AGENDA BELOIT CITY COUNCIL City Hall Forum- 100 State Street 7:00 PM Monday, November 19, 2018

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1 AGENDA BELOIT CITY COUNCIL City Hall Forum- 100 State Street 7:00 PM Monday, November 19, CALL TO ORDER AND ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. SPECIAL ORDERS OF THE DAY/ANNOUNCEMENTS 3.a. Introducing newly hired and promoted employees 3.b. Proclamation declaring November 24, 2018 as Small Business Saturday (Dunkin) Attachment 4. PUBLIC HEARINGS 4.a. Consideration of Resolution approving a PUD, Planned Unit Development (PUD) - Master Land Use Plan on the property located at 2240 Cranston Road (Christensen) Plan Commission recommendation for approval 6-0 Attachment 4.b. Consideration of Ordinance No amending the Zoning District Map to change the Zoning District Classification from C-2, Neighborhood Commercial District, to PUD, Planned Unit Development, for the property located at 2240 Cranston Road (Christensen) Plan Commission recommendation for approval 6-0 First reading Attachment 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. Consideration of Resolution Authorizing Final Payment of Public Works Contract C18-29 on Townline Avenue from Madison to Whipple Reconstruction (Williamson) Attachment Consideration of Resolution Authorizing Final Payment of Public Works Contract C17-15 Rehabilitation & Coating of the I-90 Water Tower (Williamson) Attachment Beloit City Council Meeting Agenda - November 19, 2018 Page 1 1

2 6.c. 6.d. 6.e. 6.f. 6.g. 6.h. 6.i. 6.j. Referral to Plan Commission: Underground Electric Easement for the City-Owned Property at 3015 Cranston Road (Christensen) Attachment Consideration of Resolution accepting the petition for direct annexation of 1014 W Froebel Drive from the Town of Beloit (Christensen) Accept and Refer to Plan Commission Attachment Referral to Plan Commission - Consideration of an application for an Architectural Review Exception to allow metal siding on the proposed Bryden's Quick Lube building located at 548 Broad Street (Christensen) Attachment Consideration of Resolution declaring Official Intent to Reimburse Expenditures from Proceeds of Borrowing (Miller) Attachment Consideration of Resolution declaring doubtful accounts, authorizing amounts to be written-off, receiving and filing the 2018 report of the Comptroller (Miller) Attachment Consideration of Resolution approving an Operating Agreement between the City of Beloit and Family Services of Southern Wisconsin and Northern Illinois Inc. (Williamson) Attachment Consideration of Resolution approving an Intergovernmental Agreement between the City of Beloit, County of Rock, City of Janesville, Town of Beloit, Town of Fulton, Town of Milton, Village of Clinton, and the Village of Orfordville related to the Rock County Task Force Grants (Zibolski) Attachment Consideration of Resolution Approving a Lease Agreement between the City of Beloit and Beloit 2020 Corporation for the real property located at 1003 and 1005 Pleasant Street (Janke) Attachment 7. LICENSES 7.a. 8. ORDINANCES Consideration of Resolution approving applicants for an Alcohol Beverage Operator's (Bartender's) License for period October 29- November 12, 2018 (Ahrens) 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. 9.a. Appointments Attachment 10. COUNCILOR ACTIVITIES AND UPCOMING EVENTS Beloit City Council Meeting Agenda - November 19, 2018 Page 2 2

3 11. CITY MANAGER S PRESENTATION 11.a. Snow Maintenance Update (Williamson) Attachment 12. REPORTS FROM BOARDS AND CITY OFFICERS 12.a. The City Council may adjourn into Closed Session in the City Manager's Conference Room on the 4th floor 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 negotiations, incorporation proceedings, and threatened litigation with the Town of Beloit. The Council will not reconvene into open session (Luther) 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 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 - November 19, 2018 Page 3 3

4 WHEREAS, Small Business Saturday was launched nationally in 2010 in an effort to support local shops and expand a community s economy; and WHEREAS, there are currently 30.2 million small businesses in the United States; and WHEREAS, small businesses and independent retailers are the backbone of our nation, creating jobs, boosting the local economy, preserving our neighborhoods, and giving back to the community; and WHEREAS, Small Business Saturday promotion will take place on November 24, 2018, the Saturday after Thanksgiving, to encourage consumers to bring more holiday shopping to small businesses; and WHEREAS, various participating businesses will have sales, specials, treats and more, to create a festive atmosphere; and WHEREAS, Small Business Saturday will stimulate local economic growth and strengthen our small business community. NOW, THEREFORE, THE CITY COUNCIL PRESIDENT OF THE CITY OF BELOIT does hereby proclaim Saturday, November 24, 2018 as SMALL BUSINESS SATURDAY in the City of Beloit, recognizing the tremendous contributions of small businesses to the economic sustainability of our community and encouraging consumers to shop small business in Beloit all year long to find unique gifts, dine locally, support, and get to know our friends and neighbors who operate small businesses. Presented this 19 th day of November, CITY COUNCIL OF THE CITY OF BELOIT Kevin D. Leavy, President ATTEST: Jelene J. Ahrens, Deputy City Clerk 4

5 CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: Planned Unit Development (PUD) - Master Land Use Plan for 2240 Cranston Road Date: November 19, 2018 Presenter: Julie Christensen Department: Community Development Overview/Background Information Wayne Wegenke of Beloit Elderly LLC has submitted an application for review and consideration of a Planned Unit Development (PUD) - Master Land Use Plan for the development of a multi-phase assisted living facility on the vacant property located at 2240 Cranston Road in the City of Beloit. The proposed plan contemplates up to four assisted living buildings totaling 96 units. A copy of the PUD - Master Land Use Plan is attached to this report. Key Issues 1. The subject property is 6 acres in area and is located immediately west of the Casey s General Store parcel. There is a 100-foot electric transmission line easement that separates the proposed development area from the existing Casey s site. The proposed 24-unit buildings are approximately 14,000 square feet each. 2. The facility will be licensed by the State of WI as a Community Based Residential Facility (CBRF), which is a form of Group Living that is allowed in certain residential and office zoning districts in the City of Beloit. 3. The PUD District is a special-purpose zoning district that permits greater flexibility in land planning and design standards than conventional zoning districts. When a PUD is approved, the approval is tied to the specific uses that are shown on the approved plan, and the underlying zoning district classification is changed to PUD. 4. The applicant has submitted a request to rezone the subject property from C-2, Neighborhood Commercial to PUD, to be reviewed on the same schedule as the PUD Master Land Use Plan. 5. The proposed PUD includes two phases, with two buildings sharing a centralized off-street parking lot in each phase. The plan includes a new driveway on Cranston Road, and a secondary driveway on Shopiere Road. The secondary driveway will utilize an existing easement over the Casey s General Store parcel. 6. The Plan Commission reviewed this item on November 7, 2018 and voted unanimously (6-0) to recommend approval of the PUD - Master Land Use Plan, subject to the ten conditions recommended by Planning staff. 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) The proposed PUD will allow development of an underutilized site served by existing public utilities. 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 5 PUD , Cranston CBRF, 2240 Cranston Road, Council Report

6 RESOLUTION RESOLUTION AUTHORIZING A PLANNED UNIT DEVELOPMENT (PUD) MASTER LAND USE PLAN FOR THE PROPERTY LOCATED AT 2240 CRANSTON ROAD WHEREAS, the application of Beloit Elderly LLC for approval of a Planned Unit Development (PUD) - Master Land Use Plan for the development of a multi-phase assisted living facility on the property located at 2240 Cranston Road, 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, IT IS HEREBY RESOLVED THAT, the City Council of the City of Beloit, Rock County, Wisconsin does hereby approve a PUD - Master Land Use Plan for the development of a multiphase assisted living facility on the property located at 2240 Cranston Road in the City of Beloit, for the following described premises: Lot 2 of Certified Survey Map Document No as recorded in Volume 35 on Pages of the Certified Survey Maps of Rock County, located in the City of Beloit, County of Rock, State of Wisconsin. Said parcel contains 5.98 acres, more or less. As a condition of approving the PUD - Master Land Use Plan, the City Council does hereby stipulate the following conditions and restrictions upon the development, which are hereby deemed necessary for the public interest: 1. This approval authorizes the construction of a State of Wisconsin-licensed Community Based Residential Facility (CBRF) with up to four separate buildings containing up to 25 units each as shown on the attached PUD Master Land Use Plan and architectural renderings. No other commercial or residential uses are allowed on the subject property. 2. The minimum building setbacks, maximum building height, and minimum lot dimensions shall be those in the C-2 zoning district. 3. At least 20% of the lot area shall be open space, and any areas with grasses exceeding 8 inches in height shall require a Land Management Plan. 4. Both proposed access driveways shall be constructed during the first phase, and the Shopiere Road driveway shall be the primary access point for construction traffic. 5. The final PUD plan shall include and the applicant shall construct a public sidewalk in the Cranston Road right-of-way along the entire length of the parcel, along with a private connection to the first building to be constructed. 6. The utility plan shall include and the applicant shall provide at least one new public fire hydrant to serve the proposed development at a location approved by the Fire Inspector. 7. To ensure long term maintenance, all stormwater management areas shall remain on the same parcel as the buildings & parking lots and may not be subdivided into a separate outlot. 8. Prior to issuance of a Building Permit for this project, the applicant shall obtain an Architectural Review Certificate and a Certificate of Zoning Compliance. 9. This development is allowed one freestanding monument sign up to 15 feet in height and PUD , Cranston CBRF, 2240 Cranston Road, Council Report

7 square feet in area, which may not include an Electronically Variable Message (EVM) component. Each building may include one wall sign up to 30 square-feet in area. 10. 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 PUD Master Land Use Plan. The Director of Planning & Building Services may approve minor changes administratively and allow accessory structures and uses that comply with and meet all of the standards and requirements of the City of Beloit Municipal Code. Adopted this 19th day of November, CITY COUNCIL OF THE CITY OF BELOIT ATTEST: Kevin D. Leavy, President Jelene J. Ahrens, Deputy City Clerk 7 PUD , Cranston CBRF, 2240 Cranston Road, Council Report

8 REPORT TO THE PLAN COMMISSION Plan Commission Meeting Date: November 7, 2018 Agenda Item: 3(a) File Number: PUD General Information Applicant: Wayne Wegenke of Beloit Elderly LLC Owner: Cranston Devel Corp (Note: Applicant Provided Copy of Accepted Offer to Purchase) Address/Location: 2240 Cranston Road Applicant s Request/Proposal: The applicant has submitted an application for review and consideration of a Planned Unit Development (PUD) - Master Land Use Plan for the development of a multi-phase assisted living facility. Planned Unit Development (PUD) Process: A PUD is a type of special purpose zoning district and a type of development plan. PUD zoning districts are inextricably linked to PUD plans; no rights of development apply to a PUD zoning designation other than those of the approved PUD plan. PUDs shall be processed in three stages: Master Land Use Plan; Rezoning to PUD district and Final Plan. Master Land Use Plans and Zoning Map Amendments may be processed concurrently, provided that no rezoning to the PUD district may occur until approval of a PUD Master Land Use Plan. The PUD Master Land Use Plan application is reviewed with respect to such issues as density, including the number, type, and location of dwelling units and other uses; impacts on surrounding areas; and the adequacy of facilities and services. The result of this review is the establishment of the basic parameters for development of the PUD. PUD Master Land Use Plan approval establishes the maximum development "envelope" with regard to density, intensity, lot sizes, overall scale, open space, environmental protection, and other land development and service provision issues. The PUD Final Plan is the document upon which building permits and other applicable approvals are issued. The PUD Final Plan review stage is the point at which developers bring forward detailed plans for carrying out the type of project conceptually approved during PUD Master Plan review. The applicant must submit the detailed and technical information necessary to demonstrate that all applicable standards, requirements, and conditions have been met. Staff Analysis Project Summary: The proposed plan contemplates up to four assisted living buildings totaling 96 units. A copy of the PUD - Master Land Use Plan is attached to this report. The proposed buildings are approximately 14,000 square feet each and will include up to 24 units each. 8 PUD , Cranston CBRF, 2240 Cranston Road, Council Report

9 Existing Site Conditions: The subject property is 6 acres in area, is used for agricultural purposes, and is located immediately west of the Casey s General Store parcel. There is a 100-foot electric transmission line easement and overhead lines that separate the proposed development area from the existing Casey s site. Surrounding Land Use and Zoning: The subject property is the largest remaining undeveloped parcel along the busy Cranston Road corridor. Surrounding land uses include professional offices (banks, insurance companies, etc.) and commercial (Casey s). The subject property backs up to large residential properties along Shopiere Road. The applicant is still contemplating how to use the gap area between Casey s and the transmission lines, which is too narrow (approximately 80 feet) for most commercial development. This gap area will retain access to Cranston Road through an ingress/egress easement over the Casey s driveway. City of Beloit Comprehensive and Strategic Plan: The Comprehensive Plan s Future Land Use Map recommends Neighborhood Commercial uses, which can include neighborhood-scale group residential uses such as the proposed PUD. This request supports Strategic Goal #3 by creating residential growth. Zoning Ordinance Requirements: Density/Intensity and Dimensional Standards: The proposed PUD includes a minimum front building setback of 30 feet, a side setback of 10 feet, and a rear setback of 15 feet. These setbacks are consistent with the minimum setbacks in the existing C-2 zoning classification. The proposed buildings are shown beyond the minimum building setbacks. Parking and Loading Requirements: According to Section of the Zoning Ordinances, Group Living facilities must provide at least ½ parking stall per resident room, which equates to 48 parking stalls for the proposed development at total build-out. The applicant has proposed 32 stalls in the first phase to serve 48 rooms (24 stalls required) and 30 stalls in the second phase to serve 48 additional resident rooms (24 stalls required). Other Requirements: The facility will be licensed by the State of Wisconsin as a Community Based Residential Facility (CBRF), which is a form of Group Living that is allowed in certain residential and office zoning districts in the City of Beloit. The proposed development will be subject to the City s landscaping, lighting, signage, and other development standards. The applicant is considering a possible condominium plat to allow each building to have separate ownership, and if that option is chosen, a Condo Plat will be submitted separately for Plan Commission consideration. Review Agent Comments: The application was sent to the City s review agents, and the following comments were received: Engineering Division: The development must include a full width driveway from parking lot area to Shopiere Road access driveway during phase one of the project. The applicant must show the storm water management areas on the site plan/final PUD plan submittal and stormwater must be managed on the same lot as the impervious surfaces. The applicant must secure and provide a copy of the high-voltage transmission line easement prior to final approval. Engineering has approved the applicant s Traffic Impact Analysis showing no adverse effects to Cranston Road from the proposed driveway location. Public sidewalks are required. Fire Department: At least one new public fire hydrant shall be provided to supply water for augmenting the water supply to the facility s sprinkler system. The rear driveway to Shopiere Road shall be constructed during the first phase of development. Both east-west drive aisles leading to the trash enclosures should be aligned for better vehicle maneuverability. 9 PUD , Cranston CBRF, 2240 Cranston Road, Council Report

10 PUD Master Land Use Plan Review Criteria: Applications for a PUD Master Land Use Plan approval may be approved if the following criteria are met: 1. The plan represents an improvement over what could have been accomplished through strict application of otherwise applicable zoning ordinance standards, based on the purpose and intent of this chapter. The plan includes multiple buildings upon one parcel, which would not be allowed through strict application of conventional zoning standards. By layering the buildings through multiple phases, the proposed PUD represents an efficient use of land. 2. The PUD Master Land Use Plan complies with the PUD district standards of Section The proposed PUD will provide for efficient use of public utilities and vacant land, and will be an attractive group living development that is compatible with surrounding land uses. 3. The City and other service providers will be able to provide necessary public services, facilities, and programs to serve the development proposed, at the time the property is developed; Provided the applicant constructs the requested driveways, fire hydrants, and sidewalks, the development will be adequately served. 4. The development is consistent with and implements the planning goals and objectives contained in the Comprehensive Plan and other adopted policy documents; and The proposed buildings will include attractive architecture, quality materials, and sound site design. 5. The PUD Master Land Use Plan is consistent with sound planning practice and the development will promote the general welfare of the community. The proposed PUD will increase the supply of housing units, efficiently use an underutilized parcel served by public utilities, create employment opportunities, and increase the tax base, all of which will promote the general welfare of Beloit. STAFF RECOMMENDATION: The Planning & Building Services Division recommends approval of the PUD Master Land Use Plan for the property located 2240 Cranston Road, subject to the following conditions: 1. This approval authorizes the construction of a State of Wisconsin-licensed Community Based Residential Facility (CBRF) with up to four separate buildings containing up to 25 units each as shown on the attached PUD Master Land Use Plan and architectural renderings. No other commercial or residential uses are allowed on the subject property. 2. The minimum building setbacks, maximum building height, and minimum lot dimensions shall be those in the C-2 zoning district. 3. At least 20% of the lot area shall be open space, and any areas with grasses exceeding 8 inches in height shall require a Land Management Plan. 4. Both proposed access driveways shall be constructed during the first phase, and the Shopiere Road driveway shall be the primary access point for construction traffic. 5. The final PUD plan shall include and the applicant shall construct a public sidewalk in the Cranston Road right-of-way along the entire length of the parcel, along with a private connection to the first building to be constructed. 6. The utility plan shall include and the applicant shall provide at least one new public fire hydrant to serve the proposed development at a location approved by the Fire Inspector. PUD , Cranston CBRF, 2240 Cranston Road, Council Report 10

11 7. To ensure long term maintenance, all stormwater management areas shall remain on the same parcel as the buildings & parking lots and may not be subdivided into a separate outlot. 8. Prior to issuance of a Building Permit for this project, the applicant shall obtain an Architectural Review Certificate and a Certificate of Zoning Compliance. 9. This development is allowed one freestanding monument sign up to 15 feet in height and 150 square feet in area, which may not include an Electronically Variable Message (EVM) component. Each building may include one wall sign up to 30 square-feet in area. 10. 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 PUD Master Land Use Plan. The Director of Planning & Building Services may approve minor changes administratively and allow accessory structures and uses that comply with and meet all of the standards and requirements of the City of Beloit Municipal Code. ATTACHMENTS: Location & Zoning Map, PUD Master Land Use Plan, Photos, Review Agent Comments, PUD Application, Notice, and Mailing List. 11 PUD , Cranston CBRF, 2240 Cranston Road, Council Report

12 PUD , Cranston CBRF, 2240 Cranston Road, Council Report 12

13 Proposed PUD Master Land Use Plan 13 PUD , Cranston CBRF, 2240 Cranston Road, Council Report

14 Example Photos of Willowick 1971 Cranston Road 14 PUD , Cranston CBRF, 2240 Cranston Road, Council Report

15 15 PUD , Cranston CBRF, 2240 Cranston Road, Council Report

16 Fire Department Comments: 16 PUD , Cranston CBRF, 2240 Cranston Road, Council Report

17 17 PUD , Cranston CBRF, 2240 Cranston Road, Council Report

18 18 PUD , Cranston CBRF, 2240 Cranston Road, Council Report

19 19 PUD , Cranston CBRF, 2240 Cranston Road, Council Report

20 20 PUD , Cranston CBRF, 2240 Cranston Road, Council Report

21 CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: Zoning Map Amendment Application for 2240 Cranston Road Date: November 19, 2018 Presenter: Julie Christensen Department: Community Development Overview/Background Information Wayne Wegenke of Beloit Elderly LLC has submitted an application for a Zoning Map Amendment to change the zoning district classification from C-2, Neighborhood Commercial District to PUD, Planned Unit Development District, for the property located at 2240 Cranston Road. Key Issues 1. The applicant has submitted a PUD Master Land Use Plan for a multi-phase assisted living facility that includes up to 96 units in four separate buildings. 2. The proposed buildings are approximately 14,000 square feet each and will include up to 24 units each. 3. The facility will be licensed by the State of WI as a Community Based Residential Facility (CBRF), which is a form of Group Living that is allowed in certain residential and office zoning districts in the City of Beloit. 4. The PUD District is a special-purpose zoning district that permits greater flexibility in land planning and design standards than conventional zoning districts. When a PUD is approved, the approval is tied to the specific uses that are shown on the approved plan, and the underlying zoning district classification is changed to PUD. 5. This application is being considered in accordance with the Zoning Map Amendment procedures contained in Section of the Zoning Ordinance. 6. The Plan Commission reviewed this application on November 7, 2018 and voted unanimously (6-0) to recommend approval of this Zoning Map Amendment. 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) The proposed PUD will allow development of an underutilized site served by existing public utilities. Action Required/Recommendation City Council consideration and 1 st reading of the proposed Ordinance Fiscal Note/Budget Impact N/A Attachments Ordinance and Staff Report to the Plan Commission 21 ZMA , 2240 Cranston Road, Council Report

22 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 2240 Cranston Road, is hereby changed from C-2, Neighborhood Commercial District to PUD, Planned Unit Development District: Lot 2 of Certified Survey Map Document No as recorded in Volume 35 on Pages of the Certified Survey Maps of Rock County, located in the City of Beloit, County of Rock, State of Wisconsin. Said parcel contains 5.98 acres, more or less. Section 2. This Ordinance shall take effect and be in force upon its passage and publication. Adopted this day of, City Council of the City of Beloit Attest: Kevin D. Leavy, Council President Jelene J. Ahrens, Deputy City Clerk Published this day of, 2018 Effective this day of, ZMA , 2240 Cranston Road, Council Report

23 REPORT TO THE PLAN COMMISSION Plan Commission Meeting Date: November 7, 2018 Agenda Item: 3(b) File Number: ZMA General Information Applicant: Wayne Wegenke of Beloit Elderly LLC Owner: Cranston Devel Corp Address/Location: 2240 Cranston Road Applicant s Request/Proposal: The applicant is requesting a Zoning Map Amendment from C-2, Neighborhood Commercial District, to PUD, Planned Unit Development District. Planned Unit Development (PUD) Process: A PUD is a type of special purpose zoning district and a type of development plan. PUD zoning districts are inextricably linked to PUD plans; no rights of development apply to a PUD zoning designation other than those of the approved PUD plan. PUDs shall be processed in three stages: Master Land Use Plan; Rezoning to PUD district and Final Plan. Master Land Use Plans and Zoning Map Amendments may be processed concurrently, provided that no rezoning to the PUD district may occur until approval of a PUD Master Land Use Plan. The PUD Master Land Use Plan application is reviewed with respect to such issues as density, including the number, type, and location of dwelling units and other uses; impacts on surrounding areas; and the adequacy of facilities and services. The result of this review is the establishment of the basic parameters for development of the PUD. PUD Master Land Use Plan approval establishes the maximum development "envelope" with regard to density, intensity, lot sizes, overall scale, open space, environmental protection, and other land development and service provision issues. The PUD Final Plan is the document upon which building permits and other applicable approvals are issued. The PUD Final Plan review stage is the point at which developers bring forward detailed plans for carrying out the type of project conceptually approved during PUD Master Plan review. The applicant must submit the detailed and technical information necessary to demonstrate that all applicable standards, requirements, and conditions have been met. Staff Analysis Project Summary: The proposed plan contemplates up to four assisted living buildings totaling 96 units. A copy of the PUD - Master Land Use Plan is attached to this report. The proposed buildings are approximately 14,000 square feet each and will include up to 24 units each. Existing Site Conditions: The subject property is 6 acres in area, is used for agricultural purposes, and is located immediately west of the Casey s General Store parcel. There is a 100-foot electric transmission line 23 ZMA , 2240 Cranston Road, Council Report

24 easement and overhead lines that separate the proposed development area from the existing Casey s site. Surrounding Land Use and Zoning: The subject property is the largest remaining undeveloped parcel along the busy Cranston Road corridor. Most of the corridor is zoned C-1, Office, as shown on the attached map. The subject property and the Casey s site are zoned C-2. Surrounding land uses include professional offices and commercial (Casey s). The subject property backs up to large residential properties along Shopiere Road. The applicant is still contemplating how to use the gap area between Casey s and the transmission lines, which is too narrow (approximately 80 feet) for most commercial development. This gap area will retain access to Cranston Road through an ingress/egress easement over the Casey s driveway. City of Beloit Comprehensive and Strategic Plan: The Comprehensive Plan s Future Land Use Map recommends Neighborhood Commercial uses, which can include neighborhood-scale group residential uses such as the proposed PUD. This request supports Strategic Goal #3 by creating residential growth. Findings of Fact: Based on Section of the Zoning Ordinance, the Plan Commission shall make a recommendation based on the following considerations: 1. The existing use of property within the general area of the subject property. The proposed assisted living development will have low levels of traffic and activity, and will be compatible with the adjacent office and residential uses. The transmission lines and wide (100-foot) easement will provide separation between the residential buildings and the Casey s development. 2. The zoning classification of property within the general area of the subject property. The proposed assisted living development is compatible with the adjacent C-1, Office District along Cranston Road and the permitted uses therein. The applicant will need to eventually develop, sell, or lease the 80-foot gap between the transmission lines and the Casey s site, which is part of the 6-acre subject property. This gap area will ultimately provide the transition between the C-2 district and the proposed assisted living facility. A PUD Amendment will be needed for uses other than open space. 3. The suitability of the subject property for the uses permitted under the existing zoning classification. With high traffic counts, excellent visibility, and high quality adjacent development, the subject property is suitable for uses permitted in the C-2 district. However, the property has been for sale for a long period with limited commercial demand, likely due to the high voltage transmission lines which bisect the property and prevent most medium-box-style development. 4. The trend of development and zoning map amendments in the general area of the subject property. The applicant developed the Willowick assisted living facility located at 1971 Cranston Road in The adjacent Casey s General Store site was developed in On the opposite side of Cranston Road, the Gateway Bank site was developed in STAFF RECOMMENDATION: The Planning & Building Services Division recommends approval of a Zoning Map Amendment to change the zoning district classification from C-2, Neighborhood Commercial District, to PUD, Planned Unit Development District, for the property located at 2240 Cranston Road. ATTACHMENTS: Location and Zoning Map, PUD Plan, Application, Public Notice, and Mailing List. 24 ZMA , 2240 Cranston Road, Council Report

25 ZMA , 2240 Cranston Road, Council Report 25

26 Proposed PUD Master Land Use Plan 26 ZMA , 2240 Cranston Road, Council Report

27 27 ZMA , 2240 Cranston Road, Council Report

28 28 ZMA , 2240 Cranston Road, Council Report

29 29 ZMA , 2240 Cranston Road, Council Report

30 30 ZMA , 2240 Cranston Road, Council Report

31 CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: Final Payment for Contract C18-29, Townline Madison to Whipple Reconstruction Date: November 19, 2018 Laura Pigatti Williamson, Public Works Presenter: Department: Public Works/ Engineering Director Overview/Background Information This project reconstructed Townline Avenue from Madison Road to Whipple Street. Key Issues 1. The requirements of the contract have been completed to the satisfaction of the City. 2. The awarded contract amount was $338, Quantity decreases and change orders $ 36, Net payment due contractor $375, Previous Payments to Contractor $352, The City Engineer, City Attorney, and Director of Accounting recommend that a final payment be made to Rock Road Co. in the amount of $22, 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 Approval of the Resolution authorizing the Final Payment. Fiscal Note/Budget Impact Adequate funding is available in the 2018 Capital Improvement Plan. Attachments Final Payment Resolution. Revised

32 RESOLUTION RESOLUTION AUTHORIZING FINAL PAYMENT OF PUBLIC WORKS CONTRACT C18-29 TOWNLINE MADISON TO WHIPPLE RECONSTRUCTION WHEREAS, work under this contract has been completed satisfactorily and in conformance with the requirements of the contract; and WHEREAS, Townline Avenue from Madison Road to Whipple Street was reconstructed as part of this project; and WHEREAS, the city engineer, comptroller, and attorney recommend final payment to the contractor. NOW, THEREFORE, BE IT RESOLVED by the City of Beloit City Council that Rock Road Co. be paid $22, as the final payment for Public Works Contract C18-29 Townline Madison to Whipple Reconstruction as recommended by the City Engineer. Approved this 19 th day of November, CITY COUNCIL OF THE CITY OF BELOIT Kevin D. Leavy, President ATTEST: Jelene J. Ahrens, Deputy City Clerk 32 Page 1 of 1

33 CITY OF BELOIT DEPARTMENTAL CORRESPONDENCE TO: FROM: Mike Flesch Andy Hill, Project Engineer DATE: September 13, 2018 SUBJECT: Final Payment Contract C18-29 Townline Madison to Whipple Reconstruction The work on this project was completed on June 29, I have inspected the work and find it to be satisfactory and in compliance with the requirements of the contract. The contractor has asked for final payment. The project was inspected by city staff. There is ongoing work by AT&T at this site, their work is out of our control, and prevents the west sidewalk from being completed. I have been in contact with AT&T about this work since November of 2017 and have had marginal success expediting it. It would be unfair to our contractor to delay their final payment any longer. The original contract amount was for $338,863.78, and the final contract amount is $375, The increase in cost was due to unstable subgrade. A variance report is attached. Payments to date under this contract total $352, Therefore, I recommend a final payment in the amount of $22, be made to Rock Road Co. 33

34 CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: Final Payment for Contract C17-15 Rehabilitation & Coating of the I-90 Water Tower Date: November 19, 2018 Presenter: Laura Williamson, Public Works Director Department: Public Works / Engineering Overview/Background Information This project updated the water tower located on Cranston Road with current safety features and repainted all surfaces of the tower. Key Issues 1. The requirements of the contract have been completed to the satisfaction of the City. 2. The awarded contract amount was $453, Quantity decreases and change orders $ 3, Total contract amount $456, Total payments to contractor to date $445, Net payment due contractor $ 11, The Interim City Engineer, City Attorney, and Director of Accounting recommend that a final payment be made to L & T Painting Company, Inc. in the amount of $11, Conformance with Strategic Plan Approval of this agreement 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 of 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) A properly coated steel water tank will resist rusting and limit the amount of rust that enters into the water system. Action Required/Recommendation Approval of the Resolution authorizing the Final Payment. Fiscal Note/Budget Impact Adequate funding is available in the 2017 Capital Improvement Plan. Attachments Resolution 34

35 RESOLUTION RESOLUTION AUTHORIZING FINAL PAYMENT OF PUBLIC WORKS CONTRACT C17-15 REHABILITATION & COATING OF THE I-90 WATER TOWER WHEREAS, work under this contract has been completed satisfactorily and in conformance with the requirements with the contract; and WHEREAS, this project recoated all surfaces of a water tower and completed some miscellaneous repairs; and WHEREAS, the interim city engineer, comptroller, and attorney recommended final payment to the contractor. NOW, THEREFORE, BE IT RESOLVED by the City of Beloit City Council that that L & T Painting Company Inc. be paid $11, as the final payment for the Public Works Contract C17-15 Rehabilitation & Coating of the I-90 Water Tower as recommended by the City Engineer. Approved this 19th day of November, CITY COUNCIL OF THE CITY OF BELOIT ATTEST: Kevin D. Leavy, President Jelene J. Ahrens, Deputy City Clerk 35

36 CITY OF BELOIT DEPARTMENTAL CORRESPONDENCE TO: FROM: Scott Prindiville Scott Schneider, Project Engineer DATE: October 18, 2018 SUBJECT: Final Payment Contract C17-15 Rehabilitation and Coating of the I-90 Water Tower The work on this project was completed on September 21, The project was inspected by city staff and Dixon Engineering, and have found the work to be satisfactory and in compliance with the requirements of the contract. The contractor has asked for final payment. The project was inspected by city staff. The final payment quantities have been approved by the contractor. The original contract amount was for $453,550.00, and the final contract amount is $456, The increase was due to a modification to the overflow discharge in order to comply with current Wisconsin Department of Natural Resources requirements. Payments to date under this contract total $445,136.25, and all lien waivers from subcontractors are on file. Therefore, I recommend a final payment in the amount of $11, be made to L & T Painting Company, Inc. 36

37 CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: Underground Electric Easement for the City-Owned Property at 3015 Cranston Road Council Referral to the Plan Commission Date: November 19, 2018 Presenter: Julie Christensen Department: Community Development Overview/Background Information Wisconsin Power & Light Company has requested a 20-foot easement across the northern edge of the vacant City-owned property located at 3015 Cranston Road as described and illustrated on the attachments. Key Issues 1. The proposed easement will allow Wisconsin Power & Light (DBA Alliant Energy) to install underground electric lines and related facilities such as conduit, cables, transformers, etc. 2. The subject property is a vacant, 7-acre parcel located between the Canadian Pacific Railroad tracks and Interstate There is private property to the west and south of the subject property owned by Frito-Lay, so the subject property does not have any local street frontage. Furthermore, the subject property is bisected by Springbrook Creek and much of the subject property is located in the 100-year floodplain. 3. As shown on Exhibit B, the proposed 20-foot easement area includes the northernmost 20 feet of the parcel along the railroad right-of-way. The proposed easement area partially overlaps with an easement granted to American Transmission Company in 2016 to allow overhead transmission lines. 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 Referral to the Plan Commission for the November 20, 2018 meeting This item will most likely return to the City Council for possible action on December 3, 2018 Fiscal Note/Budget Impact The proposed acquisition price is $2,763. Attachments Underground Electric Easement and Exhibits 37

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42 CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: Annexation of 1014 Froebel Drive from the Town of Beloit Council Acceptance and Referral to the Plan Commission Date: November 19, 2018 Presenter: Julie Christensen Department: Community Development Overview/Background Information Suzanne Dammen has submitted a Petition for (Direct) Annexation for the property located at 1014 Froebel Drive in the Town of Beloit. The Petition for Annexation and Annexation Plat are attached to this report. A failing septic system is the impetus for this request, as the property must be located in the City in order to connect to the City s sewer system. Key Issues The applicant resides in the existing single-family dwelling on the subject property. The existing septic system on the subject property is failing and needs to be replaced. The applicant is in the process of selling the property, and the failing septic system is a barrier to the sale of the property. Therefore, the applicant would like to be connected to the City s sanitary sewer system. The City has an existing sanitary sewer main in Froebel Drive in front of the property located at 1030 Froebel Drive, which was annexed to the City in The City Engineer has determined that this sanitary sewer line can be extended to the east to provide sanitary sewer service to the subject property after annexation. The subject property is located within the City s 208 Sewer Service Area. Rock County s 208 Water Quality Plan specifies that this area will be served by the City s public sanitary sewer system. The Annexation Plat also includes a 60 wide by 220 long section of Froebel Drive right-of-way, which will make the subject property contiguous to the City of Beloit. The property located at 1022 Froebel Drive will remain in the Town of Beloit for now but the adjacent street will be City of Beloit right-of-way. The Wisconsin Department of Administration s Municipal Boundary Review Office and the Town of Beloit Clerk have been notified of this annexation request. Conformance with Strategic Plan Approval of this agreement 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 of 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) A reduction in the number of septic systems located in urbanized areas will reduce groundwater contamination. The provision of sewer service will satisfy the owner s need for a healthy and sanitary dwelling. Action Required/Recommendation Action on the proposed Resolution Accepting the Petition for Annexation Referral of this item to the Plan Commission for the November 20, 2018 meeting This item will most likely return to the City Council for a first reading on December 3, 2018 Fiscal Note/Budget Impact Costs associated with extending the sewer main will be assessed to the subject property after annexation. Attachments Resolution Accepting Petition, Petition for Annexation, Plat, and Failing Septic System Letter 42

43 RESOLUTION RESOLUTION OF THE CITY COUNCIL ACCEPTING PETITION FOR DIRECT ANNEXATION WHEREAS, a petition for direct annexation of the following territory of the Town of Beloit, Rock County, Wisconsin, lying contiguous to the City of Beloit, Wisconsin, was filed with the City Clerk on October 18, 2018 for the following described property: Lot 4 of a Certified Survey Map recorded in Volume 1, Page 36 of Certified Survey Maps of Rock County, Wisconsin as document no , located in the SW ¼ of the SW ¼ of Section 23, T.1N., R.12E. of the 4 th P.M., Town of Beloit, Rock County, Wisconsin. Also that part of Froebel Drive lying between the northerly extension of the east line of said Lot 4 and the northerly extension of the west line of Lot 3 of said Certified Survey Map. WHEREAS, the Planning & Building Services Division has investigated the petition and certified to the City Council that it was signed by all of the owners of all the real property in the territory to be annexed, is properly described in the petition and shown on the scale map attached thereto, is contiguous to the City of Beloit, and is unincorporated; NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Beloit, Wisconsin, determines that the petition for annexation of the above-described territory is a sufficient and legal petition conforming with the requirements of Section (2) of the Wisconsin Statutes; and NOW, THEREFORE, BE IT FURTHER RESOLVED THAT, the petition be accepted; and that the City Clerk is directed to notify the clerk of the Town of Beloit of the resolution of acceptance, in accordance with Section of the Wisconsin Statutes. Adopted this 19 th day of November, CITY COUNCIL OF THE CITY OF BELOIT ATTEST: Kevin D. Leavy, President Jelene J. Ahrens, Deputy City Clerk 43

44 ANX , 1014 Froebel Drive (TOB), Council Resolution and Referral 44

45 ANX , 1014 Froebel Drive (TOB), Council Resolution and Referral 45

46 ANX , 1014 Froebel Drive (TOB), Council Resolution and Referral 46

47 CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: An application for an Architectural Review Exception to allow metal siding on the proposed Bryden's Quick Lube building located at 548 Broad Street Council Referral to the Plan Commission Date: November 19, 2018 Presenter: Julie Christensen Department: Community Development Overview/Background Information Corporate Contractors Inc. (CCI) on behalf of Bryden Motors has filed an application for an Exception to Section 34.15(1) of the Architectural Review and Landscape Code to allow the installation of metal siding on a commercial building in a C-3, Community Commercial District, for the property located at 548 Broad Street. Key Issues 1. According to Section 34.15(1) of the Architectural Review and Landscape Code, no more than 25% of the exterior walls of a non-industrial building may be metal. 2. This property is also located in the Business Improvement District (BID) which requires elevated design standards for the exterior facade of structures. 3. The applicant has proposed the installation of metal siding on the Quick Lube building that is grey in color. 4. The application and supporting documents are attached to this report. 5. The applicant has been issued a building permit for the project, but it was noted that they do not have approval for the metal panels at this time and that an exception is required for the panels. Conformance with Strategic Plan Approval of this action would conform with the stated purpose of the following strategic goal: Goal #1 Create and Sustain Safe and Healthy Neighborhoods Sustainability 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 Referral to the Plan Commission for the November 20, 2018 meeting This item will most likely return to the City Council for possible action on December 3, 2018 Fiscal Note/Budget Impact N/A Attachments Application, Product Information Sheet, and Exterior Material Make Up 47

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54 CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: Resolution Declaring Intent to Reimburse Expenditures from Bond Proceeds Date: November 19, 2018 Eric R. Miller, Finance & Administrative Presenter: Department: Finance Services Director Overview/Background Information Each year as part of the City s budget and capital project planning process, staff evaluates scheduled capital improvement projects included in the Capital Budget and CIP to determine those that are eligible and require debt financing as a funding source for project completion. For those projects included in the adopted 2019 Capital Budget, the plan is to issue approximately $5.55 million in General Obligation debt. A list of the capital projects scheduled for 2019 bond financing is included in the Declaration of Intent to Reimburse Resolution. U. S. Treasury Regulations Section requires the City to declare its official intent to reimburse any advanced payments of project expenditures from the bond proceeds. The Council must make this declaration by resolution. Key Issues 1) As part of the approved 2019 Capital Budget and CIP, debt financing is required to fund scheduled capital improvement projects. 2) In order to reimburse project expenditures incurred prior to completion of the bond financing, a formal declaration of intent to reimburse is required by U. S. Treas. Regs 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 Recommending Council to approve the reimbursement resolution. Fiscal Note/Budget Impact There is no fiscal impact related to the reimbursement resolution. Attachments Revised

55 RESOLUTION RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE EXPENDITURES FROM PROCEEDS OF BORROWING WHEREAS, the City of Beloit, Rock County, Wisconsin plans to undertake capital projects hereinafter (the "Projects") approved by the City Council in the 2019 Capital Improvements Budget, as follows: Project Title GO Debt TERRACE TREE PLANTING & REMOVAL $80,000 SIDEWALK IMPROVEMENTS 20,000 CITY OWNED PARKING LOT REHAB CITY CENTER PARKING LOT SIGNAGE 50,000 20,000 STREET MAINTENANCE 1,500,000 SIDEWALK GAP CLOSING PROGRAM 50,000 TURN LANES: SIXTH & MIDDLE SIXTH & NORTH 132,000 PRAIRIE AVENUE RECONSTRUCTION: CRANSTON - HUEBBE 610,000 PARK FACILITIES & AMENITIES ENHANCEMENT 295,000 RECREATION FACILITY ENHANCEMENTS 40,000 CITY OWNED BUILDING EVALUATION & REPAIRS 125,000 CITY HALL SECURITY IMPROVEMENTS 159,000 CITY HALL EXTERIOR REPAIRS 89,000 GRINNELL HALL EXTERIOR ENVELOPE REPAIRS 250,000 HENRY AVENUE RESURFACING: PARK RAILROAD 234,500 BELOIT COLLEGE PUBLIC/PRIVATE PARTNERSHIP 250,000 KRUEGER POOL BATHHOUSE ROOF REPLACEMENT 124,000 RETARP SHIRLAND AVENUE SALT SHED 23,000 KRUEGER GOLF COURSE 30,000 NEW DUMP BODY FOR TRUCK #583 13,500 PORTABLE RADIO REPLACEMENT 590,000 ENGINE 697 REPLACEMENT 284,166 CITY WIDE CAMERA/SECURITY PROJECT EXPANSION 30,000 CITY HALL FIBER SWITCHES 30,000 FORUM VIDEO EQUIPMENT REPLACEMENT 20,000 ADA VOTING EQUIPMENT REPLACEMENT 28,000 PROPERTY ACQUISITION & DEMOLITION 250,000 REPLACE ZAMBONI 67,620 FINANCING OF ISSUE 155,214 Total $5,550,000 WHEREAS, the City of Beloit expects to finance the Projects on a long-term basis by issuing taxexempt bonds or other tax-exempt obligations (collectively, the "Bonds"); and 55

56 WHEREAS, because the Bonds may not be issued prior to commencement of the Projects, the Issuer must provide interim financing to cover costs of the Projects incurred prior to receipt of the proceeds of the Bonds; and WHEREAS, the City Council deems it to be necessary, desirable, and in the best interests of the City to advance moneys from its funds on hand on an interim basis to pay the costs of the Projects until the Bonds are issued. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Beloit, Wisconsin that; Section 1. Expenditure of Funds. The City of Beloit shall make expenditures as needed from its funds on hand to pay the cost of the Projects until proceeds of the Bonds become available. Section 2. Declaration of Official Intent. The City of Beloit hereby officially declares its intent under Treas. Reg. Section to reimburse said expenditures with proceeds of the Bonds, the principal amount of which is not expected to exceed $5,550,000 including estimated cost of issuance. Section 3. Unavailability of Long-Term Funds. No funds for payments for the Projects, from sources other than the Bonds, are or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City pursuant to its budget or financial policies. Section 4. Public Availability of Official Intent Resolution. The Resolution shall be made available for public inspection at the office of the City Clerk/Treasurer within 30 days after its approval in compliance with the applicable state law governing the availability of records of official acts including Subchapter II of Chapter 19, Wisconsin Statutes, and shall remain available for public inspection until the Bonds are issued. Section 5. Effective Date. This Resolution shall be effective upon its adoption and approval. Dated at Beloit, Wisconsin this 19 th day of November, CITY COUNCIL OF THE CITY OF BELOIT Kevin D. Leavy, President ATTEST: Jelene J. Ahrens, Deputy City Clerk 56

57 CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: Declaration and Write-Off of Doubtful Accounts Date: November 19, 2018 Presenter: Eric R. Miller, Finance Director Department: Finance Overview/Background Information The City's administrative policy for doubtful accounts and accounts written-off requires the City Comptroller (Finance and Administrative Services Director) to annually present to the City Council an account of $5,000 or more that is considered doubtful and should be written-off as uncollectible. The Community & Housing Services Director recommends 11 loans made through the City of Beloit Rehabilitation Loan Program, funded through CDBG and HOME programs, to be written-off as uncollectible. The total amount to be written-off is $146, (see attached). All of the properties have gone through foreclosure or personal bankruptcies and have been sold or the property owner is deceased. All reasonable efforts to collect the delinquent accounts have been exhausted. Therefore, in accordance with the City's policy, the accounts are considered to be doubtful and should be written-off as uncollectible. Key Issues 1) The write-offs are consistent with the adopted city policy and Governmental Accounting Standards. 2) The total amount to be written-off is $146, ) All reasonable efforts to collect the delinquent accounts have been exhausted. 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) Action Required/Recommendation Staff recommends Council approve the write-off resolution. Fiscal Note/Budget Impact The write-offs are not expected to have any adverse impact of the City's finances. The uncollected funds will not be available for future loans as part of the revolving loan fund program. Attachments Revised

58 RESOLUTION RESOLUTION DECLARING DOUBTFUL ACCOUNTS, AUTHORIZING AMOUNTS TO BE WRITTEN-OFF, RECEIVING AND FILING THE 2018 REPORT OF THE COMPTROLLER WHEREAS, the City s adopted administrative policy governing delinquent accounts and their write-off requires the City Council to review and approve any doubtful accounts that exceed $5,000 which are deemed to be uncollectible; and, WHEREAS, the Community and Housing Services Director recommends the following loans made through the City of Beloit Rehabilitation Loan Program, which is completely funded through the federal CDBG and HOME programs, be written-off as uncollectible since the City has exhausted all efforts to collect the past due amounts and all of the properties or property owners have filed for bankruptcy, been sold at a Sheriff s foreclosure sale, or are deceased; and, WHEREAS, consistent with this policy, the Comptroller (Finance and Administrative Services Director), City Attorney, and the City Manager recommend that the following uncollectible loans and the amounts due should be written-off the City s books. NOW THEREFORE BE IT RESOLVED the City Council declares the following delinquent accounts as uncollectible: Delinquent Account Write-Offs Loan Number Location Amount D Liberty (Deceased) $4, D Lombard (Sheriff s Sale) $15, D Lombard (Sheriff s Sale) $15, D Washburn (Deceased) $11, D Bluff (Deceased) $9, D Oak (Deceased) $11, HOM142D Oak (Deceased) $20, HOM35D Johnson (Bankruptcy) $14, HOM105D Bittel (Bankruptcy) $14, HOM76D Portland (Bankruptcy) $15, HOM150D Townline (Bankruptcy) $14, Total $146, BE IT FURTHER RESOLVED that the City Council authorizes the uncollectible accounts and amounts due to be written-off. BE IT FURTHER RESOLVED the City Council does receive and file the Comptroller s report identifying the accounts declared doubtful or written off that exceed $5,

59 Approved this 19th day of November, CITY COUNCIL OF THE CITY OF BELOIT Kevin D. Leavy, President ATTEST: Jelene J. Ahrens, Deputy City Clerk 59

60 Name Address Circumstances Original Loan Amount Balance Ostenson, Charlene 517 Liberty Property razed; vacant lot sold $ 5, $ 4, D-1/CDBG Deceased 11/29/1990 Colby, Lawrence 1716 Lombard Deceased $ 15, $ 15, D-1/CDBG Rock County tax foreclosure Owner City of Beloit owns COB - 1st mortgage 9/29/2000 McDonald, William 1716 Lombard Deceased $ 15, $ 15, D-1/CDBG Rock County tax foreclosure Owner City of Beloit owns COB - 1st mortgage 3/14/2002 Murph, Dorothy 1015 Washburn Deceased $ 14, $ 11, D-1/CDBG First mortgage foreclosure Owner New property owner 1/14/2004 Anderson, George & Phyllis 1212 Bluff Deceased $ 9, $ 9, D-1/CDBG First mortgage foreclosure Owner 10/11/2007 Cliffe, Vincent & Mary 1025 Oak Deceased $ 11, $ 11, D-1/CDBG Rock County tax foreclosure Owner New property owner 12/21/1983 DuBois, Thera 932 Oak Deceased $ 20, $ 20, HOM142D-1/HOME First mortgage foreclosure Owner New property owner 5/11/2006 Johnson (Byers), Lisa 732 Johnson First mortgage foreclosure $ 15, $ 14, HOM35D-2/HOME Bankruptcy Owner New property owner 8/10/2000 Russell, David & Lisa 1454 Bittel First mortgage foreclosure $ 17, $ 14, HOM105D-1/HOME Bankruptcy Owner New property owner 3/3/2006 Shepherd, Lance & Rachel 904 Portland First mortgage foreclosure $ 15, $ 15, HOM76D-1/HOME Bankruptcy Owner New property owner 1/21/2004 Terwilliger, Edward A 220 Townline Short Sale $ 20, $ 14,

61 CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: Consideration of Resolution approving an Operating Agreement between the City of Beloit and Family Services of Southern Wisconsin and Northern Illinois Inc. Date: November 19, 2018 Presenter: Laura Pigatti Williamson/Mark Edwards Department: Public Works:Parks & Recreation Overview/Background Information The Big Hill Center has space available for organizations which benefit the public. The City of Beloit has partnered with Family Services on different projects including the Literacy for Life Initiative. This Agreement is for the term of one year, commencing on December 1, 2018 through November 30, 2019, with the option to renew for 2 additional one year terms. Approximately 390 square feet of office space shall be occupied for general office use. No signage will be displayed within the Big Hill Center. Key Issues 1. Family Services will be responsible for light maintenance and housekeeping within their occupied area. 2. Family Services will conduct monthly staff meetings at the Big Hill Center. 3. City will provide janitorial services for areas utilized as common space. 4. City will be responsible for major repairs, snow removal, and lawn care. 5. Annual rental income for the initial term shall be $3, 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) NA Action Required/Recommendation Staff recommends approval of the Operating Agreement Fiscal Note/Budget Impact Family Services agrees to pay the City $3, for the first year of occupying the Big Hill Center (December 1, 2018 to November 30, This revenue will help offset maintenance and utility costs related to the facility. Attachments Resolution Operating Agreement Revised

62 RESOLUTION RESOLUTION AUTHORIZING APPROVAL OF AN OPERATING AGREEMENT BETWEEN THE CITY OF BELOIT AND FAMILY SERVICES OF SOUTHERN WISCONSIN AND NORTHERN ILLINOIS, INC. WHEREAS, the Big Hill Center has space available to be occupied by organizations that benefit the public; and WHEREAS, the City of Beloit has partnered with Family Services on different projects including most recently the Literacy for Life Initiative; and NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Beloit hereby approves the attached Operating Agreement between the City of Beloit and Family Services of Southern Wisconsin and Northern Illinois, Inc., and the City Manager is authorized to execute the agreement and take such necessary action to effectuate the purpose of this Resolution. Approved this 19th day of November, CITY COUNCIL OF THE CITY OF BELOIT ATTEST: Kevin D. Leavy, President Jelene J. Ahrens, Deputy City Clerk 62

63 OPERATING AGREEMENT BETWEEN THE CITY OF BELOIT AND FAMILY SERVICES OF SOUTHERN WISCONSIN AND NORTHERN ILLINOIS, INC. FOR OFFICE SPACE AT BIG HILL CENTER 1201 BIG HILL COURT, BELOIT, WISCONSIN IT IS HEREBY AGREED this day of, 20, by and between the CITY OF BELOIT, a Wisconsin municipal corporation, with its principal offices at 100 State Street in the City of Beloit, Rock County, Wisconsin, (hereinafter referred to as the "City") and FAMILY SERVICES OF SOUTHERN WISCONSIN AND NORTHERN ILLINOIS, INC., a Wisconsin nonstock corporation with its principal address located at 416 College Street, Beloit, Rock County, Wisconsin, (hereinafter referred to as Family Services"), as follows: 1. NATURE OF CONTRACT. It is expressly understood and agreed that this contract is not a lease or a conveyance of real estate, but merely a granting of the right to conduct certain activities and provide certain services for the benefit of the public. 2. USE OF PROPERTY/PREMISES. The City hereby grants the Family Services the use of certain areas, approximately 390 sq. ft. of Big Hill Center located on the property commonly known as 1201 Big Hill Court, in the City of Beloit, Rock County, Wisconsin further delineated as Area A (hereinafter referred to as Premises ), on Exhibit A which is attached hereto and incorporated herein by reference. Access to non-common areas may be granted at the discretion of the Director of Parks and Recreation, or designee. The City also grants to Family Services the non-exclusive use of the public parking lots and recreation areas in Big Hill Park, as well as the common areas of Big Hill Center, including hallways, reception areas, and restrooms. Use of other areas of Big Hill Center shall be subject to the same terms and conditions as other persons wanting to utilize city facilities. 3. TERM. The term of this Agreement shall be one year, commencing on the date that Family Services begins to occupy the premises described in Exhibit A. The parties anticipate that Family Services will begin to occupy the premises on or about December 1, Family Services shall have an option to renew this Agreement for two (2) additional one-year terms beginning on December 1, Family Services option to extend this contract is conditioned upon the following: CA File Number: Page 1 of 8 Operating Agreement- Family Services 63

64 (a) That Family Services give the City notice of its intent to exercise its option to extend this contract not less than 90 days prior to the expiration of the initial or subsequent term. (b) That Family Services not be in default on any of the obligations imposed upon it by the terms of this Agreement. 4. FEES. Family Services shall pay the City an annual fee pursuant to the following schedule. The fee shall be payable in twelve equal installments with first payment shall be made on or before December 1, 2018 and subsequent payments shall be due on or before the first day of each month thereafter. The fee shall be made payable to the City Treasurer of Beloit, 100 State Street, Beloit, Wisconsin Term Annual Fee Monthly Installment December 1, 2018 through November 30, 2019 $3,900 $325 Renewal Term (if exercised) Annual Fee Monthly Installment December 1, 2019 through November 30, 2020 $3,900 $325 December 1, 2020 through November 30, 2021 $4,020 $ MODIFICATIONS OF CITY FACILITIES. Family Services shall make no improvements or alterations to the premises without the written review and consent of the City. All improvements and alterations to the premises shall remain the property of the City, unless otherwise agreed by the parties in writing. 6. PERMITTED USES. The Premises shall be used only for trainings and general office uses, including meetings of the organization. 7. PROHIBITED USES. Family Services will not permit the Premises to be used for any unlawful purpose or for any purpose that will in any way affect the validity of any policy of insurance. Family Services shall abide by all federal, state and local regulations. 8. CHANGE IN USE. Family Services shall not change its use of the Premises without the prior written consent of the City. 9. LICENSES, PERMITS AND TAXES. Family Services, its contractors and agents, shall obtain CA File Number: Page 2 of 8 Operating Agreement- Family Services 64

65 all licenses and permits necessary for any activity conducted on the premises, if required. Family Services shall promptly pay and discharge when the same becomes due and payable all personal property, sales and use taxes levied against Family Services, its contractors and agents. In no event shall Family Services, its contractors or agents, permit any tax liens to be placed against the premises described in Exhibit A. 10. MAINTENANCE AND REPAIRS. (a) City Responsibilities (1) Major Repairs: The City shall assume responsibility for all major repairs to the Premises. Major repairs are structural repairs, including but not limited to, categories as: the building floors, walls, and roof, and the exterior plumbing, electrical, sewer, heating, and air conditioning systems. (2) Minor Repairs: The City shall be responsible for minor repairs, other than those described in paragraph (b) below. Examples of minor repairs include, but are not limited to, repairs to electrical fixtures and appliances owned by the City. (3) Snow Removal/Lawn Care. The City shall be responsible for snow removal and lawn care. (4) Any major or minor repairs that are necessitated as a result of either the negligence or actions or inactions of Family Services, its employees, agents, or invitees shall be the responsibility of Family Services. (b) Family Services Responsibilities (1) Report of Complaints. Family Services shall immediately notify the City's Director of Parks and Recreation, or designee, of any problems or complaints regarding the Premises, including the common areas of Big Hill Center. (2) Light Maintenance and Housekeeping. Family Services shall be responsible for light maintenance and housekeeping of the Premises and Big Hill Center s common areas. Maintenance includes daily janitorial service for the common areas, including all interior facilities of the CA File Number: Page 3 of 8 Operating Agreement- Family Services 65

66 building and exterior entrances of the building. The City shall provide all necessary cleaning supplies and equipment for these services, as well as providing paper products for the restrooms. 11. UTILITIES. The City shall pay for all utilities serving Big Hill Center except for telephone, fax, and internet/cable services which shall be the sole responsibility and expense of the Family Services. The City will provide usernames and/or passwords to the Family Services for access to a wireless network, if such service is available. All utility expenses shall be paid at the time they are due and payable. 12. CITY RESPONSIBILITIES. The City agrees to the following: (a) Provide janitorial services following use of designated rental spaces by third parties, including those common areas utilized in the course of such use by third parties. (b) Annually clean the interior windows and elevated ceiling areas within the common areas. (c) Replace any lighting within the common areas as well as exterior lighting for Big Hill Center. (d) Provide access codes to the security monitoring system at Big Hill Center. 13. SIGNAGE. Family Services shall not erect or display, or permit to be erected or displayed, on the Premises, or within Big Hill Center. No signage may be taped to the walls, windows or doors of the building. 14. INSPECTION OF PREMISES. Family Services shall permit the City, at reasonable and proper times and with reasonable notice, to enter and inspect the premises. If Family Services doesn't exercise its option to renew the Agreement, the City shall, upon reasonable notice, be able to show the premises to interested parties. 15. ASSIGNMENT. Family Services may not assign its interest in this Agreement to any other party without the written review and consent of the City. 16. DAMAGE TO THE PREMISES. If the Big Hill Center should be partially damaged by fire or other casualty, the City shall repair the same as quickly as possible at the City's expense. In the event that the damage is so extensive as to render the Premises untenable, any fees paid to the City shall abate until the building is repaired. If the building is damaged to the extent that the City determines that it is infeasible to rebuild, this Agreement shall terminate and the Premises shall be surrendered to the City. CA File Number: Page 4 of 8 Operating Agreement- Family Services 66

67 17. ABANDONMENT OF PREMISES. If Family Services abandons or vacates the Premises before the expiration of this Agreement, this Agreement shall terminate immediately and the City shall be at liberty to enter into an operating agreement with another party. If Family Services abandons any portion of the Premises for a period of ninety (90) days, the City may enter into an agreement with another party for use of the portion of the Premises abandoned. In this paragraph, the word abandon means the voluntary relinquishment of the right to use the property for the purposes permitted under this Agreement. 18. SURRENDER OF PREMISES. Upon the expiration of this Agreement, Family Services shall surrender the Premises to the City in as good a condition and repair as received, reasonable wear and tear excepted. 19. ANTENNAE. Family Services shall not place any aerial, antenna, wire or other apparatus on the exterior of Big Hill Center, whether permanent or temporary, without the written review and consent of the City. The City is hereby authorized to remove, at Family Services expense, any such apparatus erected without such written consent. 20. INDEMNIFICATION. Family Services does hereby indemnify and hold the City harmless from and against all claims, damages, losses, and expenses, including reasonable attorney fees arising out of or resulting from Family Services performance of this Agreement. Family Services shall be responsible to the City for acts and omissions of its employees, agents, and contractors, performing any Family Services work under this Agreement. Family Services shall take all reasonable precautions for the safety of and protection of its employees, agents, contractors, and patrons, and shall protect them from injury, damage and loss. 21. INSURANCE. Family Services shall, at its expense, procure the following insurance policies from insurance companies licensed to do business in the State of Wisconsin with Best's rating of no less than A Vll", in amounts and coverages not less than hereinafter set forth. (a) Commercial General Liability. General Aggregate Limit $1,000,000 Each Occurrence $1,000,000 Products/Completed Operations Aggregate Limit $1,000,000 Personal & Advertising Injury Limit $1,000,000 CA File Number: Page 5 of 8 Operating Agreement- Family Services 67

68 Medical Expense Limit/Any One Person $10,000 The Commercial General Liability policy will include protection for: (a) Bodily Injury and Property Damage Liability arising from premises, operations, products and completed operations. (b) (c) (d) Contract Liability coverage for this Contract and related contracts, including subcontracts. Coverage for bodily injury or personal injury inflicted by one employee upon another. Coverage for property in the care, custody or control of Welty Center or a Property of Others policy. (b) Automobile Liability Insurance. Should one or more automobiles be purchased, leased or used on behalf of the Family Services, Family Services shall take out and maintain during the life of the Agreement such Automobile Liability Insurance as shall protect it against claims for damages resulting from (a) bodily injury, including wrongful death, and (b) property damage which may arise from the operations of any owned, hired, or now-owned automobiles used by or for it in any capacity in connection with the carrying out of this Agreement. The minimum acceptable limits of liability to be provided by such Automobile Liability Insurance shall be as follows: Bodily Injury and Property Damage: 1,000,000 Combined Single Limit (c) Worker s Compensation. The Family Services shall provide Worker's Compensation Insurance coverage including coverage for injuries caused by fellow employees in accordance with Wisconsin statutory limits. (d) Changes in Coverage. Family Services shall not discontinue or change liability insurance policies in effect during any part of this Agreement without buying tail end insurance to cover potential claims that may have occurred during the term of this Agreement. The hold harmless, indemnity and insurance provisions of this Agreement shall survive the termination of this Agreement and shall remain operative until the time that all potential claims or potential civil actions by the parties or by third parties shall expire under existing law. 22. CERTIFICATION OF INSURANCE. Coverage afforded shall apply as a primary with the City named as an additional insured on the commercial general and automobile policies. Family Services shall provide the City with a certificate of insurance, showing evidence of the above requirements. Family Services shall provide 30 days advance written CA File Number: Page 6 of 8 Operating Agreement- Family Services 68

69 notice of cancellation, alteration or non-renewal during the term of this Agreement and 10 days if for non-payment of premium. The City reserves the right to request and Family Services has the duty to provide copies of all policies and endorsements thereto provided for herein upon reasonable demand therefore during the term of this Agreement and for one year after its expiration. 23. PERSONAL PROPERTY. Family Services shall insure its personal property against damage resulting from fire, theft or other casualty. The City shall not be liable for any loss or damage to the property of Family Services its employees or invitees. Family Services shall indemnify and hold the City harmless from any liability for damage to personal property resulting from defects in the electrical wiring, plumbing, gas, water heating, sewer or other pipes, leaking or running water, or stoppage or overflow of any wash stand, toilet, tub, or waste pipe in or upon the Premises. 24. DEFAULT. If Family Services fails to pay the fee when due, commits waste or neglects to perform any of its obligation contained in this Agreement, the City may give Family Services a notice requiring Family Services to pay the fee, to stop or repair the waste or to otherwise comply with this Agreement within ninety (90) days after service of the notice. If Family Services fails to comply with the notice within the 90-day period, this Agreement shall terminate. If monetary damages are adequate protection for the City, Family Services may cure the default by paying the City for damages caused by the Family Services breach of this Agreement. The notice shall be in writing and shall be served in the manner provided in paragraph NOTICES. Whenever notices are required under this Agreement, they shall be served by first-class U.S. Mail, addressed as follows: To the City: With a Copy to: To Family Services: City Manager City Hall 100 State Street Beloit, WI City Attorney City Hall 100 State Street Beloit, WI John Fleiderer Executive Director 416 College Street Beloit, WI CA File Number: Page 7 of 8 Operating Agreement- Family Services 69

70 26. AUTHORIZATION. Family Services shall provide the City with a corporate resolution authorizing its undersigned officers to execute this Agreement on behalf of the Family Services. 27. AMENDMENTS TO CONTRACT. This Agreement may not be amended except by mutual written consent of the parties. 28. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties. 29. ENFORCEMENT. The prevailing party shall be entitled to recover reasonable attorney fees and costs from the other party in any action to enforce this Agreement. IN WITNESS WHEREOF, the parties have signed this Agreement on the date set forth in the first paragraph of this Agreement. CITY OF BELOIT a Wisconsin municipal corporation By: Lori S. Curtis Luther, City Manager ATTEST: FAMILY SERVICES OF SOUTHERN WISCONSIN AND NORTHERN ILLINOIS, INC. a Wisconsin non-stock corporation By: John Pfleiderer, Executive Director By: Lorena Rae Stottler, City Clerk-Treasurer APPROVED AS TO FORM: By: Elizabeth A. Krueger, City Attorney tdh/files/ /operating Agreement Big Hill Center (Family Services) = CA File Number: Page 8 of 8 Operating Agreement- Family Services 70

71 71

72 CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF BELOIT, COUNTY OF ROCK, CITY OF JANESVILLE, TOWN OF BELOIT, TOWN OF FULTON, TOWN OF MILTON, VILLAGE OF CLINTON, AND THE VILLAGE OF ORFORDVILLE FOR TASK FORCE GRANTS Date: November 19, 2018 Presenter: Chief David Zibolski Department: Police Overview/Background Information The Beloit Police Department has been administering this Alcohol Enforcement Grant for other Rock County Agencies since In 2019 the Village of Orfordville will be joining the task force grant, therefore, we are requesting an updated resolution adding them to the task force. Future additions to the task force will be handled adminsitratively with the authorization of this Resolution Key Issues 1. The Village of Orfordville Police Department is being added to the agreement. 2. An intergovernmental agreement was previously signed by each participating subrecipient member of the task force and is on file. Conformance with Strategic Plan Approval of this action would conform with the stated purpose of the following strategic goal: 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 Sustainability (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 grant requires a soft match of 25% which is accounted for in the adopted 2019 Police Department budget Attachments Proposed Resolution & Agreement Revised

73 RESOLUTION RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF BELOIT, COUNTY OF ROCK, CITY OF JANESVILLE, TOWN OF BELOIT, TOWN OF FULTON, TOWN OF MILTON, VILLAGE OF CLINTON, AND THE VILLAGE OF ORFORDVILLE RELATED TO THE ROCK COUNTY TASK FORCE GRANTS WHEREAS, the State of Wisconsin Bureau of Transportation Safety has awarded Rock County certain grants for alcohol, seat belt, and speeding enforcement to the City of Beloit, City of Janesville and County of Rock to operate as a Rock County Task Force project, of which the City of Beloit is the administrator of the alcohol enforcement grant; and WHEREAS, the attached agreement outlines responsibilities with regard to performance under the grant among the participating agencies; and WHEREAS, the grant will assist the task force in maintaining its goals related to traffic safety in the community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Beloit, Rock County, Wisconsin, does hereby approve the attached Intergovernmental Agreement regarding the task force for alcohol, seat belt and speeding enforcement and any future agreements provided there are no substantive changes in the terms and conditions thereof other than the amount of the grant award and the participants in the task force. Adopted this 19th day of November, CITY COUNCIL OF THE CITY OF BELOIT ATTEST: Kevin D. Leavy, Council President Jelene J. Ahrens, Deputy City Clerk

74 ROCK COUNTY WISCONSIN TASK FORCE GRANTS IGA INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF ROCK, CITY OF BELOIT, CITY OF JANESVILLE, TOWN OF BELOIT; TOWN OF FULTON; TOWN OF MILTON, TOWN OF TURTLE, AND VILLAGE OF CLINTON RELATED TO THE OPERATING WHILE UNDER THE INFLUENCE (OWI), SEATBELT AND SPEED ENFORCEMENT TASK FORCE GRANTS This Intergovernmental Agreement is made by and between Rock County, City of Beloit, City of Janesville, Town of Beloit, Town of Fulton, Town of Milton, Town of Turtle, Village of Clinton, and the Village of Orfordville (collectively hereinafter Parties ); WHEREAS, each of the Parties is a Wisconsin governmental entity having a law enforcement agency as defined in (1) (b), Wis. Stats.; and WHEREAS, , Wis. Stats., authorizes the Parties to enter into agreements for the provision of services and the joint exercise of governmental powers; and WHEREAS, the Parties agree that County of Rock will be the administrator of the Seat Belt Grant, the City of Beloit will be the administrator of the OWI Grant and the City of Janesville will be the administrator of the Speed Enforcement Grant, and all other members shall be deemed sub-grantees within those grants; and WHEREAS, the Parties have each determined that it is in the public interest to periodically execute high-visibility enforcement efforts to deter drivers that are intoxicated, speeding and not legally restrained while in their motor vehicles, within its respective jurisdictions; and WHEREAS, the Parties have determined that a task force consisting of law enforcement officers from each of the Parties law enforcement agencies working in concert to carry out those enforcement efforts within its respective jurisdiction will provide the most efficient means to undertake such efforts while maintaining adequate general law enforcement services within its respective jurisdictions; and 74 1

75 ROCK COUNTY WISCONSIN TASK FORCE GRANTS IGA WHEREAS, the Parties have reached agreement on the terms and conditions under which such a task force will be organized and operated, and intend to memorialize that agreement by this writing; NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the undersigned Parties agree as follows: 1. MEMBERSHIP. The Rock County Task Force membership shall consist of the following law enforcement agencies: Rock County, City of Beloit, City of Janesville, Town of Beloit, Town of Fulton, Town of Milton, Town of Turtle, Village of Clinton and the Village of Orfordville. Agencies that do not administer the grants shall be collectively referred to as Subgrantees for the purposes of its respective roles in participating in the Grants outlined in this Agreement. 2. ADMINISTRATION. The Parties intend by this Agreement that the Task Force Grants will be administered as follows: the Rock County Sheriff s Office will administer Seatbelt Task Force Grant, the City of Beloit will administer the OWI Task Force Grant and the City of Janesville will administer the Speed Enforcement Task Force Grant in order to conduct them within each jurisdiction. Hereinafter Rock County, City of Beloit and Janesville shall be collectively referred to as Administrators for the purposes of its respective roles in administering the Grants outlined in this Agreement. 3. PURPOSE. The purpose is to provide intensive and highly visible traffic enforcement efforts throughout Rock County. The task force will generally concentrate on OWI, speeding and seatbelt driving offenses, but may be directed toward other types of traffic offenses if deemed necessary by the members of the task force operating at such time. 75 2

76 ROCK COUNTY WISCONSIN TASK FORCE GRANTS IGA 4. RESPONSIBILITES. a. Administrator Responsibilities. Administrators shall: i. Complete monthly activity and reimbursement reports. ii. Coordinate reimbursement of funds. iii. Coordinate deployments thru data analysis b. Subgrantee Responsibilities. Subgrantees shall designate a grant coordinator for its respective agency. The grant coordinator shall: i. Coordinate deployment activities ii. Submit activity reports and reimbursement claim to the appropriate Administrator of the grant no later than the 10 th day of the following month. Failure to provide documentation may result in deployment funds not being reimbursable. iii. Notify the appropriate grant coordinator if unable to conduct a scheduled enforcement deployment. c. All members shall participate in High Visibility Enforcement dates as designated by the State of Wisconsin. 5. TERMINATION This agreement may be terminated by any of the parties by giving the participating members 30 days written notice of that party's intent to terminate the contract. The notice shall state the effective date of termination and shall be mailed to the participating members at least 30 days prior to the date of termination as follows. 6. MISCELLANEOUS PROVISIONS a. All Parties to this Agreement shall be responsible for its own actions in providing services under this Agreement. This Agreement represents a cooperative effort by the Parties to serve the interests of each party and its constituents. Each party to this Agreement agrees to fully and, in all respects, indemnify, defend and 76 3

77 ROCK COUNTY WISCONSIN TASK FORCE GRANTS IGA hold harmless, the other Parties from and against any and all claims and liability, including reasonable attorneys fees, resulting from all acts, errors, omissions, or other conduct of the indemnifying party, its employees, boards, commissions, agencies, officers and representatives. Each party shall be responsible for the consequences of its own acts, errors or omissions and those of its employees, agents, boards, commissions, agencies, officers and representatives. b. The Parties to this Agreement do not intend for any other party to obtain a right by virtue of this Agreement. c. By entering into this Agreement, the Parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. d. This Agreement may be executed in counterparts and shall be as effective as if executed on one document. Facsimile and scanned signatures shall have the full force and effect of original signatures. e. The Parties agree that this Agreement shall not be deemed or construed to have been modified, amended, rescinded, canceled or waived in whole or in part, unless the Parties agree in writing. f. If any provision, covenant, agreement or portion of this agreement or its application to any person, entity or property is held invalid, such invalidity shall not affect the application or validity of any other provisions, covenants or portions of this agreement, and to that end all provisions, covenants or portions of this agreement are declared to be severable. IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates below. [Signature Pages to Follow] 77 4

78 ROCK COUNTY WISCONSIN TASK FORCE GRANTS IGA COUNTY OF ROCK By: Signature Print Name and Title Date Attest: Signature Print Name and Title Date APPROVED AS TO FORM Corporation Counsel Print Name Date 78

79 ROCK COUNTY WISCONSIN TASK FORCE GRANTS IGA CITY OF BELOIT By: Lori S. Curtis Luther, City Manager Date Attest: Lorena Rae Stottler, City Clerk Date APPROVED AS TO FORM Elizabeth A. Krueger, City Attorney Date 79

80 ROCK COUNTY WISCONSIN TASK FORCE GRANTS IGA CITY OF JANESVILLE By: Signature Print Name and Title Date Attest: Signature Print Name and Title Date APPROVED AS TO FORM City Attorney Print Name Date 80

81 ROCK COUNTY WISCONSIN TASK FORCE GRANTS IGA TOWN OF BELOIT By: Signature Print Name and Title Date Attest: Signature Print Name and Title Date APPROVED AS TO FORM Town Attorney Print Name Date 81

82 ROCK COUNTY WISCONSIN TASK FORCE GRANTS IGA TOWN OF MILTON By: Signature Print Name and Title Date Attest: Signature Print Name and Title Date APPROVED AS TO FORM Town Attorney Print Name Date 82

83 ROCK COUNTY WISCONSIN TASK FORCE GRANTS IGA TOWN OF FULTON By: Signature Print Name and Title Date Attest: Signature Print Name and Title Date APPROVED AS TO FORM Town Attorney Print Name Date 83

84 ROCK COUNTY WISCONSIN TASK FORCE GRANTS IGA TOWN OF TURTLE By: Signature Print Name and Title Date Attest: Signature Print Name and Title Date APPROVED AS TO FORM Town Attorney Print Name Date 84

85 ROCK COUNTY WISCONSIN TASK FORCE GRANTS IGA VILLAGE OF CLINTON By: Signature Print Name and Title Date Attest: Signature Print Name and Title Date APPROVED AS TO FORM Village Attorney Print Name Date 85

86 ROCK COUNTY WISCONSIN TASK FORCE GRANTS IGA VILLAGE OF ORFORDVILLE By: Signature Print Name and Title Date Attest: Signature Print Name and Title Date APPROVED AS TO FORM Village Attorney Print Name Date 86

87 CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF BELOIT AND BELOIT 2020 CORPORATION FOR THE REAL PROPERTY LOCATED AT 1003 AND 1005 PLEASANT STREET Date: November 19, 2018 Presenter: Andrew Janke Department: Economic Development Overview/Background Information The City of Beloit owns property at 1003 and 1005 Pleasant Street. This property is commonly referred to as the Pump House as it was originally built by the local water utility to distribute water to customers throughout the City. This historic property sat vacant for many years and fell into disrepair until it was completely renovated in 1991 as an early stage project of the Beloit Riverfront Redevelopment project. The Riverfront Redevelopment Project was envisioned, lead, and partially funded by what was then called Beloit 2000 and later known as Beloit For many years the property housed the Beloit Convention and Visitors Bureau (Visit Beloit) and most recently housed the offices of the City of Beloit Park and Recreation Division. Parks and Recreation moved out at the end of 2017 and the building has been vacant since. Beloit 2020 Corporation, now commonly being referred to as Beloit 200, has approached the City of Beloit with an interest in leasing the property. Beloit 200 would like to use the building for their own office and meeting space and to establish a presence in City Center. Beloit 200 would also like to sub-let a portion of the building to other community based non-profits that will also use the building for office and meeting space. The City believes that the proposed tenant and use is appropriate and has negotiated the terms and conditions outlined in the attached Lease Agreement. Key Issues 1. The term of the Lease will be for two years beginning December 1st 2018 through November 30th Beloit 200 has the option to extend for an additonal two years. Beloit 200 and the City may mutualy agree to extend the lease for three additional two year terms. 2. Rent will be $1.00 a year and Beloit 200 will be responsible for any real and/or personal property taxes. 3. Beloit 200 will be required to pay all utility expense including: heat, air conditioning, water, sewer, gas, telcom, and refuse removal. 4. The City will be responsible for major exterior structural repairs, mechanical and utility systems. The City will also be responsible for snow removal, lawncare, and landscaping care. 5. Beloit 200 may sublet a portion of the building to one or more community based non-profit organizations. Any rental income that exceeds the actual utility costs incured by Beloit 200 will be paid to the City of Beloit and will be calculated and paid on an annual basis. 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) The co-occupation and reuse of this historic property represents an excellent example of compact inner city redevelopment. There will be not impact on wetlands or sensitive wildlife. As this is an existing City Center site it is served by existing infrastucture and therefore it will not contribute to urban sprawl. Action Required/Recommendation 87

88 Staff recommends approval of the Resolution authorizing the City Manager to execute the Lease Agreement. Fiscal Note/Budget Impact The City will continue care for the lawn and landscaping, and remove snow but beyond that there will be no additonal costs incured. If Beloit 200's sub-tenant's income exceeds their annual utility expenses, that net income will be paid to the City and applied to the General Fund. Attachments Resolution and Lease Agreement Revised

89 RESOLUTION RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF BELOIT AND BELOIT 2020 CORPORATION FOR THE REAL PROPERTY LOCATED AT 1003 AND 1005 PLEASANT STREET WHEREAS, the City of Beloit owns the properties located at 1003 and 1005 Pleasant Street commonly referred to as the Pump House; and WHEREAS, in the past the City has leased the property to Visit Beloit and most recently was used for the offices for the Parks and Recreation Division; and WHEREAS, the property is currently vacant and unused and the City is desirous to find an appropriate tenant; and WHEREAS, the original remodeling and renovation of this historic structure was supported in early planning efforts lead by Beloit 2000, which transitioned to Beloit 2020, and now known as Beloit 200; and WHEREAS; Beloit 2020 Corporation is desirous of leasing the building for office use, and to establish a presence in Beloit s City Center; and WHEREAS, the City believes that leasing the property to Beloit 2020 is an appropriate and desirous use. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Beloit hereby approves the Lease and that the City Manager is authorized to execute the attached agreement and take such necessary action to necessary to implement the provisions therein. Approved this 19th day of November, CITY COUNCIL OF THE CITY OF BELOIT ATTEST: Kevin D. Leavy, President Jelene J. Ahrens, Deputy City Clerk 89

90 LEASE AGREEMENT THIS LEASE ( Lease ) is dated as of the day of November, 2018, and is among the CITY OF BELOIT, a Wisconsin municipal corporation ( Landlord ) and BELOIT 2020 CORPORATION, a/k/a BELOIT 200, a Wisconsin non-stock corporation ( Tenant ). In consideration of the covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged herein, the parties agree as follows: ARTICLE I Section 1.1 Lease of Leased Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the following (collectively, the Leased Premises ): a. The real property located at 1003 and 1005 Pleasant Street, Beloit, WI 53511, as more specifically identified on Exhibit A which is attached hereto and incorporated herein by reference. b. All buildings, structures, Fixtures (as hereinafter defined) and other improvements of every kind now or hereafter located on the Land, including sidewalks, parking areas and driveways appurtenant to such buildings and structures, and any additions hereafter funded by Landlord (collectively, the Leased Improvements ). c. All easements, rights and appurtenances relating to the Land and the Leased Improvements. d. All equipment, machinery, fixtures, leasehold improvements and other items, including all components thereof, now and hereafter located in, at or on, used in connection with, and permanently affixed to or incorporated into the Leased Improvements, including, as present on November 1, 2018, all furnaces, electrical equipment, heating, plumbing, lighting, ventilating, airconditioning systems, sprinkler systems, fire and theft protection equipment, all of which, to the greatest extent permitted by law, are hereby deemed to constitute real estate, together with all replacements, modifications, alteration and additions thereto (collectively, the Fixtures ), excepting therefrom, certain computer equipment ( City Equipment ) owned by the City of Beloit that will be kept in a secured location on-site in a location mutually agreeable to the Parties. Absent an emergency, Landlord will provide reasonable notice to Tenant when it intends to access the City Equipment. Section 1.2 Term. The Term of this Lease shall be follows: a. Initial Term. The initial term of this Lease shall be for two (2) years, commencing on December 1, 2018 and ending on November 30, b. Renewal Term(s). The Tenant shall have the option to extend this Lease for one (1) additional two-year term on the same terms and conditions set out herein provided that there is no default or event which with notice or the passage of time could be a default under this Lease. The Parties may thereafter agree to extend this Lease for three (3) additional two-year term on the same terms and conditions set out herein provided that there is no default or event which with notice or the passage of time could be a default under this Lease. The renewal terms set forth herein shall occur automatically unless either party, at least 60 days prior to the end of the then existing term, provides written notice to the other party of its intent not to renew the Lease. Lease Agreement Page 1 of /1005 Pleasant Street 90

91 c. Capital Improvements. In the event Tenant seeks and obtains approval from Landlord pursuant to Article VII of this Lease for capital improvements, additions, changes, alterations, renovations, or demolition to any part of the Leased Premises, Landlord and Tenant will negotiate in good faith a reasonable extension to the Term of the Lease. ARTICLE II Section 2.1 Rent. Tenant shall pay rent of $1.00 per year. The rent shall be paid on or before December 1, 2018, December 1, 2019 and December 1 of any extension of this Lease. The payment shall be made to the City Clerk/Treasurer, 100 State Street, Beloit, Wisconsin ARTICLE III Section 3.1 Taxes. Tenant shall pay for any real estate taxes that may be imposed upon the Leased Premises for any taxable use of the property during the term of this Lease. Tenant shall pay for any personal property taxes relating to its personal property and equipment. Section 3.2 Utilities. Tenant shall pay, as they become due and payable and before they become delinquent, all charges for electricity, heat, air conditioning, water, gas, fuel, telephone, internet, sewage usage or rental, garbage disposal, refuse removal and any other utility service furnished to the Leased Premises (the Utilities ) during the Term. In no event shall the Landlord be liable for any interruption or failure in the supply of any of the Utilities, regardless of the cause. ARTICLE IV Section 4.1 Condition of the Leased Premises. Tenant acknowledges receipt and delivery of possession of the Leased Premises and that Tenant has examined and otherwise has knowledge of the condition of the Leased Premises prior to the execution and delivery of this Lease and has found the same to be in good order and repair and to Tenant s knowledge is satisfactory for its purposes hereunder. Regardless, however, of any examination or inspection by Tenant, and whether or not any patent or latent defect or condition was revealed or discovered thereby, Tenant is leasing the Leased Premises as is in its present condition. Tenant waives any claim or action against Landlord with respect to the condition of the Leased Premises including any defects or adverse conditions not discovered or otherwise known by Tenant as of the date hereof. Section 4.2 Use. Tenant intends to use the Leased Premises for an office building and at all times keep the Leased Premises and all operations conducted therein in compliance with all applicable laws and regulations. Such use may not be changed without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste on the Leased Premises or cause or permit any nuisance to exist thereon or with respect hereto. Tenant shall neither suffer nor permit the Leased Premises to be used in such a manner as to make possible a claim of adverse use or possession, or an implied dedication of the Leased Premises. Landlord represents and warrants that (i) the Leased Premises is not in violation of any laws, ordinances, or regulations; and (ii) Landlord has received all authority required to enter into this Lease. 91 Lease Agreement Page 2 of /1005 Pleasant Street

92 ARTICLE V Section 5.1 Maintenance and Repairs by Landlord. Landlord, at its sole cost and expense, shall perform during the Term of this Lease or any extensions thereof, all necessary maintenance and repairs with respect to all of the following portions of the Premises in accordance with the standards set forth in Section a. The structure and the exterior of Landlord's building in which the interior portions of the Premises shall be located, including, without limitation, the roof and roof membranes, exterior walls, foundations, supports, roof vents, drains, and downspouts. b. Repairs (other than repairs caused by Tenant s or their invitees abuse or negligence) and replacement of the mechanical and utility systems situated on or serving the Leased Premises, including, without limitation heating, ventilating, air conditioning, lighting, electrical, plumbing, gas, water supply, sanitary sewers and septic systems, storm sewers and storm water drainage systems, sprinkler systems, and communications lines (sometimes collectively referred to herein as the "Mechanical and Utility Systems"). c. Snow removal, lawncare, and landscaping. Section 5.2 Timely Performance. In the event of an emergency (defined as any condition other than damage or destruction described in Section 9.2 which impairs Tenant's ability to use and occupy the Premises for the conduct of its business operations) and Landlord's failure to perform promptly any of Landlord's maintenance and repair obligations as described in Section 5.1, or in the event of no emergency and Landlord's failure to perform such maintenance and repair obligations within fifteen (15) days after Tenant's delivery to Landlord of notice of the need for any such maintenance or repairs, Tenant may cure such default by Landlord on behalf of, and at the sole cost and expense of, Landlord. Landlord shall reimburse Tenant for its costs and expenses in connection with any such cure within thirty (30) days after Tenant's delivery to Landlord of an invoice therefore, failing which Tenant may offset such costs and expenses against any Rent and other amounts payable by Tenant hereunder. Section 5.3 Maintenance and Repairs by Tenant. Tenant, at its sole cost and expense, during the Term of this Lease or any extensions thereof shall keep the Leased Premises in a clean and orderly condition and, shall perform: (1) any maintenance and repairs to the Premises occasioned by the negligence or misconduct of Tenant or its invitees and licensees; (2) all routine maintenance to the Mechanical and Utility Systems, including without limitation, any necessary changing of fan belts, light bulbs, washers, gaskets and the cleaning of and necessary adjustments to the furnace system; and (iii) all other maintenance and repairs not the express responsibility of Landlord hereunder, which Tenant reasonably deems necessary. If Tenant fails to perform its maintenance and repair obligations within fifteen (15) days after Landlord's delivery to Tenant of notice of the need for any such maintenance and repairs, then Landlord shall have the right, upon delivery of three (3) business days written notice to Tenant, to perform all or part of such maintenance and repairs, at the sole cost and expense of Tenant, and Tenant shall reimburse Landlord for such costs and expenses within thirty (30) days after Landlord's delivery to Tenant of an invoice therefore. The foregoing notwithstanding, Tenant shall not be obligated to perform any maintenance or repairs to the extent covered by any warranty of Landlord or Landlord's contractors. 92 Lease Agreement Page 3 of /1005 Pleasant Street

93 ARTICLE VI Section 6.1 Casualty Insurance. At all times during the term of this Lease, the Landlord, at its sole cost and expense, shall carry at least $1,000,000 of fire and extended insurance coverage upon the Premises. Tenant shall be entirely responsible for any contents insurance it desires and for any casualty insurance above and beyond the amount carried by the Landlord. Section 6.2 Public Liability Insurance. At all times during the Term of this Lease, the Tenant shall maintain in full force and effect a public liability insurance policy for the Leased Premises in amounts not less than $2,000,000 for bodily injury and $500,000 for property damage. Such insurance policy shall name the Landlord as an additional insured. Section 6.3 Certificates. All policies required hereunder shall be written by companies licensed to do business in the State of Wisconsin and acceptable to Landlord. The Tenant shall provide to the Landlord adequate evidence of the continued existence of applicable insurance coverage by certificate(s) of insurance which shall name the Landlord as an Additional Insured. Each such certificate shall contain an unqualified agreement by the insurer that such insurance coverage shall not be modified or canceled without delivery of at least thirty (30) days' written notice to the insured party. An initial certificate of insurance shall be provided by the Tenant to the City at or before November 1, 2018 and the first day of any renewal term thereafter. Section 6.4 Mutual Waiver of Subrogation. Nothing in this Lease shall be construed so as to authorize or permit any insurer of Landlord or Tenant to be subrogated to any right of Landlord or Tenant against the other party arising under this Lease. Landlord and Tenant each hereby release the other to the extent of any perils to be insured against under Section 6.1 of this Lease only, whether or not such insurance has actually been secured, and to the extent of insurance coverage for any loss or damage caused by any such casualty, even if such incidents shall be brought about by the fault or negligence of either party. All insurance policies to be provided under Section 6.1 by either Landlord or Tenant shall contain a provision that they are not invalidated by the foregoing waiver. Section 6.5 Tenant Indemnity. Tenant agrees to protect and hold Landlord harmless and indemnified against and from any penalty, damage or charge imposed for any violation of any laws or ordinances, whether occasioned by Tenant or those holding under Tenant. Tenant further agrees to protect, indemnify and hold Landlord harmless from and against (i) any and all claims, and against any and all loss, damage, expense, liabilities, demands and causes of action, and any reasonable expenses (including attorneys fees) incidental to the defense thereof by Landlord, arising out of any failure of Tenant in any respect to comply with and perform all of the requirements and provisions of this Lease and (ii) any and all loss, damage, expense, liabilities, demands and causes of action, and any reasonable expenses (including attorneys fees) incidental to the defense thereof by Landlord resulting from injury or death of persons or damage to any property, including without limitation the person and property of Tenant, its agents, employees and invitees, occurring on the Leased Premises or on the adjoining sidewalks, parking areas, streets, alleys or ways, or in any manner directly or indirectly growing out of or in connection with the use and occupancy of the Leased Premises. The indemnification obligations under this Lease shall survive the expiration or termination of this Lease. Section 6.6 Landlord Indemnity. Landlord agrees to protect and hold Tenant harmless and indemnified against and from any and all claims, and against any and all loss, damage, expense, liabilities, demands and causes of action, and any reasonable expenses (including attorneys fees) incidental to the defense thereof by Tenant, arising out of any failure of Landlord in any respect to comply with and perform all of the requirements and provisions of this Lease. The indemnification obligations under this Lease shall survive Lease Agreement Page 4 of /1005 Pleasant Street 93

94 the expiration or termination of this Lease. Section 6.7 No Extension of Statutory Immunity. Nothing in this Lease shall constitute an extension of any governmental defense or immunity under Wis. Stat (4) from Landlord to Tenant. ARTICLE VII Section 7.1 Additions, Changes, Alterations and Demolition. Tenant shall not construct or demolish improvements upon the Leased Premises, make additions to, or structural changes or alterations in and upon, any or all of such improvements, or install underground or aboveground storage tanks on the Leased Premises, without the prior written consent of Landlord. Any permitted work shall be performed in a good and workmanlike manner at the sole expense of Tenant. Tenant shall not permit, create, incur or impose or cause or suffer others to permit, create, incur or impose any lien or other obligation against the Leased Premises, Tenant s interest in the Leased Premises, or Landlord by reason of any work upon the Leased Premises, and Tenant agrees to hold Landlord harmless of and from any and all claims or demands by any contractor, subcontractor, materialman, laborer or any other third person against the Leased Premises, Tenant s interest in the Leased Premises, or Landlord relating to or arising because of any work thereon. In no event shall Tenant be considered the agent of Landlord in connection with any such work. Any improvements or additions upon the Leased Premises at the expiration of this Lease shall be deemed a part of the Leased Premises, and shall be surrendered to Landlord in good condition and repair, reasonable wear and tear excepted. The provisions of this paragraph shall not apply to such items as are ordinarily designated as trade fixtures, temporary partitions or similar installations which may, from time to time, be installed in the Leased Premises under the provisions of Section 8.1 hereof. ARTICLE VIII Section 8.1 Trade Fixtures. Tenant may during the Term install such fixtures, equipment and appliances as may be reasonably necessary for the conduct of its business upon the Leased Premises ( Trade Fixtures ). Tenant agrees that it will not create, incur or impose or suffer or cause others to create, incur or impose any lien or obligation against the Leased Premises, Tenant s interest in the Leased Premises, or Landlord by reason of the installation herein authorized. Tenant agrees to hold Landlord harmless of and from any and all claims and demands of third persons in any manner relating to or arising out of such installation. The Trade Fixtures may be affixed to the Leased Premises and Tenant may remove the same at will, and shall remove the same at the termination of this Lease if so requested by Landlord. All damages incurred to the Leased Premises as a result of any affixation or removal hereunder shall be promptly repaired by and at the sole cost and expense of Tenant. Any Trade Fixtures not removed as herein permitted or required shall, at the option of Landlord, be deemed abandoned by Tenant, to be disposed of by Landlord in accordance with this Lease. ARTICLE IX Section 9.1 Entry By Landlord. Landlord and its representatives shall have the right, at all reasonable times and with reasonable advance notice to Tenant, to enter upon the Leased Premises for the purposes of examining and inspecting the same, showing the Leased Premises to prospective tenants or purchasers, or making any repairs to the Leased Premises; said entry, however, shall not unreasonably interfere with the business of Tenant. This section shall not be construed as imposing any obligation upon Landlord to inspect the Leased Premises. Section 9.2 Damage or Destruction of Leased Premises. In the event the Leased Premises should be damaged or destroyed as a result of fire or other casualty in an amount of less than fifty percent (50%) of Lease Agreement Page 5 of /1005 Pleasant Street 94

95 its replacement value, Tenant shall promptly notify the Landlord of the event and commence to build or replace the same in as good condition as prior to such casualty and shall diligently pursue the same to completion. In the event the Leased Premises should be damaged or destroyed as a result of fire or other casualty in an amount of fifty percent (50%) or more of its replacement value or otherwise rendered unfit for occupancy, Landlord may, at Landlord s sole option, expressed to Tenant in writing within sixty (60) days of such occurrence, (i) commence to build or replace the same as aforesaid, or (ii) terminate this Lease, effective on the date of such casualty. In no event will Landlord be required to spend on any restoration of the Leased Premises any amount in excess of the insurance proceeds actually received by Landlord in regard to such damage or destruction. Landlord shall not be responsible for repairing or restoring any of Tenant s fixtures, equipment or other property, and Tenant shall repair or restore the same at its expense. ARTICLE X Section 10.1 Assignment and Subletting. Tenant shall not assign this Lease, whether voluntarily or by operation of law, or sublet or license the use of any portion of the Leased Premises to any organization other than a non-profit organization and not without the prior written consent of Landlord, which consent may not be unreasonably withheld. Any consent by Landlord to an assignment or subletting by Tenant shall not be deemed consent to any further assignment or subletting by Tenant, its subtenant or assignee. Any assignee of Tenant shall expressly assume Tenant s liabilities and obligations under this Lease. Tenant shall not mortgage or otherwise encumber its leasehold interest hereunder without the prior written consent of Landlord. Section 10.2 Rent/Consideration. Subject to the provisions of this section, rent or consideration paid to Tenant by an assignee or subtenant may be used to offset utility expenses paid by the Tenant. Utility expenses for the purposes of this paragraph shall include local phone, electric, water, sewer, and stormwater charges or fees. On an annual basis, Tenant shall report to the Landlord all rents and consideration paid to Tenant and all utility expenses paid by Tenant no later than November 30, 2019, November 30, 2020 or by November 30 for each renewal term this Lease remains in effect. If any rent or consideration received by Tenant exceeds the utility expenses paid by the Tenant, the excess rent or consideration shall be payable to the Landlord no later than December 31, 2019, December 31, 2020 or December 31 for each renewal term this Lease remains in effect. If Tenant is unable to provide satisfactory documentation of utility expenses paid by the Tenant, the Tenant shall be responsible for submitting the entire amount received in rent or consideration during the year to the City by December 31. Tenant agrees that it is not the intent of the Tenant to profit from any sublease of the Leased Premises and agrees the intent of this section is to pass-through any rent or consideration to the Landlord that exceeds the amount of utility expenses paid by the Tenant. ARTICLE XI Section 11.1 Eminent Domain. If all of the Leased Premises are taken by the exercise of the power of eminent domain, or sold under the threat of eminent domain, this Lease shall terminate as of the date possession is taken by the condemnor. The entire compensation award shall belong to Landlord and Tenant shall have no interest therein, provided, however, that Tenant shall have the right to any proceeds specifically awarded for the taking of any of Tenant s personal property or for Tenant s moving expenses. If less than all of the Leased Premises is taken by the exercise of the power of eminent domain, or sold under the threat of eminent domain, Landlord shall have the right to terminate this Lease if in the sole judgment of Landlord the premises remaining are such that their continued use for the purpose for which the same 95 Lease Agreement Page 6 of /1005 Pleasant Street

96 were being used immediately prior to such taking is reasonably impractical or economically imprudent. Termination shall be effective on the date possession is taken by the condemnor. The option to terminate herein granted shall be exercised in writing by Landlord within ten (10) days after the date of the taking of possession by the condemnor. The entire compensation award shall belong to Landlord, provided, however, that Tenant shall have the right to any proceeds specifically awarded for the taking of any of Tenant s personal property or for Tenant s moving expenses. If this Lease is not terminated, Landlord shall, with reasonable diligence, restore any improvements upon the Leased Premises affected by the taking (other than improvements constructed by Tenant at Tenant s expense), but shall not be obligated to spend for such restoration any amount in excess of the amount awarded or paid to it by the condemnor for such purpose. During the period of restoration and thereafter rental shall abate proportionately to the reduction in space of the Leased Premises taken by partial condemnation and while not replaced by restoration. ARTICLE XII Section 12.1 Defaults and Remedies. The occurrence of any one or more of the following shall constitute a default by Tenant: a. Failure by Tenant to pay the rent or to make any other payment required to be made by Tenant hereunder when due and such failure continues for ten (10) business days following written notice from Landlord; b. The making by Tenant of an assignment for the benefit of its creditors; c. The operation or supervision of the business conducted in the Leased Premises by a creditors committee, or by anyone other than Tenant; d. The levying of a writ of execution or attachment on or against the property of Tenant located on the Leased Premises; e. The doing or permitting to be done by Tenant of any act which results in the filing of a mechanic s lien or claim therefor against any part of the Leased Premises which is not promptly removed; f. If proceedings are instituted in a court of competent jurisdiction for an adjudication of Tenant as a bankrupt or insolvent, or for the appointment of a receiver of the property of Tenant, and said proceedings are not dismissed and any receiver, trustee or liquidator appointed therein discharged within thirty (30) days after the institution of said proceedings; and g. The failure of Tenant to perform any other of its covenants under this Lease which failure continues for thirty (30) days after written notice from Landlord; provided, however, that if the circumstances so warrant, said thirty (30) day period shall be extended for such additional time as may be reasonably required for Tenant to perform such other covenant or covenants, and provided, further, that Tenant promptly undertakes such performance and prosecutes the same to its conclusion with reasonable diligence. Section 12.2 In the event of any default by Tenant hereunder, Tenant hereby authorizes and empowers Landlord to: a. Cancel and terminate this Lease and immediately reenter and take possession of the Leased Lease Agreement Page 7 of /1005 Pleasant Street 96

97 Premises without the requirement of any previous notice of intention to reenter, and remove all persons and their property therefrom using such force and assistance in effecting and protecting such removal as Landlord may deem reasonably necessary to recover full and exclusive possession of the Leased Premises; or b. Reenter and take possession of the Leased Premises in the manner provided in subparagraph (1) above without such reentry constituting a cancellation or termination of this Lease or a forfeiture of any rental, Taxes or other monies to be paid hereunder or of the covenants, agreements and conditions to be kept and performed by Tenant for and during the remainder of the term hereof. Section 12.3 Nothing contained in this Article XII shall exclude any other right or remedy allowed by law to Landlord, nor shall the invalidity or unenforceability of any one right or remedy affect or impair the validity or enforceability of any other right or remedy. Section 12.4 Abandonment of Tenant s Property. If Tenant fails to remove any property belonging to it within ten (10) days after the termination of this Lease, the same shall be deemed abandoned by Tenant and shall, at Landlord s option, become the property of Landlord, or may be removed from the Leased Premises by Landlord at the expense of Tenant. Section 12.5 Enforcement Costs. In the event of any action between the parties seeking enforcement of any of the terms and conditions of this Lease, the prevailing party in such action will be awarded, in addition to any damages, or injuctive or other relief, its reasonable costs and expenses, including but not limited to, costs and reasonable attorneys fees. Section 12.6 Holding Over by Tenant. If Tenant holds over or remains in possession or occupancy of the Leased Premises after the expiration of this Lease without Landlord s written consent, Tenant shall timely pay all charges imposed upon Tenant hereunder, in each case prorated on a per diem basis for each day Tenant remains in possession of the Leased Premises after the expiration or earlier termination of this Lease, together with all damages sustained by Landlord on account of such holding over. Landlord shall have the right at any time after expiration of the Term or earlier termination of this Lease, reenter and possess the Leased Premises and remove all property and persons therefrom and shall have such other remedies for holdover as may be available to Landlord under the laws of the State of Wisconsin. In no event shall any holding over by Tenant create any tenancy other than on a month-to-month basis. Section 12.7 Surrender at Termination. At the termination of this Lease, Tenant shall quietly and peaceably surrender possession of the Leased Premises to Landlord, in good order, condition and repair and broom-clean and free of any and all liens and claims, including, but not limited to, claims by Tenant or any party holding under Tenant. No surrender to Landlord of this Lease or of the Leased Premises or any part thereof or of any interest therein, shall be valid or effective unless agreed to and accepted in writing by Landlord and no act by Landlord or any representative or agent of Landlord, other than such a written acceptance by Landlord, shall constitute an acceptance of any such surrender. Section 12.8 Payments to be Additional Rent. All payments to be made by Tenant hereunder, whether or not designated as Rent, shall be deemed Rent, so that in default of payment when due, Landlord shall be entitled to all of the remedies available at law or equity, or under this Lease, for the nonpayment of Rent. Section 12.9 Landlord s Right to Cure; Interest. In the event of a default by Tenant, Landlord, at its option, may perform any obligation of Tenant under this Lease. Tenant shall pay to Landlord the cost of performing such obligation within five (5) days of receipt of a statement therefor. Any amounts so owing, 97 Lease Agreement Page 8 of /1005 Pleasant Street

98 all rent and any other payments to be made hereunder by Tenant to Landlord shall bear interest to be paid by Tenant from and after the due date thereof to the date of payment at the rate of one percent (1.0%) per month. ARTICLE XIII Section 13.1 Notices. Any notice required or permitted under this Lease may be personally served or given and shall be deemed sufficiently given or served if sent by first-class mail to the respective addresses as follows: Landlord Tenant City of Beloit Attn: City Manager 100 State Street Beloit, WI Beloit 2020 Corporation Attn: President 1003 Pleasant Street Beloit, WI Either party may by like notice at any time, and from time to time, designate a different address to which notices shall be sent. ARTICLE XIV Section 14.1 No Waiver. No waiver of any default of Tenant hereunder shall be implied from any omission by Landlord to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers of any breach of any covenant, term or condition of this Lease by Landlord shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by Landlord to or of any act by Tenant requiring Landlord s consent or approval shall not be deemed to waive or render unnecessary Landlord s consent or approval to or for any subsequent similar act by Tenant. The term Tenant as used herein shall mean Tenant as stated above and all other permitted assignees and transferees of Tenant s interest in this Lease. Time is of the essence as to all provisions of this Lease. ARTICLE XV Section 15.1 Successors and Assigns. Except as otherwise herein provided, this Lease shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and assigns. Section 15.2 Headings. All title and headings to sections, subsections, paragraphs or other divisions of this Lease are only for the convenience of the parties and shall not be construed to have any effect or meaning with respect to the other contents of such sections, subsections, paragraphs or other divisions, such other contend being controlling as to the agreement among the parties hereto. 98 Lease Agreement Page 9 of /1005 Pleasant Street

99 Section 15.3 Counterparts. This Lease may be executed in any number of counterparts, each of which shall be a valid and binding original, but all of which together shall constitute one and same instrument. Section 15.4 No Partnership. This Lease does not create a joint venture or partnership relationship between the parties hereto. Section 15.5 Brokers. Landlord and Tenant represent and warrant to the other that there are no claims for brokerage commissions or finders fees in connection with the execution of this Lease, and each party agrees to indemnify the other against, and hold it harmless from, all liabilities arising from any such claim, including, without limitation, reasonable attorneys fees, made by any broker, agent or finder with whom the indemnifying party has dealt. Section 15.6 Severability. If any term or provision of this Lease or any application thereof shall be held invalid or unenforceable, the remainder of this Lease and any other application of such term or provision shall not be affected thereby. Section 15.7 No Waiver of Defenses or Immunities. Nothing in this Lease shall constitute a waiver or amendment of any defense or immunity, which the City of Beloit and its officers, agents, or employees may have under Wis. Stat (4), or related statutes. Section 15.8 Governing Law. This Lease (and any Agreement formed pursuant to the terms hereof) shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Wisconsin (without regard of principles or conflicts of law) and any applicable laws of the United States of America. Section 15.9 Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the full Rent due or the full amount of any other payments to be made by the Tenant hereunder shall be deemed to be other than on account of the earliest stipulated unpaid installment thereof, nor shall any endorsement or statement on any check or letter accompanying any check or payment be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord s right to recover an amount due hereunder or pursue any other remedy provided in this Lease. Section Entire Agreement; Amendments. This Lease contains the entire agreement between the Parties, and no promise, representation, warranty, covenant, agreement or understanding not specifically set forth in this Lease shall be binding upon, or inure to the benefit of, either party. This Lease may not be amended, altered, modified or supplemented in any manner except by an instrument in writing duly executed by the Parties. Section Authority. If Landlord or Tenant shall be a corporation, trust or general or limited partnership, each individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of such entity. Section Signs. Tenant shall have sign rights for the Leased Premises, exterior and interior, and shall have the right to erect and display signs on the Leased Premises and on such other areas of the Premises as Tenant reasonably may request, subject to the Landlord s prior written consent, not to be unreasonably withheld and compliance with applicable laws, ordinances and requirements of governmental authorities with competent jurisdiction. Section Construction. The parties acknowledge that the parties and their counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any 99 Lease Agreement Page 10 of /1005 Pleasant Street

100 ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits or amendments hereto. Section Calculation of Time Periods. Unless otherwise specified, in computing any period of time described herein, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is a Saturday, Sunday or legal holiday for national banks in the location where the Leased Premises is located, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday. The last day of any period of time described herein shall be deemed to end at 5:00 p.m. Central time. Section Warranties and Representations. a. Compliance with Laws: (1) Landlord covenants for the benefit of Tenant that the Leased Premises as well as Landlord's maintenance and repairs under Section 5.1 shall be done in a good and workmanlike manner and substantially comply with all laws, ordinances and requirements, including without limitation the procuring of all building and other permits, licenses, approvals and certificates of occupancy and the observance of applicable building, zoning and other code requirements, of governmental authorities with competent jurisdiction, and notwithstanding any other provision of this Lease to the contrary, if any improvements, alterations or renovations to the Premises shall be required by any law, ordinance or requirement of any governmental authority with competent jurisdiction, then Landlord, at its sole cost and expense, shall perform such improvements, alterations or renovations in a timely manner ( unless caused by Tenant s use of the premise); provided, however, no alleged violation by Landlord of any such law, ordinance or requirement shall be deemed to constitute a Landlord default, so long as Landlord shall contest, in good faith, the validity of such law, ordinance or requirement or the existence of the alleged violation thereof. (2) Tenant covenants for the benefit of Landlord that Tenant's maintenance and repairs and its use and occupancy of the Premises for the conduct of its business operations shall comply with all applicable laws, ordinances and requirements of governmental authorities with competent jurisdiction; provided, however, that: (I) no alleged violation by Tenant of any such law, ordinance or requirement shall be deemed to constitute a Tenant Default so long as Tenant shall contest, in good faith, the validity of such law, ordinance or requirement or the existence of the alleged violation thereof; and (ii) Tenant shall not be obligated to incur costs or expenses for improvements, alterations or renovations to the Premises required at any time or from time to time by any applicable law, ordinance or requirement of a governmental authority with competent jurisdiction, unless such improvements, alterations, or renovations specifically relate to Tenant's work or use. b. Warranty of Title: Landlord covenants for the benefit of Tenant that: (1) Landlord has fee simple title to the Premises and has full authority to perform this Lease; and (2) No third party has any right, title or interest adverse to Tenant's right, title and interest hereunder in or to the Premises and no mortgage or deed of trust or other lien or restriction encumbers the Premises. 100 Lease Agreement Page 11 of /1005 Pleasant Street

101 IN WITNESS WHEREOF, the Parties have caused this Lease to be duly executed by each of their respective authorized representatives as of the day and year first above written. Date: LANDLORD: CITY OF BELOIT Date: TENANT: BELOIT 2020 CORPORATION By: Lori S. Curtis Luther, City Manager By: Timothy M. McKevett, President ATTEST: By: Lorena Rae Stottler, City Clerk-Treasurer APPROVED AS TO FORM: By: Elizabeth A. Krueger, City Attorney 101 Lease Agreement Page 12 of /1005 Pleasant Street

102 EXHIBIT A 102 Lease Agreement Page A /1005 Pleasant Street

103 CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL Topic: Proposed Resolution Considering the Applications for Alcohol Beverage Operator s (Bartender s) Licenses [ cycle October 29 - November 12, Date: November 19, 2018 Presenter: Jelene Ahrens Department: City Clerk-Treasurer Overview/Background Information Applicants for an Alcohol Beverage Operator s (Bartender s) License must apply (or renew) on a biennial 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. State law requires the City Council to act on all licenses prior to issuance. The attached resolution includes all applicants received October 29 - November 12, Key Issues 1. The applicants being recommended for approval or denial have completed the following steps: a. Submitted a complete application and proof of responsible beverage server training, shown ID, paid applicable fees and submitted to a background investigation. b. Upon completion of the background investigation, the Police Department provides a recommendation for approval or denial to the Clerk-Treasurer. c. Applications recommended for denial are sent a letter stating the reasons for the recommendation of denial and the opportunity to appeal to the City Council. Applications recommended for approval and those that do not appeal are placed on the master list and submitted to City Council every two weeks for consideration. d. Upon Council action, City Clerk-Treasurer provides the necessary follow-up by issuing the license or sending a letter to the applicant stating the reason(s) for denial. 2. Section (1), Wis. Stats., requires the governing body to approved qualified applicants prior to issuance of the license. 3. This list includes 14 applicants taken between October 29 - November 12, a. Recommended for Approval - All applicants are recommended for approval. b. Recommended for Denial - None 4. 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 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. 103 Fiscal Note/Budget Impact

104 Each applicants pays $50 for a 2-year license and $35 for a 1-year license. Attachments Resolution, List of applicants. Revised

105 RESOLUTION RESOLUTION APPROVING APPLICANTS FOR AN ALCOHOL BEVERAGE OPERATOR S (BARTENDER S) LICENSE OCTOBER 29 NOVEMBER 12, 2018 WHEREAS, the applicants listed in the attached document, which is incorporated herein by reference, have applied for operator's licenses; and WHEREAS, all of the applicants listed in the attached document are recommended by the Police Department and the City Clerk-Treasurer s Office for approval. NOW, THEREFORE, BE IT RESOLVED THAT the applicants 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 19th day of November, CITY COUNCIL FOR THE CITY OF BELOIT Kevin D. Leavy, Council President ATTEST: Jelene J. Ahrens, Deputy City Clerk 105

106 Applicants Recommended for Approval October 29, 2018 through November 12, 2018 Benedict, Stacey L. CVS #5600 Betz, George W. II Grand Ave. Pub Bowles-Moorman, Chloe M. Road Dawg Pub Boyd, Ebony N. Shopiere Gas Mart(Beloit Mobil) Carlson, Kelly I. Speedway #4293 Flores, Oscar N. Merril & Houston's Gustafson, Aaron R. Walgreen's #06096 Martinez, Yesenia Madison Road Mart McNeil, Tristan Bitters Pub Montero, Amanda A. N/A Mulvihill, Rebekkah E. The Rock Bar & Grill Sturdevant, Brandi M. N/A Tucker, Melissa J. Rooney's Pub & Grill Wellington, Nicole M. N/A Year to Date: 713 Applicants Recommended for Denial Through November 12, 2018 N/A 106

107 November 19, 2018 APPOINTMENT REVIEW COMMITTEE REPORT TO CITY COUNCIL APPOINTMENT RECOMMENDATION 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 member to the vacancy and term indicated below, said appointment being pursuant to nomination made and approved by the Appointment Review Committee at the Regular meeting held November 12, Kevin D. Leavy, President, Beloit City Council Appointments Landmarks Commission John F. Winkelmann III, 636 Church St. (replacing Ruth Vater) to a term ending October 31, 2021 PLEASE ANNOUNCE THE FOLLOWING VACANCIES Alcohol Beverage License Control Committee (1 vacancy for Tavern League Rep., 1 vacancy for citizen member) Appointment Review Committee (3 vacancies for citizen members) Board of Appeals (1 vacancy for 1 st Alternate and 1 vacancy for 2 nd Alternate) Board of Ethics (2 vacancies for citizen members) Board of Review (3 vacancies for citizen members [regular] and 2 vacancies for alternates) Business Improvement District (1 vacancy for Owner Occupant, 1 vacancy for Non-Owner Occupant, 1 vacancy for Property Owner, 1 vacancy for Beloit College Representative) Community Development Authority (1 vacancy for public housing member) Municipal Golf Committee (1 vacancy for youth representative, 1 vacancy for citizen member) Park, Recreation & Conservation Advisory Commission (1 vacancy for youth) 107

108 City of Beloit Winter Maintenance 11/14/

109 HOW STAFF PREPARES FOR SNOW EVENTS Training Chemicals and Equipment Weather Forecasting Briefings & Debriefing Citizen Engagement 11/14/

110 SNOW EMERGENCIES HOW CITIZENS CAN HELP 2 inches or more of snow: City of Beloit declares a snow emergency typically when this much is forecasted. All vehicles to be moved off of the streets. Vehicles on the street during a snow emergency may be ticketed and/or towed. Parking map of designated off-street parking --City website. Notifications: The City will share information about snow emergencies with local news channels, cable access television, the city s website, and social media. New this year: sign up now to receive snow emergency notification via . Sidewalks: Snow and ice needs to be removed from sidewalks within 48 hours following the end of any snow or sleet storm. Snow shoveling: Please do not shovel snow into the streets 11/14/

111 PUBLIC ASSETS MAINTAINED Streets: 86 miles mains & 103 miles residentials Parking Lots: 32 municipal lots Alleys: 10 miles Sidewalks: 25 miles Other: Cul-de-sacs, Boulevards 11/14/

112 PLOWING IS THE BEST METHOD OF REMOVING SNOW IT TAKES FOUR TIMES MORE SALT TO REMOVE ICE THAN TO PREVENT IT 11/14/

113 PRETREATMENT SNOW & ICE Pretreat On mains to act like a teflon to enhance plowing operations How do we do it? Salt Calcium Chloride Geomelt Liquid Brine Blends -80/10/10 Where Prioritize Bridges Hills Major Arterials 11/14/

114 WINTER OPERATIONS EQUIPMENT/STAFFING Equipment: Mains/Residential: 20 Dump trucks, 3 end loaders Parks/Parking Lots/Sidewalks: 5 (1) Ton trucks, 12 Pick up trucks, Skid loader, MB, Snow blowers and shovels. Staffing: Mains/Residential: 40 staff Parks/Parking Lots/Sidewalks: 12 staff Support Staff: 10 staff 11/14/

115 DOWNTOWN SNOW Snow Removal takes: 12 staff 8 plow trucks 3 loader 1 snow blower 8-16 Hours (Dependent on snow & this would be during normal working hours) 400 Broad and 300 State snow hauling will been done prior to traffic at 3:00-4:00 a.m. Parking Lots: City Hall Broad Street Mill Street Third Street (Iron Works) 11/14/

116 DOWNTOWN SNOW HAULING After mains & residential plowing is done Snow hauling Prep Equipment 4 hours Haul downtown snow 8-12 hours Reinstall equipment to truck and let bed of truck dry 12 hours Reload truck with salt Plow 11/14/

117 Sign up for the Snow Emergency notification on the City s Home page. THANK YOU AND HAVE A SAFE WINTER! QUESTIONS: /14/