MINUTES OF THE COMMON COUNCIL

TUESDAY, OCTOBER 20, 2009, 7:00 P.M.
UWGB STUDENT UNION
PHOENIX ROOM B (ROOM 213)

Welcoming by UW-Green Bay Chancellor Thomas K. Harden.

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.

Boy Scout Troop 1041 presented the colors and led the Pledge of Allegiance.

Mayor Schmitt led the invocation.

Moved by Ald. DeWane, seconded by Ald. Deneys to approve the minutes of the October 6, 2009, meeting. Motion carried.

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

PUBLIC HEARING

Zoning Ordinance No. 13-09
An ordinance rezoning property located at 822 Grignon Street from Low Density Residential (R1) District to Varied Density Residential (R3) District. (Item #18)

No one appeared.

RE-APPOINTMENTS BY THE MAYOR

City of Green Bay/Town of Scott Joint Plan Commission
Timothy Gilbert, 1118 Lark Street

Traffic Commission
Bradley Hopp, 1021 Suydam Street

Board of Review
Richard Laurent, 538 Robert Lane

Moved by Ald. DeWane, seconded by Ald. Deneys to confirm the appointments. Motion carried.

PETITIONS & COMMUNICATIONS

ADVISORY COMMITTEE

Request by Ald. Kocha to consider and take action on a possible resolution showing Council support for the development of the East River Trail connection to the Fox River Trail.

DEPARTMENT OF PUBLIC WORKS

Request by Ald. Weber that the City do a cost estimate for converting the lighting on the Walnut Street Bridge to L.E.D. lighting with the capability of changing the color to fit the seasons or the events being held on the City Deck, Leicht Park, Veterans Memorial Park or any City function/celebration.

Request by Ald. DeWane to study the possibility of having high school students paint murals on the Walnut Street walkway.

IMPROVEMENT & SERVICE COMMITTEE

Request by Ald. Jeffreys to allow the Daily Buzz to put up a 10' x 10' tent on the sidewalk during the Holiday Parade.

Application for a Tree & Brush Trimmer License by Jason's Tree Service, LLC.

Request by Ald. VanderLeest to have a sidewalk study for W. Mason Street from Military Avenue to Taylor Street.

IMPROVEMENT & SERVICE COMMITTEE

& TRAFFIC COMMISSION

Request by Ald. Wiezbiskie to consider providing bicycle/pedestrian paths throughout the I-43 Business District.

MAYOR'S OFFICE

Request by Ald. DeWane to hold the next Council meeting at Preble High School.

PARK COMMITTEE

Request by Ald. VanderLeest to have the Forestry Department review the conservancy behind Beaver Dam Drive for diseased or dying trees.

PLAN COMMISSION

Request by Ald. Kocha to investigate whether the portion of Cedar Street between St. George St. and the Fox River was ever properly vacated.

PLAN COMMISSION

& PARK COMMITTEE

Request by Ald. Kocha to consider use of one of four units of the building at Stuart and Jackson Streets, which has been designated as the future Navarino Park Shelter, as a meeting and gathering space for the Navarino Neighborhood Association.

PROTECTION & WELFARE COMMITTEE

Application for a Class "B" Beverage License by Cat & Jim's, LLC at 1425 Main Street.

Application for an available Class "B" Combination License by LaChiquita, LLC at 1464 University Avenue.

Application for an Entertainment Facility License by Everardo Curiel at 214 S. Webster Avenue.

Appeal by Todd Olp to the denial of his Operator License application.

Appeal by David VanderLeest to the charge that his property at 501-507 S. Maple Avenue is a City nuisance.

Notice of the change of agent for Kwik Trip at 1712 E. Mason Street.

Sworn citizen complaint against Vicenzi's by Jacqueline Frank and Timothy Noll.

Request by Ald. Deneys, on behalf of Ryan Ward, for a permit to allow a haunted house at 507 N. Broadway.

Request by Ald. Kocha to compare the Green Bay Noise Ordinance to that of Nashville, TN for the purpose of considering stronger penalties and better enforcement.

TRAFFIC COMMISSION

Request by Ald. Wery for a study of the intersection of Dousman/Platten for a 4-way stop.

Request by Ald. VanderLeest to review the traffic light at Taylor/Mason Street.

Request by Ald. Piton, on behalf of the St. Vincent de Paul Board of Directors, to consider "No Parking" signs in front of 1529 Leo Frigo Way.

Request by Ald. Kocha to consider whether the traffic light at Crooks Street and Webster Avenue is still warranted.

Moved by Ald. DeWane, seconded by Ald. Deneys to refer the petitions and communications to the appropriate Committee or Commission. Motion carried.
Moved by Ald. Deneys, seconded by Ald. Weber to allow the Protection & Welfare Committee to be the final approving authority for the request for a temporary use permit to allow a haunted house at 507 N. Broadway. Motion carried.

REPORTS FOR COUNCIL ACTION

REPORT OF THE GREEN BAY ECONOMIC DEVELOPMENT

AUTHORITY MEETING

October 20, 2009

The Economic Development Authority having met on Wednesday, October 14, 2009, considered all matters on its agenda and wishes to report and recommend the following:

1. The Economic Development Authority recommended on acceptance of $1,003,000 Energy Efficiency and Conservation Block Grant (EECBG).

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

REPORT OF THE GREEN BAY PLAN COMMISSION

OCTOBER 20, 2009

The Green Bay Plan Commission, having met on Monday, October 12, 2009, considered all matters on its agenda and wishes to report and recommend the following:

1. To refer to staff, the request by Ald. Zima on behalf of area businesses that the sign ordinance be changed to allow business flags on a permanent basis.

2. To approve the request for a modification (variance) of the Subdivision Code requirements to allow the conversion of the Highland Oaks condominium plat to a conventional subdivision with existing lots fronting on the existing private road. The property is located near the intersection of North Huron Road and Highland Center Drive. (VR 09-01) The approval would be subject to the following conditions:

A. A homeowners association shall be maintained, which includes all the subject parcels and which ensures that sufficient funds are collected for the proper maintenance and eventual reconstruction of the private drive and private utilities shared by the association. The rules and bylaws of the association shall be submitted for review and approval by city staff and shall be recorded with the approved subdivision plat.

B. The private drive shall be maintained as a paved surface of adequate width to allow two oncoming vehicles normally found in association with residential neighborhoods to safely pass without leaving the paved surface.

C. The street and utilities are to remain privately owned and maintained unless the street, utilities, and all related appurtenances are constructed to city standards at the cost of the homeowners association and the required right-of-way dedicated to the city. The city reserves the right to decline with cause acceptance any street, utility, or right-of-way.

D. There shall be no more than seven dwelling units and no further division of the subject property unless the street, utilities, and all related appurtenances are constructed to city standards at the cost of the homeowners association and the required right-of-way dedicated to the city. Under this condition, any future division shall meet all other requirements of the Subdivision and Platting Code.

E. Approval of the subdivision shall be subject to dedication of any easement or other minor modification required by the city, private utility, or other reviewing agency that is necessary to protect the public interest and uphold the intent of the Subdivision and Platting ordinance.

3. To adopt the ordinance revisions for Home-Based Occupations. (TA 09-07)

4. To approve the request to obtain a Conditional Use Permit for a single family home in an Office-Residential District (OR) located at 136 North Maple Avenue, submitted by Mary Elizabeth and Dean VonDras, property owners. (ZP 09-32) The approval is subject to the following conditions:

A. Compliance with all other regulations of the Green Bay Municipal Code not covered under the Conditional Use Permit, including standard site plan review and approval.

B. Continuance of similar style of architecture, exterior construction material, and color throughout the primary structure, unless complete exterior rehabilitation is completed.

5. To approve the request from the Park Committee to amend the Official Map by adding parcels 212 S. Van Buren Street and 213-215 S. Jackson Street to the proposed parkland designation. (OMA 09-01) Approval is recommended subject to:

A. Rezone parcels 14-696 (213-215 S. Jackson Street) and 14-683 (212 S. Van Buren Street) to the PI - Public Institutional district.

B. Amending the Smart Growth 2022 Comprehensive Plan Future Land Use Map to reflect the proposed park designation by

a. Adding to the “Park” classification and by removing from the “Low/Medium Density Housing” classification the following parcels:

i. 14-696

ii. 14-695

iii. 14-694

iv. 14-693

v. 14-692

vi. 14-691

vii. 14-690

viii. 14-689

ix. 14-688

x. 14-687

xi. 14-686

xii. 14-685

xiii. 14-684

xiv. 14-683

b. Adding to the “Low/Medium Density Housing” classification and by removing from the “Park” classification the following parcels:

i. 14-673

ii. 14-672

iii. 14-659

iv. 14-660

6. To approve the request of the Planning staff to amend Chapter 13 to permit Health Clubs and Fitness Centers in the General Commercial (C1) District. (TA 09-10)

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

Report of the GREEN BAY Redevelopment Authority

October 20, 2009

The Green Bay Redevelopment Authority, having met on Tuesday, October 13, 2009, considered all matters on its agenda and wishes to report and recommend the following:

1. The Redevelopment Authority recommends approval of the 2010-2014 Five Year Consolidated Strategy Plan and the 2010 Annual Action Plan. The Annual Action Plan and Five Year Consolidated Plan guide the use of the federally funded Community Development Block Grant (CDBG) Funds and HOME Funds for the City of Green Bay. The CDBG and HOME program initiatives include furthering fair housing, providing quality, affordable housing for low-income persons, economic expansion, and public improvements to the City.

The Redevelopment Authority completed its review of allocations for use of the fiscal year 2010 CDBG and HOME funds as outlined in the 2010 Annual Action Plan. The Redevelopment Authority recommends that the Council approve the 2010 CDBG and HOME budgets as attached.

The funding amount was based on an estimated 2010 grant amount plus program income for a total of $1,245,320 for CDBG and $758,844 for HOME. This estimation is based on funding forecasts from the U.S. Department of Housing and Urban Development Office in Milwaukee and past allocations. Program income was estimated at $237,500 for the CDBG Program from community development, housing rehabilitation loan repayments, sale of property, and Economic Development Revolving Loan Fund. Program income of $116,000 was estimated for the HOME Program from housing rehabilitation loan repayments and sale of housing.

After Council approval of a budget, a draft Annual Action Plan for fiscal year 2010 will be prepared and released for a 30-day comment period. On December 1, 2009, the Plan will come back to the Council for consideration of any comments received and final adoption. The Annual Action Plan for fiscal year 2010 and 2010-2014 Consolidated Plan will be submitted to the Department of Housing and Urban Development around December 15, 2009. Funds are expected to be released to the City of Green Bay around June 1, 2010. If you have any questions, comments, or concerns about the 2010 Annual Action Plan or the 2010-2014 Consolidated Plan, please address those at the October 20, 2009, Common Council meeting. Changes made to these plans at the December 1, 2009, meeting of the Common Council will delay the approval of these plans and could result in loss or delay of 2010 funding.

2. The Authority approved the Development Agreement (copy attached) with Wisconsin Housing Preservation Corp. and Green Bay Senior Apartments, LLC for development of new elderly housing and redevelopment of the Port Plaza Tower property. It is recommended that the City Council approve the Development Agreement.

3. The Authority approved the request to use Neighborhood Enhancement funds up to $20,000 to preserve the historical property at 410 Bond Street by relocating it to Heritage Hill State Park with the ability to proceed with Chapter 32 condemnation if necessary, subject to Law Department approval. Motion carried.

2010 CDBG and HOME ALLOCATIONS

Project #	Project Name	Allocation Amount	Program Income	TOTAL
10-02	Park Projects	$150,000.00	$0.00	$150,000.00
10-03	DPW Sidewalks	$60,000.00	$0.00	$60,000.00
10-03	DPW Alleys	$90,000.00	$0.00	$90,000.00
10-07	Homebuyer Counseling (Public Service)	$10,000.00	$0.00	$10,000.00
10-08	CSI Program (Public Service)	$110,000.00	$0.00	$110,000.00
10-09	Juvenille Crime Prevention (Public Service)	$10,000.00	$0.00	$10,000.00
10-11	Neighborhood Preservation Inspector (Public Service)	$10,000.00	$20,000.00	$30,000.00
10-16	Fair Housing Services (Public Service)	$10,000.00	$0.00	$10,000.00
	Impact Areas	$208,756.00	$111,500.00	$320,256.00
10-25	Economic Development Revolving Loan Fund	$100,000.00	$106,000.00 (ED Program Income)	$206,000.00
10-41	CDBG Administration*	$249,064.00	$0.00	$249,064.00
	TOTALS	$1,007,820.00	$237,500.00	$1,245,320.00
2010 CDBG Allocation - $1,007,820.00
2010 Estimated Program Income $237,500.00		($106,000 for ED projects)
TOTAL $1,245,320.00
*Administration will also be funded with money remaining from 2009 CDBG administration account.
Project #	Project Name	Allocation Amount	Program Income	TOTALS
H09-05	CHDO	$150,000.00	$0.00	$150,000.00
H09-02	Single Family Rehab Loan Program	$125,000.00	$116,000.00	$241,000.00
	Impact Areas	$91,960.00	$0.00	$91,960.00
H09-41	HOME Administration	$75,884.00	$0.00	$75,884.00
H09-06	Homebuyer Assistance	$200,000.00	$0.00	$200,000.00
	TOTALS	$642,844.00	$116,000.00	$758,844.00
2010 HOME Allocation $642,844.00
2010 Estimated Program Income $116,000.00
TOTAL $758,844.00

DEVELOPMENT AGREEMENT

This DEVELOPMENT AGREEMENT (the “Agreement’), is made and entered into this _____ day of October, 2009, by and among the REDEVELOPMENT AUTHORITY OF THE CITY OF GREEN BAY, a Wisconsin municipal corporation (“RDA”); the CITY OF GREEN BAY (“City”); WISCONSIN HOUSING PRESERVATION CORP., a Wisconsin nonstock corporation (“WHPC”), and GREEN BAY SENIOR APARTMENTS, LLC, a Wisconsin limited liability company (“Developer”). The RDA, City, WHPC and Developer may sometimes be referred to individually as a “Party” and collectively as the “Parties”.

WlTNESSETH:

WHEREAS, Developer intends to purchase from the RDA and develop a portion of the property legally described on Exhibit A attached hereto and incorporated herein by reference. The property described on Exhibit A is sometimes hereinafter referred to as the “Subject Property”; and

WHEREAS, the Subject Property consists of approximately 4.7 acres, and is presently situated within the corporate boundaries of the City; and

WHEREAS, WHPC is the owner of the multifamily housing project commonly known as “Port Plaza Towers” which is located at 304 North Adams Street, Green Bay, Wisconsin, and legally described on Exhibit B, attached hereto and incorporated by reference (the “Port Plaza Towers Property”);

WHEREAS, the City desires to facilitate the historic restoration of the Port Plaza Towers Property as part of its redevelopment plans for downtown Green Bay; and

WHEREAS, WHPC working in cooperation with the RDA and the City, has successfully secured $2.3 million in housing tax credits to facilitate the construction of two housing developments to which the Port Plaza Towers Property tenants will be relocated; and

WHEREAS, the Brown County Housing Authority has committed 150 project based housing choice vouchers to assist in the relocation of the Port Plaza Towers Property tenants, and

WHEREAS, WHPC is willing to sell the Port Plaza Towers Property and relocate the Port Plaza Towers Apartment residents to two new multifamily housing projects to be constructed by the Developer on the Subject Property and a second property acquired privately by the Developer located on University Avenue in the City of Green Bay; and

WHEREAS, the Developer desires to develop and construct a 70 unit apartment project on a portion of the Subject Property (the “Project”) and 80 units on the University Avenue site; and

WHEREAS, the City acknowledges that this executed Agreement will permit orderly growth, planning and development of the City, will increase the tax base of the City, and will promote and enhance the health, safety and welfare of the City.

NOW, THEREFORE, in consideration of the foregoing premises and in further consideration of the mutual covenants, conditions and agreements herein contained, Developer, WHPC, RDA and City hereby agree as follows:

1. Incorporation of Preambles. The recitals contained in the Preamble hereto are material and are hereby incorporated as a part of this Agreement. Developer, WHPC and the City shall fully cooperate with each other in carrying out the terms of this Agreement. All parties represent that they have full authority to enter into this Agreement pursuant to law.

2. Developer Submittals; Subsequent Approval Process. Developer has submitted a concept plan to the City, prepared by Abacus Architects, Inc., a copy of which is attached hereto and incorporated herein as Exhibit C (“Concept Plan”), which Concept Plan sets forth Developer’s proposed subdivision of the Subject Property into two lots, and which, along with the other Developer submittals that have been submitted with the City, constitutes Developer’s proposed development for the Subject Property. Subject to the terms and conditions hereinafter set forth in this Section 2, and the applicable City ordinances, the City shall prepare a final certified survey map (the “Final CSM”) for the Subject Property. The following conditions are applicable to proposed lots within the Subject Property:

A. Lot 1 Conditions. The proposed Lot 1 depicted within the Concept Plan shall serve as a storm water detention facility, the construction of which shall be performed by the City. The City and Developer, through its agent, Abacus Architects, Inc., have mutually agreed (i) to the location of the storm water detention facility on Lot 1 and (ii) to the plans and specifications to be prepared by the City Engineering Department. The City will charge the Developer a prorated share of the construction costs based upon the impervious surface of the new development. Developer shall maintain, at its sole cost and expense, the area around the storm water pond (grass cutting, litter collection, etc.), but the City shall maintain, at its sole cost and expense, the storm water detention facility itself. The City shall substantially complete construction of the storm water detention facility by May 15, 2010.

B. Lot 2 Conditions. Lot 2 shall be developed pursuant to the approved site plan as a multifamily residential housing project consisting of not more than three stories, with 50 required surface parking stalls. Developer may add in the future an additional 20 surface parking stalls. The housing project is approved for the construction of 70 units.

3. Tenant Relocation. Developer shall be responsible for relocation of all tenants of the Port Plaza Towers Property including all costs and compliance with applicable codes, statutes and regulations.

4. Compliance with City Ordinances. Except as may be otherwise specifically set forth in this Agreement, all development of the Subject Property shall proceed in accordance and full compliance with all applicable ordinances, resolutions, codes and requirements of the City, as the same may be amended or adopted from time to time.

5. Sale of Port Plaza Towers Property. Upon execution of this Agreement, WHPC agrees to allow the City to publicly market the Port Plaza Towers Property to a third party and enter into negotiations with potential buyers and the Developer for sale of the Port Plaza Towers Property. The City does not intend this to be exclusive, but rather general marketing assistance and WHPC may engage in any other marketing or sales contracts it may so desire. WHPC may also market the Port Plaza Towers Property but WHPC shall solicit buyers who have the intention of historically renovating the property into a hotel or other use as agreed in writing by the RDA and WHPC. The RDA and WHPC agree that the list of uses of the Port Plaza Towers Property attached as Exhibit D is acceptable to both parties. Upon the execution of this Agreement, the City shall be permitted to prepare, at its sole cost and expense, a National Register nomination to have the Port Plaza Towers Property placed on the National Register of Historical Places. City and WHPC agree that other than the nomination, no further action will occur on the National Register listing process until all tenants have been relocated unless agreed to otherwise by the parties as provided in Section 3 of this Agreement.

6. Environmental Indemnification. The City hereby agrees to indemnify, defend, and hold Developer and its members harmless from and against, and shall reimburse Developer and its members for, any and all losses, claims, liabilities, damages (including compensatory, consequential and punitive), penalties, costs of remediation, obligations, demands, judgments, suits, injunctive relief, injuries to person, property or natural resources, costs, attorneys fees, expenses, actions or causes of action, resulting or arising from or in connection with (i) Wisconsin Department of Natural Resources case number WDNR BRRTS Activity # 02-05-519940 and reopening of this case, should that ever occur and (ii) any Hazardous Substance located on Lot 2, including the ground under vacated Berger Street. Developer however agrees to minimize disruption of soils to the most reasonable extent possible while in furtherance of its development. The City shall have no indemnity obligation for any violation of an Environmental Law by the Developer or its agents, which violation is the result of Developer or its agents placing, spilling, or dumping any Hazardous Substance on Lot 2.

The foregoing indemnity includes, without limitation, all costs (in law or in equity) of removal, remediation of any kind, and disposal or treatment of any such Hazardous Substance; all investigatory costs and all costs incurred in order to comply with, or remedy any violation of any Environmental Law, all costs associated with claims for damages to persons, property, or natural resources, and Developer's reasonable attorneys' fees, consultants' fees and court costs.

7. Definitions.

A. “Environmental Law” means any applicable current or future federal, state or local, statute, regulation, order, rule, decree, or policy or rule of common law, which regulates or affects environmental, health or safety matters including, without limitation, those related to (i) the treatment, storage, disposal, generation and transportation of any Hazardous Substance (as herein defined); (ii) air, water and noise emissions or pollution; (iii) surface or ground water contamination; (iv) spills, discharges, leaks, emissions, escapes, dumping or other releases or threatened releases of any Hazardous Substance into the environment, whether or not notification or reporting to any governmental agency has occurred or was or is required; (v) the protection of wildlife, marine sanctuaries and wetlands; (vi) the protection of natural resources; (vii) storage tanks, vessels and related equipment; (viii) abandoned or discarded barrels, containers and other receptacles; (ix) reporting and notification regarding any Hazardous Substance;(x) health and safety of employees and other persons; or (xi) otherwise relating to the manufacture, processing, use, distribution, treatment, storage, disposal, transportation, or handling of any Hazardous Substance.

B. "Hazardous Substance" means:

i. any pollutant, contaminant, pesticide, hazardous or extremely hazardous waste, or other hazardous or toxic substance, chemical, waste or material within the meaning of any Environmental Law, including, without limitation, (A) any "hazardous substance" as defined by, or identified in or pursuant to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §9601, et seq., and all amendments thereto and reauthorizations thereof; (B) any "hazardous waste" as defined by, or identified in or pursuant to, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C., §6901, et seq. and all amendments thereto and reauthorizations thereof; (C) any "hazardous material" identified in or pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq., and all amendments thereto and reauthorizations thereof; (D) any chemical substance or mixture regulated under the Toxic Substance Control Act, 15 U.S.C. § 2601 et seq., and all amendments thereto and reauthorizations thereof; (E) any "toxic pollutant" under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., and all amendments thereto and reauthorizations thereof; or (F) any "hazardous air pollutant" under the Clean Air Act, 42 U.S.C. § 7401 et seq., and all amendments thereto and reauthorizations thereof;

ii. petroleum, crude oil or any fraction thereof;

iii. natural gas, natural gas liquids, liquified natural gas (all the foregoing collectively called "Natural Gas Products"), synthetic gas or mixtures of Natural Gas Products and synthetic gas;

iv. any radioactive material, including any source, special nuclear or byproduct material, however produced, as defined in the Atomic Energy Act, 42 U.S.C. §2011 et seq., and amendments thereto and reauthorizations thereof;

v. asbestos-containing materials in any form or condition;

vi. chemicals subject to OSHA Hazard Communication Standard, 29 C.F.R. § 1910.1200 et seq., and amendments thereto and reauthorizations thereof; and

vii. polychlorinated biphenyls.

8. General Provisions.

A. Easement for Public Improvements. The City and Developer shall enter into a storm water drainage and maintenance easement for the benefit of Lot 1. The City and Developer shall enter into the storm water drainage and maintenance easement prior to the commencement of construction of the improvements discussed in Section 2A of this Agreement. The storm water drainage and maintenance easement shall be recorded with the Register of Deeds of Brown County, Wisconsin by the City at the sole cost and expense of the Developer.

B. Purchase of Lot 2 by Third Party. The RDA shall not convey Lot 2 to any third party during the term of this Agreement. Developer may assign its rights to another developer upon written consent of the RDA. In the event Developer defaults on all or any part of this Agreement, Developer shall be given a thirty (30) day period to cure said default. If Developer does not cure said default during the thirty (30) day cure period, the City may take any and all steps necessary to address such default, including, but not limited to, instituting any necessary legal action. If the default is not cured but Developer has acquired the Subject Property, Developer shall convey the Subject Property back to the RDA in the amount of the original purchase price less the RDA and City expenses and costs, including attorney’s fees and costs, incurred in satisfying the City and RDA obligations under this Agreement

C. No Waiver or Relinquishment to Right to Enforce Agreement. The failure of any party to this Agreement to insist upon strict and prompt performance of the terms, covenants, agreements and conditions herein contained, or any of them, upon any other Party imposed, shall not constitute or be construed as a waiver or relinquishment of any Party’s rights, to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. No waiver by the City shall be valid or binding on the City unless it is in writing signed by the City and only to the extent therein set forth.

D. Cumulative Remedies. Unless expressly provided otherwise herein, the rights and remedies of the parties provided for herein shall be cumulative and concurrent and shall include all other rights and remedies available at law or in equity, may be pursued singly, successively or together, at the sole and absolute discretion of either Party and may be exercised as often as occasion therefore shall arise.

E. Other Ordinances, Codes, Rules, Regulations, Resolutions and Applicable Law. Nothing herein contained is intended to relieve Developer of its obligations under the ordinances, codes, rules, regulations, and/or resolutions of the City, except as expressly set forth herein. In addition, wherever this Agreement provides that a particular ordinance, code, rule, regulation or resolution is applicable, said provisions shall also automatically include any other applicable laws and any amendments thereto, except as expressly set forth in this Agreement.

F. Singular and Plural. Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular.

G. Section Headings and Subheadings. All section headings or other headings in this Agreement are for the general aid of the reader and shall not limit the plain meaning or applicability of any of the provisions thereunder whether covered by or relevant to such heading or not.

H. Recording. All ordinances, certified survey maps, and any other agreements and/or documents shall be recorded by the City at the sole cost and expense of the Developer.

I. Developer’s Construction Activities. The Developer agrees to defend and hold the City harmless from any and all claims which may arise out of any construction activities on the Subject Property (excluding existing environmental matters as provided in Section 6 above), except those which are conducted by the City or the City’s employees or agents from which the City agrees to defend and hold Developer harmless.

J. Public Improvements. Unless otherwise provided herein, the construction and installation of all public improvements shall conform to and be in compliance with the City ordinances then in effect at the time of the construction and installation of the same.

K. Covenants to Run With Land. The covenants, agreements, indemnities and other terms and provisions contained in this Agreement touch and concern and shall be appurtenant to and shall run with the Subject Property and any portion thereof, and every person and entity that, from time to time, acquires any interest or estate in all or any portion of the Subject Property shall acquire such interest or estate subject to said covenants, agreements, indemnities and other terms and provisions and, during the period of time that he, she or it owns such interest or estate, he, she or it shall be obligated to pay and perform any and all obligations of the grantor applicable to that portion of the Subject Property in which he, she or it holds any estate or interest. Such obligations shall constitute personal obligations of any person or entity who from time to time acquires title to all or any portion of the Subject Property, solely and exclusively with respect to obligations that arise, accrue or occur during the time that such person or entity holds any interest or estate in and to such portion of the Subject Property, and otherwise rather shall run with and shall constitute a burden on the Subject Property and each portion thereof. All rights under this Agreement shall touch and concern the Subject Property and each portion thereof, and shall run with the title to the Subject Property and each portion thereof. Such rights shall be personal to each and every person or entity who, from time to time, may acquire title to any portion of the Subject Property, solely and exclusively during the time that such person or entity holds any interest or estate in and to such portion of the Subject Property.

L. Actions by Parties/Right to Cure. In the event of an alleged default on all or any part of this Agreement, prior to and as a condition or instituting legal proceedings, the non-defaulting Party shall give the defaulting Party specific written notice of such default, in the manner provided herein. The alleged defaulting Party shall have thirty (30) days to cure said default. If the defaulting Party does not cure said default during the thirty (30) day period, the non-defaulting Party may take any and all steps necessary to address such default, including, but not limited to, instituting any necessary legal action.

M. No Personal Liability of Corporate or Company Authorities. The parties acknowledge and agree that the individuals who are members of the group constituting the corporate authorities of the City, WHPC and Developer are entering into this Agreement in their corporate or company capacities as members of elicit group and shall have no personal liability in their individual capacities.

N. Notices. Notices or other writings which any party is required to or may wish to serve upon any other party connection with this Agreement shall be in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows:

If to the City: City Attorney

City of Green Bay

100 N. Jefferson St. Rm. 200

Green Bay, WI 54301

If to the Developer: Green Bay Senior Apartments, LLC

c/o Astar Capital Management, Inc.

Attn: Daniel J. O’Connell

2 East Mifflin Street, Suite 401

Madison, WI 53703

with a copy to: Axley Brynelson, LLP

Attn: Gregory C. Collins

2 East Mifflin Street, Suite 200

Madison, WI 53703

or to such other address as any party may from time to time designate in a written notice to the other party.

O. Amendments. This Agreement sets forth all the promises, inducements, agreements, conditions and understandings between Developer, WHPC and the City relative to the subject matter hereof, and there are no promises, agreements, conditions or understandings, either oral or written, express or implied, between them, other than as herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the Parties hereto unless authorized in accordance with law and reduced in writing and signed by them. In the event such amendment applies only to a portion of the Subject Property, then only the owners of the portion of the Subject Property proposed to be affected by such amendment shall be required to consent to and execute such amendment.

P. Invalidity of any Provision. If any provision, clause, word or designation of this Agreement is held to be invalid by any court of competent jurisdiction, such provision, clause, word or designation shall be deemed to be removed from this Agreement and the invalidity thereof shall not affect any other provision, clause, word or designation contained herein.

Q. Survival. The agreements contained herein shall survive the development of the Subject Property, and shall not be merged or expunged by the development of the Subject Property or any part thereof.

R. Conflicting Terms. If any terms in this Agreement conflict with the terms contained in the Commercial Offer to Purchase dated January 20, 2009, and accepted February 5, 2009, as amended, the terms of this Agreement shall control.

S. Resolution. Acceptance of this Agreement by the City shall be evidenced by the adoption of its City Council of a resolution to the foregoing effect.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officers duly authorized to execute same, the clay and year first above written.

CITY OF GREEN BAY REDEVELOPMENT AUTHORITY By: P. Robert Strong, Executive Director	WISCONSIN HOUSING PRESERVATION CORP. By: John Petersen III, President
GREEN BAY SENIOR APARTMENTS, LLC By: WHPC-Green Bay Senior Apartments, LLC, Managing Member By: Wisconsin Housing Preservation Corp., Sole Member By: John Petersen III, President	CITY OF GREEN BAY By: _______________________________ James J. Schmitt, Mayor By: _______________________________ Chad Weininger, Clerk

EXHIBIT A

Legal Description of Subject Property

Lots 1 and 2 of Certified Survey Map No. ______, dated __________________, 2009, and recorded on ________________, 2009, in the Brown County Register of Deeds Office in Volume ______ of Certified Survey Maps, Pages ___-___, as Document No. ______________.

EXHIBIT B

Legal Description of Port Plaza Property

Lots Seventy-two (72) and Seventy-three (73), according to the recorded Plat of Navarino, in the City of Green Bay, East side of Fox River, Brown County, Wisconsin.

Tax Key No. 12-148

EXHIBIT C

Concept Plan

[Attached]

EXHIBIT D

Permitted Uses of Port Plaza Towers Property

· A full-service high-end hotel including possible conference space, sub and first floor retail and restaurant space, and residential condominiums up to two floors.

· Other plans may be considered but must be approved by the RDA.

Moved by Ald. Deneys, seconded by Ald. Wiezbiskie to adopt the report with the exception of Items #1. Motion carried.
Moved by Ald. Deneys, seconded by Ald. Wiezbiskie to adopt Item #1.
Moved by Ald. VanderLeest, seconded by Ald. Nicholson to move $100,000 from Project H09-06, Homebuyer Assistance, to Impact Areas.
Roll call: Ayes: DeWane, Nicholson, Zima, VanderLeest. Noes: Wiezbiskie, Theisen, Kocha, Piton, Jeffreys, Wery, Deneys, Weber. Motion failed.
Moved by Ald. Zima, seconded by Ald. Wery to move $10,000 from Project 10-02, Parks Projects, to a new graffiti abatement program.
Moved by Ald. Zima, seconded by Ald. Deneys to amend the previous motion by moving the $10,000 from Impact Areas to a new graffiti abatement program.
Roll call: Ayes: DeWane, Nicholson, Theisen, Piton, Jeffreys, Wery, Zima, Deneys, VanderLeest, Weber. Noes: Wiezbiskie, Kocha. Motion carried.
Moved by Ald. Deneys, seconded by Ald. Wery to adopt Item #1 as amended. Motion carried.
Moved by Ald. Zima, seconded by Ald. Piton to reconsider Item #2. Motion carried.
The motion to adopt Item #2 was confirmed.

REPORT OF THE FINANCE COMMITTEE

October 20, 2009

The Finance Committee, having met on Tuesday, October 13, 2009, considered all matters on its agenda and wishes to report and recommend the following:

1. To approve the minutes of the Finance Committee meeting of September 22, 2009.

2. To approve the request by the Finance Director to refinance 2001A GO Corporate Purpose Bonds.

3. To approve the Brown County Municipal Intergovernmental Functional Collaboration Agreement at the request of the Fire Chief.

4. To approve the purchase of 15 Data911 Mobile Data Systems from Hub-Data 911 for the amount of $83,925, with $3,925 to be taken out of contingency.

2009 Contingency Fund

$58,205.00

Moved by Ald. Nicholson, seconded by Ald. DeWane to adopt the report. Motion carried.

REPORT OF THE

IMPROVEMENT & SERVICE COMMITTEE

October 20, 2009

The Improvement and Service Committee, having met on October 13, 2009 considered all matters on its agenda and wishes to report and recommend the following:

1. To approve the minutes from the regular meeting on September 30, 2009.

2. To deny the request by Jason Hearly to rescind the early set out charge of $53.30 at 128 N. Clay Street.

3. To receive and place on file the request by Ald. Piton to extend the on-grass parking exception previously granted at 1372 Vanderbraak Street to January 1, 2011, to allow for utilization of programs that lack current funding.

4. To install one (1) 9,000 lumen high pressure sodium street light on the 400 block of Gray Street at a location to be determined by staff.

5. To install one (1) 9,000 lumen high pressure sodium streetlight at each of the following locations:

a) On existing power pedestal #155-DD68 between 1424 and 1410 Willow Creek Parkway.

b) On existing power pedestal #156-CC61 located between 1360 and 1350 Willow Creek Parkway

c) On existing power pedestal #1156-BB52 to be relocated between 1325 and 1335 Willow Creek Parkway.

d) On existing power pedestal #156-CC42 located on the southwest corner of Willow Creek Parkway and Alpine Drive.

6. To refer for study the recommendations from the report by RW Management Group, Inc. to staff.

7. To approve the request by Parking Division to replace a failed coin sorter using Parking Division capital reserve funding.

8. To approve the request by the Green Bay Area Public School District to install sidewalks at their cost on the west side of Alpine Drive from East Mason Street to Wildflower Row.

9. To approve the 2011 and 2012 Asphalt Resurfacing Program.

10. To approve the 2010-2011 Local Road Improvement Program (LRIP) application and to authorize the Mayor to sign.

11. To approve the purchase of a truck cab and chassis from the low responsive vendor, Cumberland Service Center, for $142,283.00.

12. To approve the application from Lewis Construction for a 2009 Concrete Sidewalk Builder’s License.

13. To receive and place on file the Director’s Report on recent activities of the Public Works Department.

Moved by Ald. Deneys, seconded by Ald. DeWane to adopt the report with the exception of Item #2. Motion carried.
Moved by Ald. Deneys, seconded by Ald. Zima to adopt Item #2.
Moved by Ald. Kocha, seconded by Ald. Nicholson to refer Item #2 back to the Improvement & Service Committee. Motion carried.

REPORT OF THE PERSONNEL COMMITTEE

October 13, 2009

The Personnel Committee, having met on Tuesday, October 13, 2009, considered all matters on its agenda and wishes to report and recommend the following:  

1. To approve the recruitment for the Clerk Typist III and Assistant Director of Public Works and subsequent vacancies in the Department of Public Works.

2. To approve the request by the Human Resources Department for an unpaid leave of absence for a Clerk Typist III at the Police Department.

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

4. To receive and place on file the discussion regarding the 2009-2010 Labor Negotiations.

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

REPORT OF THE PROTECTION & WELFARE COMMITTEE

October 20, 2009

The Protection & Welfare Committee, having met on Tuesday, October 13, 2009, considered all matters on the agenda and wishes to report and recommend the following:

1. To approve the application for a Class "B" Beverage License by Maria Sanchez at 1207 E. Mason Street with the approval of proper authorities.

2. To approve the application by April Dart for an available Class "B" Combination License at 217 N. Washington Street with the approval of proper authorities. (Note: Two licenses available)

3. To have the Inspection Division work with Werner Pest and Odor Control to survey the area on the near west side for rodent infestation problems and report back to the Committee on what is found.

4. Appeals by the following to the denial of their Public Vehicle Operator Licenses:

A. Steven Meyer

To approve the appeal by Steven Meyer to the denial of his Public Vehicle Operator License.

B. Wayne Fredrich, Sr.

To deny the appeal of Wayne Fredrich, Sr. to the denial of his Public Vehicle Operator License.

5. To notify Daniel Warrington to appear at the next meeting of the Protection and Welfare Committee for a review and possible revocation of his license. If Daniel Warrington does not appear, his license will automatically be revoked.

6. To receive and place on file, the six-month review of the Public Vehicle Operator License of James Wocherer.

7. To receive and place on file, the petition by area residents requesting a stop to any kind of trapping in the City.

8. To hold until the next meeting of the Protection and Welfare Committee, the request by Ald. Nicholson to review the Farmer’s Market on Broadway with possible action.

9. To refer the request by Ald. Zima to review Police Department policy regarding the use of personal cell phones by officers while on duty to the Law Department in order to review public policies in our State and the nation on the personal use of cell phones while on duty and provide a written report to the Protection and Welfare Committee.

10. To instruct the Police Department to move forward with developing The Armadillo (crime prevention equipment) utilizing the old peace keeping vehicle and to use the existing funds in the Police Department budget. If it is determined that the funds are not able to be found in the Police Department budget, then the Police Department is instructed to come back before the Protection and Welfare Committee.

11. To seek a Memorandum of Understanding between the City of Green Bay and the Oneida Nation that they would obtain their liquor license(s) through the City of Green Bay.

12. To approve the request by the City Attorney’s Office to amend GBMC 29.308 to make it illegal for businesses to install illegal mufflers on automobiles and motorcycles and to revise the enforcement procedure.

13. To hold until the next meeting of the Protection and Welfare Committee, the request by the City Attorney’s Office to amend Section 33.08 to allow an exception for underage persons on licensed premises pursuant to Wisconsin Statute 125.07(3)(a)8.

14. To approve the request by the City Attorney’s Office to amend GBMC 27.101 to adopt Wisconsin Statute 943.017 for Graffiti and to create and adopt GBMC 27.615 for Graffiti removal and GBMC 28.205 (14) for Public Nuisances for Graffiti, with the amendment of Section 27.615(1) by substituting the word “shall” for “may”. This item is referred to the I&S Committee to determine the cost for the City to remove the graffiti for property owners and to explore options that are available to help reduce this cost.

15. To refer the request by Ald. Wery to review the Downtown Security Initiative results for 2009 and discuss the program for 2010 to the Police Department to provide the number of police calls in the downtown BID area for the years 2007, 2008, and 2009 for comparison and provide a written recommendation to the Protection and Welfare Committee.

Moved by Ald. DeWane, seconded by Ald. Wery to adopt the report with the exception of Items #9, #11 and #12. Motion carried.
Moved by Ald. Wiezbiskie, seconded by Ald. Deneys to adopt Item #9.
Moved by Ald. Piton, seconded by Ald. Weber to table Item #9.
Roll call: Ayes: Wiezbiskie, Theisen, Kocha, Piton, Jeffreys, Wery, Deneys, Weber. Noes: DeWane, Nicholson, Zima, VanderLeest. Motion carried.
Moved by Ald. Wery, seconded by Ald. Deneys to adopt Item #11. Motion carried.
Moved by Ald. Zima, seconded by Ald. Weber to adopt Item #12.
Moved by Ald. Weber, seconded by Ald. Deneys to refer Item #12 back. Motion withdrawn.
A vote was then taken on the motion to adopt Item #12. Motion carried.
Moved by Ald. Jeffreys, seconded by Ald. Piton to reconsider Item #3. Motion carried.
Moved by Ald. Jeffreys, seconded by Ald. Wery to suspend the rules to allow interested parties to speak. Motion carried.
Wendy Coriell, 142 N. Ashland Avenue, spoke in support of Item #3.
Moved by Ald. Deneys, seconded by Ald. Wery to return to the regular order of business. Motion carried.
The motion to adopt Item #3 was confirmed.

REPORT OF THE PROTECTION AND WELFARE COMMITTEE

GRANTING OPERATOR LICENSES

October 20, 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

Allor, Lisa L Archiquette, Alisa M. Bauer, Angela R. Burkart, Richard F. Ciurro, John F Coopman, Lori L Dahlke, Brent M East, David A Geffre, Jessica M Hafstad, Elizabeth A Harkins, Stephanie R Huben, Thomas J

Iwamoto, Michael L Kadletz, Jenean L. Kinney, Todd M. LaBelle, Stacy L Mahlik, Vickie L Petras, Juliane K Reynolds, Karl J. Rueckl, Emily R Sennholz, Patricia A Smith, Bronson T Wildenberg, Rosanna M

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

RECEIVE & PLACE ON FILE

City of Green Bay Check Register for September, 2009.

Municipal Court Report for September, 2009.

City of Green Bay Trial Balance for September, 2009.

Building Permit Report for September, 2009.

Moved by Ald. Wiezbiskie, seconded by Ald. Kocha to receive the matters and place them on file. Motion carried.

RESOLUTIONS

Moved by Ald. Piton, seconded by Ald. DeWane to suspend the rules for the purpose of adopting all of the resolutions with one roll call vote. Motion carried.

RESOLUTION AUTHORIZING

TRANSFER OF FUNDS

October 20, 2009

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

That the following transfer of funds is hereby authorized:

ACCOUNT AMOUNT

From: 101-99-099-000-59001 Contingency $3,925.00

To: 421-12-120-000-49210 IT Equipment Replacement $3,925.00

Adopted October 20, 2009

Approved October 21, 2009

James J. Schmitt

Mayor

Chad J. Weininger

Clerk

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

RESOLUTION APPROVING A RELOCATION ORDER FOR

VELP AVENUE (USH 141) – NORWOOD AVENUE TO MILITARY AVENUE

PROJECT I.D. 1450-04-21
October 20, 2009

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

That the Common Council of Green Bay finds and determines that:

WHEREAS, the property establishing, laying out, widening, enlarging, extending, construction, reconstruction, improving, or maintaining a portion of a street/easement now designated as:

VELP AVENUE (USH 141) – NORWOOD AVENUE TO MILITARY AVENUE

and roads or lands in and about and leading to same, requires certain relocation or changes and the acquisition of lands or interests in lands as shown on the map or copy thereof marked:

“TRANSPORTATION PROJECT PLAT PROJECT NUMBER 1450-04-21 SHEETS 4.00 THROUGH 4.30 REQUIRED FOR VELP AVENUE (USH 141) FROM NORWOOD AVENUE TO MILITARY AVENUE”

City of Green Bay, Brown County Wisconsin, dated October 20, 2009

pursuant to its authority under Section 62.22 and 62.23(10), Wisconsin Statutes,

NOW, THEREFORE, BE IT RESOLVED AND ORDERED THAT:

1. The said street/easement is hereby laid out and established to the lines and widths as shown on the said plat.

2. The required lands or interests in lands as shown in the plat shall be acquired in the name of the City of Green Bay.

3. This order supersedes and amends any previous order issued by the City of Green Bay.

Adopted October 20, 2009

Approved October 21, 2009

James J. Schmitt

Mayor

ATTEST:

Chad J. Weininger

City Clerk

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

RESOLUTION AUTHORIZING

CONDITIONAL-USE APPROVAL

AT 136 NORTH MAPLE AVENUE
(ZP 09-32)

October 20, 2009

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

That, pursuant to Zoning Petition 09-32 and the recommendation of the Plan Commission on October 12, 2009, the City of Green Bay does authorize a conditional-use permit to allow a single-family home in an Office Residential (OR) District located on the following described property at 136 North Maple Avenue:

ORIGINAL SURVEY LOT G & N 3 FT STRIP OF LOT 48 ORIGINAL SURVEY (Parcel No. 4-257)

Said conditional-use permit shall be granted subject to:

1. Compliance with all other regulations of the Green Bay Municipal Code not covered under the conditional-use permit, including standard site plan review and approval.

2. Continuance of similar style of architecture, exterior construction material, and color of the existing primary structure, unless complete exterior rehabilitation is completed.

Adopted October 20, 2009

Approved October 21, 2009

James J. Schmitt

Mayor

Chad J. Weininger

Clerk

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

RESOLUTION AUTHORIZING

A VARIANCE FROM SECTION 14.727,

SUBDIVISION AND PLATTING,

GREEN BAY MUNICIPAL CODE,

TO ALLOW THE CONVERSION OF THE

HIGHLAND OAKS CONDOMINIUM PLAT

TO A CONVENTIONAL SUBDIVISION

(VR 09-01)

October 20, 2009

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

That, pursuant to Variance Request 09-01 and the recommendation of the Plan Commission on October 12, 2009, the City of Green Bay does authorize a variance from Section 14.727, Subdivision and Platting, Green Bay Municipal Code, to allow for the conversion of the Highland Oaks Condominium Plat to a conventional subdivision with existing lots fronting on the existing private road on the following described property:

HIGHLAND OAKS CONDO UNITS 1 - 8 TOGETHER WITH AN INTEREST IN COMMON ELEMENTS & FACILITIES AS DESC IN J11574-19 & AMENDED IN J11995-38 (Parcel Nos. 21-5494-1,
21-5494-2, 21-5494-3, 21-5494-4, 21-5494-5, 21-5494-6, 212-5494-7, and 21-5494-A)

Said variance shall be granted subject to the following conditions:

a. A homeowners’ association shall be maintained, which includes all the subject parcels and which ensures that sufficient funds are collected for the proper maintenance and eventual reconstruction of the private drive and private utilities shared by the association. The rules and bylaws of the association shall be submitted for review and approval by City staff and shall be recorded with the approved subdivision plat.

b. The private drive shall be maintained as a paved surface of adequate width to allow two oncoming vehicles normally found in association with residential neighborhoods to safely pass without leaving the paved surface.

c. The street and utilities are to remain privately owned and maintained unless the street, utilities, and all related appurtenances are constructed to City standards at the cost of the homeowners’ association and the required right-of-way is dedicated to the City. The City reserves the right to decline with cause acceptance of any street, utility, or right-of-way.

d. There shall be no more than seven dwelling units and no further division of the subject property unless the street, utilities, and all related appurtenances are constructed to City standards at the cost of the homeowners’ association and the required right-of-way dedicated to the City. Under this condition, any future division shall meet all other requirements of the Subdivision and Platting Code.

e. Approval of the subdivision shall be subject to dedication of any easement or other minor modification required by the City, private utility, or other reviewing agency that is necessary to protect the public interest and uphold the intent of the Subdivision and Platting ordinance.

Adopted October 20, 2009

Approved October 21, 2009

James J. Schmitt

Mayor

 Chad J. Weininger

 Clerk

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

ORDINANCES - FIRST READING

GENERAL ORDINANCE NO. 35-09

AN ORDINANCE

AMENDING SECTION 29.208,

GREEN BAY MUNICIPAL CODE,

RELATING TO PARKING REGULATIONS

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

SECTION 1. Section 29.208, Green Bay Municipal Code, is hereby amended by removing therefrom the following TWO-HOUR PARKING 7:00 AM – 4:00 PM SCHOOL DAYS zone:

WOODLAWN AVENUE, east side, from a point 90 feet north of Shawano Avenue to Hubbard Street

SECTION 2. Section 29.208, Green Bay Municipal Code, is hereby amended by adding thereto the following TWO-HOUR PARKING 7:00 AM – 4:00 PM SCHOOL DAYS zone

WOODLAWN AVENUE, east side, from a point 60 feet north of Shawano Avenue to Hubbard Street

SECTION 3. Section 29.208, Green Bay Municipal Code, is hereby amended by removing therefrom the following NO PARKING zones:

WOODLAWN AVENUE, east side, from Shawano Avenue to a point 90 feet north of Shawano Avenue

LIME KILN ROAD, west side, from Main Street to Manitowoc Road

SECTION 4. Section 29.208, Green Bay Municipal Code, is hereby amended by adding thereto the following NO PARKING zones:

WOODLAWN AVENUE, east side, from Shawano Avenue to a point 60 feet north of Shawano Avenue

LIME KILN ROAD, west side, from Main Street to a point 350 feet south of Manitowoc Road

SECTION 5. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed.

SECTION 6. 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 Deneys, seconded by Piton to suspend the rules for the purpose of advancing the ordinance to the third reading. Motion carried.
Moved by Ald. Wery, seconded by Ald. Piton to advance the ordinance to the third reading. Motion carried.

GENERAL ORDINANCE NO. 36-09

AN ORDINANCE

AMENDING CHAPTER 13,

GREEN BAY MUNICIPAL CODE,

REGARDING HOME-BASED OCCUPATIONS

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

SECTION 1. Section 13-208, Green Bay Municipal Code, is amended as follows:

13-208. Licensing Certification of home-based occupations. Each Those home-based occupations authorized by conditional-use permit shall be required to obtain a home-based occupation certificate from the City, subject to payment of a filing fee as established by City Council resolution. Home-based occupation certificates are not transferable. The certificate shall be renewed annually if required by the conditional-use permit approval, at which time the home-based occupation shall be subject to inspection to ensure code compliance. All nonconforming home-based occupations existing prior to the date of adoption of this ordinance may continue, but the use shall not expand, be rebuilt, relocated, replaced, or altered without being brought into compliance with this chapter.

SECTION 2. Section 13-302, Green Bay Municipal Code is amended as follows:

13-302.Land Use Definitions. This section defines each land use listed in the use tables of the various zoning districts in the order they appear in the tables. General definitions are listed in Section 13-302. Definitions of signs are listed in Section 13-304.

Accessory and Temporary Uses

Home-based occupation: An occupation that is conducted by a person on the same lot (in a residential district) where such person resides and is limited in extent, secondary, and incidental to the residential use of the lot.

SECTION 3. Section 13-1609, Green Bay Municipal Code, is amended as follows:

13-1609. Accessory uses.

(a) Home-based occupation.

(1) A hHome-based occupations may include small professional offices, service establishments, musical instruction, or home crafts which are typically considered accessory to a dwelling unit.

(2) A home-based occupation shall not involve the conduct of a retail or wholesale business, a manufacturing business, a commercial food service requiring a license, or auto service or repair for any vehicles other than those registered to residents of the property.

(3) A home-based occupation shall be carried on wholly within the main building or within a permitted accessory building.

(4) Exterior alterations or modifications that change the residential character or appearance of the dwelling, any accessory buildings, or the property itself shall be prohibited.

(5) No person other than residents of the principal dwelling may be employed in the home-based occupation.

(6) Service occupations shall serve no more than two parties at a time where a party is defined as one client or a group of no more than four individuals representing one client. A party is also defined as one family.

(7) There shall be no exterior storage of equipment, or supplies or commercial vehicles associated with the home-based occupation. Neither an enclosed trailer nor an open trailer that is empty shall be considered “equipment” and may be parked outside in compliance with section 13-1724. nor parking of more than one business vehicle.

(8) The required off-street parking area provided for the principal use shall not be reduced or made unusable by the home-based occupation. There shall be parking of no more than one motor vehicle (not exceeding 10,000 pounds) associated with the home-based occupation, and parking of vehicles and trailers shall comply with Section 13-1724.

(9) There shall be no indication of offensive noise, vibration, smoke, dust, odors, heat, or glare at or beyond the property line.

(10) The operation of the home-based occupation, as it is apparent to adjacent residential uses, shall begin no earlier than 7:00 a.m. and end no later than 9:00 p.m.

(11) Shipment and delivery of products, merchandise, or supplies shall be limited to between the hours of 8:00 a.m. and 6:00 p.m. and shall occur only in single rear-axle straight-trucks or smaller vehicles normally used to serve residential neighborhoods.

(12) A home-based occupation may have an identification sign conforming to the standards for signs in residential districts, as specified in Chapter 13-2000, Signs.

(13) The use of a dwelling unit for a home-based occupation shall be clearly incidental and subordinate to its use for residential purposes by including no more than 25% of the habitable floor area of the dwelling unit in the conduct of the home-based occupation.

(14) Any home-based occupation that exceeds the standards of this section is permitted only through a conditional use permit, as outlined in Chapter 13-200, Administration.

(15) No home-based occupation shall be permitted or approved as a conditional use that is found to impair the character of the residential neighborhood or that is found to pose a risk to health or safety in excess of that which is common to a residential neighborhood. Examples of such conditions may include, but are not necessarily limited to, the following:

a. Business activities or uses that generate excessive traffic relative to the type of street that it fronts upon and the level of traffic that existed prior to the home-based occupation.

b. Business activities or uses that regularly require parking on the street.

c. Business activities or uses that involve the presence of non-resident individuals from potentially dangerous populations such as individuals under arrest, on parole, under extended supervision or probation, or registered as sex offenders.

d. Business activities or uses that create a greater risk of disease, fire, explosion, or other hazard.

SECTION 4. Section 13-614, Table 6-3, Green Bay Municipal Code, is amended as follows:

13-614. Permitted accessory uses.

Table 6-3. Permitted Nonresidential Accessory Uses in the Residential Districts

Home-based occupations

P

P

P

X

SECTION 5. Section 13-714, Table 7-3, Green Bay Municipal Code, is amended as follows:

13-714. Permitted accessory uses. Permitted accessory uses are as shown in Table 7-3.

Table 7-3. Permitted Accessory Uses in the Mixed-Use Districts

Home-based occupations

P

P

P

x

SECTION 6. Section 13-814, Table 8-3, Green Bay Municipal Code, is amended as follows:

13-814. Permitted nonresidential accessory uses. Permitted accessory uses are as shown in Table 8-3.

Table 8-3. Permitted Accessory Uses in the Commercial Districts

Home-based occupations

P

P

P

x

SECTION 7. Section 13-1724, Green Bay Municipal Code, is amended as follows:

13-1724. Parking of commercial vehicles and commercial trailers in residential districts. The intent of this section is to preserve the orderly appearance of, and to allow the quiet enjoyment of, residential neighborhoods while allowing reasonable flexibility for parking of business-related vehicles. Specifically, this applies to such motor vehicles that are driven off site by a resident occupant but are kept on the residential premises when not in use. The allowances and standards in this section shall apply to the following types of vehicles: (1) commercial trucks, tractors, vans, pickups, or any other motor vehicles not exceeding 10,000 pounds gross vehicle weight; and (2) any commercial trailers or other machinery capable of being trailed behind a the commercial motor vehicle that is allowed to be parked on the premises by this section.

(a) Engines of commercial vehicles may not run continuously. A 30-minute engine warm-up time shall be permitted immediately prior to the commercial vehicle and/or any other motorized equipment leaving the premises. The warm-up period shall begin no earlier than 6:00 a.m. and end no later than 10:00 p.m.

(b) The vehicle or trailer shall be parked only upon a paved off-street parking area or pad constructed in accordance with the off-street parking requirements of this ordinance.

(c) Commercial trailers parked outside in residential districts shall be fully enclosed. Open-sided trailers parked outside in residential districts shall be emptied when not in transport. This section is not intended to restrict commercial trailers from being parked inside permitted garages in residential districts.

(d) (a) Commercial trailers parked in residential districts shall be actually trailed and transported from the property no less than once per week. The intent of this requirement is to prevent the use of a trailer for long term storage, for use as a structure, for use as permanent advertising, and the like.

(b) An exemption from requirement (2) above may be granted for one (1) vehicle per property only under the following circumstances:

(1) The vehicle is used for a home occupation.

(2) The property registered for the home occupation has insufficient room in the front yard area to accommodate at least one (1) lane into a garage or driveway area in addition to the required parking pad.

SECTION 8. Section 13-2005, Green Bay Municipal Code, is amended as follows:

13-2005. Exempt signs. The following signs are permitted in any zoning district without obtaining a permit, as specified in Section 13-2004 (a). However, all signs must comply with all other general sign regulations established in Section 13-2004. These signs shall not be applied toward the maximum sign allowance specified for a property, except as otherwise indicated in this subsection.

House numbers and nameplates. Residential and professional house numbers and nameplates not exceeding one (1) square foot in area per building identifying the owner or occupant of a property or name of a permitted home-based occupation.

SECTION 9. Section 13-2104, Green Bay Municipal Code, is amended as follows:

13-2104. Combination of uses on a lot.

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-based occupation.

SECTION 10. Section 13-2113, Table 21-3, Green Bay Municipal Code, is amended as follows:

13-2113. Nonresidential accessory buildings in S-RLI District.

Table 21-3. Permitted Accessory Uses in the S-RLI District

Home-based occupations

P

X

SECTION 11. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed.

SECTION 12. 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

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

GENERAL ORDINANCE NO. 37-09

AN ORDINANCE

AMENDING TABLE 8-1 OF THE

GREEN BAY MUNICIPAL CODE,

TO ALLOW HEALTH CLUBS/FITNESS CENTERS

AS A PERMITTED USE IN THE

GENERAL COMMERCIAL (C1) DISTRICT

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

SECTION 1. Section 13-802 Table 8-1, Green Bay Municipal Code, is amended as follows:

Table 8-1. Principal Uses in the Commercial Districts

USE			C1	C2	C3	Dev. Stds.
	Commercial Recreation and Entertainment
		Health clubs, fitness centers	P	P	P

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

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

GENERAL ORDINANCE NO. 38-09

AN ORDINANCE

AMENDING SECTION 29.308,

GREEN BAY MUNICIPAL CODE,

RELATING TO MUFFLERS, PREVENTION OF NOISE

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

SECTION 1. Section 29.308, Green Bay Municipal Code, is hereby amended by as follows:

29.308 MUFFLERS, PREVENTION OF NOISE.

(1) DECLARATION OF FINDINGS AND POLICY. Excessive noise from motor vehicles is a serious hazard to the public health and welfare, safety, and quality of life. The people have a right to and should be ensured of an environment free from excessive noise that may jeopardize their health or welfare or safety or degrade the quality of life. Therefore, it is the policy of the City of Green Bay to prevent excessive noise which may jeopardize the health and welfare or safety of its citizens or degrade the quality of life.

(2)   Any person or owner is prohibited from creating or allowing any unreasonably loud, disturbing, and unnecessary noise. Noise of such character, intensity, or duration as to be detrimental to the life or health of any individual, or in disturbance of the public peace and welfare, is prohibited. The use of any automobile, motorcycle, streetcar or vehicle so out of repair or in such manner as to cause loud and unnecessary grating, grinding, rattling, or other unreasonable noise is prohibited.

(3) Every motor vehicle shall, at all times, be equipped with a muffler in good working order and in constant operation to prevent excessive or unreasonably loud noise, smoke or flame; and no person or owner shall operate or allow to be operated a motor vehicle upon the streets and highways of this city which is not so equipped or which is equipped with a muffler cutout, bypass, or any similar device. A muffler is defined as a device consisting of a series of chambers or other mechanical devices for the purpose of receiving exhaust gases from an internal combustion engine which is designed for the purpose of breaking up the sound tones and the diffusion of smoke and flame emitting therefrom.

(4)   No person shall, nor shall the owner allow any person to, operate a motorcycle manufactured after December 31, 1982, that is not equipped with an exhaust muffler bearing the Federal EPA required labeling applicable to the motorcycle’s model year, as set out in the Code of Federal Regulations Title 40.

(5) No person shall sell, give away for use upon, install or cause the installation to be made, or use upon any motor vehicle or motorcycle operated in the city, any type of muffler or other device that will modify the exhaust system of a motor vehicle in any manner so as to amplify or increase the noise emitted by the motor of such motor vehicle to the point where it becomes excessive or unreasonable to the ear of the ordinary person.

(5) (6) ENFORCEMENT AND PENALTIES.

(a) An enforcement officer may issue a citation for any violation of this section if the enforcement officer witnesses the violation or receives a sworn, written complaint from at least one witness of the excessive or unreasonably loud noise, subject to the owner refusing or neglecting to allow the vehicle from being inspected by the Police Department.

(b) Any person who violates any provision of this section shall forfeit not more than $500.

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

PLANNING ORDINANCE NO. 4-09

AN ORDINANCE

AMENDING THE OFFICIAL MAP

OF THE CITY OF GREEN BAY TO

ADD 212 SOUTH VAN BUREN STREET

AND 213-215 SOUTH JACKSON STREET

TO THE PROPOSED PARK DESIGNATION

FOR NAVARINO PARK

(OMA 09-01)

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

SECTION 1. The Official Map of the City of Green Bay, as created by Section 12.02, Green Bay Municipal Code, is hereby amended to add 212 South Van Buren Street and 213-215 South Jackson Street to the proposed park designation for Navarino Park, as depicted on a map attached hereto and made a part of this ordinance as though fully set forth herein.

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 12.03, 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

LEGAL DESCRIPTION

FOR PROPERTY TO BE ADDED

TO PROPOSED PARK DESIGNATION

FOR NAVARINO PARK

212 South Van Buren Street

Plat of Astor, Lot 3, Block 52 (Parcel No. 14-683)

213-215 South Jackson Street

Plat of Astor, North 40 feet of Lot 10, Block 52 (Parcel No. 14-696)

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

ORDINANCE - THIRD READING

ZONING ORDINANCE NO. 13-09

AN ORDINANCE

REZONING PROPERTY LOCATED AT

822 GRIGNON STREET

FROM LOW DENSITY RESIDENTIAL (R1) DISTRICT

TO VARIED DENSITY RESIDENTIAL (R3) DISTRICT

(ZP 09-31)

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

SECTION 1. Section 13.01, Green Bay Municipal Code, together with the zoning map referred to therein, is hereby amended by rezoning the following described property from Low Density Residential (R1) District to Varied Density Residential (R3) District:

PLAT OF ASTOR ALL OF BLK 81 & W1/2 VAC VAN BUREN ST ADJ ELY

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 20^th day of October, 2009.

APPROVED:

James J. Schmitt

Mayor

ATTEST:

Chad J. Weininger

Clerk

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

Moved by Ald. Deneys, seconded by Ald. Wery to adjourn the meeting at 9:40 P.M. Motion carried.

Chad J. Weininger
Green Bay City Clerk

The minutes in their entirety are available on the City's web page
www.ci.green-bay.wi.us