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PH&S Committee - City of Wausau

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PUBLIC HEALTH & SAFETY COMMITTEE<br />

Date and Time: Monday, February 15, 2010 at 5:15 pm (Birch Room)<br />

Members Present: Hadley, Miller, Rasmussen, Forrest, Abitz<br />

Others Present: Hilts, Buchberger, Michaels, Jacobson, Marquardt, Sydow, Goede, Kevin Steinke-Campus Pub, Attorney<br />

Ryan Lister, Private Detective Sheryl Lister, Jason Jensen-Walgreen’s, Mike Zamzow-Bull Falls Brewery, Tonia Dziak-Bull<br />

Falls Brewery, Matt Lehman-Media<br />

In accordance with Chapter 19, Wisc. Statutes, notice <strong>of</strong> this meeting was posted and sent to the Daily Herald in the proper<br />

manner. It was noted that there was a quorum present and the meeting was called to order by Chairperson Hadley.<br />

Minutes <strong>of</strong> the Prior Meeting(s) (01/18/10)<br />

Motion by Miller, second by Rasmussen to approve the minutes <strong>of</strong> the previous meetings. (01/18/2010). Motion carried 3-0.<br />

Report on Neighborhood Meeting in reference to I.C. Willy’s<br />

Hilts stated residents at the meeting reported they have seen improvements and were happy that things seemed to be getting<br />

better. He indicated the Police Department’s plan is to continue monitoring the situation and Hardel suggested holding another<br />

meeting this spring open to the neighbors and management <strong>of</strong> I. C. Willy’s.<br />

Attorney Ryan Lister provided a list <strong>of</strong> the 16 actions that I.C. Willy’s has taken to address neighbor concerns:<br />

1. Changed placement <strong>of</strong> speakers: Before reopening, the location <strong>of</strong> the bass speakers was changed. The speakers<br />

were moved to the opposite side <strong>of</strong> the dance floor. As a result, the reverberations from the speakers are contained<br />

with the building.<br />

2. Check <strong>of</strong> parking lot at closing: Employees <strong>of</strong> I.C. Willy’s are instructed to check the parking lot to make sure all<br />

patrons have left the grounds within ten (10) minutes <strong>of</strong> closing. In addition, seven cameras have been installed on<br />

the outside <strong>of</strong> the building.<br />

3. DJ’s: All DJ’s have been ordered to limit the decibels inside the building. A decibel meter has been provided to the<br />

DJ’s for this purpose.<br />

4. Trash: the checker/Security at the door is instructed to allow no carry-ins or carry-outs. This will discourage<br />

individuals from bringing items to the building and will prevent items from leaving the building.<br />

5. Walk through <strong>of</strong> parking lot: At closing, employees are instructed to walk the entire parking lot area and police the<br />

area for trash.<br />

6. Security personnel: Two security personnel are on the premises at a minimum on the weekends. On weekdays,<br />

security is provided by the owner, DJ’s and bartenders.<br />

7. Inside Security: Seventeen cameras have been installed inside I.C. Willy’s for security.<br />

8. Monitory parking lot: Security personnel walk the parking lot and fence area at least every half hour.<br />

9. Employees: All employees are instructed not to consume any alcoholic beverages while on duty.<br />

10. Owners present: The owners <strong>of</strong> the property are on the premises at all hours the establishment is open. On the rare<br />

occurrence that the owner must attend a business function, a manager is always present.<br />

11. Limit patrons: Security personnel are instructed not to allow any individuals wearing gang symbols or insignia or<br />

inappropriate clothing to enter the bar.<br />

12. Over consumption: Bartenders/Security are instructed to cut <strong>of</strong>f any person suspected <strong>of</strong> over consumption.<br />

13. Tavern League: Mr. and Mrs. Nowell have joined the Tavern League. One <strong>of</strong> the benefits is that they now participate<br />

in the Safe Ride Home program and also have provided privately, funds for individuals to have an alternative ride<br />

home.<br />

14. Private Detective: Mr. and Mrs. Nowell have retained a licensed private Detective to randomly do decibel checks in<br />

the areas <strong>of</strong> I.C. Willy’s. Said Detective has also talked to several <strong>of</strong> the neighbors to learn their concerns.<br />

15. Limits on Music: At this time, I.C. Willy’s has voluntarily limited music to four nights per week. Music is played<br />

Wednesday through Saturday.<br />

16. Monthly Meeting: On the first Monday <strong>of</strong> each month, at 6:00 p.m., Mr. Nowell will be present to address any<br />

concerns from neighbors. Neighbors are encouraged to attend the monthly meeting to meet and talk with the owners<br />

and see how the bar is being operated. The first monthly meeting will be held on Monday, March 1, 2010.<br />

Attorney Lister commented he felt # 16 was the most important because it would give the neighbors a regular opportunity to<br />

discuss their concerns with the owners.<br />

Consider request to Amend Premise Description for outdoor beer garden – Campus Pub, 1110 W Campus Drive<br />

Kevin Steinke, owner <strong>of</strong> Campus Pub, presented drawings <strong>of</strong> the proposed outdoor tiki beer garden. He indicated they are<br />

purchasing the entire building and will be taking down the wall between the bar and Philly’s Subs and everything will be<br />

Public Health & Safety <strong>Committee</strong> 02/15/2010 Page 1 <strong>of</strong> 3


flowing to the outdoor beer garden. He stated they won’t be having music outdoors, other than some small Bose speakers for<br />

outdoor patio music.<br />

Buchberger stated the only concern the Fire Department has is that they meet the life safety requirements, which is to have<br />

gates in the fence at specific intervals. Steinke indicated he had met with Dave DeSantis, <strong>of</strong> the Fire Department, regarding the<br />

specifications.<br />

Michaels stated Campus Pub is also requesting a Tavern Entertainment License, however, due to the I-B zoning,<br />

band/musicians/entertainers are not allowed. She questioned if he intended to have volleyball courts. Steinke stated they were<br />

planning on one volleyball court, as well as a bean bag toss tournament area and horseshoe pit. Roger Sydow indicated this<br />

would be permitted. Steinke stated they were not a band type <strong>of</strong> bar anyway and the only other entertainment they may<br />

consider in the future would be a one person acoustical guitar. He stated they would also like to serve sandwiches outdoors,<br />

hoping to draw in an older crowd who may be now staying away because the name implies it is a college bar. (Abitz entered<br />

the meeting.) He commented he is going for a casual relaxed setting and a friendly community place. Rasmussen commented<br />

the Campus Pub is in her district and she has never received any complaint calls regarding it. Hadley questioned if there will<br />

be cameras. Steinke stated they currently have eight video cameras indoors and an outdoor night camera and may install more.<br />

He indicated there would be additional bartenders hired with the expansion and a bouncer at the door.<br />

Hilts stated Hardel’s only concern was noise issues and although we have not had complaints specifically about Campus Pub,<br />

we do occasionally receive complaints from the apartment buildings regarding noise in the parking lots. Hadley suggested that<br />

Steinke hold a neighborhood meeting to let the neighbors know <strong>of</strong> his plans.<br />

Michaels clarified that this committee has the focus to amend the premise as far as serving alcohol outdoors, but he would still<br />

need to work with building and fire departments for construction issues. Approval here would expand the premise to include<br />

alcohol in that area once it is built<br />

Motion by Rasmussen, second by Miller to approve the Amended Premise Description to include an outdoor beer garden at<br />

Campus Pub. Motion carried 4-0.<br />

Request <strong>of</strong> the <strong>Wausau</strong> Area Jaycees for alcohol in the Marathon Park Grandstands during the 65 th Annual 4 th <strong>of</strong> July<br />

Celebration, July 1 – 4, 2010<br />

(Forrest entered the meeting.) Hadley questioned if there were any concerns from the Police Department regarding the past 4 th<br />

<strong>of</strong> July celebrations. Hilts stated if the Jaycees do it the same way it was done last year, such as wristbands and private<br />

security, then they did not have a problem with it. Michaels indicated she would pull the minutes from last year and make<br />

sure they understood what they needed to do.<br />

Motion by Abitz, second by Rasmussen to approve the request for alcohol in the Grandstands during the 4 th <strong>of</strong> July celebration.<br />

Motion carried 5-0<br />

Railroad quiet zone non-compliance (Marquardt)<br />

Brad Marquardt explained the Railroad informed us in December that two <strong>of</strong> our crossings at 24 th and 28 th Avenues, both on<br />

the west side, no longer met the quiet zone index because <strong>of</strong> accidents in the last five years. If the city wants to keep these<br />

quiet zones, we need to put in writing a plan for compliance within the next six months <strong>of</strong> receipt <strong>of</strong> this letter, and after that<br />

we have three years to implement it. He indicated if they wanted to keep these as quiet zones he could research what it would<br />

take to lower the risk index, such as installing gates, because to keep them we will have to do additional safety measures.<br />

Other ideas would be to close crossings during the quiet zone; put up cameras for law enforcement, look at vision triangle,<br />

which may require tearing down houses. He noted the crossing that goes out to the Industrial Park and crosses 28 th Avenue<br />

was upgraded last year as part <strong>of</strong> the DOT Project. Anne Jacobson commented they need to weigh whether the cost <strong>of</strong> peace<br />

is worth it. She explained a quiet zone is an area and/or time period where the trains cannot blow their horns. Marquardt<br />

questioned if they wanted him to proceed, then he would do some digging and bring a report back in two months with options.<br />

The consensus was for him to proceed and report back.<br />

Tavern Activities / Compliance Checks / Law Enforcement Activities<br />

Hilts presented the Tavern Report for January 10 thru February 2, 2010:<br />

ROUTINE TAVERN INSPECTIONS (No violations unless noted)<br />

The Bar, 1025 S 3 rd Ave; Bob & Randy’s Bar, 1515 N 6 th S; Break Away Nite Club, 1915 N 6 th St; Buffalo Wild<br />

Wings Bar & Grill, 1819 Stewart Ave; Bull Falls Brewery, 901 E Thomas St; Campus Pub, 1110 W Campus Dr; The<br />

Public Health & Safety <strong>Committee</strong> 02/15/2010 Page 2 <strong>of</strong> 3


Chatterbox Bar, 102 S 2 nd Ave; Glass Hat, 1203 N 3 rd Ave; I C Willy’s, 110 E. Kent St, (Was Closed due to Suspension <strong>of</strong><br />

License); Kruse In, 1724 Merrill Ave; Labor Temple, 318 S 3 rd Ave; Red Eye Brewing Company, 612 Washington St;<br />

Showtime Gentlemen’s Club, 1709 Merrill Ave; Tremor’s Sports Bar, 516 W Thomas St.<br />

CONVENIENCE, GROCERY STORE & SPECIAL EST. INSPECTIONS (No violations unless noted)<br />

None this Month<br />

RESTAURANT INSPECTIONS (No violations unless noted)<br />

None this Month<br />

NOTABLE INCIDENTS THAT OCCURRED AT TAVERNS THAT POLICE WERE DISPATCHED TO<br />

Break Away Nite Club, 1915 N 6 th St., 1/23/10, 12:57 A.M. The department received a report <strong>of</strong> a fight at the<br />

tavern from an anonymous person. A male victim reported that he was “jumped” by 5 males who had left the area. The victim<br />

had a small amount <strong>of</strong> blood on his jacket and a dirt boot print on his white T-shirt, but no visible injuries. The suspect’s<br />

identities were unknown. Victim did not want the assistance <strong>of</strong> the police.<br />

Break Away Nite Club, 1915 N 6 th St., 1/28/10, 1:42 A.M. An employee contacted the police to report three females<br />

that were causing problems. They reportedly were verbally abusive to staff and refusing to leave when asked. They left prior<br />

to police arrival.<br />

Break Away Nite Club, 1915 N 6 th St., 1/30/10, 2:25 A.M. An <strong>of</strong>ficer was driving past the tavern and observed a<br />

female push a male in the parking lot. The male was intoxicated and boisterous. The <strong>of</strong>ficer found out that someone had taken<br />

the female’s coat by mistake and she was waiting for the person to return with it. The male was cursing and causing the<br />

situation to escalate. The male finally left with a sober friend and the female retrieved her coat.<br />

Break Away Nite Club, 1915 N 6 th St., 01/31/10,t 1:56 A.M. Officers responded per manager’s request for a report<br />

<strong>of</strong> a male who attacked the bouncers and is refusing to leave. The male left prior to <strong>of</strong>ficer arrival and was not located; he left<br />

his cell phone on the floor <strong>of</strong> the bar when he left. Unknown male should be arrested for two counts <strong>of</strong> Disorderly Conduct,<br />

when identified and located.<br />

Glass Hat, 1203 N 3 rd St., 01-10-2010, 2:30 A.M. Officers were dispatched to the Glass Hat Bar, for a report <strong>of</strong> a<br />

fight. According to the female victim, a male allegedly bit her in the face and then struck her male friend in the back. As a<br />

result <strong>of</strong> the investigation, the male assailant was arrested for Battery and Disorderly Conduct and was transported to the<br />

Marathon County Jail.<br />

The Hideout, 235 Chellis St., 01-22-10, 6:40 P.M. Two males got into a scuffle due to jealousy over a female. A<br />

citation was issued for disorderly conduct.<br />

Loppnow’s Bar, 1502 N 3 rd St., 01-10-10, 10:00 P.M. An anonymous person reported that an underage female was<br />

in the tavern drinking. Officers responded and found a 20 year old female, as described, in the tavern. Approximately 10<br />

people were in the tavern at the time. The female had drunk from a pitcher <strong>of</strong> beer that was away from the bar, the bartender<br />

didn’t serve her. The bartender, Rhiannon Hostrawser, had not IDed the underage female. Hostrawser was issued a citation<br />

for Allowing Underage Person on Premise. The underage female was issued a citation for Consuming Alcoholic Beverage<br />

while Underage.<br />

Sidetracked Bar, 818 S 3 rd Ave, 01-18-10, 2:06 A.M. The bartender called and reported that a female, who was<br />

banned from the premise, tried to attack her across the bar top. The female left the tavern prior to <strong>of</strong>ficer arrival.<br />

Various License Applications<br />

Michaels stated Jason Jensen, representing Walgreen’s Company, is present regarding their application for a Class A Beer &<br />

Liquor License for the store at 105 Central Bridge Street. Jensen indicated Walgreens would like to sell beer and wine in their<br />

stores because it something their customers are requesting. He stated they have pledged to meet these needs as a company<br />

safely and responsibly in compliance with local regulations. Walgreens takes the responsibility <strong>of</strong> selling alcoholic beverages<br />

very seriously and manage beer and wine sales with the same concerns for safety as our exceptionally strong history <strong>of</strong><br />

distributing highly regulated products like prescription medications. Our detailed sales policies and procedures, including<br />

minimum purchase age, hours <strong>of</strong> sale, loss prevention, and securing stock after sale hours where required are strictly enforced<br />

with zero tolerance for noncompliance. Service clerks are required to request identification for any customer purchasing<br />

alcohol who appears younger than 40 years. The cash registers are already programmed to remind the service clerks to verify<br />

age whenever cigarettes and alcoholic beverages are sold. He indicated they provide extensive training, a three hour computer<br />

course, per employee and each <strong>of</strong> them must review and sign the liquor sales policy every single day before starting their shift.<br />

He stated they are not opening a full liquor store in the store as they have in the past, rather it will be moderately priced beer<br />

and wine. They will sell only full size containers, as in grocery stores, and will not sell single servings, miniatures, or pints<br />

and this new limited selection <strong>of</strong> alcoholic beverages with comprise less than 2% <strong>of</strong> our total shelf space. Hadley questioned<br />

where the alcohol will be located in the store. Jensen stated it would be on the opposite side <strong>of</strong> the building from the entrance<br />

and there won’t be any displays set up. Hilts stated the Police Department did not have any objections to the license.<br />

Public Health & Safety <strong>Committee</strong> 02/15/2010 Page 3 <strong>of</strong> 3


Michaels stated there was one recommendation for denial <strong>of</strong> an Operator’s License for Amber Starr, due to two OWI’s within<br />

the last five years, however she was not present.<br />

Mike Zamzow indicated Bull Falls Brewery is planning a BockFest for March 13, 2010, at the brewery and the new beer<br />

garden. He stated they have teamed up with a group <strong>of</strong> runners for an Honor Run, part <strong>of</strong> a national organization which sends<br />

veterans to their memorials in Washington DC. He noted the ones that go are the most senior veterans, such as soldiers that<br />

fought in World War II. He indicated he was working with Jim Campbell, head <strong>of</strong> the local chapter, and it will consist <strong>of</strong> a 5k<br />

run, or 3.1 miles, on a route along the side <strong>of</strong> east hill from not quite as far as Chicago Avenue down a block and then back to<br />

the brewery. Hadley questioned if this was one or two separate events. Zamzow explained the Bock Fest is on the same day<br />

but not part <strong>of</strong> the Special Event application. There will be registration for the run at 11:00 am, with the run beginning at<br />

12:00 noon and concluding at 1:00 pm., and is primarily a fundraiser for the Honor Flight. Hadley was concerned there may<br />

be some parking issues with the Bock Fest going on and wondered if it shouldn’t be part <strong>of</strong> the special event application.<br />

Michaels pointed out the Bock Fest was taking place on the licensed premise. Zamzow indicated they will be parking on the<br />

streets. Hadley indicated last time they wanted one side <strong>of</strong> Thomas Street coned <strong>of</strong>f because <strong>of</strong> complaints <strong>of</strong> neighbors being<br />

unable to get out <strong>of</strong> their driveways. Buchberger noted another concern with parking on both sides <strong>of</strong> the street is that it makes<br />

fire access impossible, because <strong>of</strong> the snow buildup also cutting down the size <strong>of</strong> the street. Hilts suggested contacting DPW<br />

to put temporary no parking signs out on one side <strong>of</strong> Thomas Street. Zamzow indicated he was unaware <strong>of</strong> the parking<br />

complaints but was happy to comply and willing to work with the WPD to address it. Buchberger stated when there are snow<br />

banks in the streets there is a problem with access for fire trucks. Abitz suggested having DPW go through and cut down the<br />

snow banks prior to the event. Michaels suggested asking nearby businesses if they were willing to open their parking lots for<br />

use to get cars <strong>of</strong>f the street.<br />

Michaels stated <strong>Wausau</strong> Area Events has submitted all their special event applications for the year, however it should be noted<br />

that some <strong>of</strong> their events have fallen in the 400 block construction schedule, so we’re not sure about Fall Exhibitour and<br />

Harvest Fest. She indicated they are planning to close the block sometime right after the Arts Festival until the following June.<br />

The <strong>Wausau</strong> Elks State Soccer Shootout on October 2 nd may need to be relocated as well.<br />

Motion by Rasmussen, second by Forrest to approve or deny the licenses as recommended, with the exception <strong>of</strong> the Special<br />

Event Application for Bull Falls Honor Flight Run. Motion carried 5-0.<br />

Motion by Rasmussen, second by Forrest to approve the Bull Falls Honor Flight Run subject to review by DPW regarding<br />

parking issues. Motion carried 5-0.<br />

Communications<br />

Hadley reminded the committee there is a special joint meeting with the Parking & Traffic <strong>Committee</strong> on Tuesday, February<br />

23, 2010, at 6:00 pm., regarding the MPO Bike/Ped Plan.<br />

Adjournment<br />

Motion by Miller, second by Forrest to adjourn the meeting. Motion carried unanimously. Meeting adjourned at 6:12 pm.<br />

Respectfully Submitted:<br />

Deb Hadley, Chair<br />

Public Health & Safety <strong>Committee</strong> 02/15/2010 Page 4 <strong>of</strong> 3

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