Roll Call: Present: Ald. Sevenich, Walther, Filipiak, Seiser, Sowieja, Barr, Rackow, Molski, Nealis, Phillips, Moore

Also Present: Clerk Zdroik, C/T Schlice, Directors Disher, Gardner, Schrader, Van Alstine; Mayoral Assistant Molepske, Fire Chief Barnes, Assessor Kuehn, Inspector Zepp, Barbara Martin (Journal), Gene Kemmeter (Portage County Gazette)

2. Hearing and decision on non-renewal of Multiple Dwelling License - 2001 Main Street.

Meeting was called to order by Mayor Wescott. Mayor then turned the proceeding to City
Attorney Molepske who then made a brief statement to the Common Council and then proceeded to call the witnesses.

Comptroller/Treasurer Schlice was called and sworn in. The Comptroller/Treasurer testified that the real estate taxes which include service fees for garbage collection and snow removal were not paid and for the years 1997, 1998, 1999 and 2000, there remains an outstanding total sum of $14,366.18. Comptroller/Treasurer Schlice further indicated that Sec. 4.14 of the Revised Municipal Code provides that no person shall receive a permit or license unless his real estate taxes and all other taxes are paid in full.

Director Gardner was then sworn in and testified that his department had received eleven notices of violations concerning noise and underage parties being held at 2001 Main Street.

Officer Benjamin Uitenbroek of the Stevens Point Police Department was sworn in and testified that he had been to the premises on three or four separate occasions in the year 2001 and found the noise complaints to be credible since he could hear the noise and music half way down the block. He also indicated that there are numerous underage parties there. In fact, he had made a number of arrests of sixteen-year old girls who were intoxicated on the premises.

Officer Matthew Gumney of the Stevens Point Police Department was sworn in and testified that he also on three or four occasions was called to the premises to squelch noise and underage drinking parties. The officer testified that the noise would be disruptive to the neighborhood since it is a residential neighborhood.

Captain Linda Daubert of the Stevens Point Police Department was sworn in and testified that the records of the Police Department would indicate that there were noise complaints as specified on Exhibit II. The noise complaints run from 8:30 in the evening to 2:40 in the morning. She also indicated that two officers were always sent and at times when there was a party, as many as four officers could be dispatched to assist. This would leave the entire city without any officer to patrol the city during the entire period.

Detective Thomas Zenner was sworn in and indicated he was an officer in charge of drug investigation in the city and on November 15, 2001, applied for a search warrant and under the search warrant executed the warrant on 2001 Main Street. Beside the drugs found on the premises, he located signs which indicated the price of alcohol sold by the glass on the premises. He also took certain statements from individuals arrested at the premises including the owner’s brother who indicated that every Thursday and Saturday, they had a party and sold alcohol without a license. It was apparent to the officer in reviewing the files and discussing with the arrested individuals that many of the customers of the bar operation were in fact underage persons including minors.

A neighbor, Barbara Kranig, 2024 Main Street, was called and testified that as a neighbor she could readily hear and was disturbed by the noise being emitted from the premises at 2001 Main Street. She also indicated that she had resided there for twenty-two years and considers it as a college neighborhood. Mrs. Kranig has never experienced problems such as those that exist at 2001 Main Street.

Rick Whipp, 2016 Main Street, was sworn in and testified that he observed and was disturbed by noise which was emitted from the premises directly across from him. The disruptions were a constant nuisance to him, especially the vulgarity of the parties involved in discussions, disputes and fights. He also testified that his house was hit by paint balls. The paint splatter pattern indicates the paint balls originated from the direction of 2001 Main Street.

Tom Ness, 1924 Main Street, a former police officer for twenty-two years, testified that he heard and observed the noise and young people coming and going to the premises. He originally suspected drugs, however later found that the underage activity was of alcohol consumption. Former Police Officer Ness testified that had he been an officer in the force, he would have had sufficient cause on a regular basis to arrest the occupants of 2001 Main Street for disorderly conduct.

Marlene Ness, 1924 Main Street, the spouse of Tom Ness, testified that she could not remember a day during the summer of 2001 when she was not disturbed by the activities and noise of 2001 Main Street. She related two incidents in which fights started at 2001 Main Street between frequenters of 2001 Main Street, who then continued their disorderly conduct in her front yard.

Paul Mayek, 2001 Main Street, Apt. A, testified that he is not home that often because of his work schedule and indicated that it was difficult for him to control the tenants because of his absence. He indicated the physical premises had been improved and the building is attractive and sound and in good condition. Mr. Mayek apologized for the "hooligans" who were tenants during the summer who allegedly caused all the problems. He stated that if his license was renewed, he will attempt to rectify the problems and avoid future disturbances to the neighborhood. Mr. Mayek admitted he had not paid the real estate taxes and special taxes, however he felt that he did not owe the 1997 real estate taxes and special charges during the year he purchased the property.

Mayor Wescott called for any closing statements in which City Attorney Molepske stated that he was of the opinion that there was sufficient evidence to not renew this license on the basis of failure to pay the real estate taxes, eleven violations within one year and the sale of alcohol without a license constituting a public nuisance.

The Mayor then turned the matter to the Common Council which found that:

1. The real estate taxes have not been paid - Section 4.14 of the Revised Municipal Code.
2. The premises had eleven violations within a calendar year documented by the Police Department together with an unspecified number of violations related to by the neighbors - Section 21.11 (17) & (18) of the Revised Municipal Code.
3. Alcohol and Fermented Malt Liquor were sold on a regular basis to underage persons and other individuals from the premises, to which no liquor license has been issued constituting a public nuisance.

On motion made by Ald. Barr, citing the above reasons, seconded by Ald. Nealis, not to renew the Multiple Dwelling License at 2001 Main Street.

Roll Call: Ayes: Ald. Sevenich, Walther, Filipiak, Seiser, Sowieja, Barr, Rackow, Molski, Nealis, Phillips, Moore.
Nays: None. Motion carried.

3. Adjournment - 7:45 P.M.

The meeting minutes reproduced on this website are derived from the computer files used to produce the official minutes for the City of Stevens Point, but are unofficial. The minutes on this web site cannot be certified under s. 889.08, Wis. Stats., and cannot be considered prima facie evidence under s. 889.04, Wis. Stats. Certain tables, maps, and other documents that are a part of the official minutes are not included in the files reproduced on this website. Please consult the printed minutes, available in the City Clerk's Office, for the official text. The decisions made by City of Stevens Point boards, committees, and commissions (other than the Police & Fire Commission) are advisory only and are not binding on the city until affirmed at a meeting of the Common Council. Some of the minutes on this web site might not be approved by the Common Council as of today.