1 CITY OF MILWAUKEE LICENSES COMMITTEE * * * * * * * * * * * * * * * * * * * * * * * * * * In the Matter of: ICON ENTERTAINMENT GROUP Class "B" Tavern Instrumental Music and Record Spin License Marc Brown "Plush Ultra Lounge" 2772 North Martin Luther King Jr. Drive * * * * * * * * * * * * * * * * * * * * * * * * * Proceedings had and testimony given in the above-entitled matter before the LICENSES COMMITTEE CITY OF MILWAUKEE on the 20th day of September, 2010. 2 1 * * * * * 2 I N D E X 3 4 Testimony By: Page 5 Ms. Smith......................................... 4 Mr. Sanders....................................... 6 6 Mr. Freund........................................ 8 Ms. Doyle......................................... 9 7 Mr. Spear......................................... 12 8 Entered Into the Record: 9 July 7, 2010 Letter From The Historic King Drive 10 District.......................................... 15 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 TRANSCRIPT OF PROCEEDINGS 2 CHAIRMAN BOHL: This is the resumption 3 of the Common Council Licenses Committee. The 4 last item on our licenses hearing for today is the 5 matter of Marc Brown, agent for Icon Entertainment 6 Group, Class B Tavern Instrumental Music and 7 Record Spin application as agent for Plush Ultra 8 Lounge at 2722 North Martin Luther King Jr. Drive. 9 Is Marc Brown or a representative from 10 Icon Entertainment Group present? Let the record 11 reflect that no one acknowledges that. 12 Do we have neighbors that are here? Is 13 that correct? Okay. What I'm going to ask that 14 we do, would it be your preference to hear 15 testimony from neighbors for the consideration 16 cited? 17 Why don't you all raise your right hand, 18 we'll swear you in. 19 THE CLERK: Do you solemnly affirm under 20 the pains and penalties of perjury in the State of 21 Wisconsin that the testimony you're about to give 22 is the truth, the whole truth and nothing but the 23 truth? 24 ALL: Yes. 25 CHAIRMAN BOHL: Normally, we use the 4 1 standing microphone. As much as you can, take 2 seats in the front row, come on down. Otherwise, 3 those of you can wait. I do need to see or hear, 4 are there -- of those who are here, are any of you 5 in support of the licenses? All in opposition. 6 AUDIENCE MEMBER: Yes. 7 CHAIRMAN BOHL: We'll start with you. 8 We'll need your name and mailing address for the 9 record. And if you could, spell your name, if you 10 need to, for our court reporter, please. 11 MS. SMITH: My name is Nannette Smith, 12 last name is spelled S-M-I-T-H. I am the project 13 manager for the Harambee Great Neighborhood 14 Initiative. And I'm here to -- 15 CHAIRMAN BOHL: And a mailing address, 16 or a mailing address of Harambee. 17 MS. SMITH: Address is 2772 North 18 Dr. Martin Luther King Jr. Drive. 19 CHAIRMAN BOHL: And your testimony. 20 MS. SMITH: My testimony is that the 21 Harambee Great Neighborhood Initiative was 22 established to revitalize our community. And 23 revitalize is to bring more, engage our residents 24 in more activity in our community along with all 25 of the good commercial developments that are going 5 1 on. And part of the Plush or Brown brothers' 2 initiative does not exactly address that. And 3 we've asked, we had a meeting and asked them to 4 give us some alternatives besides a bar in our 5 neighborhood because we have several bars in that 6 strip. And what we want to do is bring more 7 marketable things to our neighborhood like 8 eateries or clothing or something that draws more 9 of an economic impact to our neighborhood. So 10 from the Harambee Great Neighborhood Initiative, 11 we are opposed to another bar in our neighborhood. 12 And bars that are there now have created 13 more of an obstacle than advantage. And so we're 14 just -- it doesn't add to our plans, as a matter 15 of fact, it detracts. And it brings on more of a 16 nuisance than an invitation to come to a place 17 where people can walk to work and enjoy their 18 neighborhood. 19 CHAIRMAN BOHL: Thank you. 20 Are there questions by committee? 21 Thank you for coming, and for your 22 testimony. If you could please then, if you could 23 relinquish your seat, if there was someone else 24 that wanted to take it. Were there others that 25 needed to come forward here and take one of the 6 1 seats? 2 Sir, we'll take your name first and your 3 address for the record. 4 MR. SANDERS: Crawford Sanders. I head 5 up the Martin Luther King Economic Development 6 Corp. We're at 2745 North Dr. Martin Luther King 7 Jr. Drive. 8 CHAIRMAN BOHL: And your testimony, Mr. 9 Sanders. 10 MR. SANDERS: Yes, representing Martin 11 Luther King Economic Development Corp, we have 12 been in business since 1993. And since 1998, we 13 have developed over $19 million in real estate in 14 the 2700 block of King Drive, of 2nd and 4th 15 Street. We have developed King Drive Commons One, 16 which is two doors to the north of the subject 17 property and development. We've also developed 18 King Drive Commons Two. And King Drive Commons 19 Three is under construction for completion in 20 November. We currently have 42 units of housing 21 that are near or adjacent to this development, and 22 we'll have 66 units of affordable housing, over 23 5,000 feet of commercial space when King Drive 24 Commons Three is developed. 25 Our major concern has to do with parking 7 1 and congestion. For the capacity that this 2 applicant is looking for, there simply isn't 3 enough parking spaces adjacent to the property. 4 The congestion becomes a real issue inasmuch just 5 in terms of that stretch of King Drive. 6 And the fact that we are now an 7 established mixed-use neighborhood with over 24 of 8 our units on the second levels of our commercial 9 space along King Drive, we have, we are very 10 concerned about our residents. We have gotten a 11 number of continuous complaints from our 12 neighborhood, from our residents. 13 There is an existing bar that's two 14 doors just to the south of this proposed 15 development, and we're already having problems 16 with parking with this existing development. 17 Let me also say, our resident concerns 18 that have been expressed to us, our concerns also 19 stem from the fact that this site has really 20 experienced some real problems in regards to 21 parking: the customers having to park in our 22 lots; having to park in what has been a Ponderosa, 23 or Stella's lot to the north of this development. 24 And given that capacity, the congestion, things 25 that -- a couple summers ago, it just brought King 8 1 Drive, the 2700 block, to just a halt. 2 We also found that when the two bars 3 were there, when they really stepped up 4 enforcement, they started to turn down a lot of 5 young folks from the establishment that would stay 6 in the neighborhood. So we had problems with 7 existing, with customers patronizing these 8 businesses as well as potential customers who were 9 being turned down. 10 And, once again, we put a lot of effort 11 and resources into this area. We have a fourth 12 phase of our development, a $7.8 million 13 development that we are planning now for 14 construction next year. And we simply want to 15 maintain the neighborhood and the quality of 16 housing and the friendliness among our neighbors 17 that I think we have done a lot to try and 18 establish. 19 CHAIRMAN BOHL: Thank you. 20 Questions by committee? 21 MR. FREUND: First name is Chris, last 22 name is Freund, F-R-E-U-N-D. My address is 2714 23 North King Drive. 24 Per your outline, I pretty much concur 25 with Mr. Sanders. In addition, what hasn't been 9 1 said is the capacity is 180 people with limited 2 parking spots. The parking is a central issue for 3 me. 4 CHAIRMAN BOHL: Ms. Grill, do you have 5 concurrence with the capacity? 6 MS. GRILL: The Department of 7 Neighborhood Services lists the former capacity as 8 160. 9 MR. FREUND: Correct. 10 CHAIRMAN BOHL: They sometimes may 11 change that, but require a change at times in the 12 number of stalls, or something to that effect, in 13 the restrooms or egress of an entrance at times. 14 They may be alternatable, but I -- thank you for 15 your testimony, it's still valid. 16 Were there any questions committee 17 members have of this witness? 18 Thank you for your testimony. I don't 19 know if there was someone else that wanted to 20 testify? Go ahead. 21 MS. DOYLE: Julia Doyle, my address is 22 2742 North 2nd Street, 53212. I'm here 23 representing the 1234 Block Watch Club. It 24 encompasses Central Street on the south to 25 Burleigh on the north; 1st street on the east and 10 1 4th Street on the west. And a number of residents 2 did attend either a community meeting or expressed 3 to me personally their opposition for this 4 establishment coming into 2722 Dr. Martin Luther 5 King Drive. 6 Particularly, one of our residents has a 7 personal history with the establishment. 8 Unfortunately, she is ill today and was unable to 9 come down. But as part of the Block Watch Club, 10 she just wanted it to be reiterated that it's 11 basically not -- 12 CHAIRMAN BOHL: I just want to make the 13 record clean, because they may call tomorrow and 14 say, "Oops, I didn't get adequate notice," and 15 then, in which case, we want your testimony to 16 stick. You can only provide testimony if you 17 yourself have personal knowledge or experience of 18 it. And if there is a rehearing, then she'll have 19 another opportunity at that. But I -- it's not as 20 though I don't trust you or trust her, it's just 21 that when you have a quasi-judicial hearing, it 22 must be things that you yourself know. Now, you 23 could say, "I'm a representative of that block 24 club group, and we have made a formal vote, and as 25 a representative that is entitled from that 11 1 group -- 2 MS. DOYLE: Yes. 3 CHAIRMAN BOHL: -- we are opposed to 4 it." I'd love to hear that, but as opposed to, 5 individual Joe Blow told me, let's strike that, 6 I'm going to ask that that portion be stricken 7 here from this particular hearing. 8 MS. DOYLE: As a representative of the 9 club, Block Watch Club, we voted down, voting in 10 opposition of this liquor license. 11 CHAIRMAN BOHL: You had a formal vote, 12 and the group has decided against? 13 MS. DOYLE: Yes. 14 CHAIRMAN BOHL: Very good. Thank you. 15 ALDERMAN KOVAC: Mr. Chair. 16 CHAIRMAN BOHL: Questions by committee? 17 Alderman Kovac. 18 ALDERMAN KOVAC: Was that based on 19 parking as well? 20 MS. DOYLE: It was based on the parking. 21 And, again, since I've been instructed by the 22 chair to not add additional things to it -- 23 ALDERMAN KOVAC: Do you personally have 24 concerns beyond parking? 25 MS. DOYLE: Well, my personal concern is 12 1 that I live a block away from where the 2 establishment is located, and based on 3 Mr. Sanders, when he indicated the 2000 incident 4 that we came before the committee on for the 5 previous owner, you know, we have those concerns 6 as well, especially with the overflow that we 7 anticipate. We are aware, from our position, we 8 assume that the crowd will follow from where they 9 are currently located, and they will have a 10 following, and we will have a lot of issues that 11 are going on. 12 And, also, in light of the fact that you 13 have the, you know, the no-smoking policy in 14 effect, you will also have an overflow of another, 15 a totally different overflow problem as well. So 16 that is another one of our concerns. 17 CHAIRMAN BOHL: Thank you. Thank you 18 for your testimony and brevity. 19 Questions by committee? 20 MS. DOYLE: Thank you. 21 CHAIRMAN BOHL: Sir. 22 MR. SPEAR: My name is Joe Alder Spear 23 Jr., S-P-E-A-R. I'm at 2419 North Palmer. I'm 24 also a board member of the MLK Business 25 Improvement District. 13 1 I attended today because we have a 2 contract with Plush Lounge, and I wanted to make 3 sure that today's agreement with the Licenses 4 Committee either matched our contract, or didn't, 5 so that they respond correctly. 6 And in terms of testimony, I've noticed 7 when I read through the application today that the 8 number of parking spaces is erroneous: they call 9 it, they have 20; they only have 11. I realize 10 that doesn't affect any of their requirements. 11 CHAIRMAN BOHL: You're stating in their 12 filled-out application that they stated 20, when 13 in actuality, there is 11 to your knowledge? 14 MR. SPEAR: Correct. 15 CHAIRMAN BOHL: And is there a formal 16 position that the BID has? 17 MR. SPEARS: The BID took a formal vote, 18 and as long as they maintain compliance with the 19 contract between themselves and the BID, the BID 20 is for the license. However, I'm aware of some 21 changes that have been made that don't directly 22 impact this contract, and I attended today to make 23 sure that if additional changes were made at the 24 time that the licensing board voted, that if they 25 didn't meet the contract, it was known that the 14 1 board would remove its prior vote. 2 CHAIRMAN BOHL: And they have not 3 made -- 4 MR. SPEARS: There has been no reason 5 for us to change as of yet. 6 CHAIRMAN BOHL: Thank you. 7 Questions by committee? 8 ALDERMAN KOVAC: Mr. Chair. 9 CHAIRMAN BOHL: Alderman Kovac. 10 ALDERMAN KOVAC: What are the key 11 provisions of the contract? 12 MR. SPEAR: The key provisions of the 13 contract are hours of operation, meeting the 14 statements of the age groups that they'll have 15 involved, litter clean-ups, security. I believe 16 actually that the BID has it on their web page. 17 We have a copy with us. 18 ALDERMAN KOVAC: Do we have it on file? 19 CHAIRMAN BOHL: We have a copy of a 20 letter that indicated that you desired to meet 21 with them. 22 MR. SPEAR: The contract was signed on 23 the 9th of September. 24 CHAIRMAN BOHL: I don't know that we 25 have -- I don't know that we have that in our 15 1 agenda here. I know we had one of the documents 2 from you that was asking to meet, that was with 3 your public safety committee. 4 MR. SPEAR: Correct. 5 CHAIRMAN BOHL: I think that was on 20. 6 ALDERMAN KOVAC: I guess, get that in 7 because we'll, I'm guessing, we'll end up holding 8 this with the applicant not here. 9 CHAIRMAN BOHL: I don't know whether we 10 will or won't. But you want to make a copy of 11 that letter from District 20? 12 ALDERMAN KOVAC: Yes. 13 CHAIRMAN BOHL: Motion by Alderman Kovac 14 is to recommend making a July 7, 2010, letter from 15 the Historic King Drive District part of our 16 official record in this proceeding, and hearing no 17 objections to that, so ordered. 18 Other questions committee members have 19 of this witness? 20 Ms. Grill, in terms of notice, you had 21 sent notice to the applicant at the address 22 provided for the application? 23 MS. GRILL: Correct. We sent it to the 24 home address, that is where they requested it. 25 CHAIRMAN BOHL: Then the only other 16 1 thing is, you have not received any response back 2 from the Postal Service indicating that it was an 3 incorrect address or was returned? 4 MS. GRILL: No, we have not. 5 CHAIRMAN BOHL: This is in the 6th 6 Aldermanic District. I just want to hear from 7 Alderwoman Coggs, were there any particular 8 issues? 9 ALDERWOMAN COGGS: We have received a 10 few postcards from residents who were in 11 objection. I had an opportunity to attend the 12 neighborhood meeting that was called where the 13 majority of the neighbors present were against it. 14 I think there was one person in support; five or 15 six people against. 16 When the BID's meeting was with Brown 17 Brothers as well, I've met with them as well. 18 I was prepared to move denial based on 19 nonappearance. In the midst of this conference 20 here, I received a call from my office, and it was 21 the Brown brothers. They had contacted my office 22 in attempting contact with the Licensing Division 23 saying they didn't get notice of today's meeting. 24 Under ordinary circumstances, I would still move 25 forward with that motion, except this is a special 17 1 meeting. And this particular meeting was added to 2 the special meeting later than the other items. 3 So in all fairness, I cannot take 4 responsibility for it, or the Licensing Department 5 for it, because I had added it because I thought 6 it might be a little longer now. Rather, we did 7 it on a special day instead of doing it on a 8 regular licensing day. But the truthfulness of 9 whether they got it or not, I don't know, but it 10 is a possibility because of the late notice that 11 they didn't get it. So in all fairness, I would 12 be moving this particular item be held. 13 CHAIRMAN BOHL: And I'll just make this 14 special request from the chair, that we have a 15 copy of the transcript, that it be provided. And 16 the next time this is scheduled, the individuals 17 who have waited here today would not need to come 18 forward and provide additional testimony, that it 19 would be already under consideration here, 20 factored in by the committee at the next 21 subsequent hearing. 22 And, you know, you're certainly welcome 23 if there is something that is new and substantive, 24 if there is something else that you learned in the 25 interim time. Let's say they're operating, 18 1 they're supposed to be closed, and you go there 2 tonight and you hear loud music, and you walk over 3 and look in the window and they are serving 4 drinks, and they are open illegally, if you want 5 to come forward, that would be new and 6 substantive; something new. 7 If you've reached a deal through the 8 King Drive BID, something has or hasn't been 9 worked out that you represented here, information 10 that is new and has not been testified to, we'll 11 certainly take that, okay. 12 MR. FREUND: Just so I understand, at 13 the subsequent meeting, it's going to be as if we 14 were here? 15 CHAIRMAN BOHL: What we will do is, we 16 have a court reporter, we will order the 17 transcript. The transcript is going to be a part 18 of the record, and it will be a continuation of 19 the hearing to involve your testimony here. So 20 that is correct, your testimony will be factored 21 in. I just don't want you to think unless you 22 have something new and substantive, that you have 23 to sit around and wait as long as you have here 24 today, and now we've got to go through the whole 25 thing again and have to testify. No, you will not 19 1 have to retestify; you will already be part of the 2 hearing. 3 ALDERMAN KOVAC: It's not a restart; 4 it's a continuation. 5 CHAIRMAN BOHL: One other thing, 6 afterwards, I'll stick around, and we'll get off 7 the record, and I'll be happy to chat with you. 8 On the record, go ahead, last question. 9 MR. FREUND: Yeah, I mean, will our 10 testimony, will they have privy to our testimony 11 to prepare for a response at the other hearing? 12 CHAIRMAN BOHL: I don't know if they -- 13 they could actually be tuning in right now 14 watching you, so, yes, in that regard, if that's 15 the case. But the flip side is this, they are not 16 present here, they don't have the ability to cross 17 examine you. Whereas, if they were here, they 18 would be able to. You made the testimony, they 19 would be able to turn and say, "My question 20 relating to your testimony is this, could you 21 answer that?" They won't be able to do that if 22 you're not here, but your testimony will still 23 stand. 24 I don't make things perfect, I just try 25 to respond as legally in compliance with the 20 1 statutes and the ordinances and provide as much as 2 we can here a fair hearing to all parties, okay. 3 Any other questions by committee of 4 these witnesses? 5 Alderwoman Coggs, were you going to make 6 a motion to hold this matter at the call of the 7 chair? 8 ALDERWOMAN COGGS: Yes. 9 CHAIRMAN BOHL: Motion by Alderwoman 10 Coggs is to hold this matter at the call of the 11 chair, and are there any objections to that 12 motion? Hearing none, so ordered. 13 All right, do we have any additional -- 14 I'm looking at the mess here. All right, thank 15 you all. Thank you for your patience here. 16 17 18 19 20 21 22 23 24 25 21 1 STATE OF WISCONSIN ) ) SS: 2 COUNTY OF WALWORTH ) 3 4 5 I, KAREN RENEE, Court Reporter and 6 Notary Public in and for the State of Wisconsin, do 7 hereby certify that the above hearing was recorded by 8 me on September 20, 2010, and reduced to writing under 9 my personal direction. 10 I further certify that I am not a 11 relative or employee or attorney or counsel of any of 12 the parties, or a relative or employee of such attorney 13 or counsel, or financially interested directly or 14 indirectly in this action. 15 In witness whereof I have hereunder set 16 my hand and affixed my seal of office at Burlington, 17 Wisconsin, this 21st day of September, 2010. 18 19 ___________________________ 20 Karen Renee Court Reporter and Notary Public 21 In and for the State of Wisconsin 22 23 My Commission Expires: March 11, 2012. 24 25