Public Safety & Welfare Committee
Regular MeetingVerona, WI · May 28, 2024
Minutes
CITY OF VERONA
PUBLIC SAFETY AND WELFARE COMMITTEE
MINUTES
May 28, 2024
1. Call to order: Phil Hoechst called the meeting to order at 6:30 p.m.
2. Roll Call: Phil Hoechst and Rye Kimmett were present. Spencer Harrison arrived at
6:35 p.m. Also present: City Clerk Holly Licht, Police Chief Dave Dresser, Sergeant
Matt Lovell, and City Attorney Bryan Kleinmaier.
3. Public Comments:
• Megan Clark, Toot & Kate’s, stated sidewalk cafés would be great for
the community. She has tried to do outdoor seating in other areas of
her business, but it doesn’t work.
• Beth Tucker Long stated that the committee should look at the
distance requirement from curb cutouts and fire hydrants. She stated
that if no parking is allowed in front of the sidewalk cafe, the setback
could be less than 2 feet.
4. Approval of Minutes from the May 13, 2024 Public Safety and Welfare Committee
Meeting
Motion by Hoechst, seconded by Harrison to approve the minutes from the May 13,
2024 Public Safety and Welfare Committee Meeting. Motion carried 3-0.
5. Discussion and Possible Action Re: Special Event Permit Application from Paul
Schupmann, Resurrection Lutheran Church, for a Wind Ensemble Concert on
Thursday, July 11, 2024
Motion by Hoechst, seconded by Kimmett to approve a Special Event Permit
Application from Paul Schupmann, Resurrection Lutheran Church, for a Wind
Ensemble Concert on Thursday, July 11, 2024. Motion carried 3-0.
6. Discussion and Possible Action Re: Special Event Permit application and Temporary
Class “B” Fermented Malt Beverage License from Robert Priboth, Verona Little
League, for Hometown Days Fundraiser on Saturday, June 1, 2024
Motion by Harrsion, seconded by Kimmett to recommend that the Council approve
a Special Event Permit application and Temporary Class “B” Fermented Malt
Beverage License from Robert Priboth, Verona Little League, for Hometown Days
Fundraiser on Saturday, June 1, 2024 contingent upon final background checks and
operator licenses issued for the event. Motion carried 3-0.
7. Discussion and Possible Action Re: Ordinance No. 24-1053 Creating Title 7,
Chapter 14 of the Code of Ordinances, Sidewalk Café Permits
There was discussion about striking 7-14-3 (a). Hoechst stated that he wants there
to be a minimum width of the sidewalk café. Harrison suggested leaving the
ordinance as is and reviewing them on a case-by-case basis. Attorney Kleinmaier
stated that we should put as many objective standards as possible in the ordinance
so that the council can apply the ordinance fairly across the board. Kimmett
suggested removing the language regarding distance from zoning districts, changing
the minimum setback from the curb to 1 foot if there is not adjacent parking and the
speed limit is below 35 mph.
The committee ran out of time. They took no action on this item. It will be before the
Common Council tonight.
8. Adjournment: Motion by Hoechst, seconded by Kimmett to adjourn at 7:04 p.m.
Motion carried 3-0.
Respectfully submitted,
Holly Licht, City Clerk
Agenda
City of Verona
PUBLIC SAFETY AND WELFARE COMMITTEE
Tuesday, May 28, 2024 AT 6:30PM
Council Chambers
VERONA CITY CENTER
111 LINCOLN STREET, VERONA, WI 53593
AGENDA
1. Call to order
2. Roll Call
3. Public Comments
4. Approval of Minutes from the May 13, 2024 Public Safety and Welfare Committee
Meeting
5. Discussion and Possible Action Re: Special Event Permit Application from Paul
Schupmann, Resurrection Lutheran Church, for a Wind Ensemble Concert on
Thursday, July 11, 2024
6. Discussion and Possible Action Re: Special Event Permit application and Temporary
Class “B” Fermented Malt Beverage License from Robert Priboth, Verona Little
League, for Hometown Days Fundraiser on Saturday, June 1, 2024
7. Discussion and Possible Action Re: Ordinance No. 24-1053 Creating Title 7,
Chapter 14 of the Code of Ordinances, Sidewalk Café Permits
8. Adjournment
Phil Hoechst, Chairperson
POSTED: Verona City Hall
Miller & Sons Market
Verona Public Library
City Web Page at: www.ci.verona.wi.us
Notice is hereby given that a quorum of the members of the City Council or other
standing committees of the City Council may be present at the meeting of the Public
Safety and Welfare Committee to gather information about a subject over which they
have decision-making responsibility. The City Council and any other standing
committees will not take formal action at this meeting.
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CITY OF VERONA
PUBLIC SAFETY & WELFARE COMMITTEE
MINUTES
May 13, 2024
1. Call to order: Hoechst called the meeting to order at 6:00 p.m.
2. Roll Call: Phil Hoechst and Spencer Harrison were present. Rye Kimmett was
absent and excused. Also present: City Clerk Holly Licht, Sergeant Matt Lovell, and
Chief Dave Dresser.
3. Public Comments: None
4. Approval of Minutes from the April 22, 2024 Public Safety and Welfare Committee
Meeting
Motion by Harrison, seconded by Hoechst to approve the minutes from the April 22,
2024 Public Safety and Welfare Committee Meeting. Motion carried 2-0.
5. Discussion and Possible Action Re: A Class “B” Beer License for Taqueria Los
Atlantes, LLC d/b/a Taqueria Los Atlantes, located at 300 S. Main St., Unit 103,
Jonathan Falcon, Agent
Motion by Hoechst, seconded by Harrison to recommend that the Common Council
approve a Class “B” Beer License for Taqueria Los Atlantes, LLC d/b/a Taqueria Los
Atlantes, located at 300 S. Main St., Unit 103, Jonathan Falcon, Agent contingent
upon final approval from the building inspector and fire department. Motion carried
2-0.
6. Discussion and Possible Action Re: A change of agent request from Madison,
Epicureans, LLC d/b/a Pasqual’s Cantina, located at 100 Cross Country Rd.
Motion by Hoechst, seconded by Harrison to approve a change of agent request
from Madison, Epicureans, LLC d/b/a Pasqual’s Cantina, located at 100 Cross
Country Rd. Motion carried 2-0.
7. Discussion and Possible Action Re: A Special Event Permit Application and
Temporary Class “B” Fermented Malt Beverage License from Fran Kelley, Wisconsin
Ultimate Frisbee Association, for the USA Ultimate D1 College Nationals, on May
24-26
Motion by Hoechst, seconded by Harrison to approve a Special Event Permit
Application and Temporary Class “B” Fermented Malt Beverage License from Fran
Kelley, Wisconsin Ultimate Frisbee Association, for the USA Ultimate D1 College
Nationals, on May 24-26. Lovell stated that police will be doing traffic control and
there will be an officer on the grounds for security. Event staff will be located at each
entrance/exit of the beer tent area to ID/issue wristbands and to make sure that beer
does not leave the fenced area. Motion carried 2-0.
8. Discussion and Possible Action Re: A Special Event Permit Application from
Annemarie Miller, The Sow’s Ear, for Knit in Public Day on Saturday, June 8th.
Motion by Harrison, seconded by Hoechst to approve a special event Permit
Application from Annemarie Miller, The Sow’s Ear, for Knit in Public Day on
Saturday, June 8th contingent upon receipt of certificate of insurance. Motion
carried 2-0.
9. Discussion and Possible Action Re: A Special Event Permit Application from J.
Garrett Wilson, Race Day Events, for the Wisconsin Triterium Triathlon on Saturday,
June 22nd
Motion by Hoechst, seconded by Harrison to approve a Special Event Permit
Application from J. Garrett Wilson, Race Day Events, for the Wisconsin Triterium
Triathlon on Saturday, June 22nd. Motion carried 2-0.
10. Discussion and Possible Action Re: Ordinance No. 24-1053 Creating Title 7,
Chapter 14 of the Code of Ordinances, Sidewalk Café Permits
Hoechst stated that he supports outdoor dining and the concept, but he would like
a minimum width requirement for space in the sidewalk café. He also stated that he
had concerns about a business being able to take up the entire width of a building
when they only had 1 unit in the building. He suggested that staff look at examples
from Minneapolis and other cities that had width requirements. Hoechst stated that
a 2-foot setback at minimum and 4 feet for ADA were non-negotiable.
Harrison agreed with Hoechst comments. He added that he would like to expand
the morning hours so that businesses other than bars could participate.
The committee took no action on this item. It will go before the Common Council for
discussion this evening.
11. Adjournment: Motion by Harrison, seconded by Hoechst to adjourn at 7:23 p.m.
Motion carried 2-0.
Respectfully submitted,
Holly Licht, City Clerk
PUBLIC SAFETY AND WELFARE COMMITTEE—May 28, 2024
5. Discussion and Possible Action Re: Special Event Permit Application from Paul
Schupmann, Resurrection Lutheran Church, for a Wind Ensemble Concert on
Thursday, July 11, 2024
Resurrection Lutheran Church is hosting a 30-40 wind ensemble band. The concert
is open to the public and church members. They will be serving brats and burgers.
The event is free. Parking will be in the City Hall and Ice Arena lot. They expect
around 200 attendees.
Motion: Approve a Special Event Permit Application from Paul Schupmann,
Resurrection Lutheran Church, for a Wind Ensemble Concert on Thursday, July 11,
2024.
6. Discussion and Possible Action Re: Special Event Permit application and
Temporary Class “B” Fermented Malt Beverage License from Robert Priboth,
Verona Little League, for Hometown Days Fundraiser on Saturday, June 1, 2024
The Verona Little League will be hosting a tournament on June 1st and is requesting
a temporary license to sell beer for a fundraiser. Beer will be sold/consumed on the
upper balcony of the complex. There is one entrance/exit to the upper balcony, and
someone will be stationed there to check IDs and issue wristbands. The building
inspector has limited the total number of people on the balcony to 66. Staff
recommends approval contingent upon final background check and issuance of
operator licenses for the event.
Motion: Recommend that the Council approve a Special Event Permit application
and Temporary Class “B” Fermented Malt Beverage License from Robert Priboth,
Verona Little League, for Hometown Days Fundraiser on Saturday, June 1, 2024
contingent upon final background check and issuance of operator licenses for the
event.
7. Discussion and Possible Action Re: Ordinance No. 24-1053 Creating Title 7,
Chapter 14 of the Code of Ordinances, Sidewalk Café Permits
The ordinance is a request from Toot + Kates to allow for a sidewalk café in front of
their business, but applies citywide. The ordinance was created in an effort to liven
public sidewalks, but also to keep public safety in mind. Sidewalk cafes must be set
back 2 feet from the back of the curb to allow for street parking and traffic, have a 3-
sided barrier, and must allow for a clear 4-foot path on the sidewalk to comply with
ADA requirements. As proposed, the sidewalk café would be an annual permit that
coincides with the liquor license year and other city-based permits (July 1 - June 30).
The revised ordinance attempts to accommodate business interests while
accounting for public safety. Staff received feedback from elected officials and
businesses, and the ordinance is the result of various compromises among
competing concerns and interests.
Motion: To recommend that the Council approve Ordinance No. 24-1053 Creating
Title 7, Chapter 14 of the Code of Ordinances, Sidewalk Café Permits.
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ORDINANCE NO. 24-1053
AN ORDINANCE CREATING TITLE 7, CHAPTER 14, SIDEWALK CAFÉ PERMITS,
OF THE CODE OF ORDINANCES, CITY OF VERONA
The Common Council of the City of Verona, Dane County, Wisconsin, do ordain that
Title 7, Chapter 14 of the Code of Ordinances, City of Verona, Wisconsin is hereby created to
read as follows:
Chapter 14 – Sidewalk Café Permits
Sec. 7-14-1 Purpose.
The purpose of this Chapter is to enliven downtown and other areas of the City of Verona
and to provide opportunities for social and economic activities. The Common Council
finds and determines:
(a) There exists the need for outdoor dining facilities in certain areas of the City
to provide a unique environment for relaxation, social interaction, and food
consumption.
(b) Sidewalk cafés will permit enhanced use of the available public rights-of-
way, will complement business operations operating from fixed premises, and
will promote economic activity in the City.
(c) The existence of sidewalk cafés encourages additional pedestrian traffic but
may impede the free and safe flow of pedestrians such that a need exists for
regulations and standards to ensure public safety.
(d) The establishment of permit conditions and safety standards for sidewalk
cafés is necessary to protect and promote public health, safety and welfare.
Sec. 7-14-2 Definitions.
The following definitions shall be applicable in this Chapter:
(a) Alcoholic Beverages. Fermented malt beverages and intoxicating liquors as
defined in Wis. Stat. § 125.02 (1), (6), and (8) or any other successor to that
statute.
(b) Sidewalk Café. An expansion of a restaurant, bistro, coffee shop or other
establishment offering beverages or food that provides seating for more than 3
people in the form of a group of tables, chairs, benches, trash containers and
suitable decorative devices that is maintained upon any part of the sidewalk
for which a permit is issued under this Chapter 14. Only food or beverages
may be served by the permitted premises to patrons in the sidewalk café.
Sec. 7-14-3 Location.
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(a) No permit shall be issued for a sidewalk café located within fifty (50) feet of
property occupied by a residential use in a residential zoning district.
(b) Subject to subsection (d) of Section 7-14-3, a sidewalk café shall only be located
immediately adjacent to the permittee’s place of business.
(c) The location of the sidewalk café is subject to review by the Public Safety and
Welfare Committee and the Common Council.
(d) The permit holder may place additional tables on the public sidewalk or private
property immediately adjacent to the permit holder’s place of business provided
that:
i. The additional sidewalk proposed to be used is in front of another
commercial use that does not qualify to obtain a sidewalk café permit;
ii. When the sidewalk café is to be located upon frontage of a private
contiguous property or business, the permit holder has provided to the City
the written consent of the business occupant, or owner if there is no business
occupant, of the private contiguous property or business in front of which
the additional tables will be placed; and
iii. Upon receipt of notice from the business occupant, or owner if there is no
occupant, of the property in front of which the sidewalk café will be located
that the occupant has revoked the consent required in this subsection, the
permit holder shall promptly vacate the public sidewalk not along its own
frontage.
Sec. 7-14-4 Application.
Application for a permit to operate a sidewalk café shall be submitted to the City Clerk annually
by May 1st and must include the following:
(a) A site sketch accurately depicting the dimensions of the existing sidewalk area or
other public property and adjacent private property, and which sketch shall identify
the proposed location of the sidewalk café, including the layout of any furnishings.
(b) The size and number of tables, chairs, steps, planters, location of doorways, trees,
signposts, hydrants, sidewalk benches, trash receptacles, heaters, traffic signal poles,
light poles, and any other obstructions, either existing or proposed.
(c) The location and type of the fencing required under Section 7-14-10.
(d) If the applicant intends to sell or serve alcoholic beverages to patrons of the sidewalk
café, the applicant must obtain the appropriate alcohol beverage license describing and
including the outdoor area where alcoholic beverages will be sold, served, or consumed
on the sidewalk café.
(e) The permittee shall be responsible for complying with the approved sidewalk café plan
as submitted in the initial permit application.
(f) Notwithstanding the preceding subsections, an applicant may file an application for a
new sidewalk café permit at any time throughout the year. For avoidance of doubt, the
May 1 date identified in the introductory paragraph is intended to cover an application
for a renewal of a sidewalk café permit.
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Sec. 7-14-5 Granting of License.
(a) No permit shall be granted to any premises for which taxes, assessments, forfeiture, or
other financial claims of the City are delinquent and unpaid.
(b) Opportunity shall be given by the Common Council to any person to be heard for or
against the granting of the permit. Upon approval of the permit by the Common
Council, the City Clerk shall issue the permit, upon receipt of payment. If the Common
Council denies the permit application, the City Clerk shall provide the applicant the
reasons for the denial in writing.
Sec. 7-14-6 Permit and Fees.
(1) The permit shall be applied for annually. The permit year shall start on July 1st of each
year and end on June 30th of each year.
(2) The fees for this license shall be per the City fee schedule contained in Title 3, Chapter
6 of the Code of Ordinances.
(3) The permit issued hereunder shall not be transferable by the permit holder to any other
business or any subsequent owner of the business.
Sec. 7-14-7 Days and Hours of Operation.
Sidewalk cafes can be operated from March 15 to November 15, with hours of operation
from 7:00 A.M. to 10:00 P.M. on Sunday through Thursday, and with hours of operation
from 7:00 A.M. to 11:00 P.M. on Friday and Saturday. Operation of a sidewalk café outside
of those days and hours is prohibited.
Sec. 7-14-8 Suspension or Revocation of Permit.
The City Clerk or Chief of Police, upon obtaining reasonable information that any
permittee has violated any provision of this Chapter 14, or any state or federal law, may
immediately suspend or revoke a permit granted under this Chapter pending a hearing
before the Common Council.
Section 7-14-9 Liability and Insurance.
No person may obtain a sidewalk café permit unless the person procures commercial
liability insurance.
(a) The permittee must maintain insurance in the amount of $1,000,000 per
occurrence and name the City of Verona as an additional insured showing how
the coverage extends to the area used for the sidewalk café. The permittee must
provide the City with a certificate of insurance.
(b) As a condition of the sidewalk café permit, the permittee must indemnify and
hold the City harmless from any claims arising from the use of the permit and
execute an indemnification agreement approved by the City.
Section 7-14-10 Standards and Conditions.
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(a) The sidewalk café must be enclosed with a three-sided fence that is at least 42 inches
in height. The fence must be approved by the Public Safety and Welfare Committee
and the Common Council. The fence shall be made of wood, metal, or like material
and designed as a secure barrier between the sidewalk café and the adjacent street. The
fence shall be set back at least 2.0 feet from the back of the curb to allow for room for
parallel parking and safety from vehicular traffic. For avoidance of doubt, the fence
shall be sturdy and heavy enough such that it is not blown into the public street or
public sidewalk.
(b) The permittee shall maintain at least a four-foot-wide unencumbered, open, and
accessible portion of the sidewalk for pedestrian traffic safety at all times. The
permittee shall comply with all applicable requirements of the federal Americans with
Disabilities Act and all applicable federal, state, and local laws.
(c) The permittee shall provide for the removal of garbage from the sidewalk café and be
responsible for the cleanliness of the sidewalk café. The permittee shall not allow
garbage or other materials from the sidewalk café to blow, or otherwise get, into the
streets or sidewalks.
(d) The use of public sidewalk as a sidewalk café is not an exclusive use for the benefit
of the permittee, and the permittee shall not have or gain any vested rights in the
sidewalk café. All public improvements, including, but not limited to, trees, light
poles, traffic signals, manholes, or any public initiated maintenance procedures shall
take precedence over the use of the sidewalk café at all times.
(e) The Chief of Police, or their designees, may temporarily order the termination of a
sidewalk café for the any of following reasons, including, but not limited to: special
events, construction, parades, sponsored runs or walks, or for any reason to maintain
the health, safety, and welfare of the public. The permittee is responsible for removing
any furniture, furnishings, and equipment upon such temporary termination, and if the
permittee fails to do so, the City may remove the furniture and other items and store
them, if necessary, at the permittee's expense.
(f) No sidewalk café shall be located within ten (10) feet of a fire hydrant, curb cut, or
cross walk.
(g) (g) The furnishings utilized for the sidewalk café, including the fencing approved under
subsection (a) of this Section 7-14-10, may remain in place from March 15 to
November 15, subject to suspension or termination of the sidewalk café permit and
subject to subsections (d) and (e) of this Section 7-14-10.
Section 7-14-11 Furnishings.
All furniture, furnishings, and equipment must be of safe, sturdy construction and
maintained in good repair. Any heaters or other equipment/furnishings must be portable
and approved for outdoor use. All umbrellas must be anchored in such a way that a sudden
burst of wind will not lift them out of their holders or blow them over. No public property,
including, but not limited to, light poles, utility poles, flower planters, trees or other
amenities may be used as a point of attachment for anything, including, but not limited to,
ropes, posters or signs.
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Section 7-14-12 Lighting.
The permittee shall keep the sidewalk café area sufficiently illuminated so as to prevent
injury to persons using the same. Any lighting of the outdoor area must be shielded so as
not to shine directly onto adjoining property or the public street or create a glare which is
distracting to adjoining property or vehicles traveling in the public right-of-way.
Section 7-14-13 Music/Noise.
Noise from any source that is emitted from the outdoor area must not exceed the standards
stated in Section 11-2-7 of the City of Verona Code of Ordinances.
Section 7-14-14 Serving of Alcoholic Beverages.
The City of Verona allows permittees to serve alcoholic beverages in sidewalk cafes,
provided the permittee complies with all requirements for obtaining an alcoholic beverage
license and the sidewalk café is listed on the alcoholic beverage license application
premises description. Alcohol may be served at a sidewalk café if:
(a) The permittee has a valid and appropriate retail alcohol beverage license for the
principal premises.
(b) No alcoholic beverages may be served at any time if the establishment has not
received Common Council approval for the amendment of the premises under
its alcoholic beverage license that includes the area of the public sidewalk
where the sidewalk café is located. Further, the alcoholic beverage license will
be automatically conditioned at the time of the amending of premises to allow
for the consumption of alcoholic beverages within the sidewalk café area only.
Approval of the amendment of premise area (sidewalk café) does not grant any
permittee or licensed premise any vested rights and such approval may be
suspended, revoked, or non-renewed without cause being shown.
(c) The outdoor area used for consumption of food and alcoholic beverages must
be visible from the interior of the establishment.
(d) Alcoholic beverages must be sold and served by the permittee or permittee’s
employees who have operator’s licenses and sold, served, and consumed by
patrons seated at tables in the sidewalk café. (Reference Wisconsin Statutes
sections 125.32(2) and 125.68(2)).
(e) The permittee shall not allow patrons of the sidewalk café to bring alcohol
beverages which were not purchased at the establishment into the sidewalk
café, or carry open containers of alcohol beverages in the sidewalk café area,
or carry open containers of alcohol beverages served in the sidewalk café
outside of the sidewalk café area.
(f) The permittee shall display signage indicating alcohol may only be consumed
by patrons seated at tables in the sidewalk café.
(g) Alcoholic beverages shall be dispensed inside the establishment. No food
preparation or beverage dispensing equipment is permitted in the sidewalk
café area except when permitted by a city issued special event permit.
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(h) The permittee is responsible for the acts of all employees, patrons, and agents
of the business. A violation of any provision of this section, any City
ordinance, or Wis. Stat. Ch. 125, by a patron, agent, or employee of the
permittee, shall constitute a violation by the permittee.
Section 7-14-15 Penalties.
Any person who violates any provisions of the Chapter shall be subject to a penalty as
provided in Title 1, Chapters 1 and 2 of the City of Verona Code of Ordinances.
Additionally, failure to comply with any provisions of this Chapter may result in the
withholding of approval on any subsequent permit applications for this or other permits
required by the City.
The foregoing ordinance was duly adopted by the Common Council of the City of Verona
at a meeting held on __________________, 2024.
CITY OF VERONA
Luke Diaz, Mayor
(seal)
Holly Licht, City Clerk
ADOPTED:
PUBLISHED:
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