Packet

AGENDA BELOIT CITY COUNCIL City Hall Forum- 100 State Street 7:00 PM Monday, October 02, 2017

1.

CALL TO ORDER AND ROLL CALL

2.

PLEDGE OF ALLEGIANCE

3.

SPECIAL ORDERS OF THE DAY/ANNOUNCEMENTS 3.a. Proclamation declaring October 8-14, 2017, as National Fire Prevention Week (Dunkin) Attachment

4.

PUBLIC HEARINGS 4.a. Resolution approving a Conditional Use Permit to allow a Class II Community Living Arrangement for the property located 800 Wisconsin Avenue (Christensen) Plan Commission recommendation for approval 6-0 Attachment

5. 6.

PUBLIC COMMENTS CONSENT AGENDA All items listed under the Consent Agenda are considered routine and will b e enacted b y one motion. There will b e no separate discussion of these items unless a Council memb er so requests, in which event the item will b e removed from the General Order of Business and considered at this point on the agenda.

6.a. Approval of Minutes of the Regular Meeting of September 18, 2017 (Stottler) Attachment 7.

LICENSES 7.a. Resolution approving and denying 2017-2019 Applicants for an Alcohol Beverage Operator's (Bartender's) License September 8 - 22, 2017 (Stottler) Attachment

8. 9.

ORDINANCES APPOINTMENTS The individuals named b elow have b een nominated for a seat on a city b oard, committee or commission. Each nomination is sub ject to confirmation b y the City Council, approval of appointment will b e accomplished b y one motion

Beloit City Council Meeting Agenda - October 02, 2017 Page | 1

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unless a council memb er requests to take up a nomination separately, in which event the nomination will b e 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 11.a. Resolution cancelling the January 3, 2018 and July 2, 2018 Regular Meetings of the City Council (Luther) Attachment 11.b. Presentation of proposed 2018 Operating, Library, and Capital Improvements Budgets (Miller) (Budget available for review at www.beloitwi.gov) 12. REPORTS FROM BOARDS AND CITY OFFICERS 12.a. Resolution approving the First Amendment to Subdivision Development Agreement between the City of Beloit and DMW Development, LLC (Christensen) Attachment 13. ADJOURNMENT

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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 364-6680, 100 State Street, Beloit, WI 53511.

Lorena Rae Stottler City of Beloit Clerk-Treasurer www.beloitwi.gov 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.

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WHEREAS, the City of Beloit is committed to ensuring the safety and security of all those living in and visiting the City of Beloit and fire is a serious public safety concern both locally and nationally, and homes are where people are at greatest risk from fire; and WHEREAS, U.S. fire departments responded to 365,500 home fires in 2015, according to the National Fire Protection Association (NFPA) and U.S. home fires resulted in 2,560 civilian deaths in 2015, representing the majority (78 percent) of all U.S. fire deaths; and WHEREAS, newer homes are built with lightweight materials that burn faster than older home constructions and many of today’s products and furnishing produce toxic gases and smoke when burned, making it impossible to see and breathe within moments; and WHEREAS, these conditions contribute to a much smaller window of time for people to escape a home fire safely, with people having as little as one to two minutes to escape from the time the smoke alarm sounds; and WHEREAS, a home fire escape plan provides the skill set and know -how to quickly and safely escape a home fire situation; and should be developed by all members of the household and practicing a home fire escape plan twice a year ensures that everyone in the household knows what to do in a real fire situation; and WHEREAS, a home fire escape plan include two exits from every room in the home; a path to the outside from each exit; smoke alarms in all required locations; and a meeting place outside where everyone in the home will meet upon exiting; and WHEREAS, Beloit’s first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Beloit’s residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, the 2017 Fire Prevention Week theme, “Every Second Counts: Plan 2 Ways Out!” effectively serves to educate the public about the vital importance of developing a home fire escape plan with all members of the household and practicing it twice a year. NOW, THEREFORE, the City Council President of the City of Beloit, do hereby proclaim October 8-14, 2017, as “Fire Prevention Week” throughout this city; urges all the people of City of Beloit to develop a home fire escape plan with all members of the household and practice it twice a year, and to participate in the many public safety activities and efforts of Beloit’s fire and emergency services during Fire Prevention Week 2017. Presented this 2nd day of October 2017. BELOIT CITY COUNCIL

ATTEST: Lorena Rae Stottler, City Clerk

Kevin D. Leavy, President

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RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT TO ALLOW A CLASS II COMMUNITY LIVING ARRANGEMENT FOR THE PROPERTY LOCATED AT 800 WISCONSIN AVENUE WHEREAS, the application of Erick Williams, for a Conditional Use Permit to allow a Class II Community Living Arrangement for 10 children ages 10-17 in an R-1B, Single-Family Residential District, for the property located at 800 Wisconsin Avenue, having been considered by the City Council of the City of Beloit, Wisconsin at a public hearing held for that purpose and due notice of said hearing having been given by publication as appears by the Proof of Publication on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Beloit, Rock County, Wisconsin does hereby grant a Conditional Use Permit to allow a Class II Community Living Arrangement for up to 10 children ages 10-17 in an R-1B, Single-Family Residential District, for the property located at 800 Wisconsin Avenue in the City of Beloit, for the following described premises: Lot 1 and South ½ of Lot 2, Block 14 of the Original Plat, located in the City of Beloit, County of Rock, State of Wisconsin. Said parcel contains .32 acre, more or less. As a condition of granting the Conditional Use Permit, the City Council does hereby stipulate the following conditions and restrictions upon the Conditional Use, which are hereby deemed necessary for the public interest: 1. The applicant shall provide a copy of the Child Welfare License prior to housing youth at the subject property. 2. The proposed privacy fence shall have a gate installed for emergency access to the rear yard. 3. Shelter Staff shall work with the Beloit Police Department to draft operational policies. 4. If it is determined that the Community Living Arrangement’s existence poses a threat to the health, safety or welfare of the residents of the City in the future, the City Council may order the Community Living Arrangement to cease operation. 5. Any major changes in the adopted conditions or use of the property shall be approved by the Plan Commission and City Council by amending this Conditional Use Permit. The Director of Planning & Building Services may approve minor changes administratively. Adopted this 2nd day of October, 2017. BELOIT CITY COUNCIL

Kevin D. Leavy, Council President ATTEST:

Lorena Rae Stottler, City Clerk

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CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic:

Conditional Use Permit Application for the property located at 800 Wisconsin Avenue.

Date:

October 2, 2017

Presenter(s):

Julie Christensen

Department:

Community Development

Overview/Background Information: Erick Williams, Derrick’s House LLC, has filed an application for a Conditional Use Permit to allow a Class II Community Living Arrangement for 10 children ages 10-17 in an R-1B, Single-Family Residential District, for the property located at 800 Wisconsin Avenue. Key Issues (maximum of 5):  The applicant has proposed a Class II Community Living Arrangement for up to 10 children, ages 10-17, with a 30 day maximum stay. This facility would temporarily house both male and female youths who are exclusively from Rock County and are either awaiting a longer term placement in foster care, group care, or in a brief respite before returning to their caregiver. Under unusual circumstances, Rock County Family Court may extend the stay of a youth in the proposed shelter.  The goal of Derrick’s House LLC, is to provide an opportunity to place youths in a safe and stable residential setting. The property located at 800 Wisconsin Avenue offers an ideal residential setting and is located within close proximity to the Beloit Public Library, Beloit College, the Stateline YMCA, and public transportation.  The applicant has expressed a need to relocate the current shelter care facility, known as the Youth Services Center (YSC), to a more inviting, residential setting. The current YSC location has an institutional setting despite the County’s best efforts to soften its institutional appearance.  If the proposed use were to reach the maximum capacity of 10 children, the county will provide temporary shelter at other shelter care facilities.  The application and details are attached.  The attached Public Notice was sent to 22 nearby property owners. Planning staff received no comments about the proposed use; however, the Community Development Director has received a few concerns from community members.  The Plan Commission reviewed this item on September 20, 2017 and voted unanimously (6-0) to recommend approval of the Conditional Use Permit, subject to the five conditions included on the attached Resolution.  The Planning Commission amended the staff recommendation to restrict the facility to 10 children. 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 #1, which is to create and sustain 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 – 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

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CITY OF BELOIT REPORT TO THE BELOIT CITY PLAN COMMISSION Meeting Date: September 20, 2017

Agenda Item: 4

File Number: CU-2017-11

Applicant: Erick Williams

Owner: David L. Seeley

Location: 800 Wisconsin Avenue

Existing Zoning: R-1B, Single-Family Residential

Existing Land Use: Residential

Parcel Size: 0.32 Acres

Request Overview/Background Information: Erick Williams, Derrick’s House LLC, has filed an application for a Conditional Use Permit to allow a Class II Community Living Arrangement for children ages 10-17 in an R-1B, Single-Family Residential District, for the property located at 800 Wisconsin Avenue. Key Issues:  The applicant has a pending offer to the subject property that is contingent on the approval of the proposed conditional use.  The applicant has proposed a Class II Community Living Arrangement for up to 10 children, ages 10-17, with a 30 day maximum stay. Under unusual circumstances, Rock County Family Court may extend the stay of a youth in the proposed shelter.  This facility would temporarily house both male and female youths who are exclusively from Rock County and are either awaiting a longer term placement in foster care, group care, or in a brief respite before returning to their caregiver. The proposed facility will only accept children who have been assessed by Rock County Human Services.  The goal of Derrick’s House LLC, is to provide an opportunity to place youths in a safe and stable residential setting. The property located at 800 Wisconsin Avenue offers an ideal residential setting and is located within close proximity to the Beloit Public Library, Beloit College, the Stateline YMCA, and public transportation. The applicant has detailed collaboration opportunities with the Beloit College on the attached details document.  The applicant has expressed a need to relocate the current shelter care facility, known as the Youth Services Center (YSC), to a more inviting, residential setting. The current YSC location has an institutional setting despite the County’s best efforts to soften its institutional appearance. Once Derrick’s House is operational, the current YSC location will operate exclusively as a secure detention facility and will no longer provide shelter care.  If the proposed use were to reach the maximum capacity of 10 children, the county will provide temporary shelter at other shelter care facilities.  Class II Community Living Arrangements require a Conditional Use Permit in an R-1B district. Class I Community Living Arrangements are permitted. Please see the attached Community Living Arrangement (CLA) definition as described in the Zoning Ordinance.  Required off-street parking for a Group Living Use is ½ parking space per resident room. The residential structure located at 800 Wisconsin Avenue has five bedrooms and currently has 3 off-street parking spaces. The applicant plans on widening the existing driveway to accommodate two more parking spaces.  The application and details are attached.  The attached Public Notice was sent to 22 nearby property owners. Planning staff received no comments about the proposed use; however, the Community Development Director has received a few concerns from community members.  Findings of Fact - Based on Section 2-504 of the Zoning Ordinance, the Plan Commission shall make a recommendation based on the following considerations: a. Whether the establishment, maintenance, or operation of the conditional use will be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;  The proposed use would not be detrimental to public health, safety, morals, comfort, or general welfare; the applicant plans on limiting traffic, noise, loitering, and visitation on the subject property, as described in the attached details. The goal of Derrick’s House LLC is to provide a safe and stable residential setting for youth in need of shelter care. b. Whether the conditional use will be injurious to the use and enjoyment of other property in the immediate vicinity for purposes already permitted;  A Class I Community Living Arrangement in an R-1B is permitted by right for up to 8 individuals. A Conditional Use to house two additional individuals would not significantly differ from what is permitted in an R-1B District. @[email protected]

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The applicant is proposing temporary shelter for up to 10 youths ages 10-17, which would make this a Class II Community Living Arrangement; however, the applicant estimates approximately 7 youths would be housed on average.  The applicant has expressed an emphasis on privacy and limited interaction with the surrounding area. While at Derrick’s House, youth will be required to stay within the confines of the yard to ensure their safety and confidentiality.  The applicant has provided details in regard to hours of operation, curfew, loitering, visitation, and 24 hour supervision. As depicted in the attached details document submitted by the applicant, shelter staff will provide the youth with transportation to and from school and off site activities. Whether the conditional use will substantially diminish or impair property values within the neighborhood of the subject property;  The proposed conditional use should not diminish or impair property values. The applicant plans on making few exterior changes to the exterior of the subject property.  The applicant is aware that the subject property is contributing to the Near East Side/ College-Park Historic District, and will comply with the regulations and design standards described in the Historic Preservation Ordinance. Whether the establishment of the conditional use will impede the normal and orderly development and improvement of the surrounding property;  The surrounding area is fully developed. Whether the exterior architectural design or site layout of the proposed conditional use is so dissimilar or otherwise incompatible with existing or proposed development in the immediate neighborhood that it will cause a depreciation in property values;  The applicant has proposed the installation of a new 6 foot wooden privacy fence and the widening of the existing driveway in order to reduce on street parking.  The applicant is aware that the subject property is contributing to the Near East Side/ College-Park Historic District, and will comply with the regulations and design standards described in the Historic Preservation Ordinance. Whether adequate utilities, access roads, drainage or other necessary facilities will be available to serve the proposed use at the time of its occupancy or use;  Adequate facilities and infrastructure are available to serve the proposed use. Whether adequate measures will be taken to minimize traffic congestion; and  The applicant plans on widening the existing driveway in order to reduce on street parking.  The shelter staff will provide transportation for the youth housed on the subject property and will establish a curfew.  Visitation will be limited to case workers and family members and will be scheduled in a way that does not overwhelm the capacity of the house or available parking. Visitation from nonfamily members and friends will be prohibited. Whether the conditional use will comply with all applicable regulations of the Zoning Ordinance.  The proposed use will comply with all applicable regulations of the Zoning Ordinance.

Consistency with Comprehensive Plan and Strategic Plan: The City’s Comprehensive Plan recommends Single-Family Residential Use for the subject property. This request and the underlying R-1B zoning classification are consistent with this recommendation. Consideration of this request supports City of Beloit Strategic Goal #1, which is to create and sustain safe and healthy neighborhoods. 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 Staff Recommendation: The Planning & Building Services Division recommends approval of a Conditional Use Permit to allow a Class II Community Living Arrangement for children ages 10-17 in an R-1B, Single-Family Residential District, for the property located at 800 Wisconsin Avenue, based on the above Findings of Fact and subject to the following conditions: 1. The applicant shall provide a copy of the Child Welfare License prior to housing youth at the subject property. 2. The proposed privacy fence shall have a gate installed for emergency access to the rear yard. @[email protected]

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3. Shelter Staff shall work with the Beloit Police Department to draft operational policies. 4. If it is determined that the Community Living Arrangement’s existence poses a threat to the health, safety or welfare of the residents of the City in the future, the City Council may order the Community Living Arrangement to cease operation. 5. Any major changes in the adopted conditions or use of the property shall be approved by the Plan Commission and City Council by amending this Conditional Use Permit. The Director of Planning & Building Services may approve minor changes administratively. Fiscal Note/Budget Impact: N/A Attachments: Location & Zoning Map, Application, Details, CLA Definition, Photos, Public Notice, and Mailing List.

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MINUTES

September 18, 2017

PROCEEDINGS OF THE BELOIT CITY COUNCIL 100 State Street, Beloit WI 53511 City Hall Forum – 7:00 p.m. Monday, September 18, 2017 1)

CALL TO ORDER AND ROLL CALL President Leavy called the meeting to order at 7:00 p.m. Present: Clinton Anderson, Sherry Blakeley, Regina Dunkin, Nancy V. Forbeck, Kevin Leavy, Mark Preuschl Absent: None ( One Vacancy)

2)

PLEDGE OF ALLEGIANCE

3)

SPECIAL ORDERS OF THE DAY/ANNOUNCEMENTS 3.a Vice President Dunkin presented a proclamation recognizing the 40th Anniversary of City of Beloit Grinnell Hall Senior Center to the Senior Center Coordinator, Paula Schutt. File 7148 Attachment

4)

PUBLIC HEARINGS - None

5)

PUBLIC COMMENTS  Danielle Mikkelson Hamilton, 805 E. Azalea, Beloit stated that she was personally hurt by what she considers to be false accusations of free golf by her father. She stated that her father is the hardest working man she knows and would never agree to taking something he didn’t earn. She quoted the Bible and directed some comments to City Manager Luther. President Leavy explained that we will not have personal attacks against staff and council members for the topics they discuss. He stated her time has expired and reminded future speakers that he will not tolerate personal attacks or insinuations towards council or staff and told them to stick to the facts.  Gerald Hoey, 14865 Liston Ave, South Beloit said he has played at KruegerHaskell for 62 years and was once the president of the men's golf club. He addressed the word choice in the Beloit Daily News article in calling this a “freeplay scheme”. He stated that comping golf course volunteers and employees is an industry wide practice. In Arizona, every one of 7 golf courses comps employees with free golf and he believes this is common practice. He didn’t believe that friends and family of staff were not allowed to play for free and he thought it made the staff seem like thieves and crooks. He said that he volunteered there and worked every Wednesday from 1-close. This year he had 155 hours in before he was required to stop. He thinks this is a needlessly blown up scandal for following an industry wide practice and it seems that previous administrations didn't have a problem with it. If the new administration had a problem with it, that wasn't made known to the current staff and volunteers.

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MINUTES

September 18, 2017

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Steve Ferger, 1617 Arbor, Beloit presented to the councilors his side of the story as it relates to the facts and figures presented in the Beloit Daily News via a handout. He thought many of the claims made in the newspaper were slanderous to volunteers, Mark Young and other employees at the golf course. He said that the comments from the public was not kind and he didn’t think they were accurate. He stated he has intimate knowledge of how the golf course works as he has worked there and played there for 60+ years. He assisted with maintenance on and off. He was also co-chairman and chairman of the parks and recreation committee here in Beloit when the golf course was under that committee. He asked everyone to look at this from both sides. Krueger-Haskell golf course is a great asset to the City of Beloit and it should be promoted in a positive manner. It is a tremendous amenity in addition to the other assets of the community. City Manager Luther shared $50,000 has been transferred annually into the golf course. The enterprise fund could not continue without a subsidy of $50K per year. There is an outstanding transfer on the books of $976,643. The amount quoted was to create an estimated amount and was prepared through an independent investigation not conducted by herself. She stated that she has not made derogatory remarks about any individuals.  Rahn Gearhart, 205 S. Wright Street, #4, Orfordville met Councilor Anderson at a meeting last month. He shared documents with the council and stated that he is concerned with the state of community corrections. There are people on probation, parole, extended supervision and believes that the Department of Corrections has been overusing incarceration as the proper form of penalty and studies he read shows that may increase the odds that an individual will reoffend. He's trying to get a grass roots approach going to get the DOC to change the way they do things. He said current practices are costing citizens a minimum of $50 million/year through loss of property, loss of homes, no money to pay child support, etc. and also putting families on assistance. He is looking for the council to endorse his proposal to let the DOC know that the people expect better practices. President Leavy referred to the Chief of Police.  Prisha Gustina, 1313 11th Street, Beloit, returned with more questions after attending the September 5th Council meeting. She provided councilors a packet of pictures of privately owned homes clearly showing code violations that don’t appear to be sited by City Code Enforcement. She listens to the council looking to make Beloit beautiful but she said this doesn't seem that homeowners are required to adhere to code in the same manner as landlords. She is confused by the fee structure in the new ordinance and provided eight questions for the Council to respond to. President Leavy referred this to Community Development Director Julie Christensen.  Brian McMillen, 1046 Prairie Avenue said that he loves the Muni and thinks it's the best course in the area. He has been playing golf there for over 46 years. This course is like hallowed ground for him and believes it deserves the council’s support. 6)

CONSENT AGENDA Moved by Sherry Blakeley – Seconded by Regina to adopt the consent agenda as presented. Motion carried 6 - 0 AYES: Clinton Anderson, Sherry Blakeley, Regina Dunkin, Nancy V. Forbeck, Kevin Leavy, Mark Preuschl

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MINUTES

September 18, 2017

NOES: None 6.a The Minutes of the Regular Meeting of September 5 and Special Meeting of September 7, 2017 were approved. Attachment 6.b A resolution Approving Change of Agent on the Class "B" Fermented Malt Beverage License for Beloit College, Coughy Haus, 708 Clary Street, to Darryl C. L. Smith, Jr. was approved. File 8747 Attachment 6.c A resolution approving a 23-Lot Final Plat of Subdivision called Eagles Ridge Plat No. 3 for the properties located at 3650 Eagles Ridge Drive and 1510 Townhall Road was approved. File 8073 Attachment 6.d An application for a Conditional Use Permit to allow a Class II Group Living Arrangement in an R-1B, Single-Family Residential District, for the property located at 800 Wisconsin Avenue was referred to Plan Commission. File 8770 Attachment 6.e A resolution authorizing Final Payment of Public Works Contract C16-21R, Beloit Public Library Blender Café Re-Bid was approved. File 8737 Attachment 6.f A resolution authorizing award of Public Works Contract, C17-11, Pavement Markings was approved. File 8768 Attachment 6.g A resolution authorizing the City Manager to Acquire Tax Delinquent Properties from the Rock County Treasurer was approved. File 8102 Attachment 6.h A resolution requiring the repairs of At-Grade Rail Road Crossings was approved. File 8769 Attachment 7)

LICENSES 7.a Clerk-Treasurer Stottler presented a resolution considering approval of 20172019 Applicants for an Alcohol Beverage Operator's (Bartender's) License August 25 - September 8, 2017. Moved by Regina Dunkin – Seconded by Nancy V. Forbeck to approve the 7 applicants recommended for approval during this period. Motion carried 6 - 0 AYES: Clinton Anderson, Sherry Blakeley, Regina Dunkin, Nancy V. Forbeck, Kevin Leavy, Mark Preuschl NOES: None Attachment File 8747

8)

ORDINANCES - None

9)

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 September 11, 2017. Landmarks Commission

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MINUTES

September 18, 2017

Chris Gallagher, 259 St. Lawrence (replacing Ellen E. Joyce) to a term ending October 31, 2017 Rebecca (Becky) Moffett, 829 Church Street (replacing Mary Anne Carroll as East Side Representative) to a term ending October 31, 2019 Park, Recreation and Conservation Advisory Commission Incumbent Mike Ciaramita to a term ending September 30, 2020 Traffic Review Committee Incumbent Mike Ramsden to a term ending September 30, 2019 Incumbent Thomas H. Nee to a term ending September 30, 2019 Plan Commission Produces master plan regulating physical community development; recommends action on zoning, subdivision, and planning. Meets bimonthly on the Wednesdays following Council meetings at 7:00 p.m. in the Forum, City Hall. Councilor Term: 1 year 2017-2018 Appointment: Leavy (replacing De Forest) Moved by Regina Dunkin – Seconded by Nancy V. Forbeck to approve the recommended appointments. Motion carried 6 - 0 AYES: Clinton Anderson, Sherry Blakeley, Regina Dunkin, Nancy V. Forbeck, Kevin Leavy, Mark Preuschl NOES: None Attachment File 6261 10)

COUNCILOR ACTIVITIES AND UPCOMING EVENTS  Councilor Anderson attended a School District listening session on community engagement and classroom environment. On Tuesday he attended a listening session at Merrill Community Center to hear about community programming available. Friday is homecoming against Janesville Craig. He encouraged all to come out and support the BMHS football team and bring non-perishable food to support the local food pantry.  Councilor Blakeley also attended the two sessions mentioned by Councilor Anderson. She also mentioned Oktoberfest is this Friday on State Street.  Councilor Forbeck expressed gratitude to the Beloit Public Library and the Blender Cafe. Family Services now has the free little libraries around the City.  Councilor Preuschl also attended the Merrill Community Center listening session. On September 25, he is offering a "What the tech" session at Grinnell Hall. He stated he was the Council rep on the golf course committee and will be there for the meeting Monday at 7am. He said he personally attended the meeting where he heard City Manager Luther say that the City wants the pool and golf course to work.  Councilor Dunkin attended the Blender Cafe ribbon cutting. She stopped at Derrick's house this evening. She ate at the new Firehouse Subs on Milwaukee road this week. Great job to the purple knights on their win.  President Leavy congratulated retirees and thanked all employees for an outstanding job. He asked people to refrain from vandalism during homecoming week and, in the midst of having fun, think hard before making poor decisions. Be safe and have fun.

11)

CITY MANAGER’S PRESENTATION 11.a Jeni Schomber and Nick Dimassis presented the New Early Literacy Initiatives at Beloit Public Library.

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MINUTES

September 18, 2017

Attachment 12)

REPORTS FROM BOARDS AND CITY OFFICERS 12.a Finance Director, Eric Miller, presented a resolution Dissolving Tax Incremental Financing District No. 5 and Authorizing the City Clerk/Treasurer to Distribute Excess Increment to Overlying Taxing Districts. The City of Beloit passed a creation resolution creating Tax Incremental Financing (TIF) District No. 5 on September 24, 1990 and adopted a project plan that same year. TIF #5 is commonly referred to as the Downtown TID. All projects have been completed and the TID will receive final increment in 2018 which will be used to pay final debt service payments. The City Clerk/Treasurer shall notify the Wisconsin Department of Revenue within 60 days of this resolution or prior to the deadline of April 15, 2018, whichever comes first, that the District has been terminated. The City Clerk/Treasurer shall sign the required Wisconsin Department of Revenue final accounting form (PE-223) agreeing on a date by which the City shall send final audited information to the Wisconsin Department of Revenue. The City Clerk/Treasurer shall distribute any excess increment collected, after providing for ongoing expenses of the District, to the affected taxing districts with proportionate shares to be determined by the final audit done by the city’s auditors, Baker Tilly Virchow Krause, LLP. 1) TID #5 will receive final increment in 2018 to pay off remaining debt service. 2) Closing TID #5 will add some levy capacity to all jurisdictions. 3) The City must notify the Wisconsin Department of Revenue of the TID closure and agree to a date to turn in a final TID audit. 4) The City will distribute any remaining increment to the affected taxing districts with proportionate shares to be determined by the final audit done by Baker Tilly, LLP. 5) TID #5 is commonly known as the Downtown TID Moved by Clinton Anderson – Seconded by Sherry Blakeley to approve the resolution as presented. Motion carried 6 - 0 AYES: Clinton Anderson, Sherry Blakeley, Regina Dunkin, Nancy V. Forbeck, Kevin Leavy, Mark Preuschl NOES: None Attachment File 6824 12.b

The City Council reviewed nine applications submitted for vacant seat on Beloit City Council; Selection of finalists to be interviewed on September 20, 2017, and determined they would interview all nine candidates. The process will allow each candidate a maximum fifteen minutes interview that includes a one minute introduction and two minute closing statement as well as each candidate answering a series of questions. Finalists will then be selected and final interviews conducted. The Council intends to make a selection before the end of the meeting Wednesday evening.

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The City Council will adjourn into Closed Session pursuant to section 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 and develop negotiating strategies related to collective bargaining.

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MINUTES

September 18, 2017

Moved by Regina Dunkin – Seconded by Mark Preuschl to adjourn into Closed Session. Motion carried 6 - 0 AYES: Clinton Anderson, Sherry Blakeley, Regina Dunkin, Nancy V. Forbeck, Kevin Leavy, Mark Preuschl NOES: None 13)

ADJOURNMENT Moved by Mark Preuschl – Seconded by Sherry Blakeley to adjourn at 9:07 p.m. Motion carried 6 - 0 AYES: Clinton Anderson, Sherry Blakeley, Regina Dunkin, Nancy V. Forbeck, Kevin Leavy, Mark Preuschl NOES: None

________________________________ Lorena Rae Stottler, City Clerk-Treasurer www.beloitwi.gov Date approved by City Council: October 2, 2017

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RESOLUTION APPROVING AND DENYING 2017-2019 APPLICANTS FOR AN ALCOHOL BEVERAGE OPERATOR’S (BARTENDER’S) LICENSES SEPTEMBER 8-22, 2019 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 WHEREAS, some of the applicants listed herein are recommended by the Police Department for denial, have been provided a notice of denial from the City Clerk-Treasurer’s Office and have chosen not to appeal this recommendation to the City Council. NOW, THEREFORE, BE IT RESOLVED THAT the applicants who are recommended for approval are hereby approved for the period ending June 30, 2019. The City Clerk-Treasurer’s Office is directed to issue the license to the applicant(s). BE IT FURTHER RESOLVED THAT the applicants who are recommended for denial are hereby denied. The City Clerk-Treasurer’s Office is directed to send a letter to the applicant indicating the decision of this council and the reasons therefor. Adopted this 2nd day of October, 2017. CITY COUNCIL FOR THE CITY OF BELOIT ________________________________ Kevin D. Leavy, Council President ATTEST: ______________________________ Lorena Rae Stottler, City Clerk

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CITY OF BELOIT

REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic:

Resolution Considering the Applications for Alcohol Beverage Operator’s (Bartender’s) Licenses [2017-2019 cycle through August 25, 2017]

Date:

October 2, 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 §125.17(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 2017-2019 renewal process up through September 22, 2017. 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. 2. § 125.17(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, 2019. A 2-year cycle can generally include more than 800 licenses during that time [2015-2017 cycle included 815 Operators]. 4. This list includes 12 applicants taken between September 8, 2017 and September 22, 2017. 5. 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

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RESOLUTION CANCELLING THE JANUARY 3, 2018 AND JULY 2, 2018 REGULAR MEETINGS OF THE CITY COUNCIL WHEREAS, section 2.02 of the Code of General Ordinances for the City of Beloit establishes City Council meeting requirements as follows: “The regular meeting of the City Council shall be held in the Council chambers of the City Hall, 100 State Street, or another place designated in the notice of the meeting and accessible to members of the public, on the first and third Mondays of each and every month at 7:00 PM”; and WHEREAS, January 3, 2018 and July 2, 2018 are regular meeting dates that occur during their respective holiday weeks; and WHEREAS, the advance cancellation of the meetings will allow staff to prepare schedules and calendars for 2018 for various boards and commissions that provide reports to the City Council; and WHEREAS, the Council President has the option to call a special meeting if there is urgent business for the city council to address. NOW, THEREFORE, BE IT RESOLVED THAT the City Council for the City of Beloit hereby cancels its regular meetings of January 3, 2018 and July 2, 2018. Adopted this 2nd day of October 2017. CITY COUNCIL OF THE CITY OF BELOIT __________________________ Kevin D. Leavy, President ATTEST: _________________________________ Lorena Rae Stottler, City Clerk-Treasurer

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RESOLUTION APPROVING A FIRST AMENDMENT TO SUBDIVISION DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BELOIT AND DMW DEVELOPMENT, LLC WHEREAS, in 2006, the City and WM Development, LLC entered into a Subdivision Development Agreement related to a four-lot Certified Survey Map (CSM) on Kadlec Drive; and WHEREAS, since that time, West Hart Road was extended to Kadlec Drive, and Kadlec Drive was constructed to the southern edge of Lot 3 from that CSM. In addition, sidewalks were constructed along Lot 1, which has been developed with an 80-unit apartment complex; and WHEREAS, Lot 2 was subsequently sold to DMW Development, LLC; and WHEREAS, in 2007, the first building of the Kadlec Drive Condominium Development was constructed, and development ceased when the developer was unable to sell the condominium building; and WHEREAS, DMW Development, LLC wishes to sell Lot 2 to a new developer who will construct the planned development in accordance with the plan approved by the City Council in March, 2017; and WHEREAS, DMW Development, LLC has requested to limit its responsibilities with regard to the obligations of the Subdivision Development Agreement to only Lot 2, which only requires the additional work of constructing the following improvements; street trees, street signs, street lights and sidewalks. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Beloit, Rock County, Wisconsin, hereby approves the attached First Amendment and authorizes the City Manager of the City of Beloit to execute the agreement and to do all other things necessary to accomplish the purposes and intent of this resolution. Adopted this 2nd day of October, 2017. CITY COUNCIL OF THE CITY OF BELOIT Kevin D. Leavy, President Attest: Lorena Rae Stottler, City Clerk CA=06-1122

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CITY OF BELOIT

REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: First Amendment to the Subdivision Development Agreement for Kadlec Drive Date: October 2, 2017 Presenter: Julie Christensen

Department:

Community Development

Overview/Background Information: In 2006, the City and WM Development, LLC entered into a Subdivision Development Agreement related to a four-lot Certified Survey Map (CSM) on Kadlec Drive. Since that time, West Hart Road was extended to Kadlec Drive, and Kadlec Drive was constructed to the southern edge of Lot 3 from that CSM (see attached Location Map). Sidewalks were constructed along Lot 1, which has been developed with an 80-unit apartment complex. Lot 2 was subsequently sold to DMW Development, LLC. In 2007, the first building of the Kadlec Drive Condominium Development was constructed, and development ceased when the developer was unable to sell the condominium building. Key Issues (maximum of 5): 1. On March 6, 2017, the City Council approved the Kadlec Drive Condominium Plat which will be located on Lot 2 of the CSM (2660 Kadlec Drive). The current owner, DMW Development, LLC is in the process of selling the property to a third party who will develop the property according to the plans approved by the City. They are requesting to construct the improvements that are adjacent to Lot 2. The only improvements that have not been completed with regard to Lot 2 are the (1) street trees, (2) street signs, (3) street lights and (4) sidewalks. The First Amendment has been drafted to limit the responsibility of the development obligations of DMW to only Lot 2. 2.

The original Subdivision Development Agreement remains in full force and effect and continues to require the construction of public improvements for this development. That includes, but is not limited to, street grading and surfacing, concrete curbs, concrete gutters and concrete driveway aprons, sanitary sewer system and laterals, storm water sewer system, public water supply mains and service laterals, street lights, street signs, street trees, and restoration of all disturbed areas with living grass groundcover by way of seeding or sodding of unpaved areas.

3.

Attached to the staff report is a Location Map, the recorded Certified Survey Map and approved Condominium Plat.

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 to the strategic goals of creating and sustaining safe and healthy neighborhoods and creating and sustaining economic and residential growth. 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 - This amendment would allow for the construction of the proposed public improvements adjacent to the condominium development. 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: Take approve the First Amendment to the Subdivision Development Agreement Fiscal Note/Budget Impact: This will provide for the construction of public improvements which will be paid by the developer of Lot 2, 2660 Kadlec Drive. Attachments: Map of Kadlec Drive CSM, Recorded Four-lot CSM, and Approved Condominium Plat

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