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City Council Regular Meeting— OS/08/06 DRAFT Minutes - Page 20 version in the Council pacicet was the latest version. Ordinance, continued Given the previous confusion, Mayor Klausing ruled that previous motion was removed from the floor. Pust moved, Maschlca seconded, enacting Ordinance 1336, an amendment to City Code, Section 302.15, as prepared by the City Attorney, and made part of the Apri125, 20061ega1 opinion entitled, "Liquor Code Ordinance, Our File No. 4002(�)-42� 9;" with the ordinance code section entitled, "Civil Penalty;" and as further amended following tonight's discussion as follows: to change language on Page 1, Subsection'��, ]�F� as follows: "When a violation occurs, the �- fstaff� shall ��.�n�� rovide infoYmation� to the CitX Council to either assess the presu�n�iiv� �enalty or de�art upward or downward based on extenuatin� or a�ravatin� circumstances. The �� sta� shall notifv the licensee of the in�oz�matzon - bei�� considered and acted unon bv the Citv Council;" and anv references to "CitX Mana�er" throu�hout the document be chan�ed to "staff." Councilmember Pust spoke in support of the motion; opining that the proposed modifications removed potentially offensive language while continuing to meet the intent and seriousness of the law. Mayor Klausing spoke in support of the motion; opining that the language changes appeared simply cosmetic, and were not substantive changes, further opining that he was more comfortable with identifying recommendationsby staff. Councilmember Pust responded that any responsible staff member could give a report of facts and any aggravating circumstances to the City Council; and will do so in the context of the ordinance itself. Discussion included identification of City Manager or staff; City Council authority; apparent need of City Councilmembers to "beat up" staff and the need to eliminate such tactics; policy rationale for amending current ordinance; enforcement concerns;