By MaryHelen Swanson

Chisago County is moving ahead, in an effort to be proactive, on development of an ordinance regulating adult-oriented businesses.

On Wednesday, June 6, the commissioners contemplated for some time whether to set in place an interim ordinance (also known as a moratorium) on such businesses, adopt an ordinance from another county (Morrison County's was of particular interest) or just allow time for the environmental services office to draft an ordinance outright.

Mary Darraugh Schmitz, director of Environment Services, informed the board that she and staff had reviewed ordinances from Morrison, Pine, Kanabec, Houston, Waseca, Nicollet, Martin and Renville counties.

Morrison's has been challenged and assistant county attorney Kristine Fuge said it was upheld in court.

Chairman Mike Robinson was in favor of adopting the Morrison ordinance and then move to amending it as needed to Chisago County's needs.

A two-page handout detailed some of the considerations for regulations for such a business.

The board reviewed them with Schmitz.

It is felt that regulation of adult oriented businesses may be required to protect and preserve the health, safety and welfare of patrons of the businesses as well as the citizens of the county.

Also, the United States Supreme Court has recognized a constitutional right for adults to access sexually oriented materials but the Court has also recognized the public's right to be secure from unwanted exposure to sexually oriented material.

Additionally, the county needs to consider that licensing and land use regulation of adult oriented businesses holds owners and operators accountable and helps ensure such establishments are not used as places of illegal activity.

Schmitz pointed out that real estate professionals believe there is a negative impact on both residential and business property value, with a greater impact on the residential.

Consideration should be given to separate such businesses from each other, and locate them away from sensitive uses such as schools, parks, libraries, day care centers and places of worship.

Serious consideration would be given to prohibiting the sale and or consumption of alcohol at such establishments.

As a whole, the commissioners appeared to want an ordinance in place, but to not rush into it.

Schmitz said she needed time to do it right, and believed a draft should go to the planning commission.

Fuge informed the board that since 2006, the state a statute in place that prevents live performance of a sexual oriented nature which the county could fall back on until an ordinance is adopted.

The county can't however, completely outlaw adult oriented businesses.

That is why they wish to have an ordinance in place to regulate such businesses.

On a 4-1 vote, the commissioners directed Schmitz and staff to prepare an interim zoning ordinance on adult use businesses.

When prepared, there would be a public hearing and the board would have to officially approve it. The department then could continue on development of a permanent ordinance.

In other business, the commissioners:

• Learned from Social Services director Mary Sheehan that truancy is a growing concern in Chisago County school districts and is costly to deal with.

• Denied a variance request of Neil and Angie Biermaier for spacing of three driveways as he splits his property in Harris. The county engineer found no hardship and in following county ordinance, said the request could not be met. The board upheld his recommendation.

• Held a public hearing on a county Individual Sewage Treatment System Loan ordinance in conjunction with a draft Chisago County Septic Loan Program Policy. The board adopted the resolution for the ordinance and then adopted the loan program policy.

• Approved a tax abatement for the the county's share of all property taxes generated on the Maxium Office Solutions business in the Rush City industrial park for a period of eight years. Rush City wants to use the property taxes generated on this business to assist with debt service payments on bonds the city would issue for infrastructure improvements to be able to expand its industrial park. In 2001, the county approved a tax abatement for this business but it was never implemented. Thus, taxes from this original development have been going into the general funds of both the county and the city since then.