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COMMITTEE OF THE WHOLE Packet - 11/25/2014 CITY OF MUSKEGO COMMITTEE OF THE WHOLE AGENDA November 25, 2014 6:35 PM City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF AGENDA APPROVAL OF MINUTES NEW BUSINESS UNFINISHED BUSINESS 1. Continued discussion of Fireworks Ordinance COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT Possible reconvening of the Committee of the Whole immediately following Common Council Meeting of the same date to continue work on agenda items NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, MUSKEGO CITY HALL, (262) 679-4100. Unapproved CITY OF MUSKEGO COMMITTEE OF THE WHOLE MINUTES November 11, 2014 6:00 PM City Hall, W182 S8200 Racine Avenue CALL TO ORDER The meeting was called to order at 6:00 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present: Mayor Kathy Chiaverotti, Alderman Hammel, Borgman, DiPronio, Engelhardt, Kuback, Madden, City Attorney Larsen, Chief Moser, Fire Chief Wojnowski, Secretary McMullen. STATEMENT OF PUBLIC NOTICE Secretary McMullen stated that this meeting was noticed in accordance with the open meeting law. APPROVAL OF AGENDA APPROVAL OF MINUTES - October 14, 2014 Alderman Kubacki made a motion to approve the minutes of October 14, 2014; Alderman Hammel seconded. Motion Passed 6 in favor. NEW BUSINESS Review of Fireworks Ordinance Mayor Chiaverotti referred to a memo sent to the Aldermen, which recaps previous Committee of the Whole discussions restricting permitting fireworks to a 3 day period - July 3, 4 and 5 between the hours of 4 and 11pm. Alderman Kubacki asked that the option for council to add a weekend day of their choice when the period falls in the middle of the week be added to the revision. Alderman DiPronio raised concerns over the language of the current ordinance in that it only addressed groups and not individuals. He also was concerned about the requirement of liability insurance or indemnity bonds for groups and not for individual permit holders, and discussion ensued over who was protected. Chief Wojnowski stated his understanding was that a homeowner whose house was damaged by fireworks would have to pursue civil action against their neighbor, and the victim's insurance company would cover costs. Alderman DiPronio stated he would prefer to suspend any permits until the language could be made clearer. Discussion included whether the City could be named in an individual homeowners liability policy, and if not what the City could require from individuals to ensure the City and homeowners whose properties might be damaged were protected. Mayor Chiaverotti stated that her understanding was that individual homeowner's insurance policies do not allow for a municipality to be named on a personal policy. Atty Larsen said that State law does allow for issuance of permits for individuals, but as he read the City's ordinance, he agreed that the language addresses groups only. He stated that the City could amend their ordinance to stop the issuance of fireworks by staff if that was the Council's wish. Alderman Borgman stated that he would not be in favor of pulling the ordinance altogether, but that restricting the days of use would be best. Alderman Hammel added that suspending permits would not stop people from using fireworks. Alderman DiPronio requested that the language in the ordinance related to individuals and what insurance is required of individuals and groups be made clearer. Mayor Chiaverotti said this could be addressed and brought back at a future meeting, even if the Committee voted to revise the ordinance to include the discussed restrictions. Alderman Borgman motioned, Alderman Hammel seconded to revise the ordinance to restrict the number of days to July 3, 4 and 5 between the hours of 4pm and 11pm, with the Council to add a weekend day of their choice. The motion passed 5-1 on a show of hands (Alderman DiPronio opposed). Discussion on Monthly Common Council Meetings and Public Comment Time Period for All City Meetings (Atty Larson) Atty Larsen stated that State law (Statute 62.11(2)) requires a Council to meet at least monthly, so the City could opt for a monthly meeting. He cited the Villages of Fox Point, Richfield and Summit among others do meet monthly, and that his firm did not represent any cities that do, although there are cities in Wisconsin that meet monthly. He offered to be present at a monthly meeting so he could deal with any legal issues that arose more proactively. Aldermen Borgman said that the Council had discontinued this practice due to the cost. Mayor Chiaverotti added that the 4th Tuesday of the month served as the best option because of Atty Larsen's schedule, and because it worked best with Plan Commission Public Hearings. Atty Larsen stated that the City would also need to review its codes, specifically on the number of readings (3) required for an ordinance. Discussion ensued on the possibility of going to a monthly meeting with the option of calling a special session when the need arose. By ordinance, Council meets twice monthly and meetings cannot be canceled, unless there is no quorum. Alderman Hammel asked about rewriting the ordinance to allow for cancelation, and Atty Larsen stated that there are two types of meetings - regular and special - and creating a hybrid meeting like this was not recommended. Aldermen DiPronio, Madden and Hammel stated they felt that they owed their constituents the opportunity to speak two meetings every month. Consensus to keep Council meetings at twice a month was unanimous (6-0). Update Regarding Management of Parks & Recreation Department Mayor Chiaverotti announced that Parks Program Manager Tammy Dunn will step into the Interim Director's position in the department. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Essential service operations - December 26th No discussion. ADJOURNMENT Possible reconvening of the Committee of the Whole immediately following Common Council Meeting of the same date to continue work on agenda items Alderman Kubacki made a motion to adjourn, Alderman Borgman seconded. Motion Passed 6 in favor. 9.03 SALE AND DISCHARGE OF FIREWORKS RESTRICTED.(Ord. #1367 – 02-12-2013) (1) STATE LAWS ADOPTED. The current and future statutory provisions of Wisconsin Statute, Section 167.10, regulating the sale and use of fireworks, except in so far as this ordinance is more restrictive as to use, exclusive of any provision therein relating to penalties, are hereby adopted by reference and made part of this code as though fully set forth herein. Any future additions, amendments, revisions or modifications of Wisconsin Statute 167.10 incorporated herein are intended to be made a part of this code, except in so far as this ordinance is more restrictive as to use. (2) SALE OF FIREWORKS. The current and future statutory provisions of Wisconsin Statute, Section 167.10, regulating the sale and use of fireworks, except in so far as this ordinance is more restrictive as to use, exclusive of any provision therein relating to penalties, are hereby adopted by reference and made a part of this code as though fully set forth herein. Any future addition, amendments, revisions or modifications of Wisconsin Statute 167.10 incorporated herein are intended to be made a part of this code, except in so far as this ordinance is more restrictive as to use. (a) The sale of “fireworks”, as that term is defined in Section 167.10(1), Wisconsin Statutes, is prohibited within the City of Muskego. (b) The sale of those items defined in Section 167.10(1)(e), (f), (i), (j), (k), (l), (m) and (n), Wisconsin Statutes, shall only be allowed after the seller of those items has been issued a license by the City of Muskego for that purpose. The license shall be issued pursuant to the provisions of Section 12.03 of the City of Muskego Municipal Code, and the provisions, procedures and conditions of that section shall apply, with the exception of the license fee. The fee for a license issued under this section shall be a $50.00 daily fee or an annual license fee of $500.00 to compensate for investigating and monitoring sellers and enforcing the provisions of this section. (c) In the event that any person holding a license under Section 9.03(2)(b), upon investigation by the police department, is issued a citation for selling “fireworks” as defined in Section 167.10(1), Wisconsin Statutes, all such fireworks shall be seized pursuant to the provisions of Section 167.10(8)(b), Wisconsin Statutes, and the person’s license issued under this section shall be suspended pending disposition of the citation. In the event the person is convicted of the violation, all fireworks seized shall be destroyed pursuant to the provisions of Section 167.10(8)(b), Wisconsin Statutes, and any license issued to the person under this section shall be revoked. (3) USE OF FIREWORKS. (a) The use of fireworks, as that term is defined in Section 167.10(1), Wisconsin Statutes, is prohibited in the City of Muskego unless the fireworks are used pursuant to a permit issued by the City of Muskego, according to the provisions of Section 167.10 (3), Wisconsin Statutes. A public authority, a fair association, an amusement park, a park board, or civic organization, a group of resident individuals and an agricultural producer for the protection of crops from predatory birds or animals may make application for a permit for use throughout the year pursuant to Section 167.10 (3) (c). A pyrotechnic professional must be hired to Formatted: Space After: 12 pt display the fireworks and the applicant or sponsoring organization must provide a copy of a certificate of liability insurance naming the City of Muskego as additional insured in the amount of $1,000,000.00 bodily injury to one person, $2,000,000 for injury to more than one person, and $1,000,000 for damage to property. (a)(b) An individual group of resident or non-resident property owner individuals may make application for a permit for use July 3, 4 or 5 from July 1 through July 7 each year. If the 4th of July falls on a Monday or Tuesday, the Saturday before will be allowed. If the 4th of July falls on a Wednesday or Thursday, the Saturday after will be allowed. A separate application must be submitted for each day use is intended. Each application must designate the individual responsible for the discharge of fireworks. All permit applications must be filed between May 1 and June 30. (b)(c) Any fireworks shall be subject to the following requirements: 1. Wind velocity shall not be more than 15 miles per hour as recorded by the U.S. Weather Bureau, Milwaukee, Wisconsin. 2. Wind direction at the time of use shall be away from buildings or other combustible materials and structures and shall not carry fireworks onto any adjoining buildings or cause annoyance or danger to other persons or property. 3. Sufficient firefighting implements and personnel shall be available at the scene to control any fire that may be caused by the fireworks. (c)(d) Fireworks may only be used between 11:00 A.M. 4:00 P.M. and 11:00 P.M. (d)(e) Only the individual or professional designated on the permit application may discharge fireworks and is responsible in case of a violation of this section. If the actual person that caused the illegal discharge cannot be determined, the homeowner, lessee or renter, if present, of the property where the illegal discharge of fireworks occurs, is responsible for the violation under this section. (e)(f) Upon conviction of any citation issued under this section, and/or written complaints filed with the City, or a written warning issued to an individual from the police department, a person’s application for a permit to use fireworks shall be reviewed by the Muskego Public Safety Committee by May 1. The failure of an individual to appear before the Committee will result in the individual’s application for a permit being denied. Any complaint must be submitted to the Committee by July 8. (f)(g) No person in the possession of fireworks pursuant to this section may resell those fireworks in the City of Muskego. (g)(h) The permit the city issues for the use of fireworks must be made available upon request of a police officer. In accordance with state statute, a copy of a permit shall be given to the municipal fire and law enforcement official at least 2 days before the date of authorized use. Formatted: Not Highlight Formatted: Superscript Formatted: Superscript (h) The type of indemnity bond or liability insurance that may be required pursuant to Wisconsin Statutes 167.10(3)(e) is required in the City of Muskego for all permit holders. (Ord. #912 – 03/20/97) (i) A fee for said permit shall be established from time-to-time by resolution of the City of Muskego Common Council and must be submitted at the time of application. (Ord. #912 – 03/20/97) (j) The Mayor, upon recommendation of the Fire Chief because of extreme dryness or drought, shall deem it necessary to place a temporary ban on fireworks. If the ban is not lifted within the permitted time frame allowing for at least 2 days remaining, the Common Council shall determine the remedy. Formatted: Highlight