Public hearing on

adult-use ordinance

set for April 24

Date is six days after moratorium on such

businesses expires

By RON LARSEN

Journal Staff Writer

NEW ULM --The City Council reviewed the proposed ordinance designed to regulate so-called "adult use" businesses in New Ulm Tuesday night and returned it to the Planning Commission for a public hearing.

The earliest the ordinance can be aired at a public hearing is at the commission's April 24 meeting, six days after the city's 18-month moratorium on such businesses expires.

A one-year moratorium, with one six-month extension is all the city is allowed under the moratorium law.

Along with the proposed ordinance, which is patterned after the ordinance enacted by Mankato to control adult-use businesses, City Attorney Hugh Nierengarten provided studies made in a number of cities ranging in size.

"Having read many of the studies, I'm convinced we're headed in the right direction with this ordinance," Councilor Ruth Ann Webster said.

While the ordinance carries the commission-recommended set-back of "at least 430 feet" from a buffered use, it doesn't limit the distance between liquor stores as recommended by the commission.

Nierengarten said it was his opinion that would have to be handled through the licensing process.

Councilor Clark Tuttle asked if anything in the ordinance would impact existing businesses that might carry certain items that may fall within the regulations.

Nierengarten said he wasn't aware of any, but he noted a provision in the ordinance to allow nonconforming adult uses that were in existence prior to April 1, 2003, to continue operating.

In other action, the council ordered in the six remaining projects in the 2003 utility, street and alley improvements -- Group I. Seven other projects included in this year's bonding proposal already have had a hearing and were also ordered in.

The council received and forwarded to the Economic Development Authority a request from the Parks and Recreation Commission to "secure" land adjacent to the Lamplighter Family Restaurant for continued park use.

"I believe the EDA was looking for an indication from the Park and Rec Commission as to whether they wanted the land," Council President Dan Beranek said.

The south 25 feet of the lot on which Kiesling House is located is owned by the New Ulm Economic Development Authority. The EDA has an "air and light" easement with the restaurant which gives the owner of the restaurant "first right of refusal" if the EDA were to sell the land.

The commission wants the EDA land transferred to city ownership so that the land will be preserved "for continued park use."

A much-revised ordinance allowing alcohol to be sold or dispensed in city-owned facilities and parks was given its first reading..

The council also approved an agreement with Minnesota Department of Natural Resources to facilitate construction of Phase 1 of the New Ulm Recreational Trail project and future projects in which federal aid is involved.

It approved a temporary construction easement for the DNR to build a sanitary sewer force main in the 10th South Street right-of-way west of Summit Avenue. It would provide city sewer service to Flandrau State Park in the area recently annexed into the city.

Changes at the new Civic Center and the Community Center totaling $37,988 were approved by the council. Net impact to the city, however, will only be an add of $12,582, City Manager Brian Gramentz reported.

Installation of a commercial-grade kitchen and dry storage area at the community center will add $25,406. However, the center's CAST group was paying for it out of proceeds from a donation made to CAST by the Nunn brothers, Gramentz said.