Protection and Welfare Committee

City of Oconomowoc Protection & Welfare Committee Aldermen: Shaw, Chr / Spiegelberg, Secy / Rogers Tuesday, June 4, 2019 - 7:00 PM City Hall - Conference Room 3 Notice: If a person with a disability requires that the meeting be accessible or that materials at the meeting be in accessible format, call the City Clerk at least 48 hours prior to the meeting to request adequate accommodations. Tel: 569-2186. 1. Call to order and confirmation of appropriate meeting notification 2. Committee Business a. Consider/recommend Granting Renewal 2019-2020 Alcohol Beverage Licenses b. Consider/recommend Granting a New 2019-2020 “Class A” Intoxicating Liquor/Fermented Malt Beverage License to Herr's Service, Inc c. Discussion on Possible Direction for Legislative Referral Requests 3. Adjourn Notice is hereby given that a majority of the Common Council will be present at the above scheduled meeting to gather information about a subject over which they have decision-making responsibility. This constitutes a meeting of the Common Council pursuant to State ex rel. Badke v. Greendale Village Board, 173Wis. 2d 553, 494 N.W. 2d 408 (1993) and must be noticed as such, although the Common Council will not take any formal action at this meeting. 1  MEMORANDUM CLERK’S Date: May 31, 2019 To: Protection & Welfare Committee Common Council Mayor Nold From: Diane Coenen, City Clerk Re: Renewal of Alcohol Beverage Licenses: July 1, 2019 – June 30, 2020 RELATES TO THE STRATEGIC PLAN Strategic Goal- N/A BACKGROUND This resolution lists all licensee applications requesting renewal of their Class A, B or C Alcohol Beverage Licenses, for the licensing period July 1, 2019 to June 30, 2020. All licensees/premises are current with all obligations to the City and meet all Chapter 12 code and statutory requirements. ADDITIONAL ANALYSIS N/A FINANCIAL IMPACT N/A RECOMMENDATION Protection and Welfare Recommendation: Move to recommend granting renewal 2019-2020 alcohol beverage licenses as presented. SUGGESTED MOTION Common Council Recommendation: Move to adopt the resolution granting renewal 2019-2020 alcohol beverage licenses. 1 2  RESOLUTION NO. 19-R RESOLUTION GRANTING RENEWAL OF 2019-2020 ALCOHOL BEVERAGE LICENSES WHEREAS, applications for the following renewal licenses have been made, necessary fees depostied and all legal procedures have been taken, as per ordinance of the City of Oconomowoc. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Oconomowoc that the following licenses be granted (all will expire on June 30, 2020): Class “A” Fermented Malt Licenses: (sell packaged goods beer only) Minimarket El Lago LLC Sausage Haus, Inc 116 N. Main Street 523 N. Oakwood Avenue Limber J. Prats, agent Allen Jerabek, agent N7875 Ski Slide Road W276 N1797 Spring Creek Dr, Pewaukee Class “A” Fermented Malt / "Class A" Liquor (Cider only) Licenses: (sell packaged goods beer & cider only) Kwik Trip, Inc (#417) Kwik Trip, Inc (#858) 1220 Brown Street 1301 Oconomowoc Parkway Craig Clausen, agent Jeffrey S. Wiggins, agent W5572 Cty Rd CW, #1A, Watertown 366 Grove Street, Mayville Kwik Trip, Inc (#446) Speedway, LLC (#4179) 1292 Oconomowoc Parkway 403 E. Wisconsin Avenue Jean A. Brown, agent Amber M. Amsler, agent N5145 Brown Rd, Iron Ridge 138 N 71st St, Milwaukee "Class A” Intoxicating Liquor/Fermented Malt Licenses: (sell packaged goods beer & liquor) Aldi, Inc (#27) Fox Bros. Piggly Wiggly 1521 Unity Drive 1300 Brown Street Bradley D. Anderson, agent Patrick V. Fox, agent N8022 Preserve Park Dr, Ixonia N67 W30952 Golf Road, Hartland Auton Co., LLC (Sonoma Cellars) Liquid Libations Inc (Flannery’s II) 1290 Summit Avenue, #101 1071 Summit Avenue Robert Fronberry, agent Todd D. Pedersen, agent 123 Saint Andrews Trail, Fontana 1250 Prairie Creek Blvd, #101 Datag, Inc (Oconomowoc BP) Fleet Farm Group LLC 744 E. Wisconsin Avenue 1501 & 1555 Pabst Farms Blvd Sukhwinder Pal & Pardeep Kaur, agents Diane Kopping, Agent W172 N7720 Shady Ln, Menomonee Falls 1205 Gover Dr, Beaver Dam Spring Fast LLC (BP-W Discount Liquor) Ultra Mart Foods, LLC (Pick ‘n Save #6388) 1004 E. Summit Avenue 1300 Pabst Farms Circle Satwinder Singh, Agent Joe K. Verdeyen, agent 3380 Brodee Rd, Brookfield W347N5815 Foxglove Ct Class “B” Fermented Malt Licenses: 3  (sell packaged goods beer only) Grandview Management Inc TRH Restaurants II, Inc (Rocky Rococo’s) 220 W. Wisconsin Avenue (Community Ctr) 1075 Summit Avenue Robert J Zilli, agent Kurt Kimball, agent N59 W35605 Surrey Dr 1050 Shady Lane Oconomowoc Softball Association Champion Field-W. Jefferson Street Gary L. Boley, Jr, agent N1514 Cty Rd EE, Neosho Class “B” Fermented Malt / "Class C” Wine Licenses: (serve fermented malt beverages and wine only) Bella Gusto LLC OM Manthra, Inc (Mantra Indian Bistro) 29 S. Main Street 24 S. Main Street Renee S. Burns, agent Govindarajan Navaneetham, agent N8232 Woody Lane, Ixonia 13860 Adelaide Ln, Brookfield Golosi, LLC (Golosi Gelato/Café) KGNMP Hotels LLC (Staybridge Suites) 162 E. Wisconsin Avenue 1141 Blue Ribbon Drive Marina DeGiovanni, agent Kevin Patel, Agent 1203 Lynx Blvd., Waukesha 7866 130th Ave, Bristol MOD Super Fast Pizza LLC EYM Pizza of Wisconsin LLC (Pizza Hut) 1676 Old Schoolhouse Rd, Ste 103 910 Summit Avenue David Burns, Agent Michael Hein, agent 2345 S. 99th St, West Allis 1002 Peterson St, Fort Atkinson "Class “C” Wine License: (serve wine only) Cuban with a Twist LLC (Fresh Baked) 114 W. Wisconsin Avenue Jennifer Betanus, agent W342N4861 W. Lindy Lane, Nashotah “Class B” Retailers’ Licenses: (serve intoxicating liquor/fermented malt beverages) Bertrands, LLC (Lago Su Bella) Breakshots on Main LLC 126 W. Wisconsin Avenue 105 S. Main Street Michael Bertrand, Agent Tim Counsell N58 W38082 Anchorage Rd 410 Grove St Bootleggers, LLC Crafty Cow LLC 137 E. Wisconsin Avenue 153 E. Wisconsin Avenue Holly K. Semrad, agent David Eichler, agent 683 N. Lapham S66 W32445 Road X, Mukwonago "Class B” Intoxicating Liquor/Fermented Malt Licenses (cont'd): Crannog Enterprises Inc (The Pub) R & S Hospitality LLC (CornerStone Sports Pub) 4 114 N. Main Street 24 S. Main Street Aelred Gannon, agent John R. Suttner, agent 1027 Main St, Delafield W375N7833 Tamarack Ct Dunnebar LLC (AJ's Pub) Roblyn, Inc (Lakerz Pub & Eatery) 125 N. Main Street 118 E. Wisconsin Avenue Jennifer A. Keepman, agent Athlyn Ann Reed, agent 599 Westfield Way E, Pewaukee N47 W27515 Lynndale Road, Pewaukee Fiesta Cancun, LLC Sobie's Restaurant LLC 157 & 159 E. Wisconsin Avenue 123 E. Wisconsin Avenue Marcos Contreras, agent Lydia Sobol, agent 1842 Wellsprings Court 546 Summit Avenue Hey, LLC (Maxim's at the Ocon Depot) Solveson-Moos-Abrahanson (VFW Post 2260) 115 E. Collins 830 E. Wisconsin Avenue Dimitri Glavas, agent Patrick J. Houck, agent W336 N550 Island View Ln, Nashotah 426 E. Summit KM Hotel LLC (Hilton Garden Inn) Roots Coffeebar & Café LLC 1443 Pabst Farms Circle 124 E. Wisconsin Avenue Kevin Patel, Agent Heidi E. Laatsch, agent, 330 Thurow Drive 7866 130th Ave, Bristol Hilary B. DeVries, agent, N7952 Woody Ln, Ixonia Lutheran Homes of Oconomowoc Inc *Exception* Themandon, LLC (Amalia’s Family Restaurant) 1305, 1306 & 1380 W. Wisconsin Avenue 183 E. Wisconsin Avenue Dale Dahlke, agent Theresa Ann Perez, agent N8174 Woody Ln, Ixonia 1439 Country Club Lane, Watertown Magna LLC (The Dug Out) TKH, LLC (Grill 164) 965 Cannongate Road 164 E. Wisconsin Avenue Jerry Wendt, agent Todd K. Heppe, agent W155 Allen Road 1935 Waterville Rd, #4 Oconomowoc Columbian Bldg. Corp. TWS LLC (Thirsty Bird Saloon) 117 W. Second Street 119 S. Main Street Jon M. Kopps, agent Todd W. Schaefgen, agent N7180 Ski Slide Road 8159 Blue Bird Ct, Ixonia Oconomowoc Pizza, Inc (Rosati's) Winger’s Tap, Inc 1288 Summit Avenue, Suite 101 126 Silver Lake Plaza Mark Herdt, agent Richard Winger, agent 4309 W. Beach Road W346 Allen Road Par Inc (Paganica Golf Course) VIP Sushi & Hibachi LLC 1335 S. Silver Lake Street 1288 Summit Avenue, Suite 118 Todd Trausenecker, agent Zhou Chen, agent 615 Lake Bluff Drive 5739 Longford Terrace, Fitchburg Reserve “Class B” Licenses: (serve intoxicating liquor/fermented malt beverages) ERJ Dining III, LLC (Chili’s Grill & Bar) Splash Martini Bar, LLC 5  1229 Corporate Center Drive 134 N. Main Street Paul Thompson, agent Richard Reinert, agent 7188 W. Fox Haven, Franklin 134 N. Main Street SLM LLC (Twisted Fire) Wine & Décor LLC (Vino Etcetera) 515 E. Wisconsin Avenue 120 E. Wisconsin Avenue Dimitri Glavas, agent Brian Borkowski, Agent W336 N550 Island View Ln, Nashotah 752 Adams St (8) “Class B” Retailers’ Licenses (Capital Improvement Area-Former TID 3 (serve intoxicating liquor/fermented malt beverages) Pabst Farms Development Inc William C. Niemann, Agent N70 W31155 Club Circle, Hartland Date: June 4, 2019 CITY OF OCONOMOWOC ATTEST: BY: ______________________________ David Nold, Mayor Diane Coenen, City Clerk 6  MEMORANDUM CLERK’S Date: May 31, 2019 To: Protection & Welfare Committee Common Council Mayor Nold From: Diane Coenen, City Clerk Re: New “Class A” Liquor/Fermented Malt Beverage License – Herr’s Service, Inc. RELATES TO THE STRATEGIC PLAN Strategic Goal- N/A BACKGROUND The City received an application for a new “Class A” Intoxicating Liquor/Fermented Malt Beverage license from Herr’s Service, Inc., Peter Herr, Agent, to sell intoxicating liquor and fermented malt beverages at Herr’s Mobil Service at 402 E. Wisconsin Avenue for the licensing period July 1, 2019 to June 30, 2020. The applicant currently has a Class “A” license to sell only fermented malt beverages and has held this license for many years. The owner, after making changes at the service station, would like to be able to sell intoxicating liquor in addition to beer. The applicant meets all Chapter 12 licensing and statutory requirements. ADDITIONAL ANALYSIS N/A FINANCIAL IMPACT N/A RECOMMENDATION Protection & Welfare Recommendation: Move to recommend granting a new 2019-2020 “Class A” Intoxicating Liquor/Fermented Malt Beverage license to Herr’s Service, Inc. SUGGESTED MOTION Council Recommendation: Move to adopt the resolution granting a new 2019-2020 “Class A” Intoxicating Liquor/Fermented Malt Beverage license to Herr’s Service, Inc. 1 7  RESOLUTION NO. 19-R______ RESOLUTION GRANTING A NEW 2019-2020 “CLASS A” INTOXICATING LIQUOR/ FERMENTED MALT BEVERAGE LICENSE TO HERR’S SERVICE, INC. WHEREAS, an application for the following new license has been made, necessary fees deposited and all legal procedures have been taken, as per ordinance of the City of Oconomowoc. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Oconomowoc that the following license be granted effective July 1, 2019 (will expire on June 30, 2020): “Class A” Intoxicating Liquor/Fermented Malt Beverage License (sell packaged beer & liquor) Herr’s Service, Inc. 402 E. Wisconsin Avenue Peter A. Herr, Agent W175 Park Drive DATED: June 4, 2019 CITY OF OCONOMOWOC By: David Nold, Mayor ATTEST: Diane Coenen, Clerk 8  MEMORANDUM Date: May 30, 2019 To: Protection & Welfare Committee From: Sarah Kitsembel, City Administrator Re: Legislative Referral Requests RELATES TO THE STRATEGIC PLAN n/a BACKGROUND The City has received two requests for municipal legislative consideration. Citizen requests for legislative consideration that are sponsored by an elected official are referred by the Mayor to the appropriate committee for review. The Mayor has referred these requests to the Protection & Welfare Committee to provide direction on whether to further pursue these matters. ADDITIONAL ANALYSIS Following is a brief summary of the requests. 1. Litter Ordinance 9.14 – Aldermen Rosek & Spiegelberg referral of citizen request to increase the littering fine to $500. Current city fine amount varies from $136 - $250, depending on the number of violations. The Police Department averages 2 citations a year for these violations. 2. Resolution requesting federal government update studies on the potential health risks of 5G radio frequency emissions and publish findings – Alderman Spiegelberg referral of citizen request to pass a resolution similar to Portland, Oregon (attached). Their resolution requests the FCC to work in cooperation with the FDA to update studies on potential health concerns arising from RF wireless emissions considering 5G technology. FINANCIAL IMPACT Unknown RECOMMENDATION The Committee should provide direction on whether to further pursue these requests and the prioritization of these matters. 1 9 RESOLUTION No. 3 7 4 1 8 Request the federal government update studies on the potential health risks of 5G radio frequency wireless emissions and publish findings, as federal guidelines push for more rapid deployment of 5G (Resolution) WHEREAS, the Federal Communications Commission FCC, hereinafter referred to as FCC, is required by the National Environmental Policy Act of 1969 to evaluate the effects of emissions from FCC-regulated transmitters on the quality of the human environment; and WHEREAS, on August 1, 1996, the FCC adopted National Council on Radiation Protection and Measurements' recommended Maximum Permissible Exposure limits for field strength and power density for the transmitters operating at frequencies of 300 kHz to 100 GHz; and WHEREAS, the FCC in 2015 last updated guidelines for human exposure to radio frequency, hereinafter referred to as RF, electromagnetic fields from wireless facilities, based primarily on recommendations of other federal agencies after reviews of prior scientific literature related to RF biological effects, primarily from the 1990s; and WHEREAS, currently no federally-mandated RF exposure standards exist; and WHEREAS, the FCC relies upon federal agencies with health and safety expertise, such as the Food and Drug Administration (FDA), the Environmental Protection Agency, the National Institute for Occupational Safety and Health, and the Occupational Safety and Health Administration which have assigned roles in federal law for monitoring and investigating issues related to RF exposure; and WHEREAS, the FCC has jurisdiction over non-federal wireless facilities, authorizing and licensing all non-federal devices, transmitters and facilities that generate RF radiation; and WHEREAS, federal law preempts state and local governments, including the City of Portland, from considering health concerns in the regulation and placement of wireless facilities, so long as such facilities otherwise comply with applicable federal law; and WHEREAS, the Government Accounting Office in 2001 prepared a report of its investigation into safety concerns related to mobile phones, and concluded that further research into wireless technology is needed, recommending the FDA take the lead in monitoring research results; and WHEREAS, in May 2009, the City Council unanimously approved a request that the federal government undertake efforts to update studies on the potential human health effects of RF emissions considering significant increases in the use of wireless telephones and technology studies. Resolution No. 36706; and WHEREAS, in September 2011, the City Council unanimously adopted a local 10  3 74 18 I broadband strategic plan recognizing broadband networks, both wired and wireless, as essential infrastructure fundamental to the future of Portland's community members and businesses. Resolution No. 36879.; and WHEREAS, in September 2017, 180 scientists and doctors from 36 countries sent an appeal to the European Commission recommending a moratorium on the roll-out of 5G until potential hazards for human health and the environment had been fully investigated by scientists independent from industry; and WHEREAS, the results of the world's largest study on the link between RF radiation associated with 2G and 3G cell phones and cancer were released on November 1, 2018 by the National Toxicology Program, an inter-agency program: within the U.S. Department of Health and Human Services, found evidence of cancerous heart tumors, as well as some evidence of cancerous brain tumors, in male rats exposed to high levels of RF radiation like that used in 2G and 3G cell phones. However, researchers have cautioned that findings "do not apply to 4G or 5G technologies;" and WHEREAS, on December 3, 2018, U.S. Senator Richard Blumenthal and Congresswoman Anna G. Eshoo co-authored a letter to FCC Commissioner Brendan Carr that requested the FCC and relevant health agencies provide them studies informing the FCC's 5G safety determination, and while they did receive a letter from the FCC on December 17, 2018, it had no mention of 5G safety testing; and WHEREAS, the Resolution by the City would permit the City to: (1) advocate for updated studies on RF Exposure Limits; and (2) potentially influence the outcome of the proceeding for the benefit of Portland community members; and NOW THEREFORE BE IT RESOLVED that the Portland City Council requests the FCC to work in cooperation with the FDA and other relevant federal agencies to revisit and update studies on potential health concerns arising from RF wireless emissions considering 5G Technology; and BE IT FURTHER RESOLVED, that the Portland City Council requests the FCC make findings from such studies publicly available in a timely manner; and BE IT FURTHER RESOLVED, that the Office of Government Relations shall cause a copy of this Resolution to be sent to all members of the FCC, to the FDA Commissioner, and to all members of the Oregon Congressional Delegation. Adopted by the Council: MAR 1 3 2019 Mary Hull Caballero Auditor the City of Portland Mayor Ted Wheeler By Commissioners Fritz and Eudaly Prepared by: Cynthia Castro Deputy Date Prepared: March 4, 2019 11  Agenda No. RESOLU_TION NO. ';{ Title .,J 7418 Request the federal government update studies on the potential health risks of 5G radio frequency wireless emissions and publish findings, as federal guidelines push for more rapid deployment of 5G (Resolution) INTRODUCED BY CLERK USE: DATE FILED MAR O5 2019 Commissioner/Auditor: v-,yv2.R..\u ft.Wv,Fritz COMMISSIONER APPROVAL Mary Hull Caballero Auditor of the City of Portland Mayor-Finance & Administration - Wheeler 't- Position 1/Utilities - Fritz -~<+ii By: II Position 2/Works - Fish Position 3/Affairs - Hardesty Position 4/Safety - Eudalv c -lr)C__ ACTION TAKEN: BUREAU APPROVAL Bureau: N/A Bureau Head: N/A Prepared by: Cynthia Castro Date Prepared: 3/4/2019 Impact Statement Completed IZI Amends Budget D Portland Policy Document If "Yes" requires City Policy paragraph stated in document. Yes D No~ City Auditor Office Approval: required for Code Ordinances City Attorney Approval: required for contract, code. easement, franchise, charter, Comp Plan Council Meeting Date 3/13/2019 FOUR-FIFTHS AGENDA COMMISSIONERS VOTED AGENDA AS FOLLOWS: TIME CERTAIN YEAS NAYS Start time: -- 1. Fritz 1. Fritz ./ Total amount of time needed: -- (for presentation, testimony and discussion) 2. Fish 2. Fish 3. Hardesty 3. Hardesty V 4. Eudaly 4. Eudaly REGULAR Total amount of time needed: 10 minutes Wheeler Wheeler (for presentation, testimony and discussion) 12