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Regular City Council Meeting Monday, November 24, 2008 Page 11 Councilmember Ihlan, in supporting the motion to table, clarified that she didn't want to lend the impression that she would be voting not to renew the licenses; but that it was her intent, in supporting the motion, that a policy be developed in advance of such action detailing criteria to be used on past violations as consid- eration for renewal or removing licensees from the list of annual renewals. Staff will draft the said policy for City Council consideration. Roll Call Ayes: Pust; Willmus; Roe; Ihlan; and Klausing. Nays: None. Mayor Klausing shared Councilmember Ihlan's concerns, opining that this action appeared to indicate an ex-post-facto policy; however, he spoke in support of de- veloping areasonable policy on how best to approach eligibility criteria for li- cense issuance and/or renewals. Councilmember Roe clarified that, based on staff's recommendation, considera- tion of non-approval not be taken up for discussion tonight; however, this item be put on a future agenda for consideration of approval or disapproval, noting that these three firms stood out in their apparent lack of attempts to comply. Coun- cilmember Roe concurred with discussing a future policy for eligibility criteria. City Attorney Jay Squires recommended that the City Council come back and recommend a particular process; and noted that ultimately when notice is given to applicants, it should be characterized as "the City Council may consider non- renewal of your license due to past non compliance. City Attorney Squires fur- ther recommended that staff be directed to, as soon as possible, to advise these three (3) licensees that another Public Hearing was scheduled at the City Coun- cil's next meeting, and that staff provide the requested information to the City Council in the interim. City Manager Malinen clarified that, as an administrative function and to provide due process and legal notice to these three (3) licensees, that another public hear- ing be scheduled before the City Council at their December 15, 2008 meeting. Mayor Klausing noted that it would be prudent for the City Council to review the entire question of renewal from a policy standpoint at its earliest convenience. City Attorney Squires volunteered to work with staff prior to next Monday's regu- lar City Council meeting to keep the process moving forward. c. Consider Approving Presumptive Penalty for Fuddrucker's Alcohol Compli- ance Failure Police Chief Carol Sletner and Sgt. Matt Marshall reviewed the process for pro- viding notice of compliance checks to license holders; and the ultimate failure of Fuddruckers during the October 2008 compliance checks. Sgt. Marshall clarified