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#4 License Agenda JANESVILLE CITY COUNCIL LICENSE AGENDA 11/23/2009 RECOMMENDED A. ELECTRICIANS – ORIGINAL Timothy R. Adams 3129 W. Rockport Park Dr. Philip T. Francis III 7827 W. State Rd. 11 Brad A. Wildes 1128 Crestline Dr., Milton, WI B. AMUSEMENT DEVICE – ORIGINAL ROAD DAWG SALOON & EATERY Patti J. Vance 2419 Morse St., Suite 110 SHELL EXPRESS MART Balwant Singh 1747 Center Ave. Community Development Department Memorandum Date: November 11, 2009 TO: Janesville City Council FROM: Vicky Miller, Development Specialist SUBJECT: Liquor License Request for Sneakers Sports Bar and Grill I. REQUEST Kim Brown and Connie DeWitt are requesting approval of a liquor license in order to establish “Sneaker’s Sports Bar & Grill” in a tenant space located at 1221 Woodman Road. II. CITY MANAGER RECOMENDATION This item is being brought back to the City Council due to a co-sponsoring request from Council Vice-President Voskuil and Councilman Rashkin. The Council policy allows via two provisions the ability for two Council members to request an item be brought back if the motion is voted down. III. ANALYSIS Matt and Connie DeWitt and Kim Brown are requesting to open Sneakers Sportsbar and Grill in a space at 1221 Woodman Road. They researched many locations both inside and outside of the City of Janesville and have worked out a lease arrangement with Sara Investments, owner of the property, to locate in the vacant space next to Rogan’s Shoes. The request requires approval by three COJ committees: the Plan Commission, the Alcohol Licensing and Advisory Committee (ALAC) and the City Council. There has been considerable neighborhood input throughout the process. Initially, a neighborhood meeting was held on Thursday, July 9th to introduce the concept, to give neighbors a sense of what the process would be and a chance to express any concerns. Subsequently, all three committees have reviewed the request and neighbors have spoken at all public hearings and public meetings. Plan Commission Public Hearing: The property is zoned B-2 and the proposal required conditional use approval for three separate elements: the tavern use, an outdoor patio and an outdoor recreational use (two volleyball courts). If this proposal had been for a restaurant (with alcohol sales being less than 35%) rather than a tavern, a conditional use permit would not have been required for the establishment of the business or the outdoor patio. The outdoor volleyball, however, would still require conditional approval in either case. th On September 8, the proposal was reviewed by the Plan Commission. Since the site is located near residential properties, every aspect of the request was given consideration. The outdoor seating and volleyball court area would be separated by a split rail fence in order that volleyball play would end by 9:00 PM. There would also be no lighting permitted in the court area and no audio permitted outside of the building. The entire outdoor space would be screened from view by a six foot tall wooden privacy fence. In addition, trees are shown on the approved site plan to provide screening from the nearest residences along Mayfair Drive. On September 8 the Plan Commission reviewed the Community Development Department’s staff report and held a public hearing. At the hearing, individuals spoke in opposition and in favor of this request. Exhibit A (attached) is the staff report including the public hearing testimony. Following the public hearing and Plan Commission discussion, the Plan Commission unanimously approved the request with the following conditions: 1. No lighting will be allowed on the volleyball courts at this time. The petitioner may return to the Plan Commission at a future date to request an amendment to the conditional use for the addition of lighting. 2. The volleyball courts must close no later than 9:00 PM. 3. No outdoor audio is allowed at this time. The petitioner may return to the Plan Commission at a future date to request an amendment to the conditional use for the addition to the conditional use for the addition of outdoor audio. 4. With regard to the outdoor patio, food and alcohol service must end at midnight but the patio may be used for patrons for smoking purposes thereafter. 5. The uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall not be substantially impaired or diminished by the establishment, maintenance or operation of the conditional use. 6. Any future amendments to this conditional use permit will require a public hearing and notification of property owners within 400 feet. ALAC Public Hearing: The Alcohol Licensing and Advisory Committee (ALAC) reviewed the alcohol licensing on Tuesday, October 6 and forwarded a positive recommendation to the City Council. Exhibit B (attached) is the ALAC application including notes of the ALAC meeting. City Council Public Hearing: th The City Council reviewed the alcohol licensing on October 12 and voted 3-3-0 which resulted in denial of the request. Exhibit C (attached) is the notes of the City Council meeting. IV. ACTION SINCE THE PUBLIC HEARING ON OCTOBER 12 th Sara Investments held another neighborhood meeting on October 27 at the City Municipal Building. The meeting began with identifying all concerns, followed by responses by Sara Investments representatives and Kim Brown. Approximately 25 people were in attendance including Council members George Brunner and Tom McDonald and two Community Development staff members. The list of concerns included traffic, noise, property values, trash and disruptive behavior, all of which had been vocalized at the various public hearings. Sara Investments responded to the traffic issue by agreeing to place “turn left only” signs at the parking lot exit points to direct traffic to Milton Avenue and away from residences. A request would also be made to the city to place a stop sign at the corner of Mayfair Drive and Woodman Road which would deter and slow traffic down. To address the noise issue, Sara Investments proposed to plant more trees than were originally designed along the west lot line (Mayfair Drive) to improve the buffer to residences. In response to the question of how property values would be affected, comments were made that the property is better cared for since Sara Investments purchased it and there have been major improvements to the building which may have potentially increased property values in the area. Kim Brown reassured residents that she and the DeWitts intend to operate a respectable and well-mannered business. She offered to hold neighborhood meetings every month to build confidence and encourage feedback. She expressed willingness to send the tavern’s security staff to a training program offered by the Janesville Police Department. She also spoke of a free shuttle service which would be available to patrons who could not drive themselves home. She emphasized that trash in the business area would be routinely picked up to keep the neighborhood clean. In addition to opponents of the bar, some neighbors spoke in support. It appeared that some of the opponents were more opposed to the outdoor activity than to the bar use. V. SUMMARY Conditional Use approval with conditions was granted by the Plan Commission on September 8th. The ALAC approved the liquor license with a positive recommendation and forwarded it to the City Council on October 6th. The City Council reviewed the liquor license on October 12th and the request was denied since the motion did not pass with a 3-3-0 vote. Council President Truman has requested that this item be reintroduced and placed on the Agenda for the rd November 23 City Council meeting, at which time the Council must approve or deny the liquor license request. CC. Eric Levitt Jay Winzenz Brad Cantrell Gale Price