THE CITY CODE, DESIGNATING AND ZONING DISTRICTS FOR DAYCARE DEFINING CENTERS WITHIN THE CITY OF I' the publisher, or the publisher's designated agent, being duly sworn, HUGO. THE CITY COUNCIL OF THE CITY OF on oath state that I am the publisher, or the publisher's designated HUGO DOES HEREBY ORDAIN AS FOL- LOWS: Sec.75.10 Purpose- agent and an employee of the newspaper known as The White Bear The American society is evolving in a fash- ion so that families in which both parents work Press, and that I have full knowledge of the facts which are stated are becoming more common. Similarly, single below: parent families are also more common. This creates a need for quality daycare during nor- mal working hours.To facilitate and provide for (A)The newspaper has complied with all of the requirements constitut- this growing need, the enterprise of daycares has been growing. Daycares provide a benefit ing qualification as a qualified newspaper, as provided by Minnesota both to parents and to daycare providers. Statute 331A.02, 331A.07, and other applicable laws, as amended. Specifically, parents are able to obtain quality care for their children and providers are able to (B)The Printed City o f Hugo supplement their income. The Council is of the belief that community Ordinance 1996-313 daycares can provide a particular benefit to res- idents of the City.Specifically,daycares of limit- which is attached was cut from the columns of said newspaper, and ed scope can provide a convenient place for parentniently located ns to leave their elartheiir a hlomeace that Thisis was printed and published once each week, for 1 successive weeks; helps to insure a better quality of daycare as it was first published on We do e s day , the 2 7 day of the parents are more likely to be personally familiar with their daycare provider. Current November , 19 96, and was thereafter printed and published on ordinances of the City do not address what zones can accommodate daycare centers.The to and including , intent of this Ordinance is to define with particu- every larity where daycares can be established within the day of , 19 ; and printed below is a the City. Sec.75.20 Definitions. A. Class A Daycares.A"Class A"daycare copy of the lower case alphabet from A to Z, both inclusive, which is means a licensed nonresidential program with a capacity of twelve (12)or fewer persons and a hereby acknowledged as being the size and kind of type used in the group family daycare facility licensed under composition and publication of th Minnesota rules, parts 9502. 0315 to 9502 . ice: 0445 to serve 14 or fewer children. B. Class B Daycares.A"Class B"daycare abcdefghijklmnopqrstuvwxyz is any daycare not included in the definition of a 1Class A"daycare. B /Y 'le a. j Sec:, 75 . 30 Regulation of Class A /[ ��c. Daycares. 1 Class A daycares may exist in any zoning TITLE: Publisher district within the City of Hugo without a Special Use Permit. Sec.75.40 Regulation of Class B Daycares Subscribed and sworn to before me on Class B daycares may exist only in limited business, retail business, concentrated busi- 2'] November ,19 96 , ness and industrial zones. Before a Class B this day of daycare may be opened or operated, it must first be issued a Special Use Permit. SUSA Ni iE WESTPHAL Sec.75.50 Penalty. ,)�. 10 NOTARY PUBLIC MINNESOTA Any person, firm or corporation violating "y any of the provisions of this Ordinance shall be ?CO guilty of a misdemeanor and will be subject to Notary-Public, Ramsey County, Minn. the penalties set forth in Minnesota Statutes §609.09(3). Sec.75.60 Constitutionality. My commission expires January 31. 2000. If any portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct, RATE INFORMATION and independent provision, and such holding shall not affect the validity of the remaining por- tions hereof. (1)Lowest classified rate paid by Sec.75.70 Effective Date $ This Ordinance shall be in full force and commercial users for comparable effect from and after its passage and publics- space. (Line, word, or inch rate) tion according to law. WHEREUPON said Ordinance was 'eclared passed and adopted this 18th day of (2)Maximum rate allowed by law for $ lov Fran M 1996. (Line, word, or inch rate) Fran iron,Mayor the above matter. Attest: Mary Ann Creager,City Clerk $ 6.00/inch Published in the White Bear Press (3)Rate actually charged for the November 27,1996. above matter. (Line, word, or inch rate) ORDINANCE 1996-314 AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE ENTITLED "ZONING" BY AMENDING THE ZONING CLASSIFICATION OF THE DESCRIBED REAL PROPERTY The City Council of the City of Hugo,Washington County, Minnesota,hereby ordains: The zoning classification of the real property described as follows,to wit: The South 1/2 of the SW 1/4;the NE 1/4 of the SW 1/4, and the NW 1/4 of the SW 1/4 of Section 22,T31N,R21W,Washington County, Minnesota shall be changed from its existing zoning classification in the agriculture zoning district (A)to a classification in the Long Term Agriculture(LTA). The official zoning map on file in the office of the City Clerk shall be corrected and amended to show the changes in zoning district classification for the above-described property as set forth in this ordinance. EFFECTIVE DATE. This ordinance shall become effective from and after its adoption and publication. Upon roll call,the following Council members voting AYE: Tim Agness, Debra Barnes, Andrew Goiffon, Fran Miron Voting NAY: NONE Whereupon said ordinance was declared passed and adopted this 2nd day of December, 1996. zT7'1 on,Mayor ATTEST: Mary Creager, City Cler Published in the White Bear Press on December 11, 1996. City of Hugo 5524 UPPER 146TH STREET NORTH • HUGO. MINNESOTA 55038 TELEPHONE 612-429-6676 FACSIMILE COVER SHEET DATE: /f 96' Please deliver the following at pages including this Cover Sheet AP TO: dor FAX NO. VoR. 9 /a5707--v RE: - - ' � iti X_ 3 /7` / , IF i i r / COM.PENTS: FROM: - C FAX NO. (612 ) 426-2859 Alf Advise if all pages are not received