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cny of BELOIT,wisconsln PROCEEDINGS OF THE BELOIT CITY COUNCIL 100 State Street, Beloit WI 53511 Monday, May 16, 2011 Presiding: Kevin D. Leavy Present: Sheila De Forest, Charles Haynes, David F. Luebke, Eric Newnham, Mark Spreitzer, and James Van De Bogart 1. The meeting was called to order at 7:03 p.m. 2. SPECIAL ORDER OF THE DAY/ANNOUNCEMENTS a. Vice President Van De Bogart presented a proclamation declaring May 15 through May 21, 2011 Public Works Week to Public Works Director Dave Botts. Mr. Botts thanked the Council for the recognition and invited the Council and the public to attend the Public Works Open House on Saturday, May 21, 2011 from 12:30 to 3:30 p.m. at 2351 and 2400 Springbrook Court. File 7148 b. Vice President Van De Bogart presented a proclamation declaring May 15 through May 21, 2011 Emergency Medical Services Week to Fire Chief Brad Liggett. Chief Liggett thanked the Council and gave a brief history of emergency medical services in Beloit. File 7148 3. PUBLIC HEARINGS a. Community Development Director Julie Christensen presented a Resolution approving a Conditional Use Permit for Indoor Alcohol Sales in a C-2, Neighborhood Commercial District, for the property located at 412 Liberty Avenue. It was noted that the Plan Commission recommended approval 3-1. Ms. Christensen gave a brief history of the sale of alcohol on this property. President Leavy opened the public hearing. Emad Qutoum, 1997 Lane Drive, stated that he is the owner of this business and that he would not be able to stay in business without alcohol sales. He presented a training manual and identification scanner to the Council and said that he hopes he will never make a mistake and sell alcohol to underage persons again. President Leavy closed the public hearing. Councilor De Forest said that she appreciates the efforts made by the applicant, but hoping to not make the same mistake is not good enough. She indicated that a liquor license is a privilege and that the Council must take alcohol licensing and violations seriously. Councilor De Forest also noted that, according the staff report from Planning staff, several neighbors had expressed concern about the sale of alcohol at this location. She said that a machine does not guarantee compliance. Councilor Newnham noted that, before the Council revoked Mr. Qutoum's license in 2010, the Alcohol Beverage License Control Committee recommended suspension instead of revocation. Councilor Luebke indicated that he was at the Alcohol Beverage License Control Committee meeting on May 10, 2011, and Mr. Qutoum convinced him that he would not sell to underage persons again. Councilor Van De Bogart said that while he does not want to deny an individual the chance to make a living, the Council needs to look at the bigger picture and the message they are sending to other alcohol retailers. President Leavy noted that Planning staff recommended denial of this Conditional Use Permit. Councilor Luebke made a motion to approve the Conditional Use Permit, and Councilor Spreitzer seconded. The motion for approval failed 2-5 with Councilors Luebke and Newnham voting in favor and Councilors Leavy, Van De Bogart, Haynes, De Forest, and Spreitzer voting in opposition. File 8489 b. Ms. Christensen presented a Resolution approving a Planned Unit Development - Master Land Use Plan for the properties located at 220 Portland Avenue and 840 Fifth Street. It was noted that the Plan Commission recommended approval 4-0. Ms. Christensen reviewed a summary of the project, which is part of the City's public housing redevelopment project. President Leavy opened and closed the public hearing without participation. Councilor Van De Bogart moved to approve the Resolution, Councilor Newnham seconded, and the motion carried. File 8493 c. Ms. Christensen presented a proposed Ordinance to amend the Zoning District Map to change the Zoning District Classification from R-3, Low-density Multi-family Residential District, to PUD, Planned Unit Development District, for the properties located at 220 Portland Avenue and 840 Fifth Street. It was noted that the Plan Commission recommended approval 4-0. Ms. Christensen described the project and the Page 1 of 3