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HomeMy WebLinkAbout02. 12-511 OCTOBER 23, 2012 12-511 RESOLUTION (CARRIED____7-0____LOST________LAID OVER________WITHDRAWN________) PURPOSE: AUTHORIZE SPECIAL CHARGE FOR CURRENT SERVICES RELATED TO SPECIAL EVENT / DARK HORSE (ANDREW ZOELLICK) 120 WISCONSIN STREET – GRADUATION BEER GARDEN / MAY 11, 2012 INITIATED BY: CITY ADMINISTRATION WHEREAS, application for a Special Event was filed for a Graduation Beer Garden Event to take place on May 11, 2012 at Dark Horse, 120 Wisconsin Street in the City of Oshkosh; and WHEREAS, the Common Council at its May 9, 2012 meeting, approved Resolution 12-240 which stated that Dark Horse (Andrew Zoellick) shall reimburse the City for extraordinary costs incurred by the City for the event; and WHEREAS, the City of Oshkosh rendered extraordinary services to the above- named property necessary to protect the public’s health, safety and welfare, and to facilitate the event in the form of police staffing and provision of barricades; and 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 $958.33; and WHEREAS, the property owner has 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 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. OCTOBER 23, 2012 12 -511 RESOLUTION CONT'D BE IT FURTHER RESOLVED that the appropriate city staff are hereby authorized and directed to invoice the owners of the following real property in the amount of $958.33 as a special charge for services related to the Dark Horse Graduation Beer Garden Event (May 11, 2012) : Business Real Property Address Property Owner Dark Horse 120 Wisconsin Street Saalsaa Brothers Real Estate LLC BE IT FURTHER RESOLVED that the above charges and costs incurred by the City of Oshkosh for the above - described services shall be fully reimbursed the total paid by the property owner to the City by November 15, 2012. If the full amount of the special charge is not timely paid by November 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. N1Ji M-511:l TO: Honorable Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: October 11, 2012 RE: Resolution to Impose Special Charge for Services related to Dark Horse Graduation Beer Garden Special Event, May 11, 2012 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. On May 9, 2012 the Common Council received three applications for Graduation Beer Gardens to be held on May 11; 2012. The three applicants had coordinated their events, but submitted separate applications for the three separate establishments. At the applicant's request, costs for the event were to be divided equally between the three applicants. The Council approved the events at their May 9, 2012 meeting. After the event, invoices for the services provided were sent to the three participating establishments in the amount of $958.33 for police services and provision of barricades. Two of the three establishments have paid the invoices. The third establishment, Dark Horse (Andrew Zoellick) located at 120 Wisconsin Street, has not made any payment upon the invoice. ANALYSIS The City has incurred costs for the provision of Extraordinary Services in support of the Graduation Beer Garden event which have not been reimbursed. The event application indicates that the event organizer is Dark Horse (Andrew Zoellick) located at 120 Wisconsin Street. It is clear from the nature of the event itself as well as statements from the applicants that the event provides a significant financial benefit to the participating establishments. ®a I.: The City has several options to collect amounts that are due for the services rendered. The City could file a lawsuit against the Dark Horse and /or Mr. Zoellick 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 this applicant for special events. The City could impose a special charge upon the properties to which services have been provided, the participating tavern property in this case, for the costs of services provided. In this case, Mr. Zoeliick`s current association with the establishment is unclear and it appears unlikely that the City would be successful in collection of the amounts due from Mr. Zoellick. Staff is recommending that the Council impose a special charge upon the property 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, where services were provided that benefited the property and an existing and presumably profitable tenant for the property owner, the special charge mechanism allows the City to allocate the costs for providing services to the property. FISCAL IMPACT Passage of the Resolution would provide a means for collecting the $958.33 identified as the amount due for extraordinary expenses related to the Dark Horse Graduation Beer Garden Event. RECOMMENDATION Staff recommends passage of the proposed Resolution and imposition of the special charge upon the identified properties. 3Rep ALoren ted, o Cit Attorney Approved: Mark Aohlo City Manager