Council OKs

Hy-Vee 3.2

license with

provisions

Unwillful violations were not disclosed before application

was submitted

By FRITZ BUSCH

Journal Staff Writer

NEW ULM -- After a motion to approve Hy-Vee's 3.2 off-sale liquor license without provisions failed on a 3-2 vote, the New Ulm City Council unanimously approved the liquor license with provisions Monday night.

The council received a letter dated June 14, 2002 from attorney Dustan J. Cross of the Gislason & Hunter law firm of New Ulm asking that the disclosures identified by his client be incorporated by reference pending application for renewal of its 3.2 off-sale license.

Monday, New Ulm City Attorney Hugh Nierengarten recommended the council approve Hy-Vee's liquor license only with provisions due to its failure to disclose the violations prior to license application.

According to Minnesota law, willful violations must be committed before licenses can be denied.

"If the council approves (Hy-Vee) without provisions, it may wipe previous violations from the slate," Nierengarten said.

Council President Dan Beranek agreed.

"I can't see what it hurts to have it in there," Beranek said.

Councilors Joel Albrecht, Clark Tuttle and Beranek voted against the initial motion to approve the liquor license without provisions. Councilors Ron Fleischmann and Ruth Ann Webster voted for it.

Two weeks ago, the council voted to amend its liquor license ordinance, giving new life to Hy-Vee's liquor license despite liquor sales violations at Hy-Vee stores in other states including South Dakota. That issue involved the proposed liquor store that Hy-Vee plans to operate in a separate facility next to its main store.

In other action, the council:

* Approved a list of general licenses for on-sale and off-sale liquor, mechanical amusement devices, cigarettes, tree services, saunas, theater, ambulance, solid waste haulers, studio photographers, annual dances, taxi cabs and a lawful gambling raffle.

* Approved a $5,000 contribution to help fund the League of Minnesota Cities effort to develop and implement programs and practices to control storm water discharge sources that have the greatest likelihood of causing environmental degradation.

* Approved a development agreement between Stonewood Corp. and the City of New Ulm to develop property in outlots 428 and 429. The city will participate up to $175,000 in construction costs of storm sewer improvements constructed by the developer and that portion of the developer's planning, design, engineering or construction fees.

Upon completion, the developer will convey to the city by warranty deed title to Lot 5, Block 1, Cottonwood Park First Addition of New Ulm. The city will be granted any storm sewer access, slope or water overflow easements upon the balance of the property as required by the city.

* Approved the site plan with conditions for the Parents in Partnership Project that seeks to build and operate a public, licensed, learning and child care center at 801 N. Highland Ave.

Brown County Assistant Engineer Larrys Kilmer wrote in a Feb. 11, 2002 letter to PIP Co-Chairman Tom Kienlen that the project's two proposed access driveway locations off CSAH 27 are acceptable.

A sidewalk extension along North Highland Avenue to the project site will be reviewed by the safety council when it considers 2003 sidewalk projects. Sidewalk adjoining the project site on CSAH 27 and North Highland Avenue should take place at the time of street improvements.

The property is in the process of being rezoned from R-A (Agricultural Residence District) to R-1 (Single-Family Residence District).

Appropriate officials should review the speed limit on CSAH 27 within city limits as it pertains to existing and future conditions following construction of the day care facility.

* Approved a resolution between the Dakota, Minnesota & Eastern Railroad Corp. and the City of New Ulm, to facilitate the construction, operation and maintenance of a portion of the proposed recreational trail within the railroad right-of-way. The city manager will execute the agreement on behalf of the city.