AMENDED AGENDA BELOIT CITY COUNCIL City Hall Forum State Street 7:00 PM Tuesday, September 05, 2017

Transcription

1 AMENDED AGENDA BELOIT CITY COUNCIL City Hall Forum State Street 7:00 PM Tuesday, September 05, CALL TO ORDER AND ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. SPECIAL ORDERS OF THE DAY/ANNOUNCEMENTS 3.a. Proclamation recognizing Tom McCawley (Dunkin) Attachment 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 from the General Order of Business and considered at this point on the agenda. 6.a. 6.b. 6.c. Approval of the Minutes of the Regular Meeting of August 21, 2017 (Stottler) Attachment Resolution approving an Underground Electric Easement on a portion of Telfer Park located at 2301 Skyline Drive (Frisbee) Plan Commission Recommendation for approval 7-0 Attachment Resolution awarding Public Works Contract C17-19, Bridge Sealing and Painting (Flesch) Attachment 6.d. Application for a Final Subdivision Plat of Eagles Ridge No. 3 for the properties located at 3650 Eagles Ridge Drive and 1510 Townhall Road (Christensen) Refer to Plan Commission Attachment 7. LICENSES 7.a. Resolution considering approval of Applicants for an Alcohol Beverage Operator's (Bartender's) License August 11-25, 2017 (Stottler) Attachment 8. ORDINANCES Beloit City Council Meeting Agenda - September 05, 2017 Page 1 1

2 8.a. Proposed Ordinance to Repeal Section 14.06(6), to Repeal and Recreate Sections 14.06(2), (3) and (4), to Amend Sections 14.02(9), 7.06(2)(c), (d), 7.065, and 25.04(4)(d) of the Code of General Ordinances of the City of Beloit Pertaining to Rental Registration Certificates, Rental Dwelling Unit Inspections, Inspection Fees, and Enforcement of Parking Violations (Luther) Second Reading Attachment 8.b. Proposed Ordinance amending the Zoning District Map to change the Zoning District Classification from C-3 Community Commercial District to PUD, Planned Unit Development, for two portions of the property located at 2956 Milwaukee Road (Christensen) Plan Commission recommendation for approval 7-0 Second Reading Attachment 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 motion unless a council member requests to take up a nomination separately, in which event the nomination will be removed from 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 12.a. Resolution authorizing Schedule of Fees and Charges for certain Housing Inspections and Solid Waste Services (Luther) Attachment 12.b. The City Council may adjourn into closed session pursuant to 19.85(1)(g), Wis. Stats. for the purposes of conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved and pursuant to 19.85(1)(e), Wis. Stats. for the purposes of deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session ; namely, to discuss the Town of Beloit s incorporation petition and its request for a possible boundary agreement (Luther/Krueger) 12.c. The council may reconvene in open session and possibly take action on the matter discussed in closed session. 13. ADJOURNMENT ** Please note that, upon reasonable notice, at least 24 hours in advance, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information to request this service, please contact the City Clerk's Office at , 100 State Street, Beloit, WI Lorena Rae Stottler Beloit City Council Meeting Agenda - September 05, 2017 Page 2 2

3 City of Beloit Clerk-Treasurer City Council meetings occur on the first and third Mondays of the month. Meetings are televised on Charter Cable Access digital channel 992 and are live streamed via the Beloit Access Television (BATV) YouTube Channel. Council meetings are rebroadcast on Charter Cable Access digital channel 992 and are archived on the BATV YouTube Channel for viewing at your leisure. Beloit City Council Meeting Agenda - September 05, 2017 Page 3 3

4 City Council Agenda Item Report Agenda Item No Submitted by: Jelene Ahrens Submitting Department: City Manager Meeting Date: September 5, 2017 SUBJECT Proclamation recognizing Tom McCawley (Dunkin) Recommendation: ATTACHMENTS Attachment 4

5 WHEREAS, Tom McCawley has served as Vice-President for Beloit Health System since February, 2014, and as part of the Health System s administrative team is responsible for human resources, volunteers, education, marketing and community relations, environmental services, and biomedical engineering and security; and WHEREAS, he works tirelessly as the President of the Rotary Club of Beloit and drives social change by keeping focused on service projects that promote peace efforts, fight disease, provide clean water, save mothers and children, support education, and grow local economies; and WHEREAS, Tom has been a strong source of leadership because of his generous and humble spirit, serving on the Building and Property Committee, Community Grant Review Panel, and the Board of Directors for United Way Blackhawk Region, also serving on the Beloit Snappers Board of Directors; and WHEREAS, Tom leads by example; he s mission driven, community-minded, dedicated and leverages his vast personal and professional networks to inspire collaboration, volunteerism, philanthropy and unity; and WHEREAS, he was instrumental in organizing a vehicle charging station at Beloit Memorial Hospital to support clean energy, one of the first businesses in Rock County offering this resource to patients, staff and the broader community; and WHEREAS, he is an active church member at Our Lady of Assumption, serving on the Stewardship Commission, assisting at Mass as a lector and helping with the distribution of Communion; and WHEREAS, he advocates for health, education and the financial stability of all people in our community. NOW, THEREFORE, BE IT PROCLAIMED that the Beloit City Council does recognize and congratulate Tom McCawley for his generosity, professionalism and wholehearted commitment to bettering our Greater Beloit community by taking on local and world-wide projects, as well as myriad causes that make Beloit a better and safer place to live. Presented on the 5 th day of September, 2017 by the Beloit City Council. ATTEST: Kevin D. Leavy, City Council President Lorena Rae Stottler, City Clerk 5

6 City Council Agenda Item Report Agenda Item No Submitted by: Lorena Stottler Submitting Department: City Clerk-Treasurer Meeting Date: September 5, 2017 SUBJECT Approval of the Minutes of the Regular Meeting of August 21, 2017 (Stottler) Recommendation: Approve MInutes ATTACHMENTS Attachment 6

7 Page 1 MINUTES August 21, 2017 PROCEEDINGS OF THE BELOIT CITY COUNCIL 100 State Street, Beloit WI City Hall Forum 7:00 p.m. Monday, August 21, ) CALL TO ORDER AND ROLL CALL Present: Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Kevin Leavy, Nancy Forbeck Absent: Mark Preuschl 2) PLEDGE OF ALLEGIANCE 3) SPECIAL ORDERS OF THE DAY/ANNOUNCEMENTS President Leavy honored Sheila De Forest for her service to the City of Beloit as this is her last official meeting. He thanked her for her commitment to the Citizens of Beloit. She has been a long-serving counselor who is determined and outspoken. If she had a cause, she stood up for it. She fought her battle even if she was alone in the battle because it represented what she believed in. He presented her with a plaque for her service from He gave her a pin and a flag representing the City of Beloit. Sheila expressed her thanks and said that she loves that this council has always shown respect among each other even during civil discourse, and can still be friends. She is proud to be a Beloiter and will represent Beloit wherever she goes. Serving the City of Beloit has been such a privilege. She leaves Beloit knowing the City is in good hands with our new City Manager Luther and gave thanks for the high quality, confident and caring staff here in Beloit. 3.a Vice President Dunkin presented a proclamation recognizing Welders Supply Company to Mr. Charles Mueller and Mrs. Therese Mueller-McLain who were present to accept on behalf of WSC. Attachment File b Vice President Dunkin presented a proclamation celebrating the City of Beloit's racial and ethnic diversity and the importance of the role of the Equal Opportunities Commission to Steve Howland. Mr. Howland was present to accept the proclamation on behalf of the EOC, and thanked the council for responding so quickly. He hopes by this time next year we will be celebrating the progress we ve made in eliminating racism in our society. Attachment File ) PUBLIC HEARINGS 4.a Community Development Director Julie Christensen presented a resolution authorizing a Planned Unit Development (PUD)-Master Land Use Plan amendment for the properties located at 2850 and 2900 Milwaukee Road to 7

8 Page 2 MINUTES August 21, 2017 include two portions of 2956 Milwaukee Road. McBain Enterprises, Inc. has submitted an application to amend the Planned Unit Development (PUD) - Master Land Use Plan for the property located at 2850/2900 Milwaukee Road to include two portions of 2956 Milwaukee Road. A copy of the PUD - Master Land Use Plan Amendment is attached to this report. The applicant has proposed an amendment to the PUD, for the property located at 2850/2900 Milwaukee Road, to include two sections of the property located at 2956 Milwaukee Road. These proposed changes are intended to improve parking and driveway connectivity, and clean-up parcel boundaries for future sale. The original PUD for 2850/2900 Milwaukee Road was approved in 2013, which changed its zoning from C-3, Community Commercial District, to PUD, Planned Unit Development. This proposal would require the partial rezoning of 2956 Milwaukee Road, from C-3 to PUD. A Zoning Map Amendment (ZMA) submitted by the applicant is being considered concurrently with the PUD application. The C-3 district is intended to accommodate community-oriented retail sales and service uses. The PUD district is a special purpose zoning district that permits greater flexibility of land planning and site design. Once the submitted PUD and ZMA are approved, the applicant will submit a 3-Lot CSM for the subject properties. The Plan Commission reviewed this item on August 9, 2017 and voted unanimously (7-0) to recommend approval of the PUD, subject to the conditions recommended by Planning Staff. President Leavy opened the public hearing. No one spoke. President Leavy closed the public hearing. Moved by Nancy Forbeck Seconded by Regina Dunkin to adopt the resolution as presented. Motion carried 6 0. AYES: Kevin D. Leavy, Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Nancy Forbeck NOES: None Attachment File b Community Development Director Julie Christensen presented a proposed Ordinance amending the Zoning District Map to change the Zoning District Classification from C-3 Community Commercial District to PUD, Planned Unit Development, for two portions of the property located at 2956 Milwaukee Road for a first reading. McBain Enterprises, Inc. has submitted an application for a Zoning Map Amendment to change the zoning district classification from C-3, Community Commercial District, to PUD, Planned Unit Development District, for two portions of the property located at 2956 Milwaukee Road. The applicant intends to rezone two portions of the subject property and combine the rezoned portions to the property located at 2850/2900 Milwaukee Road, which is zoned PUD, Planned Unit Development District. These proposed changes are intended to improve parking and driveway connectivity, and clean-up parcel boundaries for future sale of lots. The property located at 2956 Milwaukee Road is 4.22 acres. The two portions of the subject property that are to be rezoned total 0.20 acre. The C-3 district is intended to accommodate community-oriented retail sales and service uses. The PUD district is a special purpose zoning district that permits greater flexibility of land planning and site design. 8

9 Page 3 MINUTES August 21, 2017 The PUD Master Land Use Plan Amendment application for 2850/2900 Milwaukee Road to include two portions of 2956 Milwaukee Road has not yet been approved and is also being considered by City Council. If the submitted PUD and ZMA are approved, the applicant will submit a CSM for these properties. This application is being considered in accordance with the Zoning Map Amendment procedures contained in Section of the Zoning Ordinance. The Plan Commission reviewed this item on August 9, 2017 and voted unanimously (7-0) to recommend approval of this Zoning Map Amendment President Leavy opened the public hearing. No one spoke. President Leavy closed the public hearing. Moved by Regina Dunkin Seconded by Nancy Forbeck to lay this item over to the September 5, 2017 regular meeting. Motion carried 6 0. AYES: Kevin D. Leavy, Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Nancy Forbeck NOES: None Attachment File ) PUBLIC COMMENTS - None 6) CONSENT AGENDA 6.a The Minutes of the Regular Meetings of August 7 and the Special Meeting of August 14, 2017 were approved. Attachment 6.b A petition for Wisconsin Power and Light Company for an Underground Electric Easement over a portion of Telfer Park located at 2301 Skyline Drive was referred to Plan Commission. Attachment File c A Bridge Construction Agreement and related Easements to the Ironworks Industrial Bridge Project was referred to Plan Commission. Attachment File 8766 Moved by Sheila De Forest Seconded by Sherry Blakeley to approve the consent agenda as presented. Motion carried 6 0. AYES: Kevin D. Leavy, Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Nancy Forbeck NOES: None 7) LICENSES 7.a Clerk-Treasurer, Lori Stottler presented a resolution considering approval of Applicants for an Alcohol Beverage Operator's (Bartender's) License through August 11, (1), Wis. Stats., requires the governing body to approve qualified applicants prior to issuance of the license. Applicants for an Alcohol Beverage Operator s (Bartender s) License must apply (or renew) on a bi-annual basis. This process requires an application, proof that a responsible beverage server training course was completed, payment of the applicable fee and submission to a background check of the Beloit Police Department. The City Council (as the governing body per state statute (1), Wis. Stats.) is required to approve all licenses prior to issuance. Immediate past practices are not compliant with state law. For this bi-annual application/renewal process, the application form was updated to conform to state law, apply best 9

10 Page 4 MINUTES August 21, 2017 practices, and provide better information for the Police Department to conduct thorough background checks on each applicant. This resolution includes all applicants to date for the renewal process up through August 11, Applicants who were denied are included at the conclusion of this list. Each denied applicant was provided a letter describing reasons for denial and information on their ability to appeal to the City Council. Council will see a list of applicants at each meeting hereafter. Moved by Clinton Anderson Seconded by Nancy Forbeck to adopt the resolution as presented. Motion carried 6 0. AYES: Kevin D. Leavy, Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Nancy Forbeck NOES: None Attachment File b Clerk-Treasurer, Lori Stottler presented a resolution approving a new Class "B" Beer and "Class B" Liquor License for G5 Brewing Company, LLC, d/b/a G5 Brewing Company, located at 1895 Gateway Boulevard, Lee Gunderson, Agent. Lee Gunderson is making application to establish his business to be located at 1895 Gateway Blvd to be known as G5 Brewing Company and is applying for a Class B Beer and Class B Liquor License for the license period ending June 30, G5 Brewing Company, LLC, is seeking to build a craft brewery with a restaurant in the City of Beloit and is requesting to establish a business with a Class B Beer and Class B Liquor License for the license period ending June 30, A complete application with fees has been submitted to the Clerk s office and was referred to the ABLCC for their August 8 th meeting by the City Council on August 7 th. The ABLCC reviewed this application and voted 5-0 to recommend approval of this license. The ABLCC reviewed the application to assure conformity with existing rules, regulations and zoning ordinances of the city and state and will make a recommendation to the Council based on their review at their August 8 th meeting. The Committee recommends approval on a vote of 5-0. Mr. Gunderson has a construction timeline consistent and dependent on the approval of this license being approved. The business will obtain the brewery license from the State and will be governed by the DOR. Moved by Regina Dunkin Seconded by Sherry Blakeley to adopt the resolution as presented. Motion carried 6 0. AYES: Kevin D. Leavy, Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Nancy Forbeck NOES: None Attachment File c Clerk-Treasurer, Lori Stottler presented a resolution approving new Class "B" Beer and "Class B" Liquor License for Little Mexico of Beloit LLC, d/b/a Little Mexico, located at 2787 Milwaukee Road, Adrian Cortes, Agent. Adrian Cortes Pichardo is applying for a Class B Beer and Class B Liquor License for the license period ending June 30, 2018 at his restaurant located at 2787 Milwaukee Road. He has held a Class B Beer and Class C Wine license at this location since The applicant was exploring other locations to move his business in 2017 due to the current location undergoing many renovations, 10

11 Page 5 MINUTES August 21, 2017 but the property owner and Mr. Cortes Pichardo have agreed to stay in this location and they d like to consider ways that he can expand his services to their customers. This application is an effort to expand what they currently offer. Adrian Cortes Pichardo has submitted an application for a Class B Beer and Class B Liquor License for the license period ending June 30, 2018 for the property located at 2787 Milwaukee Road, Beloit. A complete application with fees has been submitted to the Clerk s office and was referred to the ABLCC for their August 8 th agenda by the City Council on August 7 th. The ABLCC reviewed this application and voted 5-0 to recommend approval of this license. The ABLCC reviewed the application to assure conformity with existing rules, regulations and zoning ordinances of the city and state and will make a recommendation to the Council based on their review at their August 8 th meeting. The Committee recommends approval on a vote of 5-0. Moved by Regina Dunkin Seconded by Clinton Anderson to adopt the resolution as presented. Motion carried 6 0. AYES: Kevin D. Leavy, Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Nancy Forbeck NOES: None Attachment File ) ORDINANCES 8.a Interim Public Works Director, Dave Nord presented a proposed Ordinance to amend certain Sections of the Index of Special Locations, Section of the Code of General Ordinances of the City of Beloit, relating to the removal of Traffic Signals and the Establishment of Stop Signs at the Intersection of Bluff Street and W. Grand Avenue in the City of Beloit for a second reading. Moved by Sheila De Forest Seconded by Regina Dunkin to adopt the Ordinance as presented. Motion carried 6 0. AYES: Kevin D. Leavy, Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Nancy Forbeck NOES: None Attachment File 7914 Ordinance b City Manager, Lori S. Curtis Luther presented a proposed Ordinance to Repeal and Recreate Sections 14.06(2), (3) and (4), to Amend Sections 14.02(9), 7.06(2)(c), (d), 7.065, and 25.04(4)(d) of the Code of General Ordinances of the City of Beloit Pertaining to Rental Registration Certificates, Rental Dwelling Unit Inspections, Inspection Fees, and Enforcement of Parking Violations for a first reading. In 1994, the City of Beloit instituted a rental dwelling permit and systematic inspection program for residential rental properties in response to serious neighborhood concerns about the condition of the housing stock in the City of Beloit. The program has been supported by the community for over 20 years and addresses public health and safety issues that are unique to Beloit. The City currently has 14,803 dwelling units, and of these, 6,611 (45%) are rental. Over 40% of these rental units or roughly 2,700 units are single family homes. In 2016, the Wisconsin Legislature limited municipal authority to regulate residential rental properties. The law imposed limitations on the type of information the City can request as part of the permit program, but still allowed municipalities the ability to register and inspect residential rental properties. Shortly after the law was 11

12 Page 6 MINUTES August 21, 2017 enacted, local landlords filed suit against the City alleging that the City s residential rental program violated state law. The circuit court ruling provided clarification regarding the new law and direction for the parties moving forward. Although the city s residential rental registration program required some changes, the systematic inspection program remained intact. The proposed ordinance provides the required changes to the residential rental program in order to comply with the circuit court decision as well as offers new options and services that allow the City to address the public health and safety issues that the residents of Beloit have come to expect. 1. The proposed ordinance makes several changes to specific sections of and of the Municipal Code which regulate certain provisions of the residential rental registration program. As proposed, this section removes conditions that were formerly placed upon residential rental properties that no longer comply with state law; including, as part of the registration process, no longer requiring property owners to comply with Municipal Code violations, no longer requiring property owners to pay for delinquent bills or charges that are owed against the property, or to have the properties inspected prior to issuance of the registration. The proposed ordinance also removes the annual registration fee and provides that the City may only suspend a rental registration certificate if the application contains false or incorrect information. Finally, the proposed ordinance will allow delinquent and unpaid fees, as outlined below, to be placed on the tax roll along with an administrative charge comparable to other delinquent and unpaid fees owed to the City. 2. The proposed ordinance includes a modification to the existing inspection program. The new inspection program includes five specific program components outlined below: a. Systematic Inspection Program the existing interior program is expanded to include the exterior of the properties. A new interior/exterior checklist will be created that differentiates between major and minor violations. All rental units inspected under this program will be charged the following fees at the time of inspection: SYSTEMATIC INSPECTION PROGRAM Description Fee Comments Initial Inspection $120/each First Reinspection $150/each Fee is waived if no major or three or fewer minor violations are found $200/each Fee is waived if no major or three or fewer minor violations are found Second or Subsequent Reinspection *Boarding/Rooming House - Inspection Fees are as stated above for each inspection, plus a per room charge of $20 per unit as opposed to the full inspection fee for each room. b. Voluntary Inspection Program (VIP) This is a new interior/exterior inspection service which is available to all residential properties in the City of Beloit. Interior/exterior inspections would be scheduled and completed upon request. For residential rental properties, the property owners can request an interior/exterior inspection prior to the rental property s systematic inspection. Successful completion of the program with full compliance allows the property owner to receive up to a two-year extension of the property s next systematic inspection. In other words, the successful completion of the VIP program allows the property owner 12

13 Page 7 MINUTES August 21, 2017 up to 5 years between required inspections. Fees for VIP inspections must be pre-paid and are proposed as follows: VOLUNTARY INSPECTION PROGRAM (VIP) Description Fee Comments Initial Inspection $100/each First Reinspection $100/each Fee is waived if no major or three or fewer minor violations are found $100/each Fee is waived if no major or three or fewer minor violations are found Second or Subsequent Reinspection *Boarding/Rooming House - Inspection Fees are as stated above for each inspection, plus a per room charge of $10 per unit as opposed to the full inspection fee for each room. c. Complaint-Based Inspection Program The City will continue its inspection program related to specific complaints that it receives about health and safety conditions. Complaints are received from a variety of sources, including concerned family members, tenants, utility companies, and government agencies, such as police and fire departments, and Rock County Child Protective Services. Upon such complaints, the City will work with the property owners or tenants to conduct any required inspections. Inspection fees will be charged at the time of inspection. The fees are proposed as follows: COMPLAINT-BASED INSPECTION PROGRAM Description Fee Comments Initial Inspection First Reinspection $120/each Fee is waived if no major or three or fewer minor violations are found $150/each Fee is waived if no major or three or fewer minor violations are found $200/each Fee is waived if no major or three or fewer minor violations are found Second or Subsequent Reinspection *Boarding/Rooming House - Inspection Fees are as stated above for each inspection, plus a per room charge of $20 per unit as opposed to the full inspection fee for each room. d. Expanded Parking Enforcement Authority The Police Department recommends expanding enforcement authority for Code Enforcement staff to include enforcement authority for state and local parking violations. This will provide a greater level of service to neighborhoods for issues related to complaints of illegal parking. e. Formal Expansion of Enforcement Authority for Right-of-Way Inspections Code enforcement staff have provided enforcement support to the Solid Waste/Recycling team for a number of years. Prior general operating budgets have not reflected the monetary support for general fund staff providing a service to the Solid Waste/Recycling fund. Staff recommends increasing the solid waste fee to cover a portion of time spent on right-ofway enforcement, while continuing to support the Solid Waste/Recycling Program. The rate adopted in 2009 was $11.50/month; in 2010, $13.00/month; and in 2012, $14.00/month. The fee proposal is for $16.00/month which is comparable or less than existing solid waste providers in the region. Also, the Solid Waste team has asked for a fee for special pick-ups at the request of property owners. The proposed fee is $10.00 per cart. 13

14 Page 8 MINUTES August 21, 2017 Sheila De Forest wished to go on the public record to express herself with these changes. The VIP is a good idea to provide for voluntary compliance and is a proactive way to invite city staff to look at properties for those owners wishing to participate. She said she is against systematic internal inspections and believes it's a violation of privacy as tenants are due privacy rights and it's unjust and undue for the city to decide to inspect the internal premise. She is for it when there is a justified cause for that or if clearly, some external damage that warrants internal safety concerns would make sense. But a routinely scheduled inspection is unfair. She believes that concerns become paternalistic when they are imposed on people as an infringement of people's rights. Homeowners would not allow for this and it's unfair to force ourselves on tenants. Councilor Forbeck partially agrees with Councilor De Forest. However, in her role she has heard from people who wanted an inspection, and needed one, but they were retaliated against for wanting that. She leans toward this program due to the concerns she's learned about. President Leavy asked about the VIP program. He said if he lives in a rental property, he couldn't see himself calling in an inspection need for fear that he would be put out of his home. He also doesn't understand the benefits of landlords signing up to participate in this voluntary program. City Manager Luther explained that reduced fees and a lengthier time for inspections from 3-5 years is the benefit. He thinks the complaint based inspection is a great thing. He also wanted to clearly note that there are plenty of good landlords in this City, but we also need to make sure that the homes of our renters are properly cared for and the homes are properly maintained. He's not opposed to reporting homeowners as well. He stated that fundamentally, a rental property is a business venture indicating a profit, and regulation is expected, versus a homeowner whose investment is private. Data supports major life-safety violations found in these inspections. As far as holding the property owners responsible, President Leavy believes that if he's the landlord and it's his business, then he assesses his tenants with violations on the property in order to stay on the property. The individual who owns the property is the logical place to assess fines with. Councilor Blakeley says there is already an existing program for interior and this makes sense to include the exterior. The fees are moderate and she is in favor of the program, however, she feels that more educational aspects are necessary to move this in a progressive manner. Moved by Nancy Forbeck Seconded by Sherry Blakeley to lay this item over to the September 5, 2017 regular meeting. Motion carried 6 0. AYES: Kevin D. Leavy, Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Nancy Forbeck NOES: None Attachment File ) APPOINTMENTS 9.a The undersigned Kevin D. Leavy, duly elected President of the Beloit City Council, subject to confirmation by the Beloit City Council, does hereby appoint the following citizen members to the vacancies and terms indicated below, said appointments being pursuant to nominations made and approved by the Appointment Review Committee at the Regular meeting held August 14, Alcohol Beverage License Control Committee 14

15 Page 9 MINUTES August 21, 2017 Incumbent Dr. Dennis Baskin as Beloit School District s Representative for the school year Business Improvement District (Downtown Beloit Association) Board Guy Bucciferro, 45 State Street (replacing Renee Kellogg as Owner Occupant) for a term ending December 31, 2017 Equal Opportunities Commission Kevin D. Young, Jr., 220 St. Lawrence (replacing Jennifer Perreault) to a term ending June 30, 2019 Municipal Library Board Incumbent Shelly Cronin as Beloit School District s Representative for the school year. Park, Recreation and Conservation Advisory Commission Laurie Endres, 1721 Morgan Terrace (replacing Shelly Cronin) as Beloit School District s Representative for the school year. Moved by Sherry Blakeley Seconded by Nancy V. Forbeck to approve the recommended appointments. Motion carried 6 0. AYES: Kevin D. Leavy, Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Nancy V. Forbeck NOES: None Attachment File ) COUNCILOR ACTIVITIES AND UPCOMING EVENTS Councilor Anderson attended the Farmers Market. He also attended a vigil to condemn racism and hate in connection with the current events in Charlottesville, VA. He attended a peace walk on Sunday, sponsored by Switch Lanes. He went to the Welty Environmental Center today for the Solar Eclipse. Merrill Community Center open house is next Tuesday. He bid farewell to Sheila and said he will miss her as a colleague. Councilor Blakeley wished Sheila Deforest farewell and said it was a privilege to work alongside such a dedicated community member. She is certain Sheila will make a difference wherever she goes. She attended a vigil in Horace White Park and the Peace Walk this past Sunday. She also attended the EOC meeting last week. She is happy to live in a diverse community where we speak up for peace and justice. Councilor Forbeck said it has been an honor to work with Sheila De Forest. Some years ago she was on the Community Action Board with Sheila and noticed how very adept she was at looking at matters. She took her grandchildren to the Confluence today for the Solar Eclipse and attended a Snappers game. Her granddaughter participated in the Dirty Dash and had much fun. There were over 600 kids registered this year. Vice President Dunkin attended the Appointment Review Committee and encouraged citizens to apply for vacancies on our committees and commissions. She attended the YMCA ribbon cutting last week and commented that the new facility looks amazing and compliments the downtown. Regina Dunkin days raised $3000 to transfer students to the new YMCA by bus. She thanked donors for joining her in the fundraiser. Special thanks to Steve Howland and Welders Supply for the great works they do in the City of Beloit. Kevin Leavy attended to YMCA open house and said it may even get him to go it's so wonderful! He thanked Chief Liggett for his departments assistance in the Burlington WI area where flooding was present. We don't always see the places our City staff goes to assist in our greater community and neighbors in need. He 15

16 Page 10 MINUTES August 21, 2017 also thanked the Police Department for being community focused and continually improving the professionalism within. He commended them for their diversity and the willingness to talk about tough things. He congratulated Switch lanes for their first event here in Beloit. He went to his elementary school this past week (Waterman) at New Zion Baptist. He bid final farewell to Sheila and stated she will truly be missed in the City of Beloit. Councilor De Forest read a farewell statement. She has been visiting each of the 46 parks in Beloit as she prepares to move away. It occurred to her that so many before her have walked these paths and was reminded that Beloit College was founded by abolitionists, rich and poor, determined to have equal access to education. While wealthy benefactors have had a hand in the development of Beloit by providing important financial resources, the people of Beloit have always rallied together for the success of all residents. Without strong vibrant and healthy neighborhoods, and thriving people, only those who are well off or visitors from out of town have the luxury of visiting our beautiful spaces and reap the rewards of those investments. As a City Councilor, it is her responsibility to represent the people; all the people. And the safety and welfare of the residents is her highest charge and greatest priority. Corporate interest should never take precedence or hold higher rank than the regular folk of Beloit. She's proud to be one of many, many residents who have played a small part in making Beloit a special place. She is proud of the capacity of the leadership here and assured us that no matter where she roams, Beloit will always be a place that she is proud to call home. 11) CITY MANAGER S PRESENTATION City Manager Luther publicly acknowledged Shelia De Forest and her contributions to the City of Beloit. She thanked Sheila for being part of the original council that brought her and her family to Beloit. It has shaped and altered the course of her career and their life and they are now Beloiters. She thanked Sheila for helping make that happen and said good luck to her in her travels. 12) REPORTS FROM BOARDS AND CITY OFFICERS - None 13) ADJOURNMENT Moved by Sheila De Forest Seconded by Nancy V. Forbeck to adjourn at 8:18 p.m. Motion carried 5-0 AYES: Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Nancy V. Forbeck NOES: None Lorena Rae Stottler, City Clerk-Treasurer Date approved by City Council: September 5,

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18 City Council Agenda Item Report Agenda Item No Submitted by: Lorena Stottler Submitting Department: Engineering Meeting Date: September 5, 2017 SUBJECT Resolution approving an Underground Electric Easement on a portion of Telfer Park located at 2301 Skyline Drive (Frisbee) Plan Commission Recommendation for approval 7-0 Recommendation: ATTACHMENTS Attachment 18

19 RESOLUTION APPROVING AN UNDERGROUND ELECTRIC EASEMENT ON A PORTION OF TELFER PARK LOCATED AT 2301 SKYLINE DRIVE WHEREAS, the attached Underground Electric Easement will allow Wisconsin Power and Light Company to construct underground electric cables on a portion of the City-owned park land located at 2301 Skyline Drive; and WHEREAS, the proposed easement area, described on Exhibits A and B, is located on a portion of Telfer Park located at 2301 Skyline Drive and measures 12 feet in width and feet in length (4, square feet) and 20 feet by 20 feet (400 square feet); and WHEREAS, the attached Underground Electric Easement will not interfere with the continued use of the property as a City-owned public park, and has been recommended for approval by the Park, Recreation & Conservation Advisory Commission and the Plan Commission. NOW, THEREFORE, BE IT RESOLVED that the attached Underground Electric Easement is hereby approved, subject to the following conditions: 1. This approval is limited to the 5, square-foot area identified and described on Exhibits A and B. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the attached Underground Electric Easement on behalf of the City of Beloit. Adopted this 5 th day of September, BELOIT CITY COUNCIL ATTEST: Kevin D. Leavy, Council President Lorena Rae Stottler, City Clerk 19

20 REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: Underground Electric Easement for Wisconsin Power and Light Company at 2301 Skyline Drive Date: September 5, 2017 Presenter(s): Bill Frisbee Department: Engineering Overview/Background Information: Wisconsin Power and Light Company has submitted the attached petition requesting an underground electric easement on a portion of Telfer Park located at 2301 Skyline Drive as shown on the attached exhibit B. Key Issues (maximum of 5): The applicant is requesting a 12 foot wide underground electric easement over a portion of Telfer Park to rely/reroute existing power feed cables. The purpose of this request is to update the cables and provided a more reliable looped feed to the ice rink and the fire station to the south; these cables will also loop two other transformers to the north that feed the ball diamond facilities. Originally, the applicant had requested to do the work without an easement as it is essentially a service line for a pavilion and a back-up service feed to the fire station; however, the City Engineer determined it was best if the proposed line were in an easement as it is not just a service feed to one facility. The granting of an easement over a City park requires consideration by the Park, Recreation & Conservation Advisory Commission, Plan Commission, and City Council. The Park, Recreation & Conservation Advisory Commission recommended approval on June 14, The Plan Commission reviewed this item on August 23, 2017 and voted unanimously (7-0) to recommend approval of the Underground Electric Easement. Conformance to Strategic Plan (List key goals this action would support and briefly discuss its impact on the City s mission.): Consideration of this request supports strategic goal #5, which is to create and sustain high quality infrastructure and connectivity. This proposed utility easement will help sustain city facilities and plan for future needs. Sustainability: Reduce dependence upon fossil fuels N/A Reduce dependence on chemicals and other manufacturing substances that accumulate in nature N/A Reduce dependence on activities that harm life sustaining eco-systems N/A Meet the hierarchy of present and future human needs fairly and efficiently N/A Action required/recommendation: City Council consideration and action on the proposed Resolution. Fiscal Note/Budget Impact: N/A Attachments: Resolution and Staff Report to the Plan Commission 20

21 REPORT TO THE BELOIT CITY PLAN COMMISSION Meeting Date: August 23, 2017 Agenda Item: 5 File Number: RPB Applicant: Wisconsin Power and Light Company Owner: City of Beloit Location: 2301 Skyline Drive Request Overview/Background Information: Wisconsin Power and Light Company has submitted the attached petition requesting an underground electric easement over a portion of Telfer Park located at 2301 Skyline Drive as shown on the attached exhibit B. A copy of the proposed Utility Easement Agreement is attached to this report. Key Issues: The applicant is requesting a 12 foot wide underground electric easement over a portion of Telfer Park to relay/reroute existing power feed cables. The purpose of this request is to update the cables and provided a more reliable looped feed to the ice rink and the fire station to the south; these cables will also loop two other transformers to the north that feed the ball diamond facilities. Originally, the applicant had requested to do the work without an easement as it is essentially a service line for a pavilion and a back-up service feed to the fire station; however, the City Engineer determined it was best if the proposed line were in an easement as it is not just a service feed to one facility. The Plan Commission must review and the City Council must approve the granting of easements over City-owned properties. Consistency with Strategic Plan: Consideration of this request supports City of Beloit Strategic Goal #5, which is to create and sustain high quality infrastructure and connectivity. This proposed utility easement will help sustain city facilities and plan for future needs. Sustainability: (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 utilizing the four following eco-municipality guidelines) Reduce dependence upon fossil fuels N/A Reduce dependence on chemicals and other manufacturing substances that accumulate in nature N/A Reduce dependence on activities that harm life sustaining eco-systems N/A Meet the hierarchy of present and future human needs fairly and efficiently N/A Staff Recommendation: The Planning & Building Services Division recommends approval of the attached petition requesting an underground electric easement over a portion of Telfer Park located at 2301 Skyline Drive as shown on the attached exhibit B. Fiscal Note/Budget Impact: N/A Attachments: Location & Zoning Map, Petition, Easement with Exhibits, and Easement Map. 21

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29 City Council Agenda Item Report Agenda Item No Submitted by: Mike Flesch Submitting Department: Engineering Meeting Date: September 5, 2017 SUBJECT Resolution awarding Public Works Contract C17-19, Bridge Sealing and Painting (Flesch) Recommendation: Approve Resolution ATTACHMENTS Attachment 29

30 RESOLUTION AWARDING PUBLIC WORKS CONTRACT C17-19 Bridge Sealing and Painting WHEREAS, on August 24, 2017, two competitive bids were received, the low bid being from Waumandee Creek Sealants, LLC; and WHEREAS, Waumandee Creek Sealants, LLC is a qualified bidder. THEREFORE, BE IT RESOLVED that Public Works Contract C17-19, Bridge Sealing and Painting, is hereby awarded to Waumandee Creek Sealants, LLC, Fountain City, WI, in the following amounts: Waumandee Creek Sealants, LLC PO Box 156 Fountain City, WI Base Bid $ 45, Allowance for Change Orders and/or Extra Work $ 5, TOTAL PROJECT COST $ 51, BE IT FURTHER RESOLVED that the amount of $51, is hereby funded as follows: P Street Maintenance $ 51, TOTAL $ 51, Dated at Beloit, Wisconsin this 5th day of September, City Council of the City of Beloit ATTEST: Kevin D. Leavy, President Lorena Rae Stottler, City Clerk 30

31 CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: Award of Contract C17-19, Bridge Sealing and Painting Date: September 5, 2017 Presenter(s): Mike Flesch P.E., City Engineer Department(s): Public Works/ Engineering Overview/Background Information: This project will preserve five bridges through the application of protective coatings. Key Issues (maximum of 5): 1. Two bids were received for this project. The low bid of $ 45, was from Waumandee Creek Sealants, LLC and is 20.0% less than the engineer s estimate of $ 56, Waumandee Creek Sealants, LLC is considered a responsible bidder for this project. 3. The costs for this project are as follows: $ 45, for construction, $ 5, for Change Orders or extra work, for a total of $ 51, The four bridges being sealed and are: Shirland Avenue Bridge, Grand Ave Bridge, Park Avenue Bridge and Gateway Boulevard Bridge. 5. The Portland Avenue Bridge will have the parapet walls painted. Conformance to Strategic Plan (List key goals this action would support and briefly discuss its impact on the City s mission.): Approval of this resolution would conform with Goal #5 s stated purpose of creating and sustaining high quality infrastructure and connectivity by improving the appearance and extending the service life of city streets, while lowering street maintenance costs. Sustainability (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 utilizing the four following eco-municipality guidelines.): Reduce dependence upon fossil fuels n/a Reduce dependence on chemicals and other manufacturing substances that accumulate in nature n/a Reduce dependence on activities that harm life sustaining eco-systems n/a Meet the hierarchy of present and future human needs fairly and efficiently The sealed bridges meet the present and future human needs through extended service life. If any of the four criteria are not applicable to your specific policy or program, an N/A should be entered in that space. Action required/recommendation: The Engineering Division recommends awarding this Public Works Contract to Waumandee Creek Sealants, LLC in the amount of $ 45, Fiscal Note/Budget Impact: Funding is available from the Street Maintenance budget. Revised

32 CITY OF BELOIT DEPARTMENTAL CORRESPONDENCE TO: Mike Flesch FROM: Andy Hill, Project Engineer DATE: August 24, 2017 SUBJECT: Bid Results for Contract C17-19 Bridge Sealing and Painting Pursuant to advertisements placed August 9 and August 16, bids were received until 2:00 PM on August 24 for the Bridge Sealing and Painting. A tabulation of bids is attached. Two bids were received for this project as follows: 1. Waumandee Creek Sealants, LLC Fountain City, WI $ 45,137.00*Low 2. Norcon Corporation Weston, WI $ 56, Engineer's Estimate $ 56, Upon review of the Contractor s Proof of Responsibility Statement, Waumandee Creek Sealants, LLC is determined to be a responsible bidder. I recommend that the contract be awarded to Waumandee Creek Sealants, LLC of Fountain City, WI. The following is a breakdown of the proposed project cost: COSTS Waumandee Creek Sealants, LLC $ 45, Allowance for Change Orders and/or Extra Work $ 5, TOTAL PROJECT COST $ 51, PROJECT INFORMATION This project will preserve five bridges through the application of protective coatings. 32

33 Item No Tabulation of Bids Contract C17-19 Bridge Sealing and Painting Bids Opened August 24, 2:00 PM Site Preparation Engineer's Estimate Waumandee Creek Sealants, LLC Fountain City, WI Norcon Corporation Weston, WI Bid Item Description Unit Price Price Price Shirland Avenue Bridge: Clean and Apply deck sealer (estimate 140 gallons) Grand Avenue Bridge: Clean and Apply deck sealer (estimate 122 gallons) Park Avenue Bridge: Clean and Apply deck sealer (estimate 82 gallons) Porland Avenue Bridge: Prep and Paint accessible surfaces of parapet walls (estimate 570 SY) Gateway Boulevard Bridge: Clean and Apply deck sealer (estimate 29 gallons) Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum $10, $12, $10, $9, $10, $9, $6, $7, $6, $28, $11, $27, $2, $3, $2, Total Proposal $56, $45, $56,

34 City Council Agenda Item Report Agenda Item No Submitted by: Drew Pennington Submitting Department: Community Development Meeting Date: September 5, 2017 SUBJECT Application for a Final Subdivision Plat of Eagles Ridge No. 3 for the properties located at 3650 Eagles Ridge Drive and 1510 Townhall Road (Christensen) Refer to Plan Commission Recommendation: ATTACHMENTS Attachment 34

35 REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: Final Subdivision Plat of Eagles Ridge No. 3 for the properties located at 3650 Eagles Ridge Drive and 1510 Townhall Road Council Referral to the Plan Commission Date: September 5, 2017 Presenter(s): Julie Christensen Department: Community Development Overview/Background Information: New Leaf Homes LLC has submitted the attached Final Plat of Eagles Ridge No. 3, which includes the vacant 7.3-acre parcel located at 3650 Eagles Ridge Drive and the vacant 1-acre parcel located at 1510 Townhall Road to be used for temporary stormwater detention. Key Issues: The subdivision of land requires approval of a Preliminary Plat, followed by approval of a detailed Final Plat, which must substantially conform to the layout of the Preliminary Plat. A recorded Final Plat actually creates the lots, and may include the entire Preliminary Plat area or phases. The Preliminary Plat of Eagles Ridge No. 3 was approved by the Plan Commission on August 9 th. The Final Plat includes all of the Preliminary Plat area. As shown on the attached plat, the applicant has proposed the completion of Eagles Ridge Drive and the creation of 22 new single-family lots with an average lot area of 11,500 square feet. The subject property is already zoned R-1A, Single-Family Residential. The proposed street has a right-of-way width of 66 feet with pavement width of 32 feet, and will include new utilities and curb & gutter. As shown on the plat, proposed Lots will drain to a proposed temporary stormwater detention area at the end of Quail Run, while the other proposed lots will drain to an existing stormwater detention area in the first phase of this subdivision. The City and developer will soon begin negotiating a Development Agreement regarding the proposed infrastructure. According to Section of the Subdivision Ordinance, a Final Plat requires review by the Plan Commission prior to City Council consideration. Conformance to Strategic Plan: Consideration of this request supports City of Beloit Strategic Goals #3 and #5 by encouraging residential growth with high quality infrastructure. Sustainability (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 utilizing the four following eco-municipality guidelines.): Reduce dependence upon fossil fuels The proposed subdivision will include bike/ped infrastructure. Reduce dependence on chemicals and other manufacturing substances that accumulate in nature N/A Reduce dependence on activities that harm life sustaining eco-systems N/A Meet the hierarchy of present and future human needs fairly and efficiently The proposed plat will fill a void in the Eagles Ridge Subdivision by providing a more direct street and path connection to the subdivision s entrance on Townhall Road, and will create 22 new single-family lots to serve growing demand in the area. Action required/recommendation: Referral to the Plan Commission for the September 6, 2017 meeting This item will most likely return to the City Council for possible action on September 18, 2017 Fiscal Note/Budget Impact: N/A Attachments: Proposed Final Plat, Application, & Plan Commission Resolution. FS , Final Plat of Eagles Ridge No. 3, Council Referral 35

36 FS , Final Plat of Eagles Ridge No. 3, Council Referral 36

37 FS , Final Plat of Eagles Ridge No. 3, Council Referral 37

38 FS , Final Plat of Eagles Ridge No. 3, Council Referral 38

39 City Council Agenda Item Report Agenda Item No Submitted by: Jelene Ahrens Submitting Department: City Clerk-Treasurer Meeting Date: September 5, 2017 SUBJECT Resolution considering approval of Applicants for an Alcohol Beverage Operator's (Bartender's) License August 11-25, 2017 (Stottler) Recommendation: approve ATTACHMENTS Attachment 39

40 RESOLUTION APPROVING APPLICANTS FOR AN ALCOHOL BEVERAGE OPERATOR S (BARTENDER S) LICENSE AUGUST 11-25, 2017 WHEREAS, the applicants listed in the attached document, which is incorporated herein by reference, have applied for operator's licenses; and WHEREAS, some of the applicants listed in the attached document are recommended by the Police Department and the City Clerk-Treasurer s Office for approval; and NOW, THEREFORE, BE IT RESOLVED THAT the applicants who are recommended for approval are hereby approved for the period ending June 30, The City Clerk-Treasurer s Office is directed to issue the license to the applicant(s). Adopted this 5 th day of September, CITY COUNCIL FOR THE CITY OF BELOIT Kevin D. Leavy, Council President ATTEST: Lorena Rae Stottler, City Clerk-Treasurer 40

41 CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: Resolution Considering the Applications for Alcohol Beverage Operator s (Bartender s) Licenses [ cycle through August 25, 2017] Date: September 5, 2017 Presenter: Lori Stottler Department: City Clerk-Treasurer Overview/Background Information: Applicants for an Alcohol Beverage Operator s (Bartender s) License must apply (or renew) on a bi-annual basis. This process requires an application, proof that a responsible beverage server training course was completed, payment of the applicable fee and submission to a background check of the Beloit Police Department. The City Council (as the governing body per state statute (1), Wis. Stats.) is required to approve all licenses prior to issuance. Immediate past practices are not compliant with state law. For this bi-annual application/renewal process, the application form was updated to conform to state law, apply best practices, and provide better information for the Police Department to conduct thorough background checks on each applicant. The attached resolution includes all applicants to date for the renewal process up through August 25, Applicants who were denied are included at the conclusion of this list. Each denied applicant was provided a letter describing reasons for denial and information on their ability to appeal to the City Council. Council will see a list of applicants at each meeting hereafter. Key Issues: 1. The process for obtaining an Operator s (Bartender s) License in the City of Beloit requires multiple steps: a. Complete the application and proof of responsible beverage server training, show ID, pay applicable fees and background investigation. b. Upon completion of background investigation, the Police Department returns the application(s) to the Clerk-Treasurer with its recommendation for approval or denial. c. Applications recommended for denial are sent a letter stating the reasons for the recommendation of denial and the opportunity to appeal to the governing body. Applications recommended for approval and those that do not appeal are placed on the master list and submitted to Council every two weeks for consideration. d. Upon Council approval, City Clerk-Treasurer issues the license (1), Wis. Stats., requires the governing body to approved qualified applicants prior to issuance of the license. 3. This license cycle runs July 1, 2017 through June 30, A 2-year cycle can generally include more than 800 licenses during that time [ cycle included 815 Operators]. 4. This list includes 11 applicants taken between August 11, 2017 and August 25, Future lists will include applicants in the prior two-week period, and if necessary, a provisional license may be issued to the applicant to complete the approval process. Should the applicant not be approved, their provisional license will expire and a new license will not be issued. 6. This process is consistent with state statute as well as guidance from the League of Wisconsin Municipalities guidance for Municipal Licensing and Regulation of Alcohol Beverages. Conformance to Strategic Plan (List key goals this action would support and briefly discuss its impact on the City s mission.): Approval of this project would conform with Goal #2 s stated purpose of creating and sustaining a high performing organization. Sustainability (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 utilizing the four following eco-municipality guidelines.): Reduce dependence upon fossil fuels N/A Reduce dependence on chemicals and other manufacturing substances that accumulate in nature N/A Reduce dependence on activities that harm life sustaining eco-systems N/A Meet the hierarchy of present and future human needs fairly and efficiently N/A If any of the four criteria are not applicable to your specific policy or program, an N/A should be entered in that space Action required/recommendation: Approval of the Resolution Fiscal Note/Budget Impact: Each applicant pays $50 for a 2-year license and $35 for a 1-year license. Attachments: Proposed Resolution 41

42 APPLICATIONS RECOMMENDED FOR APPROVAL NAME EMPLOYER NAME Anastase, Jessica L. Merrill & Houston's Bexell, Aaron L. Speedway #4293 Howard, Jill R. Tilley's Pizza House Karst, Faith Patti's Road Dawg Pub Peters, Savannah M. The Restaurant at "Muni" Saunders, Brandi M. Stone, Barbara M. Speedway #4293 Tabbert, Michael L. Ironworks Golf Lab Thomas, Julianna J. Speedway #4293 Toles, Gabrielle C. Speedway #4087 Williams, Julio N. 42

43 City Council Agenda Item Report Agenda Item No Submitted by: Lorena Stottler Submitting Department: Community Development Meeting Date: September 5, 2017 SUBJECT Proposed Ordinance to Repeal Section 14.06(6), to Repeal and Recreate Sections 14.06(2), (3) and (4), to Amend Sections 14.02(9), 7.06(2)(c), (d), 7.065, and 25.04(4)(d) of the Code of General Ordinances of the City of Beloit Pertaining to Rental Registration Certificates, Rental Dwelling Unit Inspections, Inspection Fees, and Enforcement of Parking Violations (Luther) Second Reading Recommendation: adopt as presented ATTACHMENTS Attachment 43

44 ORDINANCE NO. AN ORDINANCE TO REPEAL SECTION 14.06(6), TO REPEAL AND RECREATE SECTIONS 14.06(2), (3) AND (4), TO AMEND SECTIONS 14.02(9), 7.06(2)(C), (D), 7.065, AND 25.04(4)(D) OF THE CODE OF GENERAL ORDINANCES OF THE CITY OF BELOIT PERTAINING TO RENTAL REGISTRATION CERTIFICATES, RENTAL DWELLING UNIT INSPECTIONS, INSPECTION FEES, AND ENFORCEMENT OF PARKING VIOLATIONS Section 1. Section 14.06(2) of the Code of General Ordinances of the City of Beloit is hereby repealed and recreated to read as follows: (2) ANNUAL RENTAL REGISTRATION CERTIFICATE REQUIRED. No property owner shall lease any dwelling unit to another person unless, at the time the dwelling unit is let, the owner possesses a valid rental registration certificate issued by the Community and Housing Services Division of the Department of Community Development for operation of that dwelling unit. No rental registration certificate shall be issued if the owner of the dwelling unit has done any of the following: (a) (b) Has failed to provide all information required by the application form or has failed to sign the application form. Has provided false or incorrect information on the application form. The issuance of an annual rental registration certificate does not warrant that the dwelling unit to which it is issued is free of ordinance violations or otherwise fit for human habitation. In this section "dwelling unit" has the meaning prescribed by 7.21(2) of this Municipal Code. In this section a dwelling unit shall be deemed "leased" or "rented" if the person occupying the dwelling unit pays any consideration to the owner of the premises for the right to occupy the dwelling unit. "Consideration" includes, but is not limited to, money, services, property, payment of the owner's mortgage, program fees or anything of value. If the dwelling unit is occupied by someone other than the owner, such occupancy shall give rise to a rebuttable presumption that the occupant has paid a consideration to the owner. Section 2. Section 14.06(3) of the Code of General Ordinances of the City of Beloit is hereby repealed and recreated as follows: (3) APPLICATION AND TERM. (a) Application. An application for a rental registration certificate shall be filed with the Community and Housing Services Division of the 1 44

45 Department of Community Development on a form provided by the Community and Housing Services Division. (b) Term. The rental registration certificate shall be issued for 12 months beginning on March 1 of each year and ending on the last day of February of each subsequent year. Section 3. Section 14.06(4) of the Code of General Ordinances of the City of Beloit is hereby repealed and recreated as follows: (4) SUSPENSION OF RENTAL REGISTRATION CERTIFICATE. (a) Suspension of Certificate. If the City shall find, at any time, that the application contains false or incorrect information, the certificate may be suspended by written notice to the property owner. (b) Leasing of Dwelling Unit After Suspension of Rental Registration Certificate is Prohibited. No property owner shall lease a dwelling unit to another person after the rental registration certificate for that dwelling unit is suspended. Any owner who lets a dwelling unit to another person while the rental registration certificate is suspended shall be subject to a forfeiture of not less than $500 nor more than $1,000 for a first offense, not less than $750 nor more than $1,000 for a second offense and not less than $1,000 for a third or subsequent offense. Each day that a violation continues to exist constitutes a separate violation of this paragraph. Section 4. Section 14.02(9) of the Code of General Ordinances of the City of Beloit is hereby amended to read as follows: (9) DELINQUENT DEBTS OWED TO THE CITY. (a) Denial of Annual Rental Registration Certificate, License or Permit. No annual rental registration certificate, license or permit or conditional use permit authorized or required by the Code of General Ordinances of the City of Beloit or by the Zoning Code of the City of Beloit shall be granted or issued: 1. To any person who owes any unpaid, delinquent personal property tax, real estate tax, room tax, special assessment, municipal court forfeiture, charges for false fire or burglar alarms or abandoned calls, parking ticket, sewer or water bill, ambulance bill, hazardous material spill response charge, inspection fee or Community Development Block Grant loan payment to the City of Beloit. 2. For any premises for which real estate taxes, sewer or water bills, room taxes or special assessments owed to the City are delinquent and unpaid. 2 45

46 3. For any premises containing personal property upon which a personal property tax owed to the City was assessed and the personal property tax remains unpaid and delinquent. Historic Note: Tavern League of Wisconsin v. City of Madison, 389 N.W.2d 54, 131 Wis.2d 477 (App. 1986). This paragraph (a) does not apply to annual dog licenses. In this subsection, an "annual rental registration certificate, license or permit" is a rental registration certificate, license or permit having a 12-month term or longer. An "annual rental registration certificate, license or permit" does not lose its status as such merely because it is issued after the beginning of the term or because the license or permit fee is prorated for the remainder of the term. "Person" includes a natural person, corporation, limited liability company, partnership, limited partnership, association, cooperative or any other entity making application for a license in the name of that entity. In this subsection, a Community Development Block Grant loan payment is delinquent if it is not paid within 30 days of the due date specified in the loan agreement. No annual rental registration certificate, license or permit shall be denied if a payment becomes delinquent after fully completed and properly executed application, together with any required application fee, has been filed with the appropriate City official. (b) (c) Bankruptcy. Paragraph (a) of this subsection does not apply to a person whose personal liability for payment of a delinquent tax or other charge has been discharged by order of a U.S. Bankruptcy Court or other court of competent jurisdiction. Paragraph (a) does not apply to a bankrupt or a bankrupt's premises covered by an automatic stay issued by a U.S. Bankruptcy Court or other court of competent jurisdiction while the automatic stay is in effect. Notice of Denial; Appeal. If the grant or issuance of an annual rental registration certificate, license or permit or conditional use permit is denied for nonpayment of delinquent taxes or charges, the person or department responsible for the issuance of the annual license or permit or conditional use permit, shall notify the applicant in writing that the rental registration certificate, license, permit or conditional use permit will not be granted or issued because of the unpaid delinquent taxes or charges. The notice shall be mailed to the applicant, by first class mail, at the address indicated by applicant in the application form. The notice shall advise the applicant that he/she may appeal the denial of the rental registration certificate, license, permit or conditional use permit to the City Council by filing a written notice of appeal with the City Clerk within 10 days of the date of the notice. The City Council shall afford the applicant a hearing after which the City Council shall grant or deny the rental registration certificate, license, permit or conditional use permit. 3 46

47 Section 5. Section 7.06(2)(c) of the Code of General Ordinances of the City of Beloit is hereby amended to read as follows: (c) Inspection of Structures and Premises Containing One or More Rental Units. Structures and premises containing one or more residential rental units shall be inspected as follows: 1. At least once every 3 years, under a systematic cyclical schedule devised by the Director of Community and Housing Services; and/or 2. When a resident of the City or a State or local governmental agency files a written or verbal complaint; or 3. When a building official determines the exterior condition of a structure or premises violates this code. Section 6. Section 7.06(2)(d) of the Code of General Ordinances of the City of Beloit is hereby created to read as follows: (d) The inspection schedule outlined in 7.06(2)(c)1 may be extended by no more than two (2) years provided the property has received a certificate of inspection from a governmental agency that complies with the inspection requirements of this Municipal Code and is approved by the Director of Community and Housing Services. Section 7. Section of the Code of General Ordinances of the City of Beloit is hereby repealed and recreated to read as follows: FEES. (a) (b) INSPECTION FEES. The City shall charge inspection fees as established by City Council resolution. CHARGES AGAINST THE PROPERTY. Any fee charged under this section shall be entered as a special charge against the property and collected in the manner provided in , Wis. Stats. If any fee, or any part thereof, remains unpaid after November 1 of any year, the fee shall be placed on the annual tax roll for collection as a special charge together with an administrative charge of $15. All rules and regulations relating to the collection of real estate taxes shall apply to the collection of fees under this section. 4 47

48 Section 8. Section 25.04(4)(d) of the Code of General Ordinances of the City of Beloit is hereby amended to include, in numerical order, the following additions and amendments to the list of city employees authorized to issue municipal citations for violation of city ordinances: Chapter Title Enforcement Official 13 Traffic Code (offenses related to non-moving parking offenses) Community Services Officer; Director of Community and Housing Services; Inspection Official; Compliance Specialist; Housing Code Enforcement Inspector assigned to conduct Fire Inspections Section 9. Section 14.06(6) of the Code of General Ordinances of the City of Beloit is hereby repealed. Section 10. 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 11. 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 12. This ordinance shall be in force and take effect upon passage and publication. Adopted this day of September, CITY COUNCIL FOR THE CITY OF BELOIT By: Kevin D. Leavy, President ATTEST: By: Lorena Rae Stottler, City Clerk PUBLISHED: EFFECTIVE DATE: tdh/ordinances/ Rental Registration Ordinance Changes ( ) 5 48

49 CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: Proposed Ordinance to repeal 14.06(6), to repeal and recreate sections 14.06(2), (3) and (4), to amend sections 14.02(9), 7.06(2)(c), (d), 7.065, and 25.04(4)(d) of the Code of General Ordinances of the City of Beloit pertaining to Rental Registration Certificates, Rental Dwelling Unit Inspections, Inspection Fees, and Enforcement of Parking Violations and Accompanying Fee Resolution Date: September 5, 2017 Presenter: Lori S. Curtis Luther Department: City Manager Overview/Background Information: In 1994, the City of Beloit instituted a rental dwelling permit and systematic inspection program for residential rental properties in response to serious neighborhood concerns about the condition of the housing stock in the City of Beloit. The program has been supported by the community for over 20 years and addresses public health and safety issues that are unique to Beloit. The City currently has 14,803 dwelling units, and of these, 6,611 (45%) are rental. Over 40% of these rental units or roughly 2,700 units are single family homes. In 2016, the Wisconsin Legislature limited municipal authority to regulate residential rental properties. The law imposed limitations on the type of information the City can request as part of the permit program, but still allowed municipalities the ability to register and inspect residential rental properties. Shortly after the law was enacted, local landlords filed suit against the City alleging that the City s residential rental program violated state law. The circuit court ruling provided clarification regarding the new law and direction for the parties moving forward. Although the city s residential rental registration program required some changes, the systematic inspection program remained intact. The proposed ordinance provides the required changes to the residential rental program in order to comply with the circuit court decision as well as offers new options and services that allow the City to address the public health and safety issues that the residents of Beloit have come to expect. The fee resolution that outlines all of the fees below is attached. Key Issues (maximum of 5): 1. The proposed ordinance makes several changes to specific sections of and of the Municipal Code which regulate certain provisions of the residential rental registration program. As proposed, this section removes conditions that were formerly placed upon residential rental properties that no longer comply with state law; including, as part of the registration process, no longer requiring property owners to comply with Municipal Code violations, no longer requiring property owners to pay for delinquent bills or charges that are owed against the property, or to have the properties inspected prior to issuance of the registration. The proposed ordinance also removes the annual registration fee and provides that the City may only suspend a rental registration certificate if the application contains false or incorrect information. Finally, the proposed ordinance will allow delinquent and unpaid fees, as outlined below, to be placed on the tax roll along with an administrative charge comparable to other delinquent and unpaid fees owed to the City. 2. The proposed ordinance includes a modification to the existing inspection program. The new inspection program includes five specific program components outlined below: a. Systematic Inspection Program the existing interior program is expanded to include the exterior of the properties. A new interior/exterior checklist will be created that lists those exterior items to be inspected during systematic inspections. All rental units inspected under this program will be charged the following fees at the time of inspection: SYSTEMATIC INSPECTION PROGRAM Description Fee Comments Initial Inspection $120/each First Reinspection $150/each Fee is waived if no major or three or fewer minor violations are found Second or Subsequent Reinspection $200/each Fee is waived if no major or three or fewer minor violations are found *Boarding/Rooming House - Inspection Fees are as stated above for each inspection, plus a per room charge of $20 per unit as opposed to the full inspection fee for each room. 49

50 b. Voluntary Inspection Program (VIP) This is a new interior/exterior inspection service which is available to all residential properties in the City of Beloit. Interior/exterior inspections would be scheduled and completed upon request. For residential rental properties, the property owners can request an interior/exterior inspection prior to the rental property s systematic inspection. Successful completion of the program with full compliance allows the property owner to receive up to a two-year extension of the property s next systematic inspection. In other words, the successful completion of the VIP program allows the property owner up to 5 years between required inspections. Fees for VIP inspections must be pre-paid and are proposed as follows: VOLUNTARY INSPECTION PROGRAM (VIP) Description Fee Comments Initial Inspection $100/each First Reinspection $100/each Fee is waived if no major or three or fewer minor violations are found Second or Subsequent Reinspection $100/each Fee is waived if no major or three or fewer minor violations are found *Boarding/Rooming House - Inspection Fees are as stated above for each inspection, plus a per room charge of $10 per unit as opposed to the full inspection fee for each room. c. Complaint-Based Inspection Program The City will continue its inspection program related to specific complaints that it receives about health and safety conditions. Complaints are received from a variety of sources, including concerned family members, tenants, utility companies, and government agencies, such as police and fire departments, and Rock County Child Protective Services. Upon such complaints, the City will work with the property owners or tenants to conduct any required inspections. Inspection fees will be charged at the time of inspection. The fees are proposed as follows: COMPLAINT-BASED INSPECTION PROGRAM Description Fee Comments Initial Inspection $120/each Fee is waived if no major or three or fewer minor violations are found First Reinspection $150/each Fee is waived if no major or three or fewer minor violations are found Second or Subsequent Reinspection $200/each Fee is waived if no major or three or fewer minor violations are found *Boarding/Rooming House - Inspection Fees are as stated above for each inspection, plus a per room charge of $20 per unit as opposed to the full inspection fee for each room. d. Expanded Parking Enforcement Authority The Police Department recommends expanding enforcement authority for Code Enforcement staff to include enforcement authority for state and local parking violations. This will provide a greater level of service to neighborhoods for issues related to complaints of illegal parking. e. Formal Expansion of Enforcement Authority for Right-of-Way Inspections Code enforcement staff have provided enforcement support to the Solid Waste/Recycling team for a number of years. Prior general operating budgets have not reflected the monetary support for general fund staff providing a service to the Solid Waste/Recycling fund. Staff recommends increasing the solid waste fee to cover a portion of time spent on right-of-way enforcement, while continuing to support the Solid Waste/Recycling Program. The rate adopted in 2009 was $11.50/month; in 2010, $13.00/month; and in 2012, $14.00/month. The fee proposal is for $16.00/month which is comparable or less than existing solid waste providers in the region. Also, the Solid Waste team has asked for a fee for special pick-ups at the request of property owners. The proposed fee is $10.00 per cart. Conformance to Strategic Plan (List key goals this action would support and briefly discuss its impact on the City s mission.): Approval of this project would conform with Goal #1 s stated purpose of creating and sustaining safe and healthy neighborhoods. Sustainability (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 utilizing the four following eco-municipality guidelines.): Reduce dependence upon fossil fuels N/A Reduce dependence on chemicals and other manufacturing substances that accumulate in nature N/A Reduce dependence on activities that harm life sustaining eco-systems N/A Meet the hierarchy of present and future human needs fairly and efficiently - The proposed changes will allow the City to ensure that housing is maintained in a decent, safe, and sanitary condition. If any of the four criteria are not applicable to your specific policy or program, an N/A should be entered in that space Action required/recommendation: Second reading of the proposed Ordinance. Approval of the Fee Resolution. Fiscal Note/Budget Impact: Fees assessed will be used to offset the costs of the program to the extent possible. Attachments: Proposed ordinance and fee resolution 50

51 City Council Agenda Item Report Agenda Item No Submitted by: Lorena Stottler Submitting Department: Community Development Meeting Date: September 5, 2017 SUBJECT Proposed Ordinance amending the Zoning District Map to change the Zoning District Classification from C-3 Community Commercial District to PUD, Planned Unit Development, for two portions of the property located at 2956 Milwaukee Road (Christensen) Plan Commission recommendation for approval 7-0 Second Reading Recommendation: adopt as presented ATTACHMENTS Attachment 51

52 ORDINANCE NO. 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 two portions of the property located at 2956 Milwaukee Road, is hereby changed from C-3, Community Commercial District to PUD, Planned Unit Development District: Being part of Lot 2 of Certified Survey Map Document No as recorded in Volume 14 on Pages of Certified Survey Maps, being part of the Southwest ¼ of the Southeast ¼ of Section 20 and part of the Northwest ¼ of the Northeast ¼ of Section 29, T. 1 N., R. 13 E., of the 4 th P.M., City of Beloit, Rock County, Wisconsin, more particularly described as follows: Beginning at the Northwest corner of said Lot 2; thence North East, 7.3 feet along the South right-of-way line of the service road; thence South East, feet; thence North East, feet; thence South East, feet; thence South West, feet to the West line of said Lot 2; thence North East, feet; thence continue, North West, feet to the point of beginning. Containing 4,788 square feet, more or less. Beginning at the most Westerly of said Lot 2; thence North East, feet along the west line of said Lot 2; thence South West feet to the West line of said Lot 2; thence North West, feet to the point of beginning. Containing 3,762 square feet, more or less. Section 2. publication. This Ordinance shall take effect and be in force upon its passage and Adopted this day of, City Council of the City of Beloit Attest: Kevin Leavy, Council President Lorena Rae Stottler, City Clerk use this new ZMA Milwaukee Road Council Report 52

53 Published this day of, 2017 Effective this day of, use this new ZMA Milwaukee Road Council Report 53

54 REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: Zoning Map Amendment Application for two portions of the property located at 2956 Milwaukee Road. Date: August 21, 2017 Presenter(s): Julie Christensen Department: Community Development Overview/Background Information: McBain Enterprises, Inc. has submitted an application for a Zoning Map Amendment to change the zoning district classification from C-3, Community Commercial District, to PUD, Planned Unit Development District, for two portions of the property located at 2956 Milwaukee Road. Key Issues (maximum of 5): The applicant intends to rezone two portions of the subject property and combine the rezoned portions to the property located at 2850/2900 Milwaukee Road, which is zoned PUD, Planned Unit Development District. These proposed changes are intended to improve parking and driveway connectivity, and clean-up parcel boundaries for future sale of lots. The property located at 2956 Milwaukee Road is 4.22 acres. The two portions of the subject property that are to be rezoned total 0.20 acre. The C-3 district is intended to accommodate community-oriented retail sales and service uses. The PUD district is a special purpose zoning district that permits greater flexibility of land planning and site design. The PUD Master Land Use Plan Amendment application for 2850/2900 Milwaukee Road to include two portions of 2956 Milwaukee Road has not yet been approved and is also being considered by City Council. If the submitted PUD and ZMA are approved, the applicant will submit a CSM for these properties. This application is being considered in accordance with the Zoning Map Amendment procedures contained in Section of the Zoning Ordinance. The Plan Commission reviewed this item on August 9, 2017 and voted unanimously (7-0) to recommend approval of this Zoning Map Amendment. Consistency with Comprehensive Plan and Strategic Plan: The Comprehensive Plan recommends Community Commercial uses. This proposed Zoning Map Amendment is consistent with the Comprehensive Plan, as required by Section (3) of Wisconsin Statutes. Consideration of this request supports City of Beloit Strategic Goal #5 which is to create and sustain high quality infrastructure and connectivity. Sustainability: (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 utilizing the four following eco-municipality guidelines) Reduce dependence upon fossil fuels N/A Reduce dependence on chemicals and other manufacturing substances that accumulate in nature N/A Reduce dependence on activities that harm life sustaining eco-systems N/A Meet the hierarchy of present and future human needs fairly and efficiently N/A Action required/recommendation: City Council consideration and 1 st readings of the proposed Ordinance Fiscal Note/Budget Impact: N/A Attachments: Ordinance and Staff Report to the Plan Commission use this new ZMA Milwaukee Road Council Report 54

55 REPORT TO THE BELOIT CITY PLAN COMMISSION Meeting Date: August 9, 2017 Agenda Item: 6 File Number: ZMA Applicant: McBain Enterprises, Inc. Owner: McBain Enterprises, Inc. Location: Two Portions of 2956 Milwaukee Road Current Zoning: C-3, Community Commercial District; MRO- Milwaukee Road Overlay Proposed Zoning: PUD, Planned Unit Development; MRO- Milwaukee Road Overlay Existing Land Use: Restaurant, Tavern, Motel Parcel Size: Two Portions of 2956 Milwaukee Road:.20 Acre Request Overview/Background Information: McBain Enterprises, Inc. has submitted an application for a Zoning Map Amendment to change the zoning district classification from C-3, Community Commercial District to PUD, Planned Unit Development, for two portions of the property located at 2956 Milwaukee Road. Key Issues: The applicant intends to rezone two portions of the subject property and combine the rezoned portions to the property located at 2850/2900 Milwaukee Road, which is zoned PUD, Planned Unit Development District. These proposed changes are intended to improve parking and driveway connectivity, and clean-up parcel boundaries for future sale of lots. The property located at 2956 Milwaukee Road is 4.22 acres. The two portions of the subject property that are to be rezoned total 0.20 acre. The C-3 district is intended to accommodate community-oriented retail sales and service uses. The PUD district is a special purpose zoning district that permits greater flexibility of land planning and site design. The PUD Master Land Use Plan Amendment application for 2850/2900 Milwaukee Road to include two portions of 2956 Milwaukee Road has not yet been approved and is also being considered by Plan Commission. If the submitted PUD and ZMA are approved, the applicant will submit a 3-Lot CSM for these properties. This application is being considered in accordance with the Zoning Map Amendment procedures contained in Section of the Zoning Ordinance. The attached Location & Zoning Map shows the location of the two portions of the subject property and the zoning of the surrounding area. All surrounding properties are zoned C-3, Community Commercial, and PUD, Planned Unit Development District, with most land uses being either restaurants or hotels. Planning staff mailed the attached Public Notice to the owners of nearby properties. As of this writing, staff has not received any comments. Findings of Fact - Based on Section of the Zoning Ordinance, the Plan Commission shall make a recommendation based on the following considerations: a. The existing use of property within the general area of the subject property; the two portions of the subject property are located in the center of a Community Commercial District. The uses for nearby properties include restaurants, hotels, retail, and office. The proposed uses are compatible with existing and planned uses within the general area. b. The zoning classification of property within the general area of the subject property; the two portions of the subject property are in the center of a C-3, Community Commercial District. The proposed PUD would retain underlying C-3 use regulations. c. The suitability of the subject property for the uses permitted under the existing zoning classification; the two portions of the subject property are suitable for the uses permitted in the C-3 district. d. The trend of development and zoning map amendments in the general area of the subject property. The Milwaukee Road area is fast-developing commercial area of the city. Recent developments include the Milwaukee Road Shopping Center, Qdoba Mexican Grill, US Cellular, the Cancer Center, and Buffalo Wild Wings. 55

56 Consistency with Comprehensive Plan and Strategic Plan: The Comprehensive Plan recommends Community Commercial uses. This proposed Zoning Map Amendment is consistent with the Comprehensive Plan, as required by Section (3) of Wisconsin Statutes. Consideration of this request supports City of Beloit Strategic Goal #5 which is to create and sustain high quality infrastructure and connectivity. Sustainability: (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 utilizing the four following eco-municipality guidelines) Reduce dependence upon fossil fuels N/A Reduce dependence on chemicals and other manufacturing substances that accumulate in nature N/A Reduce dependence on activities that harm life sustaining eco-systems N/A Meet the hierarchy of present and future human needs fairly and efficiently N/A Staff Recommendation: Based upon the above Findings of Fact and the City s Comprehensive Plan, the Planning & Building Services Division recommends approval of a Zoning Map Amendment to change the zoning district classification from C-3, Community Commercial District to PUD, Planned Unit Development, for two portions of the property located at 2956 Milwaukee Road. Fiscal Note/Budget Impact: N/A Attachments: Location & Zoning Map, Application, Photos, Public Notice, and Mailing List. 56

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