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Cittr Council iVlinutes <br />February 6, 2023 <br />8.1 <br />8.2 <br />8.3 <br />Page 3 <br />Mayor Dietz asked the city attorney if even though the citation was issued to the employee does that justify <br />the business being charged for it Counselor Shepherd explained Section 26.33 of the Elk River Cit�T Code <br />and how the licensee is responsible for the action of its employees. <br />Ms. Moss stated the licensee was not aware that the OctobeY 31, 2022, violation was re-cited until afteY the <br />December 5, 2022, violation. She stated if theyT had kno`vn sooner her client �vould ha�re taken steps to <br />remed�T the situation sooner and avoid the December citation. She continued to ask the Council to waive the <br />7-dayT suspension. <br />MayTor Dietz closed the public hearing. <br />Mayror Dietz asked if the 7-dayr suspension could be lessened. Counselor Shepherd explained we can be <br />more restrictive, however not less restrictive to state statute. <br />The Council discussed and unanimously agreed to move forward with the administrative penalties. <br />Moved by Councilmember Beyer and seconded by Councilmember Wagner to adopt Resolution <br />23-08 imposing administrative penalties for violation of tobacco license requirements. Motion <br />carried 5-0. <br />Discuss Work Session Items <br />There were no additional work session items added. <br />Appoint Councilmember: Volunteer of the Year Selection Committee <br />Mayor Dietz pYesented the staff report. <br />Moved by Councilmember Westgaard and seconded by Councilmember Beyer to appoint <br />Councilmember Grupa to serve on the Volunteer of the Year Selection Committee. Motion carried <br />5-0. <br />Final Feasibility Report for the Northeast and Northwest Urban Service Area Expansion <br />Study <br />Ma�ror Dietz noted some propert�r owneYs are pYesent and will have questions foY the Council. He stated the <br />propeYt�r owneYs aYe aware no decisions will be made tonight YegaYding their questions. <br />Mr. Wisner presented the staff YepoYt. <br />Mayor Dietz asked if the Council would be committed to the studyr of they approved it. 1��. WisneY stated <br />the study would be used as a guiding document and is not approval foY a pYoject. <br />MayTor Dietz invited the property owners to speak. <br />row€REo er <br />���U�� <br />