MINUTES OF THE COMMON COUNCIL

WEDNESDAY, APRIL 8, 2009, 7:00 P.M.
COUNCIL CHAMBERS
ROOM 203, CITY HALL

Roll call: Mayor James J. Schmitt, City Clerk Chad Weininger, City Attorney Allison Swanson. Alderpersons: J. Wiezbiskie, T. DeWane, A. Nicholson, A. Theisen, A. Kocha, D. Piton, C. Jeffreys, C. Wery, G. Zima, S. Deneys, J. VanderLeest, T. Weber. Excused: None.

Pledge of Allegiance.

Mayor Schmitt led the invocation.

Moved by Ald. DeWane, seconded by Ald. Wiezbiskie to approve the minutes of the March 18, 2009, meeting. Motion carried.

Moved by Ald. Wiezbiskie, seconded by Ald. Kocha to adjourn the meeting at 10:30 P.M.
Roll call: Ayes: Wiezbiskie, Kocha, Piton, Jeffreys, Weber. Noes: DeWane, Nicholson, Theisen, Wery, Zima, Deneys, VanderLeest. Motion failed.

Moved by Ald. Deneys, seconded by Ald. Piton to approve the agenda. Motion carried.

ANNOUNCEMENTS

Ald. T. DeWane congratulated Chief Arts and the Green Bay Police Department for receiving an award for their work with sexual assault victims.

REPORT BY THE MAYOR

Mayor Jim Schmitt announced next week there will be a press conference on the Housing First Model next Thursday, and that Governor Jim Doyle will be at the Green Bay Police Department to award stimulus money to the Green Bay Police Department. The Mayor also announced that the State of the City will be next Wednesday, which is tax day.

PUBLIC HEARINGS

General Ordinance No. 8-09
An ordinance amending Chapter 13 of the Code to permit a material recovery facility. (Item #25)

No one appeared.

Zoning Ordinance No. 2-09
An ordinance rezoning property located at 610 Maryhill Drive from Low Density (R1) District and Varied Density Residential (R3) District to Public Institutional (PI) District. (Item #26)

No one appeared.

PETITIONS & COMMUNICATIONS

ADVISORY COMMITTEE

Request by Ald. Jeffreys for a report on projects proposed for ARRA by the City of Green Bay.

FINANCE COMMITTEE

Request by the United Steelworkers to adopt a “Buy American” Resolution.

Request by Ald. Theisen that projected State-mandated increases in future City payments to the Wisconsin Retirement System, because of investment losses, be reviewed along with the financial impact on corresponding City budgets.

IMPROVEMENT & SERVICE COMMITTEE

Application for a Tree & Brush Trimmer License by S & D Tree Services, LLC.

Application for an Underground Sprinkler System License by Lizer Lawn Care.

Applications for Concrete Sidewalk Builder Licenses by the following:

A. Paul Conard Construction Co., Inc.

B. Kudick Concrete Construction, Inc.

C. Mike Delahaut Construction, Inc.

D. Loch Construction Co., Inc.

E. KPC Concrete Contractors

F. Elmer Weise Construction

G. Tom Phillips Construction

H. R.G. Hendricks Construction

I. Allied Concrete Construction, Inc.

J. In The Countryside Concrete

K. J.C. Santy Construction, LLC.

L. Pajula Construction

Letter from Rebria Pacific Company protesting the award of RFQ #1771 regarding the 65-gallon recycling carts.

PARK COMMITTEE

Request by Ald. Theisen to consider play equipment at Jackson Square.

PROTECTION & WELFARE COMMITTEE

Application for a Class “B” Combination License by CZ’s Cranky Ape, LLC at 708 Bodart. (Transfer from Liar’s Club)

Application for a Class “B” Beverage License by Shadian Enterprises, LLC at 1697½ Main Street.

Application for a Class “B” Beverage and a Class “C” Wine License by Monzu Bistro, LLC at 154 N. Broadway.

Request by the Assistant City Attorney to review and recommend adoption of an ordinance adopting by reference Section 961.43, Wis. Stats., regarding prescription fraud.

Application for a Class “B” Combination License by Billy Goats, Inc. at 709 S. Broadway. (Transfer from Double Down)

Notice of the Change of Agent for U.S. Oil Co., Inc. at 606 Dousman.

Appeal by Blanche Escamea to the denial of her Operator License application.

Request by Ald. Piton, on behalf of a constituent, to consider outlawing cell phone use while driving.

REDEVELOPMENT AUTHORITY

Request by Ald. Piton to consider purchasing 1233 Day Street with Neighborhood Enhancement or Stabilization funds.

Request by Ald. Kocha to consider purchasing the following houses with Neighborhood Enhancement Funds:

A. 815 Cherry Street

B. 805 Cherry Street

Moved by Ald. Deneys, seconded by Ald. Wiezbiskie to refer the petitions and communications to the appropriate Committee or Commission. Motion carried.

REPORTS FOR COUNCIL ACTION

Report of the Green Bay Plan Commission

April 8, 2009

The Green Bay Plan Commission, having met on Monday, March 23, 2009, considered all matters on its agenda and wishes to report and recommend the following:

1. To approve the referral from the Green Bay Park Committee to rezone an approximately 5-acre parcel located near the northeast corner of Whittier Drive and Erie Road, Tax Parcel 21-407, from Conservancy (C) District to Low Density Residential (R1) District. (ZP 09-03)

2. To approve the request to amend Chapter 13 of the Green Bay Municipal Code creating the Special Purpose – Residential Light Industrial (S-RL1) District. Future action by the Plan Commission will recommend which properties in the vicinity of South Broadway (approximately from Seventh Street to Tenth Street) to rezone to this district. (PP 09-01)

Moved by Ald. Piton, seconded by Ald. Wiezbiskie to adopt the report. Motion carried.

Report of the GREEN BAY Redevelopment Authority

April 8, 2009

The Green Bay Redevelopment Authority, having met on Wednesday, March 18, 2009, and Friday, April 3, 2009, considered all matters on its agenda and wishes to report and recommend the following:

1. To approve amendments to the River Vision Partnership, LLC Development Agreement dated May 11, 2007, as per the attached amended Term Sheet.

Amended Summary of Terms for Construction Loan

RiverCenter Project – April 3, 2009

1. The City shall loan to Developer up to $3.5 Million for a term of at least 30 months at rate of 5.5% with a mortgage on the property subordinate only to primary financing of Calumet County. Payments of principle and interest are due annually in February of each year commencing February 2010. Developer shall refinance the project with conventional financing within 7 years. The loan may be called by the City upon Developer’s failure to stay current with the City Loan.

2. Developer to obtain primary lending from Calumet County Bank in the amount of $4.5 Million for a term of 30 months, and additional lending, subordinate to City financing shall be a New Market Tax Credit loan obtained from WHEDA in the amount of 20% of total financing needed to complete construction of Phase I with carrying costs, estimated at approximately $12.2 Million. Construction of Phase I shall commence immediately upon loan closing for construction of Phase I of the development to include The Children’s Museum of Green Bay, Hagemeister Park restaurant, parking ramp, first floor retail of the Watermark and the exterior and elevator core for remaining floors (commercial and residential) of the Watermark building.

3. Developer to personally guarantee the City loan together with a mortgage on the property and shall contribute at least $260,000 in cash equity at the loan closing.

4. An irrevocable letter of credit to Calumet County Bank will be obtained from each of the entities purchasing the properties for The Children’s Museum of Green Bay, Hagemeister Park and Stone House Parking.

5. Money shall be disbursed first from the WHEDA loan, second from Calumet County and finally, from the City. All sale proceeds shall be first paid to the Bank Loan, then the City loan and then the WHEDA loan.

6. For disbursement of funds, Developer will provide proof of expenses already paid with copies of invoices accompanied by cancelled checks.

7. The City of Green Bay will agree to be responsible for the environmental assessment and clean up on any real estate encompassed by this project through EPA grant funds.

8. The loan closing and disbursement of all funds shall be handled by Green Bay Title Company.

9. Developer’s existing guarantee to the City for the RiverCenter project includes a guarantee for payment of the City’s State Trust Fund Loan. The guarantee for the payment due in 2009 and 2010 shall be deferred and added to the end of the term of the loan.

10. RDA approves façade as presented by Developer at April 3, 2009 meeting of the RDA.

Moved by Ald. Piton, seconded by Ald. Wiezbiskie to adopt the report.
Moved by Ald. Weber, seconded by Ald. Deneys to suspend the rules to allow interested parties to speak. Motion carried.
John Vetter presented the Water Mark Development and took questions from Council.
Paul Meyer, Calumet County Bank, talked about the bank’s support of the project.
Jackie Kress, 268 Dekard Lane, Little Suamico, spoke eloquently in favor of the project.
Kasie Setterlund, Stone House Developments, Madison, spoke in favor of the project. James Dempsey, 3890 Sandhill Dr. Pulaski, supported the Children’s Museum.

Pat Evans, County Board Supervisor, opposed the Water Mark deal.

The following people also spoke in favor of the project:

Dan Moore, Committee of DGBI, Wrightstown
Ned Dorff, 118 S. Washington, President of the Downtown Neighborhood Association

Toni Burnett, 1125, Director of the Children’s Museum

Harry Maier, Chairman of the Redevelopment Authority
Christina Trombley, UW-GB, Director of Small Business Development Center

Chad Micoley, Micoley Realtors

Jess Miller, developer of Hagemeister Park

Ivan Koffman, 217 S. Taylor Street

Jeff Mirkes, DGBI and Olde Maine

Cindy Zagone, 118 S. Washington Street

Glen Spevacek, 118 S. Washington Street

Dan Roarty, owner of Dimension VI on Broadway and a representative of On Broadway
Letters were also received from WHEDA, On Broadway and Downtown Green Bay, Inc. in support of the project.
Moved by Ald. Deneys, seconded by Ald. DeWane to return to the regular order of business. Motion carried.
Moved by Ald. VanderLeest, seconded by Ald. Deneys to convene in closed session pursuant to Wis. Stat. Section 19.85(1)(e) for purposes of deliberating or negotiating the sale of public properties, investing of public funds as necessary for competitive or bargaining reasons and pursuant to Wis. Stat. Section 1985(1)(f) to consider financial and or personal histories of specific person which if discussed in public would likely have a substantial adverse effect upon the reputation of the person referred to in such histories or data.
Roll call: Ayes: DeWane, Theisen, Piton, Jeffreys, Zima, Deneys, VanderLeest, Weber. Noes: Wiezbiskie, Nicholson, Kocha, Wery. Motion carried.
Moved by Ald. Deneys, seconded by Ald. Piton to reconvene in open session pursuant to Wis. Stat. Sec. 19.85 (2) to report the results of the closed session and consider the balance of the agenda. Motion carried.
The Mayor reported out that the Council talked about financial information about the developer in closed session.
Moved by Ald. VanderLeest, seconded by Ald. Zima to refer the term sheet back to the Mayor’s Office for further review and to look for additional private funding.
Moved by Ald. Wiezbiskie, seconded by Ald. Deneys to end the debate.
Roll call: Ayes: Wiezbiskie, Kocha, Piton, Jeffreys, Wery, Weber. Noes: DeWane, Nicholson, Theisen, Zima, Deneys, VanderLeest. Motion failed with lack of two-thirds vote.
A vote was then taken on the motion to refer the item back to the Mayor’s Office.
Roll call: Ayes: Nicholson, Zima, VanderLeest. Noes: Wiezbiskie, DeWane, Theisen, Kocha, Piton, Jeffreys, Wery, Deneys, Weber. Motion failed.
A vote was then taken on the original motion to adopt the report.
Roll call: Ayes: Wiezbiskie, DeWane, Theisen, Kocha, Piton, Jeffreys, Wery, Deneys, Weber. Noes: Nicholson, Zima, VanderLeest. Motion carried.

REPORT OF THE

TRAFFIC COMMISSION

April 8, 2009

The Traffic Commission having met Monday, March 30, 2009, considered all matters on its agenda and wishes to report and recommend the following:

1. That the February 23, 2009 Traffic Commission minutes be approved.

2. That the report by the Traffic Engineer on modifications by Council to the March 19, 2009 Traffic Commission Council Report be received and placed on file.

3. That the report by the Traffic Engineer on the March 19, 2009 Council action to remove traffic signals at 7 locations be received and placed on file.

4. That DPW be directed to install a DANGEROUS CURVE sign around the 2700-2800 block of Newberry Avenue.

5. That the request for a speed and safety study at the intersection of Webster Avenue and Grignon Street be referred to DPW for study.

6. That DPW be directed to install DO NOT BLOCK INTERSECTION signs at the intersection of Webster Avenue and Cass Street.

7. To remove the eastbound NO LEFT TURN condition on Walnut Street at Museum Place.

8. That DPW be directed to install pedestrian flashing beacons on Dousman Street at Murphy Drive near ASPIRO, Inc.

9. That DPW be directed to adjust the existing pedestrian crossing signs on Dousman Street at Murphy Drive.

10. That DPW send a letter to the Superintendent, School Board President, and School Board members requesting the Green Bay Public School District to participate in 50% of the cost to furnish and install flashing LED blinker signs along Packerland Drive near Southwest High School.

11. That the request for a follow up on recommendations to improve the West Mason Street Frontage Road & Packerland Drive intersection be referred to staff.

12. That DPW organize a meeting with staff and business owners to discuss short and long term solutions to the traffic issues along the South Mason Street Frontage Road near Hinkle Street.

13. That the request to reconsider the proposed installation of traffic signals at East Mason Street and Ontario Road by substituting a roundabout at that intersection as well as at East Mason Street and Huron Road be denied.

14. That the request to review the history of traffic signal timing modifications at East Mason Street and Edgewood Drive be received and placed on file.

15. That the request to review the history of traffic signal timing modifications at Main Street and Manitowoc Road be received and placed on file.

16. That the removal of the NO PARKING DURING SCHOOL HOURS zone on the north side of Deckner Avenue from a point 345 feet west of Bellevue Street to Hartung Street be adopted by ordinance.

17. That the removal of the NO PARKING zone on the north side of Deckner Avenue from a point 345 feet west of Bellevue Street to Danz Avenue be adopted by ordinance.

18. That a NO PARKING DURING SCHOOL HOURS zone on the north side of Deckner Avenue from Hartung Street to a point 255 feet east of Hartung Street be established and adopted by ordinance.

19. That a NO STOPPING OR STANDING 7 AM TO 4 PM SCHOOL DAYS BUS LOADING zone on the north side of Deckner Avenue from a point 675 feet west of Bellevue Street to a point 210 feet west of Bellevue Street be established and adopted by ordinance.

20. That a NO PARKING zone on the north side of Deckner Avenue from a point 210 feet west of Bellevue Street to Danz Avenue be established and adopted by ordinance.

21. To expire the 90-day trial of the installation of one (1) double-sided In-Street Pedestrian Crossing (R1-6) breakaway sign assembly to the 4K-K Early Learning Center for their installation at the west approach crosswalk of Victoria and Crooks Streets during large group school children crossing activities.

Moved by Ald. Deneys, seconded by Ald. Wiezbiskie to adopt the report. Motion carried.

REPORT OF THE ADVISORY COMMITTEE

April 8, 2009

The members of the Advisory Committee, having met on Thursday, March 26, 2009, considered all matters on its agenda and wish to report and recommend the following:

1. To refer the request of Ald. Wiezbiskie to the Law Department to report on the successes, failures, improvements and procedures of the Sexual Offender Residency Restrictions Ordinance and the Sex Offenders Residency Board and request a committee member from the Sex Offender Residency Board to attend Advisory Committee when this report is made.

2. To receive and place on file the request of Ald. Nicholson to review guidelines for Council meeting presentations.

3. To approve the request of Ald. Wery to draft a resolution encouraging the reclassification of US 41 to I-55/Old Hwy 41.

4. To receive and place on file the request of Ald. Nicholson to develop a policy on cell phone use during Council meetings.

5. To hold the request of Ald. Wery to draft a resolution supporting the establishment of a Regional Transit Authority (RTA) to gather more information on the issue and on Assembly Bill 75 and to bring this back to the next Advisory Committee meeting on April 6^th.

6. To receive and place on file the report from staff on CDBG and Home Program funds

7. To hold until the April 6^th Advisory Committee meeting, the request by Ald. Wiezbiskie to review and offer possible solutions to address late night-into early morning City Council meetings. Possibility of adjournment or recess to next available day or time. Possible cutoff at 10:30 p.m. or at least by 12:30 a.m. to defray overtime wages for building staff workers.

Moved by Ald. Piton, seconded by Ald. Wiezbiskie to adopt the report with the exception of Item #2. Motion carried.
Moved by Ald. Nicholson, seconded by Ald. Piton to refer Item #2 back to the Advisory Committee. Motion carried.

REPORT OF THE ADVISORY COMMITTEE

April 8, 2009

The members of the Advisory Committee, having met on Monday, April 6, 2009, considered all matters on its agenda and wish to report and recommend the following:

1. To hold the discussion and action regarding the establishment of a Regional Transit Authority (RTA) until the next Advisory Committee meeting, when Ald. Wery and other members would be present.

2. To refer to the Mayor’s Office the request by Ald. Wiezbiskie to review and offer possible solutions to address late night-into early morning City Council meetings. Possibility of adjournment or recess to next available day or time. Possible cutoff at 10:30 p.m. or at least by 12:30 a.m. to defray overtime wages for building staff workers.

3. To refer the update on discussion by committee chairs regarding staggering the day of committee meetings, to the Mayor’s Office, to work with the chairs of the standing committees to set meeting times and days.

Moved by Ald. Deneys, seconded by Ald. Kocha to adopt the report. Motion carried.

REPORT OF THE FINANCE COMMITTEE

April 8, 2009

The Finance Committee, having met on Tuesday, March 24, 2009, considered all matters on its agenda and wishes to report and recommend the following:

1. To approve the request to cancel certain real and personal property taxes.

2. Report of the Purchasing Agent:

a. To approve award of purchase of 30 HP Desktops off the State contract, Paragon Dev. Systems, for the amount of $13,740.

b. To approve staff to contract either quarterly or through the end of the year, the purchase of one tanker of diesel and one tanker of gas per month at fixed pricing.

CONTINGENCY FUND

$109,930.00

Moved by Ald. Deneys, seconded by Ald. Wiezbiskie to adopt the report. Motion carried.

REPORT OF THE

IMPROVEMENT & SERVICE COMMITTEE

April 8, 2009

The Improvement and Service Committee, having met on March 24, 2009 considered all matters on its agenda and wishes to report and recommend the following:

1. That the minutes from the regular meeting on March 10, 2009 be approved.

2. That the request by Nick Le Gros to rescind the early setout charge of $53.30 at 1554 Cass Street be tabled until the next meeting.

3. That the request by Richard Luxton, 2646 Sequoia Lane, for a variance in the on-street overnight parking restriction be approved for up to 30 requests per year from April 1st to November 1st.

4. That the request by Delta Consultants, on behalf of Buckeye Partners LLC, to perform soil borings and to install groundwater monitoring wells on city-owned property located at 1264 N. Broadway (Parcel No. 18-748) be approved subject to Buckeye Partners LLC providing a hold harmless agreement and liability insurance to the satisfaction of the Law Department.

5. That the request by Kaplan Automotive to place temporary signs, banners, and a tent in the right of way at 2128 Main Street on June 18 through June 20, 2009 be approved subject to the following:

a) Kaplan Automotive provides a hold harmless agreement and liability insurance to the satisfaction of the Law Department;

b) Traffic Engineer approves the location of temporary signage, banners and tent to insure proper sight distance at driveways;

c) Temporary signage and tent meet applicable City regulations and requirements; and

d) Tent shall have side covers or fencing on all sides except side facing parking lot.

6. That the request by Ald. Weber to look at an enforceable citation/ticket in Municipal Court for tenants be referred to the Law Department.

7. That the request by Ald. Wiezbiskie to review and offer possible solutions to eliminate the water problems on Luxemburg Road from Spartan Road to the City limits be referred to staff.

8. That the request by Ald. Wiezbiskie, on behalf of the constituent at 3380 Wiggins Way, to install a mini-drain to prevent reoccurring water problems in street and driveway during winter be referred to staff to monitor drainage next winter and report findings back to the property owner and Ald. Wiezbiskie.

9. That the request by Ald. DeWane for a street light study in the 1700-1800 block of Newberry Avenue be received and placed on file.

10. That the request by Ald. Piton to consider a street light in the alley in the 1300 block between Klaus and Berner Streets be referred to staff to determine if existing street light in alley is working and to report back to Ald. Piton.

11. That the request by Ald. Vander Leest for an update on the City boardwalk project, summary of government and private funding for it, and Phase I details be received and placed on file.

12. That the request by Ald. Vander Leest to determine the construction schedule for a portion of Military Avenue not planned for reconstruction – Biemeret Street to the Lombardi Avenue area be received and placed on file.

13. That the request by Ald. Vander Leest to conduct a survey of residents in the Hobart Drive area to determine if sidewalks should be installed on Hobart Drive be referred to the Traffic Commission for a sidewalk study.

14. That the request by the Department of Public Works to amend the list of streets being considered for resurfacing in 2009 to include the following be approved:

Newberry Avenue – 150’ E/O Indian Springs Drive to Glacier Drive

Manitowoc Road – Hemlock Drive to Greenbrier Road

15. That the Department of Public Works 2009 Capital Improvements Program be approved and to forward to the Finance Committee for inclusion in the 2009 Bond Issue.

16. That the County/Municipal Agreement for the construction of East Mason Street (CTH V) from Erie Road to Northview Road be approved and to authorize the Director of Public Works to sign the agreement.

17. That the purchase of one 304 Stainless Steel Dump Body and to make modifications to dump unit #42 from the low responsive vendor, Casper’s Truck Equipment, in the amount of $50,537.00 be approved.

That the purchase of two reversible snowplows from the low responsive vendor, Monroe, in the amount of $21,548.00 be approved.

18. That contract PAVEMENT REPAIR - 2009 be awarded to the low responsible bidder, Martell Construction, in the amount of $374,590.00.

19. That the following plat of right of way be approved and referred to the Plan Commission for review and to the Law Department to file a lis pendens:

Plat of right of way required for Military Avenue from Langlade Avenue to Dousman Street.

20. That the application from JB & Sons for a 2009 Tree and Brush Trimmer License be approved.

21. That the applications from the following businesses for a 2009 Concrete Sidewalk Builder’s License be approved:

a) Jeff Baeten Concrete Construction, Inc.

b) Martell Construction, Inc.

c) Shier Construction

d) Scott R. Weidner Concrete Construction, LLC

e) J.J.’s Quality Construction

f) Larry Van Rite Trucking

g) B&B Construction

h) Vander Wegen Concrete

22. That the Director’s Report on recent activities of the Public Works Department be received and placed on file.

23. PUBLIC HEARING

That asphalt resurfacing improvements be ordered in and assessment levied on Appian Way from Deckner Avenue to Cliffview Drive.

That asphalt resurfacing improvements be ordered in and assessment levied on Arnold Drive from Biemeret Street to Kennedy Drive.

That asphalt resurfacing improvements be ordered in and assessment levied on Beech Tree Court from Beech Tree Drive to cul-de-sac east.

That asphalt resurfacing improvements be ordered in and assessment levied on Beech Tree Drive from Ninth Street to West Point Terrace.

That Calvin Drive from Ravenswood Drive to Calvin Court be deleted from the 2009 Resurfacing Program and be reconsidered for resurfacing in 2010.

That asphalt resurfacing improvements be ordered in and assessment levied on Canary Lane from He-Nis-Ra Lane to Whippoorwill Drive.

That asphalt resurfacing improvements be ordered in and assessment levied on Careful Court from Kennedy Drive to cul-de-sac south.

That asphalt resurfacing improvements be ordered in and assessment levied on Cass Street from Roosevelt Street to Irwin Avenue.

That asphalt resurfacing improvements be ordered in and assessment levied on Chestnut Avenue from Dousman Street to Elmore Street.

That asphalt resurfacing improvements be ordered in and assessment levied on Clay Street from Grignon Street to south city limits.

That asphalt resurfacing improvements be ordered in and assessment levied on Fern Lane from Wayfarer Way to Bader Street.

That asphalt resurfacing improvements be ordered in and assessment levied on Kennedy Drive from Arnold Drive to 230' W of Careful Court, and to change the project terminus to the west side of the driveway at 1521 Kennedy Drive subject to the property owners at 1520 and 1521 Kennedy Drive agreeing to the change.

That asphalt resurfacing improvements be ordered in and assessment levied on Mt. Mary Circle from St. Anthony Drive to north end.

That asphalt resurfacing improvements be ordered in and assessment levied on Schoen Street from Main Street to E. Mason Street.

That asphalt resurfacing improvements be ordered in and assessment levied on St. Anthony Drive from 200' E of University Avenue to 200' E of Mt. Mary Drive.

That asphalt resurfacing improvements be ordered in and assessment levied on Strawberry Lane from Oakwood Drive to Mulberry Lane.

That asphalt resurfacing improvements be ordered in and assessment levied on Valorane Blvd from He-Nis-Ra Lane to Oakwood Drive.

That asphalt resurfacing improvements be ordered in and assessment levied on Wesley Avenue from Jamesford Avenue to Hillside Lane.

Meeting adjourned at 10:40 p.m.

Moved by Ald. Piton, seconded by Ald. DeWane to adopt the report with the exception of Items #12 and that portion of Item #23 dealing with Beech Tree Court and Drive and St. Anthony Drive. Motion carried.
Moved by Ald. Deneys, seconded by Ald. Wiezbiskie to adopt Items #12.
Moved by Ald. VanderLeest, seconded by Ald. Wery to amend Item #12 by deleting the words “received and placed on file.” and replacing them with the words “included in the 2010 resurfacing program.” Motion carried.
Moved by Ald. Deneys, seconded by Ald. Kocha to adopt Item #23.
Moved by Ald. VanderLeest, seconded by Ald. Theisen to suspend the rules to allow interested parties to speak. Motion carried.
William Travis, 3700 Curry Road, owner of property on Mount Mary Drive, opposed the resurfacing.
Al Rueda, 1434 Beech Tree Drive, opposed the resurfacing.
Paul Theis, 2851 St. Anthony Drive, opposed the paving of the road.
Moved by Ald. Jeffreys, seconded by Ald. Deneys to return to the regular order of business. Motion carried.
Moved Ald. VanderLeest and seconded Zima to hold the resurfacing of Beech Tree Court from Beech Tree Drive to cul-de-sac and Beech Tree Drive from 9^th Street to West Point Terrace for reconsideration in the 2010 resurfacing program. Motion failed on display vote.

Moved by Ald. Nicholson, seconded by Ald. Theisen to delay the resurfacing of St. Anthony Drive. Motion failed.
A vote was then taken on the motion to adopt Item #23. Motion carried.

REPORT OF THE

SPECIAL MEETING OF THE

IMPROVEMENT & SERVICE COMMITTEE

April 8, 2009

The Improvement and Service Committee, having met on April 8, 2009 considered all matters on its agenda and wishes to report and recommend the following:

1. That contract, “POLICE DEPARTMENT REROOFING”, be awarded to the low bidder, Northern Metal & Roofing, in the amount of $16,640.00

That base bid plus alternate for contract “MCKENZIE LANE STORM WATER FACILITY RESTORATION” be awarded to the low bidder, Willems Landscape Inc., in the amount of $59,015.75.

Moved by Ald. Deneys, seconded by Ald. Piton to adopt the report. Motion carried.

REPORT OF THE PARK COMMITTEE

April 8, 2009

The Park Committee, having met on Tuesday, March 24, 2009, considered all matters on its agenda and wishes to report and recommend the following:

1. To approve the request by user groups to add bleacher pads and bullpens to the John Muir Park softball diamonds and refer the request for storage buildings to staff.

2. To refer discussion/action on moving the Admiral Flatley Obelisk to staff to work with Ald. Kocha and Ald. Piton and contact the United Patriotic Society.

3. To approve the request by the Green Bay Area Youth Soccer Association to fundraise for a restroom/concession building at the Arnie Wolff Sports Complex.

4. To refer to staff the request by Ald. Kocha to meet with youth baseball/softball organizations to discuss the development and operation of the new Finger Road baseball/softball complex.

5. To recommend the 2009 Capital Improvement Program proposals to the Mayor and Common Council.

6. To receive and place on file the Director’s Report.

Moved by Ald. Wiezbiskie, seconded by Ald. Kocha to adopt the report. Motion carried.

REPORT OF THE PERSONNEL COMMITTEE

April 8, 2009

The Personnel Committee, having met on Tuesday, March 24, 2009, considered all matters on its agenda and wishes to report and recommend the following:

1. To approve the recruitments of the Part-time Cleaner for the Park, Recreation & Forestry Department and Clerk Typist II (Desk I) for the Clerk Treasurer Office.

2. To approve the recruitment of the Director of Public Works for the Department of Public Works with a national search.

3. To allow all departments to hire unpaid interns without prior Personnel Committee or Council approval.

4. To receive and place on file the report of Personnel Actions for regular employees and seasonal Park Dept. employees.

Moved by Ald. Deneys, seconded by Ald. Wiezbiskie to adopt the report. Motion carried.

REPORT OF THE PROTECTION & WELFARE COMMITTEE

April 8, 2009

The Protection & Welfare Committee, having met on Tuesday, March 31, 2009, considered all matters on the agenda and wishes to report and recommend the following:

1. To approve the application for a Class “C” Wine License by Juan Maldonado at 1737 Main Street (currently has beer only), with the approval of proper authorities and with the stipulation that this is not located within the Moratorium area. If it is located within the Moratorium area, this item would need to come back before the Protection and Welfare Committee.

2. To approve the application for a Class “B” Combination License by J & M Hospitality Management, LLC at 850 Kepler Drive (transfer from B & L Holdings of Green Bay, LLC), with the approval of proper authorities.

3. To approve the application for a Class “B” Combination License by M & J Restaurant, LLC at 313 N. Broadway (transfer from KD Ventures, LLC), with the approval of proper authorities.

4. Requests by the owners of Fuzzy’s, 2511 W. Mason Street, for the following:

A. To hold outdoor events on May 30 & 31

To approve the request to hold outdoor events on May 30 & 31, subject to complaint.

B. To amend their application to include outdoor volleyball courts.

To approve on a trial basis, the request to amend the liquor license of Fuzzy’s at 2511 W. Mason Street to include outdoor volleyball courts, until June 30, 2009. This must then come back before the Protection and Welfare Committee for a review in order to obtain approval to continue past that date. The approval of the request is subject to complaint and if a complaint is received and verified, the amendment would cease and this request would have to come back to the next Protection and Welfare Committee meeting.

5. To refer to staff, the request by Ald. Zima that landlords be allowed to work on their properties and take out the necessary permits, and have staff report back at the next meeting of the Protection and Welfare Committee scheduled for April 14, 2009.

6. To approve the adoption of an ordinance for damage to property by tenants.

7. To receive and place on file, the statistics for St. John’s Shelter as of February 10 and March 10, 2009. (Note: A representative from St. John’s is requested to attend the next meeting of the Protection and Welfare Committee to answer questions of the Committee.)

Moved by Ald. Deneys, seconded by Ald. Piton to adopt the report with the exception of Item #4. Motion carried.
Moved by Ald. Piton, seconded by Ald. Wery to adopt Item #4.
Moved by Ald. VanderLeest, seconded by Ald. Wiezbiskie to adopt Item #4A and to refer Item #4B back to the Protection & Welfare Committee. Motion carried.

REPORT OF THE PROTECTION AND WELFARE COMMITTEE

GRANTING OPERATOR LICENSES

April 4, 2009

The Protection and Welfare Committee wishes to request that the following applications for Operator Licenses be granted, pending approval by the Green Bay Police Department.

Stipulations placed on licenses shall continue to be in effect.

OPERATOR LICENSES

2008 - 2010

Angrabright, Jane C

Behm, Paul R

Bero, Misty M

Bierke, Kaylynn M

Bogart, Patrick J.

Calaway, Amanda M

CALDIE, SCOTT T

Collens, Christel A

Culver, Wendy A.

Dahle, Dulcie A.

De Groot, Dennis J

Gille, Cody A

Herrbold, Matthew O

Hewitt, Bryan J

King, Kelly M

Lance, Ryan E

Landree, Jessie L

LeMense, Theresa A.

Lemerond, Bradley T

Longsine, Christine A

Mannion, Elaine M

McFarlane, Scott A

McMonagle, Sharon E.

Metoxen, Chad D.

Munson, Samuel K

Perez, Ernesto

Rauen, Sarah J

Ruff, William R

Ruhl, Kim F

Schultz, Jessica E

Taylor, Robert M

Thielke, Brian K

Van Dyke, Jack M

Walker, Mary V

Watkins, Derrick S

Wheelock, Shannon L

Zepnick, Kristen M

Moved by Ald. Piton, seconded by Ald. Kocha to adopt the report. Motion carried.

RECEIVE & PLACE ON FILE

Monthly Report of Municipal Court for February, 2009.

Moved by Ald.Piton, seconded by Ald. Kocha to receive the report and place it on file. Motion carried.

RESOLUTIONS

FINAL PAYMENT RESOLUTION

April 8, 2009

BY THE COMMON COUNCIL OF THE CITY OF GREEN BAY, RESOLVED

That the City Clerk be and is hereby instructed to draw FINAL ORDERS in favor of the following contractors for their projects in the amounts listed as follows:

1. RESURFACING 1-08 PART A

Martell Construction Inc.

TOTAL AMOUNT EARNED: $270,623.38

LESS AMOUNT RETAINED: $ 0.00

$270,623.38

LESS AMOUNT PREVIOUSLY PAID: $268,492.63

AMOUNT DUE THIS ESTIMATE: $ 2,130.75

ACCOUNT NUMBERS

401-50-500-501-55301-000000-000-11058: $2,130.75

PO#: 103721

2. SEWERS 2-08

DeGroot Inc.

TOTAL AMOUNT EARNED: $338,082.96

LESS AMOUNT RETAINED: $ 0.00

$338,082.96

LESS AMOUNT PREVIOUSLY PAID: $328,802.13

AMOUNT DUE THIS ESTIMATE: $ 9,280.83

ACCOUNT NUMBERS

403-50-500-502-55355-000000-000-13028: $5,463.31

412-50-500-501-55355-000000-000-13028: $3,180.29

412-50-500-501-55351-000000-000-13028: $ 637.23

PO#: 103671

3. PAVEMENT 3-08

Martell Construction, Inc.

TOTAL AMOUNT EARNED: $180,100.94

LESS AMOUNT RETAINED: $ 0.00

$180,100.94

LESS AMOUNT PREVIOUSLY PAID: $126,803.69

AMOUNT DUE THIS ESTIMATE: $ 53,297.25

ACCOUNT NUMBERS

401-50-500-501-55301-000000-000-11108: $51,175.25

412-50-500-501-55355-000000-000-11108: $ 2,122.00

PO #: 103801

Adopted April 8, 2009

Approved April 9, 2009

James J. Schmitt

Mayor

ATTEST:

Chad J. Weininger

City Clerk

Moved by Ald. Deneys, seconded by Ald. Wiezbiskie to adopt the resolution.
Roll call: Ayes: Wiezbiskie, DeWane, Nicholson, Kocha, Piton, Jeffreys, Wery, Zima, Deneys, VanderLeest, Weber. Noes: None. Motion carried.

RESOLUTION FOR STATE TRUST FUND LOAN

APRIL 8, 2009

BY THE COMMON COUNCIL OF THE CITY OF GREEN BAY:

By the provisions of Sec. 24.66 of the Wisconsin Statutes, all municipalities may borrow money for such purposes in the manner prescribed; and

By the provisions of Chapter 24 of the Wisconsin Statutes, the Board of Commissioners of Public Lands of Wisconsin is authorized to make loans from the State Trust Funds to municipalities for such purposes. (Municipality as defined by Sec. 24.60(2) of the Wisconsin Statutes means a town, village, city, county, public inland lake protection and rehabilitation district, town sanitary district created under Sec. 60.71 or 60.72, metropolitan sewerage district created under Sec. 200.05 or 200.23, joint sewerage system created under Sec. 281.43(4), school district or technical college district.)

THEREFORE, BE IT RESOLVED, that the City of Green Bay, in the County of Brown, Wisconsin, borrow from the Trust Funds of the State of Wisconsin the sum of Three Million Five Hundred Thousand and 00/100 Dollars ($3,500,000.00) for the purpose of financing downtown waterfront development and for no other purpose.

The loan is to be payable within 20 years from the 15^th day of March preceding the date the loan is made. The loan will be repaid in annual installments with interest at a rate of 5.5 percent per annum from the date of making the loan to the 15^th day of March next and thereafter annually as provided by law.

RESOLVED FURTHER, that there shall be raised and there is levied upon all taxable property within the City of Green Bay, in the County of Brown, Wisconsin, a direct annual tax for the purpose of paying interest and principal on the loan as they become due.

RESOLVED FURTHER, that no money obtained by the City of Green Bay by such loan from the state be applied or paid out for any purpose except financing downtown waterfront development without the consent of the Board of Commissioners of Public Lands.

RESOLVED FURTHER, that in case the Board of Commissioners of Public Lands of Wisconsin agrees to make the loan, that the Mayor and Clerk of the City of Green Bay, in the County of Brown, Wisconsin, are authorized and empowered, in the name of the City, to execute and deliver to the Commission certificates of indebtedness, in such form as required by the Commission, for any sum of money that may be loaned to the City pursuant to this resolution. The Mayor and Clerk of the City will perform all necessary actions to fully carry out the provisions of Chapter 24, Wisconsin Statutes, and these resolutions.

RESOLVED FURTHER, that this preamble and these resolutions and the aye and no vote by which they were adopted, be recorded, and that the Clerk of this City forward this certified record, along with the application for the loan, to the Board of Commissioners of Public Lands of Wisconsin.

Adopted April 8, 2009

Approved April 9, 2009

James J. Schmitt

Mayor

Chad J. Weininger

Clerk

Moved by Ald. Piton, seconded by Ald. Wiezbiskie to adopt the resolution.
Roll call: Ayes: Wiezbiskie, DeWane, Theisen, Kocha, Piton, Jeffreys, Wery, Deneys, Weber. Noes: Nicholson. Zima, VanderLeest. Motion carried.

RESOLUTION AUTHORIZING CANCELLATION

OF PERSONAL PROPERTY TAXES

April 8, 2009

BY THE COMMON COUNCIL OF THE CITY OF GREEN BAY, RESOLVED:

That, as per the recommendation of the Finance Committee at its meeting of March 24, 2009, the following 2008 personal property taxes be cancelled:

Account Amount Cancelled

11802 $ 68.60

14446 137.10

15499 89.30

16182 143.00

15296 731.50

14024 91.65

16081 274.40

18857 265.15

Adopted April 8, 2009

Approved April 9, 2009

James J. Schmitt Mayor

Chad J. Weininger

Clerk

RESOLUTION AUTHORIZING REFUND

OF PERSONAL PROPERTY TAXES

April 8, 2009

BY THE COMMON COUNCIL OF THE CITY OF GREEN BAY, RESOLVED:

That, as per the recommendation of the Finance Committee at its meeting of March 24, 2009, the following 2008 personal property taxes be refunded:

Account Amount Cancelled

9620 $3,899.85

Adopted April 8, 2009

Approved April 9, 2009

James J. Schmitt

Mayor

Chad J. Weininger

Clerk

RESOLUTION AUTHORIZING REFUND

OF 2008 REAL ESTATE TAXES

April 8, 2009

BY THE COMMON COUNCIL OF THE CITY OF GREEN BAY, RESOLVED:

That, pursuant to the recommendation of the Finance Committee at its meeting of March 24, 2009, the following 2008 real estate taxes shall be refunded:

Amount

Parcel No. Refunded

22-68-1 $1,325.85

6H-3057 674.35

Adopted April 8, 2009

Approved April 9, 2009

James J. Schmitt

Mayor

Chad J. Weininger

Clerk

RESOLUTION APPROVING PLAT OF RIGHT OF WAY

MILITARY AVENUE FROM

LANGLADE AVENUE TO DOUSMAN STREET

April 8, 2009

BY THE COMMON COUNCIL OF THE CITY OF GREEN BAY, RESOLVED:

That the following plat of right of way be approved and referred to the Plan Commission for review and to the Law Department to file a lis pendens.

PLAT OF RIGHT OF WAY REQUIRED FOR MILITARY AVENUE FROM LANGLADE AVENUE TO DOUSMAN STREET.

Adopted April 8, 2009

Approved April 9, 2009

James J. Schmitt

Mayor

ATTEST:

Chad J. Weininger

City Clerk

RESOLUTION AUTHORIZING THE

MAYOR AND CLERK EXECUTE THE

FIRST AMENDMENT TO THE

DEVELOPMENT AGREEMENT WITH

RIVER VISION PARTNERSHIP, LL, FOR

PHASE I OF THE YOUNKERS SITE PROJECT

April 9, 2009

BY THE COMMON COUNCIL OF THE CITY OF GREEN BAY, RESOLVED:

WHEREAS, the Common Council has created TIF No. 13 and adopted a project plan for the district; and

WHEREAS, the project to be developed by River Vision Partnership, LLC, for the former Younkers property is located within the TIF No. 13 District and complies with the project plan for TIF No. 13 previously adopted by the Redevelopment Authority, which was subsequently approved by the Common Council; and

WHEREAS, the original development agreement between the City and River Vision Partnership, LLC, was signed on May 11, 2007.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Clerk are hereby authorized to execute the First Amendment to the Development Agreement for Phase I of the Younkers Site Project between the City and River Vision Partnership, LLC, subject to technical legal adjustments to the agreement as may be deemed necessary by the parties’ counsel and consulting bond counsel.

Adopted April 8, 2009

Approved April 9, 2009

James J. Schmitt

Mayor

Chad J. Weininger

Clerk

First Amendment to Development Agreement – Phase I

Younkers Site Project

Whereas the City of Green Bay (hereinafter the “City”), City of Green Bay Redevelopment Authority (hereinafter the “RDA) and River Vision Partnership, LLC (hereinafter “Developer”), River Center Lofts, LLC (hereinafter “RCL”) have entered into a Development Agreement Phase I (hereinafter “Development Agreement”) dated May 11, 2007, for the acquisition and redevelopment of the Parcels 12-1 and 12-14B known as the former Younkers’ Department Store site (“Project Site”).

Whereas, the parties wish to amend the Development Agreement as set forth in this First Amendment to the Development Agreement;

Therefore, for good and valuable consideration, the parties do agree and state as follows:

1. Section V (B) of the Development Agreement is deleted in its entirety and restated as follows:

B. The DEVELOPER shall guarantee sufficient tax increment to support payment of the City’s acquisition loan through the State Trust Fund (hereinafter “State Trust Fund Loan”). The State Trust Fund Loan shall be repaid through the taxes realized by the additional tax increment generated by the Project and is further subject to the DEVELOPER’S guarantee. The first payment guaranteed by the Developer shall be the payment in the amount of $116,988.00 due to the primary lender on March 15, 2011 and annually thereafter until March 15, 2027, except in years 2026 and 2027 the payment shall be in the amount of $130,210.57 to account for additional interest incurred by the City as a result of the deferral of two years of payments to the end of the term of the loan.

2. Section V(G) of the Development Agreement is deleted in its entirety and restated as follows:

G. Individual members of the DEVELOPER will provide personal guarantees, attached as Exhibit F hereto and incorporated herein by reference, to the CITY/RDA for the declining principal balance of the TIF Assistance and the declining principal balance of the City Loan, subject to the obligations of RCL and the RCL Parties hereunder. However, the CITY/RDA have no right to recall payment of full amount of the TIF Assistance declining principal balance except as otherwise provided in Section VI.A. herein. The City may recall payment of the City Loan upon Developer’s breach of the City Loan note and its failure to cure such breach within 30 days upon written notice of the City to cure such breach. Each tax year’s TIF Assistance guarantee is limited to an amount equal to the difference between the guaranteed Tax Revenue as depicted in actual debt service which is currently estimated in Column U of Exhibit G. Exhibit G shall be updated to reflect actual borrowings after the projected borrowings have been completed. and the actual real estate tax bill for the Project Site for any given year (hereinafter “the Tax Shortfall”). In the event of a Tax Shortfall, the CITY shall invoice the DEVELOPER, consistent with the provisions of Article V. above, in the amount of that year’s Tax Shortfall with payment due by January 31^st of the year in which the tax bill incurring the Tax Shortfall was realized and due. Should the DEVELOPER fail to pay the invoice(or RCL and the RCL Parties, as the case may be), the Tax Shortfall plus interest accrued at a rate equal to the rate established for Deferred Assessments in January of each year by the Common Council shall be applied as a special charge for the following tax year to the DEVELOPER’s or RCL’s property as such failure relates to the portion of the Project developed by them, respectively.

3. Section V. Financing of the Development shall be amended to add the following:

I. The City and RDA shall loan to developer up to $3.5 Million (hereinafter the “City Loan”) together with additional non-municipal lending in an amount of at least $6.5 Million. The City Loan shall also be subject to a mortgage and note second only to Calumet County Bank. The term of the loan shall be for a period of not more than seven (7) years at interest rate obtained by the City, currently 5.5%, amortized over twenty (20) years with principal and interest due annually in accordance with the amortization schedule issued to the City by the City’s lender. Prior to issuance of funds from the City Loan, Developer shall be current on all City obligations and indebtedness. At closing, Developer shall contribute at least $260,000 in cash equity and present letters of credits from the Children’s Museum of Green Bay, Hagemeister Park, and Stonehouse Development for each of these parties respective purchases in the Project Site. The City Loan funds shall not be disbursed until _after all other sources of lending have been expended and will be reimbursed after Calumet County has been paid in full. Disbursement of funds shall be handled by Green Bay Title Company and only upon Developer providing proof of expenses with copies of invoices.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed on the ___ day of April, 2009.

Redevelopment Authority of the City of Green Bay

_____________________________

Harry Maier, Chairman

_____________________________

P. Robert Strong, Executive Director

City of Green Bay

__________________________

James J. Schmitt, Mayor

__________________________

Chad Weininger, Clerk

River Vision Partnership, LLC

Vetter Denk Properties, LLC

_________________________________

John Vetter, Its Member

Green River, LLC

_________________________________

Timothy Dixon, Its Member

River Center Lofts, LLC

By: River Center Manager, LLC

Its: Manager

By: Stone House Milwaukee, Inc.

Its: Manager

_________

Richard B. Arnesen, Vice President

RESOLUTION AUTHORIZING CONTINUATION

OF THE CITY’S SELF-INSURED

WORKER’S COMPENSATION PROGRAM

April 8, 2009

BY THE COMMON COUNCIL OF THE CITY OF GREEN BAY:

WHEREAS, the City of Green Bay is a qualified political subdivision of the State of Wisconsin; and

WHEREAS, the Wisconsin Worker’s Compensation Act (Act) provides that employers covered by the Act either insure their liability with worker’s compensation insurance carriers authorized to do business in Wisconsin or to be exempted (self-insured) from insuring liabilities with a carrier and thereby assuming the responsibility for its own worker’s compensation risk and payment; and

WHEREAS, the State and its political subdivisions may self-insure worker’s compensation without a special order from the Department of Workforce Development (Department) if they agree to report faithfully all compensible injuries and agree to comply with the Act and rules of the Department; and

WHEREAS, the Claims Committee for the City of Green Bay, at its meeting on April 7, 2009, approved the continuation of the self-insured worker’s compensation program in compliance with Wisconsin Administrative Code DWD 80.60(3).

NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Green Bay does resolve as follows:

1. Provide for the continuation of a self-insured worker’s compensation program that is currently in effect.

2. Authorize the Clerk to forward certified copies of this resolution to the Worker’s Compensation Division of the Wisconsin Department of Workforce Development.

Adopted April 8, 2009

Approved April 9, 2009

James J. Schmitt

Mayor

Chad J. Weininger

Clerk

RESOLUTION ENDORSING THE RECLASSIFICATION

OF UNITED STATES HIGHWAY 41 (USH 41)

TO INTERSTATE HIGHWAY 55 (I-55)

April 8, 2009

BY THE COMMON COUNCIL OF THE CITY OF GREEN BAY:

WHEREAS, the Wisconsin Department of Transportation (WisDOT) has indicated United States Highway 41 (USH 41) will be reclassified as an Interstate Highway in the next few years; and

WHEREAS, WisDOT has indicated one of the numerical reclassifications being considered is I-55; and

WHEREAS, I-55 provides direct access to the following metropolitan areas: Chicago, St. Louis, Memphis and New Orleans; and

WHEREAS, the City of Green Bay believes reclassification of USH 41 to I-55 will provide a marketing advantage to the community due to its national recognition; and

WHEREAS, the City of Green Bay’s Advisory Committee has endorsed the reclassification of USH 41 to I-55 and encourages WisDOT to designate I-55 as “Old USH 41” or “Historic USH 41” and identify such designation with appropriate signage and references.

NOW, THEREFORE, BE IT RESOLVED that the City of Green Bay, Brown County, Wisconsin hereby formally requests the State Department of Transportation (WisDOT), our United States Senatorial and Representative delegation and our State of Wisconsin Senatorial and Representative delegation support the City of Green Bay’s effort to reclassify USH 41 to I-55 and support the reclassification on an expedited basis.

Adopted April 8, 2009

Approved April 9, 2009

James J. Schmitt

Mayor

Chad J. Weininger

Clerk

FINAL RESOLUTION AUTHORIZING

ASPHALT RESURFACING IMPROVEMENTS AND

LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTY

April 8, 2009

WHEREAS, the Improvement & Service Committee of the City of Green Bay, Wisconsin, held a public hearing at the City Hall at 6:30 p.m. on the 24th day of March 2009 for the purpose of hearing all interested persons concerning the preliminary resolution and Report of the Director of Public Works on the proposed improvement and has heard all persons desiring audience at such hearings on the following streets or portion of streets:

APPIAN WAY - Deckner Avenue to Cliffview Drive

ARNOLD DRIVE - Biemeret Street to Kennedy Drive

BEECH TREE COURT - Beech Tree Drive to cul-de-sac east

BEECH TREE DRIVE - Ninth Street to West Point Terrace

CANARY LANE - He-Nis-Ra Lane to Whippoorwill Drive

CAREFUL COURT - Kennedy Drive to cul-de-sac south

CASS STREET - Roosevelt Street to Irwin Avenue

CHESTNUT AVENUE - Dousman Street to Elmore Street

CLAY STREET - Grignon Street to south city limits

FERN LANE - Wayfarer Way to Bader Street

KENNEDY DRIVE - Arnold Drive to 230' W of Careful Court

MT. MARY CIRCLE - St. Anthony Drive to north end

SCHOEN STREET - Main Street to E. Mason Street

ST. ANTHONY DRIVE - 200' E of University Avenue to 200' E of Mt. Mary Drive

STRAWBERRY LANE - Oakwood Drive to Mulberry Lane

VALORANE BLVD - He-Nis-Ra Lane to Oakwood Drive

WESLEY AVENUE - Jamesford Avenue to Hillside Lane

NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF GREEN BAY:

1. That the Report of the Director of Public Works pertaining to the construction of the above described improvement, including plans and specifications therefore as modified, having been reviewed and discussed by members of the Improvement and Service Committee, is hereby adopted and approved.

2. That the Improvement & Service Committee is directed to advertise for bids and to carry out the work of such improvements in accordance with the Report of the Director of Public Works as approved and authorized by the appropriate Committee.

3. That the payment for improvements be made by assessing the cost to the property as indicated in said Report of the Director of Public Works.

4. That the assessments shown on and confirmed by the Report of the Director of Public Works as modified are true and correct, and found to be in the public interest are hereby confirmed.

5. That those special assessments not paid in cash shall be payable to the City of Green Bay in five (5) annual installments with interest thereon at the rate of six and three-quarters percent (6.75%) per annum.

6. That the City Clerk shall be directed to publish this resolution in the official newspaper of the City of Green Bay.

7. That the City Clerk shall be further directed to mail a copy of this resolution to every property owner whose name appears on the assessment roll, whose post office address is known, or can with reasonable diligence be ascertained.

Adopted April 8, 2009

Approved: April 9, 2009

James J. Schmitt

Mayor

ATTEST:

Chad J. Weininger

City Clerk

ORDINANCES - FIRST READING

GENERAL ORDINANCE NO. 10-09

AN ORDINANCE

CREATING SECTION 27.614,

GREEN BAY MUNICIPAL CODE,

REGARDING DAMAGE TO

PROPERTY BY TENANTS

THE COMMON COUNCIL OF THE CITY OF GREEN BAY DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 27.614, Green Bay Municipal Code, is hereby created as follows:

27.614 DAMAGE TO PROPERTY BY TENANTS.

(1) It shall be unlawful for any person leasing, renting or in possession of the property of another, whether real or personal, to intentionally cause or knowingly permit such property to be materially damaged, defaced, or destroyed without the owner's consent.

(2) Materially damaged, defaced or destroyed means that the property is reduced in value beyond normal wear and tear. For the purposes of this subsection, property is reduced in value by the amount which it would cost either to repair or replace it, whichever is less.

(3) In any prosecution under this subsection, proof that the property has been materially damaged, defaced or destroyed without the owner's consent shall be prima facie evidence that the tenant, lessee or person in possession of the property of another intentionally caused or knowingly permitted such property to be materially damaged, defaced or destroyed.

(4) Any person who violates this subsection shall be subject to a forfeiture of not more than $1,000.00, together with the costs of prosecution.

SECTION 2. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed.

SECTION 3. This ordinance shall take effect on and after its passage and publication.

Dated at Green Bay, Wisconsin this ______ day of , 2009.

APPROVED:

Mayor

ATTEST:

Clerk

Moved by Ald. Deneys and seconded Ald. Piton to suspend the rules for the purpose of advancing the ordinance to the third reading. Motion carried.
Moved by Ald. Piton, seconded by Ald. Deneys to advance the ordinance to the third reading. Motion carried.

GENERAL ORDINANCE NO. 11-09

AN ORDINANCE

CREATING CHAPTER 13-2100,

SPECIAL PURPOSE DISTRICTS,

GREEN BAY MUNICIPAL CODE

THE COMMON COUNCIL OF THE CITY OF GREEN BAY DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 13-2100, Special Purpose Districts, Green Bay Municipal Code, is hereby created. A copy of Chapter 13-2100 is attached hereto.

SECTION 2. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed.

SECTION 3. This ordinance shall not take effect until a public hearing is held thereon as provided by Section 13-204, Green Bay Municipal Code, and the adoption and publication of this ordinance.

Dated at Green Bay, Wisconsin, this ______ day of , 2009.

APPROVED:

Mayor

ATTEST:

Clerk

04/08/09

Attachment

CHAPTER 13-2100. SPECIAL PURPOSE DISTRICTS

SECTION 1. GENERAL PROVISIONS

13-2101. Purpose. Special purpose districts are established to address planning and land use issues and opportunities that go beyond the general purposes of the city’s conventional zoning districts. They are narrowly constructed for the special purposes and unique circumstances defined in the purpose statement for each district and are only to be applied to the unique areas of the city that align with the stated purpose and siting criteria. The special purpose districts are as follows:

(a) The Special Purpose-Residential Light Industrial (S-RLI) District is a mixed-use district, meaning that it is intended to encourage a mix of compatible land uses in a variety of locations and scales in order to preserve and enhance the vitality of the neighborhood. The overall intent for land uses in the S-RLI District is to allow the continuation and limited expansion of existing single- and two- family residential uses, to allow the addition of attached or accessory residential uses (live-work unit, dwelling in conjunction with a business, etc.) where they enhance the vitality of a commercial or industrial use, to allow very limited new residential uses, and to allow a carefully selected set of commercial and light industrial uses that will be compatible with the existing and anticipated housing in the area. Other compatible uses may also be allowed where they are consistent with the overall purpose of the District. Because of the wide range of uses particular to the S-RLI mixed-use District, careful site design and adherence to the applicable land use performance standards (refer to Chapter 13-500, Section 9) are especially important. The S-RLI District is not an overlay zone, but rather completely replaces the underlying zoning where it is adopted. Overlay zones could then be applied in addition to the S-RLI District.

(1) Siting Criteria. The S-RLI District may be applied to neighborhoods with the following characteristics:

a. A wide array of land uses, from single-family residential to commercial and light industrial, intermixed within close proximity to each other

b. Close proximity to an intensive industrial or manufacturing area imparting to the mixed-use neighborhood significant potential for commercial and industrial redevelopment over the long term

c. Signs of decline at the time of rezoning which might include blighted properties, increased crime, decreased owner-occupancy, and the like, that need to be immediately addressed for reasons of protecting public health, safety, and welfare and for stabilizing property values

d. Very old housing stock, much of which pre-dates zoning, but with a substantial proportion that has been well-maintained

e. Geographic isolation due to natural features and transportation corridors, such as arterial streets and railroads, which limit to some extent service provision and amenities

(2) In addition, the purpose of the S-RLI District is:

a. To be applied as an intermediate measure due to the near-term infeasibility of public redevelopment. While redevelopment for commercial and light industrial uses remains as the long range plan, public funding is not available in the foreseeable future. Certain features of this District are intended to preserve the ability to allow for such redevelopment should it become feasible in the future while not penalizing the property owners that wish to continue using existing properties.

b. To encourage home ownership and owner-occupancy by making existing one- and two-family residential properties conforming uses that can be maintained and rebuilt subject to the requirements of this Chapter, and in some cases, expanded. However, the S-RLI District does not affect the Floodplain Zoning (refer to Chapter 13-1300) that may also apply. Structures and uses in the S-RLI District that are nonconforming due to the presence of floodplain must comply with the applicable Floodplain Zoning regulations.

c. To encourage and preserve commercial and light industrial redevelopment as a long term strategy by limiting new residential construction and by recognizing the right of commercial and industrial uses to operate within the established land use performance standards for glare, heat, vibration, noise, odor, air quality, explosion/fire hazard, waste discharge, and pollution.

d. To support the vitality of the neighborhood by allowing for quality, affordable housing to be located within walking distance of employment opportunities.

e. To encourage innovative site and building design that allows for a unique mix of land uses in a way that does not lead to land use conflicts.

13-2102. Principal uses for the special purpose districts.

(a) In general. Table 21-1, Principal Uses in the Special Purpose Districts, lists all permitted and conditional uses allowed in the special purpose districts.

(b) Permitted uses. Uses specified with a “P” are permitted in the district or districts where designated, provided that the use complies with all other applicable provisions of this ordinance. Persons wishing to establish or modify a permitted use, excluding existing single-family residential uses, shall obtain a zoning certificate for such use as specified in Chapter 13-200, Administration. Condominiums are permitted in all districts where residential uses are allowed per State Statute 703.

(c) Conditional uses. Uses specified with a “C” are allowed as a conditional use in the district or districts where designated, provided that the use complies with all other applicable provisions of this ordinance. Persons wishing to establish or expand a conditional use shall obtain a conditional use permit for such use as specified in Chapter 13-200, Administration.

(d) Prohibited uses. Any use not listed as either “P” (permitted) or “C” (conditional) in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted or conditional shall be prohibited in that district. Such determination shall be made in the manner provided for in Chapter 13-200, Administration, governing determination of substantially similar uses.

(e) Specific development standards. Permitted and conditional uses specified with an “X” under the Development Standards column shall be subject to the standards identified in this Chapter and in Chapter 13-1600, Development Standards.

Table 21-1. Principle Uses in the Special Purpose Districts

Use Residential Uses	S-RLI	Dev. Stds.
Dwellings
Existing single-family dwelling, detached	P	X
New single-family dwelling, detached	C	X (same as R1)
Existing two-family dwelling, duplex or semi-detached	P	X
New two-family dwelling, duplex or semi-detached	C	X (same as R1)
Multiple-family dwelling	-
Single-family attached dwelling, townhouse	C	X
Carriage house dwelling	P	X
Live-work unit	P	X
Dwelling in conjunction with business	P	X
Congregate Living Uses	-

Institutional and Civic Uses
Community center	P
Public park	P
Religious institution	P	X
Clinic, medical office, healthcare facility	C	X (same as OR)
Educational Uses
Family daycare home (8 or fewer children)	C	X
Group daycare center (9 or more children)	C	X
All other educational uses	-

Public Service and Utilities
Public safety/service facility	P	X
Telecommunication facility	C	X
Governmental buildings and structures	P
Substation/distribution equipment	C

Office Uses
General office	P
Government office	P
Bank or other financial institution	-
Artist’s studio	P

Commercial Uses
Accommodation and Food Service
Restaurant,* not including drive-through	P
Restaurant,* including drive through	-
Tavern, bar*	C

Service Businesses
Personal service**	C
Business service**	P
Building maintenance, janitorial service	P
Catering service	P
Laundromat	P
Printing and publishing establishment	P
Small appliance repair service	P
Tool/equipment rental facility	P
Animal hospital, veterinary clinic	P	X
Animal grooming establishment	P	X
Animal boarding facility, kennel	P	X

Retail Sales
General retail sales**	C
Building material sales	P
Contractor showroom	P
Firearms sales and service	C	X
Greenhouse, garden supply store	C
Pawnshop	C
Commercial Recreation and Entertainment Uses	-

Vehicle Services
Automobile rental	P	X
Automobile sales	-
Convenience store	C
Fuel/gas/service station	C	X
Motor vehicle repair, major	C	X
Motor vehicle repair, minor	C	X
Surface parking lot (principal use)	P	X
Drive-through facility (as an accessory)	C	X

Production, Processing, and Storage
Agricultural uses	-
Limited production and processing (as accessory to retail sales)**	P	X
Light industrial uses**	P
General industrial uses**	-
Heavy industrial uses**	-
Concrete, asphalt, and rock crushing facility	-
Contractor yard	C
Dry cleaning establishment, commercial laundry	P
Research and development facility	P
Recycling facility	-
Auto salvage yard, scrap yard	-
Self service storage facility	C	X
Wholesale and distribution facility	P

Transportation Uses
Ground transportation service	P
Motor freight terminal	C
Package delivery service	P
Railroad switching yards and freight terminal	-
Ship terminal or docking facility	-

Note: P = Permitted Use; C = Conditional Use

* Any establishment at which primarily alcoholic beverages are served must also meet the requirements of the Green Bay Municipal Code, Chapter 6 – Licenses & Permits.

** See definitions section for list of uses.

13-2103. S-RLI District Policy – The Right of Industry. The City of Green Bay permits properly conducted industrial operations. Owners of property and residents in areas zoned S-RLI should expect that they will be subject to conditions arising from such industrial operations. Conditions may include, but are not limited to exposure to: noise, lights, vehicle traffic including heavy trucks, occasional dust, occasional vibration, late and early hours of operation, and the like. The conditions described may occur as a result of any industrial operation which is in conformance with accepted customs, standards, laws, and regulations. Residents in areas zoned S-RLI should be prepared to accept such conditions as a normal and necessary aspect of living in an area with a history of industrial land uses and an active industrial sector. This policy does not exempt any land use from meeting the performance standards of the Zoning Ordinance, the prohibitions of the Nuisance Ordinance, the applicable conditions of site plan or permit approval, the applicable regulations of the WDNR or EPA, or any other applicable law.

13-2104. Combination of uses on a lot.

(a) S-RLI District. Combination of uses may be allowed in the S-RLI District. If the principle or primary use is other than a one- or two-family residence, permitted and conditional uses may be combined on a parcel or within a building, provided that all uses meet all other applicable provisions of this ordinance, including any specific development standards. Combination of uses where the principle or primary use of a parcel or building is a one- or two-family residence is only permissible for the specific mixed uses allowed by this Chapter: live-work unit or home occupation.

13-2105. Use restrictions in S-RLI District.

(a) Regulation of transitional land uses.

(1) Residential lots resulting from new land divisions or lot combinations shall not exceed 10,000 square feet in order to preserve land for commercial and industrial uses.

(2) The conversion of commercial or industrial buildings to residential is not permitted, except where a commercial or industrial use is maintained in the building and the residential use is permissible as a live-work unit or dwelling in conjunction with a business.

(3) The conversion of commercial or industrial buildings to residential is not permitted, except that such a building with residential architecture may be approved for conversion back to a residential use with conditional use permit approval.

(4) The conversion of residential buildings to allowed commercial or industrial uses may be permissible if the change in use complies with Building Code requirements and all other applicable regulations.

(b) Expansion of existing residential uses.

(1) Expansion of existing residential is limited to a maximum of 500 square feet (gross floor area) as a permitted use. A conditional use is required if larger.

(2) Expansion of an existing residence shall not be permitted unless the existing structure is in good repair and in compliance with all applicable requirements of the Building Code. Expansion may be permitted concurrently with rehabilitation and improvements that will bring the entire structure into code compliance and a condition of good repair.

(1) “New” residential use shall be defined as any of the following:

a. Construction of a dwelling (regardless of the type) where the parcel had been vacant prior to April 25, 2009 (effective date of this ordinance).

b. Construction or rehabilitation of a dwelling where the existing dwelling has fallen into a state of disrepair to the point that it has been subject to a raze order issued by the City

c. Construction of a dwelling on a parcel that became vacant after the effective date of this ordinance and remained vacant for more than twelve months.

(2) Other residential uses not defined as a “new” residential uses shall be defined as “existing” residential uses. It is intended that an existing residential use can be entirely reconstructed without losing its status as existing residential as long as the property is not vacant for more than 12 months, has not been subject to a raze order issued by the City, and can be modified, repaired, or reconstructed in compliance with all other applicable codes and ordinances.

(3) New residential uses may only be granted a conditional use if the Plan Commission and City Council find that:

a. The residential use is located in a predominantly residential area

b. The residential use will not adversely affect commercial and industrial uses in the area

c. The residential use will not be subject to excessive noise, smoke, dust, noxious odor, toxic materials, safety hazards, or other adverse impacts from current or previous commercial or manufacturing uses

d. The residential use will not impair the future use or development of commercial and manufacturing zoning lots.

(4) New residential uses shall fit in with the scale and design of surrounding residential uses.

(5) A copy of the “Right of Industry Policy” shall be provided by the owner/seller to the buyer and occupants of new residential uses in advance of purchase and occupancy.

(6) Consistent with the purpose of this District, owner-occupancy of new single-family and (at least one unit of) new two-family residential uses is preferred, but not required, and may be taken into consideration in deciding the conditional use.

(7) For new single- and two-family dwellings, the minimum building width on any side shall be at least twenty-two (22) feet, not including any entryways or other structures that do not run the full length of the building.

13-2106. Outdoor storage in S-RLI District.

(a) Outdoor storage shall be completely screened from any adjacent street, sidewalk, public walkway, public park, or residential property, in compliance with the screening requirements of this Chapter.

(b) Temporary retail display. Retail merchandise may be displayed on a temporary basis when accessory to a permitted or conditional use. Display areas may be located on the sidewalk immediately in front of the principal building or elsewhere on the site, provided that such display does not interfere with pedestrian or vehicle traffic in conflict with other sections of the municipal code or encroach upon landscaped areas. A temporary use permit shall be required, as specified in Chapter 13-500.

13-2107. Site design considerations in S-RLI District.

(a) Development of land within the S-RLI District shall follow these standards, as well as those specified in Chapter 13-1600, Land Use Development Standards, and Chapter 13-1800, Site Plan Review.

(1) Nonresidential building materials. All nonresidential building facades shall be designed with architecturally-finished materials. Durable materials, such as masonry or stucco, shall be used on all street-facing facades.

(2) All subsequent additions and outbuildings constructed after the erection of an original building or buildings shall be constructed of comparable materials and designed in a manner consistent with the original design, unless the entire building is being renovated.

(3) Service areas shall be screened with an approved combination of berms, landscaping, and walls or fences architecturally complementary to the principal building.