Municipal Services Committee - Regular Meeting

6 o'clock. We'll call to order this meeting, a special meeting of the Safety and Licensing Committee for Wednesday, August 19th. Please join me in the Pledge of Allegiance.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible,

All right. Thank you, everyone. Roll call membership. All members are present except for Alder Jones, who is excused. I'm Chris Crote, chair of the committee, representative from District 14, and to my left is Josh Lambert, District 1. Patrick Hayden, District 7.

Denise Fenton, District 6.

Thank you. Okay. Moving on to the minutes from a previous meeting, which was held on July 22nd. Is there a motion on the minutes?

Move to approve.

Second. Motion and a second on the minutes. Any corrections or changes? Not seeing any. All those in favor of approving the minutes, signify by saying aye. Aye. Any opposition? Any abstentions? All right. Minutes are approved 4-0. takes us to public hearings or appearances. We have three appearances listed tonight. They are all demerit point violation appearances from establishments in Appleton. Starting with 26-1003 is a demerit point violation appearance for pizzeria, pub, and bar. This particular violation is a violation for exceeding capacity. The establishment also had a prior violation, so they have an 80 point for the Exceeding capacity, and then I have a total of 130. Is there anyone here from Pizzeria, Pub, and Bar? Please come up to the microphone. I'll turn the podium microphone on there. If you could just give your name and address, and then just explain what happened and what you're doing to correct it from happening again.

This is my address, W6028 Blazing Star Drive, Appleton, Wisconsin, 54915. We already make outside restroom. We have restroom out there because of capacity is with the one restroom before, but now we have two restrooms. I already submitted a paper to Sir Dan Meisner. Maybe he's working on it. We have a before outside restroom. We put a new seat and a new everything, like sink in it. Maybe should be we have no any problem like that for if sometime people more come, sometime less, you know. Like we always keep eye now on people, but I'm waiting for Dan Meisner for if he increase for us. We have two restrooms now.

Okay. So Dan is from inspections, correct?

Yes.

Yep. Okay. All right. First of all, thank you for coming and thank you for explaining it. Are you familiar with the point system and where you're at with the total?

Is there 80 rights right now?

80 for this violation, but 130 total. So you're getting close to the point where your license could be suspended if there's more violations.

Oh.

Just wanted to make sure you're aware of the If you have any questions, the Ableton Police Department can help answer those, or I believe the city's- That's for one ticket, like it's 80 point? This one is for the 80 point, but you had a prior, and I don't remember the details or have the details.

Yeah, it's two times. Same thing happens, sir, like 40-40. I remember that. Okay. Like exceed that, what do you say, like peoples or something. Yeah, it's happened two times, yeah.

Okay, okay. Just want to make sure you're aware of.

Keep all the time now, sir. And I just waiting for sir whenever he like give us more information. MORE PEOPLE COME IN? EXCEED MORE PEOPLE?

NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? NEW SPEAKER?

NEW SPEAKER? NEW SPEAKER?

NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? NEW SPEAKER? WELCOME. THANKS FOR COMING. JUST UP TO THE PODIUM, NAME AND ADDRESS FOR THE RECORD AND SAME THING IF YOU COULD JUST EXPLAIN WHAT HAPPENED AND WHAT MEASURES YOU'RE TAKING TO CORRECT IT FROM HAPPENING AGAIN. HI.

ANGELA YACHMAN, 2120 WEST COLLEGE AVENUE. We, as per company policy, if you serve to a minor, it is automatic termination. The person who did serve to a minor has been terminated. We did realize and find out from the police officer that he had actually checked the ID but did not math correctly. So we now have signs up around our bar saying that if you have to be 21, you have to be born before this day of the year. We have two signs now in that. We have also implemented more training on how to properly read an ID.

Okay. Thank you. Anything you want to add or just?

I'm the owner.

Okay.

She's my GM.

Thank you. We appreciate you coming and explaining what happened and what measures you're taking to prevent it from happening again because I think you understand the impact of the points and what multiple violations could do.

Any questions from committee members? No? Okay. Thanks.

Okay, the last one tonight is 26-1006, the merit point violation appearance for Deja Vu Martini Lounge. Same situation, dispensing to minor, 80-point violation, 80 points total. Thank you for coming. Name and address for the record, please.

Kelly Caroll, 519 West College Avenue, Appleton. As far as what we're doing differently, I don't really have an answer for that. And I apologize. I had a statement written out, which doesn't apply, because it's been about 10 to 12 years since we've been in this situation before. I'm not up here very often. I'm pretty much going to have to throw this out entirely. We don't have to do anything different, because the circumstance of this was very circumstantial. And I'm just going to read bits and pieces, if you'll allow me. In our 25 years, we're going to get to the 25-year thing in a second. In 25 years, we failed three police stings. The first one was within the first year because, quite frankly, I didn't know quite what I was doing yet, even though I had been in the industry for a long time. The second case was thrown out because of an improper procedure. And the case in this instance, my bartender was given a gentleman walked in part of the sting. My bartender went to give a drink to the gentleman implementing the sting. She was about to ask for identification when he popped up and quickly said, I forgot my wallet in the car and walked out. My staff member assumed that she would be able to get his ID upon return and instead was met by a police officer. We have video proof of this. The DA didn't want to, I don't know if the DA looked at it, but he simply responded, I didn't think the guy looked old enough. How is a bartender supposed to fulfill their legal responsibility if the interaction is cut short? The DA offered my staff member a lesser fine. I don't get a lesser fine. She pled guilty because she doesn't have a choice, $100 fine or $1,000 in legal fees. There is no choice there. I have nothing to fight because the DA has his guilty plea. So it is what it is. Admittedly, and now in hindsight, she should have asked for proof of aid before even making a drink. But like I said, overall, the situation is circumstantial at best. All of my employees are made aware and reminded for two non-negotiable reasons for instant termination, being intoxicated while working and serving a minor or failing a sting. My staff member who failed this most recent sting is sitting behind me here today and will continue to be an employee of mine. She has my support because she didn't break any laws. The individual working for ADP stopped the interaction prematurely. All of my staff members, and I'm going to throw everything out from there. All of my staff members are mentally beaten with how important this is, and not just serving minors, but anything in regard to public safety. Where I find this a little frustrating is Deja Vu celebrated its 25th anniversary this year. I didn't hear a single word from anybody in the city, nobody. But as soon as there's this trip up, where basically deception is used to see if somebody will break the law, then alarm bells go off. And that's really frustrating. It's frustrating to have more pride in the city than it feels like the city has for me. And I will defend my staff when they don't do wrong. And I'm doing it now. So that said, I'm not saying we're not doing anything. We've been doing it the whole time. And I'll take any questions anybody would like to ask.

OK.

Thank you for sharing that. Any questions for OK?

I don't have any questions either. We do appreciate you coming. We do appreciate the historical perspective. Thank you. OK, moving on to that was our listed appearances or public hearings. We'll move to our action items. We have a couple of action items starting. We'll take them in order. 26-1055, Rally for Equality Special Event Application. The reason why it's here is like other applications, it was denied by the clerk's office because it didn't get received within the proper application dating. which is 45 days, and I think this was 21 days. There was a couple of attachments, including the application and a memo. You'll see that all departments have approved the application and the event. So are there members or representatives from the group? Okay. Do you want to speak to the committee? I can speak very briefly. Okay. Name and address for the record, please.

Yes, Irene Stroban, W6400 Fire Lane 8 in Harrison. I am president of the Appleton Area Now chapter. Next Wednesday, the 26th, is Women's Equality Day. So it was a great time to plan this rally for equality in favor of the Equal Rights Amendment, as well as recognizing certification of the 19th Amendment, which is historically why Women's Equality Day was established. We knew that we wanted to hold this rally before the 45-day expiration. However, I was under the impression that we wouldn't need a special use permit for this small rally. In the application we state, we're expecting 75 to 200. So far, I think we'll be happy to get around 75 to 100 participants. So I ask forgiveness from the committee and the council for submitting the application in less than the 45-day period, but this was a learning experience for us, and hopefully you will approve, and it won't happen again.

THANK YOU THANKS FOR COMING AND THANKS FOR EXPLAINING THAT WE'VE HAD A NUMBER OF THESE SINCE THE POLICY CHANGED I THINK WE'VE WE'VE APPROVED ALL OF THEM IF I RECALL CORRECTLY SINCE THE POLICY CHANGED FOR 45 DAYS I WAS HAPPY TO SEE THAT THE DEPARTMENTS HAD ALL REVIEWED THIS AND APPROVED OTHER IS WHEN SOMEONE LIKE TO MAKE A MOTION ON THIS TO GET IT ON THE TABLE FOR THE COMMITTEE TO APPROVE OKAY, WE HAVE A MOTION AND A SECOND TO APPROVE THE APPLICATION. ARE THERE ANY COMMENTS OR QUESTIONS? ANYTHING FROM THE CLERK'S OFFICE? EVERYTHING WAS PRETTY CLEAR IN THE MEMO AND EVERYTHING? OKAY. ALDER, HARTZEIM, DISTRICT 13 SHOULD BE GREEN.

NEW SPEAKER THANK YOU, CHAIR. I APPRECIATE THAT EXPLANATION, BUT I'M STILL KIND OF MIFFED. I MEAN, ON THE SPECIAL EVENTS PAGE ON THE CITY OF APPLETON IT SAYS SPECIAL EVENTS ARE planned occurrences held on public property or in the public right of way and open to the public. So with that explanation, it should have been a slam dunk that we know that we have to do a special event application. Now that all the departments have made their approvals of this, I don't see that there's any real reason to not permit this exception. But I'm, again, miffed about continual exceptions being made and disappointed in that. So I think that there is perhaps some policy review that will need to be done in this regard. Again, it's pretty clear on the city of Appleton website. I went there with one search that there should be a special event application for any event that's going to fall under those particular qualifications. Thank you.

Any other comments or questions? I tend to agree with you, Alder Hartzheim. I know some of us had said at a year we were going to start kind of enforcing this policy. We've basically approved all of them since. I don't have a problem approving this one because, like I said, the departments have all signed off on it and the fact that you were here and acknowledged that you will try to do it differently going forward. I appreciate that. So if there's no other comments, we can take a vote on approving the application. All those in favor of approval, signify by saying aye. Aye. All opposed? Any abstentions? I abstain. Okay. So we have a 3-0-1 vote to approve, which will go, Alder Hartzheim, go ahead.

Point of order, Chair. If you could just clarify that the motion and the vote are to approve the late exception of the application, not the actual event itself.

And I think this has come up before. Clerk Molitor, go ahead. Director One, go ahead.

So this question has come up before, and I actually misspoke the last time, but we looked further into the policy and when this gets approved by safety and licensing. And then eventually council, if it does, it is actually approving the event itself, which is why we try to have all of our department recommendations in ahead of time if we are able. So this would approve the event.

Okay. Thank you. Good clarification. All right. So this goes as a recommendation to the full council. I believe it's on tonight's agenda at 7 o'clock. So look forward to that. You can also speak to the full city council. There will be a sign-up sheet over there on the table. If you want to speak to the council, just sign up and then list this item as what you're going to speak on. OK. All right. We have a couple more action items. They are license-related applications. Is there a motion on one or all?

Move to approve the balance of the agenda, Chair.

Okay, is there a second? Second. Okay, move to approve the balance of the agenda in a second. That's 26-1007, 26-1021, 26-0960. Are there any that anyone would like separated out? Not seeing any. Is there anyone want to make a comment or ask questions about any one of the applications? Not seeing any. Okay, we'll take a vote on those three. All those in favor of approving, signify by saying aye. Aye. All opposed? Any abstentions? All right, 4-0 on those applications. That takes us to information items. We have a special event listed under 26-1030. It's Parish Fest at Sacred Heart Parish. And then moving on to director's reports, which is 26-1033. There's nothing for the fire department. There is a June report for the police department. Chief Olson, do you want to comment on that at all? Combined focus report? District 2? Oh, District 2, not Director 2. Okay. It should be on. It is on.

Sorry about that. No, I don't have any additional comments, but I would certainly entertain any questions if anybody has any.

Okay. Are there any questions from committee members on the combined focus report? No? Okay. All right. That's the only thing listed, Chief, so we'll move on to city clerk. And listed on the agenda is partisan primary election information with an, well, the attachment is for the police department, so... Clerk Mulder, go ahead.

So I just wanted to update you guys on how the partisan primary went since that occurred last week, Tuesday. We had 15,574 voters overall in the city of Appleton, which is about 1,000 more than we had in the spring election. So they were kind of on par. Our voter turnout was 37.22%, which is about what we expect to see in an August partisan primary. And then we had 3,716 absentee ballots returned, which is pretty good. We're hovering somewhere between like 25% and 30% of our votes being absentee ballots, which I think is pretty interesting. As far as the actual election itself, we had some equipment issues, but nothing that wasn't able to be solved. We have routine maintenance happening from our vendor election systems and software in September before the general election, and we are currently investing in new Badger books to make sure that we stay up to date on that technology. So we're working on making sure that we have spotless elections equipment-wise coming up, and all of our reconciliation of our numbers looked really good. So overall, it was kind of a great election. If you guys have any questions, I can't promise I can answer them right now, but I can certainly find you guys the answers.

Okay, thank you very much, and good job. Any questions? Alder Meltzer, go ahead. Seven? OK, go ahead.

Hi. So there's that traveling flag sitting there. Does it need to move to a different desk?

It does not. It is staying at District 4. Good job, District 4. Yes, District 4 had 42.33% turnout in this election. So they take the crown again.

All right. Cool. It will stay there for a while. Alder Hartzheim? 13?

Thank you, Chair. I would like to thank Clerk Molitor and her staff. They do a great job on that day. I work at one of the polling places in the city, and they do a wonderful job that day. But I do want to refute what the clerk just stated, because when I called her at about 1015 on Tuesday, I asked her, how did things go today? And she said, oh, pretty terrible.

She may have changed her opinion, but I did have that little item of refutation. Thank you.

Apparently the day got a lot better after that.

At 10.15 at night, everything is terrible.

OK, thank you again for the update.

I have one more question. OK, go ahead. I'll elaborate. So with the high number of absentee ballots, is there anything that we're doing to prepare for the coming November election, particularly with regards to some of the legislation or federal conversations that have been happening with mail-in ballots and things of that nature?

Nothing in particular, just because all the things happening on the federal level are conversations more than actual legislation or changes in rules. We are just operating as we always have according to the law in the state of Wisconsin. We do anticipate having significantly more absentee ballots in the general election, and we've stocked up on absentee envelopes, and we've got a nice budget for mailing and postage, and I think the main thing is just communication, especially when it comes to mail times and making sure that people know to request your absentee ballot early and return it early if you can to make sure that it does get to us. And just reminding people that they can bring their absentee ballot in in person and give it to us in the clerk's office or use the Dropbox that we have down in the alley, which opens up when we start to send out those ballots to ensure that they don't run into any issues with their ballots getting lost in the mail or delayed.

Thank you. All right. Any other questions for the clerk? Go ahead, Alder Fenton.

I'm off the subject. This is more for the attorney. But I'm getting an email that maybe we're not streaming.

We weren't for utilities as well. There was an issue with Granicus. No, minutes will be provided.

No, that was just a mechanical question.

And it did show that we're streaming, so that's good to know. Okay, okay.

Yeah, good. Okay, anything else on the agenda? No? All right, we have a motion. Is there a second? We have a motion and a second to adjourn. All those in favor, signify by saying aye. Aye. All opposed?

All right, 4-0, we are adjourned.