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City Council Regular Meeting - 05/08/06 Minutes - Page 17 City Attorney Anderson opined that the language, when considering the definition of debris, was clearly identified. Mr. Munson advised that staff only sought removal of tree stumps once they'd been uprooted. 7. Consider Amendments to the Alcohol Compliance Ordinance Amendments to the City Attorney Scott Anderson reviewed draft modifications to Alcohol provisions of the City's Liquor Code, 302.15 related to Civil Compliance Penalty, as previously directed by the City Council at their April Ordinance 10, 2006 meeting; authorizing the City Attorney to amend City Ordinance, Chapter 302, to incorporate the five-point process as outlined in the legal opinion dated April 5, 2006 and to provide consistency with Minnesota Statute, Chapter 340AA15; and to return to the City Council with a draft ordinance for Council consideration and action. Those five points were outlined and incorporated as follows: I. A violation involving a presumptive revocation or suspension would, like violations involving a presumptive fine only, be the subject of a staff recommendation to Council. Staff would notify the violator of its proposed recommendation. 2. The Council, based on staffs recommendation, would determine the appropriate length of the license suspension, or resolve to revoke the license. 3. The violator would be given notice of the proposed action of the Council, and would be given an opportunity to appeal the penalty within ten days of the notice. 4. If an appeal is properly taken, an independent hearing examiner would be designated by the Council to hear the appeal, and make a report and recommendation to the Council per Sections 14.57 to 14.69 of the Administrative Procedures Act (APA). 5. The Council would consider the Independent Hearing Officer's (IHO's) recommendation and issue its final decision on the appeal. Discussion included final determination by the City Council; staffs role in the process; and definition and consequences when there were extenuating or aggravated circumstances.