Public Safety & Welfare Committee

City Of Verona PUBLIC SAFETY AND WELFARE COMMITTEE Monday, September 14, 2020 AT 5:30 P.M. AGENDA Due to the COVID-19 pandemic, the Verona Public Safety and Welfare Committee will hold its meeting as a virtual meeting. The Public Safety and Welfare Committee will not meet at City Hall, 111 Lincoln Street. Members of the Public Safety and Welfare Committee and Staff will join the meeting by using Zoom Webinar, as described immediately below. Members of the public can join the meeting using Zoom Webinar via a computer, tablet, or smartphone, or by calling into the meeting using phones, as described immediately below. Those requiring toll-free options are asked to contact City Hall for details prior to the meeting at adam.sayre@ci.verona.wi.us or 608-848-9941. Join the meeting via computer, tablet, or smart phone: https://zoom.us/j/95778638529 Webinar ID: 957 7863 8529 Join the meeting via phone by dialing: 312-626-6799 Webinar ID: 957 7863 8529 The online meeting agenda and all support materials can be found at https://www.ci.verona.wi.us/. In addition to the public, all Committee members and Staff will also be participating remotely. Anyone with questions prior to the meeting may contact the City at (608) 848-9941 or adam.sayre@ci.verona.wi.us. 1. Call to order 2. Roll Call 3. Approval of Minutes from the August 12, 2020 Public Safety and Welfare Committee meeting 4. Discussion and Possible Action Re: A Change of Agent request from Casey’s Marketing Company, d/b/a Casey’s General Store #3586, 103 Prairie Oaks Drive, Verona, WI 53593 5. Adjournment Heather Reekie, Chairperson POSTED: Verona City Hall Verona Public Library Miller & Sons Market City Web Page at: www.ci.verona.wi.us IF YOU NEED AN INTERPRETER, MATERIALS IN ALTERNATIVE FORMATS OR OTHER ACCOMODATION TO ACCESS THE MEETING, PLEASE CONTACT THE CITY CLERK AT 608-845-6495 AT LEAST 48 HOURS PRECEDING THE MEETING. EVERY REASONABLE EFFORT WILL BE MADE TO ACCOMMODATE YOUR REQUEST.  CITY OF VERONA PUBLIC SAFETY AND WELFARE COMMITTEE AUGUST 12, 2020 VERONA CITY HALL MINUTES 1. Call to order: Heather Reekie called the meeting to order at 5:30 p.m. 2. Roll Call: Heather Reekie and Katie Kohl and were present. Also present: Police Chief Bernie Coughlin, Sergeant Jesse Christensen, and City Clerk Ellen Clark. Evan Touchett was absent and excused. 3. Approval of Minutes: Motion by Reekie, seconded by Kohl, to approve the minutes from the July 27, 2020 Public Safety and Welfare Committee meeting. Motion carried 2-0. 4. Discussion and Possible Action Re: A temporary premises description amendment for Toot & Kate’s, LLC, d/b/a Toot & Kate’s Wine Bar, 109 S. Main Street, to include additional space on the front stoop area of the building and the sidewalk terrace. Coughlin stated this is the same sort of request that was made by Toot & Kate’s at the June 8, 2020 Public Safety and Welfare Committee meeting. The concern with this request is putting people next to passing traffic, and that the terrace and sidewalk will be blocked. A certificate of insurance and indemnification of the City could be considered as contingencies. Another option is putting an ordinance in place that would cover outdoor seating for bars and restaurants across the entire City. Kohl stated there is no parking allowed along the street in the area where they are planning to set up terrace seating, and there is very little traffic in that area in the evenings when the business is open. She is concerned about them going out of business. She stated her understanding is that they would be using small tables with only two chairs, and would probably not block the sidewalk. Coughlin stated small tables limited to two chairs may not block the sidewalk. Reekie asked if approval of this request would add an additional table on the stoop in front of the stores, as well. Coughlin replied that it would add an additional table on the stoop area. Sayre stated if fencing is installed between the terrace and the street, Toot & Kate’s will be installing it. He does not think there is enough room for fencing without moving the tables onto the sidewalk. Coughlin stated the poles are mounted in the middle of the terrace. The fence would have to be mounted adjacent to the curb line without going over the curb. He assumes the fence would be metal, and approximately four feet tall, similar to what Race Day Events uses for their special events. A fence will not provide customers protection from cars hitting the fence. Reekie asked whose liability it would be if someone fell into the street or were hit by a car. Sayre replied if someone were hurt, their attorney would sue everyone possible, and the City would certainly be included in that. Coughlin replied drivers move into the right turn lane early if the other lane is full, which brings them closer to the curb.  Coughlin stated we’re trying to help businesses as much as we can, but this business has many limitations as to how much room they have to use outside. The stoop area, except for the one additional table requested in front of Goochi Poochi, has already been approved. Reekie stated she is not comfortable with the terrace seating. There is not enough space for tables and chairs. She is in favor of adding additional tables on the stoop. Kohl stated they are not allowed to have anyone inside the business. Coughlin replied the certificate of insurance and indemnification of the City should be requirements of approval. Sayre read language to be used in an agreement with owners to require liability insurance and indemnification of the City: “The operator and the property owner of an establishment that operates a temporary dining, sales, or display area located in the public right of way or on public lands under this Resolution shall hold the City harmless for any personal injury or property damage resulting from the existence or operation of, and the condition and maintenance of, the right-of-way upon which the temporary outdoor dining, sales, or display area is located, and shall furnish evidence of general liability insurance in the amount of one million dollars ($1,000,000.00) per person and two million dollars ($2,000,000.00) per occurrence with the City as additional named insured.” Coughlin stated he would also add a date for this request to expire, and suggested November 15th. Sayre stated it would be in the City’s best interest to add the liability insurance and indemnification of the City as contingencies for approval of the request. Reekie stated she is more comfortable with this if the indemnification is included. Reekie asked for a contingency that the applicant ensure the sidewalk will not be blocked by the tables and chairs at any time. Kohl agreed. Motion by Reekie, seconded by Kohl, to recommend to Common Council to approve a temporary premises description amendment for Toot & Kate’s, LLC, d/b/a Toot & Kate’s Wine Bar, 109 S. Main Street, to include additional space on the front stoop area of the building and the sidewalk terrace, contingent upon the following: 1. Only the terrace area of the sidewalk will be used for seating 2. Liability insurance and indemnification of the City as recommended by the City Administrator and City Attorney will be in place 3. The premises description amendment will be effective until November 15, 2020 Motion carried 2-0. 5. Discussion and Possible Action Re: Ordinance No. 20-967 amending Section 10-1-27 of the Code of Ordinances of the City of Verona. Motion by Reekie, seconded by Kohl to postpone discussion on Ordinance No. 20-967 amending Section 10-1-27 of the Code of Ordinances of the City of Verona to a future meeting, as there is some consideration being given to extending the no parking area on Nine Mound Road. Sayre stated a comment was received from a business owner on Nine Mound Road regarding extending the no parking area there. The City has to be conscious of the needs of other business owners in the area, as well. It may take some time to research this and formulate a recommendation to the Committee. 6. Adjournment: Motion by Kohl, seconded by Reeike, to adjourn at 5:56 p.m. Motion carried 2-0. Ellen Clark, City Clerk