Protection and Welfare Committee

City of Oconomowoc Protection & Welfare Committee Aldermen: Douglas, Chairman / Schellpeper, Secy / Rosek Tuesday, May 16, 2023 - 7:10 PM City Hall - Conference Room 3 174 E. Wisconsin Ave. Oconomowoc, WI 53066 (or immediately following Committee-Of-The-Whole) Notice: If a person with a disability requires that the meeting be accessible or that materials at the meeting be in accessible format, call the City Clerk at least 48 hours prior to the meeting to request adequate accommodations. Tel: (262) 569-2186. 1. Call to order and confirmation of appropriate meeting notification 2. Committee Business a. Consider/recommend Resolution 23-R3129 Granting New "Class B” Intoxicating Liquor\Fermented Malt Beverage License to Huggs & Vino, LLC (Bella Gusto) b. Consider/recommend Ordinance 23-O1047 to Repeal and Recreate Section 5.23 (6) of the Oconomowoc Code of Ordinances Related to Open Burning - 1st Reading 3. Adjourn ________________________________ Diane Coenen, City Clerk City of Oconomowoc Notice is hereby given that a majority of the Common Council will be present at the above scheduled meeting to gather information about a subject over which they have decision-making responsibility. This constitutes a meeting of the Common Council pursuant to State ex rel. Badke v. Greendale Village Board, 173Wis. 2d 553, 494 N.W. 2d 408 (1993) and must be noticed as such, although the Common Council will not take any formal action at this meeting. 1  MEMORANDUM CLERKS Date: May 11, 2023 To: Mayor Magnus Common Council From: Diane Coenen, Clerk Re: “Class B” License for Huggs & Vino, LLC dba Bella Gusto RELATES TO THE STRATEGIC PLAN Strategic Goal - N/A BACKGROUND The City has received an application for a "Class B" Intoxicating liquor/fermented malt beverage license from Huggs & Vino, LLC, Ellen M. Huggins, Agent, to sell alcoholic beverages at Bella Gusto, 29 S. Main Street. The new owner has provided drawings outlining the interior operations of the business (1st and 2nd floors) and a photo of wine dispensers they plan to incorporate into the business. The applicant meets all Chapter 12 and State licensing requirements. ADDITIONAL ANALYSIS For the last 8 years, Bella Gusto has operated with Class “B” fermented malt beverage and “Class C” wine licenses. Effective May 17, the business will be sold and the new owners plan to continue the restaurant on the 1st floor and renovate the 2nd floor to include the sale of wine and other alcoholic beverages. The current licensee, Renee Burns has submitted a letter of surrender of her Class "B"/”Class C” licenses effective May 16 on the condition Council grants a new "Class B" Intoxicating liquor/fermented malt beverage license to Huggs & Vino, LLC. The City has three Regular and nine Reserve “Class B” licenses available. FINANCIAL IMPACT N/A RECOMMENDATION Protection & Welfare: Motion to recommend Resolution 23-R3129 granting a new "Class B" Intoxicating liquor/fermented malt beverage license to Huggs & Vino, LLC, 29 S. Main Street, effective May 17, 2023. SUGGESTED MOTION Council Recommendation: Move to adopt Resolution 23-R3129 granting a new "Class B" Intoxicating liquor/fermented malt beverage license to Huggs & Vino, LLC, 29 S. Main Street, effective May 17, 2023. 2  RESOLUTION NO. 23-R3129 RESOLUTION GRANTING NEW 2022-2023 INTOXICATING LIQUOR/FERMENTED MALT BEVERAGE LICENSE TO HUGGS & VINO, LLC WHEREAS, an application for the following new license has been made, necessary fees deposited and all legal procedures have been taken, as per ordinance of the City of Oconomowoc. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Oconomowoc that the following license be granted (will expire on June 30, 2023): "Class B" Intoxicating Liquor/Fermented Malt Beverage License (serve intoxicating liquor/fermented malt beverages) Huggs & Vino, LLC 29 S. Main Street Ellen M. Huggins, Agent 813 Magnolia Drive, Waukesha DATED: May 16, 2023 CITY OF OCONOMOWOC By: Robert P. Magnus, Mayor ATTEST: Diane Coenen, Clerk 3 4 5 6  MEMORANDUM POLICE AND WESTERN LAKES FIRE DISTRICT Date: May 16, 2023 To: Mayor and Common Council From: Police Chief James Pfister Fire Chief Brad Bowen Re: Consider/act on Ordinance 23-O1047 to Repeal and Recreate Section 5.23 (6) Open Burning RELATES TO THE STRATEGIC PLAN N/A BACKGROUND Our current ordinance only allows outdoor burning for cooking purposes, fire department training or bonfires. There have been advances with outdoor fire pits and containers over the years, which are making it common for residents to have something on their back patio. With the growing popularity of fire pits, fireplace or containers, we feel their use should be incorporated in our Ordinance. The revised ordinance will accomplish the following:  Allow the use of fire pits, fireplaces and containers  Continue to prohibit the burning of yard waste including leaves, brush, and green wood  Address concerns of burning near water ways  Address concerns with regards to distance from a structure  Address maximum size of burning container ADDITIONAL INFORMATION Language has been added to 5.23 (6)(a) that in addition to outdoor cooking allows for the use of fire pits/fireplace or containers as long as they meet setback, size and burning material requirements. The ability to have controlled prairie fires with a permit from Western Lakes Fire District was added as 5.23 (6)(d). FINANCIAL IMPACT N/A RECOMMENDATION Both the Police and Fire Departments recommend the proposed changes to the ordinance. SUGGESTED MOTION Motion to adopt Ordinance 23-O1047 Repealing and Recreating Section 5.23 (6) of the Oconomowoc Code of Ordinances. Z:\City Administrator\Council Agenda\Repeal and Recreate 5.23 (6) Open Burning\Background Memo for Ordinance 23-O1047 Repeal and Recreate Section 5.23 (6) Open Burning.docx 1 7  ORDINANCE NO. 23-O1047 ORDINANCE REPEALING AND RECREATING SECTION 5.26 (6) OF THE OCONOMOWOC CODE OF ORDINANCES WHEREAS, the Common Council wishes to repeal and recreate Section 5.23 (6) of the City Code of Ordinances related to Open Burning. NOW, THEREFORE, the Common Council for the City of Oconomowoc ordains: BE IT ORDAINED by the Common Council of the City of Oconomowoc, Waukesha County, Wisconsin, that Section 5.23 (6) of the Oconomowoc Code of Ordinances is repealed and recreated as follows: SECTION I. 5.23 Miscellaneous Provisions (6) OPEN BURNING PROHIBITED. Notwithstanding the provisions of §14.10, Wis. Adm. Code, adopted by reference in §5.15(3) no person shall kindle or cause to be kindled or maintain any outdoor fire in the City of Oconomowoc except for the following purposes: (a) A fire is located no less than twenty-five (25) feet from the Ordinary High-Water Mark of any navigable waterway and ten (10) feet from a structure and contained in a fire pit/fire place/container that is no larger than thirty-six (36) inches in diameter and is only used for outdoor cooking or campfire purposes and only dried, pre-cut wood, in lengths no more than eighteen (18) inches to inhibit potash formation, is used as fuel. The burning of yard waste and green wood is prohibited. (b) Training for fire departments. (c) Bonfires for special events, with a permit issued by the Western Lakes Fire District. For purposes on this section, "Bonfire" means a large, open-air fire kindled to mark a public event, victory celebration or similar occurrence where dry, combustible material, such as wood, paper and similar items, are burned. (d) Prescribed prairie fires of native plants as part of restoration efforts necessary for the health of native habitats, with a permit issued by the Western Lakes Fire District. SECTION II. SEVERABILITY Should any portion of this ordinance be declared invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of any other provisions of this ordinance. SECTION III. EFFECTIVE DATE. 1 8 This ordinance shall become effective upon passage and publication as required by law. Dated: May 16, 2023 CITY OF OCONOMOWOC By: ______________________ Robert P. Magnus, Mayor ATTEST: Diane Coenen, City Clerk Date Adopted: Date Published: Effective Date: 2 9