Council dispenses penalties for liquor violations

Four bars get

option of paying $250 fine or

suspending liquor sales for 4 days

By RON LARSEN

Journal Staff Writer

NEW ULM -- In a marathon session Tuesday night, New Ulm's city councilors punished six of the seven establishments whose employees were caught up in a compliance-check sting last January and rejected all bids for its library accessibility remodeling project.

A hearing regarding how the establishments were to be punished, which started at 6 p.m,m spilled over into regular meeting time as the council heard from representatives of Rodney's Tavern, the American Legion Post club, Cash Wise's off-sale liquor store, Quick Mart, Kwik Trip and Mowan's Bar who sought to mitigate their individual establishment's culpability.

Each was asked to explain what type of training they give their employees, as well as what type of punishment they would consider appropriate.

"I can't afford to be shut down," Rodney Zimmer told councilors, "but I don't think I should have to pay three bills ($3,000, the maximum fine) either." However, he said food represented about "55 to 60 percent" of his gross sales so he would have that business left if his license were suspended.

Andy Reinarts, owner of Mowan's Bar, said alcohol represents nearly all of his gross sales so he would be totally out if his license were suspended.

Rick Olson of Mankato, owner of the New Ulm Quick Mart, told councilors he didn't feel the owner should be punished for the actions of his employees. However, City Attorney Hugh Nierengarten reminded Olson that under the city's code the owner is as culpable as the employee.

After reconvening in regular session, the council voted to give the four establishments whose primary function was selling liquor a choice between four consecutive days' suspension during a 90-day period or pay a $250 fine by next Monday. The council's action gave Quick Mart and Kwik Trip a choice of a 30-consecutive-day suspension taken during a 90-day period or pay a $250 fine by Monday. That was because alcohol sales in both establishments amounted to less than 2-3 percent of the stores' gross sales.

The seventh establishment, Lamplighter Bar & Grill, will be dealt with later because the employee who was charged has been out of town on a student teaching assignment and has not appeared in court

Library project

After reviewing a list of reductions totaling $247,000 to $281,000 submitted by the city's architect, the council rejected all bids from the first bid letting and authorized the architect, Kagermeier Oleson Hobbie Architects, Inc. of Mankato, to redraft the plans based on those reductions in preparation for another bid letting.

Those reductions would reduce the base bid from the first letting from $1,187,600 to a little more palatable $906,600, architect Eric Oleson reported. This was made possible by the city being able to get an extension of the state grant of $150,000 until March 1, 2005, Oleson said.

City Manager Brian Gramentz told the council that there is $300,000 in the library building sinking fund and the remaining $450,000 could be "borrowed" from other city sinking funds.

"Then, we could look at leaving a negative balance in the fund, and then pay back the funds" over a period of several years, Gramentz explained.

In other action, the council:

* Rejected a variance for Jill Kelpin and Rick Marshall to build a garage with 3 feet of the alley right-of-way. Kelpin told the council she had requested an inspection to see if it was being built correctly but didn't get a response from the building inspection office until October when she was told she couldn't do it. In the meantime, the garage was built because Kelpin and Marshall thought they had permission.

* Approved 3 percent increases, effective Jan. 1, 2005 for both Waste Management and River View Sanitation for residential garbage service.

* Authorized payment of $18,465.75 from the Sales Tax Referendum Projects escrow account to the general contractor, Heymann Construction Company, for work completed on the Community Center. Only $5,000 remains in the escrow account that Heymann had to set up at the beginning of construction.

Ron Larsen can be reached at rlarsen@nujournal.com.