SPECIAL COMMON COUNCIL
June
23, 2009
Public Comments: Dan Kilkenny, N3616 Elm Ridge Road, Merlyn Dahl, 403
E. Wisconsin Street, and Joe Bell, 54 Arbor Ride Drive, spoke on the liquor
license issue. John Lee, 2724 Willow Point Drive, on behalf of the Delavan
Comfort Suites spoke on the economics of the hotel business where it is very
slow here in the winter and picks up in the summer when they have the ability
to pay their past due bills and along with additional interest to the City.
Consider Renewal and/or Non-Renewal
2009-2010 Liquor Licenses applicants as follows: Robert Walters, d/b/a Latimer House, 523 E.
Walworth Avenue: Based upon all of the outstanding bills being paid, Alderman
Finley moved, seconded by Alderman O’Connor to renew the liquor license for the
Latimer House. The motion carried unanimously.
Rene Hernandez, Buena Vista Restaurant, 239 E. Walworth Avenue: Based upon all of the outstanding bills being paid, Alderman Finley moved, seconded by Alderman O’Connor to renew the liquor license for Buena Vista Restaurant. The motion carried unanimously.
Martinez
Raul, Inc., d/b/a LaGuanajuato, 233
E. Walworth Avenue, (Eudelia Barrios Varela, agent): Based upon all of the
outstanding bills being paid, Alderman Finley moved, seconded by Alderman
O’Connor to approve the liquor license of LaGuanajuato. The motion carried
unanimously.
Francisco
and Susana Valadez, d/b/a Los Agaves, 401 E. Walworth Avenue: Alderman O’Connor moved to have the Valadezs provide a
plan for payment of outstanding personal property bills of $243.56. The motion
was seconded by Alderman Finley and carried unanimously. Francisco Valadez
indicated that the personal property tax bill is for the former owners of a
restaurant in that location. City Attorney Koch indicated that Municipal Code
Section 7-2-7 requires assessments to be paid and would attach to the premises.
Alderman O’Connor moved to grant the liquor license if the personal property
taxes of $243.56 are paid by June 30th. The motion was seconded by
Alderman Finley. After further discussion the motion carried unanimously upon
call of the roll.
Delavan
Area Hospitality Group d/b/a Delavan Comfort Suites, 313 Bauer Parkway, (Samuel J Russo, Agent) Based
upon all of the outstanding bills being paid, Alderman Finley moved to approve
the liquor license for Delavan Area Hospitality Group. The motion was seconded
by Alderman Siedelmann and carried unanimously upon call of the roll.
BV
Hotels, Inc. d/b/a Delavan House Hotel,
215 E. Walworth Ave., (Justyna Karatnik, Agent) Alderman Kilkenny moved to deny
the liquor license for BV Hotels, Delavan House Hotel, and that they be
promptly notified of the reason for denial and provided the appeal process. The
motion was seconded by Alderman Finley. Robert Sobczak-Slomczewski representing
BV Hotels, Inc. explained he had been out of the country and has been working
on getting the hotel compliant. He explained the status of the remodeling and
felt the construction would be completed in a matter of weeks. When asked if
they intend to pay the outstanding taxes within one week, Mr.
Sobczak-Slomczewski indicated they would be paid. The motion to deny the
license carried with Aldermen Reddy and O’Connor dissenting. An opportunity to
have the decision reversed will be on June 30th at 6:30 p.m.
Delavan
Resort Management, Inc, d/b/a Lake Lawn Resort, 2400 E. Geneva Street (Kip Blair, Agent) Alderman
Kilkenny moved to deny the liquor license. The motion was seconded by Alderman
Finley. Susan Sorrentino, Attorney for Lake Lawn, indicated Lake Lawn has paid
all of the non real estate tax items except for those invoices that are in
dispute. They would like to enter into an installment plan for the real estate
taxes and find a resolution for the items in dispute. Alderman Kilkenny felt
Special Counsel Schroeder should determine if the invoices are properly applied
pursuant to the developer agreement. Ms. Sorrentino asked that a representative
of Lake Lawn have the opportunity to participate in the discussion to
facilitate a resolution.
Alderman Siedelmann indicated he has worked for a week on reviewing the first set of invoices with the following recommendations:
The total that should be paid by TIF is $18,016.68. Also the 5% administrative fee of $900.34 that was charged to Lake Lawn and any interest charges on the $18,016.68 should be waived.
Alderman
Kilkenny commended Siedelmann for the extensive detailed work he has completed,
but asked that the professional consultants come in and review the invoices.
Ms. Sorrentino explained Lake Lawn and City staff have differences of opinion
on how the developer agreement applies with the Baxter Woodman bills. After
much discussion, Alderman Finley called the question, seconded by Alderman
Reddy and unanimously carried. The motion to deny the liquor license was
defeated.
Alderman
Reddy moved to neither approve nor deny the liquor license pending a hearing on
June 29th. The motion was seconded Alderman O’Connor. Alderman
Kilkenny amended the motion to have staff immediately contact the professional
consultants whose invoices are being questioned and have them review and verify
their respective invoices, and to have our attorneys review that information to
properly apply to our ordinances, cost recovery or developer agreements, if
necessary. The motion was seconded by Alderman Reddy.
Alderman Johnson arrived. A lengthy discussion was held on whether all vendors would be required to appear and whether an evidentiary hearing would be required. It was agreed that if a resolution to the bill had been reached as in the case of Vandewalle, they would not be required to attend.
The amending motion carried with Alderman Siedelmann dissenting. The original motion as amended carried with Aldermen Siedelmann and Finley dissenting.
Consider proposal from Special Counsel
Mark Schroeder on ATC Easement issue:
Alderman Kilkenny moved to authorize Special Counsel Schroeder to proceed on
the ATC easement issue with the estimated two hour time commitment. The motion
was seconded by Alderman Finley and carried unanimously.
Adjourn: There being no further business to come before the
special meeting of the Common Council, the meeting adjourned at 8:42 p.m. upon
a motion by Alderman Siedelmann, seconded by Alderman Finley, and unanimously
carried.
Susan Kitzman
City Clerk
SPECIAL COMMON COUNCIL
June
23, 2009
Discussion and possible action on policy
for handling Liquor License applicants that are non-compliant. Alderman Kilkenny moved to approve the Agreement
Regarding the Terms and Conditions for Renewal of Liquor License identified on
the first page of the draft marked 2-1. The motion was seconded by Alderman
Finley.
Alderman Kilkenny amended the motion to add the words “city taxes” in the list included in paragraph #1. The motion was seconded by Alderman Reddy. Lengthy discussions were held on the wording of the document including whether the City should pay interest on any refunded amounts.
Alderman
Kilkenny moved to call the question, seconded by Alderman Finley. The motion
carried unanimously. The amending motion carried unanimously. The motion to
approve the Agreement Regarding the Terms and Conditions for Renewal of Liquor
Licenses as amended carried unanimously.
Adjourn: There being no further business to come before the
Common Council, the meeting adjourned upon a motion by Alderman Siedelmann,
seconded by Alderman Finley and unanimously carried at 9:50 p.m.
Susan Kitzman
City Clerk
These are not official
minutes until approved by the Common Council.