City Council rejects plan to settle with Plaza Garibaldi

After seven years of service with the New Ulm Police Department K-9 unit, Juneau the police dog was officially retired Tuesday night. His handler Sgt. Jeremy Reed said they had a fun time together.
NEW ULM — The City Council voted to reject a proposed settlement with Plaza Garibaldi regarding a series of liquor-license violations.
In the last 36 months, Plaza Garibaldi had two confirmed liquor violations involving the sale of alcohol to minors. On Aug. 10, the restaurant was allegedly involved in a third, involving employee Mark Espinoza. Espinoza was charged with the offense but absconded before the court trial began.
On March 21, the council voted to hold a public hearing to consider sanctions agains the restaurant. Since then, Plaza Garibaldi’s attorney Michael H. Boyle submitted a proposal in which the restaurant would not contest the violation if the city agreed to cap the suspension of the liquor license at 10 days instead of 15 days. The suspension would be completed by having no liquor sales on Monday and Tuesday beginning July 10.
In addition to those terms, the city code provides for a fine of up to $1,000 and the restaurant’s removal from the best practices grid for one license year.
Assistant City Attorney Thomas Borgen said the council could legally accept the settlement, but by accepting, the council could set a precedent for future businesses facing three liquor license violations.
Councilor Les Schultz had concerns the restaurant had not presented an explanation or plan for how they would change business practices to prevent future violations. Schultz said there was no substantial or compelling reason to accept a more lenient penalty.
Councilor Larry Mack said he received a call from a business that lost its liquor license for seven consecutive days for two violations within 15 years. Mack felt the council needed a reason to deviate from the city regulations and acknowledge the seriousness of the violation.
“I think they need to accept some responsibility for their actions,” Mack said.
Councilor David Christian made a motion to deny the settlement proposal. The motion passed.
A hearing to hear evidence and determine sanctions is still scheduled for May 2.
Borgen said the restaurant could come back with a different proposal before May 2. The council could hold a special meeting it.
In other news:
• The council agreed to accept maintenance responsibility for a recreational trail proposed as part of a Highway 14/15 reconstruction project.
The Minnesota Department of Transportation (MnDOT) has a recreational trail on the north side of the highway from German Street to the Nicollet County interchange. It is MnDOT’s policy to include a trail as part of a project if a local authority agrees to maintain it. Nicollet County has indicated they will not accept the maintenance cost for the trail in their county’s portion.
On the New Ulm side, the city would need to maintain the mowing, weed whipping and litter pickup along the trail, for an estimated $3,024 per season. It would cost another $1,000 per year to maintain pavement, signage and furniture. The eventual reconstruction of the trail pavement after an estimated 25 years would cost $80,000.
Council President Charlie Schmitz said the city had no choice but to accept it. If the trail was turned down now, it would cost more to build in the future.
City Engineer Steve Koehler said the state is willing to put in an estimated $400,000 into the paving and grading of the path. New Ulm’s was only responsible for approximately $4,000 in maintenance per year.
Schultz suggested the annual maintenance cost would be lower in the first few years.
Koehler agreed the $4,000 was an average estimate.
Schultz made the motion to accept the maintenance responsibility. He said, “This is where we are going. We have some trails in town. In the next 10 years, we’re going to have a whole lot more.”
The motion passed unanimously.
• The Council passed a resolution accepting a series of actions and documentation for the acceptance of a $435,000 Minnesota Investment Fund grant from the Minnesota Department of Employment and Economic Development (DEED). The grant will be used for funding a Kraft expansion project
The resolution approved a grant contract; security agreement with Kraft; loan agreement with Kraft; promissory note from Kraft; a city cash contribution of $20,000 to Kraft; and a city land transfer to Kraft.
In February last year, the council authorized an application to DEED for financial assistance for Kraft facility improvements. In March 2016, DEED submitted a letter accepting New Ulm’s application. The city will be the recipient of the $435,000 grant and will loan it to Kraft. The loan is forgivable if Kraft complies with job and investment requirements.
The proposed investment would allow the company to retain 90 full-time positions and hire 50 new employees.
• Retired science teacher Joe Gartner passed around a bouquet of garlic mustard to the council as a visual aid to his presentation on the invasive weed. Garlic mustard is a restricted noxious weed that causes a decline in native herbaceous cover. It alters habitat suitability for native insects, affecting birds and mammals.
Gartner said garlic mustard is often referred to as the mother of all weeds. It has the potential to be worse than buckthorn due to its ability to spread fast. This weed has already invaded the south side of New Ulm. It is found in Flandrau, Adams Park, Nehls Park and South Park.
Garlic mustard is easiest to find in May when it blooms. It has clusters of four-petaled, white flowers at the ends of stalks and sideshoots. The weed smells of garlic when the leaves are crushed.
Gartner said garlic mustard can be removed by hand, but it should not be composted with yard waste. The weed should be disposed in plastic bags and put into trash to prevent the spread of seeds.
Gartner encouraged the city to develop a plan to contain the further spread of garlic mustard. Gartner plans to return to the council in the near future to discuss the creation of a webpage for weed disposal.
• After seven years of service with the New Ulm Police Department K-9 unit, Juneau the police dog was officially retired Tuesday night.
Juneau was brought to New Ulm in 2010. His handler Sgt. Jeremy Reed said they had a fun time together. Juneau enjoyed using his nose for the department. Juneau is a social animal and was a big hit with local children and school programs.
“He’d go to work every day if we let him,” Reed said.
Schultz praised the K-9 program for its continual service to the community.
Juneau’s will spend his retirement with Reed.
Juneau’s replacement is a dog named Booker which has been purchased and is currently in training with his handler.