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Regular City Council Meeting Monday, May 07, 2007 Page 11 City's part, recommended that the City accept the settlement terms as outlined below; resolving all matters with Axel's giving up any claim as a result of the shutdown prior to their hearing taking place. Mr. Anderson noted that the settlement was in line with those issues dis- cussed by the City Council with legal counsel in past Executive Ses- SIon. The settlement agreement is as follows: · Axel's will give up any claim as a result of the shut down prior to their hearing taking place. · Axel's will serve suspension time with no alcohol to be served from opening time (6:00 a.m.) through 4:00 p.m., 10 hours, on a Sunday or Monday, a date of their choosing within the next 30 days. This would, in turn, constitute the entirety of any remain- ing liquor license suspension, and Axel's would withdraw their request for an appeal hearing; · City Attorney Anderson would draft a final and complete re- lease to be signed by the licensee and the City. Councilmember Kough was reluctant to allow a licensee to dictate conditions to the City; and reiterated how strongly he felt regarding sale of liquor to minors in the City of Roseville. City Attorney Anderson recognized Councilmember Kough's con- cerns and noted that the City always took seriously such matters; however, he noted the City's part in the lack of communication and due process, and suggested that this compromise be taken to avoid po- tential future and costly litigation against the City. Councilmember Ihlan sought comment from City Police Chief Carol Sletner. Chief Sletner recognized that mistakes had been made and, based on City Attorney Anderson's recommendation, opined the settlement was fair to both parties; and expressed her appreciation for the solution proposed by City Attorney Anderson.