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City Council Minutes January 11, 1999 Page 3 e current property taxes for the premises for which the license will be issued. She stated that Holiday has indicated that they just recently became aware that the landlord has not paid the taxes and are prepared to pay their portion of the property taxes directly to Sherburne County. Kerry Erickson, Holiday Station Stores, Inc. representative, was in attendance of the meeting. Kerry approached the Council with her request to renew the tobacco license for the Holiday Store, based on the information provided in a letter to Mayor and City Council dated January 8, 1999, from Holiday's legal counsel Carolyn Erickson. The information provided by Carolyn Erickson indicated that Holiday does not own the property at 13445 Business Center Drive, but leases a portion of the property from the landlord. Under the lease, Holiday is responsible for payment of 20% of the real estate taxes for the property. Holiday has paid these taxes to the landlord through July 1998. Since then, Holiday has paid its share of the taxes directly to Sherburne County. She further indicated that to date, Holiday is current on all real estate tax obligations for the property, and suggested that Holiday not be denied their tobacco license renewal. COUNCILMEMBER FARBER MOVED TO APPROVE THE REQUEST BY HOLIDAY STATION STORES, INC. TO RENEW THE TOBACCO LICENSE FOR 13445 BUSINESS CENTER DRIVE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Consider Joint Powers Aareement to Own and Operate a Brush Grinder e Street/Park Superintendent Phil Hals presented a brief video depicting the large capacity brush grinder that would aid in dealing with increasing volumes of brush and compost in the city. Phil indicated that the Sherburne County Solid Waste Committee has recommended funding a fouryear "lease to own" purchase of the grinder. This proposal was approved by the Sherburne County Board for the cities of Becker, Big Lake, Elk River, and Zimmerman subject to entering into a joint powers agreement for usage of the equipment. Phil informed the Council that Sherburne County would be responsible for the $32,000 per year lease, and that the City of Elk River would incur costs for operator and diesel fuel, but would not have a capital charge for the equipment. Council member Motin expressed concern regarding the City's liability and insurance in the operation and maintenance of this type of equipment. City Attorney Peter Beck indicated that all four cities entering into the agreement are covered by the League of Minnesota Cities Insurance Trust, and that the brush grinder would fall into the same category of coverage as any other equipment currently operated in the Street/Park Department. Council member Motin indicated that the insurance issue should be more formally addressed by the Joint Powers Board and the liability issue reviewed by the City Attorney and staff. e MAYOR KLINZING MOVED TO APPROVE RESOLUTION 99-2 ENTERING INTO A JOINT POWERS AGREEMENT TO OWN AND OPERATE A BRUSH GRINDER WITH THE