TIME: 5:30 p.m. - City of Waterloo

136 N. MONROE STREET, WATERLOO,
WI 53594
PHONE (920) 478-3025
EMAIL [email protected]
FAX
(920) 478-2021
PUBLIC NOTICE OF A COMMITTEE MEETING
OF THE COMMON COUNC¡L OF THE CITY OF WATERLOO
Pursuant to Section 19.84 Wisconsin Statutes, notice is hereby given to the public and to the news media, that the
following meeting will be held.
GOMMITTEE: Public Safety & Health Committee
Thursday, March 6,2014
DATE:
LOCATION:
TIME: 5:30 p.m.
Police Training Room, Municipal Building, 136 N. Monroe Street
1.
CallTo Order & Roll Call
2.
Meeting Minutes Approval: December 5,2013 and January 2,2014 (no meeting minutes) and February 6,
2014
3.
Citizen lnput
4.
New Business
a.
b.
c.
d.
Residency Requirements for Officer Rupprecht
Application for Special Event or Entertainment License - Midwest Athletes Against Ghildhood
Cancer Inc. (MACC Fund)On June 7,2014***
lnterpreting 126-2 Keeping Of Poultry and Livestock To Mean A Prohibition On Pot-bellied Pigs In
Residential Districts
Review Of Legal Services, Neuberger, Wakeman, Lorenz, Griggs & Sweet Note: [The Committee
may convene to closed session. The statutory exception for the closed session is Wis. Statute 19.85(1Xf)
"Considering financial, medical, social or personal histories or disciplinary data of specific persons,
preliminary consideration of specific personnel problems or the investigation of charges against specific
person except where par (b) applies, which if discussed in public, would be likely to have a substantial
adverse effect upon the reputation of any person referred to in such histories or data, or involved in such
problems or investigations." Upon conclusion of the closed session the Committee will reconvene in open
session.l
5.
Future Agenda ltems And Announcements
*.. See Council Packet
Members:
Vân Holten
Printed, Posted. Emailed and Distributed: March
2014
PLEASE NOTE: lt 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 meeting(s) to gather information. No action will be taken by any governmental body other than that specif¡cally noticed. Also,
upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional
such services Dlease contact the clerk's office at the above location.
information or to
Page 1 of
I
l:\AGENDAS MINUTES\2014\C0MMITTEES\PUBLIC SAFETY & HEALTH C0MMITTEEU()14-03-06 PUB SAFETY AGENDA.D0C
)
Ùufin074
OfficerRupprecht
CityofV/aterloo and the Watedoo Professional
Police Assocratiqn Article 12 States you ane rquired to live within 15 miles ofthe,
City of \lraterloo ftom hislher hire date. Chief I]romas granted you an ex{e¡sion not
knowing if we would lose a position within the De,partment at the end of 2013. You
agreed to those ter,ms qnd are oblig¿ted by contract to liræ within 15 milæ ofth€ Cify
of Watøloo. I have granted. pu till t7¡01t2014 to move within 15 miles of the City of
Fer The Agreønent betrvcen the
W"aterloo.
ChiefDenis P. Sorenson
C,te êöGÅ f '8^--*
)
Citv Hall
Erom:
)nt:
Luann Alme [email protected]þpa.com]
Monday, February 24,2014 9:12 AM
to:
City Hall
Subject:
Attachments
FW: Letter to W.aterloo Ofc,Ruppreeht ref resideney
Letter to WPD Ofc. Rupprecht.pdf
M0Here is the letter that Officer Ruporecht received from Dennis Sorenson. Please let me know when this might go to à
committee/couneil as I would like to be present at the meet¡ngis).
Thanks!
Luann
Lt¡ø*twJ. Al/n4p
Business Agent
\Mseonsin Professional Police Association
)
Citv Hall
Erom:
int:
fo:
Subject:
City of Waterloo, Mayor [[email protected]]
Monday, February 24,2014 1 1:20 AM
'City Hall'
RE: Letter to Waterloo Ofc.Rupprecht ref residency
Okay to set it for action on the 6th, but how was Tim able to grant an extension without going through the appropriate
channels ? I don't recall the initial action granting an exemption to the residency requirement but even if it was granted,
the Chief doesn't have the authority to unilaterally grant an extension.
From: City Hall fmailto:[email protected]]
Sent: Monday, February 24,2014 10:17 AM
To: Bob Thompson Traveling; City of Waterloo, Mayor
Cc: [email protected]
Subject: FW: Letter to Waterloo Ofc.Rupprecht ref residency
Bob,
I received a callfrom Luann Alme about a letter Officer Rupprecht received from the Lieutenant regarding the contract
and residency requirement.
ln2013TimgaveaverbalextensionwithoutCouncilapproval. Hedidn'tsendRupprechtletter, OnFebruary17,2O'J-4
the Lieutenant sent the attached letter to Rupprecht. Luann is calling for action per the terms of the contract which
state that an extension is granted by Council action.
Jo not see any such Council action on file. I would recommend that this item be before the Public Safety & Health
Committee on March 6th.
Mo Hansen
Clerk/Treasurer
From: Luann Alme lmailto:[email protected]
Sent: Monday, February 24,20L4 9:12 AM
To: City Hall
Subject: FW: Letter to Waterloo Ofc.Rupprecht ref residency
MoHere is the letter that Officer Rupprecht received from Dennis Sorenson. Please let me know when this might go to
committee/council as I would like to be present at the meeting(s).
Thanks!
Luann
Lu,ø,vtwJ. AlJyrlle/
Business Agent
'l/isconsin Professional Police Association
a
AGREEMENT BETWEEN THE
CITY OF WATERLOO
AND THE
WATERLOO PROFES SIONAL POLICE AS SOCIATION
Wisconsin Professional Police Association
Law Enforcement Employee Relations Division
2012 -2014
C \Documents
md Settings\PC4\Local Settings\Temporary Internet Files\Content Outlook\sJTFMFQg\Waterloo PD 2012-2014 FINAL doc
Oct 2B¡ 2011 (9:04r14)
within thirty (30) days of the close of the hearing or
1
(E) The Arbitrator shall render
2
within thirty (30) days of receipt of the last briefs filed in connection with said hearing.
a decision
J
4
Section 11.05 Exclusive Remedy of Comp.laint
5
The grievance procedure set forth herein shall be the exclusive remedy for any complaint of any
6
employee
as
to any matter involving the interpretation or application of this agreement.
7
I
ARTICLE XII . RTSIDENCY
9
10
An employee shall be required to live within fifteen (15) miles of the City of Waterloo within
11
one year of his/her hire date, except as granted by the Common Council of the City.
t2
ARTICLE XIII . HOURS OF EMPLOYMENT
13
t4
15
Section 13.01 Normal Work Day and Week
16
The normal work clay shall consist of an eight (8) hour shift. The normal work week shall
t7
average forty (40) hours per week based on a fifty-two week year.
18
T9
Section 13.02 Normal Work Schedule
20
(A) The normal work schedule shall be six (6) work days and two (2) clays off, four consecutive
2l
times (6-2 four times), six (6) work days and three (3) days off (6-3), and five (5) work days and
22
three (3) days off (5-3), subject to section 13.02(B) below.
23
24
(B) When full staffing levels of the police department are reached, the City and the Association
25
agree to meet and discuss the implementation of a work schedule change.
26
27
28
C \Ðocume0ls and Settings\Pc4\L{cal Sett¡ngs\Temporary lnt€rnet F¡les\Content Outlook\sJTFMFQ9\Waterloo PD 20l2-2014
oct 28,2011
(9:04;14)
FINAL doc
City of Waterloo, WI
http:
//ecode360.com/prinlWA224 8?guid:g
83
7986
City of lA/aterloo, WI
Manday, March 3, zot4
Chapter L26. ANIMALS
$ 12 6-2.I(eeping of
poultry and livestock.
[Amended by Ord. No. 96-r]
No person shall keep or maintain any poultry or fowl or any livestoc( such as horses, cattle,
sheep or goats, in any zoning district except agricultural districtq except that pon¡es and horses
may be permitted in any residential district as a conditional use provided that the residentíaf
parcel contains at least two acres of land which is designated "floodplain" per animal available
for pasture, maintenance or running of said animal, and further provided that any such animals
are contained within a fence, no part of which is closer than zoo feet to any resídence other
than the residence of the owner of the animals.
1of I
31312014 9:23
AM
City Hall
Timothy D. Fenner [[email protected]]
Monday, March 03, 2014 10:15 AM
'City Hall'
Andrea V. Roth
RE: Pets in residential districts and potbellied pigs
From:
Sent:
To:
Gc:
Subject:
Mo:
Good morning! The issue presented
is
whether or not a potbellied pig may be kept within the city limits.
Chapter 126 of the Waterloo code relates to "animals". That chapter uses a number of words in any number of contexts.
For example, the general rule is that no person having in his possession or under his control "any animal or fowl", shall
allow the same to run at large. There's another rule: No person shall keep or maintain "any poultry or fowl or any
livestock " in any zoning district, except agricultural districts. Additionally, Dogs must be licensed.
The task is to apply chapter 126 to potbellied pigs. Pigs are certainly animals. However, are they "livestock "for purposes
of the ordinance.? The code does not define the term livestock. A dictionary definition defines livestock as "animals
kept or raised for use or pleasure; especially: farm animals kept for use and profit ." That definition is incredibly broad,
and would include many animals which the ordinary person would not consider to be livestock eg. . a lion cub kept for
"pleasure" can be an animal kept for pleasure but one would not consider it to be livestock . Fortunately, I think that
Wisconsin statutes provide some clarity. lt should be noted that Chapter 126 of the Waterloo code is intended to
implement a number of provisions of chapter 174 of the Wisconsin statutes. That is the chapter entitled "Dogs ".
Although the chapter focuses on dogs, it does discuss other issues and does use the term "livestock ". Section 174.001.
(3) Stats defines livestock as "... any horse, bovine, sheep, goat, pig, llama, alpaca, domestic rabbit, farm raised deer ....
or domestic fowl ...." Using this definition, a potbellied pig is certainly livestock; and would be prohibited under the
ordinance.
As you know, many municipalities around the state have faced the issue of allowing chickens and/or potbellied pigs to
be kept as pets and/or providing for personal consumption of agricultural products. ln order to do so, municipalities
have routinely amended their ordinances to address the specific uses. At this point in time, if the city of Waterloo is
contemplating allowing poultry and/or pigs, I believe that it's ordinances have to be amended to specifically address
those animals and all of the attendant issues that will arise from the activities of these animals.
Attorney Timothy D. Fenner
Axley Brynelson, LLP
d: 608.283.6733 | c: 608.219.8169
[email protected]
Sign up for Axley Email Alerts >
v-cARD lwEB I MAP
2 E. Mifflin St., Ste 200
.
Madison, Wl 53703 . P.O. Box 1767 .53701-1767 . Fax:608257.5444
strictly prohibited and you may be subject to legal restrictions or sanctions. Ifyou have received this communication in enor or are not sure whether it is confidential, please
immediately notify us by retum email or telephone at (608)257-5661 and destroy all copies. To ensure compliance with requirements imposed by the IRS, we inlorm you that any
the Intemal Revenue Code or (ii) promoting, marketing or recommending to another p¿rty any transaction or matter addressed herein.
From : City Hall fmailto :[email protected] us]
Sent: Monday, March 03, 2014 9:18
To: Timothy D. Fenner
AM
Cc: [email protected] us
Subject: FW: Pets in residential districts and pot-bellied pigs
Tim,
We
Canyouofferalegalopiniononwhetherornotpot-belliedpigskeptaspetsareprohibitedintheCityofWaterloo.
p.ffi.,
â reply in advance of that evening
have a meeting of the Public Safety & Health Committee Thursday at 7:00
meeting would be appreciated.
ln summary: l've putforward the information below. The Mayoris recallinga past interpretation differentthan what
l've told the public. Lieutenant Sorenson forwarded the attached definition this morning which includes hogs as
livestock.
-Mo
From: City Hall [mailto:[email protected]]
Sent: Friday, February 28,20L4 3:32 PM
To: 'Robeft Thompson'
Subject: RE: Pets in residential districts and pot-bellied pigs
Got it.
-Mo
From: Robeft Thompson Imailto:[email protected]]
Sent: Friday, February 28,20L4 3t24 PM
To: City Hall
Subject: Re: Pets in residential districts and pot-bellied pigs
Mo,
Referthis to the public safety committee. ln the past lknow pot bellied pigs have been specifically prohibited. Maybe
they need to amend the ordinance to address this before someone does move into the City with a pig.
Bob
Sent from my iPad
On Feb 28,2014, at 9:31 AM, "City Hall" <[email protected]> wrote:
Denis,
A note on pot-bellied pigs as pets (below is a link to the code online). This week seems to be the week
for questions about animals. We've been fielding several.
to stating that the keeping of fowl is prohibited.
moving to Waterloo called regarding keeping a potmorning
individual
considering
2. This
another
bellied pig as a pet in a residential district. The answer we have consistently given over time for a pig as
1. The inquiries about hens have been replied
2
a pet is that the prohibitions listed in 126-2 don't cover a hog kept as a pet. And the pet may not be
kept for kept for meat or for profit.
It comes down to the definition of the work livestock. The ordinance does not mention pigs or hogs, but
does specifically mention other animals. Additionally, the dictionary definition of livestock is: "Domestic
animal such cattle or horses, raised for home use or profit." (American Heritage Dictionary).
Because the households that have inquired on this topic are keeping the pig as a pet and not for
slaughter or for profit, and the animal type is not specifically referenced as prohibited, I have replied to
the person today and to persons asking in times past, that a pot-bellied pig as pet is not prohibited.
THE TEXT FROM 126-2... "No person shall keep or maintain any poultry or
fowl or any livestock, such as
horses, cattle, sheep or goats, in any zoning district except agricultural districts, except that ponies and
horses may be permitted in any residential district as a conditional use..."
NOTE.., ln every case those asking are made aware that animals may not run at large and must be kept
under control.
Chapter 1-26:ANIMALS
I 126-2Keeping of poultry and livestock.
http ://ecode360.co m/9837986
Mo Hansen
Clerk/Treasurer
City of Waterloo
136 North Monroe Street
Waterloo, WI 53594-1198
email - [email protected] us
website - http: //www.waterloowi.us
voice - 920-478-3025
<image001.gif> tit<e waterloo on Facebook
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Livestock Law &,Legal Definition
Page
I of7
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Livestock Law & Legal Ðefïnition
Livestock is usually defined to
refer to horses, mares, mules,
jacks, jennies, colts, cows, calves,
yearlings, bulls, oxen, sheep,
goats, lambs, kids, hogs, shoats
Ready fcr
and pigs. States regulate livestock
Meaningful Use?
to promote health and welfare and
prevent damage and injury caused
theck yûur eligibiiity, l*arn æbçut
by their uncontrolled roaming on
çrit*r i,:, åJRrJ eårfi ine*r¡tive:.
others'property. There often are
statutes that regulate the
obligations of livestock owners to
keep their livestock off of public
highways and that provide for
liabilþ when livestock wander onto the public road and collide with a
motor vehicle or railway train.
tþpr*rtice
fusion
The following is an example of a state statute regulating livestock:
a. " The owner of such livestock or animal being orrunningatlarge upon
the premises of another or upon the public lands, roads, highways or
streets in the State of ... shall be liable for all damages done to crops,
shade or fruit trees or ornamental shrubs and flowers of any person, to
be recovered before any court of competent jurisdiction; provided, that
http
:
II
definitions.uslegal. com/l/livestocV
3t3t2014
Page 2 of 7
Livestock Law &, Legal Definition
the owner of any stock or animal shall not be liable for any damages to
any motor vehicle or any occupant thereof suffered, caused by or
resulting from a collision with such stock or other animal, unless it be
proven that such owner knowingly or willfully put or placed such stock
upon such public highway, road or street where such damages were
occasioned.
b. The judgment of the court against the owner of such livestock or animal
so depredating shall be a lien superior to all other liens on the livestock
or animal causing the damage, except as to taxes."
Ðeli*ition List
Relatcd Terrns
Livery of Seisin
Liverv Convevance
Tetms rvith 'Liveslacli'
Intensive livestock Operation
Livestock Depredation Area
Livelihood
Live-in Aide
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>> l,ivestack
Livestock Denredation Area
Livine Benefits (Health Care)
Living Constilution
Living Matter [Patent Lawl
Livine Or¡artels 4llawa!çell-QÂl
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31312014