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HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN J10,2014 UNE NOTE: The Common Council met at 5:00 p.m. for a Workshop on Sex Offender Placements REGULAR MEETING held Tuesday, June 10, 2014, at 6:00 p.min the Council Chambers, . City Hall. Mayor Tower presided. PRESENT: Council Members Deb Allison-Aasby, Caroline Panske, Sean Fitzgerald, Steve Cummings, Tom Pech, Jr., Steven Herman, and Mayor Tower ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney and Dave Patek, Director of Public Works Council Member Allison-Aasby read the Invocation. The Pledge of Allegiance was led by Council Member Allison-Aasby PH UBLIC EARNING Resolution 14-250 Approve Final Resolution for Special Assessments for Storm Sewer Laterals – Various Locations MOTION: ADOPT (Cummings; second, Pech) CARRIED: Ayes (7) Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Herman, Mayor Tower CSC ITIZEN TATEMENTS TO OUNCIL Samara Hamze, 1327 Rahr Avenue, was a member of the Sustainability Advisory Board and gave the Council an update on the progress of the City of Oshkosh regarding greenhouse gas emissions. Gary Gray, 815 W. Linwood Avenue, felt the City should adopt a Capital Improvement Program for a five year period. He also felt the public should have more input in the budget process. CA ONSENT GENDA Approval of Bills presented by the Finance Director Approval of Cash Report for March and April 2014 1 PCC–J102014 , ROCEEDINGS OF THE OMMON OUNCIL UNE Receipt of Claim filed with the City’s Insurance Company: A) David Ruland for alleged damage to his vehicle from a pothole B) Caroline Pendergast for alleged damage to her vehicle from a city weeder C) Attorney Hertel on behalf of Eugene Rusch & William Friday / Promissory Note from 2005 – Boat Works Inc. Council Member Cummings asked for an explanation on item C. Attorney Lorsenson explained back when the Boat Works property was acquired by the City the transaction consisted of a partial gift of the property to the City and a partial sale of the property to the City. The sale of the property was secured by a promissory note, therefore there was no payment made at the time of the sale. The promissory note would come due whenever the property was sold or developed by the City. The claim involved whether or not the property was deemed developed based upon the riverwalk being constructed. Resolution 14-251 Approve Setting Public Hearing Date to Vacate Portion of Dakota rd Street, North of West 3 Avenue (Plan Commission Recommends Approval) Resolution 14-252 Approval of Agreement for Engineering Services with Brown and Caldwell for Development of a Stormwater Management Plan for the Fernau Avenue Area Watershed in the Amount of $125,700.00 Resolution 14-253 Approval of Initial Resolution for Special Assessments for Storm Sewer Laterals / Various Locations Resolution 14-254 Accept and Approve Waiver of Special Assessments Notices and Hearing in Connection with Storm Sewer Laterals / Various Locations Mayor Tower asked for an explanation of the resolution. Ms. Lorenson explained that the owners of the properties listed in the resolution requested to waive their right to a public hearing regarding storm sewer lateral special assessments. Resolution 14-255 Approval of Final Resolution for Special Assessments for Storm Sewer Laterals / Various Locations Resolution 14-256 Approve City of Oshkosh South Park Master Plan Council Member Herman felt the South Park Master Plan was a good plan to improve to improve the park. Mayor Tower felt the South Park Master Plan was a great plan but it was a long term plan that would require patience. Resolution 14-257 Partial Allowance of Claim / Refund of Property Taxes for 2013 / Partial Rescission of Property Taxes CitizensFirst Credit Union for Property Located at 2900 Universal Street 2 PCC–J102014 , ROCEEDINGS OF THE OMMON OUNCIL UNE Council Member Allison-Aasby asked for an explanation on why CitizensFirst Credit Union felt they were over assessed. Ms. Lorenson explained there were multiple issues in the case of CitizensFirst Credit Union involving functional obsolescence in the building and some remodeling that may not have added dollar for dollar value to the property. She stated the court had ruled the 2013 property assessment should remain at the 2012 level. She stated that during the 2014 Board of Review the Board established the same assessment for the property as the court. Council Member Allison-Aasby asked if the City anticipated CitizensFirst Credit Union would file additional claims for their other locations. Mr. Rohloff stated the location at 2900 Universal Street was CitizensFirst’s headquarters and was built differently than the branch locations. Ms. Lorenson stated the Board of Review for 2014 had already convened and CitizensFirst Credit Union did not submit appeals for the assessments for their other locations. Council Member Allison-Aasby asked how the money was made up for the refund of the property taxes. Ms. Lorenson stated the City was allowed to charge back the taxes from the other taxing agencies (Oshkosh Area School District, Winnebago County, Fox Valley Technical College). Mr. Roholff stated due to a recent ruling in Madison involving Walgreens, more commercial properties were beginning to challenge their assessments throughout the state. Council Member Herman asked if the City assessed commercial properties or if those were contracted out. Mr. Rohloff stated for more consistency, the City hired a commercial assessor who assessed commercial properties throughout the state. Resolution 14-258 Award Bid for Sodium Hydroxide for Water Treatment Plant to Hydrite Chemical Company ($220,000 estimate) Resolution 14-259 Award Bid for Emergency Generator for City Hall to Hogen Electric, Inc. ($72,350.00) Resolution 14-260 Award Bid for Water Materials and Brass Goods for Water Utility Division to Ferguson Waterworks and HD Supply Waterworks (various amounts) Resolution 14-261 Disallowance of Claim by Ben Crile C/O Michelle Crile Resolution 14-262 Disallowance of Claim by Mary Sidlo 3 PCC–J102014 , ROCEEDINGS OF THE OMMON OUNCIL UNE Resolution 14-263 Approve Appointments to following Boards and Commissions: Grand Opera House Advisory Board, Traffic Review Advisory Board, Parks Advisory Board, Committee on Aging, Long Range Finance Committee Resolution 14-264 Approve Special Class “B” Licenses, Combination “Class B” Licenses, Class “B” Fermented Malt License, Operator Licenses, Taxi-Cab Driver Licenses and Junk Collector License Council Member Cummings asked if The Copper Mule and Uncle Don’s Tavern were new owners or name changes. Ms. Ubrig explained that the Combination “Class B” License from the former South End Zone was transferred to the Copper Mule and the Combination “Class B” License from the former Old Oshkosh Saloon was transferred to Uncle Don’s Tavern. MOTION: ADOPT CONSENT AGENDA (Fitzgerald; second, Panske) CARRIED: Ayes (7) Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Herman, Mayor Tower ATO&R CTION AKEN ON RDINANCES ESOLUTIONS Ordinance 14-265 Approval of Left Turn Regulations at Main Street and Merritt Avenue MOTION: ADOPT (Pech; second, Cummings) LOST: Ayes (0) Noes (7) (7) Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Herman, Mayor Tower Mayor Tower explained currently left turns were allowed from Merritt Avenue south onto Main Street. Council Herman stated he had received only one complaint regarding left turns at that intersection. He did not feel changing the ordinance was necessary. Chief Greuel stated he felt there was no compelling public safety reason to change the ordinance. Council Member Fitzgerald asked if there would be a concern for the police department to enforce the ordinance if the Council approved the change. Chief Greuel stated the set up of the intersection would make it difficult to enforce the ordinance if it was changed; the only way an officer could enforce a left turn violation would be to observe the violation by being directly behind the offender. Council Member Cummings did not support changing the ordinance. Mayor Tower clarified that a yes vote by Council would change the ordinance to not allow left turns and a no vote would leave the ordinance unchanged and left turns would continue to be allowed. 4 PCC–J102014 , ROCEEDINGS OF THE OMMON OUNCIL UNE Council Member Fitzgerald asked what the argument was for bringing the ordinance forward. Council Member Herman, the council liaison to the Traffic Review Advisory Board, stated the biggest concern was for backed up traffic waiting for a vehicle to turn left from Merritt Avenue onto Main Street. Ordinance 14-266 Approve Request to Annex to the City / Pacur Annexation – Vacant Lot, North of 3555 Moser Street FIRST READING; LAID OVER UNDER THE RULES Ordinance 14-267 Approve Request to Attach to the City from Town of Algoma / Danula Voluntary Delayed Attachment; 1535 South Oakwood Road FIRST READING; LAID OVER UNDER THE RULES th Resolution 14-268 Approval of Combination “Class B” License Timbuktu (129 W 17 Avenue) MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Herman, Mayor Tower Gayle Savka, 528 Grove Street, was the owner of Timbuktu. She stated she planned on rebuilding the bar that was destroyed by a fire. David Miller stated he was the public adjuster representing Ms. Savka in the insurance claim process. He stated he was in the process of negotiating with the insurance company regarding reconstructing the back part of the building. Resolution 14-269 Approve Annual City Licenses (Renewals) MOTION: ADOPT (Allison-Aasby; second, Pech) CARRIED: Ayes (7) Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Herman, Mayor Tower Resolution 14-270 Approve Annual Combination “Class B” Licenses - Bar 430 and Peabody’s and “Class A” Licenses - Blue Moose Convenience Stores MOTION: ADOPT (Pech; second, Fitzgerald) CARRIED: Ayes (6) Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Herman Present (1) Mayor Tower Mayor Tower stated he would be voting present due to a personal conflict. 5 PCC–J102014 , ROCEEDINGS OF THE OMMON OUNCIL UNE th Resolution 14-271 Approval of Combination “Class B” License – Walleyes (458 W 6 Avenue) Including Hearing on Non-Renewal of License MOTION: ADOPT (Pech; second, Cummings) MOTION: AMEND TO REQUIRE THE FOLLOWING CONDITIONS BE MET PRIOR TO GRANTING AND ISSUANCE OF THE “CLASS B” LICENSE TO WALLEYE’S PUB, LLC: THAT ALL LICENSE REQUIREMENTS FOR THE ISSUANCE OF THE 2013-14 LICENSE YEAR ARE MET INCLUDING THOSE PROVISIONS OF SECTION 4-6 OF THE CITY OF OSHKOSH MUNICIPAL CODE TH THAT THE PREMISES LOCATED AT 458 W. 6 AVENUE COMPLIES WITH ALL CODE REQUIREMENTS FOR OCCUPANCY AND OPERATION AS REQUIRED BY THE OSHKOSH FIRE DEPARTMENT, OSHKOSH INSPECTIONS DIVISION AND WINNEBAGO COUNTY HEALTH DEPARTMENT THAT WALLEYE’S PUB, LLC OBTAINS ISSUANCE OF THE 2013-14 LICENSE AND CONDUCTS LICENSE- RELATED BUSINESS ON THE PREMISES BY JUNE 30, 2014 THAT IF ANY CONDITION SPECIFIED ABOVE SHALL NOT BE MET OR SATISFACTORILY COMPLETED, THAT THE COMBINATION “CLASS B” LICENSE SHALL NOT BE GRANTED WITHOUT FURTHER ACTION OR APPROVAL OF THE COUNCIL REQUIRED AND THE CITY CLERK SHALL BE AUTHORIZED AND DIRECTED TO NOTIFY THE AGENT THAT THE LICENSE HAS NOT BEEN GRANTED AS OF JULY 1, 2014. (Pech; second, Cummings) CARRIED: Ayes (7) Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Herman, Mayor Tower VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Herman, Mayor Tower MOTION: ADOPT FINDINGS OF FACT, CONCLUSION OF LAW AND DETERMINATION OF THE COUNCIL (Pech; second, Fitzgerald) CARRIED: Ayes (7) Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Herman, Mayor Tower th Paul Ulrich, 405 E. Larrabee Street, Omro, owned the property at 458 W. 6 Avenue. He stated he felt he had a buyer for the property and asked the Council to give him in until June th 30 to sell the property. Ms. Lorenson stated, as part of the resolution, Council was obligated to start the license hearing process. th Mayor Tower called the license hearing to order for Walleye’s Pub, LLC, 458 W. 6 Avenue and explained the procedure. Paul Ulrich, license holder, was sworn in by the City Clerk. 6 PCC–J102014 , ROCEEDINGS OF THE OMMON OUNCIL UNE Mayor Tower asked when the last time Walleye’s Pub was open to serve customers. Mr. Ulrich stated that the last day Walleye’s Pub was open to serve customers was June 30, 2013. Ms. Ubrig read into the record that Paul E. Ulrich was the agent for Walleye’s Pub, LLC, which th held the liquor license for the premises located at 458 W. 6 Avenue known as Walleye’s Pub. She stated that Mr. Ulrich filed his 2013-2014 liquor license renewal papers, Council approved the renewal, however she was unable to issue the liquor license due to outstanding taxes. She stated on July 21, 2013 Mr. Ulrich filed a letter with the City Clerk’s office stating his business was closed and that he was trying to sell the business; on May 27, 2014, Mr. Ulrich appeared before Council and gave a status update on the property. She stated on May 30, 2014, she mailed Mr. Ulrich the notice of intention to not renew the liquor license for the th premises located at 458 W. 6 Avenue. Mayor Tower asked Mr. Ulrich if he had any questions. Mr. Ulrich stated that everything Ms. Ubrig read into the record sounded accurate. Council Member Panske asked if the back taxes had been brought up to date. Ms. Ubrig stated as of 4:15 p.m., June 10, 2014 the taxes had not been paid. Mr. Ulrich indicated the taxes would be paid with the proceeds of the sale of the property. Council Member Fitzgerald asked if only the 2013 taxes had not been paid. Ms. Ubrig stated the 2013 taxes were not paid and that prior year’s taxes were still owed to Winnebago County. Mayor Tower stated that due to the business not being closed for a complete year, non renewal of the license was not an option for the Council. He stated the Council could renew the license with conditions. Mr. Ulrich stated that a person was interested in purchasing the property for the liquor license and that another person was interested in buying the property on a land contract. Council Member Herman asked Mr. Ulrich if he had anything in writing regarding persons interested in purchasing the property. Mr. Ulrich stated that negotiations to purchase the property were still in the discussion phase. He stated that he had spoken with an attorney and his bank regarding a land contract but his bank had not gotten back to him whether or not they would approve a land contract. Council Member Cummings asked how much equity Mr. Ulrich had in the property. Mr. Ulrich stated he was planning on selling the property for $40,000 and that he owed $48,000.00 on the property. 7 PCC–J102014 , ROCEEDINGS OF THE OMMON OUNCIL UNE Council Member Cummings asked if there were outstanding citations against the property. Mr. Ulrich stated the building needed some repairs. Ms. Lorenson stated she did not know if there were any outstanding citations against the property. Mayor Tower stated he was concerned about what was going to happen to the building. He asked if the interested buyer was at the Council Meeting. Mr. Ulrich stated the interested buyer wanted to remain anonymous for the time being. Mayor Tower stated it was important for the Council to know what the plans were for the business, for example did someone want to purchase the property just for the liquor license or were there plans to remodel the building and operate it as a bar. Mr. Ulrich stated his understanding was that the interested party intended on the keeping the license with the property. He offered to provide the Council with a copy of the letter he sent his bank regarding the land contract. Ms. Ubrig clarified that it was against state statutes to sell a liquor license. Mr. Ulrich stated his intention was to include the liquor license in the sale of the building. Council Member Panske asked if the potential buyer would be interested in purchasing the property without the liquor license. Mr. Ulrich stated the potential buyer would not be interested in purchasing the property without the liquor license. Council Member Fitzgerald asked Mr. Ulrich if he planned on auctioning off the property if it was not sold by the end of the listing contract. Mr. Ulrich stated if the Council gave him more time he definitely would pursue placing the property up for auction. Council Member Fitzgerald asked what dollar amount Mr. Ulrich thought he could get for the property by placing it up for auction. Mr. Ulrich felt he could sell the property for $40,000.00 by placing it up for auction. Ms. Ubrig asked if the letter to the bank would be entered as an exhibit into the record. Mayor Tower directed Mr. Ulrich to give the City Clerk a copy of the letter he sent to his bank regarding the land contract. Council Member Cummings asked if Mr. Ulrich had anything in writing from his bank giving approval for the land contract. 8 PCC–J102014 , ROCEEDINGS OF THE OMMON OUNCIL UNE Mr. Ulrich stated he did not have anything in writing from his bank giving approval for the land contract. Council Member Allison-Aasby asked if the potential buyer would be placing any money down on the property for the land contract. Mr. Ulrich stated he would ask for money down in the amount required to pay off the past due taxes. Council Member Allison Aasby asked if the potential buyer had the funds to pay off the past due taxes. Mr. Ulrich believed the potential buyer had the funds to pay off the past due taxes. Council Member Allison-Aasby asked if the property had any disturbances where the police were called. Ms.Lorenson stated she did not know if the property had any police calls as that was not a condition for the notice of intent to not renew the license. Mr. Ulrich stated he ran his business for sixteen years and the police were seldom called there. Council Member Pech asked if the property met all of the conforming uses as far as zoning criteria and requirements. Director of Community Development, Allen Davis, was sworn in by the City Clerk. Mr. Davis stated at the present time, Walleye’s Pub was classified as a legal nonconforming use property in an area zoned residential. He stated once the bar had not been operated for twelve consecutive months the property would lose the legal nonconforming status. Council Member Pech asked if the property was sold after June 30, 2014 could it operate as a tavern. Mr. Davis replied that if the property was sold after June 30, 2014 it could not operate as a tavern. Council Member Herman asked if the new owner could request a conditional use permit to operate the property as a bar. Mr. Davis stated the new owner would have to request a zoning change for commercial use of the property if the property was to be operated as a bar after June 30th. Council Member Fitzgerald asked Mr. Ulrich if one of his options would be somebody operating their own business on the premises but leasing the building from him. Mr. Ulrich stated he needed to consult with his attorney on whether he could sell the business separate from the real estate, however he felt his best option was to pursue the land contract. 9 PCC–J102014 , ROCEEDINGS OF THE OMMON OUNCIL UNE Council Member Allison-Aasby asked if Mr. Ulrich felt it was realistic for him to be able to close th the land contract deal prior to June 30. Mr. Ulrich stated he had hoped the Council would give him more time to sell the property. He stated he had been trying to sell the property since January of 2013. Mayor Tower asked how much time Mr. Ulrich needed to complete the land contract. Mr. Ulrich stated if the sale was pending and the taxes were paid, he wanted the buyer to go through the process of having the liquor license put into the buyer’s name. Council Member Cummings asked if Mr. Ulrich had anything in writing regarding a new buyer from his realtor. Mr. Ulrich stated at the present time he did not have anything in writing regarding a new buyer from his realtor. Council Member Cummings asked Mr. Ulrich if he had anything in writing from his bank regarding a land contract or other options to sell the property. Mr. Ulrich stated he did not have anything in writing from his bank regarding a land contract or other options to sell the property. Ms. Ubrig stated in order for a transfer of the liquor license to take place, the application for the transfer had to be filed in the City Clerk’s Office fifteen days prior to a council meeting as it needed to be published. She stated there was not enough time for a transfer of the liquor th license to be published and brought before Council prior to June 30. th Mayor Tower commented if the license was transferred after June 30 there would be a zoning issue. Council Member Herman asked if the liquor license would automatically be vacated if the th property was not sold by June 30 and lost its legal nonconforming status. Ms. Lorenson explained that by state statute, the Council must take action on the license at the th current meeting. She stated if the license was issued to 548 W. 6 Avenue and not used, the license would not automatically be vacated, however the bar could not be reopened or the business reestablished at that location. Council Member Herman asked under that scenario, could the license be transferred to another business. Ms. Lorenson stated the license could be transferred to another business. Council Member Cummings asked Mr. Ulrich how he would rate the interior of the building. Mr. Ulrich stated the interior of the building would need some work done. Council Member Cummings asked if the building had a kitchen or ever served food. 10 PCC–J102014 , ROCEEDINGS OF THE OMMON OUNCIL UNE Mr. Ulrich stated the building did not have a kitchen and he did not serve food. Mayor Tower asked how many open liquor licenses were available in the City. Ms. Ubrig stated the City currently had two open liquor licenses and another license would st become available on July 1. Mayor Tower asked if there would be four open licenses if Walleye’s was not approved. Ms. Ubrig stated there would be four open liquor licenses in the City if Walleye’s license was not approved. Mayor Tower felt the best option for the Council was to renew the license subject to conditions. Council Member Cummings asked if the potential buyer of the property had expressed interest in having an appraisal completed. Mr. Ulrich stated he and the potential buyer had not discussed having an appraisal of the property completed. Mr. Rohloff suggested that Mayor Tower close the hearing so that Council could determine their course of action. Council Member Cummings asked if the potential buyer had any experience in operating a tavern. Mr. Ulrich stated he believed the potential buyer had experience in operating a tavern. Council Member Cummings asked if the potential buyer currently owned other establishments in the City. Mr. Ulrich stated he did not know if the potential buyer currently owned other establishments in the City, however the potential buyer had owned establishments in the past. Mayor Tower asked Mr. Ulrich if he had any closing statements to make before the Council started deliberating. Mr. Ulrich stated he would like to have until the end of June to sell the business or the business and the real estate together. Council Member Fitzgerald supported amending the resolution to include conditions and a timeline for the conditions to be met. Mr. Rohloff stated there was a timeline listed in the memo provided to the Council and it was important that Mr. Ulrich understood the timeline. Mayor Tower stated the conditions listed in the memo would be difficult for Mr. Ulrich to meet. 11 PCC–J102014 , ROCEEDINGS OF THE OMMON OUNCIL UNE Council Member Herman stated he could not justify a reason to renew the license subject to th conditions. He did not feel the conditions could be met by June 30. Ms. Lorenson explained that the Council could not vote for nonrenewal of the liquor license as the business had not been nonoperational for twelve consecutive months. She stated that there was not enough time for the license to be transferred; in order to keep the license at 548 thth W. 6 Avenue the business would need to be reopened and operating by June 30. Mr. Rohloff referred to option number three in the memo and clarified to Mr. Ulrich that Walleye’s Pub needed to acquire the liquor license for the current year and conduct business th on the premises by June 30 or effectively the license would not be renewed. Council Member Cummings asked what the amount was of back taxes owed. Ms. Ubrig stated she did not have the amount of taxes that were owed to Winnebago County, however the taxes owed to the City for 2013 were $2,989.23 for real estate and $263.72 for personal property. Council Member Cummings asked if there were any outstanding water bills on the property. Ms. Ubrig stated unpaid water bills were included in the tax bill. Council Member Fitzgerald asked what the definition of “reopen” was for Walleye’s Pub. Mr. Rohloff stated the issue was for Walleye’s to be open for business and available to sell alcoholic related products. He stated in order to sell alcoholic related products Mr. Ulrich needed to have a liquor license and in order to get the liquor license the taxes had to be current and the building would have to pass inspections. Ms. Lorenson clarified being “open” meant more than just turning the lights on; the business had to be able to serve patrons. Council Member Pech made a motion to adopt the resolution and followed up with a motion to amend the resolution to include conditions. Ms. Lorenson explained the Findings of Fact, Conclusion of Law and Determination of the Council. Council Member Pech made a motion to adopt the Findings of Fact, Conclusion of Law and Determination of the Council. OB THER USINESS Request to hold Public Hearing for Review of Adult Family Home located at 2920 Quail Court under Wis Stat. 62.23(7)(i)(g) Mayor Tower asked the petitioner of the request to hold a public hearing to explain the rationale for his request. 12 PCC–J102014 , ROCEEDINGS OF THE OMMON OUNCIL UNE Carl Glowcheski, 2910 Quail Court, stated he requested a public hearing be held for review of an adult family home located at 2920 Quail Court as he felt the group home posed a threat to the health, safety or welfare to the residents of the City. He stated the group home existed on a small cul de sac of seven homes and that the home operated twenty four hours a day, three hundred and sixty five days a year with three shifts of workers coming and going. He stated there were four people living in the home, however there could be up to eight cars parked at the home at one time. He stated there were cars parked illegally in the cul de sac and in front of fire hydrants. Council Member Herman asked if Mr. Glowcheski had contacted the police department. Mr. Glowcheski stated he had contacted the police department but he did not believe any citations were issued. Council Member Pech stated he understood Mr. Glowcheski’s concerns, however he argued that the parking issues Mr. Glowcheski described happened all over the City. Ms. Lorenson stated that Mr. Glowcheski’s request for a public hearing was forwarded for review to the City Police Department, Fire Department, and the Department of Community Development and no significant issues relative to the property were identified. Mayor Tower stated that State regulations limited the power of municipalities to regulate the zoning for group homes. Mr. Glowcheski stated he had met with the State Director of the Bureau of Assisted Living who would be in contact with the City to determine jurisdiction matters. Mr. Rohloff stated that he and Ms. Lorenson met with Mr. Glowcheski’s attorney approximately eight months ago after which Ms. Lorenson sent a letter to the State of Wisconsin asking if there was a licensing issue with the group home at 2920 Quail Court. To date, the City had not received a response back from the State regarding a licensing issue. He stated the issue at hand was if there was a threat to the health, safety or welfare to the residents of the City. Mr. Glowcheski clarified that the attorney who met with City staff was the subdivision homeowners’ association attorney, not his. He felt there was a threat to the health, safety or welfare to the residents of the City if laws were not being followed. He believed the group home was being operated as a nursing home. He asked if there were written reports from the City Police Department, Fire Department, and the Department of Community Development regarding their review of his request for a public hearing. Mr. Rohloff stated there was no report from those departments as there was nothing for them to report. Mr. Glowcheski asked if there were emails or other correspondence from City Police Department, Fire Department, and the Department of Community Development regarding their review of his request for a public hearing. Ms. Lorenson stated she spoke with each department directly. 13 PCC–J102014 , ROCEEDINGS OF THE OMMON OUNCIL UNE Mr. Rohloff stated the reason there was no public record of the reviews was due to the fact that there were no complaints except for the conversation that Mr. Glowcheski had with Planning Director Burich. Mr. Glowcheski stated the police and fire departments had been called to the home. Mr. Rohloff explained the police and fire calls were not considered complaints; they were service calls. Mayor Tower asked Mr. Glowcheski why he felt his health and safety was being threatened on a regular basis. Mr. Glowcheski cited two incidents involving his teenage daughter not being able to get in or out their driveway due to vehicles being parked in front of it. He stated that group home workers routinely drove over his grass despite his efforts to prevent it. Council Member Fitzgerald asked if Mr. Glowcheski had been in touch with the operators of the facility. Mr. Glowcheski stated he had not been in contact with the operators of the facility. Council Member Pech asked if Mr. Glowcheski would be willing to reach out to the operators of the facility. Mr. Glowcheski felt he should not have to tell his neighbors not to drive on his grass. Council Member Fitzgerald was familiar with how group homes operated and explained why there could be multiple cars parked there occasionally. He encouraged Mr. Glowcheski to talk to the group home operators directly regarding driving on his grass. Mayor Tower suggested Mr. Glowcheski contact his subdivision homeowners’ association to help work through any issues. Mayor Tower asked the Council for a motion to hold a public hearing to review the adult family home located at 2920 Quail Court under Wis Stat. 62.23(7)(i)(g). FAILED FOR LACK OF A MOTION CD,DCMFAI OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS th A workshop on Strategic Planning would be held July 9 from 9am - 5pm at the UW-O Welcome Center. rd A budget workshop would be held on July 23 at 5:00 p.m. rd Council Member Allison-Aasby stated she would out of the state on business on July 23. 14 PCC–J102014 , ROCEEDINGS OF THE OMMON OUNCIL UNE Mr. Rohloff indicated currently City staff was bringing inactive liquor licenses to Council at renewal time, when in reality, at renewal time the length of inactivity could be more or less than one year depending on when the establishment closed. He suggested that the policy be changed in which inactive liquor licenses be brought before Council after one complete year of inactivity. The Council agreed to add the liquor license policy change to the agenda for the next meeting. Council Member Herman felt the City should develop a new downtown plan that included parking. Mr. Rohloff supported the idea to develop a new downtown plan. He felt the City should contact the community members involved in the previous downtown plan. Council Member Cummings supported the idea of a new downtown plan but not just for Main Street. He felt it should be approached as a Central City plan. Council Member Pech felt the plan should include Oregon Street and Wisconsin Street also. Council Member Allison-Aasby asked if business development would be included in the plan. Mr. Rohloff indicated the plan would definitely be about business development. Mr. Davis stated underutilized buildings would be reviewed in the plan as well as th infrastructure and parking. He wanted the plan to reach as far as 14 Avenue. Council Member Allison-Aasby noted that small businesses in the downtown area have struggled and felt a pragmatic approach to the development plan was needed. Council Member Cummings commented that the plan consultants should consider modern parking structures. The Council agreed that the department of Community Development should research implementing the development of a new downtown area plan. CSC ITIZEN TATEMENTS TO OUNCIL Patricia Diener, 1316 Broad Street, was concerned about flooding near South Park after heavy rains. She was also concerned about how citizens were notified of sex offenders living in the City. Gary Gray, 815 W. Linwood Avenue, was concerned about the property tax rate for the City of Oshkosh. 15 PCC–J102014 , ROCEEDINGS OF THE OMMON OUNCIL UNE CMA&S ITY ANAGER NNOUNCEMENTS TATEMENTS thst Mr. Rohloff provided the Council with financial overviews for the 4 quarter of 2013 and 1 quarter of 2014. A DJOURN MOTION: ADJOURN (Cummings; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 8:18 p.m. PAMELA R. UBRIG CITY CLERK 16