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4. Open Mike . City Council Minutes August 6, 2007 Page 2 No one appeared for Open Mike. 3.3. Amendment to the Agreement between Elk River Fire & Ambulance and the Cit;y of Elk River Councilmember Motin questioned why the term of the 99 year lease term begins in January 2012 (when the loan is paid off) rather than when the Ambulance Service will start occupying the building. Ms. Johnson stated the Ambulance Service has requested to begin the term in January 2012. She stated the Council could change the date of when they enter into the agreement. Councilmember Motin stated the way the contract is written it shows there is not a lease agreement unti12012. He stated the loan agreement doesn't give the Ambulance Service the ability to be on the premises. Ms. Johnson stated the lease states it begins immediately but the Ambulance Service wanted more of a guarantee that the lease will last longer. She stated it could be changed back to start from the original date of November 8, 2005. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE AMENDMENTS NUMBER 8 AND 14 AND THAT NUMBER 11 BE CHANGED TO A PERIOD OF 99 YEARS WITH THE TERM BEGINNING NOVEMBER 8, 2005. MOTION CARRIED 4-0. . 5.1. Administrative Hearing for MP Convenience Regarding Alcohol Compliance Check Ms. Allard presented her staff report. Chief Beahen stated compliance checks are conducted pursuant to a grant obtained by the City of Elk River and the Sherburne County Public Health Department. He stated part of the grant agreement requires the City Council to agree to impose civil penalties to licensees who fail compliance checks as provided by statute. He stated failure to follow through with these penalties could cause the city to lose future grant funds. Chief Beahen stated the employee working at MP Convenience said he thought the customer was over 21 years old. Chief Beahen stated the store had a machine that checks ill's but the employee bypassed it by typing in a false birthdate. He stated Mr. Yang (now the licensee) was the employee who served alcohol to a minor back in 2004 during a compliance check. Pao Yang, 13374 Highway 10-Stated he was not the employee who served alcohol to a minor back in 2004 because it was a different Pao Vang. Mr. Vang stated he talked to the employee and the employee stated the store was really busy. He stated that due to the mistake made he decided not to renew his 3.2. Percent Malt Off-Sale license. He requested the fine amount be reduced. Councilmember Motin questioned the change in ownership of the shop. .