AGENDA BELOIT CITY COUNCIL SPECIAL MEETING City Hall Forum State Street, Beloit, WI :00 PM Monday, January 14, 2019

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1 AGENDA BELOIT CITY COUNCIL SPECIAL MEETING City Hall Forum State Street, Beloit, WI :00 PM Monday, January 14, 2019 * 1. Call to Order and Roll Call 2. Consideration of Resolution approving a Sewer Service Agreement for 236 W. Dawson Avenue in the Town of Beloit (Luther) Attachment 3. Consideration of Resolution approving a Sewer Service Agreement and First Amendment for 343 Cherry Street in the Town of Beloit (Luther) Attachment 4. The City Council may adjourn into Closed Session in the City Manager's Conference Room on the 4th floor pursuant to section 19.85(1)(e), Wis. Stats. to deliberate or negotiate 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 potential purchase of 2222 Canterbury Drive. The Council will not reconvene into open session. (Luther/Christensen) 5. 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 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 Beloit City Council Meeting Agenda - January 14, 2019 Page 1 1

2 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 - January 14, 2019 Page 2 2

3 CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: CONSIDERATION OF RESOLUTION APPROVING A SEWER SERVICE AGREEMENT FOR 236 W. DAWSON AVENUE IN THE TOWN OF BELOIT AND CONSIDERATION OF RESOLUTION APPROVING A SEWER SERVICE AGREEMENT AMENDMENT FOR 343 CHERRY STREET IN THE TOWN OF BELOIT : January 14, 2019 Presenter: Lori S. Curtis Luther Department: City Manager Overview/Background Information Single-family residences located at 236 West Dawson Avenue and 343 Cherry Street in the Town of Beloit have failed septic systems. Because the City of Beloit does not find the "208 Sewer Agreement" to be a valid agreement and a comprehensive boundary agreement with the Town of Beloit addressing how sewage shall be accepted by the City has not yet been finalized, the City has graciously offered to extend services exclusively to these two properties on a short term basis. which shall expire on December 31, Key Issues 1. The rate of the service is based on the standard out of City residential rate based upon seven units of water plus a fixed system customer charge, which equates in 2019 to $44.50 per month. 2. The Town of Beloit is responsible for paying the City of Beloit for this service. 3. While the Town has not yet asked for an extension for the property located at 343 Cherry Street that would otherwise expire under current terms on March 31, 2019, it is a good will gesture to extend that agreement at the current annual rate through the end of Conformance with Strategic Plan Approval of this action would conform with the stated purpose of the following strategic goal: Sustainability Goal #1 Create and Sustain Safe and Healthy Neighborhoods Goal #2 Create and Sustain a High Performing Organization Goal #3 Create and Sustain Economic and Residential Growth Goal #4 Create and Sustain a High Quality of Life Goal #5 Create and Sustain High Quality Infrastructure and Connectivity Goal #6 Create and Sustain a Positive Image, Enhance Communications and Engage the Community (If applicable, briefly comment on the sustainable long term impact of this policy or program related to how it will impact both the built and natural environment. Consider whether the policy or program will reduce dependence upon fossil fuels, reduce dependence on chemicals and other manufacturing substances that accumulate in nature, reduce dependence on activities that harm life sustaining eco-systems, and/or meet the hierarchy of present and future human needs fairly and efficiently. Write N/A if not applicable) N/A Action Required/Recommendation Staff recommends approval of the resolution. Fiscal Note/Budget Impact The City will receive $1,068 in revenue from the Town of Beloit. Attachments Proposed Resolutions Agreement Amendment to Existing Agreement Revised

4 RESOLUTION RESOLUTION APPROVING SEWER SERVICE AGREEMENT FOR 236 W. DAWSON AVENUE IN THE TOWN OF BELOIT WHEREAS, the single-family residence ("Property") located at 236 West Dawson Avenue in the Town has a failed septic system; and WHEREAS, the Town has installed a sanitary sewer main in the street adjacent to the Property intended to drain into the City's sanitary sewer system; and WHEREAS, the owner of the Property desires to connect to the Town's sanitary sewer main rather than replace the failed septic system; and WHEREAS, the Town is willing to permit the connection, but the Town and the City do not yet have an agreement for the City to accept sewage from the Town; and future. WHEREAS, the Town and the City expect to reach an agreement for that purpose in the near NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Beloit, Rock County, Wisconsin, hereby approves the attached Sewer Service Agreement for 236 W. Dawson Avenue in the Town of Beloit and the City Manager is authorized to execute the Agreement. Adopted this 14th day of January, ATTEST: Lorena Rae Stottler, City Clerk-Treasurer CITY COUNCIL OF THE CITY OF BELOIT Kevin D. Leavy, President 4

5 SEWER SERVICE AGREEMENT FOR 236 WEST DAWSON AVENUE IN THE TOWN OF BELOIT This Agreement ( Agreement ) is made by and between the City of Beloit ("City"), with its principal office being located at 100 State Street, Beloit, Wisconsin and the Town of Beloit ("Town"), with its principal office being located at 2871 South Afton Road, Beloit, Wisconsin RECITALS A. The single-family residence ("Property") located at 236 West Dawson Avenue in the Town has a failed septic system. B. The Town has installed a sanitary sewer main in the street adjacent to the Property intended to drain into the City's sanitary sewer system. C. The owner of the Property desires to connect to the Town's sanitary sewer main rather than replace the failed septic system. D. The Town is willing to permit the connection, but the Town and the City do not yet have an agreement for the City to accept sewage from the Town. E. The Town and the City expect to reach an agreement for that purpose in the near future. AGREEMENT THEREFORE, the Town and the City agree, on a temporary, interim basis, as follows: 1. The Town may discharge domestic strength wastewater from the Property to the City's sanitary sewer system. 2. The Town shall not discharge any other sewage or wastewater to the City's sanitary sewer system from the sanitary sewer main in Dawson Avenue. 3. Except as otherwise specified in this Agreement, the Town shall comply with all City ordinances, rules and regulations regarding the discharge of wastewater to the City's sanitary sewers. 4. The Town shall pay the City standard out-of-city residential rate based upon seven (7) units plus a fixed system customer charge. The rate is currently $44.50 per month. 5. This Agreement shall be effective upon being signed by both parties. Copies of signatures conveyed by fax or shall be considered as effective as original signatures. 5 CA File Sewer Service Agreement-236 W. Dawson

6 6. This Agreement shall terminate upon the effective date of a new agreement between the Town and the City providing for the discharge of sewage or wastewater from the Town's sanitary sewer main in Dawson Avenue to the City's sanitary sewer system. 7. If a new agreement permitting discharge from the Town's sewer main in Dawson Avenue to the City's sanitary sewer system is not reached by December 31, 2019, then the City may terminate this Agreement and stop accepting the wastewater at any time thereafter. The rate paid by the Town shall double as of January 1, The City may also terminate this Agreement and cease accepting wastewater from the Dawson Avenue sanitary sewer main if the Town: (a) does not make timely payment of amounts due, (b) discharges prohibited substances to the City's sanitary sewer, or (c) otherwise breaches or violates the terms of this Agreement. [signature pages follow] 6 CA File Sewer Service Agreement-236 W. Dawson

7 CITY OF BELOIT By: Lori S. Curtis Luther, City Manager Attest: Lorena Rae Stottler, City Clerk-Treasurer APPROVED AS TO FORM Elizabeth A. Krueger, City Attorney 7 CA File Signature Page Sewer Service Agreement-236 W. Dawson

8 TOWN OF BELOIT By: Gene Wright, Interim Town Administrator Attest: Karry DeVault, Town Clerk APPROVED AS TO FORM Brooke Joos, Town Attorney 8 CA File Signature Page Sewer Service Agreement-236 W. Dawson

9 CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: CONSIDERATION OF RESOLUTION APPROVING A SEWER SERVICE AGREEMENT FOR 236 W. DAWSON AVENUE IN THE TOWN OF BELOIT AND CONSIDERATION OF RESOLUTION APPROVING A SEWER SERVICE AGREEMENT AMENDMENT FOR 343 CHERRY STREET IN THE TOWN OF BELOIT : January 14, 2019 Presenter: Lori S. Curtis Luther Department: City Manager Overview/Background Information Single-family residences located at 236 West Dawson Avenue and 343 Cherry Street in the Town of Beloit have failed septic systems. Because the City of Beloit does not find the "208 Sewer Agreement" to be a valid agreement and a comprehensive boundary agreement with the Town of Beloit addressing how sewage shall be accepted by the City has not yet been finalized, the City has graciously offered to extend services exclusively to these two properties on a short term basis. which shall expire on December 31, Key Issues 1. The rate of the service is based on the standard out of City residential rate based upon seven units of water plus a fixed system customer charge, which equates in 2019 to $44.50 per month. 2. The Town of Beloit is responsible for paying the City of Beloit for this service. 3. While the Town has not yet asked for an extension for the property located at 343 Cherry Street that would otherwise expire under current terms on March 31, 2019, it is a good will gesture to extend that agreement at the current annual rate through the end of Conformance with Strategic Plan Approval of this action would conform with the stated purpose of the following strategic goal: Sustainability Goal #1 Create and Sustain Safe and Healthy Neighborhoods Goal #2 Create and Sustain a High Performing Organization Goal #3 Create and Sustain Economic and Residential Growth Goal #4 Create and Sustain a High Quality of Life Goal #5 Create and Sustain High Quality Infrastructure and Connectivity Goal #6 Create and Sustain a Positive Image, Enhance Communications and Engage the Community (If applicable, briefly comment on the sustainable long term impact of this policy or program related to how it will impact both the built and natural environment. Consider whether the policy or program will reduce dependence upon fossil fuels, reduce dependence on chemicals and other manufacturing substances that accumulate in nature, reduce dependence on activities that harm life sustaining eco-systems, and/or meet the hierarchy of present and future human needs fairly and efficiently. Write N/A if not applicable) N/A Action Required/Recommendation Staff recommends approval of the resolution. Fiscal Note/Budget Impact The City will receive $1,068 in revenue from the Town of Beloit. Attachments Proposed Resolutions Agreement Amendment to Existing Agreement Revised

10 RESOLUTION RESOLUTION APPROVING A SEWER SERVICE AGREEMENT AND FIRST AMENDMENT FOR 343 CHERRY STREET IN THE TOWN OF BELOIT WHEREAS, the single-family residence ("Property") located at 343 Cherry Street in the Town has a failed septic system; and WHEREAS, the Town has installed a sanitary sewer main in the street adjacent to the Property intended to drain into the City's sanitary sewer system; and WHEREAS, the owner of the Property desires to connect to the Town's sanitary sewer main rather than replace the failed septic system; and WHEREAS, the Town is willing to permit the connection, but the Town and the City do not yet have an agreement for the City to accept sewage from the Town; and future. WHEREAS, the Town and the City expect to reach an agreement for that purpose in the near NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Beloit, Rock County, Wisconsin, hereby approves the attached Sewer Service Agreement and First Amendment to the Sewer Service Agreement for 343 Cherry Street in the Town of Beloit and the City Manager is authorized to execute the Agreements. Adopted this 14th day of January, ATTEST: Lorena Rae Stottler, City Clerk-Treasurer CITY COUNCIL OF THE CITY OF BELOIT Kevin D. Leavy, President 10

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15 FIRST AMENDMENT TO THE SEWER SERVICE AGREEMENT FOR 343 CHERRY STREET IN THE TOWN OF BELOIT In March of 2018, the City of Beloit ( City ) and the Town of Beloit ( Town ), both located in Rock County, Wisconsin, entered into a Sewer Service Agreement to provide temporary sewer service to the single-family residence located at 343 Cherry Street in the Town. The Town and the City agree as follows: 1. Section 7 of the above-mentioned Sewer Service Agreement is amended to read as follows: 7. If a new agreement permitting discharge from the Town s sewer main in Cherry Street to the City s sanitary sewer system is not reached by December 31, 2019, then the City may terminate this Agreement and stop accepting the wastewater at any time thereafter. The rate paid by the Town shall double as of January 1, The remaining terms of that Sewer Service Agreement are unchanged and remain in full force and effect (the Town acknowledging that the current charge under section 4 is $44.50 per month). 3. This Sewer Service Agreement Amendment shall be effective upon being signed by both parties. Copies of signatures conveyed by fax or shall be considered as effective as original signatures. [signature pages follow] CA File First Amendment to Sewer Service Agreement 343 Cherry Street 15

16 CITY OF BELOIT By: Lori S. Curtis Luther, City Manager Attest: Lorena Rae Stottler, City Clerk-Treasurer APPROVED AS TO FORM Elizabeth A. Krueger, City Attorney CA File Signature Page First Amendment to Sewer Service Agreement 343 Cherry Street 16

17 TOWN OF BELOIT By: Gene Wright, Interim Town Administrator Attest: Karry DeVault, Town Clerk APPROVED AS TO FORM Brooke Joos, Town Attorney CA File Signature Page First Amendment to Sewer Service Agreement 343 Cherry Street 17