HomeMy WebLinkAbout02. 12-99
MARCH 13, 2012 12-66 12-99 RESOLUTION
FEBRUARY 28, 2012
(CARRIED________LOST________LAID OVER________WITHDRAWN________)
CONTINUE THE HEARING TO JUNE 12, 2012
PURPOSE: AUTHORIZE SPECIAL CHARGE FOR CURRENT SERVICES
RELATED TO SPECIAL EVENT / OSHKOSH PUB CRAWL /
OCTOBER 8, 2011
INITIATED BY: CITY ADMINISTRATION
WHEREAS, application for a Special Event was filed for a Pub Crawl to take place
on October 8, 2011 on Main Street in the City of Oshkosh; and
WHEREAS, the following properties participated in the Pub Crawl Event:
Business Real Property Address Property Owner
Barley & Hops 663 N. Main Street Nathan Stiefvater
Calhoun Beach Club 695 N. Main Street Thomas Taggert, et al.
Cranky Pat’s 100 North Main #1 Street Daymark 100 N. Main LLC/
Oshkosh 620 LLC
Distillery Pub 515 N. Main Street James D. Lee
Jabroni’s 14 W. Irving Avenue Thomas J. Bollom
Joey’s 430 N. Main Street JFS Enterprises LLC
Legend’s 600 N. Main Street Prime Table Ltd.
Mable Murphy’s 701 N. Main Street 701 Main Inc.
O’Brians 686 N. Main Street Lewtag Realty LLC
Old Oshkosh Saloon 216 N. Main Street Paul Esslinger
Peabody’s 544 N. Main Street Brickhouse Properties LLC
Sami’s 668 N. Main Street Donald K. Walker
St. Thomas 693 N. Main Street Grace Brown
Terry’s 688 N. Main Street Patrick J. Purtell
The Magnet 519 N. Main Street Estate of Larry J. Backus
Varsity Club 570 N. Main Street Excel Properties LLC
WHEREAS, the Common Council at its September 27, 2011 meeting, approved
Resolution 11-444 which stated that Joe Kubiak and the businesses involved in the event
shall reimburse the City for extraordinary costs incurred by the City for the Oshkosh Pub
Crawl event; and
WHEREAS, the City of Oshkosh rendered extraordinary services to the above-
named properties necessary to protect the public’s health, safety and welfare, and to
facilitate the Oshkosh Pub Crawl event in the form of police staffing, fire department
staffing, and provision of barricades; and
MARCH 13, 2012 12-66 12-99 RESOLUTION
FEBRUARY 28, 2012 CONT'D
WHEREAS, §66.0627 of the Wisconsin Statutes authorizes the governing body of
a City to impose a special charge against real property for current services rendered; and
WHEREAS, the City's costs to render such services totaled $6202.95; and
WHEREAS, the property owners have been provided notice that the Common
Council is considering the imposition of a special charge for the services rendered and that
if the special charge is authorized and payment is not received that the above-stated costs
may be imposed upon the properties as a special charge as provided in §66.0627 of the
Wisconsin Statutes.
NOW, THEREFORE, BE IT RESOLVED by the Common Council for the City of
Oshkosh that the charges imposed are reasonable and the extraordinary services provided
were necessary to protect the public's health, safety and welfare during the Oshkosh Pub
Crawl event, to protect the owner's property and to facilitate the successful operation of the
event.
BE IT FURTHER RESOLVED that the actions of the city staff in providing the
extraordinary services and in providing notice to the property owners that these costs may
be imposed as a special charge upon the real property listed below are hereby ratified and
confirmed.
BE IT FURTHER RESOLVED that the appropriate city staff are hereby authorized
and directed to invoice the owners of the following real property for their portion of the
amount of $6202.95 (to be divided equally amongst the various properties) as a special
charge for services related to the Oshkosh Pub Crawl event (October 8, 2011) :
Business Real Property Address Property Owner
Barley & Hops 663 N. Main Street Nathan Stiefvater
Calhoun Beach Club 695 N. Main Street Thomas Taggert, et al.
Cranky Pat's 100 North Main #1 Street Daymark 100 N. Main LLC/
Oshkosh 620 LLC
Distillery Pub 515 N. Main Street James D. Lee
Jabroni's 14 W. Irving Avenue Thomas J. Bollom
Joey's 430 N. Main Street JFS Enterprises LLC
Legend's 600 N. Main Street Prime Table Ltd.
Mable Murphy's 701 N. Main Street 701 Main Inc.
O'Brians 686 N. Main Street Lewtag Realty LLC
Old Oshkosh Saloon 216 N. Main Street Paul Esslinger
Peabody's 544 N. Main Street Brickhouse Properties LLC
Sami's 668 N. Main Street Donald K. Walker
St. Thomas 693 N. Main Street Grace Brown
Terry's 688 N. Main Street Patrick J. Purtell
MARCH 13, 2012 12-66 12-99 RESOLUTION
FEBRUARY 28, 2012 CONT'D
The Magnet 519 N. Main Street Estate of Larry J. Backus
Varsity Club 570 N. Main Street Excel Properties LLC
BE IT FURTHER RESOLVED that the above charges and costs incurred by the City
of Oshkosh for the above-described special services shall be fully reimbursed and their
portion of the total paid by the property owners to the City by March 15, 2012. If the full
amount of the special charge is not timely paid by March 15, 2012, the unpaid special
charge shall be considered delinquent and shall become a lien on the above-noted real
property as of the date of delinquency and shall be included in the current or next tax roll
for collection and settlement under chapter 74, Wis. Stats.
CITY HALL
215 Church Avenue
P.O.Box 1130
Oshkosh,Wisconsin
54903-1130 City of Oshkosh
O.IHKOJH
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: March 8, 2012
RE: Resolution to Impose Special Charge for Services related to Oshkosh Pub
Crawl special event held October 8, 2011
At its February 28, 2012 meeting, the Council continued the Public Hearing related to a
proposed resolution to impose a special charge for services for the Fall 2011 Oshkosh
Pub Crawl special event.
A letter was sent out to all of those who had received notice of the proposed special
charge as well as Joe Kubiak who was acting as the representative of the group in
organizing the event offering to meet with them and discuss last fall's Pub Crawl and
planning for future events. City staff met with seven persons, one of whom was both a
part owner of one of the participating properties and indicated that he was also acting as
the legal representative of Mr. Kubiak, who was out of state on the day of the meeting.
Recognizing that this was only a portion of the larger group, the representatives present
and staff did have discussion both about the fall event and the outstanding amount due
to the City and about future events. Those present indicated a willingness to work with
all of the business and property owners to make payment on the outstanding amount
due and to work together with each other and city staff on an anticipated upcoming pub
crawl event planned for mid-April. There was also discussion regarding a partial
payment to be made upon the outstanding amount due from the fall 2011 pub crawl
event and whether city staff would consider holding off further collection efforts for the
remaining 2011 amount until after a planned April pub crawl event to allow the
organizers to gather additional funds and pay the full amount due for both the fall 2011
and spring 2012 event. City Manager Rohloff indicated that staff would be willing to
recommend to the Council that the public hearing be continued to the second meeting in
April for full payment of the funds if a partial payment was made prior to the March 13,
2012 Council meeting and appropriate arrangements were made for the planned spring
event.
•
City staff was contacted by Mr. Kubiak after the meeting who indicated that he would be
meeting with the participating taverns on Friday, March 9, 2012 and that it was his
intention to make a partial payment on the amount due from the fall 2011 pub crawl
event. He also requested preliminary estimates for the city's anticipated extraordinary
costs for the April event. However, Mr. Kubiak also indicated to staff that he did not
intend to file a special event application for the spring event. The Oshkosh Police
Department informed both Mr. Kubiak and his legal representative that a special event
application would be required for the event.
At this time, we are still awaiting Mr. Kubiak to make the payment and file the new
application for the spring event and will update the Council if additional information
becomes available.
Re ectfully Submitted, Approved:
Lynn . Lorenso Mark A. Rohloff
City Attorney City Manager
CITY HALL
215 Church Avenue
P.O.Box 1130
Oshkosh,Wisconsin City of Oshkosh
54903-1130 Y
OJHKOIH
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: February 23, 2012
RE: Resolution to Impose Special Charge for Services related to
Oshkosh Pub Crawl special event held October 8, 2011
Last week with the Council packets, the Council received a copy of the notices
and letters sent to the participating taverns and respective property owners
informing those persons of the City's intention to consider the imposition of a
special charge upon their properties related to services provided for the Oshkosh
Pub Crawl Event held on October 8, 2011. Council also received a
memorandum explaining the background related to this event and the proposed
imposition of the special charge. Since those items were provided to the Council,
a number of questions have arisen and I discovered one misstatement in the
memorandum that should be corrected.
Invoices to Taverns and Property Owners
The previous memorandum indicated that invoices for extraordinary services had
been sent to each of the participating businesses listed as organizers of the
event. It is now my understanding that only Mr. Kubiak was sent an invoice. The
businesses did receive notices last September which informed them of the
Council's decision to hold them responsible for extraordinary services.
Regardless of prior notices, the proposed resolution directs staff to invoice the
businesses and the property owners, and to provide a period of time for those
persons to pay the amounts due. In addition, staff will also resend the invoice to
Mr. Kubiak. The resolution authorizes staff to take those steps necessary to
impose a special charge upon the real property for any unpaid amount allocated
to a particular parcel. The unpaid special charge would become a lien upon the
property and be included on the tax bill for the parcel.
Consideration of Other Options
Regarding other options to collect the amounts due, the City has several options,
including litigation, to collect amounts that are due for services rendered.
However, litigation involves expending staff time and taxpayer money which
would minimize the actual reimbursement of the costs for the extraordinary
services. Staff is recommending the authorization of a special charge as the
most effective and efficient method for collecting the amounts due for the
extraordinary services provided.
Responsibility of Agent
Several of the business and property owners have indicated that they had not
"organized" the pub crawl event and some have indicated that they were simply
informed that they were included by the individual that acted as the
representative for the event in initial discussions with the City and therefore they
believe that they should not be held responsible for the amount due to the City.
However, these same individuals have also informed staff that they paid money
to this representative in connection with the event.
When considering authorization of a special charge, the statutes require only that
the Council to consider whether services were provided to the particular
properties. As indicated in the prior memo, the police, fire and public works
departments all provided services related to the Oshkosh Pub Crawl event.
When determining which properties services were provided to in connection with
the event, city staff reviewed the application that had been submitted for the
event, the advertising and other information released to promote the event, and
the observations of the police officers who were assigned to the event. Sixteen
(16) properties were identified as participating in and receiving services related to
this event. Staff is recommending that the total charge for the extraordinary
services be divided equally among these 16 properties.
Conclusion
The City's concern is for payment of the amount taxpayers expended for
extraordinary services in support of this event and these properties. The City
cannot do anything about any agreements between Mr. Kubiak and the
businesses. Any such agreement is an issue separate from the City's need to
have its costs covered. If the costs related to this event are not paid by the event
organizers or the properties that received the extraordinary services, then they
will be absorbed by the city's taxpayers generally.
41•114)
OJHKOJH
ON THE WATER
TO: Mark A. Rohloff, City Manager
FROM: Lynn A. Lorenson, City Attorneys
DATE: February 17, 2012
RE: Resolution to Impose Special Charge for Services related to Oshkosh Pub
Crawl special event held October 8, 2011
The Council will be asked to approve a resolution at its February 28, 2012 Council meeting
to impose a special charge for services related to the Oshkosh Pub Crawl special event
held on October 8, 2011. Staff wanted to make the Council aware that we are sending out
a letter and notice of hearing to the affected property owners related to this resolution.
Following the event, Invoices for the services were sent out to the participating taverns and
to the representative that had begun initial discussions with the City on their behalf in the
same manner as for all events. No payment has been received and there has been no
communication from the participants as to their intention to make payment on the amount
due. In light of this lack of response to the invoices, we believe that this is the most
effective way to collect the amounts due to the City in this situation.
Attached to this memo are copies of the letter and notice to the property owners, as well
as, a copy of the memorandum that has been prepared for the Council related to the
proposed resolution.
If any of the Council members has any questions regarding this they should feel free to
contact either City Clerk Pamela Ubrig or myself.
0
OfHKOJH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: February 17, 2012
RE: Resolution to Impose Special Charge for Services related to Oshkosh Pub
Crawl special event held October 8, 2011
BACKGROUND
On March 9, 2010, the Common Council adopted a Special Events, Marches and Public
Assemblies Ordinance which allows the City to recover certain costs related to
extraordinary services provided to special events.
An application was submitted to the City Clerk's office in September 2011 for the Oshkosh
Pub Crawl to be held on October 8, 2011. The event anticipated an attendance of
approximately 3000 persons and included 16 taverns along and near North Main Street in
the City of Oshkosh. The event was reviewed by City Staff who met with a representative
of the event and cost estimates were provided for provision of police services, fire services,
barricades, garbage and recycling services and street clean up.A representative on behalf
of Oshkosh Pub Crawl, LLC attempted to withdraw the special event application prior to
Council consideration; however, understanding that the event was planned to continue in
any case, the Common Council granted approval of the Event by Resolution 11-444 on
September 27, 2011 conditioned upon the payment of the City's costs for extraordinary
services. City staff continued to work with the representative and the various licensed
establishments participating in the event.
The event was held on October 8, 2011. Oshkosh Police assigned 10 officers to the event
area from 6:30 p.m. to 10:30 p.m. and 12 officers to the event area from 10:30 p.m.to 2:30
a.m. Police patrolled the event area and performed checks at the participating
establishments to make certain no underage persons were present or being served, there
was no over-service to intoxicated individuals and that other applicable laws relating to
licensed establishments were being followed; that patrons in the establishments and event
attendees were orderly and disturbances involving fights or damage to property were
limited; that participants and others within the event area were able to safely move from
site to site and that the event, in general, was safe and orderly. The Oshkosh Fire
Department assigned 2 persons to monitor capacity in the various establishments and to
monitor establishments for other code related issues, such as blocked entrances and exits.
75 Barricades were provided by the Street Department and served to designate points for
pedestrians to cross streets safely as they participated in the event.
After the event, invoices for the services provided were sent to the representative of the
event and all participating taverns in the amount of $6202.95 for police and fire services
and barricades. Costs for additional garbage and recycling pick up and street clean up
were determined not to be necessary and were not billed. No payment has been made
upon the invoice.
ANALYSIS
The City has incurred costs for the provision of Extraordinary Services in support of the
Oshkosh Pub Crawl event which have not been reimbursed. The City's Special Events
ordinance makes event organizers responsible for the payment of the costs of any
extraordinary services related to their event. The event application indicates that the event
organizers are the taverns participating in the event and it is clear from the nature of the
event itself as well as statements from the participating tavern operators that the event
provides a significant financial benefit to the participating establishments. The application
is signed by Mr. Joe Kubiak who represented the event organizers in initial discussions with
City staff. Additional discussion and communication involved all of the event organizers.
The City has several options to collect amounts that are due for the services rendered.
The City could file a lawsuit against Mr. Kubiak and the organizers of the event to attempt
to collect the amounts owed. The Common Council could consider the non-payment of
costs related to this event in consideration of future applications by these applicants for
special events. The City could impose a special charge upon the properties to which
services have been provided, the participating tavern properties in this case, for the costs
of services provided.
Staff is recommending that the Council impose a special charge upon the properties
served as provided in §66.0627 of the Wisconsin Statutes. Section 66.0627 allows the
governing body to impose a special charge against real property for current services
rendered by allocating all or a part of the cost of the service to the property served.
Imposition of a charge under this section of the statutes does not foreclose the City from
pursuing another method to seek reimbursement of the amounts due should the City so
choose. A special charge that is not paid within the time determined by the governing
body, is delinquent and becomes a lien upon the property. Delinquent special charges are
included in the current or next tax roll for collection and settlement. Use of the special
charge provisions allows the City to impose the charge and collect the amount due with the
next tax bill if the charge is not timely paid. Should the property owner not pay the
amounts due with the property tax, licenses related to the property, such as liquor or health
licenses, may be withheld until proper payment is received under the applicable provisions
of the municipal code.
Where the services rendered can be linked to particular parcels, as in this case, the special
charge mechanism allows the City to allocate the costs for providing services to the
property. In this case, staff is recommending imposing only the costs identified as
"extraordinary costs" under the special events policy and within the resolution and billing
related to this event.
FISCAL IMPACT
Passage of the Resolution would provide a means for collecting the$6202.95 identified as
the amount due for extraordinary expenses related to the Fall 2011 Oshkosh Pub Crawl
Event.
RECOMMENDATION
Staff recommends passage of the proposed Resolution and imposition of the special
charge upon the identified properties.
Respectfully Submitted, Approved:
c3' ;Car
Lyn A. Lorenson Mark A. Rohloff
City Attorney City Manager
PAMELA R.UBRIG
City Clerk
I 400r ANGELA t JOECKEL
Deputy City Clerk
CITY HALL
215 Church Avenue
OfHKOf H P.O.Box 1130
Oshkosh,WI
ON THE WATER 54902-1130
February 17, 2012
Dear License Holder/Property Owner:
Please find enclosed the following documents for your information and review:
1. Notice of Public Hearing to be held by the Oshkosh Common Council on February
28, 2012 regarding special charges for services related to the Oshkosh Pub Crawl
held on October 8, 2011, which special charges will be set with the adoption of a
resolution, also scheduled for adoption on February 28, 2012.
If you wish to appear before the Council, please refer to the "Notice of Public Hearing"
enclosed. Written comments may also be submitted to the City Clerk's Office prior to the
Public Hearing for consideration.
Sincerely,
CITY OF OSHKOSH
PAMELA R. UBRIG
CITY CLERK
NOTICE OF PUBLIC HEARING
Office of the City Clerk, City of Oshkosh, Winnebago County, Wisconsin:
PLEASE TAKE NOTICE that the City Council of the City of Oshkosh is considering imposing a
special charge in the amount of $6202.95 (to be divided equally amongst the various properties
listed below) under Section 66.0627 of the Wisconsin Statutes against certain real property for
police and fire services and the provision of barricades related to the Oshkosh Pub Crawl on
October 8, 2011.
OSHKOSH PUB CRAWL
OCTOBER 8, 2011
POLICE STAFFING, FIRE DEPARTMENT STAFFING
AND PROVISION OF BARRICADES
Business Real Property Address Property Owner
Barley & Hops 663 N. Main Street Nathan Stiefvater
Calhoun Beach Club 695 N. Main Street Thomas Taggert, et al.
Cranky Pat's 100 North Main #1 Street Daymark 100 N. Main LLC/
Oshkosh 620 LLC
Distillery Pub 515 N. Main Street James D. Lee
Jabroni's 14 W. Irving Avenue Thomas J. Bollom
Joey's 430 N. Main Street JFS Enterprises LLC
Legend's 600 N. Main Street Prime Table Ltd.
Mable Murphy's 701 N. Main Street 701 Main Inc.
O'Brians 686 N. Main Street Lewtag Realty LLC
Old Oshkosh Saloon 216 N. Main Street Paul Esslinger
Peabody's 544 N. Main Street Brickhouse Properties LLC
Sami's 668 N. Main Street Donald K. Walker
St. Thomas 693 N. Main Street Grace Brown
Terry's 688 N. Main Street Patrick J. Purtell
The Magnet 519 N. Main Street Estate of Larry J. Backus
Varsity Club 570 N. Main Street Excel Properties LLC
The City Council will hear all persons interested or their agents or attorneys concerning the
proposed special charge at 6:00 p.m. in the Council Chambers in the City Hall, Oshkosh,
Wisconsin on FEBRUARY 28, 2012.
All objections will be considered at said hearing and thereafter the amount of the special charge
will be finally determined.
CITY OF OSHKOSH
PAMELA R. UBRIG
CITY CLERK