Loading...
07-02-2007 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 2, 2007 Members Present: Mayor Klinzing, Councilmembers Zerwas, Farber (6:10 p.m.), Gumphrey, and Motin Members Absent: None Staff Present: City Administrator Lori Johnson, Chief of Police Jeffrey Beahen, Administrative Captain Bob Kluntz, Finance Director Tim Simon, Environmental Administrator Rebecca Haug, and Recording Secretary Jessica Miller 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Klinzing. 2. Consider 07/02/2007 Agenda Item 3.9. Notice of quorum for a meeting with U.S. Representative Michele Bachmann was removed from the consent agenda as that meeting has been cancelled. Acknowledge resignation of Officer Anne Buck and direction to fill vacancy was added as new item 3.9. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION CARRIED 4-0. 3. Consider Consent Agenda . MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. JUNE 11, 2007 MINUTES 3.2. CHECK REGISTER 3.3. UPDATE TO TRAVEL POLICY 3.4. RESOLUTION 07-64 ACKNOWLEDGING PUBLIC SAFETY CONTRIBUTIONS FROM THE EDDY FOUNDATION 3.5. TEMPORARY ON-SALE LIQUOR LICENSE - HINOTES HEROES 3.6. HIRE TIMOTHY BREZINA AS ENGINEERING TECHNICIAN BEGINNING AT PAY GRADE 4, STEP A WITH A STARTING DATE OF JDL Y 9, 2007 3.7. HIRE MARCI SPRINGSTEEN AS POLICE RECEPTIONIST BEGINNING AT PAY GRADE 3, STEP A WITH A STARTING DATE OF JULY 16, 2007. City Conncil11inutes July 2, 2007 Page 2 3.8. REQUEST BY ORONO COMMONS FOR EXTENSION OF CONDITIONAL USE PERMIT ACKNOWLEDGE RESIGNATION OF OFFICER ANNE BUCK AND DIRECTION TO FILL VACANCY . 3.9. MOTION CARRIED 4-0. 4. Open Mike Noone appeared for open mike. 5.1. Solicitor License Request - Apx Alarms City Administrator Lori] ohnson provided background on the request by Apx Alarms for solicitor's licenses for 28 employees as outlined in the staff report. Chief of Police] effrey Beahen expressed concerns regarding the number of complaint calls the Police Department will receive if this company is approved for soliciting in Elk River. He also expressed concern over the high number of complaints the company has in Utah, the company's state of origin. He noted that the issue is not with the company itself but rather the large number of solicitors requesting licenses and the unethical sales techniques used by some of the employees. City Attorney Peter Beck explained that he did not find ample evidence to support the denial of the entire company; however, the Council could consider whether they wish to approve licenses for applicants A and B. . Mr. Beck stated that the conditions suggested by the Council are reasonable and defendable if such conditions are applied to all solicitors and peddlers in the city. Mr. Beck stated the Council could implement these conditions and move forward with an ordinance amendment. Councilmember Motin questioned if imposing a two week time limit on the soliciting is acceptable. Ms. ] ohnson explained that it is her understanding that Apx Alarms suggested the two week time frame when they learned of the Council's hesitation with approving their licenses. Mr. Beck indicated that as long as the company is agreeable the time limit is fine. Mr. Beck suggested that it may be appropriate to allow the licenses to be renewed at the Council's discretion at the end of the two week period if no complaints are received. (Councilmember Farber arrived) Councilmember Gumphrey questioned the city's recourse if multiple complaints are received. Mr. Beck explained that if the company does not meet the requirements of the license, the city can begin revocation hearings for the licenses. Discussion took place on limiting the hours of solicitation so residents are not bothered evenings and weekends. Mayor Klinzing indicated that the solicitors can leave their information on doors if residents ate not home and that way the resident can call and schedule an appointment if they desire. Mr. Beck stated that language could be added to the first and second conditions allowing Apx representatives to return to a residence outside of the set hours if invited back by a resident. . . . . City Council Minutes July 2,2007 Page 3 Councilinember Zerwas questioned what a resident should do if they feel threatened by a peddler or solicitor. Chief Beahen explained that a home is private property and if the resident asks a solicitor to leave and they do not, the resident should call 9-1-1 and the solicitor can be arrested for trespassing. He noted that the solicitor's license does not give the solicitor the right to remain on private property once asked to leave. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY MAYOR KLINZING TO APPROVE TWENTY-SIX SOLICITORS LICENSES FOR APX ALARM SECURITY SOLUTIONS, INC. AS LISTED IN EXHIBIT A OF THE STAFF REPORT WITH THE FOLLOWING CONDITIONS: 1. ONLY ONE (1) SOLICITOR SHALL APPROACH ONE RESIDENCE AND NO SOLICITOR FROM THE SAME COMPANY CAN APPROACH THE SAME DOOR AGAIN UNLESS INVITED BACK BY THE RESIDENT. HOURS FOR UNSOLICITED CALLS ARE LIMITED TO MONDAY THROUGH FRIDAY, NOON TO 6:00 P.M. APPLICANTS SHALL CARRY THE SOLICITOR'S LICENSE, A DRIVER'S LICENSE OR STATE ID, AND WEAR A COMPANY PHOTO ID PROVING EMPLOYMENT WITH APX ALARMS WHILE SOLICITING. THE LICENSE SHALL EXPIRE TWO WEEKS FROM THE DATE THE APPLICANT WISHES TO BEGIN SOLICITING DOOR- TO-DOOR. SUCH PERIOD MAY BE RENEWED FOR ADDITIONAL TIME AT THE COUNCIL'S DISCRETION. APPLICANTS CANNOT KNOCK ON ANY DOOR WHERE THERE IS A SIGN PROHIBITING SOLICITORS. 2. 3. 4. 5. MOTION CARRIED 3-2. Councilinembers Farber and Gumphrey opposed. Councilmember Gumphrey noted that it is unfortunate that a company can receive so many complaints in their state of origin and the city has no basis to deny their license to go door- to-door in the city. It was the consensus of the Council to have a future worksession discussion regarding an ordinance amendment to make the ordinance on transient merchants, peddlers, and solicitors stricter. Discussion took place whether or not applicants A and B should be issued a license. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER FARBER TO DENY THE REQUEST BY APPLICANT A AND B OF APX ALARM SECURITY SOLUTIONS, INC. FOR A SOLICITOR'S LICENSE BASED ON THE FINDING THAT APPLICANTS A AND BARE NOT OF GOOD MORAL CHARACTER AND FOR STAFF TO NOTIFY THE APPLICANTS OF THEIR RIGHT TO A HEARING. MOTION CARRIED 4-1. Councilinember Morin opposed. 5.2. Discuss Council Worksession Agendas Ms. Johnson reviewed the worksession agendas for July 9 and August 13. She stated that discussion on the street light payment policy has been added to the July 9 agenda. City Council Minutes July 2, 2007 Page 4 Ms. Johnson questioned Mayor Klinzing about whether the 2008 Fire Relief contribution discussion still needs to be on the July 9 worksession based on her discussion at the last Fire Relief meeting. Mayor Klinzing itidicated that the item can wait until the July 16 meeting as the Fire Relief deadline is August 1. . Councilmember Farber requested that no action items be discussed at the July 9 meeting because he is having shoulder surgery and will not be in attendance. 6. Other Business Councilmember Farber questioned if the P.S. Dance item is on an upcoming agenda. Ms. Johnson indicated that this item could be discussed on July 16 and that she will check with Planning Manager Jeremy Barnhart. 7. Council Updates There were no council updates. 8. Staff Updates Environmental Administrator Rebecca Haug indicated that the boat tour that was scheduled for tonight has been cancelled due to the rain and will be rescheduled for a different day. Ms. Haug asked the Council to let Ms. Johnson know of dates that work for them. 9. Adjournment . There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 6:41 p.m. ~~~7,epared Tina Allard City Clerk Miller. .