Adult-use

ordinance

advances

By RON LARSEN

Journal Staff Writer

NEW ULM -- The New Ulm City Council took the first step in getting an adult-use ordinance Tuesday night by asking the city attorney to work up a draft ordinance based on Mankato's adult-use ordinance.

In addition to the draft ordinance, City Attorney Hugh Nierengarten is to provide councilors with summaries of ordinances from other communities.

The council was acting upon recommendations from the city's Planning Commission.

The commission's provisions include allowing adult-use businesses only in B-2 (Service Business District) zoned areas within the city, and new adult-use businesses would have to be "set back" 430 feet from "buffer" uses.

Buffer uses would include zoning districts where residential uses are specifically listed as a permitted or conditional use unless the district is located in a flood plain area.

Other buffer uses are a licensed day care center, a public or private elementary, junior high or high school, public library, parks or other public recreational facilities, churches or church-related organizations, another adult-use business or an on-sale liquor, wine or beer establishment.

"I would suggest using the Mankato ordinance as to the form of New Ulm's ordinance because it has survived appeal to the 8th Circuit Court of Appeals," Nierengarten said.

City Manager Brian Gramentz said that, under current conditions, approximately 23 acres of B-2 land would be available in the city for adult-use businesses.

"That, of course, can change as perhaps a school closes or a liquor store moves into the B-2 area," Gramentz reminded the council.

"It appears we need to discuss the philosophy of separating or concentrating these businesses," Councilor Clark Tuttle said. "Why couldn't we put them all in an industrial area where they wouldn't be as visible?"

"We looked at industrial zones a lot, but they tend to be remote and not as easily controlled," Nierengarten said. "Ultimately, we decided they are businesses and should go into a business zone."

"Location almost becomes immaterial because the business (out in an industrial area) could erect a billboard outside of town welcoming people to its location," Gramentz added.

First reading of a revised ordinance allowing alcohol in city-owned facilities and parks was delayed while the city attorney makes further revisions including a requirement that security would be required at events where there were more than 300 people.

Action also was deferred on a city advertising policy which would allow advertising on city recreational facilities and properties. The proposed policy will be considered again at its first meeting in April because councilors wanted more time to get public reaction to the proposal which was spawned by the opening of the new Fairgrounds facility.

"I'd like to see it more on the inside because I'd hate to see a rotating blue light on Hermann," Council President Dan Beranek said.

After discussion about requiring a landscaping plan, the council approved parking space and setback variances on the Forster Welding property. They were requested by Advanced Auto Parts of New Ulm, LLC, who is planning to build a 7,000-square-foot retail store at that location.

Public hearings were set for five sidewalk installations, Tuesday, April 1 at 7 p.m., and for improvements on U.S. Highway 14 off of North Broadway and continuing out to the airport, Tuesday, April 15, at 7 p.m.

Finally, the Fairgrounds Community Center now has another name: New Ulm Civic Center. At the last meeting, the council named it the New Ulm Recreation Center.