AMENDED AGENDA City Hall Forum - 100 State Street 7:00 PM ... · Dwelling Unit Inspections, Inspection Fees, and Enforcement of Parking Violations (Luther) Second Reading Attachment

Beloit City CouncilMeeting Agenda - September 05, 2017

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AMENDEDAGENDA

BELOIT CITY COUNCILCity Hall Forum - 100 State Street

7:00 PMTuesday, September 05, 2017

1. CALL TO ORDER AND ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. SPECIAL ORDERS OF THE DAY/ANNOUNCEMENTS 3.a. Proclamation recognizing Tom McCawley (Dunkin)

Attachment

4. PUBLIC HEARINGS

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 fromthe General Order of Business and considered at this point on the agenda.

6.a. Approval of the Minutes of the Regular Meeting of August 21, 2017 (Stottler)Attachment

6.b. Resolution approving an Underground Electric Easement on a portion of Telfer Park located at2301 Skyline Drive (Frisbee) Plan Commission Recommendation for approval 7-0Attachment

6.c. Resolution awarding Public Works Contract C17-19, Bridge Sealing and Painting (Flesch)Attachment

6.d. Application for a Final Subdivision Plat of Eagles Ridge No. 3 for the properties located at 3650Eagles Ridge Drive and 1510 Townhall Road (Christensen) Refer to Plan CommissionAttachment

7. LICENSES7.a. Resolution considering approval of 2017-2019 Applicants for an Alcohol Beverage Operator's

(Bartender's) License August 11-25, 2017 (Stottler)Attachment

8. ORDINANCES 1

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8.a. Proposed Ordinance to Repeal Section 14.06(6), to Repeal and Recreate Sections 14.06(2),(3) and (4), to Amend Sections 14.02(9), 7.06(2)(c), (d), 7.065, and 25.04(4)(d) of the Code ofGeneral Ordinances of the City of Beloit Pertaining to Rental Registration Certificates, RentalDwelling Unit Inspections, Inspection Fees, and Enforcement of Parking Violations (Luther)Second ReadingAttachment

8.b. Proposed Ordinance amending the Zoning District Map to change the Zoning DistrictClassification from C-3 Community Commercial District to PUD, Planned Unit Development,for two portions of the property located at 2956 Milwaukee Road (Christensen) PlanCommission recommendation for approval 7 -0 Second ReadingAttachment

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 motionunless a council member requests to take up a nomination separately, in which event the nomination will be removedfrom the General Order of Business and considered at this point on the agenda.

10. COUNCILOR ACTIVITIES AND UPCOMING EVENTS

11. CITY MANAGER’S PRESENTATION

12. REPORTS FROM BOARDS AND CITY OFFICERS12.a. Resolution authorizing Schedule of Fees and Charges for certain Housing Inspections and

Solid Waste Services (Luther)Attachment

12.b. The City Council may adjourn into closed session pursuant to § 19.85(1)(g), Wis. Stats. for thepurposes of conferring with legal counsel for the governmental body who is rendering oral orwritten advice concerning strategy to be adopted by the body with respect to litigation in whichit is or is likely to become involved and pursuant to § 19.85(1)(e), Wis. Stats. for the purposesof deliberating or negotiating the purchasing of public properties, the investing of public funds,or conducting other specified public business, whenever competitive or bargaining reasonsrequire a closed session ; namely, to discuss the Town of Beloit’s incorporation petition and itsrequest for a possible boundary agreement (Luther/Krueger)

12.c. The council may reconvene in open session and possibly take action on the matter discussedin closed session.

13. ADJOURNMENT

** Please note that, upon reasonable notice, at least 24 hours in advance, efforts will be made to accommodate theneeds of disabled individuals through appropriate aids and services. For additional information to request this service,please contact the City Clerk's Office at 364-6680, 100 State Street, Beloit, WI 53511.

Lorena Rae Stottler

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City of Beloit Clerk-Treasurerwww.beloitwi.gov

City Council meetings occur on the first and third Mondays of the month. Meetings are televised on Charter Cable Accessdigital channel 992 and are live streamed via the Beloit Access Television (BATV) YouTube Channel. Council meetings arerebroadcast on Charter Cable Access digital channel 992 and are archived on the BATV YouTube Channel for viewing at yourleisure.

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City Council Agenda Item Report

Agenda Item No. 2017-272Submitted by: Jelene Ahrens Submitting Department: City Manager Meeting Date: September 5, 2017

SUBJECTProclamation recognizing Tom McCawley (Dunkin)

Recommendation:

ATTACHMENTS Attachment

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WHEREAS, Tom McCawley has served as Vice-President for Beloit Health System sinceFebruary, 2014, and as part of the Health System’s administrative team is responsible for humanresources, volunteers, education, marketing and community relations, environmental services, and bio-medical engineering and security; and

WHEREAS, he works tirelessly as the President of the Rotary Club of Beloit and drives socialchange by keeping focused on service projects that promote peace efforts, fight disease, provide cleanwater, save mothers and children, support education, and grow local economies; and

WHEREAS, Tom has been a strong source of leadership because of his generous and humblespirit, serving on the Building and Property Committee, Community Grant Review Panel, and the Board ofDirectors for United Way Blackhawk Region, also serving on the Beloit Snappers Board of Directors; and

WHEREAS, Tom leads by example; he’s mission driven, community-minded, dedicated andleverages his vast personal and professional networks to inspire collaboration, volunteerism, philanthropyand unity; and

WHEREAS, he was instrumental in organizing a vehicle charging station at Beloit MemorialHospital to support clean energy, one of the first businesses in Rock County offering this resource topatients, staff and the broader community; and

WHEREAS, he is an active church member at Our Lady of Assumption, serving on theStewardship Commission, assisting at Mass as a lector and helping with the distribution of Communion;and

WHEREAS, he advocates for health, education and the financial stability of all people in ourcommunity.

NOW, THEREFORE, BE IT PROCLAIMED that the Beloit City Council does recognize andcongratulate Tom McCawley for his generosity, professionalism and wholehearted commitment tobettering our Greater Beloit community by taking on local and world-wide projects, as well as myriadcauses that make Beloit a better and safer place to live.

Presented on the 5th

day of September, 2017 by the Beloit City Council.

________________________________Kevin D. Leavy, City Council President

ATTEST:

______________________________Lorena Rae Stottler, City Clerk

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Agenda Item No. 2017-270Submitted by: Lorena StottlerSubmitting Department: City Clerk-Treasurer Meeting Date: September 5, 2017

SUBJECTApproval of the Minutes of the Regular Meeting of August 21, 2017 (Stottler)

Recommendation:Approve MInutes


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Page 1 MINUTES August 21, 2017

PROCEEDINGS OF THE BELOIT CITY COUNCIL 100 State Street, Beloit WI 53511 City Hall Forum – 7:00 p.m. Monday, August 21, 2017 1) CALL TO ORDER AND ROLL CALL

Present: Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Kevin Leavy, Nancy Forbeck

Absent: Mark Preuschl 2) PLEDGE OF ALLEGIANCE 3) SPECIAL ORDERS OF THE DAY/ANNOUNCEMENTS

President Leavy honored Sheila De Forest for her service to the City of Beloit as this is her last official meeting. He thanked her for her commitment to the Citizens of Beloit. She has been a long-serving counselor who is determined and outspoken. If she had a cause, she stood up for it. She fought her battle even if she was alone in the battle because it represented what she believed in. He presented her with a plaque for her service from 2008-2017. He gave her a pin and a flag representing the City of Beloit. Sheila expressed her thanks and said that she loves that this council has always shown respect among each other even during civil discourse, and can still be friends. She is proud to be a ‘Beloiter’ and will represent Beloit wherever she goes. Serving the City of Beloit has been such a privilege. She leaves Beloit knowing the City is in good hands with our new City Manager Luther and gave thanks for the high quality, confident and caring staff here in Beloit.

3.a Vice President Dunkin presented a proclamation recognizing Welders Supply

Company to Mr. Charles Mueller and Mrs. Therese Mueller-McLain who were present to accept on behalf of WSC. Attachment File 7148

3.b Vice President Dunkin presented a proclamation celebrating the City of Beloit's

racial and ethnic diversity and the importance of the role of the Equal Opportunities Commission to Steve Howland. Mr. Howland was present to accept the proclamation on behalf of the EOC, and thanked the council for responding so quickly. He hopes by this time next year we will be celebrating the progress we’ve made in eliminating racism in our society. Attachment File 7148

4) PUBLIC HEARINGS 4.a Community Development Director Julie Christensen presented a resolution

authorizing a Planned Unit Development (PUD)-Master Land Use Plan amendment for the properties located at 2850 and 2900 Milwaukee Road to

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include two portions of 2956 Milwaukee Road. McBain Enterprises, Inc. has submitted an application to amend the Planned Unit Development (PUD) - Master Land Use Plan for the property located at 2850/2900 Milwaukee Road to include two portions of 2956 Milwaukee Road. A copy of the PUD - Master Land Use Plan Amendment is attached to this report. The applicant has proposed an amendment to the PUD, for the property

located at 2850/2900 Milwaukee Road, to include two sections of the property located at 2956 Milwaukee Road. These proposed changes are intended to improve parking and driveway connectivity, and clean-up parcel boundaries for future sale.

The original PUD for 2850/2900 Milwaukee Road was approved in 2013, which changed its zoning from C-3, Community Commercial District, to PUD, Planned Unit Development.

This proposal would require the partial rezoning of 2956 Milwaukee Road, from C-3 to PUD. A Zoning Map Amendment (ZMA) submitted by the applicant is being considered concurrently with the PUD application.

The C-3 district is intended to accommodate community-oriented retail sales and service uses. The PUD district is a special purpose zoning district that permits greater flexibility of land planning and site design.

Once the submitted PUD and ZMA are approved, the applicant will submit a 3-Lot CSM for the subject properties.

The Plan Commission reviewed this item on August 9, 2017 and voted unanimously (7-0) to recommend approval of the PUD, subject to the conditions recommended by Planning Staff.

President Leavy opened the public hearing. No one spoke. President Leavy closed the public hearing. Moved by Nancy Forbeck – Seconded by Regina Dunkin to adopt the resolution as presented. Motion carried 6 – 0. AYES: Kevin D. Leavy, Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Nancy Forbeck NOES: None Attachment File 8616

4.b Community Development Director Julie Christensen presented a proposed Ordinance amending the Zoning District Map to change the Zoning District Classification from C-3 Community Commercial District to PUD, Planned Unit Development, for two portions of the property located at 2956 Milwaukee Road for a first reading.

McBain Enterprises, Inc. has submitted an application for a Zoning Map Amendment to change the zoning district classification from C-3, Community Commercial District, to PUD, Planned Unit Development District, for two portions of the property located at 2956 Milwaukee Road. The applicant intends to rezone two portions of the subject property and

combine the rezoned portions to the property located at 2850/2900 Milwaukee Road, which is zoned PUD, Planned Unit Development District. These proposed changes are intended to improve parking and driveway connectivity, and clean-up parcel boundaries for future sale of lots.

The property located at 2956 Milwaukee Road is 4.22 acres. The two portions of the subject property that are to be rezoned total 0.20 acre.

The C-3 district is intended to accommodate community-oriented retail sales and service uses. The PUD district is a special purpose zoning district that permits greater flexibility of land planning and site design.

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The PUD – Master Land Use Plan Amendment application for 2850/2900 Milwaukee Road to include two portions of 2956 Milwaukee Road has not yet been approved and is also being considered by City Council. If the submitted PUD and ZMA are approved, the applicant will submit a CSM for these properties.

This application is being considered in accordance with the Zoning Map Amendment procedures contained in Section 2-300 of the Zoning Ordinance.

The Plan Commission reviewed this item on August 9, 2017 and voted unanimously (7-0) to recommend approval of this Zoning Map Amendment

President Leavy opened the public hearing. No one spoke. President Leavy closed the public hearing. Moved by Regina Dunkin – Seconded by Nancy Forbeck to lay this item over to the September 5, 2017 regular meeting. Motion carried 6 – 0. AYES: Kevin D. Leavy, Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Nancy Forbeck NOES: None Attachment File 8616

5) PUBLIC COMMENTS - None 6) CONSENT AGENDA

6.a The Minutes of the Regular Meetings of August 7 and the Special Meeting of August 14, 2017 were approved. Attachment

6.b A petition for Wisconsin Power and Light Company for an Underground Electric Easement over a portion of Telfer Park located at 2301 Skyline Drive was referred to Plan Commission. Attachment File 8765

6.c A Bridge Construction Agreement and related Easements to the Ironworks Industrial Bridge Project was referred to Plan Commission. Attachment File 8766 Moved by Sheila De Forest – Seconded by Sherry Blakeley to approve the consent agenda as presented. Motion carried 6 – 0. AYES: Kevin D. Leavy, Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Nancy Forbeck NOES: None

7) LICENSES 7.a Clerk-Treasurer, Lori Stottler presented a resolution considering approval of

2017-2019 Applicants for an Alcohol Beverage Operator's (Bartender's) License through August 11, 2017. § 125.17(1), Wis. Stats., requires the governing body to approve qualified applicants prior to issuance of the license. Applicants for an Alcohol Beverage Operator’s (Bartender’s) License must apply (or renew) on a bi-annual basis. This process requires an application, proof that a responsible beverage server training course was completed, payment of the applicable fee and submission to a background check of the Beloit Police Department. The City Council (as the governing body per state statute §125.17(1), Wis. Stats.) is required to approve all licenses prior to issuance. Immediate past practices are not compliant with state law. For this bi-annual application/renewal process, the application form was updated to conform to state law, apply best

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practices, and provide better information for the Police Department to conduct thorough background checks on each applicant. This resolution includes all applicants to date for the 2017-2019 renewal process up through August 11, 2017. Applicants who were denied are included at the conclusion of this list. Each denied applicant was provided a letter describing reasons for denial and information on their ability to appeal to the City Council. Council will see a list of applicants at each meeting hereafter. Moved by Clinton Anderson – Seconded by Nancy Forbeck to adopt the resolution as presented. Motion carried 6 – 0. AYES: Kevin D. Leavy, Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Nancy Forbeck NOES: None Attachment File 8747

7.b Clerk-Treasurer, Lori Stottler presented a resolution approving a new Class "B" Beer and "Class B" Liquor License for G5 Brewing Company, LLC, d/b/a G5 Brewing Company, located at 1895 Gateway Boulevard, Lee Gunderson, Agent. Lee Gunderson is making application to establish his business to be located at 1895 Gateway Blvd to be known as G5 Brewing Company and is applying for a Class “B” Beer and “Class B” Liquor License for the license period ending June 30, 2018. G5 Brewing Company, LLC, is seeking to build a craft brewery with a

restaurant in the City of Beloit and is requesting to establish a business with a Class “B” Beer and “Class B” Liquor License for the license period ending June 30, 2018.

A complete application with fees has been submitted to the Clerk’s office and was referred to the ABLCC for their August 8th meeting by the City Council on August 7th. The ABLCC reviewed this application and voted 5-0 to recommend approval of this license.

The ABLCC reviewed the application to assure conformity with existing rules, regulations and zoning ordinances of the city and state and will make a recommendation to the Council based on their review at their August 8th meeting. The Committee recommends approval on a vote of 5-0.

Mr. Gunderson has a construction timeline consistent and dependent on the approval of this license being approved. The business will obtain the brewery license from the State and will be governed by the DOR.

Moved by Regina Dunkin – Seconded by Sherry Blakeley to adopt the resolution as presented. Motion carried 6 – 0. AYES: Kevin D. Leavy, Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Nancy Forbeck NOES: None Attachment File 8747

7.c Clerk-Treasurer, Lori Stottler presented a resolution approving new Class "B" Beer and "Class B" Liquor License for Little Mexico of Beloit LLC, d/b/a Little Mexico, located at 2787 Milwaukee Road, Adrian Cortes, Agent. Adrian Cortes Pichardo is applying for a Class “B” Beer and “Class B” Liquor License for the license period ending June 30, 2018 at his restaurant located at 2787 Milwaukee Road. He has held a Class “B” Beer and “Class C” Wine license at this location since 2012. The applicant was exploring other locations to move his business in 2017 due to the current location undergoing many renovations,

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but the property owner and Mr. Cortes Pichardo have agreed to stay in this location and they’d like to consider ways that he can expand his services to their customers. This application is an effort to expand what they currently offer. Adrian Cortes Pichardo has submitted an application for a Class “B” Beer and

“Class B” Liquor License for the license period ending June 30, 2018 for the property located at 2787 Milwaukee Road, Beloit.

A complete application with fees has been submitted to the Clerk’s office and was referred to the ABLCC for their August 8th agenda by the City Council on August 7th. The ABLCC reviewed this application and voted 5-0 to recommend approval of this license.

The ABLCC reviewed the application to assure conformity with existing rules, regulations and zoning ordinances of the city and state and will make a recommendation to the Council based on their review at their August 8th meeting. The Committee recommends approval on a vote of 5-0.

Moved by Regina Dunkin – Seconded by Clinton Anderson to adopt the resolution as presented. Motion carried 6 – 0. AYES: Kevin D. Leavy, Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Nancy Forbeck NOES: None Attachment File 8747

8) ORDINANCES

8.a Interim Public Works Director, Dave Nord presented a proposed Ordinance to amend certain Sections of the Index of Special Locations, Section 13.02 of the Code of General Ordinances of the City of Beloit, relating to the removal of Traffic Signals and the Establishment of Stop Signs at the Intersection of Bluff Street and W. Grand Avenue in the City of Beloit for a second reading. Moved by Sheila De Forest – Seconded by Regina Dunkin to adopt the Ordinance as presented. Motion carried 6 – 0. AYES: Kevin D. Leavy, Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Nancy Forbeck NOES: None Attachment File 7914 Ordinance 3603

8.b City Manager, Lori S. Curtis Luther presented a proposed Ordinance to Repeal and Recreate Sections 14.06(2), (3) and (4), to Amend Sections 14.02(9), 7.06(2)(c), (d), 7.065, and 25.04(4)(d) of the Code of General Ordinances of the City of Beloit Pertaining to Rental Registration Certificates, Rental Dwelling Unit Inspections, Inspection Fees, and Enforcement of Parking Violations for a first reading.

In 1994, the City of Beloit instituted a rental dwelling permit and systematic inspection program for residential rental properties in response to serious neighborhood concerns about the condition of the housing stock in the City of Beloit. The program has been supported by the community for over 20 years and addresses public health and safety issues that are unique to Beloit. The City currently has 14,803 dwelling units, and of these, 6,611 (45%) are rental. Over 40% of these rental units or roughly 2,700 units are single family homes. In 2016, the Wisconsin Legislature limited municipal authority to regulate residential rental properties. The law imposed limitations on the type of information the City can request as part of the permit program, but still allowed municipalities the ability to register and inspect residential rental properties. Shortly after the law was

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enacted, local landlords filed suit against the City alleging that the City’s residential rental program violated state law. The circuit court ruling provided clarification regarding the new law and direction for the parties moving forward.

Although the city’s residential rental registration program required some changes, the systematic inspection program remained intact. The proposed ordinance provides the required changes to the residential rental program in order to comply with the circuit court decision as well as offers new options and services that allow the City to address the public health and safety issues that the residents of Beloit have come to expect. 1. The proposed ordinance makes several changes to specific sections of 14.06

and 14.02 of the Municipal Code which regulate certain provisions of the residential rental registration program. As proposed, this section removes conditions that were formerly placed upon residential rental properties that no longer comply with state law; including, as part of the registration process, no longer requiring property owners to comply with Municipal Code violations, no longer requiring property owners to pay for delinquent bills or charges that are owed against the property, or to have the properties inspected prior to issuance of the registration. The proposed ordinance also removes the annual registration fee and provides that the City may only suspend a rental registration certificate if the application contains false or incorrect information. Finally, the proposed ordinance will allow delinquent and unpaid fees, as outlined below, to be placed on the tax roll along with an administrative charge comparable to other delinquent and unpaid fees owed to the City.

2. The proposed ordinance includes a modification to the existing inspection program. The new inspection program includes five specific program components outlined below: a. Systematic Inspection Program – the existing interior program is

expanded to include the exterior of the properties. A new interior/exterior checklist will be created that differentiates between major and minor violations. All rental units inspected under this program will be charged the following fees at the time of inspection:

SYSTEMATIC INSPECTION PROGRAM Description Fee Comments

Initial Inspection $120/each First Reinspection $150/each Fee is waived if no major or three or fewer

minor violations are found Second or Subsequent Reinspection

$200/each Fee is waived if no major or three or fewer minor violations are found

*Boarding/Rooming House - Inspection Fees are as stated above for each inspection, plus a per room charge of $20 per unit as opposed to the full inspection fee for each room.

b. Voluntary Inspection Program (VIP) – This is a new interior/exterior inspection service which is available to all residential properties in the City of Beloit. Interior/exterior inspections would be scheduled and completed upon request. For residential rental properties, the property owners can request an interior/exterior inspection prior to the rental property’s systematic inspection. Successful completion of the program with full compliance allows the property owner to receive up to a two-year extension of the property’s next systematic inspection. In other words, the successful completion of the VIP program allows the property owner

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up to 5 years between required inspections. Fees for VIP inspections must be pre-paid and are proposed as follows:

VOLUNTARY INSPECTION PROGRAM (VIP) Description Fee Comments

Initial Inspection $100/each First Reinspection $100/each Fee is waived if no major or three or fewer

minor violations are found Second or Subsequent Reinspection



c. Complaint-Based Inspection Program – The City will continue its inspection program related to specific complaints that it receives about health and safety conditions. Complaints are received from a variety of sources, including concerned family members, tenants, utility companies, and government agencies, such as police and fire departments, and Rock County Child Protective Services. Upon such complaints, the City will work with the property owners or tenants to conduct any required inspections. Inspection fees will be charged at the time of inspection. The fees are proposed as follows:

COMPLAINT-BASED INSPECTION PROGRAM

Description Fee Comments

Initial Inspection $120/each Fee is waived if no major or three or fewer minor violations are found

First Reinspection $150/each Fee is waived if no major or three or fewer minor violations are found

Second or Subsequent Reinspection



d. Expanded Parking Enforcement Authority – The Police Department recommends expanding enforcement authority for Code Enforcement staff to include enforcement authority for state and local parking violations. This will provide a greater level of service to neighborhoods for issues related to complaints of illegal parking.

e. Formal Expansion of Enforcement Authority for Right-of-Way Inspections – Code enforcement staff have provided enforcement support to the Solid Waste/Recycling team for a number of years. Prior general operating budgets have not reflected the monetary support for general fund staff providing a service to the Solid Waste/Recycling fund. Staff recommends increasing the solid waste fee to cover a portion of time spent on right-of-way enforcement, while continuing to support the Solid Waste/Recycling Program. The rate adopted in 2009 was $11.50/month; in 2010, $13.00/month; and in 2012, $14.00/month. The fee proposal is for $16.00/month which is comparable or less than existing solid waste providers in the region. Also, the Solid Waste team has asked for a fee for special pick-ups at the request of property owners. The proposed fee is $10.00 per cart.

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Sheila De Forest wished to go on the public record to express herself with these changes. The VIP is a good idea to provide for voluntary compliance and is a proactive way to invite city staff to look at properties for those owners wishing to participate. She said she is against systematic internal inspections and believes it's a violation of privacy as tenants are due privacy rights and it's unjust and undue for the city to decide to inspect the internal premise. She is for it when there is a justified cause for that or if clearly, some external damage that warrants internal safety concerns would make sense. But a routinely scheduled inspection is unfair. She believes that concerns become paternalistic when they are imposed on people as an infringement of people's rights. Homeowners would not allow for this and it's unfair to force ourselves on tenants.

Councilor Forbeck partially agrees with Councilor De Forest. However, in her role she has heard from people who wanted an inspection, and needed one, but they were retaliated against for wanting that. She leans toward this program due to the concerns she's learned about.

President Leavy asked about the VIP program. He said if he lives in a rental property, he couldn't see himself calling in an inspection need for fear that he would be put out of his home. He also doesn't understand the benefits of landlords signing up to participate in this voluntary program. City Manager Luther explained that reduced fees and a lengthier time for inspections from 3-5 years is the benefit. He thinks the complaint based inspection is a great thing. He also wanted to clearly note that there are plenty of good landlords in this City, but we also need to make sure that the homes of our renters are properly cared for and the homes are properly maintained. He's not opposed to reporting homeowners as well. He stated that fundamentally, a rental property is a business venture indicating a profit, and regulation is expected, versus a homeowner whose investment is private. Data supports major life-safety violations found in these inspections. As far as holding the property owners responsible, President Leavy believes that if he's the landlord and it's his business, then he assesses his tenants with violations on the property in order to stay on the property. The individual who owns the property is the logical place to assess fines with.

Councilor Blakeley says there is already an existing program for interior and this makes sense to include the exterior. The fees are moderate and she is in favor of the program, however, she feels that more educational aspects are necessary to move this in a progressive manner. Moved by Nancy Forbeck – Seconded by Sherry Blakeley to lay this item over to the September 5, 2017 regular meeting. Motion carried 6 – 0. AYES: Kevin D. Leavy, Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Nancy Forbeck NOES: None Attachment File 5130

9) APPOINTMENTS

9.a The undersigned Kevin D. Leavy, duly elected President of the Beloit City Council, subject to confirmation by the Beloit City Council, does hereby appoint the following citizen members to the vacancies and terms indicated below, said appointments being pursuant to nominations made and approved by the Appointment Review Committee at the Regular meeting held August 14, 2017. Alcohol Beverage License Control Committee

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Incumbent Dr. Dennis Baskin as Beloit School District’s Representative for the 2017-2018 school year Business Improvement District (Downtown Beloit Association) Board Guy Bucciferro, 45 State Street (replacing Renee Kellogg as Owner Occupant) for a term ending December 31, 2017 Equal Opportunities Commission Kevin D. Young, Jr., 220 St. Lawrence (replacing Jennifer Perreault) to a term ending June 30, 2019 Municipal Library Board Incumbent Shelly Cronin as Beloit School District’s Representative for the 2017-2018 school year. Park, Recreation and Conservation Advisory Commission Laurie Endres, 1721 Morgan Terrace (replacing Shelly Cronin) as Beloit School District’s Representative for the 2017-2018 school year. Moved by Sherry Blakeley – Seconded by Nancy V. Forbeck to approve the recommended appointments. Motion carried 6 – 0.

AYES: Kevin D. Leavy, Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Nancy V. Forbeck

NOES: None Attachment File 6261

10) COUNCILOR ACTIVITIES AND UPCOMING EVENTS

Councilor Anderson attended the Farmers Market. He also attended a vigil to condemn racism and hate in connection with the current events in Charlottesville, VA. He attended a peace walk on Sunday, sponsored by Switch Lanes. He went to the Welty Environmental Center today for the Solar Eclipse. Merrill Community Center open house is next Tuesday. He bid farewell to Sheila and said he will miss her as a colleague.

Councilor Blakeley wished Sheila Deforest farewell and said it was a privilege to work alongside such a dedicated community member. She is certain Sheila will make a difference wherever she goes. She attended a vigil in Horace White Park and the Peace Walk this past Sunday. She also attended the EOC meeting last week. She is happy to live in a diverse community where we speak up for peace and justice.

Councilor Forbeck said it has been an honor to work with Sheila De Forest. Some years ago she was on the Community Action Board with Sheila and noticed how very adept she was at looking at matters. She took her grandchildren to the Confluence today for the Solar Eclipse and attended a Snappers game. Her granddaughter participated in the Dirty Dash and had much fun. There were over 600 kids registered this year.

Vice President Dunkin attended the Appointment Review Committee and encouraged citizens to apply for vacancies on our committees and commissions. She attended the YMCA ribbon cutting last week and commented that the new facility looks amazing and compliments the downtown. Regina Dunkin days raised $3000 to transfer students to the new YMCA by bus. She thanked donors for joining her in the fundraiser. Special thanks to Steve Howland and Welders Supply for the great works they do in the City of Beloit.

Kevin Leavy attended to YMCA open house and said it may even get him to go it's so wonderful! He thanked Chief Liggett for his departments assistance in the Burlington WI area where flooding was present. We don't always see the places our City staff goes to assist in our greater community and neighbors in need. He

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also thanked the Police Department for being community focused and continually improving the professionalism within. He commended them for their diversity and the willingness to talk about tough things. He congratulated Switch lanes for their first event here in Beloit. He went to his elementary school this past week (Waterman) at New Zion Baptist. He bid final farewell to Sheila and stated she will truly be missed in the City of Beloit.

Councilor De Forest read a farewell statement. She has been visiting each of the 46 parks in Beloit as she prepares to move away. It occurred to her that so many before her have walked these paths and was reminded that Beloit College was founded by abolitionists, rich and poor, determined to have equal access to education. While wealthy benefactors have had a hand in the development of Beloit by providing important financial resources, the people of Beloit have always rallied together for the success of all residents. Without strong vibrant and healthy neighborhoods, and thriving people, only those who are well off or visitors from out of town have the luxury of visiting our beautiful spaces and reap the rewards of those investments. As a City Councilor, it is her responsibility to represent the people; all the people. And the safety and welfare of the residents is her highest charge and greatest priority. Corporate interest should never take precedence or hold higher rank than the ‘regular folk’ of Beloit. She's proud to be one of many, many residents who have played a small part in making Beloit a special place. She is proud of the capacity of the leadership here and assured us that no matter where she roams, Beloit will always be a place that she is proud to call home.

11) CITY MANAGER’S PRESENTATION

City Manager Luther publicly acknowledged Shelia De Forest and her contributions to the City of Beloit. She thanked Sheila for being part of the original council that brought her and her family to Beloit. It has shaped and altered the course of her career and their life and they are now ‘Beloiters’. She thanked Sheila for helping make that happen and said good luck to her in her travels.

12) REPORTS FROM BOARDS AND CITY OFFICERS - None 13) ADJOURNMENT

Moved by Sheila De Forest – Seconded by Nancy V. Forbeck to adjourn at 8:18 p.m. Motion carried 5 - 0 AYES: Clinton Anderson, Sherry Blakeley, Sheila De Forest, Regina Dunkin, Nancy V. Forbeck NOES: None

________________________________ Lorena Rae Stottler, City Clerk-Treasurer www.beloitwi.gov Date approved by City Council: September 5, 2017

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17


Agenda Item No. 2017-298Submitted by: Lorena StottlerSubmitting Department: Engineering Meeting Date: September 5, 2017

SUBJECTResolution approving an Underground Electric Easement on a portion of Telfer Park located at 2301 Skyline Drive (Frisbee) Plan Commission Recommendation for approval 7-0

Recommendation:


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RESOLUTIONAPPROVING AN UNDERGROUND ELECTRIC EASEMENT

ON A PORTION OF TELFER PARK LOCATED AT 2301 SKYLINE DRIVE

WHEREAS, the attached Underground Electric Easement will allow Wisconsin Powerand Light Company to construct underground electric cables on a portion of the City-owned parkland located at 2301 Skyline Drive; and

WHEREAS, the proposed easement area, described on Exhibits A and B, is located on aportion of Telfer Park located at 2301 Skyline Drive and measures 12 feet in width and 404.12feet in length (4,849.44 square feet) and 20 feet by 20 feet (400 square feet); and

WHEREAS, the attached Underground Electric Easement will not interfere with thecontinued use of the property as a City-owned public park, and has been recommended forapproval by the Park, Recreation & Conservation Advisory Commission and the PlanCommission.

NOW, THEREFORE, BE IT RESOLVED that the attached Underground ElectricEasement is hereby approved, subject to the following conditions:

1. This approval is limited to the 5,249.44 square-foot area identified and described onExhibits A and B.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to executethe attached Underground Electric Easement on behalf of the City of Beloit.

Adopted this 5th day of September, 2017.

BELOIT CITY COUNCIL

Kevin D. Leavy, Council President

ATTEST:

Lorena Rae Stottler, City Clerk

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REPORTS AND PRESENTATIONS TO CITY COUNCIL

Topic: Underground Electric Easement for Wisconsin Power and Light Company at 2301 Skyline Drive

Date: September 5, 2017

Presenter(s): Bill Frisbee Department: Engineering

Overview/Background Information:Wisconsin Power and Light Company has submitted the attached petition requesting an underground electric easementon a portion of Telfer Park located at 2301 Skyline Drive as shown on the attached exhibit B.

Key Issues (maximum of 5): The applicant is requesting a 12 foot wide underground electric easement over a portion of Telfer Park to

rely/reroute existing power feed cables. The purpose of this request is to update the cables and provided a more reliable looped feed to the ice rink and

the fire station to the south; these cables will also loop two other transformers to the north that feed the balldiamond facilities.

Originally, the applicant had requested to do the work without an easement as it is essentially a service line for apavilion and a back-up service feed to the fire station; however, the City Engineer determined it was best if theproposed line were in an easement as it is not just a service feed to one facility.

The granting of an easement over a City park requires consideration by the Park, Recreation & ConservationAdvisory Commission, Plan Commission, and City Council. The Park, Recreation & Conservation AdvisoryCommission recommended approval on June 14, 2017. The Plan Commission reviewed this item on August 23,2017 and voted unanimously (7-0) to recommend approval of the Underground Electric Easement.

Conformance to Strategic Plan (List key goals this action would support and briefly discuss its impact on theCity’s mission.):Consideration of this request supports strategic goal #5, which is to create and sustain high quality infrastructure andconnectivity. This proposed utility easement will help sustain city facilities and plan for future needs.

Sustainability: Reduce dependence upon fossil fuels N/A Reduce dependence on chemicals and other manufacturing substances that accumulate in nature N/A Reduce dependence on activities that harm life sustaining eco-systems N/A Meet the hierarchy of present and future human needs fairly and efficiently N/A

Action required/Recommendation:City Council consideration and action on the proposed Resolution.

Fiscal Note/Budget Impact:N/A

Attachments: Resolution and Staff Report to the Plan Commission

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REPORT TO THE BELOIT CITY PLAN COMMISSION

Meeting Date: August 23, 2017 Agenda Item: 5 File Number: RPB-2017-04

Applicant: Wisconsin Power and LightCompany

Owner: City of Beloit Location: 2301 Skyline Drive

Request Overview/Background Information:Wisconsin Power and Light Company has submitted the attached petition requesting an underground electric easementover a portion of Telfer Park located at 2301 Skyline Drive as shown on the attached exhibit B. A copy of the proposedUtility Easement Agreement is attached to this report.

Key Issues: The applicant is requesting a 12 foot wide underground electric easement over a portion of Telfer Park to

relay/reroute existing power feed cables. The purpose of this request is to update the cables and provided a more reliable looped feed to the ice rink and

the fire station to the south; these cables will also loop two other transformers to the north that feed the balldiamond facilities.

Originally, the applicant had requested to do the work without an easement as it is essentially a service line for apavilion and a back-up service feed to the fire station; however, the City Engineer determined it was best if theproposed line were in an easement as it is not just a service feed to one facility.

The Plan Commission must review and the City Council must approve the granting of easements over City-ownedproperties.

Consistency with Strategic Plan: Consideration of this request supports City of Beloit Strategic Goal #5, which is to create and sustain high quality

infrastructure and connectivity. This proposed utility easement will help sustain city facilities and plan for futureneeds.

Sustainability: (Briefly comment on the sustainable long term impact of this policy or program related to how it will impactboth the built and natural environment utilizing the four following eco-municipality guidelines)

Reduce dependence upon fossil fuels – N/A Reduce dependence on chemicals and other manufacturing substances that accumulate in nature – N/A Reduce dependence on activities that harm life sustaining eco-systems – N/A Meet the hierarchy of present and future human needs fairly and efficiently – N/A

Staff Recommendation:The Planning & Building Services Division recommends approval of the attached petition requesting an undergroundelectric easement over a portion of Telfer Park located at 2301 Skyline Drive as shown on the attached exhibit B.

Fiscal Note/Budget Impact: N/A

Attachments: Location & Zoning Map, Petition, Easement with Exhibits, and Easement Map.

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N 28


Agenda Item No. 2017-307Submitted by: Mike FleschSubmitting Department: Engineering Meeting Date: September 5, 2017

SUBJECTResolution awarding Public Works Contract C17-19, Bridge Sealing and Painting (Flesch)

Recommendation:Approve Resolution


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RESOLUTIONAWARDING PUBLIC WORKS CONTRACT C17-19

Bridge Sealing and Painting

WHEREAS, on August 24, 2017, two competitive bids were received, the low bid being fromWaumandee Creek Sealants, LLC; and

WHEREAS, Waumandee Creek Sealants, LLC is a qualified bidder.

THEREFORE, BE IT RESOLVED that Public Works Contract C17-19, Bridge Sealing and Painting, ishereby awarded to Waumandee Creek Sealants, LLC, Fountain City, WI, in the following amounts:

Waumandee Creek Sealants, LLCPO Box 156Fountain City, WI 54629

Base Bid $ 45,137.00Allowance for Change Orders and/or Extra Work $ 5,863.00TOTAL PROJECT COST $ 51,000.00

BE IT FURTHER RESOLVED that the amount of $51,000.00 is hereby funded as follows:

P2902187-5514-2017 Street Maintenance $ 51,000.00

TOTAL $ 51,000.00

Dated at Beloit, Wisconsin this 5th day of September, 2017.

City Council of the City of Beloit

Kevin D. Leavy, PresidentATTEST:


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Revised 01-10-08

CITY OF BELOITREPORTS AND PRESENTATIONS TO CITY COUNCIL

Topic: Award of Contract C17-19, Bridge Sealing and Painting


Presenter(s): Mike Flesch P.E., City Engineer Department(s): Public Works/ Engineering

Overview/Background Information:

This project will preserve five bridges through the application of protective coatings.

Key Issues (maximum of 5):

1. Two bids were received for this project. The low bid of $ 45,137.00 was from Waumandee Creek Sealants, LLC andis 20.0% less than the engineer’s estimate of $ 56,433.00.

2. Waumandee Creek Sealants, LLC is considered a responsible bidder for this project.3. The costs for this project are as follows: $ 45,137.00 for construction, $ 5,863.00 for Change Orders or extra work,

for a total of $ 51,000.00.4. The four bridges being sealed and are: Shirland Avenue Bridge, Grand Ave Bridge, Park Avenue Bridge and

Gateway Boulevard Bridge.5. The Portland Avenue Bridge will have the parapet walls painted.

Conformance to Strategic Plan (List key goals this action would support and briefly discuss its impact on the City’s mission.):Approval of this resolution would conform with Goal #5’s stated purpose of creating and sustaining high quality infrastructure andconnectivity by improving the appearance and extending the service life of city streets, while lowering street maintenance costs.

Sustainability (Briefly comment on the sustainable long term impact of this policy or program related to how it will impact boththe built and natural environment utilizing the four following eco-municipality guidelines.):

Reduce dependence upon fossil fuels

n/a

Reduce dependence on chemicals and other manufacturing substances that accumulate in nature

n/a

Reduce dependence on activities that harm life sustaining eco-systems

n/a

Meet the hierarchy of present and future human needs fairly and efficiently

The sealed bridges meet the present and future human needs through extended service life.

If any of the four criteria are not applicable to your specific policy or program, an N/A should be entered in that space.

Action required/Recommendation:

The Engineering Division recommends awarding this Public Works Contract to Waumandee Creek Sealants, LLC in theamount of $ 45,137.00.

Fiscal Note/Budget Impact:

Funding is available from the Street Maintenance budget.

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CITY OF BELOITDEPARTMENTAL CORRESPONDENCE

TO: Mike FleschFROM: Andy Hill, Project EngineerDATE: August 24, 2017SUBJECT: Bid Results for Contract C17-19

Bridge Sealing and Painting

Pursuant to advertisements placed August 9 and August 16, bids were received until 2:00 PMon August 24 for the Bridge Sealing and Painting. A tabulation of bids is attached.

Two bids were received for this project as follows:

1. Waumandee Creek Sealants, LLC Fountain City, WI $ 45,137.00*Low2. Norcon Corporation Weston, WI $ 56,278.00

Engineer's Estimate $ 56,433.00

Upon review of the Contractor’s Proof of Responsibility Statement, Waumandee CreekSealants, LLC is determined to be a responsible bidder.

I recommend that the contract be awarded to Waumandee Creek Sealants, LLC of FountainCity, WI. The following is a breakdown of the proposed project cost:

COSTSWaumandee Creek Sealants, LLC $ 45,137.00Allowance for Change Orders and/or Extra Work $ 5,863.00

TOTAL PROJECT COST $ 51,000.00

PROJECT INFORMATIONThis project will preserve five bridges through the application of protective coatings.

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Tabulation of BidsContract C17-19

Bridge Sealing and PaintingBids Opened August 24, 2:00 PM

Engineer's

Estimate

Waumandee

Creek Sealants,

LLC

Fountain City, WINorcon

CorporationWeston, WI

Item

No.Bid Item Description Unit Price Price Price

Site Preparation

1Shirland Avenue Bridge: Clean and Apply decksealer (estimate 140 gallons)

LumpSum $10,500.00 $12,660.00 $10,640.00

2Grand Avenue Bridge: Clean and Apply decksealer (estimate 122 gallons)

LumpSum $9,150.00 $10,418.00 $9,272.00

3Park Avenue Bridge: Clean and Apply decksealer (estimate 82 gallons)

LumpSum $6,150.00 $7,658.00 $6,232.00

4Porland Avenue Bridge: Prep and Paintaccessible surfaces of parapet walls (estimate570 SY)

LumpSum

$28,458.00 $11,400.00 $27,930.00

5Gateway Boulevard Bridge: Clean and Applydeck sealer (estimate 29 gallons)

LumpSum $2,175.00 $3,001.00 $2,204.00

Total Proposal $56,433.00 $45,137.00 $56,278.00

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Agenda Item No. 2017-312Submitted by: Drew Pennington Submitting Department: Community Development Meeting Date: September 5, 2017

SUBJECTApplication for a Final Subdivision Plat of Eagles Ridge No. 3 for the properties located at 3650 Eagles Ridge Driveand 1510 Townhall Road (Christensen) Refer to Plan Commission

Recommendation:


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FS-2017-02, Final Plat of Eagles Ridge No. 3, Council Referral


Topic: Final Subdivision Plat of Eagles Ridge No. 3 for the properties located at 3650 Eagles Ridge Drive and 1510Townhall Road – Council Referral to the Plan Commission


Presenter(s): Julie Christensen Department: Community Development

Overview/Background Information:New Leaf Homes LLC has submitted the attached Final Plat of Eagles Ridge No. 3, which includes the vacant 7.3-acreparcel located at 3650 Eagles Ridge Drive and the vacant 1-acre parcel located at 1510 Townhall Road to be used fortemporary stormwater detention.

Key Issues: The subdivision of land requires approval of a Preliminary Plat, followed by approval of a detailed Final Plat,

which must substantially conform to the layout of the Preliminary Plat. A recorded Final Plat actually creates thelots, and may include the entire Preliminary Plat area or phases. The Preliminary Plat of Eagles Ridge No. 3 wasapproved by the Plan Commission on August 9

th. The Final Plat includes all of the Preliminary Plat area.

As shown on the attached plat, the applicant has proposed the completion of Eagles Ridge Drive and the creationof 22 new single-family lots with an average lot area of 11,500 square feet. The subject property is already zonedR-1A, Single-Family Residential.

The proposed street has a right-of-way width of 66 feet with pavement width of 32 feet, and will include newutilities and curb & gutter. As shown on the plat, proposed Lots 55-60 will drain to a proposed temporarystormwater detention area at the end of Quail Run, while the other proposed lots will drain to an existingstormwater detention area in the first phase of this subdivision.

The City and developer will soon begin negotiating a Development Agreement regarding the proposedinfrastructure.

According to Section 12.04 of the Subdivision Ordinance, a Final Plat requires review by the Plan Commissionprior to City Council consideration.

Conformance to Strategic Plan: Consideration of this request supports City of Beloit Strategic Goals #3 and #5 by encouraging residential growth

with high quality infrastructure.

Sustainability (Briefly comment on the sustainable long term impact of this policy or program related to how itwill impact both the built and natural environment utilizing the four following eco-municipality guidelines.):

Reduce dependence upon fossil fuels – The proposed subdivision will include bike/ped infrastructure. Reduce dependence on chemicals and other manufacturing substances that accumulate in nature – N/A Reduce dependence on activities that harm life sustaining eco-systems – N/A Meet the hierarchy of present and future human needs fairly and efficiently – The proposed plat will fill a

void in the Eagles Ridge Subdivision by providing a more direct street and path connection to the subdivision’sentrance on Townhall Road, and will create 22 new single-family lots to serve growing demand in the area.

Action required/Recommendation: Referral to the Plan Commission for the September 6, 2017 meeting This item will most likely return to the City Council for possible action on September 18, 2017


Attachments: Proposed Final Plat, Application, & Plan Commission Resolution.

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FS-2017-02, Final Plat of Eagles Ridge No. 3, Council Referral 36




Agenda Item No. 2017-316Submitted by: Jelene Ahrens Submitting Department: City Clerk-Treasurer Meeting Date: September 5, 2017

SUBJECTResolution considering approval of 2017-2019 Applicants for an Alcohol Beverage Operator's (Bartender's) LicenseAugust 11-25, 2017 (Stottler)

Recommendation:approve


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RESOLUTION APPROVING 2017-2019 APPLICANTS FOR AN ALCOHOL BEVERAGE OPERATOR’S(BARTENDER’S) LICENSE AUGUST 11-25, 2017

WHEREAS, the applicants listed in the attached document, which is incorporated herein byreference, have applied for operator's licenses; and

WHEREAS, some of the applicants listed in the attached document are recommended by thePolice Department and the City Clerk-Treasurer’s Office for approval; and

NOW, THEREFORE, BE IT RESOLVED THAT the applicants who are recommended for approvalare hereby approved for the period ending June 30, 2019. The City Clerk-Treasurer’s Office is directedto issue the license to the applicant(s).

Adopted this 5th day of September, 2017.

CITY COUNCIL FOR THE CITY OF BELOIT

________________________________Kevin D. Leavy, Council President

ATTEST:

______________________________Lorena Rae Stottler, City Clerk-Treasurer

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CITY OF BELOITREPORTS AND PRESENTATIONS TO CITY COUNCIL

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


Presenter: Lori Stottler Department: City Clerk-Treasurer

Overview/Background Information:Applicants for an Alcohol Beverage Operator’s (Bartender’s) License must apply (or renew) on a bi-annual basis. This processrequires an application, proof that a responsible beverage server training course was completed, payment of the applicable fee andsubmission to a background check of the Beloit Police Department.

The City Council (as the governing body per state statute §125.17(1), Wis. Stats.) is required to approve all licenses prior to issuance.Immediate past practices are not compliant with state law. For this bi-annual application/renewal process, the application form wasupdated to conform to state law, apply best practices, and provide better information for the Police Department to conductthorough background checks on each applicant.

The attached resolution includes all applicants to date for the 2017-2019 renewal process up through August 25, 2017. Applicantswho were denied are included at the conclusion of this list. Each denied applicant was provided a letter describing reasons for denialand information on their ability to appeal to the City Council. Council will see a list of applicants at each meeting hereafter.

Key Issues:1. The process for obtaining an Operator’s (Bartender’s) License in the City of Beloit requires multiple steps:

a. Complete the application and proof of responsible beverage server training, show ID, pay applicable fees and backgroundinvestigation.

b. Upon completion of background investigation, the Police Department returns the application(s) to the Clerk-Treasurer withits recommendation for approval or denial.

c. Applications recommended for denial are sent a letter stating the reasons for the recommendation of denial and theopportunity to appeal to the governing body. Applications recommended for approval and those that do not appeal areplaced on the master list and submitted to Council every two weeks for consideration.

d. Upon Council approval, City Clerk-Treasurer issues the license.2. § 125.17(1), Wis. Stats., requires the governing body to approved qualified applicants prior to issuance of the license.3. This license cycle runs July 1, 2017 through June 30, 2019. A 2-year cycle can generally include more than 800 licenses during

that time [2015-2017 cycle included 815 Operators].4. This list includes 11 applicants taken between August 11, 2017 and August 25, 2017.5. Future lists will include applicants in the prior two-week period, and if necessary, a provisional license may be issued to the

applicant to complete the approval process. Should the applicant not be approved, their provisional license will expire and anew license will not be issued.

6. This process is consistent with state statute as well as guidance from the League of Wisconsin Municipalities guidance forMunicipal Licensing and Regulation of Alcohol Beverages.

Conformance to Strategic Plan (List key goals this action would support and briefly discuss its impact on the City’s mission.):

Approval of this project would conform with Goal #2’s stated purpose of creating and sustaining a high performing organization.

Sustainability (Briefly comment on the sustainable long term impact of this policy or program related to how it will impact both thebuilt and natural environment utilizing the four following eco-municipality guidelines.):

Reduce dependence upon fossil fuels N/A Reduce dependence on chemicals and other manufacturing substances that accumulate in nature N/A Reduce dependence on activities that harm life sustaining eco-systems N/A Meet the hierarchy of present and future human needs fairly and efficiently N/A

If any of the four criteria are not applicable to your specific policy or program, an N/A should be entered in that space

Action required/Recommendation:Approval of the Resolution

Fiscal Note/Budget Impact:Each applicant pays $50 for a 2-year license and $35 for a 1-year license.

Attachments:Proposed Resolution 41

NAME EMPLOYER NAME

Anastase, Jessica L. Merrill & Houston's

Bexell, Aaron L. Speedway #4293

Howard, Jill R. Tilley's Pizza House

Karst, Faith Patti's Road Dawg Pub

Peters, Savannah M. The Restaurant at "Muni"

Saunders, Brandi M.

Stone, Barbara M. Speedway #4293

Tabbert, Michael L. Ironworks Golf Lab

Thomas, Julianna J. Speedway #4293

Toles, Gabrielle C. Speedway #4087

Williams, Julio N.

APPLICATIONS RECOMMENDED FORAPPROVAL

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Agenda Item No. 2017-300Submitted by: Lorena StottlerSubmitting Department: Community Development Meeting Date: September 5, 2017

SUBJECTProposed Ordinance to Repeal Section 14.06(6), to Repeal and Recreate Sections 14.06(2), (3) and (4), to AmendSections 14.02(9), 7.06(2)(c), (d), 7.065, and 25.04(4)(d) of the Code of General Ordinances of the City of BeloitPertaining to Rental Registration Certificates, Rental Dwelling Unit Inspections, Inspection Fees, and Enforcement ofParking Violations (Luther) Second Reading

Recommendation:adopt as presented


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1

ORDINANCE NO. __________

AN ORDINANCE TO REPEAL SECTION 14.06(6), TO REPEAL AND RECREATE SECTIONS 14.06(2),(3) AND (4), TO AMEND SECTIONS 14.02(9), 7.06(2)(C), (D), 7.065, AND 25.04(4)(D) OF THE

CODE OF GENERAL ORDINANCES OF THE CITY OF BELOIT PERTAINING TO RENTALREGISTRATION CERTIFICATES, RENTAL DWELLING UNIT INSPECTIONS, INSPECTION FEES,

AND ENFORCEMENT OF PARKING VIOLATIONS

Section 1. Section 14.06(2) of the Code of General Ordinances of the City of Beloit is herebyrepealed and recreated to read as follows:

“(2) ANNUAL RENTAL REGISTRATION CERTIFICATE REQUIRED. No property ownershall lease any dwelling unit to another person unless, at the time the dwellingunit is let, the owner possesses a valid rental registration certificate issued bythe Community and Housing Services Division of the Department of CommunityDevelopment for operation of that dwelling unit. No rental registrationcertificate shall be issued if the owner of the dwelling unit has done any of thefollowing:

(a) Has failed to provide all information required by the application form orhas failed to sign the application form.

(b) Has provided false or incorrect information on the application form.

The issuance of an annual rental registration certificate does not warrant thatthe dwelling unit to which it is issued is free of ordinance violations or otherwisefit for human habitation.

In this section "dwelling unit" has the meaning prescribed by §7.21(2) of thisMunicipal Code. In this section a dwelling unit shall be deemed "leased" or"rented" if the person occupying the dwelling unit pays any consideration to theowner of the premises for the right to occupy the dwelling unit. "Consideration"includes, but is not limited to, money, services, property, payment of theowner's mortgage, program fees or anything of value. If the dwelling unit isoccupied by someone other than the owner, such occupancy shall give rise to arebuttable presumption that the occupant has paid a consideration to theowner.”

Section 2. Section 14.06(3) of the Code of General Ordinances of the City of Beloit is herebyrepealed and recreated as follows:

“(3) APPLICATION AND TERM.

(a) Application. An application for a rental registration certificate shall befiled with the Community and Housing Services Division of the 44

2

Department of Community Development on a form provided by theCommunity and Housing Services Division.

(b) Term. The rental registration certificate shall be issued for 12 monthsbeginning on March 1 of each year and ending on the last day ofFebruary of each subsequent year.”

Section 3. Section 14.06(4) of the Code of General Ordinances of the City of Beloit is herebyrepealed and recreated as follows:

“(4) SUSPENSION OF RENTAL REGISTRATION CERTIFICATE.

(a) Suspension of Certificate. If the City shall find, at any time, that theapplication contains false or incorrect information, the certificate maybe suspended by written notice to the property owner.

(b) Leasing of Dwelling Unit After Suspension of Rental RegistrationCertificate is Prohibited. No property owner shall lease a dwelling unitto another person after the rental registration certificate for thatdwelling unit is suspended. Any owner who lets a dwelling unit toanother person while the rental registration certificate is suspendedshall be subject to a forfeiture of not less than $500 nor more than$1,000 for a first offense, not less than $750 nor more than $1,000 for asecond offense and not less than $1,000 for a third or subsequentoffense. Each day that a violation continues to exist constitutes aseparate violation of this paragraph.”

Section 4. Section 14.02(9) of the Code of General Ordinances of the City of Beloit is herebyamended to read as follows:

“(9) DELINQUENT DEBTS OWED TO THE CITY.(a) Denial of Annual Rental Registration Certificate, License or Permit . No

annual rental registration certificate, license or permit or conditionaluse permit authorized or required by the Code of General Ordinances ofthe City of Beloit or by the Zoning Code of the City of Beloit shall begranted or issued:

1. To any person who owes any unpaid, delinquent personalproperty tax, real estate tax, room tax, special assessment,municipal court forfeiture, charges for false fire or burglaralarms or abandoned 9-1-1 calls, parking ticket, sewer or waterbill, ambulance bill, hazardous material spill response charge,inspection fee or Community Development Block Grant loanpayment to the City of Beloit.

2. For any premises for which real estate taxes, sewer or waterbills, room taxes or special assessments owed to the City aredelinquent and unpaid.

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3

3. For any premises containing personal property upon which apersonal property tax owed to the City was assessed and thepersonal property tax remains unpaid and delinquent.

Historic Note: Tavern League of Wisconsin v. City of Madison , 389 N.W.2d 54,131 Wis.2d 477 (App. 1986).

This paragraph (a) does not apply to annual dog licenses. In this subsection, an"annual rental registration certificate, license or permit" is a rental registrationcertificate, license or permit having a 12-month term or longer. An "annualrental registration certificate, license or permit" does not lose its status as suchmerely because it is issued after the beginning of the term or because thelicense or permit fee is prorated for the remainder of the term. "Person"includes a natural person, corporation, limited liability company, partnership,limited partnership, association, cooperative or any other entity makingapplication for a license in the name of that entity. In this subsection, aCommunity Development Block Grant loan payment is delinquent if it is not paidwithin 30 days of the due date specified in the loan agreement. No annual rentalregistration certificate, license or permit shall be denied if a payment becomesdelinquent after fully completed and properly executed application, togetherwith any required application fee, has been filed with the appropriate Cityofficial.”

(b) Bankruptcy. Paragraph (a) of this subsection does not apply to a person whosepersonal liability for payment of a delinquent tax or other charge has beendischarged by order of a U.S. Bankruptcy Court or other court of competentjurisdiction. Paragraph (a) does not apply to a bankrupt or a bankrupt's premisescovered by an automatic stay issued by a U.S. Bankruptcy Court or other courtof competent jurisdiction while the automatic stay is in effect.

(c) Notice of Denial; Appeal. If the grant or issuance of an annual rental registrationcertificate, license or permit or conditional use permit is denied for nonpaymentof delinquent taxes or charges, the person or department responsible for theissuance of the annual license or permit or conditional use permit, shall notifythe applicant in writing that the rental registration certificate, license, permit orconditional use permit will not be granted or issued because of the unpaiddelinquent taxes or charges. The notice shall be mailed to the applicant, by firstclass mail, at the address indicated by applicant in the application form. Thenotice shall advise the applicant that he/she may appeal the denial of the rentalregistration certificate, license, permit or conditional use permit to the CityCouncil by filing a written notice of appeal with the City Clerk within 10 days ofthe date of the notice. The City Council shall afford the applicant a hearing afterwhich the City Council shall grant or deny the rental registration certificate,license, permit or conditional use permit.

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4

Section 5. Section 7.06(2)(c) of the Code of General Ordinances of the City of Beloit is herebyamended to read as follows:

“(c) Inspection of Structures and Premises Containing One or More Rental Units. Structuresand premises containing one or more residential rental units shall be inspected asfollows:1. At least once every 3 years, under a systematic cyclical schedule devised by the

Director of Community and Housing Services; and/or2. When a resident of the City or a State or local governmental agency files a

written or verbal complaint; or3. When a building official determines the exterior condition of a structure or

premises violates this code.

Section 6. Section 7.06(2)(d) of the Code of General Ordinances of the City of Beloit is herebycreated to read as follows:

“(d) The inspection schedule outlined in 7.06(2)(c)1 may be extended by no more than two(2) years provided the property has received a certificate of inspection from agovernmental agency that complies with the inspection requirements of this MunicipalCode and is approved by the Director of Community and Housing Services.”

Section 7. Section 7.065 of the Code of General Ordinances of the City of Beloit is hereby repealedand recreated to read as follows:

“7.065 FEES.

(a) INSPECTION FEES. The City shall charge inspection fees as established by CityCouncil resolution.

(b) CHARGES AGAINST THE PROPERTY. Any fee charged under this section shall beentered as a special charge against the property and collected in the mannerprovided in §66.0627, Wis. Stats. If any fee, or any part thereof, remains unpaidafter November 1 of any year, the fee shall be placed on the annual tax roll forcollection as a special charge together with an administrative charge of $15. Allrules and regulations relating to the collection of real estate taxes shall apply tothe collection of fees under this section.”

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5

Section 8. Section 25.04(4)(d) of the Code of General Ordinances of the City of Beloit is herebyamended to include, in numerical order, the following additions and amendments to the list of cityemployees authorized to issue municipal citations for violation of city ordinances:

Chapter Title Enforcement Official

13 Traffic Code (offenses related

to non-moving parking

offenses)

Community Services Officer; Director of

Community and Housing Services;

Inspection Official; Compliance Specialist;

Housing Code Enforcement Inspector

assigned to conduct Fire Inspections

Section 9. Section 14.06(6) of the Code of General Ordinances of the City of Beloit is hereby

repealed.

Section 10. If any section, clause, provision or portion of this ordinance is judged unconstitutional

or invalid by a court of competent jurisdiction, the remainder of the ordinance shall remain in force and

not be affected by such judgment.

Section 11. All resolutions, ordinances, orders or parts thereof in conflict in whole or in part with

any of the provisions of this ordinance are, to the extent of such conflict, hereby repealed.

Section 12. This ordinance shall be in force and take effect upon passage and publication.

Adopted this ____ day of September, 2017.

CITY COUNCIL FOR THE CITY OF BELOIT

By:Kevin D. Leavy, President

ATTEST:

By:Lorena Rae Stottler, City Clerk

PUBLISHED:EFFECTIVE DATE:01-611100-5231-

tdh/ordinances/ Rental Registration Ordinance Changes 20170821 (16-1086)48

CITY OF BELOITREPORTS AND PRESENTATIONS TO CITY COUNCILTopic: Proposed Ordinance to repeal 14.06(6), to repeal and recreate sections 14.06(2), (3) and (4), to amend

sections 14.02(9), 7.06(2)(c), (d), 7.065, and 25.04(4)(d) of the Code of General Ordinances of the City ofBeloit pertaining to Rental Registration Certificates, Rental Dwelling Unit Inspections, Inspection Fees, andEnforcement of Parking Violations and Accompanying Fee Resolution


Presenter: Lori S. Curtis Luther Department: City Manager

Overview/Background Information:In 1994, the City of Beloit instituted a rental dwelling permit and systematic inspection program for residential rental properties inresponse to serious neighborhood concerns about the condition of the housing stock in the City of Beloit. The program has beensupported by the community for over 20 years and addresses public health and safety issues that are unique to Beloit. The Citycurrently has 14,803 dwelling units, and of these, 6,611 (45%) are rental. Over 40% of these rental units or roughly 2,700 units aresingle family homes.

In 2016, the Wisconsin Legislature limited municipal authority to regulate residential rental properties. The law imposed limitationson the type of information the City can request as part of the permit program, but still allowed municipalities the ability to registerand inspect residential rental properties.

Shortly after the law was enacted, local landlords filed suit against the City alleging that the City’s residential rental program violatedstate law. The circuit court ruling provided clarification regarding the new law and direction for the parties moving forward.Although the city’s residential rental registration program required some changes, the systematic inspection program remainedintact.

The proposed ordinance provides the required changes to the residential rental program in order to comply with the circuit courtdecision as well as offers new options and services that allow the City to address the public health and safety issues that theresidents of Beloit have come to expect.

The fee resolution that outlines all of the fees below is attached.


1. The proposed ordinance makes several changes to specific sections of 14.06 and 14.02 of the Municipal Code which regulatecertain provisions of the residential rental registration program. As proposed, this section removes conditions that wereformerly placed upon residential rental properties that no longer comply with state law; including, as part of the registrationprocess, no longer requiring property owners to comply with Municipal Code violations, no longer requiring property owners topay for delinquent bills or charges that are owed against the property, or to have the properties inspected prior to issuance ofthe registration. The proposed ordinance also removes the annual registration fee and provides that the City may only suspenda rental registration certificate if the application contains false or incorrect information. Finally, the proposed ordinance willallow delinquent and unpaid fees, as outlined below, to be placed on the tax roll along with an administrative chargecomparable to other delinquent and unpaid fees owed to the City.

2. The proposed ordinance includes a modification to the existing inspection program. The new inspection program includes fivespecific program components outlined below:

a. Systematic Inspection Program – the existing interior program is expanded to include the exterior of the properties. A newinterior/exterior checklist will be created that lists those exterior items to be inspected during systematic inspections. Allrental units inspected under this program will be charged the following fees at the time of inspection:

SYSTEMATIC INSPECTION PROGRAM


Initial Inspection $120/each


Second or Subsequent Reinspection $200/each Fee is waived if no major or three or fewer minor violations are found

*Boarding/Rooming House - Inspection Fees are as stated above for each inspection, plus a per room charge of $20 per unit asopposed to the full inspection fee for each room.

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b. Voluntary Inspection Program (VIP) – This is a new interior/exterior inspection service which is available to all residentialproperties in the City of Beloit. Interior/exterior inspections would be scheduled and completed upon request. Forresidential rental properties, the property owners can request an interior/exterior inspection prior to the rental property’ssystematic inspection. Successful completion of the program with full compliance allows the property owner to receive upto a two-year extension of the property’s next systematic inspection. In other words, the successful completion of the VIPprogram allows the property owner up to 5 years between required inspections. Fees for VIP inspections must be pre-paidand are proposed as follows:

VOLUNTARY INSPECTION PROGRAM (VIP)






c. Complaint-Based Inspection Program – The City will continue its inspection program related to specific complaints that itreceives about health and safety conditions. Complaints are received from a variety of sources, including concerned familymembers, tenants, utility companies, and government agencies, such as police and fire departments, and Rock County ChildProtective Services. Upon such complaints, the City will work with the property owners or tenants to conduct any requiredinspections. Inspection fees will be charged at the time of inspection. The fees are proposed as follows:







d. Expanded Parking Enforcement Authority – The Police Department recommends expanding enforcement authority for CodeEnforcement staff to include enforcement authority for state and local parking violations. This will provide a greater level ofservice to neighborhoods for issues related to complaints of illegal parking.

e. Formal Expansion of Enforcement Authority for Right-of-Way Inspections – Code enforcement staff have providedenforcement support to the Solid Waste/Recycling team for a number of years. Prior general operating budgets have notreflected the monetary support for general fund staff providing a service to the Solid Waste/Recycling fund. Staffrecommends increasing the solid waste fee to cover a portion of time spent on right-of-way enforcement, while continuingto support the Solid Waste/Recycling Program. The rate adopted in 2009 was $11.50/month; in 2010, $13.00/month; andin 2012, $14.00/month. The fee proposal is for $16.00/month which is comparable or less than existing solid wasteproviders in the region. Also, the Solid Waste team has asked for a fee for special pick-ups at the request of propertyowners. The proposed fee is $10.00 per cart.

Conformance to Strategic Plan (List key goals this action would support and briefly discuss its impact on the City’s mission.):Approval of this project would conform with Goal #1’s stated purpose of creating and sustaining safe and healthy neighborhoods.

Sustainability (Briefly comment on the sustainable long term impact of this policy or program related to how it will impact both the built and

natural environment utilizing the four following eco-municipality guidelines.): Reduce dependence upon fossil fuels N/A Reduce dependence on chemicals and other manufacturing substances that accumulate in nature N/A Reduce dependence on activities that harm life sustaining eco-systems N/A Meet the hierarchy of present and future human needs fairly and efficiently - The proposed changes will allow the City to ensure that

housing is maintained in a decent, safe, and sanitary condition.If any of the four criteria are not applicable to your specific policy or program, an N/A should be entered in that space

Action required/Recommendation:Second reading of the proposed Ordinance. Approval of the Fee Resolution.

Fiscal Note/Budget Impact:Fees assessed will be used to offset the costs of the program to the extent possible.

Attachments:Proposed ordinance and fee resolution

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Agenda Item No. 2017-297Submitted by: Lorena StottlerSubmitting Department: Community Development Meeting Date: September 5, 2017

SUBJECTProposed Ordinance amending the Zoning District Map to change the Zoning District Classification from C-3Community Commercial District to PUD, Planned Unit Development, for two portions of the property located at 2956Milwaukee Road (Christensen) Plan Commission recommendation for approval 7 -0 Second Reading

Recommendation:adopt as presented


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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/97487/8.b_use_this_new_ZMA-2017-03_2956_Milwaukee_Road_Counc.pdf

use this new ZMA-2017-03 2956 Milwaukee Road Council Report

ORDINANCE NO. ____________

AN ORDINANCE AMENDING THEZONING 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 two portions of the property located at 2956Milwaukee Road, is hereby changed from C-3, Community Commercial District to PUD,Planned Unit Development District:

Being part of Lot 2 of Certified Survey Map Document No. 1123056 as recorded inVolume 14 on Pages 433-434 of Certified Survey Maps, being part of the Southwest ¼ ofthe Southeast ¼ of Section 20 and part of the Northwest ¼ of the Northeast ¼ of Section29, T. 1 N., R. 13 E., of the 4th P.M., City of Beloit, Rock County, Wisconsin, moreparticularly described as follows:

Beginning at the Northwest corner of said Lot 2; thence North 62°47’40” East, 7.3 feetalong the South right-of-way line of the service road; thence South 27°12’20” East, 34.00feet; thence North 62°47’40” East, 42.70 feet; thence South 27°12’20” East, 82.00 feet;thence South 62°47’40” West, 71.46 feet to the West line of said Lot 2; thence North0°25’03” East, 46.27 feet; thence continue, North 27°12’20” West, 75.00 feet to the pointof beginning. Containing 4,788 square feet, more or less.

Beginning at the most Westerly of said Lot 2; thence North 62°46’15” East, 62.61 feetalong the west line of said Lot 2; thence South 0°17’40” West 135.50 feet to the Westline of said Lot 2; thence North 27°13’45” West, 120.16 feet to the point of beginning.Containing 3,762 square feet, more or less.

Section 2. This Ordinance shall take effect and be in force upon its passage andpublication.

Adopted this ___ day of _______, 2017.

City Council of the City of Beloit

Kevin Leavy, Council PresidentAttest:


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Published this ____ day of _________, 2017

Effective this ____ day of _________, 2017

01-611100-5231-

53



Topic: Zoning Map Amendment Application for two portions of the property located at 2956 Milwaukee Road.

Date: August 21, 2017

Presenter(s): Julie Christensen Department: Community Development

Overview/Background Information:McBain Enterprises, Inc. has submitted an application for a Zoning Map Amendment to change the zoning districtclassification from C-3, Community Commercial District, to PUD, Planned Unit Development District, for two portions ofthe property located at 2956 Milwaukee Road.

Key Issues (maximum of 5): The applicant intends to rezone two portions of the subject property and combine the rezoned portions to the

property located at 2850/2900 Milwaukee Road, which is zoned PUD, Planned Unit Development District. Theseproposed changes are intended to improve parking and driveway connectivity, and clean-up parcel boundaries forfuture sale of lots.

The property located at 2956 Milwaukee Road is 4.22 acres. The two portions of the subject property that are tobe rezoned total 0.20 acre.

The C-3 district is intended to accommodate community-oriented retail sales and service uses. The PUD district isa special purpose zoning district that permits greater flexibility of land planning and site design.

The PUD – Master Land Use Plan Amendment application for 2850/2900 Milwaukee Road to include two portionsof 2956 Milwaukee Road has not yet been approved and is also being considered by City Council. If thesubmitted PUD and ZMA are approved, the applicant will submit a CSM for these properties.

This application is being considered in accordance with the Zoning Map Amendment procedures contained inSection 2-300 of the Zoning Ordinance.

The Plan Commission reviewed this item on August 9, 2017 and voted unanimously (7-0) to recommend approvalof this Zoning Map Amendment.

Consistency with Comprehensive Plan and Strategic Plan:The Comprehensive Plan recommends Community Commercial uses. This proposed Zoning Map Amendment isconsistent with the Comprehensive Plan, as required by Section 66.1001(3) of Wisconsin Statutes.

Consideration of this request supports City of Beloit Strategic Goal #5 which is to create and sustain high qualityinfrastructure and connectivity.



Action required/Recommendation: City Council consideration and 1

streadings of the proposed Ordinance


Attachments: Ordinance and Staff Report to the Plan Commission

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REPORT TO THE BELOIT CITY PLAN COMMISSION

Meeting Date: August 9, 2017 Agenda Item: 6 File Number: ZMA-2017-03

Applicant: McBain Enterprises, Inc. Owner: McBain Enterprises, Inc. Location: Two Portions of 2956Milwaukee Road

Current Zoning: C-3, CommunityCommercial District; MRO- MilwaukeeRoad OverlayProposed Zoning: PUD, Planned UnitDevelopment; MRO- Milwaukee RoadOverlay

Existing Land Use: Restaurant,Tavern, Motel

Parcel Size:Two Portions of 2956 Milwaukee

Road: .20 Acre

Request Overview/Background Information:McBain Enterprises, Inc. has submitted an application for a Zoning Map Amendment to change the zoning districtclassification from C-3, Community Commercial District to PUD, Planned Unit Development, for two portions of theproperty located at 2956 Milwaukee Road.

Key Issues:

The applicant intends to rezone two portions of the subject property and combine the rezoned portions to theproperty located at 2850/2900 Milwaukee Road, which is zoned PUD, Planned Unit Development District. Theseproposed changes are intended to improve parking and driveway connectivity, and clean-up parcel boundaries forfuture sale of lots.

The property located at 2956 Milwaukee Road is 4.22 acres. The two portions of the subject property that are tobe rezoned total 0.20 acre.

The C-3 district is intended to accommodate community-oriented retail sales and service uses. The PUD district isa special purpose zoning district that permits greater flexibility of land planning and site design.

The PUD – Master Land Use Plan Amendment application for 2850/2900 Milwaukee Road to include two portionsof 2956 Milwaukee Road has not yet been approved and is also being considered by Plan Commission. If thesubmitted PUD and ZMA are approved, the applicant will submit a 3-Lot CSM for these properties.

This application is being considered in accordance with the Zoning Map Amendment procedures contained inSection 2-300 of the Zoning Ordinance.

The attached Location & Zoning Map shows the location of the two portions of the subject property and thezoning of the surrounding area. All surrounding properties are zoned C-3, Community Commercial, and PUD,Planned Unit Development District, with most land uses being either restaurants or hotels.

Planning staff mailed the attached Public Notice to the owners of nearby properties. As of this writing, staff hasnot received any comments.

Findings of Fact - Based on Section 2-304 of the Zoning Ordinance, the Plan Commission shall make arecommendation based on the following considerations:

a. The existing use of property within the general area of the subject property; the two portions ofthe subject property are located in the center of a Community Commercial District. The uses fornearby properties include restaurants, hotels, retail, and office. The proposed uses are compatiblewith existing and planned uses within the general area.

b. The zoning classification of property within the general area of the subject property; the twoportions of the subject property are in the center of a C-3, Community Commercial District. Theproposed PUD would retain underlying C-3 use regulations.

c. The suitability of the subject property for the uses permitted under the existing zoningclassification; the two portions of the subject property are suitable for the uses permitted in the C-3district.

d. The trend of development and zoning map amendments in the general area of the subjectproperty. The Milwaukee Road area is fast-developing commercial area of the city. Recentdevelopments include the Milwaukee Road Shopping Center, Qdoba Mexican Grill, US Cellular, theCancer Center, and Buffalo Wild Wings.

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Consistency with Comprehensive Plan and Strategic Plan:The Comprehensive Plan recommends Community Commercial uses. This proposed Zoning Map Amendment isconsistent with the Comprehensive Plan, as required by Section 66.1001(3) of Wisconsin Statutes.

Consideration of this request supports City of Beloit Strategic Goal #5 which is to create and sustain high qualityinfrastructure and connectivity.



Staff Recommendation:Based upon the above Findings of Fact and the City’s Comprehensive Plan, the Planning & Building Services Divisionrecommends approval of a Zoning Map Amendment to change the zoning district classification from C-3, CommunityCommercial District to PUD, Planned Unit Development, for two portions of the property located at 2956 Milwaukee Road.


Attachments: Location & Zoning Map, Application, Photos, Public Notice, and Mailing List.

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58

59

Amendment Area A

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Amendment Area B

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use this new ZMA-2017-03 2956 Milwaukee Road Council Report 63


Agenda Item No. 2017-306Submitted by: Lorena StottlerSubmitting Department: City Attorney Meeting Date: September 5, 2017

SUBJECTResolution authorizing Schedule of Fees and Charges for certain Housing Inspections and Solid Waste Services (Luther)

Recommendation:


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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/97666/12.a_2017_Rental_fee_Registration__Granicus__w_Res.pdf

RESOLUTION AUTHORIZING SCHEDULE OF FEES AND CHARGESFOR CERTAIN HOUSING INSPECTIONS AND SOLID WASTE SERVICES

WHEREAS, the City of Beloit has the authority to establish reasonable fees for services providedor costs incurred in the administration of government; and

WHEREAS, Chapter 7 and 17 of the Municipal Code provides that certain fees shall beestablished by City Council resolution; and

WHEREAS, the fees and charges set forth hereinafter are reasonable, equitable and necessary todefray the cost of such programs.

NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts the fees to be charged to theproperty owner as outlined hereinafter.

I. SYSTEMATIC INTERIOR/EXTERIOR INSPECTION FEES FOR STRUCTURES AND PREMISES CONTAININGONE OR MORE RENTAL UNITSDescription Amount UnitInspection Fee $120.00 Each

Initial Reinspection Fee*Fee is waived if no major or three or fewer minor violations are found

$150.00 Each

Second and Subsequent Reinspection Fee*Fee is waived if no major or three or fewer minor violations are found

$200.00 Each

Boarding/Rooming House - Inspection Fee $120.00, plus$20.00/rooming unit

Each

Boarding/Rooming House - Initial Reinspection Fee*Fee is waived if no major or three or fewer minor violations are found

$150.00, plus$20.00/rooming unit

Each

Boarding/Rooming House - Second and Subsequent Reinspection Fee*Fee is waived if no major or three or fewer minor violations are found


Each

*Major and Minor violations shall be established by the Director of Community and Housing Services Division.

II. COMPLAINT-BASED INTERIOR INSPECTION FEESDescription Amount UnitInspection Fee*Fee is waived if no major or three or fewer minor violations are found

$120.00 Each

Initial Reinspection Fee*Fee is waived if no major or three or fewer minor violations are found

$150.00 Each


$200.00 Each

Boarding/Rooming House - Inspection Fee*Fee is waived if no major or three or fewer minor violations are found


Each



Each



Each


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III. VOLUNTARY INSPECTION PROGRAM (VIP) INSPECTION FEESDescription Amount UnitInspection Fee $100.00 EachInitial Reinspection Fee*Fee is waived if no major or three or fewer minor violations are found

$100.00 Each


$100.00 Each

Boarding/Rooming House - Inspection Fee $100.00, plus$10.00/rooming unit

Each



Each



Each


IV. FEES FOR SOLID WASTEDescription Amount UnitMonthly Solid Waste Fee $16.00 MonthSolid Waste Special Pick-Up Fee $10.00/cart Each

Dated at Beloit, Wisconsin this ____ day of September, 2017.

CITY COUNCIL FOR CITY OF BELOIT

By: ____________________________Kevin D. Leavy, President

Attest:

_______________________________Lorena Rae Stottler, City ClerkTdh/files/16-1086/2017 Fee Resolution Rental Registration 20170822 (16-1086)

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CITY OF BELOITREPORTS AND PRESENTATIONS TO CITY COUNCILTopic: Proposed Ordinance to repeal 14.06(6), to repeal and recreate sections 14.06(2), (3) and (4), to amend

sections 14.02(9), 7.06(2)(c), (d), 7.065, and 25.04(4)(d) of the Code of General Ordinances of the City ofBeloit pertaining to Rental Registration Certificates, Rental Dwelling Unit Inspections, Inspection Fees, andEnforcement of Parking Violations and Accompanying Fee Resolution


Presenter: Lori S. Curtis Luther Department: City Manager

Overview/Background Information:In 1994, the City of Beloit instituted a rental dwelling permit and systematic inspection program for residential rental properties inresponse to serious neighborhood concerns about the condition of the housing stock in the City of Beloit. The program has beensupported by the community for over 20 years and addresses public health and safety issues that are unique to Beloit. The Citycurrently has 14,803 dwelling units, and of these, 6,611 (45%) are rental. Over 40% of these rental units or roughly 2,700 units aresingle family homes.

In 2016, the Wisconsin Legislature limited municipal authority to regulate residential rental properties. The law imposed limitationson the type of information the City can request as part of the permit program, but still allowed municipalities the ability to registerand inspect residential rental properties.

Shortly after the law was enacted, local landlords filed suit against the City alleging that the City’s residential rental program violatedstate law. The circuit court ruling provided clarification regarding the new law and direction for the parties moving forward.Although the city’s residential rental registration program required some changes, the systematic inspection program remainedintact.

The proposed ordinance provides the required changes to the residential rental program in order to comply with the circuit courtdecision as well as offers new options and services that allow the City to address the public health and safety issues that theresidents of Beloit have come to expect.

The fee resolution that outlines all of the fees below is attached.


1. The proposed ordinance makes several changes to specific sections of 14.06 and 14.02 of the Municipal Code which regulatecertain provisions of the residential rental registration program. As proposed, this section removes conditions that wereformerly placed upon residential rental properties that no longer comply with state law; including, as part of the registrationprocess, no longer requiring property owners to comply with Municipal Code violations, no longer requiring property owners topay for delinquent bills or charges that are owed against the property, or to have the properties inspected prior to issuance ofthe registration. The proposed ordinance also removes the annual registration fee and provides that the City may only suspenda rental registration certificate if the application contains false or incorrect information. Finally, the proposed ordinance willallow delinquent and unpaid fees, as outlined below, to be placed on the tax roll along with an administrative chargecomparable to other delinquent and unpaid fees owed to the City.

2. The proposed ordinance includes a modification to the existing inspection program. The new inspection program includes fivespecific program components outlined below:

a. Systematic Inspection Program – the existing interior program is expanded to include the exterior of the properties. A newinterior/exterior checklist will be created that lists those exterior items to be inspected during systematic inspections. Allrental units inspected under this program will be charged the following fees at the time of inspection:

SYSTEMATIC INSPECTION PROGRAM






67

b. Voluntary Inspection Program (VIP) – This is a new interior/exterior inspection service which is available to all residentialproperties in the City of Beloit. Interior/exterior inspections would be scheduled and completed upon request. Forresidential rental properties, the property owners can request an interior/exterior inspection prior to the rental property’ssystematic inspection. Successful completion of the program with full compliance allows the property owner to receive upto a two-year extension of the property’s next systematic inspection. In other words, the successful completion of the VIPprogram allows the property owner up to 5 years between required inspections. Fees for VIP inspections must be pre-paidand are proposed as follows:

VOLUNTARY INSPECTION PROGRAM (VIP)






c. Complaint-Based Inspection Program – The City will continue its inspection program related to specific complaints that itreceives about health and safety conditions. Complaints are received from a variety of sources, including concerned familymembers, tenants, utility companies, and government agencies, such as police and fire departments, and Rock County ChildProtective Services. Upon such complaints, the City will work with the property owners or tenants to conduct any requiredinspections. Inspection fees will be charged at the time of inspection. The fees are proposed as follows:







d. Expanded Parking Enforcement Authority – The Police Department recommends expanding enforcement authority for CodeEnforcement staff to include enforcement authority for state and local parking violations. This will provide a greater level ofservice to neighborhoods for issues related to complaints of illegal parking.

e. Formal Expansion of Enforcement Authority for Right-of-Way Inspections – Code enforcement staff have providedenforcement support to the Solid Waste/Recycling team for a number of years. Prior general operating budgets have notreflected the monetary support for general fund staff providing a service to the Solid Waste/Recycling fund. Staffrecommends increasing the solid waste fee to cover a portion of time spent on right-of-way enforcement, while continuingto support the Solid Waste/Recycling Program. The rate adopted in 2009 was $11.50/month; in 2010, $13.00/month; andin 2012, $14.00/month. The fee proposal is for $16.00/month which is comparable or less than existing solid wasteproviders in the region. Also, the Solid Waste team has asked for a fee for special pick-ups at the request of propertyowners. The proposed fee is $10.00 per cart.

Conformance to Strategic Plan (List key goals this action would support and briefly discuss its impact on the City’s mission.):Approval of this project would conform with Goal #1’s stated purpose of creating and sustaining safe and healthy neighborhoods.

Sustainability (Briefly comment on the sustainable long term impact of this policy or program related to how it will impact both the built and

natural environment utilizing the four following eco-municipality guidelines.): Reduce dependence upon fossil fuels N/A Reduce dependence on chemicals and other manufacturing substances that accumulate in nature N/A Reduce dependence on activities that harm life sustaining eco-systems N/A Meet the hierarchy of present and future human needs fairly and efficiently - The proposed changes will allow the City to ensure that

housing is maintained in a decent, safe, and sanitary condition.If any of the four criteria are not applicable to your specific policy or program, an N/A should be entered in that space

Action required/Recommendation:Second reading of the proposed Ordinance. Approval of the Fee Resolution.

Fiscal Note/Budget Impact:Fees assessed will be used to offset the costs of the program to the extent possible.

Attachments:Proposed ordinance and fee resolution

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Agenda Item No. 2017-327Submitted by: Lorena StottlerSubmitting Department: City Manager Meeting Date: September 5, 2017

SUBJECTThe City Council may adjourn into closed session pursuant to § 19.85(1)(g), Wis. Stats. for the purposes of conferringwith legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adoptedby 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, orconducting other specified public business, whenever competitive or bargaining reasons require a closed session ;namely, to discuss the Town of Beloit’s incorporation petition and its request for a possible boundary agreement(Luther/Krueger)

Recommendation:adjourn

ATTACHMENTS

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Agenda Item No. 2017-328Submitted by: Lorena StottlerSubmitting Department: City Manager Meeting Date: September 5, 2017

SUBJECTThe council may reconvene in open session and possibly take action on the matter discussed in closed session.

Recommendation:open session

ATTACHMENTS

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Documents

AMENDED AGENDA City Hall Forum - 100 State Street 7:00 PM ... · Dwelling Unit Inspections, Inspection Fees, and Enforcement of Parking Violations (Luther) Second Reading Attachment