Albert Lea, MN

July 25, 2005

 

 

Pastor Matt Hundley, Vineyard Church, offered a prayer.

 

The regular meeting of the Albert Lea City Council was called to order at 7:00 P.M. in the City Center Council Chambers by Mayor Pro Tempore Al Brooks.

 

 

ROLL CALL

 

Present were Councilors Vern Rasmussen, Randy Erdman, Jeff Fjelstad, George Marin, John Severtson and Mayor Pro Tempore Al Brooks. Also present were City Manager Victoria Simonsen, City Attorney Steve Schwab, Public Works Director Steve Jahnke, Council Secretary Sandi Behrens and representatives from the Albert Lea Tribune, KATE Radio, and KAAL-TV.

 

The Pledge of Allegiance was recited.

 

 

ADDITIONS/DELETIONS TO AGENDA

 

Mayor Pro Tempore Brooks requested an addition to the agenda as follows:

 

6.c Off-Premises Liquor License for the Aragon Bar, 130 West College, for the Freeborn County Fair August 2 through 7, 2005.

 

He also requested a deletion from the agenda of item 9-e Discussion Regarding Superior Corrugated Loan.

 

Councilor Marin moved, Councilor Severtson seconded, that the Mayor Pro Tem’s request for the addition and deletion be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the changes authorized.

 

 

CONSENT AGENDA

(a) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF JULY 11, 2005.

 

(b) LICENSES APPROVED:

ANNUAL LICENSES:

3.2 MALT LIQUOR - OFF SALE

Cubby Hole, The, 721 Marshall, Albert Lea

Elbow Room, The, 310 - 8th Street, Albert Lea

Sportsman's Tavern, 216 East Clark Street, Albert Lea

3.2 MALT LIQUOR - ON SALE

Albert Lea Country Club, 1701 Country Club Road, Albert Lea

China Restaurant, 805 East Main Street, Albert Lea

Cubby Hole, The, 721 Marshall, Albert Lea

Elbow Room, The, 310 - 8th Street, Albert Lea

Holiday Lanes, 522 Prospect Avenue, Albert Lea

Jake's Pizza, 126 West Clark Street, Albert Lea

Pizza Hut #013812, 1725 East Main Street, Albert Lea

Sportsman's Tavern, 216 East Clark Street, Albert Lea

ARCADE AMUSEMENT

Aragon Bar, 130 West College, Albert Lea

Trail's Travel Center, 820 Happy Trails Lane, Albert Lea

Wal-Mart Supercenter #1020, 1550 Blake Avenue, Albert Lea

BILLIARDS/POOL TABLES

AmericInn, 811 East Plaza Street, Albert Lea

Aragon Bar, 130 West College, Albert Lea

Chasers, 1119 South Broadway, Albert Lea

Cubby Hole, The, 721 Marshall, Albert Lea

Harold's Bar, 1318 East Main Street, Albert Lea

Nasty Habit Bar & Grill, 134 West William Street, Albert Lea

Sportsman's Tavern, 216 East Clark Street, Albert Lea

Union Center, AFL-CIO, 404 East Main Street, Albert Lea

BOWLING ALLEY

Holiday Lanes, 522 Prospect Avenue, Albert Lea

CABARET

Albert Lea Country Club, 1701 Country Club Road, Albert Lea

American Legion, Leo Carey Post 56, 142 North Broadway Avenue, Albert Lea

Aragon Bar, 130 West College, Albert Lea

Bombo's Family Dining & Banquet Facilities, 2301 East Main Street, Albert Lea

Elks Lodge #813, 1811 SE Broadway Avenue, Albert Lea

Knights of Columbus, 1002 South Broadway Avenue, Albert Lea

Nasty Habit Bar & Grill, 134 West William Street, Albert Lea

Union Center, AFL-CIO, 404 East Main Street, Albert Lea

CIGARETTE

Albert Lea Country Club, 1701 Country Club Road, Albert Lea

Amoco Food Shop, 901 West Main Street, Albert Lea

Aragon Bar, 130 West College, Albert Lea

Cheers Liquor, 1617 West Main Street, Albert Lea

Cubby Hole, The, 721 Marshall, Albert Lea

East Side 66, 2001 East Main Street, Albert Lea

Fountain Warehouse Liquor, 160 East Bridge Avenue, Albert Lea

Freeborn County Co-op. Oil Co., 1820 Margaretha Avenue, Albert Lea

Green Lea Golf Course, 101 East Richway Drive, Albert Lea

Harold's Bar, 1318 East Main Street, Albert Lea

Hy-Vee Food Store, 2708 North Bridge Avenue, Albert Lea

Hy-Vee Gas, 2717 North Bridge Avenue, Albert Lea

Hy-Vee Wine & Spirits, 2708 North Bridge Avenue, Albert Lea

Korner Mart, Broadway, 1317 SE Broadway Avenue, Albert Lea

Korner Mart, Front Street, 1311 West Front Street, Albert Lea

Kwik Trip #804, Front Street, 906 West Front Street, Albert Lea

Kwik Trip #805, Main Street, 1210 East Main Street, Albert Lea

Liquor Depot, 606 South Broadway Avenue, Albert Lea

Moose Club, Albert Lea, 328 East Main, Albert Lea

Murphy Oil USA, Inc. (Store #6974), 1530 Blake Avenue, Albert Lea

Nasty Habit Bar & Grill, 134 West William Street, Albert Lea

Nielsen's Conoco, 701 South Broadway Avenue, Albert Lea

Ole's Eastside Shell, 2222 East Main Street, Albert Lea

Shell Food Mart, 116 Bridge Avenue, Albert Lea

Shell Food-N-Fuel, 201 East Front Street, Albert Lea

Snyder Drug Store #5051, 201 West Main Street, Albert Lea

Southtown Liquor, 1018 South Broadway Avenue, Albert Lea

Sportsman's Tavern, 216 East Clark Street, Albert Lea

Trail's Travel Center, 820 Happy Trails Lane, Albert Lea

Union Center, AFL-CIO, 404 East Main Street, Albert Lea

Wal-Mart Supercenter #1020, 1550 Blake Avenue, Albert Lea

CONSUMPTION & DISPLAY

Cubby Hole, The, 721 Marshall, Albert Lea

Holiday Lanes, 522 Prospect Avenue, Albert Lea

DEALERS IN SECONDHAND GOLD, SILVER, & JEWELRY

K.C. Pawn & Gun Shop, 127 East Clark Street, Albert Lea

FIREWORKS

Hy-Vee Food Store, 2708 North Bridge Avenue, Albert Lea

Sterling Drug #3, 148 South Broadway Avenue, Albert Lea

TNT Fireworks (Tent at ShopKo), 15710 Rockford Road, #118, Plymouth, MN 55446

TNT Fireworks (Tent at Wal-Mart), 15710 Rockford Road, #118, Plymouth, MN 55446

MECHANICAL AMUSEMENT DEVICES - DISTRIBUTOR

D & R / Star, Inc., 2207 Seventh Street NW, Rochester, MN 55901

Theisen Vending Company, 2335 Nevada Avenue North, Golden Valley, MN 55427

MECHANICAL AMUSEMENT DEVICES - OPERATOR

Chasers, 1119 South Broadway, Albert Lea

Cubby Hole, The, 721 Marshall, Albert Lea

Days Inn, 2301 East Main Street, Albert Lea

Eddie's Bar and Lounge, 719 Marshall, Albert Lea

Godfather's Pizza, 509 East Main Street, Albert Lea

Harold's Bar, 1318 East Main Street, Albert Lea

Moose Club, Albert Lea, 328 East Main, Albert Lea

Union Center, AFL-CIO, 404 East Main Street, Albert Lea

Nasty Habit Bar & Grill, 134 West William Street, Albert Lea

AmericInn, 811 East Plaza Street, Albert Lea

Pizza Hut #013812, 1725 East Main Street, Albert Lea

PLUMBER

Albert Lea Mechanical, Inc., 905 East 13th Street, Albert Lea

Alden Plumbing & Heating, Inc., 182 North Broadway, Alden, MN 56009

Christianson Plumbing & Heating, 312 West Front Street, Albert Lea

Dick's Plumbing, 1810 East Oakland Avenue, Austin, MN 55912

Floyd's Plumbing & Heating, 1016 Madison Avenue, Albert Lea

Geno's Plumbing & Heating, L.L.C., 220 Elizabeth Avenue, Albert Lea

Glenville Plumbing & Heating, 491 Center Avenue, Glenville, MN 56036

HiMEC, Inc., 1400 - 7th Street NW, Rochester, MN 55901

Jensen Heating & Air Conditioning, Inc.

Jim & Dude's Plumbing & Heating, Inc., 724 West Clark Street, Albert Lea

Kelley Plumbing, Heating, & Cooling, 923 South Broadway Avenue, Albert Lea

Master Plumbing, 71710 County Road 46, Albert Lea

Mike Carstens Plumbing & Heating, 16376 - 880th Avenue, Glenville, MN 56036

Owen Aasness, 1120 West 9th Street, Albert Lea

Superior Plumbing & Heating, 1244 - 60th Avenue NW, Rochester, MN 55901

Voss Plumbing & Heating, 316 East Hoffman Street, Paynesville, MN 56362

REFUSE HAULER - COMMERCIAL

Waste Management, 25237 - 755th Avenue, Clarks Grove, MN 56016

Frantum Sanitation, 258 North Broadway Avenue, Alden, MN 56009

Thompson Sanitation, 108 North Independence Avenue, Clarks Grove, MN 56016

REFUSE HAULER - INDUSTRIAL

Waste Management, 25237 - 755th Avenue, Clarks Grove, MN 56016

REFUSE HAULER - RESIDENTIAL

Waste Management, 25237 - 755th Avenue, Clarks Grove, MN 56016

Thompson Sanitation, 108 North Independence Avenue, Clarks Grove, MN 56016

SIGN HANGER

Amtech Lighting Services, 6077 Lake Elmo Avenue North, Stillwater, MN 55082

Art-N-Sign, Inc., 1801 West Fir Avenue, Fergus Falls, MN 56537

Auto Artists Budget Signs, 1409 Eberhart Street, Albert Lea

Fairmont Glass & Sign Products, Inc., 1240 Lake Avenue, Fairmont, MN 56031

I-35 Outdoor Advertising, 22735 Bluegrass Road, Albert Lea

Innovative Signs, 1106 - 10 Drive SE, Austin, MN 55912

Magic Media, 3416 U.S. Highway 41 South, Tifton, GA 31793-1247

Nystrom Signs, 809 Tenth Avenue SE, Austin, MN 55912

Precision Signs, 209 South Main Street, Austin, MN 55912

Pride Neon, Inc., 3010 West 10th Street, Sioux Falls, SD 57104

Waitt Outdoor, L.L.C., 4725 F Street, Omaha, NE 68124

TATTOO ARTIST

Black Moth Tattoo Company, Brian T. Nelson, 913 Valley, Albert Lea

Chapel Tattoos, Gilbert J. Johnson, Jr., 115 South Broadway, Albert Lea

Everlasting Cosmetics, LLC, Amy L. Staloch, 2002 East Main Street, Albert Lea

TATTOO ESTABLISHMENT

Black Moth Tattoo Company, 913 Valley, Albert Lea

Chapel Tattoos, 115 South Broadway, Albert Lea

Everlasting Cosmetics, LLC, 2002 East Main Street, Albert Lea

TAXICAB

A Quality Cab, 2001 East Main Street, Albert Lea

Joe T. Taxi, 415 East Hawthorne Street, Albert Lea

THEATRE

Cinema 7 Theatre, 2510 North Bridge Avenue, Albert Lea

TREE TRIMMER

Adams Lawn & Tree Care, L.L.C., 24484 - 750th Avenue, Albert Lea

Donn Slette Stump Removal, 10574 - 585th Avenue, Wells, MN 56097

Lawson Tree Service, 202 Albert Street, Myrtle, MN 56036-9537

Lumberjack Tree Service, Inc., 11779 - 565th Avenue, Wells, MN 56097

Peterson Business Group, Inc., 355 - 3rd Street SE, Wells, MN 56097-1623

South Central Tree Service, 2171 State Highway 22, Kiester, MN 56051

WATER SOFTENER INSTALLER

Culligan, 316 Main Court, Albert Lea

L & R Water-Craft Corporation, P.O. Box 128, Wells, MN 56097

MI Water Store, 902 West Main Street, Albert Lea

TEMPORARY LICENSE:

OFF-PREMISES LIQUOR SALES

Aragon Bar, 130 West College Street, Albert Lea for the Freeborn County Fair Beer

     Garden held August 2nd through August 7th, 2005 at the Freeborn County Fairgrounds

(c) RESOLUTION 05-134 ADOPTED – APPROVING A LAWFUL GAMBLING APPLICATION: Resolution 05-134 approves a lawful gambling application for the Chamber of Commerce Lakes Committee to conduct a raffle at the Albert Lea City Arena, 701 Lake Chapeau Drive, on August 25, 2005.

(See Secretary's Original Resolution

05-134 included with these minutes.)

(d) RESOLUTION 05-135 ADOPTED – CALLING A HEARING: Resolution 05-135 calls a public hearing to consider the adoption of Miscellaneous Assessments Roll 51 for August 22, 2005.

(See Secretary's Original Resolution

05-135 included with these minutes.)

(e) RESOLUTION 05-136 ADOPTED – CLAIMS: Resolution 05-136 presents the financial claims of the City.

 

(See Secretary's Original Resolution

05-136 included with these minutes.)

 

Councilor Severtson moved, Councilor Marin seconded, that the consent agenda items be adopted. On roll call vote, all councilors voted in favor of said motion. Mayor Pro Tem Brooks declared the motion carried and the consent agenda items adopted.

 

 

FOLLOW-UP TO PUBLIC CONCERNS

 

City Manager Simonsen addressed questions and concerns expressed at the previous meeting as follows:

  • A request for striping of highways in Albert Lea was received. The City crews paint stripes on some highways in the City; however, the Minnesota Department of Transportation stripes Highway 13 and 65. Staff has talked with MN DOT personnel and learned that they are planning to paint striping in late summer or early fall.

  • A report of a need for striping near the railroad tracks was heard. Staff has looked at this location and finds that the striping is faded but present. The County has been informed of the request.

  • A question regarding the cost to repair the current mosquito spraying machine was heard. The staff believes that the machine can be repaired internally. Ms. Simonsen noted that a new machine will cost between $6000 and $7000.

  • A question was raised whether bees are affected by the mosquito pesticide. The firm hired to spray for mosquitoes confirmed that if bees are caught in the spray mist they will die.

  • A comment was made that the City Forester needs additional equipment and funding. City Staff feels that the tree trimming equipment is sufficient for maintaining small trees. The City will continue to hire an outside vendor to take care of the larger trees.

  • Concerns were expressed about light pollution expected from the lighting to be installed on the new Hatch Bridge. The staff has found lights that will produce less glare and will reflect downward. These will be used in place of the others.

  • A report was heard that a lift was in the right of way at dock space 33. This lift has been removed.

  • A complaint about the bushes on East Main at Garfield was received. The owner was notified and the bushes have been trimmed.

  • Tall grass at 205 Water and 210 North Ermina was reported. These properties were mowed immediately and will be scheduled for mowing again this week.

  • The pothole on Elmira near St. John’s has been filled.

  • The request to place the speed sign near Ascension Lutheran Church was in place the day after the last Council meeting.

  • Ms. Simonsen was directed to speak with the Shellrock River Watershed Board and the Port Authority requesting participation in the cost of the Blazing Star Landing channel study. She has spoken to the Watershed Board and they voted to pay for 1/3 of the cost up to $5000. She has also contacted the Port Authority and the issue will be presented to the board at its next meeting.

 

 

PUBLIC ITEMS

 

Mayor Pro Tem Brooks stated the rules for addressing the City Council.

 

Roger Bok, 1012 Cato Drive, suggested that anything marked with an asterisk must be read with claims read individually. He asked who will be paying for the installation of the sump pump over the storm sewer on Crestview and how many feet are included. City Engineer Jahnke reported that over the past several winters the sump pump has consistently discharged into the street causing an ice build up. The Street Department and the homeowner agreed that the sump pump could be hooked into the storm sewer. He noted that the City would pay the cost and Mr. Bok warned that this was a mistake. Bok then raised the iron issue at the packing house. Mayor Pro Tem Brooks told Bok that the issue has been resolved. Bok then stated that he has asked Councilor Severtson for copies of the checks and has not yet received them. Councilor Severtson reminded Mr. Bok that he had informed him that those documents are available in the Library. Bok then asked about the chickens next door to him and asked how many cats are permitted per residence. He noted that the neighbor’s cats are running loose and are unlicensed. He asked what color the chicken coop is supposed to be and Ms. Simonsen replied that it should be whitewashed. Mayor Pro Tem Brooks informed Mr. Bok that his five minutes were up.

 

Mike Murtaugh, 313 Willamor Road, thanked the City Staff for following up on the lighting issue and asked to see the information. He asked if the City had any plans to treat the lake for algae. Ms. Simonsen explained that the copper sulphate treatment has not been budgeted. She noted that she has had several requests during the past week and that the lake is usually treated in the first week of August at a cost of $3000 to $5000. She explained that the DNR now has a rule that only one half of the lake may be treated at one time and that the results last only a couple of weeks. Murtaugh explained that the ski club has tournaments coming up and treating the lake will prevent them from practicing. He explained that the club practices Monday through Thursday and suggested treatment be applied on Wednesday. Mr. Murtaugh then commented that he watched the mayoral candidate question and answer session. He noted that Councilor Marin asked most candidates if they felt the Council acted appropriately in asking for the former mayor’s resignation. He told the Council that his opinion is that he believes they did the right thing. He also noted that he feels all four candidates are very well qualified for the position. He asked that the Council appoint one of those individuals.

 

Bob Fjelbroten, 21458 775th Avenue, asked whether the City would be hauling in additional gravel on the secondary road with tonight’s rain. He noted that the main road gets very soft with rainfall and suggested that residents will be unable to exit the neighborhood. City Engineer Jahnke stated that they will not bring in more gravel for the secondary road, that they will concentrate on the main road and that they will do what they can to keep the road passable.

 

 

INTOXICATING LIQUOR LICENSE RENEWALS APPROVED – PUBLIC HEARING

 

Mayor Pro Tem Brooks stated that this is a public hearing for the renewal of the various intoxicating liquor licenses issued by the City of Albert Lea. The necessary notice for this hearing was published on July 14, 2005. The licenses are as follows:

 

2005-2006 ON-SALE INTOXICATING LIQUOR (expiring 8/31/06)
Dawn I. Malakowsky Todd Haroldson
d/b/a Aragon Bar d/b/a Harold’s Bar & Restaurant
130 West College 1318 East Main Street
Albert Lea, MN    56007 Albert Lea, MN   56007
Chasers IV LLC Crescendo Dynamic Downtown Dining LLC
d/b/a Chasers d/b/a Crescendo
1119 South Broadway 118 South Broadway
Albert Lea, MN   56007 Albert Lea, MN   56007
Jacob Zamora, Sr.   The Zoo of Albert Lea, Inc.
d/b/a Casa Zamora   d/b/a Nasty Habit
2006 East Main Street 134 West William
Albert Lea, MN   56007 Albert Lea, MN   56007
Felcar, Inc.          P & E Enterprises, Inc.
d/b/a Mexico Lindo Restaurant d/b/a Eddie’s Bar
804 East Main Street 719 Marshall
Albert Lea, MN   56007 Albert Lea, MN   56007
Albert Lea Club Management, Inc. Elseth Enterprises, Inc.
d/b/a Albert Lea Golf Club d/b/a Green Lea Golf Course
1701 Country Club Road 101 West Richway Drive
Albert Lea, MN   56007 Albert Lea, MN   56007
Joe M. Talamantes Mall Snack Shoppe, Inc.
d/b/a Tienda Mexico d/b/a Café Don’L North
2201 East Main Street 2588 North Bridge Avenue
Albert Lea, MN   56007 Albert Lea, MN   56007
Shell Rock Food & Beverage LLC Albert Lea Lodging LLC
d/b/a Green Mill Restaurant & Brew Pub d/b/a Ramada Inn of Albert Lea
2218 East Main Street, PO Box 129 2306 East Main Street
Albert Lea, MN   56007 Albert Lea, MN  56007
Apple American Limited Partnership of Minnesota
d/b/a Applebee’s Neighborhood Grill & Bar
2740 North Bridge Avenue
Albert Lea, MN   56007
2005-2006 SUNDAY ON-SALE INTOXICATING LIQUOR (expiring 8/31/06)
AFL-CIO Green Lea Golf Course
Albert Lea Golf Club Green Mill
Applebee’s Harold’s Bar & Restaurant
Café Don’L North Mexico Lindo
Casa Zamora Restaurant   Moose Lodge
Chasers Nasty Habit
Crescendo Ramada Inn
Eagles Club Tienda Mexico
Elks Lodge
2005-2006 CLUB ON-SALE INTOXICATING LIQUOR (expiring 8/31/2006)
AFL-CIO Union Club, Inc.     Knights of Columbus Lodge 1590
d/b/a AFL/CIO Union Club d/b/a Knights of Columbus
404 East Main Street 1002 South Broadway, P. O. Box 861
Albert Lea, MN   56007   Albert Lea, MN   56007
American Legion Loyal Order of Moose Lodge 1703
Leo Carey Post #56       Albert Lea Moose Club
142 North Broadway 328 Main Court
Albert Lea, MN   56007  Albert Lea, MN   56007
Fraternal Order of Eagles BPOE Lodge 813
Aerie 2258 d/b/a Elks Lodge
d/b/a Eagles Club      1811 Southeast Broadway
205 West William, Box 607     Albert Lea, MN   56007
Albert Lea, MN   56007     
2005-2006 OFF-SALE INTOXICATING LIQUOR (expiring 8/31/2006)
Hy-Vee, Inc. Freeman Family of Albert Lea, Inc.
d/b/a Hy-Vee Wine & Spirits