1 COMMON COUNCIL CITY OF MILWAUKEE * * * * * * * * * * * * * * * * * * * * * * * * * * FILE NUMBER 091385 APRIL 13, 2010 * * * * * * * * * * * * * * * * * * * * * * * * * Proceedings had and testimony given in the above-entitled matter before the COMMON COUNCIL CITY OF MILWAUKEE on the 13th day of April, 2010. 2 1 * * * * * 2 I N D E X 3 Page 4 Mr. Spencer....................................... 7 5 Attorney Schrimpf................................. 8 6 Exhibit Identified: (None) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 TRANSCRIPT OF PROCEEDINGS 2 PRESIDENT HINES: For the next several 3 items, we will use the services of the court 4 reporter. Let the record reflect that the court 5 reporter has been sworn in. 6 Will the City Clerk please identify the 7 next items before the Council? 8 CITY CLERK: Item No. 4: The Licenses 9 Committee recommends approval of File No. 091385, 10 motion to approve the recommendations of the 11 Licenses Committee relative to licenses. Included 12 in the file are the following recommendations: 13 Renewal with a ten-day suspension based 14 on Item No. 2 on the police report and on the 15 testimony of the corporate agent of the Extended 16 Hours Establishment License of Jerry J. Spencer, 17 agent for B&V of Milwaukee, for the premises at 18 3425 West Silver Spring Drive known as Kwik Shop, 19 Kwik Stop in the 1st Aldermanic District. Written 20 objections have been filed. 21 Renewal with a 20-day suspension based 22 on a police report and neighborhood testimony of 23 the Extended Hours Establishment License of 24 Mandeep Dhawan, agent for Youvraj Group, LLP, for 25 the premises at 714 North 27th Street known as 4 1 Youvraj Group in the 4th Aldermanic District. 2 Written objections have been filed. 3 Nonrenewal based on a police report and 4 neighborhood objections of the Extended Hours 5 Establishment License of Amarjit J. Sandhar, agent 6 for Sandhar Corporation, for the premises at 2173 7 North 35th Street known as Marathon No. 5 in the 8 15th Aldermanic District. No written objections 9 have been filed. 10 Nonrenewal based on nonappearance of the 11 Class D Bartender License of Jala L. Trailer. No 12 written objections have been filed. 13 And nonrenewal based on nonappearance of 14 the Class D Bartender License of Angela J. Meyers. 15 No written objections have been filed. 16 PRESIDENT HINES: Have the members of 17 the Common Council read the report and the 18 recommendations of the Licenses Committee and the 19 exceptions filed in this matter? Roll call, 20 please. 21 CITY CLERK: Alderman Hamilton. 22 ALDERMAN HAMILTON: Aye. 23 CITY CLERK: Davis. 24 ALDERMAN DAVIS: Aye. 25 CITY CLERK: Kovac. 5 1 ALDERMAN KOVAC: Aye. 2 CITY CLERK: Bauman. 3 ALDERMAN BAUMAN: Aye. 4 CITY CLERK: Bohl. 5 ALDERMAN BOHL: Aye. 6 CITY CLERK: Coggs. 7 ALDERWOMAN COGGS: Aye. 8 CITY CLERK: Wade. 9 ALDERMAN WADE: Aye. 10 CITY CLERK: Donovan. 11 ALDERMAN DONOVAN: Aye. 12 CITY CLERK: Puente. 13 ALDERMAN PUENTE: Aye. 14 CITY CLERK: Murphy. 15 ALDERMAN MURPHY: Aye. 16 CITY CLERK: Dudzik. 17 ALDERMAN DUDZIK: Aye. 18 CITY CLERK: Witkowiak. 19 ALDERMAN WITKOWIAK: Aye. 20 CITY CLERK: Witkowski. 21 ALDERMAN WITKOWSKI: Aye. 22 CITY CLERK: Zielinski. 23 ALDERMAN ZIELINSKI: Aye. 24 CITY CLERK: Mr. President. 25 PRESIDENT HINES: Aye. 6 1 CITY CLERK: 15 ayes. 2 PRESIDENT HINES: 15 ayes. 3 CITY CLERK: Are any of the following or 4 their counsels present, and if so, do they wish to 5 address the Common Council: Jerry J. Spencer? 6 MR. SPENCER: Present. 7 CITY CLERK: Present. 8 Mandeep Dhawan? No response. 9 PRESIDENT HINES: Alderman Bohl moves 10 that the Common Council resolve itself in the 11 Committee of the Whole for the purpose of hearing 12 oral arguments on behalf of the licenses and 13 opposition to the report recommendations and a 14 statement from the City Attorney's Office. 15 Each side shall be limited to five 16 minutes, and the arguments shall be limited to the 17 subject matter in the report's recommendations and 18 written exceptions. 19 CITY CLERK: The item before the Council 20 is the recommendation of renewal with a ten-day 21 suspension based on Item No. 2 on the police 22 report and on the testimony of the corporate agent 23 of the Extended Hours Establishment License of 24 Jerry J. Spencer, agent for B&V of Milwaukee, for 25 the premises at 3425 West Silver Spring Drive 7 1 known as Kwik Stop in the 1st Aldermanic District. 2 PRESIDENT HINES: Thank you. Sir, 3 please step forward, identify yourself for the 4 record. Again, you have five minutes to present 5 your argument. 6 MR. SPENCER: Thank you. Good morning. 7 B&V Corp has been a corporate citizen for about 20 8 years. 9 PRESIDENT HINES: Why don't you identify 10 yourself for the record? 11 MR. SPENCER: My name is Jerry J. 12 Spencer, born and reared in Milwaukee. 13 Anyway, the extended hours go from 14 midnight to 5:00. I guess I'm here to argue that 15 the incident of concern that was brought up in the 16 Committee actually happened at 3:00 in the 17 afternoon. 18 The incident is reprehensible. On that 19 point, we've taken the clerk into our tutelage, 20 made sure he is under direct supervision of the 21 manager on duty, and we've made corrective actions 22 to make sure that we'd be kind and polite to all 23 our customers, and try to, try not to have the 24 event go beyond a certain point, you know, and try 25 to insist upon the clerks to stay calm, always be 8 1 affirmative, but, you know, gentle to customers, 2 because they are our neighbors. 3 I guess that's all. The point I have to 4 bring up is that the incident that happened, 5 happened at 3:00 in afternoon. The extended hours 6 go from midnight to 5:00, and no events have 7 occurred during that time. This is a renewal of 8 our extended hours. So we have never had any 9 problems during that timeframe. Thank you. 10 PRESIDENT HINES: Are there any 11 questions at this point in time of the applicant? 12 If not, thank you, sir. 13 We will now hear from the City 14 Attorney's Office. Thank you. 15 ATTORNEY SCHRIMPF: Thank you, Mr. 16 President, Bruce Schrimpf from the City Attorney's 17 Office, members. 18 The incident, of course, is set forth in 19 the findings of fact. I don't think there is a 20 disagreement about the incident, and the Committee 21 recommended renewal with a ten-day suspension. 22 This is a situation in which a clerk had 23 a BB gun, used it in this particular -- well, 24 didn't fire it, but used it in this particular 25 episode. And the facts, I think, rather speak for 9 1 themselves. 2 If there are any questions. I'll try to 3 answer them. 4 PRESIDENT HINES: Are there any 5 questions of the assistant city attorney? If not, 6 thank you. 7 CITY CLERK: Will ask again whether 8 Mandeep Dhawan or counsel is present and wishes to 9 address the Council? There is no response. 10 PRESIDENT HINES: Thank you. Alderman 11 Bohl moves that the Committee now rise. Hearing 12 no objections, so ordered. Are there any motions 13 relative to this matter? Are there any motions 14 relative to this matter? If there is no further 15 discussion, I'd request a vote of those council 16 members present. 17 The chair recognizes Alderman Bohl. 18 ALDERMAN BOHL: Thank you. Mr. 19 President, to be consistent with my vote in 20 Committee, I would ask to be recorded as a "no" 21 vote on the matter of the Mandeep Dhawan agent for 22 Youvraj Group, LLP, for the premises at 714 North 23 27th Street. 24 PRESIDENT HINES: Thank you, Alderman. 25 Let the record reflect Alderman Bohl's 10 1 opposition to Mandeep Dhawan's application. 2 The chair recognizes Alderman Michael 3 Murphy. 4 ALDERMAN MURPHY: I'd like to be 5 recorded as the same. 6 PRESIDENT HINES: Let the record reflect 7 Alderman Murphy's objection to Mandeep Dhawan as 8 well. 9 Are there any further motions? If there 10 is no further discussion, I would request a vote 11 of those council members present to approve the 12 recommendations of the Licenses Committee as 13 contained in File No. 091385. Will the city clerk 14 please call the roll? 15 CITY CLERK: Alderman Hamilton. 16 ALDERMAN HAMILTON: Aye. 17 CITY CLERK: Davis. 18 ALDERMAN DAVIS: Aye. 19 CITY CLERK: Kovac. 20 ALDERMAN KOVAC: Aye. 21 CITY CLERK: Bauman. 22 ALDERMAN BAUMAN: Aye. 23 CITY CLERK: Bohl. 24 ALDERMAN BOHL: Aye. 25 CITY CLERK: Coggs. 11 1 ALDERWOMAN COGGS: Aye. 2 CITY CLERK: Wade. 3 ALDERMAN WADE: Aye. 4 CITY CLERK: Donovan. 5 ALDERMAN DONOVAN: Aye. 6 CITY CLERK: Puente. 7 ALDERMAN PUENTE: Aye. 8 CITY CLERK: Murphy. 9 ALDERMAN MURPHY: Aye. 10 CITY CLERK: Dudzik. 11 ALDERMAN DUDZIK: Aye. 12 CITY CLERK: Witkowiak. 13 ALDERMAN WITKOWIAK: Aye. 14 CITY CLERK: Witkowski. 15 ALDERMAN WITKOWSKI: Aye. 16 CITY CLERK: Zielinski. 17 ALDERMAN ZIELINSKI: Aye. 18 CITY CLERK: Mr. President. 19 PRESIDENT HINES: Aye. 20 CITY CLERK: 15 ayes. 21 PRESIDENT HINES: 15 ayes, 0 nos. The 22 filed is adopted. Is there any further 23 discussion? Any further discussion on the 24 Committee Report? If there is no further 25 discussion, Alderman Bohl moves for the adoption 12 1 of the recommendations of the Licenses Committee 2 Report. Will the city clerk please call the roll? 3 CITY CLERK: Alderman Hamilton. 4 ALDERMAN HAMILTON: Aye. 5 CITY CLERK: Davis. 6 ALDERMAN DAVIS: Aye. 7 CITY CLERK: Kovac. 8 ALDERMAN KOVAC: Aye. 9 CITY CLERK: Bauman. 10 ALDERMAN BAUMAN: Aye. 11 CITY CLERK: Bohl. 12 ALDERMAN BOHL: Aye. 13 CITY CLERK: Coggs. 14 ALDERWOMAN COGGS: Aye. 15 CITY CLERK: Wade. 16 ALDERMAN WADE: Aye. 17 CITY CLERK: Donovan. 18 ALDERMAN DONOVAN: Aye. 19 CITY CLERK: Puente. 20 ALDERMAN PUENTE: Aye. 21 CITY CLERK: Murphy. 22 ALDERMAN MURPHY: Aye. 23 CITY CLERK: Dudzik. 24 ALDERMAN DUDZIK: Aye. 25 CITY CLERK: Witkowiak. 13 1 ALDERMAN WITKOWIAK: Aye. 2 CITY CLERK: Witkowski. 3 ALDERMAN WITKOWSKI: Aye. 4 CITY CLERK: Zielinski. 5 ALDERMAN ZIELINSKI: Aye. 6 CITY CLERK: Mr. President. 7 PRESIDENT HINES: Aye. 8 CITY CLERK: 15 ayes. 9 PRESIDENT HINES: 15 ayes, 0 nos. The 10 Committee Report is adopted. 11 Alderman Bob Donavon will now present 12 the report of the Public Safety Committee. 13 Dismiss the court reporter. Thank you 14 for your services. 15 16 17 18 19 20 21 22 23 24 25 14 1 STATE OF WISCONSIN ) ) SS: 2 COUNTY OF MILWAUKEE ) 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 proceedings of the City 8 of Milwaukee Common Council was recorded by me on April 9 13, 2010, and reduced to writing under my personal 10 direction. 11 I further certify that I am not a 12 relative or employee or attorney or counsel of any of 13 the parties, or a relative or employee of such attorney 14 or counsel, or financially interested directly or 15 indirectly in this action. 16 In witness whereof I have hereunder set 17 my hand and affixed my seal of office at Milwaukee, 18 Wisconsin, this 17th day of April, 2010. 19 20 ___________________________ 21 Karen Renee Court Reporter and Notary Public 22 In and for the State of Wisconsin 23 24 My Commission Expires: March 11, 2012. 25