AGENDA City Hall Forum - 100 State Street, Beloit, WI 53511 7:00 … · 2019-02-27 · Beloit City...

Beloit City CouncilMeeting Agenda - March 04, 2019

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AGENDABELOIT CITY COUNCIL

City Hall Forum - 100 State Street, Beloit, WI 535117:00 PM

Monday, March 04, 2019

1. CALL TO ORDER AND ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. SPECIAL ORDERS OF THE DAY/ANNOUNCEMENTS

4. PUBLIC HEARINGS

5. PUBLIC COMMENTS

6. CONSENT AGENDA All items listed under the Consent Agenda are considered routine and will be enacted by one motion. There will be no

separate discussion of these items unless a Council member so requests, in which event the item will be removed fromthe General Order of Business and considered at this point on the agenda.

6.a. Consider approval of regular minutes of February 18, 2019 (Stottler)Attachment

6.b. Referral to Plan Commission: Application for a Planned Unit Development (PUD) - Master LandUse Plan for the properties located at 1003, 1017, & 1021 Fourth Street, 117 Merrill Street, and1016 Third Street (Christensen)Attachment

6.c. Referral to Plan Commission: Application for a Zoning Map Amendment from C-3, CommunityCommercial District to PUD, Planned Unit Development District for the properties located at1003, 1017, & 1021 Fourth Street and 117 Merrill Street; and from R-3, Low-Density MultifamilyResidential District to PUD for the property located at 1016 Third Street (Christensen)Attachment

6.d. Referral to Plan Commission: Release of two feet of a utility easement located over 3745Eagles Ridge Drive (Christensen)Attachment

7. LICENSES7.a. Consideration of Resolution 2019-020 for approval/denial of 2017-2019 applicants for an

Alcohol Beverage Operator's (Bartender's) License for period February 12-26, 2019 (Stottler)Attachment

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/315392/02-18-19.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/311330/PUD-2019-01__Fourth-Merrill-Third__OReilly_Auto_Parts__Council_Referral.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/311385/ZMA-2019-03__Fourth-Merrill-Third__OReilly_PUD__Council_Referral.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/313775/RPB-2019-03__3745_Eagles_Ridge_Drive__Release_of_Utility_Easement__Council_Referral.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/314784/granicus-_Operators_new_template.pdf

Beloit City CouncilMeeting Agenda - March 04, 2019

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8. ORDINANCES 8.a. Consideration of Ordinance No. 3637 Amending the Zoning District Map from temporary R-1A

to permanent R-1A for the property located at 2032 E. Ridge Road (Christensen) PlanCommission recommendation for approval 5-0 Second readingAttachment

8.b. Consideration of Ordinance No. 3639 amending the Zoning District Map from C-1 to PLI for theproperty located at 916 Bushnell Street (Christensen) Plan Commission recommendation forapproval 4-1 Second reading Attachment

8.c. Consideration of Ordinance No. 3643 to create, to amend, and to repeal and recreate varioussections of Chapter 31 of the Code of General Ordinances of the City of Beloit pertaining toalcohol licensing requirements (Krueger) First readingAttachment

9. APPOINTMENTS The individuals named below have been nominated for a seat on a city board, committee or commission. Each

nomination is subject to confirmation by the City Council, approval of appointment will be accomplished by one motionunless a council member requests to take up a nomination separately, in which event the nomination will be removedfrom the General Order of Business and considered at this point on the agenda.

10. COUNCILOR ACTIVITIES AND UPCOMING EVENTS

11. CITY MANAGER’S PRESENTATION

12. REPORTS FROM BOARDS AND CITY OFFICERS

13. ADJOURNMENT

** Please note that, upon reasonable notice, at least 24 hours in advance, efforts will be made to accommodate theneeds of disabled individuals through appropriate aids and services. For additional information to request this service,please contact the City Clerk's Office at 364-6680, 100 State Street, Beloit, WI 53511.

Lorena Rae StottlerCity of Beloit Clerk-Treasurerwww.beloitwi.gov

City Council meetings occur on the first and third Mondays of the month. Meetings are televised on Charter CableAccess digital channel 992 and are live streamed via the Beloit Access Television (BATV) YouTube Channel. Councilmeetings are rebroadcast on Charter Cable Access digital channel 992 and are archived on the BATV YouTubeChannel for viewing at your leisure.

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/313782/ZMA-2019-01__2032_E._Ridge_Road__Permanent_R-1A__Council_Report_2nd_Reading.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/314367/ZMA-2018-08__916_Bushnell_Street__Council_Report__3-4-19.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/314148/Chapter_31_Changes__2019__2019023.pdf

Page 1 MINUTES February 18, 2019

PROCEEDINGS OF THE BELOIT CITY COUNCIL100 State Street, Beloit WI 53511City Hall Forum – 7:00pmMonday, February 18, 2019

1) CALL TO ORDER AND ROLL CALLPresident Leavy called the meeting to order at 7:11pm.

Present: Clinton Anderson, Sherry Blakeley, Regina Dunkin, Nancy V. Forbeck,Beth Jacobsen, Kevin Leavy, Mark Preuschl

Absent: None

2) PLEDGE OF ALLEGIANCE

3) SPECIAL ORDERS OF THE DAY/ANNOUNCEMENTS3.a Police Chief Zibolski introduced five new officers Michael Higuchi, Nicole Petitt,

Isaac Asche, Oscar Asilis, and Michael Doran. Department of Public WorksDirector, Laura Williamson introduced Jason Dupuis (Assistant City Engineer),Bill Frisbee (Water Resources Director), Dave Demarko (Fleet Manager) andScot Prindivil (City Engineer/Deputy Director of Public Works).

3.b Vice President Dunkin presented to Martin Densch, BIFF Board President AnaKelly and Artistic Director Greg Gerard a Proclamation honoring BeloitInternational Film Festival (BIFF) on its 14th Season. File 7148Attachment

4) PUBLIC HEARINGS4.a Community Development Director Julie Christensen presented Ordinance No.

3637 Amending the Zoning District Map from temporary R-1A to permanent R-1Afor the property located at 2032 E. Ridge Road for a first readingPresident Leavy opened the public hearing. No one spoke. President Leavyclosed the public hearing.The Planning & Building Services Division has submitted an application for aZoning Map Amendment from temporary R1A, Single-Family Residential Districtto permanent R-1A, Single-Family Residential District, for the property located at2032 E. Ridge Road in the City of Beloit.1. The City Council adopted an Ordinance attaching the subject property to the

City of Beloit on April 2, 2018.2. Section 4 of the Attachment Ordinance assigns a temporary zoning district

classification of temporary R-1A, Single-Family Residential District, anddirects the Plan Commission to initiate a permanent zoning districtclassification for the subject property. As staff to the Plan Commission,Planning staff has initiated this request.

3. The subject property is owned by John & Corrine Davis, and wasannexed/attached in order to connect their existing single-family home with afailing septic system to the City’s sanitary sewer. Planning staff has notified

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the owners of this permanent zoning request, which will not affect theallowable uses of the property.

4. The Plan Commission reviewed this item on February 6, 2019 and votedunanimously (5-0) to recommend approval of this Zoning Map Amendment.

Moved by Clinton Anderson – Seconded by Nancy V. Forbeck to lay over to theMarch 4, 2019 regular meeting for a second reading. Motion carried 7 – 0.File 8785AYES: Clinton Anderson, Sherry Blakeley, Regina Dunkin, Nancy V. Forbeck,Beth Jacobsen, Kevin Leavy, Mark PreuschlNOES: NoneAttachment

4.b Community Development Director presented Ordinance No. 3639 amending theZoning District Map from C-1 to PLI for the property located at 916 BushnellStreet for a first reading.Tim Befus, on behalf of Rock County Christian School, has submitted anapplication for a Zoning Map Amendment to change the zoning districtclassification from C-1, Office, to PLI, Public Land and Institutions, for theproperty located at 916 Bushnell Street.1. The subject property is currently the site of Rock County Christian School,

Beloit Campus.2. The purpose of the Zoning Map Amendment request is to change the zoning

to a more compatible district with the current use.3. The Comprehensive Plan Future Land Use Map recommends Office. The

applicant does not need to apply for a Comprehensive Plan Amendment asthe recommended land use category includes churches as an appropriateuse.

4. This application is being considered in accordance with the Zoning MapAmendment procedures contained in Section 2-300 of the Zoning Ordinance.

5. The Plan Commission reviewed this application on December 19, 2018requested it be laid for January 9, 2019 for the applicant and neighbors tomeet and discuss the request. The applicant met with neighbors but wasunable to reach a consensus. On February 6, 2018 the Plan Commissionvoted (4-1) to recommend approval of this Zoning Map Amendment.President Leavy opened the public hearing. Shawn Gillen, 905 Bushnell St spoke against the Zoning Map

Amendment because of the potential for installation of an EVM Digitalsign at school. He is against the zoning change because there is norecourse if this zoning change occurs and a sign is constructedafterwards. This is a historic neighborhood and a digital sign does not fit.

Mary Boros-Kazai, 917 Bushnell St spoke on behalf of herself and herhusband opposes the zoning change. She stated that Rock CountyChristian School has been a good neighbor but should the zoning beapproved, the sign could be installed without any recourse. The originalmotivation of this zoning request is for an EVM sign.

Larry Hansen of 2743 Scotties Drive spoke on behalf of Mary A Hansen620 Park Ave. He read her objection to this Zoning Map Amendment intothe record.

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Dr. Barbara Higgins, 905 Bushnell St is opposed to the ZMA and isconcerned about light pollution. RCCS is directly facing a historicneighborhood on a narrow street and an EVM would be intrusive.

Anita Williams, 911 Bushnell St stated she has lived in an R2 residentialdistrict since 1973 that is also part of the college park historical district.She explained that the RCCS’s original motivation for this zoning changeis to erect a sign upon approval. She asked for a change the Ordinance toeliminate the ability to get a sign after zoning changes.

President Leavy closed the public hearing.Moved by Sherry Blakeley – Seconded by Mark Preuschl to lay over to the March4, 2019 regular meeting. Motion carried 6 – 1. File 8806AYES: Clinton Anderson, Sherry Blakeley, Regina Dunkin, Beth Jacobsen, KevinLeavy, Mark PreuschlNOES: Nancy V. ForbeckAttachment

5) PUBLIC COMMENTS Earnest Calvin, 2419 Prairie Avenue thanked the Council for the letter answering

his concerns regarding the Prairie avenue resurfacing project. He read aloud aportion of the letter. He is still opposed to the median going on Prairie Avenueand disappointed that he will need to leave to the right out of his driveway andenter in from the right because of this median.

Kyle Klett, 2425 Prairie Avenue stated that Earnest is his neighbor and friend andit is difficult to see him this upset about the project; so he's speaking in support ofMr. Calvin’s argument. He said it may sound selfish to the council, but the projectwill make accessing their homes inconvenient moving forward.

Carol Thorson from 2413 Prairie Ave shares the same concerns as previousspeakers. It’s inconvenient for homeowners and businesses. Please reconsider.

Larry Hansen 2743 Scotties Dr. He and his wife attended all 3 of the engineeringmeetings and asked to reconsider the design near residential areas.

6) CONSENT AGENDAPreuschl asked to remove items 6c and 6d from the Consent Agenda.Moved by Regina Dunkin – Seconded by Nancy V. Forbeck to adopt 6.a-6.b and6.e-6.g. Motion carried 7 – 0.AYES: Clinton Anderson, Sherry Blakeley, Regina Dunkin, Nancy V. Forbeck,Beth Jacobsen, Kevin Leavy, Mark PreuschlNOES: None

6.a Consider approval of regular minutes of February 4, 2018 (Stottler)Attachment

6.b Referral to Plan Commission: Application for a Zoning Map Amendment fromtemporary R-1A to permanent R-1A for the property located at 1014 FroebelDrive (Christensen) File 8803Attachment

Moved by Nancy V. Forbeck – Seconded by Beth Jacobsen to lay over items 6.c and 6.dindefinitely to be brought back at a future meeting. Motion carried 7 – 0.AYES: Clinton Anderson, Sherry Blakeley, Regina Dunkin, Nancy V. Forbeck, BethJacobsen, Kevin Leavy, Mark PreuschlNOES: None

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6.c Consideration of Resolution 2019-009 approving the Turtle Creek Park MasterPlan (Williamson) Plan Commission recommendation for approval 5-0Attachment File 6132

6.d Consideration of Resolution 2019-017 Approving Phase 1 Improvements inTurtle Creek Park, specifically the construction of an open air pavilion and newparking area (Williamson) Plan Commission recommendation for approval 5-0Attachment File 6132

6.e Consideration of Resolution Authorizing Final Payment of Public Works ContractC18-25 WPCF Storage Building (Williamson) File 8789Attachment

6.f Consideration of Resolution 2019-015 authorizing application and acceptance ofa Firehouse Subs Public Safety Foundation Grant (Liggett) File 8792Attachment

6.g Consideration of Resolution 2019-018 approving Change of Agent on the Class"A" Beer retail license for Casey's Marketing Company d/b/a Casey's GeneralStore #3316, located at 2350 Cranston Road from Emma Monheim to SusanDean for period ending June 30, 2019 (Stottler) ABLCC recommendation forapproval 5-0 File 8790Attachment

7) LICENSES7.a Clerk-Treasurer Stottler presented Resolution 2019-018 approving 2017-2019

applicants for an Alcohol Beverage Operator's (Bartender's) License for periodJanuary 28 - February 12, 2019. There are 4 applications recommended forapproval and no denials.Moved by Sherry Blakeley – Seconded by Regina Dunkin to adopt resolution aspresented. Motion carried 7 – 0. File 8747AYES: Clinton Anderson, Sherry Blakeley, Regina Dunkin, Nancy V. Forbeck,Beth Jacobsen, Kevin Leavy, Mark PreuschlNOES: NoneAttachment

8) ORDINANCES8.a Department of Public Works Director Laura Williamson presented Ordinance No.

3640 to amend certain sections of the Index of Special Locations Section 13.02of the Code of General Ordinances of the City of Beloit, relating to theestablishment of multi-way stop signs along Central Avenue for a first reading.Councilor Forbeck was glad to be educated on specific reasons for this refusal bystaff. This request does not meet those reasons.The Engineering Division received a request from Lindsay Healless to changethe existing 2-way stop sign configuration to a 4-way stop sign at twointersections along Central Avenue.1. Ms. Healess stated she is concerned with vehicles speeding along CentralAvenue and the potential conflict with pedestrians in the area. 2. The currentspeed limit for Central Avenue is 25 MPH and neither intersection has arestricted view. 3. Neither intersection met the criteria for multi-way stop signinstallation which include: 5 or more relevant reported crashes in a 12-monthperiod (0 accidents at both locations in 2018), at least 300 vehicles per hour for 8hours along the major street (Central had just under 1200 vehicles over a 24-hour period), and enough units entering the intersection to cause a delay of atleast 30 seconds for vehicles entering the major street. 4. The Manual on

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Uniform Traffic Control Devices (MUTCD) recommends against the installing ofunwarranted signs. Most drivers are reasonable and prudent and have nointention of maliciously violating traffic regulations. However, when anunreasonable restriction is imposed, it may result in flagrant violations. In suchcases, the STOP sign can create a false sense of security in a pedestrian. 5. TheTraffic Review Committee reviewed the request at the January 28, 2019 meetingand voted 5-1 in favor of keeping the existing 2-way stop sign control in place.Moved by Sherry Blakeley – Seconded by Mark Preuschl to lay over. Motionfailed 2 – 5. Ordinance dies. File 7791AYES: Sherry Blakeley, Regina DunkinNOES: Clinton Anderson, Nancy V. Forbeck, Beth Jacobsen, Kevin Leavy, MarkPreuschlAttachment

8.b Department of Public Works Director Laura Williamson presented Ordinance No.3638 to amend certain sections of the Index of Special Locations Section 13.02of the Code of General Ordinances of the City of Beloit, relating to theestablishment of terrace parking along Central Avenue for a first reading.The Engineering Division received a request from David Wilson requesting theestablishment of angled terrace parking as a precursor to rezoning the propertyat 1400 White Avenue to allow commercial (retail) use.1. Mr. Wilson along with Mr. Otis Garrett, property owner, spoke with the City ofBeloit planning staff to discuss the potential options for rezoning the property at1400 White Avenue. The rezoning would require the establishment of off streetparking stalls. 2. The request for terrace parking would help the applicant meetthe needs of the customers while potentially providing some relief for the off-street parking requirements. 3. 60-degree terrace parking would allow between2-3 parking stalls to be established along Central however, the remaining totallane width of approximately 18’ would not allow for two-way travel. Also, theseverity of the stall angle and proximity to the intersection could cause potentialconflicts when vehicles are entering/exiting the parking area with vehicles tryingto turn south onto Central Avenue. In addition, an existing utility pole would needto be relocated to allow for the potential third stall. 4. Current on-street parkingwould allow between 1-2 parallel parking stalls along the east side of CentralAvenue. 5. The Traffic Review Committee reviewed the request at the January28, 2019 meeting and voted 6-0 against the establishment of terrace parking forthis area. No motion was made, thus Ordinance dies. File 7791Attachment

9) APPOINTMENTS9.a The undersigned Kevin D. Leavy, duly elected President of the Beloit City

Council, subject to confirmation by the Beloit City Council, does hereby appointthe following citizen members to the vacancies and terms indicated below, saidappointments being pursuant to nominations made and approved by theAppointment Review Committee at the Regular meeting held February 11, 2019.Appointment Review CommitteeIncumbent Louise Reidenbach, 1609 Burton St. to a term ending December 31,2021Municipal Golf CommitteeJeffrey Alan Case, 7645 Chantelle Ln, Roscoe Il, (replacing Gerald Hoey) asMen’s Club Representative (Ex Officio member)

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Moved by Nancy V. Forbeck – Seconded by Mark Preuschl to accept theappointments as presented. Motion carried 7 – 0. File 6261AYES: Clinton Anderson, Sherry Blakeley, Regina Dunkin, Nancy V. Forbeck,Beth Jacobsen, Kevin Leavy, Mark PreuschlNOES: NoneAttachment

10) COUNCILOR ACTIVITIES AND UPCOMING EVENTS Councilor Jacobsen congratulated new hires. She thanked staff for information

on zoning ordinance but would like a list of uses allowed in C1 and PLI so theycan be compared.

Councilor Anderson gave a shout out to Youth Hockey team that he coaches. Councilor Blakeley attended first meeting of the Consolidated Plan steering

committee relating to housing and homelessness. It was a well-attended meetingand everyone learned a lot from each other.

Councilor Forbeck complimented the city workers on snow removal, especiallydowntown. She appreciated the Alcohol licensing workshop and looks forward tofuture work and discussion on the topic.

Councilor Preuschl had no report Vice president Dunkin attended Appointment Review Committee and mentioned

that there are still some vacancies and encouraged citizens to consider joiningone. She complimented GBEDC and Andrew Janke who are doing a fantasticjob. She thanked the anonymous donor who donated $52,000 in matching fundsto meet the United Way goal. She participated in two black history programsrecently. It is awesome to recognize the contribution of African Americans in ourcommunity.

President Leavy mentioned that the City is always looking for efficiencies and heexplained that is the reason for iPads on the council desks. Council andcommittees who use the Forum will benefit from being able to access theirinformation and save by going paperless where we can. He thanks the entirestaff in the City for all the work that occurs behind the scenes and out front,especially in the inclement weather.

11) CITY MANAGER’S PRESENTATION - None

12) REPORTS FROM BOARDS AND CITY OFFICERS12.a Chairperson Alex Blazer presented the Landmarks Commission Annual Report of

Historic Preservation Activities.This annual report is provided in accordance with Section 32.05(10) of theHistoric Preservation Ordinance. This report documents the activities andaccomplishments of the Landmarks Commission during 2018. The Commissioncurrently consists of Chair Alex Blazer, Rick McGrath, Steve Truesdale, JohnWinkelmann, Kris Jacobsen, Chris Gallagher, and City Council RepresentativeClinton Anderson. The Landmarks Commission met six times in 2018 to reviewCertificate of Appropriateness (COA) applications. Many of these applicationsincluded more than one item concerning repairs, replacements, additions, ordemolitions. Planning Division staff also reviewed and approved COAapplications throughout the year. The number and types of requests consideredby the Commission and staff are as follows:Additions/New Construction: 0

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Historic Plaques: 0Chimneys and Tuckpointing: 3Local Landmark Designations: 0Demolitions: 0Ramps/Sidewalks/Steps/Pavement: 1Fences and retaining walls: 3Roof repair/replacement: 20Garage repair/construction: 0Signs and miscellaneous items: 8Gutters/fascia/soffit: 5 Siding: 4Handrails and Porches: 4Windows and Doors: 6Of the 37 COA applications processed in 2018, 27 (79%) were approved by staff.The Commission also supported the nomination of a new historic district knownas the Milwaukee Road-Emerson Street Historic District to the National & StateRegisters of Historic Places. The Commission currently monitors 115 propertiesin the Bluff Street Historic District, 156 properties in the Near East Side/CollegePark Historic District, 4 properties in the Merrill Street Historic District, and 46individually listed Landmarks and Landmark Sites.

13) ADJOURNMENTMoved by Beth Jacobsen – Seconded by Regina Dunkin to adjourn at 8:11pm.Motion carried 7 – 0.AYES: Clinton Anderson, Sherry Blakeley, Regina Dunkin, Nancy V. Forbeck, BethJacobsen, Kevin Leavy, Mark PreuschlNOES: None

________________________________Lorena Rae Stottler, City Clerk-Treasurer

www.beloitwi.govDate approved by City Council: March 4, 2019

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PUD-2019-01, Fourth-Merrill-Third, OReilly Auto Parts, Council Referral

CITY OF BELOITREPORTS AND PRESENTATIONS TO CITY COUNCIL

Topic:Planned Unit Development (PUD) - Master Land Use Plan for 1003, 1017, & 1021 Fourth Street; 117 MerrillStreet; and 1016 Third Street – Council Referral to the Plan Commission

Date: March 4, 2019

Presenter: Julie Christensen Department: Community Development

Overview/Background Information

Aetna Development Corporation has submitted an application for review and consideration of a Planned UnitDevelopment (PUD) - Master Land Use Plan for the redevelopment of five (5) separate parcels at the NE corner of FourthStreet and Merrill Street into an O’Reilly Auto Parts store. The subject properties include 1003, 1017, & 1021 FourthStreet; 117 Merrill Street; and 1016 Third Street. A copy of the PUD - Master Land Use Plan is attached to this report.

Key Issues

1. The proposed redevelopment includes demolition of all existing structures and surface parking lots followed byconstruction of a 7,200 square-foot retail building and parking/driving areas to accommodate 29 off-streetparking stalls.

2. The applicant is seeking approval of a PUD in order to provide flexibility in building and driveway placement,and to facilitate compliance with the floodplain ordinance requirements. The proposed site plan contemplatestwo driveways on Fourth Street, one driveway on Merrill Street, and a fourth driveway leading to Third Street.

3. Four of the subject parcels are zoned C-3, Community Commercial, while the parcel located at 1016 ThirdStreet is zoned R-3, Low-Density Multifamily Residential. The proposed use is permitted in C-3 but not R-3.

4. The applicant has submitted a related application to rezone all five parcels to PUD. If the requested PUD isapproved, the applicant will need to consolidate all five parcels into one via Certified Survey Map (CSM).

5. The PUD District is a special-purpose zoning district that permits greater flexibility in land planning and designstandards than conventional zoning districts. When a PUD is approved, the approval is tied to the specific usesthat are shown on the approved plan, and the underlying zoning district classification is changed to PUD.

Conformance with Strategic Plan

Approval of this action would conform with the stated purpose of the following strategic goal:

Goal #1 – Create and Sustain Safe and Healthy Neighborhoods

Goal #2 – Create and Sustain a High Performing Organization

Goal #3 – Create and Sustain Economic and Residential Growth

Goal #4 – Create and Sustain a High Quality of Life

Goal #5 – Create and Sustain High Quality Infrastructure and Connectivity

Goal #6 – Create and Sustain a Positive Image, Enhance Communications and Engage the Community

Sustainability

(If applicable, briefly comment on the sustainable long term impact of this policy or program related to how it will impact both the built and naturalenvironment. Consider whether the policy or program will reduce dependence upon fossil fuels, reduce dependence on chemicals and othermanufacturing substances that accumulate in nature, reduce dependence on activities that harm life sustaining eco-systems, and/or meet thehierarchy of present and future human needs fairly and efficiently. Write N/A if not applicable)

N/A

Action Required/Recommendation

• Referral to the Plan Commission for the March 6, 2019 meeting• This item may return to the City Council for a public hearing and possible action on March 18, 2019

Fiscal Note/Budget Impact

N/A

Attachments

Location & Zoning Map, Proposed PUD – Master Land Use Plan, and Application10


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Proposed PUD – Master Land Use Plan

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ZMA-2019-03, Fourth-Merrill-Third, OReilly PUD, Council Referral


Topic:Zoning Map Amendment Application for 1003, 1017, & 1021 Fourth Street; 117 Merrill Street; and 1016Third Street – Council Referral to the Plan Commission

Date: March 4, 2019



Aetna Development Corporation has submitted an application for a Zoning Map Amendment to change the zoning districtclassification from C-3, Community Commercial District to PUD, Planned Unit Development District, for the propertieslocated at 1003, 1017, & 1021 Fourth Street and 117 Merrill Street; and from R-3, Low-Density Multifamily ResidentialDistrict to PUD for the property located at 1016 Third Street.

Key Issues

1. The applicant has submitted a PUD – Master Land Use Plan for demolition of all existing structures and surfaceparking lots followed by construction of a 7,200 square-foot retail building (O’Reilly Auto Parts) andparking/driving areas to accommodate 29 off-street parking stalls. The proposed retail use is permitted in theC-3 District but not in the R-3 District.

2. The PUD District is a special-purpose zoning district that permits greater flexibility in land planning and designstandards than conventional zoning districts. When a PUD is approved, the approval is tied to the specific usesthat are shown on the approved plan, and the underlying zoning district classification is changed to PUD.

3. This application is being considered in accordance with the Zoning Map Amendment procedures contained inSection 2-300 of the Zoning Ordinance.

4. The Comprehensive Plan’s Future Land Use Map recommends Planned Mixed Use redevelopment of the subjectproperties.









Sustainability


N/A


• Referral to the Plan Commission for the March 6, 2019 meeting• This item may return to the City Council for a public hearing and possible action on March 18, 2019


N/A

Attachments

Location & Zoning Map, Proposed PUD – Master Land Use Plan, and Application

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Proposed PUD – Master Land Use Plan

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CITY OF BELOIT

REPORTS AND PRESENTATIONS TO CITY COUNCIL

Topic: Release of Platted Utility Easements on Lot 56 of Eagles Ridge Plat #3 -3745 Eagles Ridge Drive-Refer to Plan Commission

Date: March 4, 2019



New Leaf Construction has requested the release of 2 feet of a platted utility easement on Lot 56 of Eagles Ridge Plat #3 located at 3745 Eagles Ridge Drive. According to State Statutes, the release of platted easements requires Plan Commission and City Council approval.

Key Issues

1. When the Eagles Ridge Subdivision was platted, the approved plat included 10 foot utility easements along many interior and rear lot lines, which were intended to provide internal utility connections as the lots were individually developed.

2. The request is to reduce the east side lot easement from 10 feet to be 8 feet. 3. The home complies with all zoning setbacks.


Approval of this agreement would conform with the stated purpose of the following strategic goal:







Sustainability

(If applicable, briefly comment on the sustainable long term impact of this policy or program related to how it will impact both the built and natural environment. Consider whether the policy of program will reduce dependence upon fossil fuels, reduce dependence on chemicals and other manufacturing substances that accumulate in nature, reduce dependence on activities that harm life sustaining eco-systems, and/or meet the hierarchy of present and future human needs fairly and efficiently. Write N/A if not applicable)

N/A


Referral to the Plan Commission for consideration at the March 6, 2019 meeting

This item will likely return to the City Council for consideration on March 18, 2019.


N/A

Attachments

Proposed Release of Platted Easement and Subdivision Plat

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Topic:Proposed Resolution Considering the Applications for Alcohol Beverage Operator’s (Bartender’s)Licenses [2017-2019] cycle February 12-26, 2019.

Date: March 4, 2019

Presenter: Lori Stottler Department: City Clerk-Treasurer


Applicants for an Alcohol Beverage Operator’s (Bartender’s) License must apply (or renew) on a biennial basis. Thisprocess requires an application, proof that a responsible beverage server training course was completed, payment ofthe applicable fee and submission to a background check of the Beloit Police Department.

State law requires the City Council to act on all licenses prior to issuance. The attached resolution includes allapplicants received February 12-26, 2019.

Key Issues

1. The applicants being recommended for approval or denial have completed the following steps:

a. Submitted a complete application and proof of responsible beverage server training, shown ID, paid applicablefees and submitted to a background investigation.

b. Upon completion of the background investigation, the Police Department provides a recommendation forapproval or denial to the Clerk-Treasurer.

c. Applications recommended for denial are sent a letter stating the reasons for the recommendation of denial andthe opportunity to appeal to the City Council. Applications recommended for approval and those that do not appeal areplaced on the master list and submitted to City Council every two weeks for consideration.

d. Upon Council action, City Clerk-Treasurer provides the necessary follow-up by issuing the license or sending aletter to the applicant stating the reason(s) for denial.

2. Section 125.17(1), Wis. Stats., requires the governing body to approved qualified applicants prior to issuance of thelicense.

3. This list includes 3 applicants taken between February 12-26, 2019.a. Recommended for Approval: 2 applicants are recommended for approval.

b. Recommended for Denial: 1 applicant is recommended for denial on the basis of the background check of theapplicant. The applicant did not request a hearing within the required timeframe.

4. This process is consistent with state statute as well as guidance from the League of Wisconsin Municipalities guidancefor Municipal Licensing and Regulation of Alcohol Beverages.









Sustainability


N/A


Staff recommends approval of the Resolution.


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Each applicants pays $50 for a 2-year license and $35 for a 1-year license.

Attachments

Resolution, List of applicants.

Revised 05-24-2018

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RESOLUTION 2019-020

RESOLUTION APPROVING 2017-2019 APPLICANTS FOR AN ALCOHOL BEVERAGE OPERATOR’S(BARTENDER’S) LICENSE FEBRUARY 12-26, 2019

WHEREAS, the applicants listed in the attached document, which is incorporated herein byreference, have applied for operator's licenses; and

WHEREAS, all of the applicants listed in the attached document are recommended by the PoliceDepartment and the City Clerk-Treasurer’s Office for approval.

NOW, THEREFORE, BE IT RESOLVED THAT the applicants recommended for approval are herebyapproved for the period ending June 30, 2019. The City Clerk-Treasurer’s Office is directed to issue thelicense to the applicant(s).

Adopted this 4th day of March, 2019.

CITY COUNCIL FOR THE CITY OF BELOIT

________________________________Kevin D. Leavy, Council President

ATTEST:

___________________________________Lorena Rae Stottler, City Clerk-Treasurer

28

Applicants Recommended for Approval February 12, 2019 through February 26 , 2019

Guinter, Bryan K. Beloit Mobil on the Run

Quezada, Nicole I. The Royalty Lounge

Year to Date: 748

Applicants Recommended for Denial Through February 26, 2019

Glenn, Levi B. LaCasa Grande

29

ZMA-2019-01, 2032 E. Ridge Road, Permanent R-1A, Council Report 2nd Reading


Topic: Zoning Map Amendment Application for the property located at 2032 E. Ridge Road

Date: March 4, 2019



The Planning & Building Services Division has submitted an application for a Zoning Map Amendment from temporary R-1A, Single-Family Residential District to permanent R-1A, Single-Family Residential District, for the property located at2032 E. Ridge Road in the City of Beloit.

Key Issues

1. The City Council adopted an Ordinance attaching the subject property to the City of Beloit on April 2, 2018.2. Section 4 of the Attachment Ordinance assigns a temporary zoning district classification of temporary R-1A,

Single-Family Residential District, and directs the Plan Commission to initiate a permanent zoning districtclassification for the subject property. As staff to the Plan Commission, Planning staff has initiated this request.

3. The subject property is owned by John & Corrine Davis, and was annexed/attached in order to connect theirexisting single-family home with a failing septic system to the City’s sanitary sewer. Planning staff has notifiedthe owners of this permanent zoning request, which will not affect the allowable uses of the property.

4. The Plan Commission reviewed this item on February 6, 2019 and voted unanimously (5-0) to recommendapproval of this Zoning Map Amendment.









Sustainability


N/A


• City Council consideration and 2nd reading of the proposed Ordinance


N/A

Attachments

Ordinance and Staff Report to the Plan Commission

30


ORDINANCE NO. 3637

AN ORDINANCE AMENDING THEZONING DISTRICT MAP OF THE CITY OF BELOIT

The City Council of the City of Beloit, Rock County, Wisconsin do ordain as follows:

Section 1. The Zoning District Map of the City of Beloit, mentioned in the Zoning Code, Chapter19 of the Code of General Ordinances of the City of Beloit, is amended as follows:

The following described land, also known as 2032 E. Ridge Road, is hereby changed from temporary R-1A, Single-Family Residential District to permanent R-1A, Single-Family Residential District:

Lot 115 of a re-subdivision of Outlot A and Lots 34 to 54 of Turtle Ridge, being also apart of the S.W. ¼ of Section 30, T. 1 N., R. 13 E., of the 4th P.M., Turtle Township (nowCity of Beloit), Rock County, Wisconsin. Containing 0.282 acres, more or less.

Section 2. This Ordinance shall take effect and be in force upon its passage and publication.

Adopted this ____ day of ___________, 2019.

City Council of the City of Beloit

________________________________________Kevin D. Leavy, Council President

Attest:

______________________________________Lorena Rae Stottler, City Clerk-Treasurer

Published this ____ day of _________, 2019

Effective this ____ day of _________, 2019

01-611100-5231-

31


REPORT TO THE PLAN COMMISSION

Plan Commission Meeting Date: February 6, 2019

Agenda Item: 3(a)

File Number: ZMA-2019-01

General Information

Applicant: Planning & Building Services Division

Owner: John & Corrine Davis

Address/Location: 2032 E. Ridge Road

Applicant’s Request/Proposal: Permanent Zoning Classification of R-1A, Single-FamilyResidential District

Staff Analysis

Project Summary: The Planning & Building Services Division has submitted an application for aZoning Map Amendment from temporary R-1A, Single-Family Residential District to permanentR-1A, Single-Family Residential District, for the property located at 2032 E. Ridge Road in theCity of Beloit. The R-1A district is primarily intended to accommodate single-family detacheddwellings on moderate to large-size lots, at typical densities of 2 to 5 units per acre.

Existing Site Conditions: The City Council adopted an Ordinance attaching the subject propertyto the City of Beloit on April 2, 2018. Section 4 of the Attachment Ordinance assigns atemporary zoning district classification of R-1A, Single-Family Residential District, and directsthe Plan Commission to initiate a permanent zoning district classification for the subjectproperty. As staff to the Plan Commission, Planning staff has initiated this request.

Surrounding Land Use and Zoning: The subject property is located in the Turtle Ridgeneighborhood, and was annexed/attached in order to connect the existing single-family homewith a failing septic system to the City’s sanitary sewer. Planning staff notified the owners ofthis permanent zoning request, which will not affect the allowable uses of the property. Thesubject property backs up to Milwaukee Road, and there are existing single-family homes to thewest and north within the remaining Town of Turtle island. The single-family property east ofthe subject property (2028 E. Ridge Road) was annexed into the City and zoned R-1A in 2016.

City of Beloit Comprehensive and Strategic Plan: The Comprehensive Plan’s Future Land UseMap recommends Single-Family Residential – Urban uses of the subject property. This request

32


is consistent with Strategic Goals #1 and #5 by creating & sustaining high-quality neighborhoodsand infrastructure.

Findings of Fact: Based on Section 2-304 of the Zoning Ordinance, the Plan Commission shallmake a recommendation based on the following considerations:

1. The existing use of property within the general area of the subject property.The permitted uses within the R-1A district are compatible with existing uses within thesurrounding low-density residential area.

2. The zoning classification of property within the general area of the subject property.All of the nearby Turtle Ridge properties that have been attached/annexed into the City,including the adjacent property to the east, are zoned R-1A, Single-Family Residential.The remaining Town of Turtle properties are subject to Town zoning.

3. The suitability of the subject property for the uses permitted under the existing zoningclassification.N/A – The subject property is already zoned R-1A, but on a temporary basis.

4. The trend of development and zoning map amendments in the general area of thesubject property.Although only a few Turtle Ridge properties have been attached/annexed in the pastfew years, this trend is likely to accelerate as existing septic systems continue to fail inthis neighborhood and attachment is required in order to connect to the City’s sanitarysewer system.

STAFF RECOMMENDATION:The Planning & Building Services Division recommends approval of a Zoning Map Amendmentto change the zoning district classification from temporary R-1A, Single-Family ResidentialDistrict to permanent R-1A, Single-Family Residential District, for the property located at 2032E. Ridge Road.

ATTACHMENTS: Location and Zoning Map, Application, Public Notice, and Mailing List

33


34


35


36


37


38

CITY OF BELOIT

REPORTS AND PRESENTATIONS TO CITY COUNCIL

Topic: Zoning Map Amendment Application for 916 Bushnell Street

Date: March 4, 2019



Tim Befus, on behalf of Rock County Christian School, has submitted an application for a Zoning Map Amendment to change the zoning district classification from C-1, Office, to PLI, Public Land and Institutions, for the property located at 916 Bushnell Street.

Key Issues

1. The subject property is currently the site of Rock County Christian School, Beloit Campus. 2. The purpose of the Zoning Map Amendment request is to change the zoning to a more compatible district with

the current use. City Council requested information on the permitted and conditional uses in the C-1, Office, and PLI, Public Lands and Institutions, districts. That information is provided on the following page.

3. The Comprehensive Plan Future Land Use Map recommends Office. The applicant does not need to apply for a Comprehensive Plan Amendment as the plan indicates that institutional uses may be located in areas planned for residential, commercial, office, industrial, mixed or traditional neighborhood uses.

4. 916 Bushnell Street has had some form of commercial zoning since 1968. Prior to 1999, it was zoned B-1, Restricted Office. In 1999, the zoning designations were modified, and it was zoned C-1, Office. In terms of land use, the Assessor’s office indicates that this property has been tax-exempt since the 1940’s.

5. This application is being considered in accordance with the Zoning Map Amendment procedures contained in Section 2-300 of the Zoning Ordinance.

6. The Plan Commission reviewed this application on December 19, 2018 requested it be laid for January 9, 2019 for the applicant and neighbors to meet and discuss the request, The applicant met with neighbors but was unable to reach a consensus. On February 6, 2018 the Plan Commission voted (4-1) to recommend approval of this Zoning Map Amendment.









Sustainability

(If applicable, briefly comment on the sustainable long term impact of this policy or program related to how it will impact both the built and natural environment. Consider whether the policy or program will reduce dependence upon fossil fuels, reduce dependence on chemicals and other manufacturing substances that accumulate in nature, reduce dependence on activities that harm life sustaining eco-systems, and/or meet the hierarchy of present and future human needs fairly and efficiently. Write N/A if not applicable)

N/A


City Council consideration and approval of the proposed Ordinance


N/A

Attachments

Ordinance and Staff Report to the Plan Commission

39

5-100 - PLI, PUBLIC LANDS AND INSTITUTIONS DISTRICT. 5-101 DESCRIPTION. Although large public and institutional uses are intended to be zoned "PLI," some public

and quasipublic uses are allowed within residential, commercial and industrial zoning districts. The PLI, Public Lands and Institutions district is a special purpose district that is intended to accommodate major public and quasipublic uses.

ALLOWED USES. a. Uses Permitted By-Right . The following uses shall be permitted by-right in the PLI district:

1. Arboretums. 2. Boat launching areas and ramps. 3. Cemeteries. 4. Greenbelts. 5. Museums, libraries, zoos, historic and cultural exhibits. 6. Other public buildings, such as fire and police stations and municipal buildings. 7. Parks, playgrounds, playfields, swimming pools, golf courses and open spaces. 8. Public and nonprofit quasipublic institutions, such as colleges, elementary, middle and senior

high schools, and hospitals, sanitariums, and nursing homes. 9. Recreation (public) buildings. 10. Religious Institutions. 11. Post offices. 12. Accessory buildings and uses. 13. Veterans of Foreign Wars (VFW) Facilities owned or leased by any local VFW Post affiliated and

in good standing with the Veterans of Foreign Wars of the United States. 14. Wireless communications (only alternative tower structures, antenna support structures and

equipment facilities). 15. Day care centers and community services. (Cr. #3518)

b. Conditional Uses . (Am. #3365) The following conditional uses shall be allowed in the PLI district only if

reviewed and approved in accordance with the Conditional Use Permit procedures of Section 2-500: 1. Public utility facilities

(a) Electrical substations (b) Gas regulator stations (c) Radio and television towers (d) Telephone exchanges, telephone transmission equipment buildings and microwave relay

towers (e) Water towers and pumping stations (f) Sewage treatment plants (community)

2. Public and quasipublic transportation facilities (a) Bus terminals (b) Airports

3. Band shells and auditoriums 4. Wireless communications towers 5. Liquor sales in conjunction with a use that is allowed in the PLI district

40

4-600 - C-1, OFFICE DISTRICT. 4-601 DESCRIPTION. The C-1, Office district is primarily intended to accommodate low- to moderate-intensity office development and personal service-oriented retail sales and service uses. ALLOWED USES.

a. Uses Permitted By-Right . The following uses shall be permitted by-right in the C-1 district: 1. Community Living Arrangements 2. Single-Family Detached Dwelling 3. Single-Family Attached Dwelling 4. Two Family Dwelling 5. College 6. Day Care 7. Parks and Open Space 8. Religious Institutions 9. Safety Service 10. School 11. Utility, Basic 12. Office 13. Parking, Commercial 14. Bed and Breakfast 15. Personal Service-oriented Retail 16. Banks/Financial Institutions 17. Restaurant Café 18. Agricultural Crop 19. Earth Works/Grading 20. Wireless Communication Alternative Tower and Antenna Support Structure and Equipment

Facility

b. Conditional Uses . (Am. #3365) The following conditional uses shall be allowed in the C-1 district only if reviewed and approved in accordance with the Conditional Use Permit procedures of Section 2-500:

1. Homeless Shelter 2. All other Group Living Uses 3. Multifamily Dwellings 4. Boarding/Rooming Houses 5. Single Room Occupancy 6. Community Service 7. Hospital 8. Dry Cleaning/Laundry Pick-Up Receiving Stations 9. Drive-in Use 10. Excavations for Ponds, Lakes, Pits, Drainage Patterns, Earth Forms and Topsoil Removal

41

ZMA-2018-08, 916 Bushnell Street, Council Report 3-4-19

ORDINANCE NO. 3639

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF BELOIT

The City Council of the City of Beloit, Rock County, Wisconsin do ordain as follows:

Section 1. The Zoning District Map of the City of Beloit, mentioned in the Zoning Code, Chapter 19 of the Code of General Ordinances of the City of Beloit, is amended as follows: The following described land, also known as 916 Bushnell Street, is hereby changed from C-1, Office District to PLI, Public Lands and Institutions District:

LOTS 6 TO 11, INCLUDING BLOCK 20 ORIGINAL PLAT, ALL SITUATED IN THE CITY OF BELOIT, COUNTY OF ROCK, STATE OF WISCONSIN (ALSO KNOWN AS 916 BUSHNELL STREET, PARCEL NUMBER 13660120). SAID PARCEL CONTAINS 1.59 ACRES, MORE OR LESS.

Section 2. This Ordinance shall take effect and be in force upon its passage and publication.

Adopted this 4th day of March, 2019.

City Council of the City of Beloit Kevin Leavy, Council President Attest: Lorena Rae Stottler, City Clerk

Published this ____ day of _________, 2019

Effective this ____ day of _________, 2019

01-611100-5231-

42


REPORT TO THE PLAN COMMISSION Plan Commission Meeting Date: February 6, 2019

Agenda Item: 4.b

File Number: ZMA-2018-08

General Information

Applicant: Tim Befus Owner: Rock County Christian School Address/Location: 916 Bushnell Street Applicant’s Request/Proposal: The applicant has submitted an application for a Zoning Map Amendment from C-1, Office to PLI, Public Lands and Institutions. The request was laid over at the December 19, 2018 meeting and January 9, 2019 meeting to allow for the applicant and neighbors to meet and discuss the request.

Staff Analysis

Project Summary: The original purpose of the Zoning Map Amendment request was to allow Rock County Christian School (RCCS) to install an electronic variable messaging (EVM) sign near the location of their existing ground monument sign. However they no longer wish to pursue the electronic variable messaging sign. The applicant would still like to proceed with the Zoning Map Amendment because he feels that the PLI, Public Lands and Institutions, zoning is a more appropriate zoning district for the property based on its use as a school. Existing Site Conditions: The subject property is 1.29 acres in area, is used for Junior High/High School Campus for Rock County Christian School. It has two structures and a parking lot. The property is currently zoned C-1, Office District, Religious Institutions and Schools are permitted uses. Surrounding Land Use and Zoning: The majority of properties on the north and east side of the subject property are residential land uses and zoned R-1B, Residential. To the west of the subject property is a public park zoned PLI, Public Lands and Institutions. To the south, the majority of properties are used as residential duplexes and apartments and are zoned C-1, Office with one PUD just south of the subject property. City of Beloit Comprehensive and Strategic Plan: The Comprehensive Plan’s Future Land Use Map (#10) currently designates the subject property as appropriate for office use. The

43


Comprehensive Plan recommends the inclusion of small public and institutional uses such as parks, schools, and churches in this land use category. Therefore, the proposed Zoning Map Amendment is consistent with the Comprehensive Plan as required by Section 66.1001(3) of Wisconsin Statutes. An amendment to the Future Land Use Map is not required. This Request supports Strategic Goal #5 by allowing a neighborhood institution to better communicate with residents and advertise events.

Findings of Fact: Based on Section 2-304 of the Zoning Ordinance, the Plan Commission shall make a recommendation based on the following considerations:

1. The existing use of property within the general area of the subject property. The applicant is not proposing a change in use. To the north and east of the property are residential dwellings. To the west is Horace White Park, a public park. The properties located south are mostly duplexes and apartments with one planned unit development.

2. The zoning classification of property within the general area of the subject property. The subject property is adjacent to parcels in the R-1B, Single-Family Zoning District on

the north and east side. Horace White Park lies directly to the west of the subject parcel and is zoned PLI, Public Lands and Institutions District. To the south, properties are zoned PUD, Planned Unit Development District, and C-1, Office District.

3. The suitability of the subject property for the uses permitted under the existing zoning classification. The subject property is suitable for the uses permitted in the C-1, Office District and the PLI, Public Lands and Institutions District. However, the PLI zoning is more fitting for this type of use.

4. The trend of development and zoning map amendments in the general area of the subject property. The area surrounding the subject property is fully developed. The applicant recently constructed a major addition to the school building.

STAFF RECOMMENDATION: The Planning & Building Services Division recommends approval of a Zoning Map Amendment to change the zoning district classification from C-1, Office, to PLI, Public Lands and Institutions, for the property located at 916 Bushnell Street. ATTACHMENTS: Location and Zoning Map, Application, Public Notice, and Mailing List

44


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December 10, 2018

NOTICE TO THE PUBLIC

To Whom It May Concern:

Tim Befus, on behalf of Rock County Christian School, has submitted an application for a Zoning Map

Amendment to change the zoning district classification from C-1, Office District to PLI, Public

Lands/Institutions District, for the property located at:

916 Bushnell Street.

The following public hearings will be held regarding this application:

City Plan Commission: Wednesday, December 19, 2018, at 7:00 PM, or as soon thereafter as the matter can

be heard in The Forum, Beloit City Hall, 100 State Street.

City Council: Monday January 7, 2019, at 7:00 PM, or as soon thereafter as the matter can be heard in The

Forum, Beloit City Hall, 100 State Street.

THE PUBLIC IS INVITED TO ATTEND THESE HEARINGS.

We are interested in your opinion.

Anyone bringing handouts to the Plan Commission meeting must bring ten (10) copies and submit them to the

Recording Secretary before the meeting begins. Staff is unable to leave the meeting area to make copies.

For additional information, please contact Alex Morganroth in the Planning Division at (608) 364-6708 or

[email protected]. Comments will be accepted via telephone, email, and U.S. Mail.

48

mailto:[email protected]


DOROTHY LARSEN

475 BARN SWALLOW DR

LINDENHURST IL 60046

ELIZABETH CARPENTER

615 PARK AVE

BELOIT WI 53511

MOLLY E HARRIS

611 PARK AVE

BELOIT WI 53511

BARBARA J HIGGINS

905 BUSHNELL ST

BELOIT WI 53511

CHARLES R WILLIAMS

911 BUSHNELL ST

BELOIT WI 53511

ANDRAS & MARY BOROS KAZAI

917 BUSHNELL ST

BELOIT WI 53511

RALPH L TLACHAC

925 BUSHNELL ST

BELOIT WI 53511

MEREDITH NEWMAN

171 DAIRY RD

AMHERST VA 24521

MARY A HANSEN

620 PARK AVE

BELOIT WI 53511

FIRST CONGREGATIONAL

CHURCH

801 BUSHNELL ST ATTN: BOARD

OF TRUSTEES

BELOIT WI 535116303

WILLIAM C & JULIE C BEHLING

IV

617 HARRISON AVE BELOIT WI

53511

JOHN & PENNY YURKEW

609 HARRISON AVE

BELOIT WI 53511

MICHELLE C CROSSLEY

911 E GRAND AVE

BELOIT WI 53511

ZACHARY R & ANGELA M

NEWMAN

1011 BUSHNELL ST

BELOIT WI 53511

GARY K WEINKAUF

1822 EMERSON ST

BELOIT WI 53511

MARVIN MILNER/EDWARD

LAUGHLIN LLC

P O BOX 1161

BELOIT WI 535121161

JADA D CAMPBELL

2340 DEER PATH WAY

BELOIT WI 53511

JOSE & LINDA CARRILLO

1010 BUSHNELL ST

BELOIT WI 53511

ROGER APTED

1018 BUSHNELL ST

BELOIT WI 53511

MARY M FREY

3307 RIVERSIDE DR

BELOIT WI 535111532

OSWALDO VOYSEST

1225 BUSHNELL ST

BELOIT WI 53511

LUCAS R SCHULZ

1950 ROYCE AVE

BELOIT WI 53511

JESUS & ALICIA VERA

2369 KRUSE DR

BELOIT WI 53511

KEVIN L & RACHEL M BRAUN

426 WISCONSIN AVE

BELOIT WI 53511

SANDRA MANNING

1127 RIDGEWAY ST

BELOIT WI 53511

VIVIAN F GAVARRETE

1013 E GRAND AVE

BELOIT WI 53511

TRINA D TUCKER

1003 E GRAND AVE

BELOIT WI 53511

49


JAMES & PENNY RICHARDS

2723 N WOOD DR

BELOIT WI 535112226

JAMES M & SHELLY J CRONIN

1719 EMERSON ST

BELOIT WI 53511

RONALD & LILY DICKINSON

3709 OAK LANE DR

BELOIT WI 535111937

SALVADOR VALLES

1157 PRAIRIE AVE

BELOIT WI 53511

J ANTHONY GROVER

430 HARRISON AVE APT 302

BELOIT WI 53511

KENNETH D PAULSON

749 PHILHOWER RD

BELOIT WI 53511

MATTHEW D & TRESSY M

BROWN

3655 BEE LN

BELOIT WI 53511

JOHN E & MARY L DUMMER

11229 S CTY RD K

BELOIT WI 53511

JERREN RUFF

417 PARK AVE

BELOIT WI 53511

50


Topic: AN ORDINANCE TO CREATE, TO AMEND, AND TO REPEAL AND RECREATE VARIOUS SECTIONS OF CHAPTER 31 OF THE CODE OF GENERAL ORDINANCES OF THE CITY OF BELOIT PERTAINING TO ALCOHOL LICENSING REQUIREMENTS

Date: March 4, 2019

Presenter: Attorney Elizabeth Krueger Department: City Attorney

Overview/Background Information Chapter 31 has been reviewed and updated to conform with state law and with the direction provided by the city council after a workshop a few months ago. The proposed changes update the ordinance to reflect the new processes that were developed over the last 2 years, provide clarification to the prior ordinance, as well as the changes and updates in state law.

Key Issues 1. The proposed ordinance adds clarification to the city ordinances related to alcohol beverage control and licensing.2. The proposed ordinance clarifies the appropriate decision makers for licensing.3. The proposed ordinance updates outdated references contained in the current code.

Conformance with Strategic Plan Approval of this action would conform with the stated purpose of the following strategic goal:

Goal #1 – Create and Sustain Safe and Healthy Neighborhoods Goal #2 – Create and Sustain a High Performing Organization Goal #3 – Create and Sustain Economic and Residential Growth Goal #4 – Create and Sustain a High Quality of Life Goal #5 – Create and Sustain High Quality Infrastructure and Connectivity Goal #6 – Create and Sustain a Positive Image, Enhance Communications and Engage the Community

Sustainability (If applicable, briefly comment on the sustainable long term impact of this policy or program related to how it will impact both the built and natural environment. Consider whether the policy or program will reduce dependence upon fossil fuels, reduce dependence on chemicals and other manufacturing substances that accumulate in nature, reduce dependence on activities that harm life sustaining eco-systems, and/or meet the hierarchy of present and future human needs fairly and efficiently. Write N/A if not applicable)

N/A

Action Required/Recommendation Staff recommends approval of the proposed ordinance.

Fiscal Note/Budget Impact There will be limited budgetary impact.

Attachments Proposed ordinance

51

1

ORDINANCE NO. 3643

AN ORDINANCE TO CREATE, TO AMEND, AND TO REPEAL AND RECREATE VARIOUS SECTIONS OF CHAPTER 31 OF THE CODE OF GENERAL ORDINANCES OF THE CITY OF BELOIT PERTAINING

TO ALCOHOL LICENSING REQUIREMENTS

Section 1. Section 31.011 of the Code of General Ordinances of the City of Beloit is hereby created

to read as follows: “31.011 DEFINITIONS. The definitions provided in Chapter 125 of the Wisconsin Statutes shall

apply to this chapter.” Section 2. Section 31.012 of the Code of General Ordinances of the City of Beloit is hereby created

to read as follows: “31.012 LOCAL REGULATION IN ADDITION TO STATE LAW

(1) This chapter is in addition to the state law. Prosecution under the state law shall not in any way preclude a City prosecution under this chapter.

(2) If any specific provision of this chapter is different from but not in conflict with

the state law adopted by reference in Section 5.06.010, the express regulation of this chapter shall be controlling.”

Section 3. Section 31.013 of the Code of General Ordinances of the City of Beloit is hereby created

to read as follows: “31.013 LICENSES AUTHORIZED. Operator’s licenses, manager’s licenses and licenses for the sale

of fermented malt beverages and/or intoxicating liquor are authorized in this chapter.” Section 4. Section 31.02 of the Code of General Ordinances of the City of Beloit is hereby repealed

and recreated to read as follows: “31.02 GENERAL

(1) LICENSE REQUIRED. No person shall sell alcohol beverages without first procuring a license to do so as provided in this chapter.

(2) PREMISES LICENSED. Alcohol beverage licenses shall be granted only to those premises authorized by state law, and no licenses shall be granted to private residences. All retail and wholesale licenses shall describe each room or suite of

52

2

rooms in direct connection with each other where alcohol beverages are sold or offered for sale.

(3) RELATION TO ZONING ORDINANCE. The manufacture and/or sale of alcohol

beverages covered by this chapter is declared to be a business. This chapter shall not extend or waive in any manner the requirements of the zoning ordinance. The requirements of the zoning ordinance shall be construed as a further limitation on the granting of licenses under this chapter.”

Section 5. Section 31.03 of the Code of General Ordinances of the City of Beloit is hereby amended

to read as follows:

“31.03 ALCOHOL BEVERAGE LICENSE APPLICATION

(1) No alcohol beverage license may be granted by the City Council unless the applicant has filed a written application on the required forms showing that the applicant is qualified to be licensed and that the premises may lawfully be used for the purpose intended. No alcohol beverage license may be issued unless the applicant has paid the applicable fee(s). The application must be fully and accurately completed, all questions truthfully answered, and the application must be signed and dated by the applicant.

(2) a) No alcohol beverage license may be issued by the City Clerk until such license is granted by the City Council. No alcohol beverage license, except a temporary special event fermented malt beverage license, may be issued until the City Clerk has been shown proof of application for a federal special tax stamp, and the premises are inspected and approved by the police department, fire department and the Planning and Building Services Division. The City Clerk shall notify the Chief of Police, Chief of the Fire Department and Director of Planning and Building Services of each application, or renewal thereof, and these officials, or their designees, shall inspect or cause to be inspected each application and the premises, together with such other investigations shall be necessary to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto, and whether the applicant is a proper person to be the recipient of the license.

(3b) These officials shall each furnish, in writing, to the City Clerk the information

derived from such investigation accompanied by a recommendation as to whether a license shall be granted or refused. Copies of such information shall be included with the application for review by the Alcohol Beverage License Control Committee and forwarded by the City Clerk to eachthe City Council member.

(4) Each applicant who has been granted a license to sell alcohol by the City Council

shall pay the applicable license fee(s) in full to the City Clerk within 15 days of the date the license was granted. The date a granted alcohol license "is to be issued" shall be deemed no later than the fifteenth calendar day after the date the license is granted, not counting the date of the grant. Any failure to timely pay the applicable alcohol license fee(s) in full voids the granted license and 53

3

renders it of no further force or effect, without the necessity of any further action, review or notice by the City Council. Any applicant whose granted license has been voided under the provisions of this section may not rely upon any previously submitted application for the same premises but shall reapply and follow the procedure required for a new application.”

(2) RENEWAL. The City Manager may, as a condition of renewal, order reinspection of the premises and report as originally required.

Section 6. Section 31.04 of the Code of General Ordinances of the City of Beloit is hereby amended

to read as follows: “31.04 - APPROVAL BY CITY COUNCIL

(1) No new retail alcohol beverage license, other than a temporary Class "B" or "Class B" license, shall be granted except by a majority vote of the members present at a meeting of the City Council. In determining the suitability of an applicant, consideration shall be given to the responsibility of the applicant, the appropriateness of the location, the premises proposed and generally, the applicant's fitness for the trust to be reposed in him/her. In addition, the applicant shall possess the qualifications required by §125.04(5), Wis. Stats.

(2) Where the inspections required under §31.03(1) require corrections of

deficiencies or the premises are to be renovated, the City Council may grant the license, but the license shall not be issued and delivered to the applicant until compliance with applicable codes and/or a certificate of occupancy is issued by the Director of Planning and Building Services.

(3) Where the City Council has granted a license, but the license has not been

issued because construction, renovation or code compliance is not completed in 6 months, the City Council may revokescind the license at a regular Council meeting after notice to the licensee and opportunity for the licensee to be heard. Proceedings for the revocation of a license shall be instituted in the manner and under the procedure established by §125.12, Wis. Stats.

(4) WAITING PERIOD.

(a) Refusal or Denial of License Based on Applicant's Qualifications. If an application for a retail alcohol beverage license is denied or refused on the grounds that the applicant does not possess the qualifications for the license, the applicant may not reapply for a retail alcohol beverage license within 12 months of the date of the denial or refusal.

(b) Refusal or Denial of License Based on the Suitability of the Premises. If

an application for a retail alcohol beverage license is denied or refused on the grounds that the premises for which the license is sought is unsuitable, no person may reapply for a retail alcohol beverage license

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for the same premises within 12 months of the date of the denial or refusal.

(c) Refusal or Denial of License Based on Failing to Disclose Information. If

an application for a license is denied or refused on the grounds that the applicant failed to disclose information required to be provided to the City during the application process, or provided misleading information, the applicant may not reapply for a retail alcohol beverage license within 6 months of the date of the denial or refusal.”

Section 7. Section 31.05 of the Code of General Ordinances of the City of Beloit is hereby repealed

and recreated to read as follow: “31.05 TEMPORARY LICENSES. The City Clerk may grant and issue temporary Class "B" and

temporary "Class B" retail alcohol beverage licenses. Except as hereinafter provided, all applications for temporary Class "B" and "Class B" retail alcohol beverage licenses shall be filed with the City Clerk at least 15 days prior to the granting of the license. Applications for temporary Class "B" retail alcohol beverage licenses for events lasting less than 4 days shall be filed with the City Clerk at least 4 days prior to the granting of the license.”

Section 8. Section 31.06 of the Code of General Ordinances of the City of Beloit is hereby repealed and recreated to read as follow:

“31.06 OPERATOR’S LICENSES.

(1) No premises operated under a Class A or Class B license may be open for business unless there is upon the premises either the licensee, the agent named in the license if the licensee is a corporation, or some person who has an operator's license and who is responsible for the acts of all persons selling or serving any alcohol beverages to customers. For the purpose of this subsection, any member of a licensee's immediate family 18 years of age or older shall be considered the holder of an operator's license.

(2) No operator’s license may be granted by the City Council unless the applicant has filed a written application on the required forms showing that the applicant is qualified to be licensed and that the premises may lawfully be used for the purpose intended. No operator’s license may be issued unless the applicant has paid the applicable fee(s).

(3) The application must be fully and accurately completed, all questions truthfully

answered, and the application must be signed and dated by the applicant.

(4) Submitted applications shall be referred by the City Clerk to the Police Department for review and recommendation. The Police Department shall review each submitted application and recommend issuance or denial of the

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license. If the Police Department recommends denial of the license, the City Clerk shall notify the applicant of the recommendation for denial of the license.

(5) The applicant may request review of the recommendation by submitting a

written request to the City Clerk setting forth the reason for the appeal and be signed and dated by the applicant. The request to review the recommendation must be filed with the City Clerk within 10 days of the date of the written notification of the recommendation. The request for review shall be forwarded to the City Council after review and consideration by the ABLCC.

(6) An operator's license shall be valid for the period commencing upon issuance

and expiring on June 30 of the immediately following odd numbered year, but in no event shall any operator's license be valid for longer than two years from the date of issuance.

(7) No operator’s license shall be granted except by a majority vote of the members

present at a meeting of the City Council. In determining the suitability of an applicant, consideration shall be given to the responsibility of the applicant, the applicant's fitness for the trust to be reposed in him/her. In addition, the applicant shall possess the qualifications required by §125.04(5), Wis. Stats.

(6) WAITING PERIOD. (a) Refusal or Denial of License Based on Applicant's Qualifications. If an

application for a license is denied or refused on the grounds that the applicant does not possess the qualifications for the license, the applicant may not reapply for a license within 12 months of the date of the denial or refusal.

(b) Refusal or Denial of License Based on Failing to Disclose Information. If

an application for a license is denied or refused on the grounds that the applicant failed to disclose information required to be provided to the City during the application process or provided misleading information, the applicant may not reapply for a retail alcohol beverage license within 6 months of the date of the denial or refusal.”

Section 9. Section 31.20 of the Code of General Ordinances of the City of Beloit is hereby amended to read as follows:

“31.20 POLICE AUTHORITY TO CLOSE. Whenever, in the judgment of a police officer, based on his personal observations, disorderly or riotous conditions exist at a licensed premises, which have caused or threaten to cause bodily harm to persons or damage to property, such officer shall have the authority to declare the licensed premises closed for a specified period of time, not to exceed 24 hours, and to order all persons to vacate the premises immediately. Any person so ordered to leave who fails or refuses to leave shall be guilty of resisting an officer, an offense punishable under §15.01/946.41 9 of this Municipal Code.”

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Section 10. Section 31.21 of the Code of General Ordinances of the City of Beloit is hereby amended to read as follows:

“31.21 CONSUMPTION ON CLASS "A" AND "CLASS A" PREMISES PROHIBITED. Except as provided by state law, Nno alcohol beverages may be consumed on Class "A" or "Class A" premises at any time.”

Section 11. Section 31.31 of the Code of General Ordinances of the City of Beloit is hereby

repealed and recreated to read as follow:

“31.31 ENFORCEMENT. In addition to other methods of enforcement and pursuant to the authority granted by §66.0113, Wis. Stats., a uniform citation may be used as provided by §25.04(4) of this Municipal Code.”

Section 12. If any section, clause, provision or portion of this ordinance is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall remain in force and not be affected by such judgment.

Section 13. All resolutions, ordinances, orders or parts thereof in conflict in whole or in part with any of the provisions of this ordinance are, to the extent of such conflict, hereby repealed.

Section 14. This ordinance shall be in force and take effect upon passage and publication.

Adopted this ____ day of March, 2019.

CITY COUNCIL FOR THE CITY OF BELOIT By: ____________________________

Kevin D. Leavy, President ATTEST: By: Lorena Rae Stottler, City Clerk-Treasurer PUBLISHED: EFFECTIVE DATE: 01-611100-5231- 31 = ORD 20190223 (18-1126) 57

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AGENDA City Hall Forum - 100 State Street, Beloit, WI 53511 7:00 … · 2019-02-27 · Beloit City...

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