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Public Protection Committee
Monday, September 8, 2008
Lincoln Center, 1519 Water Street
Present: Alderpersons:
Trzebiatowski, Slowinski, Heart, Brooks.
Excused:
Ald. Stroik.
Also Present: Mayor Halverson; Clerk Moe; C/T Schlice; City Attorney Molepske; Alderpersons: Myers, Hanson, Wiza, Molski, and Moore; Deputy Chief Dowling; Chief Zinda; Director Gardner; Assessor Siebers; Reid Rocheleau; Gene Kemmeter (Gazette)
Index to these minutes:
1. Recommendation on license lists: A. New Operator's (Bartender's) Licenses. B. Request for
Extension of Premise: Knights of Columbus Club, 401 W Clark Street, Stevens Point, WI on October 4, 2008 from 12:00
noon until 9:00 p.m. for the Columbus Day Open House and October Feast Raffle Fundraiser. C. Request for Class
"B" / "Class B" Retailer's License: St. Joseph's Congregation, 1709 Wyatt Avenue, Stevens Point,
WI on October 5, 2008 from 11:00 a.m. until 2:00 p.m. for the Fall Fest. D. Recommended Rejection of Request for
a Pawnbroker/Secondhand Jewelry Dealer and Secondhand Article Dealer License: Hobby Shop LLC, 521 Clermont Street,
Antigo, WI. David and Cindy Dziamarski, Antigo, WI at 1201 Main Street, Stevens Point, WI 54481.
2. Request to Keep Ball Python
Snake - Jamie Nunn, 808 Isadore Street,
Unit B.
3. Ordinance Amendments - Amend
Section 18.09 - Requiring Maintenance &
Reporting of Grease Interceptors.
4. Ordinance Amendment - Amend
Sections 6.08 & 6.09 - Regulation of
Outdoor Solid Fuel Burning Furnaces.
5. Recommendation of the Monthly
Inspection Report: A. Construction Starts.
B. Violations.
6. Adjournment.
1. Recommendation on license
lists:
A. New Operator's (Bartender's) Licenses. B. Request for Extension of Premise: Knights of Columbus Club, 401 W
Clark Street, Stevens Point, WI on October 4, 2008 from 12:00 noon until 9:00 p.m. for the Columbus Day Open House
and October Feast Raffle Fundraiser. C. Request for Class "B" / "Class B" Retailer's License:
St. Joseph's Congregation, 1709 Wyatt Avenue, Stevens Point, WI on October 5, 2008 from 11:00 a.m. until 2:00 p.m.
for the Fall Fest.
Ald. Slowinski moved, Ald. Brooks seconded, to approve the 40 New Operator's Licenses; Request for Extension of
Premise for the Knights of Columbus; and the Request for a Class "B" / "Class B" Retailer's
License: St. Joseph's Congregation. Ayes, all; nays, none; motion carried.
D. Recommended Rejection of Request for a Pawnbroker/Secondhand Jewelry Dealer and Secondhand Article Dealer License:
Hobby Shop LLC, 521 Clermont Street, Antigo, WI. David and Cindy Dziamarski, Antigo, WI at 1201 Main Street, Stevens
Point, WI 54481.
Deputy Chief Dowling stated that the required background check found several charges pending in connection with
their business in Antigo. The allegations are: Obstructing an Officer by providing false information and two incidents
of transactions with a minor which is prohibited. He noted that he has spoken with the Antigo Police Department
and the applicant.
David Dziamarski said these incidents were isolated instances. They are learning as they go. There was no intentional
deceit in any of those instances. In the one instance a friend's son sold him something where he had his father's
permission and it later was found to have been stolen. They sell remote control cars, wireless phones and second
hand articles. The business here would be a hobby shop where they sell and buy items. He said that they have never
been in trouble before opening this business and reiterated that they are learning as they go.
Ald. Heart asked how long has he been in business in Antigo.
David Dziamarski said three years.
Cindy Dziamarski said they are not a pawnshop and do not want to be a pawnshop. She said they are working with
the Police Department now. The police come through about once a month to look through their forms and inspect their
items to see if there are any stolen items. They do hold items for 21 days before they offer them for sale. When
they buy something they get the person's license number and address. She said that is where the misunderstanding
came from. These are forms that they voluntarily fill out since they are not a pawnshop. She stated in the one
incident a friend was in the store with his son and had told his son that it was okay to sell some items. The next
day the items turned out to be stolen and the father decided that he did not want anything to do with stolen items
so he hung them out to dry. She stated that buying items is a small part of their store but it is a money making
part and they need that component to make sure this new store is successful.
Ald. Heart asked about management and the storing of records.
David Dziamarski said that he would be the manager for the first few months and then bring someone on.
Ald. Trzebiatowski asked if the manager would also be required to have a background check.
City Attorney Molepske stated that they would not.
Ald. Wiza asked if the City could include stipulations with granting a license.
City Attorney Molepske stated the statute is silent on that and they repeat the statute in their ordinance.
Mr. Dziamarski explained the details behind the current pending charge of obstructing an officer.
Mayor Halverson noted that Mr. Dziamarski admitted to lying to a police officer. It does not matter what his motives
were. The Mayor stated his greatest concern about any operation like this is that it could be used as a fencing
operation. He feels this is something the community does not need. He contends that they can be a retail hobby
shop selling anything they like and over the next year the City can monitor the progress of their business in Antigo.
As for now, the Mayor supports the Police Department's recommendation to deny.
Ald. Brooks asked about the possibility of a probationary period.
City Attorney Molepske said that if they wish to postpone action until next month he could draft an ordinance to
address their concerns.
Ald. Brooks asked if they would be interested in just a hobby shop without the license.
Mr. Dziamarski said that the license is key to their success.
Ald. Trzebiatowski noted that last month the Committee denied a license at the same location based on compatibility
with the downtown business district. He asked the City Attorney if there would be any problems with them now granting
a license at the same location.
City Attorney Molepske said that they are different licenses. Last month was a pawnbroker and this one is for a
secondhand article dealer.
Ald. Heart asked if they deal in bicycles.
David Dziamarski said they prefer not too. He thought they may have dealt with two bikes in the last two years.
Mayor Halverson said last month the Committee denied a license when there was no evidence to recommend a rejection.
Here the Committee has a recommendation from the Police Department to reject based on evidence that questions the
viability of the business being able to operate correctly. The Committee may want to balance the hypocrisy that
could be laid against it if they decide to do this in the face of evidence presented by the Police Department.
Ald. Slowinski moved, Ald. Heart seconded, to reject the license request for a Secondhand Article Dealer license
for the Hobby Shop at 1201 Main Street.
Ald. Brooks stated for the record that he was opposed to last month's denial of the Pawnshop License request.
Call of the vote on the motion by Ald. Slowinski, seconded by Ald. Heart, to reject the license request for a Secondhand
Article Dealer license for the Hobby Shop at 1201 Main Street. Ayes, majority; nays, minority; motion adopted.
2. Request to Keep Ball Python
Snake - Jamie Nunn, 808 Isadore Street, Unit B.
Jamie Nunn was not present.
Ald. Brooks moves, Ald. Trzebiatowski seconded, to deny the request.
Ald. Wiza said that a two foot ball python is less dangerous than a common house cat provided that it is taken
care of. He has not seen any information on an inspection. If it is kept in an aquarium with a cover it is not
going anywhere. He does not think the Committee has any reason to deny this request provided that the owner shows
proof of insurance that covers this specific animal.
Clerk Moe stated that her mother did send in a copy of their home insurance and stated that the snake was covered
under their policy. If the Committee wished to postpone and ask for a letter from the insurance company specifically
stating the fact that the snake is covered the City can do that.
Ald. Brooks withdraws his motion.
Ald. Brooks moved, Ald. Trzebiatowski seconded, to postpone action on the request to keep a Ball Python Snake from
Jamie Nunn, 808 Isadore Street, Unit B, until next month's Public Protection Committee meeting with the contingency
that the Committee be provided with proof of insurance dealing with a ball python snake; that a signed letter from
the apartment owner indicating they are okay with the pet; and the Human Society approves the living conditions.
Ayes, all; nays, none; motion carried.
3. Ordinance Amendments -
Amend Section 18.09 - Requiring Maintenance & Reporting of Grease Interceptors.
Director Gardner states this allows for the reporting of maintenance.
Ald. Slowinski moved, Ald. Brooks seconded, approval of the amendment to 18.09 - Requiring Maintenance & Reporting
of Grease Interceptors. Ayes, all; nays, none; motion carried.
4. Ordinance Amendment -
Amend Sections 6.08 & 6.09 - Regulation of Outdoor Solid Fuel Burning Furnaces.
Director Gardner stated that this was brought up last month. He stated that at the Committee's direction, he and
the Fire Chief put together the draft before them. He pointed out that the amendment will allow outdoor furnaces
to be located, if they are commercially manufactured and if they burn only wood, in industrial zoned areas if they
are 300 feet away from residentially zoned properties. He also noted that 1.05 states the Fire Chief has the ability
to change the operation and ultimately shut the outdoor furnace down if it creates a nuisance in the neighborhood.
He also said there is an appeal process for the affected property owners.
Ald. Trzebiatowski moved, Ald. Slowinski seconded, to approve the Ordinance Amendments to 6.08 and 6.09 - Regulating
Outdoor Solid Fuel Burning Furnaces. Ayes, all; nays, none; motion carried.
5. Recommendation of the
Monthly Inspection Report:
A. Construction Starts.
B. Violations.
Ald. Trzebiatowski moved, Ald. Slowinski seconded,
to approve the Monthly Inspection Report and Place it on File. Ayes, all; nays, none; motion carried.
6. Adjourned at 9: 56 p.m.
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