Council

OKs permit,

rezoning for

day-care

facility

Rezoning issue to be studied by city attorney

By RON LARSEN

Journal Staff Writer

NEW ULM -- Parents in Partnership's request to have a 4.5-acre parcel rezoned and a conditional use permit for an educational institution issued for its proposed day-care facility sparked considerable debate at the City Council's meeting Tuesday night.

While everyone agreed it was a worthwhile venture, Councilor Ruth Ann Webster opposed the rezoning of the parcel at the intersection of North Highland Avenue and County State Aid Highway 27 from agricultural to R-1, single family residential, and issuing a conditional use permit "as a rule of law."

"According to city ordinance, day nurseries are only allowed in B-1 (business) districts," she said. "They're asking us to give them special consideration because they're going to offer some sort of curriculum."

Webster felt that Parents in Partnership were not being treated the same as other day-care facilities.

Councilor Joel Albrecht, who sits on the Board of Zoning Adjustment and the city's Planning Commission -- both of which had approved the rezoning, defended the action.

"We have to consider what might happen, say, 20 years down the road if this day-care facility no longer exists," he said. "That would let in other businesses that might qualify for a B-1 conditional use permit."

Councilor Clark Tuttle wondered if the R-1 zoning ordinance could be amended to allow day-care facilities. The answer from City Attorney Hugh Nierengarten was, "It could."

In the end, the council approved a motion by Webster calling upon the city attorney to study the matter of amending the zoning ordinance and adopted the Planning Commission's recommendation to approve the rezoning and the conditional use permit request with a number of conditions. The council also approved the preliminary plat of the Oak Bluffs Third Addition, pertaining to the parcel.

The council approved a $230,000 settlement of a worker's compensation claim with John Kretsch of New Ulm. It ends all worker's compensation benefits that he has been receiving since being determined to be permanently and totally disabled Jan. 26, 1989, resulting from a work-related injury Dec. 21, 1973. His future medical expenses will continue to be paid, however.

The settlement was recommended by the Minnesota Department of Labor and Industry's Special Compensation Fund which received an appropriation in 2000 from the State Legislature to reduce long-term liabilities of SCF reimbursement claims. Kretsch's case file was selected by SCF as a good settlement candidate, and Kretsch agreed to settle.

Agreements with Dakota, Minnesota and Eastern Railroad and Minnesota Department of Transportation for constructing flashing light signals with gates and circuitry at Center, 1st South and 3rd South streets were approved. The improvements, which are expected to cost $320,958, will be obtained by the city with only an investment of $10,380.60.

A request by Highland Manor, Inc., for approval of its revised preliminary and final plat of Oak Hills First Addition was scheduled for a public hearing Tuesday, May 7, 2002 at 7:30 p.m.

The council ordered bid advertisement and opening date of Tuesday, May 7 at 7:30 p.m. for the 2002 Utility, Street and Alley improvements -- Group I which covers nine street and sidewalk improvement projects. It also approved natural gas services and procurement agreements with the City of Fairfax.