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Regular City Council Meeting IVV�ouday, May 07, 2007 Page 11 1 Ci�y's part, recommended that the City accept the seiilement �erms as 2 outlined below; resolving all matters with Axe�'s giv�ng up any e��im 3 as a resu�t o� �he shutdown prior to �heir hearing taking p�ace, Mr. 4 Anderson noted that the settlement was �n line with those issues disW 5 cussed by the Ci�y Council wi�h legal counsel in past Executive Ses- 6 sion. 7 S Th� se�tlemen� agreement zs as �ol�ows: 9 ■ Axex's wi11 give up any claim as a result of the shut down prio� 10 to their heaaring tak�ng place. I 1 � Axe1's will serve suspension �ime with no a�cahol ta be served 12 �rom opening �ime (6:Q0 a.m.) through 4:00 p.m., 10 hours, on a 13 Sunday or Monday, a date of �heir choasing w�thin th� next 30 � 4 days. This wou�d, in turn, constitute the entirety of any �emain- 15 ing Iiquor Iicense suspen,sion, and Axel's wauld wi�hdraw their 16 r�quest �or an appeal hearing; 17 ■ Txainzng currently provided by Axel's dram shop insurance I8 provader be deemed suffcient, ra�her than additiana� City- �.9 provided training. 20 ■ C�ty A��arriey Anderson would draft a final and complete re- 21 lease to bc s�gned by the I�eensee and �he City. �2 23 Councilmember Kough was reluctant to allow a licensee ta dietate 24 condit�ons to the City; and reiterated haw strongly he fe�t regarding 25 �a�e of liquor to minors in the City of Roseville. 26 27 Ci�y Attorney Anderson recognized Councilmembe�r Kough's con- 28 ceara�s and no�ed tha� the Ci�y always took searious�y such matYers; 29 however, he noted the Ciiy's part in the �ack of communica�ion and 30 due process, and suggested �hat th�s campromise be taken �o avoid po- 31 tentia� fi��ure and costly litigation against the City. 32 33 Councilmembex Zh�an sought comment from City Po�ice Chief Caro� 34 Sl�tner. 35 36 Chief Sletner recognized that mistakes had been made and, based on 37 Ci�y Atiorney Anderson's recoznmendatzon, opzned the settlemeni was 3S �air to bo�h parties; and expressed hex appreciation for the solutian 39 p�oposed by Ci�y Attorney Anderson.