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License and Health Committee (INACTIVE)

Regular Meeting

West Allis, WI · February 17, 2015

AgendaMinutes

Minutes

City of West Allis 7525 W. Greenfield Ave. West Allis, WI 53214 Meeting Minutes License & Health Committee Alderperson Michael J. Czaplewski, Chair Alderperson Daniel J. Roadt, Vice-Chair Alderpersons: Gary T. Barczak, Kevin Haass, Martin J. Weigel Tuesday, February 17, 2015 6:00 PM City Hall Room 128 SPECIAL MEETING A. CALL TO ORDER The meeting was called to order by Chair Czaplewski at 6:00 p.m. B. ROLL CALL Present 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel Others present: Jim O'Sullivan, Michael L. Erickson, Jr., Melissa M. Martin, Sally Nusslock, Health Commissioner, Daniel Koralewski, Health Department, Lt. Jessica Johnson, West Allis Police Dept., Jenna Merten, Assistant City Attorney and Ann Marie Neff, Secretary to the Committee. C. APPROVAL OF MINUTES 2015-0095 Minutes (Draft) of the License & Health regular meeting of January 27, 2015 and recess meeting of February 3, 2015. Attachments: 012715 LH Minutes - Draft 020315 LH recess Minutes - Draft A motion was made by Ald. Roadt, seconded by Ald. Weigel, that this matter be Approved. The motion carried unanimously. D. Public Hearing Items 2015-0046 Request from Joseph Kempen, President, Motor Castings Company located at 1323 S. 65 St. for a three year extension of the Noise Variance. Attachments: Motor Castings Communication Comm. Motor Castings Hearing 2/17/15 Appearance by Jim O'Sullivan, CEO of Motor Castings Company, representing Joseph Kempen. Discussion ensued regarding the last noise variance request. Attorney Merten asked Mr. O'Sullivan if he wished to make a statement to the Committee regarding the request. City of West Allis Page 1 Printed on 3/5/2015 License & Health Committee Meeting Minutes February 17, 2015 Mr. O'Sullivan stated the cost for a noise barrier to block the sound of the pulsars was very expensive and there is not proof that would alleviate the problem. He said Motor Castings is still shutting the pulsars off at night, per the previous agreement. Mr. O'Sullivan did not have any witnesses to address the Committee. There were no objections from the audience. One (1) communication was received signed by Mr. & Ms. Skinner and Ms. Sura, regarding other noises from trucks and metal being moved about in the yard area. Sally Nusslock, Heath Commissioner, stated the Health Department had received no complaints and were still doing random checks of the noise and vibration levels. Ms. Nusslock said she would contact Mr. & Ms. Skinner and Ms. Sura regarding their communication. Ald. Weigel asked Mr. O'Sullivan if they were still looking for other options. Mr. O'Sullivan replied they would continue investigating solutions as new technology becomes available. Attorney Merten stated this was the close of testimony and the Committee could deliberate on the testimony given. The Committee agreed they did not need to deliberate and would approve the request for the extension of the noise variance. Attorney Merten stated the Attorney's Office would prepare the Findings and Recommendations. A motion was made by Ald. Weigel, seconded by Ald. Haass, that this matter was Recommended for Approval and to issue the findings and recommendations. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 E. NEW AND PREVIOUS MATTERS 45. 2015-0044 2014-2015 Operator’s License (bartender/sales clerk) application no. 15-556 for Ian J. Laurich. Second nonappearance of Ian J. Laurich. Mr. Laurich did not contact the Clerk's Office. The Committee recommended denial based on two (2) nonappearances. A motion was made by Ald. Barczak, seconded by Ald. Haass, that this matter was Recommended for Denial based on two (2) nonappearances. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 City of West Allis Page 2 Printed on 3/5/2015 License & Health Committee Meeting Minutes February 17, 2015 46. 2015-0042 2014-2015 Operator’s License (bartender/sales clerk) application no. 15-557 for Caleb S. Fox. Second nonappearance of Caleb S. Fox. Mr. Fox did not contact the Clerk's Office. Recommended denial based on two (2) nonappearances. A motion was made by Ald. Haass, seconded by Ald. Weigel, that this matter was Recommended for Denial based on two (2) nonappearances. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 47. 2015-0068 2014-2015 Operator’s License (bartender/sales clerk) application no. 15-562 for Alyssa C. Kopecky. Nonappearance of Alyssa C. Kopecky. Ms. Kopecky did not contact the Clerk's Office. The Committee requested she be ordered to appear at the next scheduled License & Health meeting. This matter was Held. 48. 2015-0092 2014-2015 Operator’s License (bartender/sales clerk) application no. 15-565 for Michael L. Erickson, Jr. Appearance by Michael L. Erickson, Jr. Discussion ensued regarding Mr. Erickson's police report. A motion was made by Ald. Barczak, seconded by Ald. Weigel, that this matter was Recommended for Denial based on the police report. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 49. 2015-0096 Department of Revenue Field Report from January 23, 2015 regarding 3M Management, LLC, (2014-2015 Class B Tavern License no. 1931, Dance Hall License no. 2063 and Instrumental Music License no. 2064, Melissa M. Martin, Agent, d/b/a M&M’s Sports Bar, 1900 S. 60 St.). Attachments: DOR Field Report 3M Mngmnt 1-23-15 DOR 3M Mngmnt photograph 1-23-15 DOR 3M Mngmnt photographs 1-23-15 DOR Property Receipts 3M Mngmnt 1-23-15 Appearance by Melissa M. Martin. Discussion ensued regarding the Department of Revenue Field Report and the violations. A motion was made by Ald. Barczak, seconded by Ald. Weigel, that this matter was Referred for Summons and Complaint to the License & Health Committee. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 City of West Allis Page 3 Printed on 3/5/2015 License & Health Committee Meeting Minutes February 17, 2015 50. 2015-0106 Police Department Report involving M & M's Sports Bar, 1900 S. 60 St. (2014-2015 Class B Tavern License no. 1931, Dance Hall License no. 2063, and Instrumental Music License no. 2064) of 3M Management, LLC, Melissa M. Martin, Agent, Incident Date: January 23, 2015). See legislative file no. 2015-0096. This matter was Held. 51. 2015-0071 Request from Melissa Martin, to amend the Plan of Operation for M&M’s Sports Bar, to allow a Tavern Entertainment License and a DJ and karaoke for the current Instrumental Music License. Appearance by Melissa M. Martin. This matter was Held. F. ADJOURNMENT A motion was made by Ald. Weigel, seconded by Ald. Haass, to adjourn at 6:25 p.m. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Barczak, Ald. Haass, and Ald. Weigel No: 0 Respectfully submitted, Ann Marie Neff Secretary to the Committee City of West Allis Page 4 Printed on 3/5/2015

Agenda

7525 W. Greenfield Ave. City of West Allis West Allis, WI 53214 Meeting Agenda License & Health Committee Alderperson Michael J. Czaplewski, Chair Alderperson Daniel J. Roadt, Vice-Chair Alderpersons: Gary T. Barczak, Kevin Haass, Martin J. Weigel Tuesday, February 17, 2015 6:00 PM City Hall Room 128 SPECIAL MEETING A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF MINUTES 2015-0095 Minutes (Draft) of the License & Health regular meeting of January 27, 2015 and recess meeting of February 3, 2015. Attachments: 012715 LH Minutes - Draft 020315 LH recess Minutes - Draft D. Public Hearing Items 2015-0046 Request from Joseph Kempen, President, Motor Castings Company located at 1323 S. 65 St. for a three year extension of the Noise Variance. Attachments: Motor Castings Communication E. NEW AND PREVIOUS MATTERS 45. 2015-0044 2014-2015 Operator’s License (bartender/sales clerk) application no. 15-556 for Ian J. Laurich. 46. 2015-0042 2014-2015 Operator’s License (bartender/sales clerk) application no. 15-557 for Caleb S. Fox. 47. 2015-0068 2014-2015 Operator’s License (bartender/sales clerk) application no. 15-562 for Alyssa C. Kopecky. 48. 2015-0092 2014-2015 Operator’s License (bartender/sales clerk) application no. 15-565 for Michael L. Erickson, Jr. City of West Allis Page 1 Printed on 2/12/2015 License & Health Committee Meeting Agenda February 17, 2015 49. 2015-0096 Department of Revenue Field Report from January 23, 2015 regarding 3M Management, LLC, (2014-2015 Class B Tavern License no. 1931, Dance Hall License no. 2063 and Instrumental Music License no. 2064, Melissa M. Martin, Agent, d/b/a M&M’s Sports Bar, 1900 S. 60 St.). Attachments: DOR Field Report 3M Mngmnt 1-23-15 DOR Property Receipts 3M Mngmnt 1-23-15 DOR 3M Mngmnt photographs 1-23-15 DOR 3M Mngmnt photograph 1-23-15 50. 2015-0106 Police Department Report involving M & M's Sports Bar, 1900 S. 60 St. (2014-2015 Class B Tavern License no. 1931, Dance Hall License no. 2063, and Instrumental Music License no. 2064) of 3M Management, LLC, Melissa M. Martin, Agent, Incident Date: January 23, 2015). 51. 2015-0071 Request from Melissa Martin, to amend the Plan of Operation for M&M’s Sports Bar, to allow a Tavern Entertainment License and a DJ and karaoke for the current Instrumental Music License. F. ADJOURNMENT All meetings of the License & Health Committee are public meetings. In order for the general public to make comments at the committee meetings, the individual(s) must be scheduled (as an appearance) with the chair of the committee or the appropriate staff contact; otherwise, the meeting of the committee is a working session for the committee itself, and discussion by those in attendance is limited to committee members, the mayor, other alderpersons, staff and others that may be a party to the matter being discussed. NON-DISCRIMINATION STATEMENT The City of West Allis does not discriminate against individuals on the basis of race, color, religion, age, marital or veterans' status, sex, national origin, disability or any other legally protected status in the admission or access to, or treatment or employment in, its services, programs or activities. AMERICANS WITH DISABILITIES ACT NOTICE Upon reasonable notice the City will furnish appropriate auxiliary aids and services when necessary to afford individuals with disabilities an equal opportunity to participate in and to enjoy the benefits of a service, program or activity provided by the City. LIMITED ENGLISH PROFICIENCY STATEMENT It is the policy of the City of West Allis to provide language access services to populations of persons with Limited English Proficiency (LEP) who are eligible to be served or likely to be directly affected by our programs. Such services will be focused on providing meaningful access to our programs, services and/or benefits. City of West Allis Page 2 Printed on 2/12/2015

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