Council

approves

change in

liquor license

ordinance

Move may allow Hy-Vee to get

off-sale license

By RON LARSEN

Journal Staff Writer

NEW ULM -- Hy-Vee's application for an off-sale intoxicating liquor license gained new life Tuesday night when the New Ulm City Council voted to amend the city's current liquor license ordinance.

With the amendment proposed by Councilor Clark Tuttle, Hy-Vee might qualify for a license, despite violations at Hy-Vee stores in other states. By qualifying violations that would result in denial of a license as willful violations, New Ulm's ordinance wouldn't be more restrictive than current Minnesota statute, Tuttle argued.

"In reviewing the South Dakota violations which are stated as willful violations, it's my opinion that they would not have been willful violations under Minnesota law," Tuttle explained.

However, Tuttle noted, and Assistant City Attorney Roger Hippert confirmed, there was disagreement between himself and the City Attorney as to whether Hy-Vee could qualify with that change.

"That's correct," Hippert replied. "However, we have only the language on its face to go by. We have not had an opportunity to examine the violations themselves."

Tuttle said he was drawing a distinction between a case where a store employee knowingly sold liquor to a minor or was duped by a fake ID. "In Minnesota, it clearly states that it must be a willful violation before a license can be denied," Tuttle said.

Councilor Joel Albrecht was concerned that the amendment would appear to be something done "for just one applicant." However, Councilor Ron Fleischmann said it really wasn't doing something for one applicant "because this ordinance is wrong no matter what and should be changed."

In other action, the council also voted to set in motion annexation of 49.7 acres of Independent School District 88 land in the Eagle Subdivision which abuts New Ulm. The annexation was requested by Superintendent Harold Remme.

Four easements for phase 1 of the recreational trail project were accepted by the council. Land owners Minnesota Valley Testing Laboratories, Robert and Patricia Dittrich, Florian and Rosemary Dittrich and Duane and Diane Lambrecht agreed to grant the city easements for $1 each. Each will receive a letter expressing the city's gratitude along with the payment.

The council approved spending an additional $42,768 for service road reconstruction work within the fairgrounds area as a part of the 2002 utility, street and alley improvement, group 1, project. Also, an ordinance changing the civil defense committee to the emergency management committee and determining members was approved.

The council approved no parking along the north half of 2nd South Street between State and Washington streets on Saturday, Sept. 21 from 2-8 p.m. and placing American flags on Minnesota and Broadway streets from Friday, Sept. 20, through Sunday, Sept. 22 for observance of the first annual Veterans' Celebration.

Finally, the council adjourned until Monday, June 17 at 7:30 p.m. so the next meeting date would not conflict with the League of Minnesota Cities Annual Conference in Rochester.